[Adopted 3-13-1996 as Ord. No. 45-1996]
The purposes of this Article are to:
A.
Protect those areas of the City of Scranton which
are of historic, architectural, cultural, archaeological, educational
and aesthetic merit to the City of Scranton, the state and the nation.
B.
Awaken, in our people, an interest in our historic
past.
C.
Promote the use and reuse of the areas of the City
of Scranton for the culture, education, health, pleasure and the general
welfare of the people of the City of Scranton, the state and the nation.
D.
Strengthen the economy of the City of Scranton by
stabilizing and improving property values.
E.
Encourage new buildings and developments that will
be compatible with existing historic and architecturally significant
buildings and districts.
The Commission for Architectural and Urban Design
Review shall recommend the designation of Historic Districts or landmarks
and shall perform certain procedures relating to the issuance of permits
for the alteration, construction, erection, reconstruction, restoration,
demolition or razing of any building or structure, in whole or in
part, located in an historic district or landmark within the City
of Scranton.
A.
For the purposes of this Article, all words used in
the present tense include the future tense. All words in the plural
number include the singular number and all words in the singular number
include the plural number, unless the natural construction of the
word clearly indicates otherwise. The word "shall" is mandatory and
not directory.
B.
ALTERATION
APPLICANT
APPLICATION
BUILDING
BUILDING CODE OFFICIAL
BUILDING PERMIT
BUILDING PERMIT APPLICATION
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CITY
CITY CLERK
CITY COUNCIL
CITY ENGINEER
CITY SOLICITOR
COMMISSION
COMMONWEALTH
CONSTRUCTION
DEMOLITION
GOVERNING BODY
HISTORIC DISTRICT
HISTORIC DISTRICT MAP
HISTORIC PRESERVATION OFFICER
INCENTIVE PLAN
LANDMARK
MAYOR
NATION
PERMANENT SITE FURNISHINGS
PRESERVATION
PUBLIC STREET OR WAY
RECONSTRUCTION
REHABILITATION
REPAIRS
REPLICATE
RESTORATION
SIGN
STATE
STRUCTURE
WORK OF ART
As used in this Article, the following terms shall
have the meanings indicated:
Any change, modification or addition to a part of or all
of the exterior of any building or structure, which is visible from
a public street or way.
One who applies for a certificate of appropriateness.
A request for permission to alter, reconstruct, repair, restore, demolish or raze all or part of a landmark; or construct, alter, reconstruct, repair, restore, demolish or raze all or part of any building or structure located in an historic district or landmark. An application shall contain the information and documentation required for the scope of the proposed work. (Refer to § 18-44 regarding exception for interior alterations or modifications).
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use, including
mobile homes and trailers, to be used for any reason whatsoever.
The Building Code Official, or his designee, for the City
of Scranton.
Any approval statement issued by the Building Code Official,
or his designee, authorizing the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or part of any building
or structure.
The request filed by any person with the Building Code Official
that seeks authorization to construct, alter, reconstruct, repair,
restore, demolish or raze all or part of any building or structure.
The approval statement, which certifies the appropriateness
of an applicant's request to construct, alter, reconstruct, repair,
restore, demolish, raze, sandblast and/or chemically clean the exterior
of all or part of any building or structure located in an historic
district or landmark.
The approval statement wherein the applicant's request to
perform specific work on a building or structure located in an historic
district or certified as a landmark is permitted after consideration
of the financial concerns and limitations of the applicant are set,
made known and accepted with or without modification.
The City of Scranton.
The Clerk of the City of Scranton.
The legislative branch of the governing body of the City
of Scranton.
The licensed, registered professional engineer, employed
by the City of Scranton, whose duties include, but are not limited
to ensuring that buildings and structures are structurally safe and
fit for habitation or their intended use.
The legal representative of and for the City of Scranton.
The Commission for Architectural and Urban Design Review
created through the enactment of this Article and governed by the
provisions contained herein.
The Commonwealth of Pennsylvania.
Any and all work necessary for the erection, alteration,
reconstruction, repair or restoration of any building or structure
from a combination of materials.
The dismantling or tearing down of all or part of any building
or structure.
The Mayor and Council of the City of Scranton.
The geographic areas delineated in accordance with the provisions
of this Article possessing a significant concentration, linkage or
continuity of buildings, structures, sites or objects united by past
events, plan or physical development which contain historical, architectural,
cultural, archaeological, educational or aesthetic merit. An historic
district may comprise an individual site or individual elements separated
geographically but linked by association, plan, design or history.
The official map adopted by the governing body of the City
of Scranton which shall be filed of record in the Office of the City
Clerk.
The City employee who shall provide technical assistance
to the Commission for Architectural and Urban Design Review including,
but not limited to reviewing all applications for certificates of
appropriateness, attending all meetings of the Commission and, in
conjunction with the Superintendent of Building Inspection and the
Council of the City of Scranton, ensure that the purposes of this
Article and the decisions of the Commission are adhered to.
A coordinated effort wherein federal, state and local agencies
provide funds for the preservation of a structure which has been determined
to be located within the historic district or certified as a landmark.
An individual site, element or building which demonstrates
historical, architectural, cultural, archaeological, educational or
aesthetic merit.
The chief executive of the City of Scranton.
The United States of America.
Objects or equipment serving a particular site that are intended
to last indefinitely; e.g, outdoor lighting, flagpoles, benches, statues,
fountains, etc.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
Any land dedicated to public use or passage including, but
not limited to streets, alleys, parks, pedestrian rights-of-way, whether
constructed, dedicated or proposed.
The act or process of accurately depicting, by means of new
construction, the form, features and detailing of a nonsurviving site,
landscape, building, structure or object for the purpose of replicating
its appearance at a specific period of time and in its historic location.
The act or process of making possible a compatible use for
a property through repair, alterations and additions while preserving
those portions or features which convey its historical, cultural or
architectural values. NOTE: The limited and sensitive upgrading of
mechanical, electrical and plumbing systems and code-required work
to make properties functional is appropriate within restoration, preservation
and rehabilitation projects.
Any and all work involving the replacement of existing work
with equivalent material for the purpose of maintenance, but not including
any addition, change or modification in construction.
To make an exact copy; duplicate.
The act or process of accurately depicting the form, features
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period.
Any device, structure or object for visual communication,
including its structure and component parts, that is used for the
purpose of bringing the subject thereof to the attention of people,
but not including any cloth flag of any public, quasi-public, civic,
charitable or religious group.
The Commonwealth of Pennsylvania.
Any constructed, erected or placed material, or combination
of materials, in or upon the ground including, but not limited to
buildings, mobile homes, permanent site furnishings, radio towers,
sheds, signs and works of art.
The term work of art, as used in this Article, shall apply
to and include all mural decorations, statues, bas-reliefs, sculptures,
monuments, fountains, arches, ornamental gateways and other structures
of a permanent character, intended for ornament or commemoration.
A.
Membership.
(1)
Membership of the Commission shall consist of nine
(9) residents of the City of Scranton, not in the employ of the City
of Scranton, who shall serve without remuneration and shall be composed
of the following:
(a)
One (1) registered architect.
(b)
One (1) registered engineer.
(c)
One (1) licensed contractor.
(d)
One (1) licensed real estate broker.
(e)
One (1) member of the Architectural Heritage
Association.
(f)
One (1) property owner whose property is located
within an historic district or who owns a landmark property.
(g)
One (1) member who by professional training
or occupation is an urban planner, architectural historian, archaeologist,
historic preservationist or has professional expertise in a field
closely related to historic preservation or discipline such as American
studies, American civilization, cultural geography or cultural anthropology.
(h)
One (1) property owner at-large.
(i)
One (1) other person who by training, experience
or interest is qualified to carry out the duties as a member of the
Commission.
(2)
The members of the Commission shall be governed by
the Code of Ethics as contained in the Administrative Code[1] of the City of Scranton and in this regard shall not participate
in the discussion, or in any vote taken, on any proposal before the
Commission in which they have any financial interest either directly
or indirectly.
B.
Appointment; terms of membership. Members of the Commission
shall be appointed by the Mayor, with the advice and consent of City
Council, and shall serve for a period of five (5) years. The terms
of those members initially appointed shall be staggered so that no
more than two (2) terms expire in any one (1) year. Qualified replacements
shall be appointed by the Mayor, with the advice and consent of City
Council, within a period of ninety (90) days after the expiration
of the former member's term. Members shall not serve more than two
(2) consecutive five (5) year terms. No member shall be reappointed
until five (5) years after the completion of his/her previous two
(2) consecutive terms of service to the Commission.
C.
Organization of the Commission. The Commission may
establish its own bylaws, rules of procedure subject to the approval
of the Governing Body of the City of Scranton and the provisions of
the Local Agency Act,[2] establish offices and elect officers from its own membership.
For the conduct of any meeting and the taking of any action, a quorum
shall not be less than a majority of the Commission as a whole. Any
action taken at any meeting shall require the affirmative vote of
a majority of the quorum. The Commission shall keep full public records
of its business and shall submit a report of its activities to the
Mayor and City Council at least once a year.
[2]
Editor's Note: See 2 Pa.C.S.A. § 105
et seq.
D.
Removal of members. Any Commission member may be removed
for malfeasance, misfeasance or nonfeasance in office or for other
just cause by the Mayor.
E.
Expenditures for service. The Commission may expend
funds for legal, secretarial, clerical, consultant and other technical
assistance required to achieve the aims of this Article. Commission
members shall serve without compensation except that the City of Scranton
may reimburse Commission members for expenses incurred in the performance
of their duties. The Commission shall adhere to the competitive bidding
requirements as contained in the Administrative Code of the City of
Scranton.[3]
F.
Compliance with the Sunshine Act. The Commission shall
comply with the requirements for meetings under the Sunshine Act,
65 P.S. § 271 et seq.
A.
Advice to the governing body of the City of Scranton.
The Commission shall recommend to the governing body of the City of
Scranton whether an application for a certificate of appropriateness
should be approved. The Commission shall also recommend the designation
of landmarks and historic districts to the governing body of the City
of Scranton.
B.
Use of criteria. The criteria to be used by the Commission
in making its reports/recommendations to the governing body of the
City of Scranton concerning the issuance of certificates of appropriateness
shall include the effect of the proposed change upon each of the following:
(1)
The broad historical values representing the cultural,
political, economical or social history of the City of Scranton.
(2)
The relationship of the structure to historic personage
or events.
(3)
The specimen architectural types representative of
a certain period, style or method of construction.
(4)
The general historical and architectural nature of
the landmark or historic district or of other buildings and structures
in the immediate proximity.
(5)
The appropriateness of exterior architectural features
which can be seen from a public street or way.
(6)
The general design, arrangement, texture, material
and color of the building, structure or landmark and the relationship
of such factors to similar features of adjacent buildings and structures
in the historic district or the immediate vicinity.
A.
Designation of landmarks and the creation of historic districts. The Commission shall prepare, in accordance with the criteria set forth in Subsection B of this section, recommendations for consideration by the governing body of the City of Scranton of those buildings, structures, sites, objects or areas to be designated as landmarks or included in an historic district or historic districts. After receipt of the recommendations of the Commission, the governing body of the City of Scranton may, after notice to all affected property owners and the opportunity for all affected property owners to be present at a hearing to designate any building or structure as a landmark or determine the boundaries of any historic district, consider for adoption an Ordinance which shall designate landmarks and shall define, in accordance with the criteria set forth in Subsection B of this section, the boundaries of the historic district or historic districts. All landmarks and individual sites or areas included within an historic district or historic districts shall be placed on the Historic District Map and kept on file in the Office of the City Clerk.
B.
Criteria for designation of a landmark or an historic
district. A building, complex of buildings, structure, site, object
or area may be designated a landmark or an historic district if it:
(1)
Has significant character, interest or value as part
of the development, heritage or cultural characteristics of the City,
commonwealth or nation, or is associated with the life of a person
significant in the past.
(2)
Is associated with an event of importance to the history
of the City, commonwealth or nation.
(3)
Reflects the built environment of an era characterized
by a distinctive architectural style.
(4)
Embodies distinguishing characteristics of an architectural
style, or engineering specimen.
(5)
Is the work of a designer, architect, landscape architect
or engineer whose work has significantly influenced the historical,
architectural, economic, social or cultural development of the City,
commonwealth or nation.
(6)
Contains elements of design, detail, materials or
craftsmanship which represent a significant innovation.
(7)
Is part of or related to a square block or other distinctive
area which should be preserved according to an historic, cultural
or architectural motif.
(8)
Owing to its unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood, community or City.
(9)
Has yielded, or may be likely to yield, information
important in prehistory or history.
(10)
Exemplifies the cultural, political, religious,
ethnic, economic, social or historical heritage of the community.
C.
Review and amendment of the Historic District Map. The Commission shall, upon the written request of a resident of the City of Scranton, or at least once every five (5) years, review the boundaries of the Historic District Map to ensure the appropriateness of an historic district or historic districts included therein, in accordance with the criteria contained in § 18-53B. Any recommendations for amendments to the Historic District Map may be acted upon by the governing body of the City of Scranton in accordance with the procedure contained in § 18-43A.
D.
Recommendations concerning moneys for historic preservation.
(1)
The Commission shall make recommendations to the governing
body of the City of Scranton concerning the creation of economic incentives
and the use of grants, gifts and budgetary appropriations to promote
the preservation of buildings, structures, sites, objects or districts
of historic importance to the City.
(2)
With the prior approval of the governing body of the
City of Scranton, the Commission may prepare grant applications and
submit proposals to appropriate funding agencies, in order to promote
the preservation of buildings, structures, sites, objects or districts
of historic importance to the City.
E.
Recommendations regarding historic preservation action
by the City of Scranton. The Commission may make recommendations to
the governing body of the City of Scranton that the City purchase
any building, structure, site or object of historic significance where
private preservation is not feasible or that the City acquire facade
easements, development rights or any other property interests that
would promote historic preservation.
F.
Promotion of increased public awareness. The Commission
may develop educational programs or publicity aimed at increasing
public awareness of the value of architectural, cultural and historic
preservation.
G.
Incentive plan. The purpose of an incentive plan is
to provide a mechanism to allow a reasonable use without the demolition
of the complete building or structure or its important architectural
elements. The Commission, in cooperation with other City agencies
and departments, and the property owner may prepare a report and recommend
to the governing body of the City of Scranton an incentive plan to
assure reasonable use of the building or structure. The incentive
plan may include, but not be limited to loans or grants from the City
of Scranton or other public or private sources, acquisition by purchase
or eminent domain, building and safety code modifications to reduce
the cost of maintenance, restoration, rehabilitation or renovation,
changes in applicable zoning regulations, including a transfer of
development rights or waiver of the provisions of this Article sufficient
to allow reasonable use of the building or structure.
H.
Governing body consideration of incentive plan.
(1)
Upon receipt of a report from the Commission recommending
an incentive plan to assure reasonable use of a property, the governing
body of the City of Scranton shall give prompt consideration to the
determination of economic hardship and the report of the Commission,
including the recommended incentive plan. The governing body of the
City of Scranton shall approve, or disapprove, the Commission's recommended
incentive plan to allow reasonable use of the building or structure
within ninety (90) days immediately following the Commission's report.
(2)
If approved by the governing body of the City of Scranton,
the City Clerk shall mail a copy of the legislative approval (and
incentive plan) to the property owner within five (5) days following
enactment of the legislation; the City Clerk will also provide copies
to the Commission and other appropriate City agencies and departments.
I.
Issuance of certificate of economic hardship by the
commission.
(1)
Upon receipt of a copy of the governing body's action
authorizing an incentive plan for an applicant's building or structure,
the Commission shall in accordance with the authorizing legislation,
issue a certificate of economic hardship within thirty (30) days.
The certificate of economic hardship may be subject to conditions
including design guidelines for subsequent construction not inconsistent
with the standards set forth by the Secretary of the Interior's guidelines
for the rehabilitation of historic buildings. The certificate, and
any applicable conditions, shall be mailed to the applicant within
five (5) days of its issuance. The certificate of economic hardship
shall be valid for a period of one hundred eighty (180) days from
its date of issue. Certificates of economic hardship shall not be
transferable from the applicant to another subsequent owner of the
same property.
(2)
Upon presentation by the applicant of a valid certificate
of economic hardship, the Building Code Official shall issue a certificate
of appropriateness to the applicant within five (5) days, which will
enable the applicant to apply for a building permit from the City
of Scranton.
No person shall reconstruct, alter, repair,
restore, demolish, raze, sandblast or chemically clean, in whole or
in part, any landmark or erect, construct, reconstruct, alter, repair,
restore, demolish, raze, sandblast or chemically clean, in whole or
in part, except for interior alterations, demolition of partitions
or interior modifications, any building or structure located within
an historic district, without first obtaining a certificate of appropriateness.
A certificate of appropriateness shall be required not only for work
which would require a building permit according to the currently enacted
Building Code[1] of the City of Scranton, but also for all work affecting
general design, arrangement, texture and material, which can be seen
from a public street having a minimum legal right-of-way of thirty-three
(33) feet including utility installations or other public improvements.
This includes, but is not limited to the following:
A.
Issuance of permits.
(1)
The Building Code Official shall be responsible for
the issuance of permits for any work that would affect the general
design, arrangement, texture or material of any landmark or any building
or structure in any historic district, when the results of such work
are capable of being viewed from a public street having a minimum
legal right-of-way of thirty-three (33) feet. Permits shall be required
for such work, even if a permit is not required according to the currently
enacted Building Code of the City of Scranton. This includes, but
is not limited to the following:
(2)
No such permit shall be issued by the Building Code
Official until a Certificate of Appropriateness has been issued.
B.
Conduct of office. Upon receipt of an application
for a permit for work to be done pursuant to this Article on a landmark
or in any historic district, the City of Scranton Building Code Official
shall notify the Historic Preservation Officer and shall act in accordance
with the following requirements:
(1)
The City of Scranton shall forward, within three (3)
working days, to the Commission, a copy of the application containing
the information and documentation required for the scope of the proposed
work.
(2)
The City of Scranton Building Code Official shall
maintain a record of all such applications. The record shall include
details of the handling and disposition of the same and shall be in
addition to, and appropriately cross-referenced to, other building
inspection records.
(3)
The City of Scranton Building Code Official shall
require applicants to submit an original and no more than three (3)
copies of the application and information/documentation required for
the scope of the proposed work to allow compliance with the foregoing.
(4)
Upon receipt of the decision of the governing body
of the City of Scranton on the application, the Building Code Official
shall approve (or disapprove) the permit in accordance with the decision
of the governing body of the City of Scranton, and shall so notify
the applicant.
(5)
The City of Scranton Building Code Official shall
institute any proceeding at law or in equity necessary for the enforcement
of this Article in the same manner as in the enforcement of the Building
Code of the City of Scranton.
C.
Hazardous buildings or structures. In the event that
the application involves a building or structure which presents a
clear and present danger to the public, or if said building or structure
has been rendered unfit for habitation because of fire, explosion
or other similar cause, the terms of this Article may be waived to
the extent that the applicant can proceed to render the subject property
safe under the terms of the Building Code of the City of Scranton.
If the property cannot be made safe and the City Engineer after a
survey certifies that there is a clear and present danger to the public
if the building structure is allowed to stand, then the building or
structure may be demolished. However, any other changes made to the
subject property must be approved, finally, under the terms of this
Article.
A.
Application. Upon receipt by the Commission of an
application for certificate of appropriateness, the Commission shall
schedule a meeting to consider the advice/report which the Commission
will give to the Council of the City of Scranton.
B.
Notice. The applicant shall be given not fewer than
ten (10) days' written notice, by registered mail, return receipt
requested, of the time and place of said meeting and shall be invited
to appear to explain their reasons for the application. The applicant
may waive, in writing, this notification period. If the applicant
is not the owner of the property, then the owner of the property shall
be given not fewer than ten (10) days' written notice by registered
mail, return receipt requested, of the time and place of said meeting
and shall be invited to appear.
C.
Meeting. At the meeting, which may be at the time
and place scheduled for a regularly scheduled Commission meeting,
the Commission shall review the application, hear the applicant, owner
or other interested person(s) and determine whether the criteria for
a certificate of appropriateness have been met.
D.
Decision.
[Amended 11-25-2019 by Ord. No. 76-2019]
(1)
The
Board shall notify the applicant of its decision as soon as possible,
by certified mail, return receipt requested, but no later than 30
days after the submission of the application to the Building Code
Official.
(2)
If
the Board decides to recommend the granting of a certificate of appropriateness,
the Board shall, simultaneously with notifying the applicant, submit
its advice/report, in writing, to the Building Code Official for issuance
of a permit.
(3)
If
the Board, on the basis of the information received at the meeting,
and from its general knowledge and background information, decides
to recommend a denial of the certificate of appropriateness, it shall
indicate to the applicant the changes, if any, in the plans and specifications
which would enable the applicant to meet the requirements of this
article, and shall forward its report to the governing body of the
City of Scranton. The Board shall withhold its report from the governing
body of the City of Scranton for a period of five days following its
notice to the applicant that the Board intends to recommend against
the granting of a certificate of appropriateness. This grace period,
which is intended to allow the applicant time to decide whether or
not to make the suggested changes, may be extended by an additional
15 days upon written request of the applicant. At the expiration of
this grace period, the Board shall forward its advice/report denying
a certificate of appropriateness to the governing body of the City
of Scranton, including any pertinent information regarding suggested
changes to the proposed plan/application in question, and the applicant's
response(s) to said suggested changes.
[Amended 11-25-2019 by Ord. No. 76-2019]
A.
In the event that the Board denies an application, the Board shall submit its advice/report, in writing, to the governing body of the City of Scranton within 30 days of the date of the submission of the application unless the time limitation is waived, in writing, by the applicant. This thirty-day period shall be extended, automatically, by the number of grace period days given pursuant to § 18-46. Should the Board fail to provide its advice/report to the governing body of the City of Scranton within the time limits specified herein, it shall be deemed as a matter of law that the Board has recommended that the City of Scranton issue the subject certificate of appropriateness, and the applicant may notify the Building Code Official accordingly.
B.
Should
the Board decide to deny the application, it shall provide its advice/report
to the governing body of the City of Scranton; it shall be in writing;
and it shall include the following:
(1)
The
exact location of the area in which the work is to be done;
(2)
The
exterior changes to be made, or the exterior character of the structure
to be constructed or erected;
(3)
A list
of the surrounding structures with their general exterior characteristics
and the names of their owners;
(4)
The
effect of the proposed change(s) upon the general historical and architectural
nature of the area;
(5)
The
appropriateness of the exterior architectural features which can be
seen from a public street or way;
(6)
The
general design, arrangement, texture, and material of the building
or structure, and the relation of such factors to similar features
of the buildings or structures in the area;
(7)
The
opinion of the Board (pro and con) as to the appropriateness of the
work proposed as it will preserve or destroy the historical or visual
aspects and nature of the area.
[Amended 11-25-2019 by Ord. No. 76-2019]
A.
Receipt
of Board advice/report. Upon receipt of the written denial of a certificate
of appropriateness and the advice/report of the Board, or, absent
the Board's advice/report, notification to the Building Code Official
of the City of Scranton, the governing body of the City of Scranton
shall consider within 45 working days the question of upholding or
remanding the denial of the application to the Board.
B.
Notice.
The applicant shall be advised by the City Clerk of the City of Scranton,
by certified mail, return receipt requested, of the time and place
of the meeting, at which time the denial will be reviewed by City
Council, and the applicant shall be advised that they have the right
to attend the meeting and be heard as to their reasons for filing
the application. If the applicant is not the owner of the property,
then the owner shall be notified in the same manner.
C.
Criteria and procedures. In determining whether or not to uphold the denial of a certificate of appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition, or razing of all or part of any building or structure, the governing body of the City of Scranton shall consider the same factors as considered by the Board, set forth in § 18-42B of this article, as well as the advice/report of the Commission. Any hearing shall be conducted in accordance with the provisions of 53 P.S. § 10908(2), (3), (4), (5), (6), (8) and (9), except that the time periods shall be those prescribed by this article.
D.
Decision.
(1)
If
the governing body of the City of Scranton concurs with the denial
of a certificate of appropriateness, it shall do so in writing, and
copies shall be given to the applicant, the Board, and to the Pennsylvania
Historical and Museum Commission, where applicable, by certified mail,
return receipt requested. The notice, rejecting the application, shall
indicate what changes, if any, in the application's plans and specifications
would enable the applicant to meet the requirements of this article.
(2)
If
the governing body of the City of Scranton does not concur with the
Board's denial of the certificate of appropriateness, it shall remand
the matter to the Board, with an explanation for its rationale, and
provide a copy its decision to the Board. Thereafter, the Board shall
evaluate the governing body's recommendations and revise its decision
and report accordingly.
A.
Preservation and location of works of art. The Commission
shall also consider the preservation and existing location of works
of art in historic districts and may make recommendations for changes
in location thereof.
B.
Commission review of works of art. No work of art
shall be erected in an historic district or placed upon any street,
park, public building or structure or other property belonging to
the City, until such work of art and its proposed location have been
reviewed by the Commission and a course of action is recommended to
the governing body of the City of Scranton. No work of art, or public
building or structure in an historic district may be removed, relocated,
demolished, razed or altered in any way without the recommendation
of the Commission to the governing body of the City of Scranton.
C.
Public funds. The Commission shall recommend that
works of art be a part of any new construction, begun after the effective
date of this Article, in an historic district which is funded with
public moneys, in whole or in part, and may recommend that one percent
(1%) of the total public funding of said new construction be used
for works of art.
A.
Approval of design of building, structure or site.
No design for a building, bridge, approach, gate, stairs, fence, lamp,
street furniture, other structure or addition which shall be erected
in an historic district or upon any street or property which is owned,
leased or occupied by the City, or any agency thereof shall be implemented
without the recommendation of the Commission to the governing body
of the City of Scranton. The Commission's recommendation shall not
be binding on the governing body.
B.
Alterations, location and demolition. No arch, bridge,
approach, permanent sign or property of any person intended to extend,
or extending, over or upon any City sidewalk or street, City park
or property in an historic district shall be erected, altered or demolished
without the recommendation of the Commission to the governing body
of the City of Scranton. The Commission's recommendation shall not
be binding on the governing body.
C.
Submission and resubmission of design drawings and/or
models. The Commission shall require submission of drawings and/or
models of designs of municipal property located in an historic district
for its approval, including materials and colors intended for exterior
use. After an alteration or change in design is made upon advice from
the Commission, or otherwise, the design drawings and/or models shall
be resubmitted to the Commission. If the Commission recommends approval
of the design to the governing body of the City of Scranton, these
drawings and/or models shall be retained by the City's Building Code
Official until completion of the project.
Should a dispute arise as to the boundaries
of the historic district(s), the Historic District Map shall be the
final authority. Where uncertainty exists as to the boundaries of
an historic district, the following rules shall apply:
A.
Where historic district boundaries are indicated as
approximately following the center line or street line of streets
or center line or alley line of alleys, such boundaries shall be construed
to extend to the center lines of said streets or alleys.
B.
Where historic district boundaries are so indicated
that they are approximately parallel to the street lines, the alley
lines of alleys, or the limits of rights-of-way, such boundaries shall
be construed as being parallel thereto and at such distance therefrom
as indicated on the Historic District Map. If no distance is given,
such dimension shall be determined by the use of the scale as shown
on the Historic District Map.
C.
Where historic district boundaries are indicated as
approximately following lot lines, such lot lines shall be construed
to be said boundaries.
D.
Where historic district boundaries are indicated as
approximately following a body of water, such lines shall be construed
as coincident with the shoreline of said body of water.
E.
Where physical or cultural features existing on the
ground are at variance with those shown on the Historic District Map
or in other circumstances not covered by the above, the Commission
shall interpret the boundaries of the Historic District and refer
the findings of the Commission to the Council of the City of Scranton
for action.
Should any provisions set forth in this Article
be found to conflict with any law of the United States or of the Commonwealth
of Pennsylvania, such federal and/or state law shall govern and this
Article shall be construed accordingly. Such conflict shall not affect
the validity of this Article.
A.
Notice of violations. The Building Code Official shall
serve a notice of violation on the person in violation of this Article,
or of a plan approved thereunder, or in violation of a permit of certificate
of appropriateness issued under the provisions of this Article. Such
notice shall direct the abatement of said violation.
B.
Prosecution of violation. If the violation is not
abated within the time specified in the notice of violation, the Building
Code Official and the City Solicitor shall institute the appropriate
proceeding at law or in equity to restrain, correct or abate such
violation.
C.
Violation penalties. Any persons who shall violate
the provisions of this Article or who shall fail to comply with any
of the requirements thereof or who shall conduct activities in violation
of a permit or a certificate of appropriateness issued under the provisions
of this Article, or who shall, without having applied for and received
an appropriate permit, conduct activities for which a permit is required
under the terms of this Article, shall be guilty of a summary offense
punishable by a fine not exceeding three hundred dollars ($300.) per
day, plus costs, or imprisonment for a period of up to ninety (90)
days if such fine and costs be not paid. Each day that a violation
continues unabated shall be deemed a separate offense.
A.
An applicant for a certificate of appropriateness,
or a property owner of a property designated historic, aggrieved by
an adverse decision of the governing body of the City of Scranton,
or any person(s) who has actively participated in opposition to the
application for a certificate of appropriateness and clearly demonstrates
a particularized harm will be caused by the approval of the application,
may file an appeal with the Court of Common Pleas of Lackawanna County,
Pennsylvania, or any other court having jurisdiction over the matter,
within thirty (30) days after the issuance of the governing body of
the City of Scranton's decision on the application, the historic designation
of a landmark property or an historic district. Failure to file an
appeal within the time frame herein specified shall preclude an appeal
on said decision of the governing body of the City of Scranton.
B.
Upon the filing of an appeal and during its pendency
before the Court, all work under appeal shall be stayed unless the
City Engineer or the Building Code Official certifies to the governing
body of the City of Scranton, in writing, that such stay would cause
imminent peril to life or property, in which case the work shall not
be stayed, other than by a restraining order which may be granted
by any Court having jurisdiction. Any interested party may petition
the Court having jurisdiction to order such appellants to post bond
as a condition of continuing the proceedings before the Court. The
question of whether or not such petition should be granted and the
amount of the Bond shall be within the sole discretion of the Court.
Any person whose duties include the implementation
or enforcement of this Article, while acting within the scope of those
duties for the City of Scranton, shall not thereby render himself/herself
personally liable for any damage that my accrue to persons or property
as a result of any act required or permitted in the discharge of his/her
duties. Any suit instituted against any City officer, employee or
Commission member because of an act performed by him/her in the lawful
discharge of his/her duties shall be defended by the City Solicitor
and/or the City Solicitor's Office. In no case shall any such City
Officer, employee or Commission member be liable for costs in any
action, suit or proceedings that may be instituted in pursuance of
the provisions of this Article when he/she performs his/her duties
in good faith and without malice. For the purpose of this Article,
any person who has been assigned duties pursuant to this Article,
or his/her designee, shall be considered an employee of the City of
Scranton and shall be entitled to the protection of this section.
If any section, clause, portion or provision
of this Article shall be held invalid or unconstitutional by any Court
of competent jurisdiction, such decision shall not affect any other
section, clause, portion or provision of this Article so long as it
remains legally enforceable minus the invalid section, clause, portion
or provision. The City reserves the right to amend this Article, or
any portion thereof, from time to time as it shall deem advisable
in the best interest of the promotion of the purposes and intent of
this Article and the effective administration thereof.
The Commission may recommend amendments to this
Article which shall not take effect until an ordinance amending this
Article is enacted by the governing body of the City of Scranton in
accordance with the Home Rule Charter of the City of Scranton and
state law.[1]
[1]
Editor's Note: See Charter.
In order to cover the costs of advertising,
the expenses of the Commission and a proportional part of the Historic
Preservation Officer's salary used for these reviews, a fee of $150
is imposed for a certificate of appropriateness, which shall be made
payable to the Treasury of the City of Scranton and paid to the Building
Code Official upon application.
When all members of the Commission are appointed they shall prepare a list of landmarks and historic districts within the City of Scranton pursuant to § 18-43 hereof and submit its recommendation to the governing body within 60 days.
This Article shall become effective when the Mayor appoints all members to the Commission pursuant to § 18-41 hereof. For purposes of this section, the Commission shall be fully empaneled when Council accepts the appointments of all members.
