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Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
A. 
It is hereby declared as a matter of public policy that the preservation and protection of historic resources are public necessities and are in the interest of the health, prosperity and welfare of the citizens of West Whiteland Township.
B. 
The purposes of this article are:
(1) 
To promote the general welfare by protecting the integrity of the historic resources of West Whiteland Township.
(2) 
To establish a clear process by which proposed changes affecting historic resources are reviewed by the West Whiteland Historical Commission and the Board of Supervisors.
(3) 
To mitigate the negative affects of proposed changes on historic resources.
(4) 
To encourage the continued use of historic resources and facilitate their appropriate reuse.
(5) 
To tailor protective measures to those clearly delineated historic resources in West Whiteland worthy of preservation.
(6) 
To encourage the preservation of historic settings and landscapes.
(7) 
To discourage the unnecessary demolition of historic resources.
(8) 
To implement the goals of the Pennsylvania Constitution at Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources.
A. 
Compliance. Any change to an historic resource shown on the Historic Resources Map[1] shall occur only in full compliance with the terms of this article and other applicable regulations.
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
B. 
Historic overlay concept. The Historic Resources Map shall be deemed an overlay on any zoning districts now or hereafter enacted to regulate the use of land in West Whiteland.
(1) 
For any property shown on the Historic Resources Map, the requirements and opportunities contained in this chapter shall supersede the otherwise applicable requirements of the underlying zoning district.
(2) 
Should for any reason such as a result of legislative or administrative action or judicial decision, this overlay district be determined not to be applicable, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this article.
C. 
Preservation of other restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.
A. 
Classifications. The Historic Resources Map delineates three classifications of historic resources in West Whiteland Township, which are defined as follows:
(1) 
Class I.
(a) 
Certified historic structures.
(b) 
Contributing resources, i.e., buildings, sites, structures and objects filed as such with the National Register of Historic Places.
(c) 
Buildings, sites, structures, objects and districts which have received a determination of eligibility (DOE) for listing on the National Register of Historic Places.
(2) 
Class II. Buildings, sites, structures, objects and districts not meeting National Register criteria, but determined to be of historical or architectural significance to West Whiteland and appropriately documented to that effect by the West Whiteland Historical Commission.
(3) 
Class III. Buildings, sites, structures, objects and districts included in the Historic Resources Inventory of the West Whiteland Historical Commission and not included in either Class I or Class II, above.
B. 
Revisions. The Historic Resources Map may be revised from time to time by legislative action of the Board of Supervisors.
(1) 
In considering any revision, including additions, deletions or changes of classification to the Historic Resources Map, the Board shall receive a written recommendation from the West Whiteland Historical Commission.
(2) 
The owner(s) of any property(ies) which are the subject of any such proposed administrative action shall be given written notice of the West Whiteland Historical Commission's recommendation to the Board of Supervisors at least 10 days prior to the public hearing.
C. 
Official list. The Commission shall maintain an updated list of resources shown on the Historic Resources Map and their respective classifications.
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
A. 
Establishment and membership. There shall be an Historical Commission which shall consist of 10 members who shall be appointed by the Board of Supervisors. The membership of the Commission shall include individuals who have an interest in history, archeology or historic preservation and should include a registered architect, building inspector and licensed realtor. Each Commission member shall serve for a term of five years which shall be so fixed that no more than two terms shall expire each year. The Commission shall notify the Board of Supervisors of any vacancies in the Commission and the Board shall act within 90 days to fill those vacancies. Appointments to fill vacancies for unexpired terms shall be only for the unexpired portion of the term. Members shall serve without pay, but shall be reimbursed for any personal expenditures in the conduct of Commission business when authorized by the Board of Supervisors.
B. 
Organization. The Commission shall annually elect, from its own membership, a Chairman who will direct the activities of the Commission and such other officers as may be required for the conduct of its business. A quorum shall be not less than a majority of the current membership. The Commission may make, alter and rescind rules and forms for its procedures consistent with the ordinances of the Township and laws and regulations of the Commonwealth. The Commission shall conduct business at regular public meetings. An agenda of each public meeting shall be available for inspection prior to the meeting. The Commission shall keep full public records of its business and shall submit a report of its activities to the Board of Supervisors by March of each year.
C. 
Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, the Commission may employ staff or contract for clerical, consulting, or other technical services.
D. 
Functions and duties. In accordance with the purposes of this article, the Commission shall have the following functions and duties:
(1) 
Maintain a system for the survey and inventory and photographic documentation of historic buildings, sites, structures, objects and districts in West Whiteland Township.
(2) 
Conduct research on and nominate significant resources to the National Register of Historic Places and any other appropriate lists or programs.
(3) 
Advise the Zoning Officer and Board of Supervisors on the issuance of demolition permits for historic resources, as set forth in § 325-85.
(4) 
Review and comment on subdivision or land development applications which affect historic resources, in accordance with the requirements and procedures of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
(5) 
Make recommendations to the Board of Supervisors concerning revisions, updates or corrections to the Historic Resources Map.
(6) 
Maintain an updated list which clearly identifies buildings, sites, structures, objects and districts and their respective classifications on the Historic Resources Map.
(7) 
Advise the Board of Supervisors or Zoning Hearing Board on all requests for conditional uses or variances affecting Historic Resources.
(8) 
Function as a Board of Historical Architectural Review Board (HARB) for historic districts in West Whiteland which may be certified by the Pennsylvania Historical and Museum Commission in accordance with PA Act 167.[1]
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
(9) 
Review applications for the rehabilitation, enlargement or alteration of historic resources for compliance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," as required by §§ 325-86 and 325-87 below.
(10) 
Photographically document ongoing changes to the physical landscape throughout the Township.
(11) 
Perform any other lawful activities which shall be deemed necessary to further the purposes of this article.
A. 
Permit requirements. No historic resources of any class shall be demolished by neglect. "Demolition by neglect" includes leaving a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied structures should be tightly sealed and fenced off to standards set forth in the Township Building Code.[1]
[1]
Editor's Note: See Ch. 129, Construction Codes, Uniform.
B. 
Demolition permit. No Class I, II or III historic resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a permit is obtained from the Zoning Officer of West Whiteland Township in accordance with the procedures and requirements of this section and other applicable standards and procedures of the Township Building and Fire Codes.
C. 
Proposed demolition of historic resources. All applications for demolitions received by the Zoning Officer will be reviewed against the Historic Resources Map. If the application concerns a Class I, II, or III Historic Resource, the Zoning Officer will advise the applicant that he must comply with the following procedures and requirements, as applicable.
D. 
Application requirements for historic resources. In addition to applicable requirements under the Township Building and Fire Codes,[2] any applicant seeking a permit to demolish an historic resource shall provide the following with regard to that historic resource:
(1) 
Owner of record.
(2) 
Classification on Historic Resources Map.
(3) 
Site plan showing all buildings and structures on the property.
(4) 
Recent photographs of the resource proposed for demolition.
(5) 
Reasons for the demolition.
(6) 
Method of demolition.
(7) 
Future uses of the site and of the materials from the demolished resource.
(8) 
In any instance where there is a claim that a Class I historic resource cannot be used for any purpose for which it is or may be reasonably adapted, or where a permit application for demolition is based, in whole or in part, on financial hardship, the applicant shall submit, by affidavit, the information required in Subsection J having to do with a financial analysis. The Commission may further require the applicant to conduct, at the applicant's expense, evaluations or studies, as are reasonably necessary in the opinion of the Commission, to determine whether the historic resource has or may have alternate uses consistent with preservation.
[2]
Editor's Note: See Ch. 129, Construction Codes, Uniform.
E. 
Review by the West Whiteland Historical Commission. The Zoning Officer shall notify the Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee. Within 30 days of the date of application the Commission, or a subcommittee thereof, shall consider the application for demolition.
F. 
Initial recommendation of the West Whiteland Historical Commission.
(1) 
The Commission may recommend immediate approval of the permit and may so advise the Zoning Officer.
(2) 
Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the resource as set forth in Subsection I, preparation of a financial analysis as set forth in Subsection J, or dialogue with the applicant on alternatives to demolition.
(a) 
Class III historic resources. A maximum of 45 days from the date of application.
(b) 
Class II historic resources. A maximum of 60 days from the date of application.
(c) 
Class I historic resources. A maximum of 90 days from the date of application.
(3) 
At the end of the period stipulated in Subsection F(2) above, or sooner by mutual consent, the Commission can recommend approval of the demolition permit. The Zoning Officer then is authorized to issue the permit in accordance with the Building and Fire Codes.[3]
[3]
Editor's Note: See Ch. 129, Construciton Codes, Uniform.
(4) 
No permit shall be issued for the demolition of a Class I historic resource unless the Commission finds that the issuance of the permit is necessary in the public interest, or unless the Commission finds that the historic resource cannot be used for any other purpose for which it is or may be reasonably adapted. In order to show that the historic resource cannot be used for any purpose for which it is or may be reasonably adapted, the applicant must demonstrate that the sale of the property is impracticable, that commercial rental cannot provide a reasonable rate of return and that other potential uses of the property are foreclosed.
G. 
Recommended denial of Class I demolitions. Upon or prior to the expiration of the time period imposed for Class I historic resources, the Commission may recommend denial of the application. In such cases, the Commission shall make a written report to the Board of Supervisors setting forth reasons for its recommendation and the evidence considered.
H. 
Final decision on Class I demolitions. Within 30 days of receipt of the Commission report, the Board of Supervisors will consider the Commission's recommendation for denial of the application for demolition of Class I resource. The owner of the resources proposed for demolition will be given a minimum of 10 days' notice of the meeting. The Supervisors will consider any evidence, reports or testimony from interested parties and will render a decision either to deny or approve the application for demolition within 21 days of the meeting. This period may be extended, and its length established, by mutual consent.
I. 
Documentation. Prior to the issuance of a demolition permit, the Commission may require the applicant to provide documentation of the resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey and any other comparable form of documentation stipulated by the Commission.
J. 
Financial analysis. In its review of an application to demolish a Class I resource, the Commission may require the applicant to prepare a financial analysis which may include any or all of the following:
(1) 
Amount paid for property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(2) 
Assessed value of the land and improvements thereon according to the most recent assessment.
(3) 
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(4) 
All appraisals obtained by the owner in connection with his purchase of financing of the property, or during his ownership of the property.
(5) 
Bona fide offers of the property for sale or rent, price asked and offers received, if any.
(6) 
Any consideration by the owner as to profitable, adaptive uses for the property. Any costs incurred by the Commission, as agreed to by the applicant, to review plans or studies submitted by the Commission's consultant specifically retained for this purpose, shall be reimbursed to the Township by the applicant, in accordance with § 325-43.
K. 
Enforcement.
(1) 
Fines and penalties. Any person who violates the requirements of this section shall be subject to the fines and penalties imposed under this chapter in accordance with § 325-119D, as well as those fines and penalties imposed under the Township Building and Fire Codes.[4]
[4]
Editor's Note: See Ch. 129, Construciton Codes, Uniform.
(2) 
The Board of Supervisors shall withhold issuing any building permits for a minimum of one year for a property which, at the date of enactment of this chapter, was occupied by a Class I historic resource which subsequently was demolished in violation of this section, as described in § 325-119C.
A. 
Additional use opportunities. In addition to the uses permitted by right, or conditional use in the various zoning districts of West Whiteland as stipulated in Articles III through VII of this chapter, buildings associated with Class I, II, or III historic resources in these districts shall be entitled to the additional use opportunities shown below. These use opportunities shall be available in addition to any use currently being made of the property, subject to the standards and procedures contained in applicable sections of this chapter and the additional requirements set forth below.
[Amended 11-24-2015 by Ord. No. 428]
Zoning Districts
Uses
R-1
R-2
R-3
R-4
TC
NC
O/C, O/L & O/R
I-1 & I-2
Dwelling, single-family
BR
BR
BR
CU
Home occupation, Subsection C below
BR
BR
BR
CU
Residential conversions, Subsection E below
CU
CU
CU
CU
CU
CU
CU
Professional or business offices
CU
CU
CU
CU
CU
Cultural studio
CU
CU
CU
CU
BR
BR
CU
Cultural facility
CU
CU
CU
CU
BR
BR
CU
Guesthouse, Subsection F below
BR
BR
BR
BR
BR
BR
BR
BR
Inn
CU
CU
CU
CU
BR
BR
CU
BR
Eating and/or drinking establishment
CU
CU
CU
CU
CU
CU
Neighborhood commercial, Subsection G below
P
P
P
P
CU
CU
Combination of permitted uses
CU
CU
CU
CU
CU
CU
CU
CU
KEY FOR CHART:
BR
By right
CU
Conditional use
Already available in base district
P
Prohibited
B. 
Design standards. The following design standards shall apply, except where specifically noted to the contrary in the subsections below, to any of the additional use opportunities specified in Subsection A above within Class I, II, or III historic resources. Compliance with all other sections of this chapter, including, in particular, "Buffers and screens" (§ 325-33), "Lighting" (§ 325-34), "Storage" (§ 325-35), "Access and traffic control" (§ 325-36), "Interior circulation" (§ 325-37), "Loading and unloading" (§ 325-38), "Off-street parking" (§ 325-39) and "Signs in Town Center" (§ 325-98), shall be required as applicable.
(1) 
In accordance with § 325-25, buildings may not be altered externally for residential conversions. For the remaining additional use opportunities shown in Subsection A, no Class I, II, or III historic resource may be enlarged beyond what is minimally necessary to accommodate the additional use. As a guideline, no Class I, II, or III historic resource should be enlarged by more than 50% of its existing footprint to utilize these opportunities.
(2) 
Unless otherwise specified under each additional use opportunity below, any rehabilitation, alteration, or enlargement of a Class I, II, or III historic resource to utilize the opportunities shown in Subsection A must be in substantial compliance with the standards contained in § 325-90A below.
(3) 
Plans for any rehabilitation, alteration or enlargement deemed necessary by the applicant to utilize any of the opportunities shown in Subsection A shall be submitted to the West Whiteland Historical Commission and Zoning Officer for review. Such plans shall be in sufficient detail to allow the Commission to determine its level of compliance with the standards contained in § 325-90A below.
(4) 
Within the applicable time period stipulated for final Township decisionmaking, the Commission shall review the plans for compliance with the standards contained in § 325-90A below, and shall submit its findings in a written report. The report shall indicate what specific changes in the plans are necessary to bring them into substantial compliance.
(5) 
In any case where the proposed use is permitted only as a conditional use, as provided in Subsection A, the Board of Supervisors or Zoning Hearing Board, respectively, may refuse to approve the request for additional use or uses where it deems the degree of noncompliance with the standards contained in § 325-90A below, to be unacceptable and destructive to the integrity of the Class I, II, or III historic resource.
(6) 
Where the additional use opportunity shown on Subsection A is available only by conditional use, landscaping must be provided in accordance with § 325-89. In residential districts, utilization of an additional use opportunity specified in Subsection A requires compliance with the standards in §§ 325-23B(8), (9) and (10).
(7) 
Off-street parking required by the Board of Supervisors or Zoning Hearing Board may be waived if the use is located on a lot that abuts a public or private residential street of local classification, with a paved cartway width of 28 feet minimum and on-street parking is permitted by the Township.
C. 
Home occupations. In conjunction with the residential use of a property, a home occupation may be located in any Class I, II, or III historic resource on a particular property, but there shall be no more than one home occupation per structure. In addition to the standards for home occupations contained in § 325-23B and the general design standards contained in Subsection B, home occupations placed in Class I, II, or III historic resources must comply with these additional requirements:
(1) 
Any rehabilitation, alteration or enlargement of a Class I, II, or III historic resource other than the principal dwelling to accommodate the home occupation must be in substantial compliance with the standards contained in § 325-90A below.
D. 
Eating and/or drinking establishment. As specified in Subsection A, eating and/or drinking establishments may be located in Class I, II, or III historic resources be conditional use, provided the following are adhered in addition to those contained in Subsection B.
(1) 
In a residential district, Class I, II, or III historic resources must be located on a lot not less than four acres. In all other cases, the base zoning district lot size shall apply.
(2) 
There shall be no paving within 50 feet of the side and rear lot lines.
(3) 
Lighting in accordance with § 325-34 and any additional requirements of the Board of Supervisors.
(4) 
Signs shall be in accordance with § 325-88. In residential districts the requirements of § 325-96A and B shall also apply.
E. 
Residential conversions. The Board of Supervisors, in authorizing a conditional use for the conversion of any Class I, II, or III historic resource into residential use in accordance with the standards contained in § 325-25, may modify the otherwise applicable lot area standard stipulated in § 325-25D. Any such action by the Board of Supervisors shall adhere to the criteria contained in § 325-87 below, the general design standards contained in Subsection B and comply with § 325-90A.
F. 
Guest house. As specified in Subsection A, Class I, II, or III historic resources may be used as guest houses. Utilization of this additional use opportunity shall be contingent upon compliance with the general design standards contained in § 325-86B and these additional requirements:
(1) 
No guest, individual or family may stay longer than 90 consecutive nights at any one time.
(2) 
There shall be no separate kitchen or cooking facilities in any guest room. Meals shall be served to guests only.
(3) 
Any other amenities shall be for the benefit of guests only; no walk-in trade shall be permitted.
(4) 
For each room, a minimum of one off-street parking space, in addition to those required for dwelling units, shall be provided.
G. 
Neighborhood commercial. As specified in Subsection A, neighborhood commercial uses in accordance with § 325-14 may, as a conditional use, be permitted in Class I, II, or III historic resources within the office and industrial zoning districts.
A. 
The subdivision or land development of a lot which contains a Class I, II, or III Historic Resource shall be accomplished in such a manner that the resulting lot that will contain the resource is large enough to preserve the integrity of historic setting of the resource. A goal of the Township shall be to preserve outbuildings, significant site features and immediate yard areas significant to the resources on the lot with the resource.
B. 
The size and configuration of the subdivided lot shall depend upon the class of the Historic Resource and the natural characteristics and the landscaping of the subdivided lot and adjacent lots. Lot boundaries shall, in general, conform to the lines of identifiable natural features including landscaping, topography, geology, lot configuration, etc., on the site. Site development shall be based, in general, upon § 325-90 of this chapter. Review and recommendations regarding the resource, its subdivided lot, and the proposed land developments shall be made by the West Whiteland Historical Commission to the Planning Commission and the Board of Supervisors. The Board may require that a lot size be increased above the minimum lot size for the zoning district in which the resource is located.
A. 
Permits. No permit for a sign to be located on or within 100 feet of the exterior walls of an Historic Resource shall be issued by the Zoning Officer prior to the review of and comment on the application by the West Whiteland Historical Commission, in accordance with the terms of this section.
B. 
Zoning Officer. The Zoning Officer shall provide the Commission with a copy of the application, together with any plans or diagrams required by § 325-120C(5) of this chapter, within five days of receipt of a complete application.
C. 
West Whiteland Historical Commission. The Commission shall within 20 days of receipt of a complete application review the plans and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans will have any detrimental effect on the architectural integrity or public enjoyment of an historic resource. The report shall indicate what specific changes in the plans can be made to mitigate detrimental effect.
D. 
Issuance of permit. Upon receiving a report of no detrimental effect from the Commission and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.
E. 
If the Commission's report indicates that the plans will have a detrimental effect, the Zoning Officer shall not issue the permit until:
(1) 
The plans have been revised by the applicant in accordance with the Commission's recommendations.
(2) 
Thirty days have elapsed from the date of application, and all other requirements of the Township have been satisfied.
F. 
The applicant is encouraged to erect a sign, not to exceed 15 square feet, detailing the historical significance of the historic resource.
A. 
Applicability. In addition to applicable buffering requirements under § 325-33 of this chapter, a landscape plan for the grounds surrounding an historic resource may be required by the Board of Supervisors or Zoning Hearing Board when a tract proposed for subdivision or land development contains an historic resource and when an historic resource is proposed for use by conditional use.
B. 
Landscape plan. The plan must be prepared by a landscape architect or a qualified nursery and show all pertinent information, including the location, size and species of all individual trees and shrubs to be planted or preserved. Through screening, buffering and selection of plant material, the plan should strive to protect the integrity of setting, including any historic plant material, of the Class I historic resource.
C. 
Review by West Whiteland Historical Commission. The landscape plan will be reviewed for appropriateness and effect by the Commission within the applicable time periods established for Township decisionmaking on the application. The Commission shall set forth its comments in a written report.
A. 
Standards for rehabilitation. Any proposed rehabilitation, alteration or enlargement of a Class I, II or III historic resource under §§ 325-86 and 325-87 should be in substantial compliance with the Secretary of the US Department of the Interior's Standards for Rehabilitation, as reproduced below.
(1) 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.
(2) 
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) 
All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) 
Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.
(9) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10) 
Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
B. 
Compliance. Determinations of compliance with these standards shall be made by written report of the West Whiteland Historical Commission, using the Secretary's Guidelines for Rehabilitating Historic Buildings to apply the standards to each project.
A. 
Lot averaging. In developments proposing to use the lot averaging option in accordance with § 325-26, the maximum lot area restriction specified in § 325-26D shall not be applicable to a lot that contains an historic resource, where the Board of Supervisors finds that a lot size larger than the stipulated maximum is necessary to preserve the integrity of setting of the historic resource. All other requirements for lot averaging contained in § 325-26 shall apply.
B. 
Cluster development. In developments proposing to use the cluster development option in accordance with § 325-26, one additional lot may be created in excess of the maximum number of lots otherwise permissible under the terms of this chapter where such lot will contain an historic resource to be preserved as part of the development plan.
A. 
Applicability. When, in the judgment of the Board of Supervisors, a designated historic resource will be adversely impacted by a proposed subdivision or land development, appropriate measures shall be undertaken by the applicant which shall have the effect, in the judgment of the Board of Supervisors, of mitigating such adverse impacts. In general, mitigation measures shall be consistent with § 325-90 of this chapter. Existing conditions, proposed changes and proposed mitigation measures, if necessary, shall be described in an historic resource impact study. An historic resource impact study, or any applicable portions thereof, shall be required, unless waived or modified by the Board of Supervisors when any of the following are proposed.
(1) 
On-site. Subdivision or land development plans which include an on-site Class I, II, or III historic resource identified on the Township Historic Resources Map.[1]
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
(2) 
Off-site. Subdivision or land development of tracts within 300 feet of the exterior walls of an off-site Class I, II, or III historic resource identified on the Township Historic Resources Map.
(3) 
Off-site. Any construction or improvement, including subsurface and grading work, to be undertaken in conjunction with a subdivision or land development within 300 feet of the exterior walls of an off-site Class I, II, or III historic resource identified on the Township Historic Resources Map.
B. 
The Board of Supervisors may require the applicant to submit the historic resource impact study as a subsection of an impact study required in § 325-42 of this chapter or as a separate document.
C. 
The historic resource impact study shall be prepared by a qualified professional in historic preservation, historical architecture, planning or related disciplines and presented by the applicant or his agent for discussion at a meeting of the West Whiteland Historical Commission.
D. 
Contents. The study shall contain the following information, as required by the Board of Supervisors:
(1) 
Background information.
(a) 
If not otherwise provided by the applicant, a general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(b) 
General description and classification of all historic resources as described in Subsection A above.
(c) 
Physical description of all historic resources identified in Subsection B above.
(d) 
Statement of the significance of each historic resource, both relative to the Township and region in general.
(e) 
Sufficient number of black and white eight-by-ten photographs to show every historic resource identified in Subsection B above, in its setting.
(f) 
Narrative description of the historical development of the subject tract or road.
(2) 
Proposed change.
(a) 
General description of project, including time table or phases.
(b) 
Description of impact on each historic resource identified in Subsection D(1)(b) above, with regard to architectural integrity, historic setting and future use.
(c) 
General description of effect of noise and traffic and any other impacts generated by the proposed change on each historic resource.
(3) 
Mitigation measures. Proposals for mitigating the project's impact on historic resources for consideration by the Board of Supervisors, including design alternatives, buffering in accordance with § 325-33, landscaping in accordance with § 325-89, and any other appropriate measures permitted under the terms of this chapter and other Township ordinances.
E. 
West Whiteland Historical Commission. The historic resource impact study will be reviewed by the West Whiteland Historical Commission. The Commission shall set forth its evaluation and recommendations in a written report.
A. 
Certified historic districts. The provisions of this section apply only to historic districts in West Whiteland Township which have been certified by the Pennsylvania Historical and Museum Commission in accordance with the Act of June 13, 1961, P.L. 282, as amended, 53 P.S. § 8001 et seq., "An act authorizing Counties, Cities, Boroughs, Incorporated Towns and Townships to create historic districts within their geographic boundaries, providing for the appointment of Boards of Historical Architectural Review, empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, alteration, demolition or razing of buildings within the historic districts."
(1) 
The boundaries of certified historic districts are shown on the Historic Resources Map.[1]
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
(2) 
The provisions of this section apply to all land, buildings and structures within the boundaries of certified historic districts.
(3) 
No structure or building shall hereafter be used and no structure or building shall hereafter be erected, reconstructed, altered, restored, demolished or razed, in whole or in part, without full compliance with the provisions of this section and other applicable regulations.
B. 
Board of Historical Architectural Review Board. Upon receipt of the certifying resolution of the Pennsylvania Historical and Museum Commission referred to in Subsection A hereof, the Board of Supervisors shall designate the West Whiteland Historical Commission, or a subcommittee thereof, as the Board of Historical Architectural Review Board (HARB).
(1) 
Membership. HARB shall consist of not fewer than five members, of whom one shall be a registered architect, one shall be a licensed real estate broker and one shall be a building inspector. The remaining member or members shall have a knowledge of and interest in the preservation of historic districts.
(2) 
Duties.
(a) 
HARB shall give counsel to the Board of Supervisors regarding the advisability of issuing any certificates which the Board of Supervisors is required to issue pursuant to this chapter and the Act of June 13, 1961, and shall hold such hearings and render such reports as are required by § 325-92 hereof. In determining the counsel to be given to the Board of Supervisors relative to the issuance of a certificate of appropriateness, HARB shall consider only those matters that are pertinent to the preservation of the historic aspect and nature of the buildings and structures located within the certified historic district, including:
[1] 
The effect which the proposed change will have upon the general historic and architectural character and appearance of the district.
[2] 
The appropriateness of exterior architectural features and the general design, arrangement, texture, material and color of the building or structure and the relation of such factors to the traditional architectural character of the district.
(b) 
HARB members are required to disqualify themselves from voting on any project in which their own financial interests or those of their immediate family are directly or indirectly involved.
C. 
Certificate of appropriateness. No person shall commence any work for the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure located in whole or in part within the certified historic district, without first obtaining a certificate of appropriateness with respect thereto from the Board of Supervisors as provided hereinafter.
(1) 
Duties of Zoning Officer. The Zoning Officer of West Whiteland Township, or such other person or agency charged by the Board of Supervisors with the issuance of permits for the erection, demolition or alteration of buildings or structures subject to the provisions of this chapter, shall issue no permit for any such building changes until a certificate of appropriateness with respect thereto has been received from the Board of Supervisors.
(2) 
Application for permit. The application for a building permit for any building or structures subject to the provisions of this chapter shall be filed with the Zoning Officer together with the filing fee required under the schedule of fees then in effect. The application shall include a site plan at a scale of one inch to 40 feet, schematic architectural drawings of the proposed construction or changes at a scale of one foot to 1/4 inch and such other material and such number of copies thereof as may from time to time be required in accordance with the rules and regulations of HARB. Within three days after receiving such application for a building permit, the Zoning Officer shall forward the application, together with all plans and other documentation submitted therewith, to the office of HARB.
(3) 
Standards for determining appropriateness.
(a) 
In determining whether or not any proposed work for the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure within the certified historic district is appropriate to the district, HARB and Board of Supervisors shall be guided by the Secretary of the US Department of the Interior's "Standards for Rehabilitation," as reproduced in § 325-90 above, and "Guidelines for Rehabilitating Historic Buildings" and consider the following criteria, where relevant:
[1] 
Mass (height, bulk, nature of roof line).
[2] 
Proportions (height to width)
[3] 
Nature of yard space.
[4] 
Extent of landscaped areas versus paved areas.
[5] 
The nature of facade openings (doors and windows) their size, locations and proportions.
[6] 
The type of roof (flat, gabled, hip gambrel, mansard, etc.).
[7] 
The nature of projections (porches, etc.).
[8] 
The nature of architectural details and style.
[9] 
The nature of materials.
[10] 
Color.
[11] 
Texture.
[12] 
Ornamentation.
[13] 
Signs.
(b) 
Where the proposed work is to be done on an historic structure within the district, the primary basis for comparison shall be the structure itself (in its then-existing state as compared to its state after the proposed work) and the secondary basis for comparison shall be the effect of the proposed work on the basis as a whole.
[Amended 3-10-2004 by Ord. No. 310]
D. 
Hearing before HARB. Within 30 days from the time a complete application for a building permit is filed with the Township, a hearing shall be held by HARB to consider the recommendations which it will give to the Board of Supervisors. The person applying for the permit shall be given 10 days' notice to the time and place of the said hearing and shall be invited to appear to explain his reasons for such application.
(1) 
Findings after hearings.
(a) 
Within 30 days following the conclusion of the hearing or hearings, HARB shall, by official written communication to the applicant, recommend either:
[1] 
The issuance of a certificate of appropriateness authorized in the application as submitted.
[2] 
The issuance of a certificate of appropriateness subject to specified changes and conditions not included in the application as submitted.
[3] 
The denial of a certificate of appropriateness with respect to the proposed changes as submitted.
(b) 
Failure of HARB to so act within the said period shall be deemed to constitute a recommendation for the issuance of a certificate of appropriateness with respect to the application as submitted. In the event that the recommendation for the issuance of a certificate of appropriateness is subject to conditions, the applicant may, within 10 days after receiving a copy of the official written communication from HARB, give notice of his refusal to accept all of the conditions, in which case HARB shall be deemed to have recommended against the issuance of a certificate of appropriateness. In the event that the applicant does not, within the said period, notify HARB of his refusal to accept all of the said conditions, conditional approval of the application with all conditions shall stand as granted.
(2) 
Report to Board of Supervisors. Upon or before the expiration of the aforesaid forty-day period, HARB shall submit to the Board of Supervisors, in writing, its counsel concerning the issuance of a certificate of appropriateness to authorize a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building, site or area for which an application for a building permit has been made in accordance with Subsection C(2) hereof. The written report shall set out the following matters:
(a) 
The exact location of the area in which the work is to be done.
(b) 
The exterior changes to be made or the exterior character of the structure to be erected.
(c) 
A list of the surrounding structures certified to have historical significance, with their general exterior characteristics.
(d) 
An analysis of the appropriateness of the proposed work, taking into consideration the criteria specified in Subsection C(3) hereof, where each such factor is deemed relevant.
(e) 
The opinion of the HARB, including any dissent, as to the appropriateness of the work proposed in regard to preserving or destroying the historic aspect and nature of the building, site or area.
(f) 
The specific counsel of HARB regarding the issuance of or refusal to issue a certificate of appropriateness.
(g) 
Any changes in plans and specifications recommended by HARB.
E. 
Public meeting of the Board of Supervisors. Upon receipt of the written counsel of HARB, the Board of Supervisors shall consider, at the next regularly scheduled meeting of the Board of Supervisors, the question of issuing a certificate of appropriateness authorizing a permit for the work proposed by the applicant. The applicant shall be given 10 days' notice of the time and place of the meeting at which his application will be considered and shall have the right to attend and be heard regarding his application. All interested persons may appear and be heard at the meeting held by the Board of Supervisors.
(1) 
Decision of Board of Supervisors.
(a) 
Within 15 days following the conclusion of the aforesaid public meeting, the Board of Supervisors shall, by official written communication to the applicant, either:
[1] 
Issue a certificate of appropriateness authorizing a permit for the proposed changes as submitted.
[2] 
Issue a certificate of appropriateness subject to specified changes and conditions not included in the application as submitted, but which would protect the distinctive historic character of the building, site or area which is proposed to be changed.
[3] 
Deny a certificate of appropriateness with respect to the proposed changes as submitted.
(b) 
Failure of the Board of Supervisors to so act within the said period shall be deemed to constitute a decision in favor of the applicant and a certificate of appropriateness shall thereupon be issued. In the event that approval is granted subject to conditions, the applicant may, within 10 days after receiving a copy of the official written communication from the Board of Supervisors, give notice of his refusal to accept all of the conditions, in which case the Board shall be deemed to have denied a certificate of appropriateness. In the event the applicant does not, within the said period, notify the Board of Supervisors of his refusal to accept all of the said conditions, the approval, with all conditions, shall stand as granted.
(2) 
Resolution of Board of Supervisors. The grant or denial of a certificate of appropriateness shall be in the form of a written resolution which shall include findings of fact related to the specific proposal and shall set forth the reasons of the grant, with or without conditions, or for the denial, referring to such of the criteria set forth in Subsection C(3) hereof which were relevant to its decision. A copy of each resolution of denial shall be forwarded to the Pennsylvania Historical and Museum Commission. A copy of each resolution granting or denying the certificate shall accompany the official written communication to the applicant as provided in this section.
F. 
Appeals. Any decision of the Board of Supervisors under this article, granting or denying a certificate of appropriateness or authorizing or refusing to authorize a modification in such certificate of appropriateness, shall be subject to review and appeal in the same manner and within the same time limitation as is provided for zoning appeals by the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
G. 
Enforcement. The Zoning Officer, or such other person or agency charged by the Board of Supervisors with the enforcement of the provisions of this chapter, shall review the progress and status of the proposed changes and render such reports thereon to the Board of Supervisors and to HARB as may be necessary to assure compliance with the provisions of this chapter and the conditions of the certificate of appropriateness.