[HISTORY: Adopted by the Borough Council
of the Borough of New Hope 7-13-2004 by Ord. No. 2004-8. Amendments noted where
applicable.]
[Amended 6-13-2007 by Ord. No. 2007-08]
Pursuant to authority contained in the Act of
June 13, 1961, Public Law 282, No. 167, as amended (hereafter referred
to as the "Act") there has been created an historic district within
New Hope Borough. This chapter is designed to protect the historic
and architectural heritage of that Historic District by establishing
an Historic Architectural Review Board (HARB) to determine and monitor
compliance with historic architectural guidelines. This chapter shall
be known and may be cited as the "New Hope Borough HARB Ordinance."
A.
This New Hope Historic District was created for the
following purposes: Article I, Section 27 of the Pennsylvania Constitution
states: "The people have a right to clean air, pure water, and to
the preservation of the natural, scenic, historic and aesthetic values
of the environment. Pennsylvania's public natural resources are the
common property of all the people, including generations yet to come.
As trustees of these resources, the Commonwealth shall conserve and
maintain them for the benefit of all the people."
B.
Now therefore, it is the purpose and intent of New
Hope Borough:
(1)
To promote, protect, enhance, perpetuate, and preserve
historic districts for the educational, cultural, economic and general
welfare of the public through the preservation, protection and regulation
of buildings, structures, and areas of historic interest or importance
within New Hope Borough;
(2)
To safeguard the heritage of New Hope Borough by preserving
and regulating historic districts which reflect elements of its cultural,
social, economic, political, and architectural history;
(3)
To preserve and enhance the environmental quality
of neighborhoods;
(4)
To strengthen the Borough's economic base by the stimulation
of the tourist industry and to establish and improve property values
and foster economic development;
(5)
To foster civic pride in the beauty and accomplishments
of New Hope Borough's past;
(6)
To preserve and protect the cultural, historical and
architectural assets of New Hope Borough that have been determined
to be of local, state or national, historical and/or architectural
significance.
All former New Hope Borough ordinances and amendments to ordinances with regard to the Historic District as codified in Chapter 1, Part 4 of the New Hope Borough Code are hereby repealed and superseded by this chapter herein.
The provisions of the chapter may be amended
from time to time by the Council of New Hope Borough after notice
and hearing as provided by law.
A.
For the purpose of this chapter, 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. The
word "used" includes "designated, intended, built, or arranged to
be used."
B.
ADJACENT
ALTERATION
BUILDING
BUILDING CODE OFFICIAL or CONSTRUCTION CODE OFFICIAL or CODES
ADMINISTRATOR (hereafter referred to as "CODE OFFICIAL")
BUILDING PERMIT
BUILDING PERMIT APPLICATION
CERTIFICATE OF APPROPRIATENESS (hereafter referred as "COA")
CONCEPT REVIEW
CONTRIBUTING RESOURCE
DEMOLITION
DISASSEMBLE
HARB APPLICATION
HARB GUIDELINES FOR APPLICANTS
HARB PREDETERMINED STANDARDS
HISTORIC ARCHITECTURAL REVIEW BOARD (hereafter referred to as
"HARB")
NEW HOPE BOROUGH COUNCIL (hereafter referred to as "COUNCIL")
PUBLIC RIGHT-OF-WAY
RECONSTRUCTION
RELOCATE
SIGNS
STRUCTURE
As used in this chapter, the following terms shall
have the meanings indicated:
Next to or adjoining. Properties separated by a street or
waterway (defined as limited to the Delaware Canal, Aquetong Creek
and/or Ingham Creek) may not be considered adjacent. For purposes
of this chapter, buildings and structures not in the Historic District
but adjacent to an historic district building or structure shall not
be considered adjacent buildings or structures.
[Added 4-11-2007 by Ord. No. 2007-02]
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this article as a reviewable action, including without limitation
the repair, replacement, reconstruction, demolition, painting or repainting
or relocation of any building, structure or object, or any part of
a building or structure which is visible from a public right-of-way.
[Amended 5-10-2005 by Ord. No. 2005-5]
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use for human
or animal habitation and is permanently affixed to the land, including
manufactured homes.
A municipal employee or company retained by New Hope Borough
as the individual or company who enforces compliance of construction
and/or fire codes and issues permits for the erection, alteration,
reconstruction, repair, restoration, demolition or razing of all or
part of a building or structure within an historic district.
A document signed and issued by the Code Official authorizing
the construction, alteration, reconstruction, repair, restoration,
demolition or razing of all or part of any building or structure.
A request filed with the Code Official that seeks authorization
to erect, alter, reconstruct, repair, restore, demolish, or raze all
or part of a building or structure within an historic district and
that requires a certificate of appropriateness.
The approval document signed by the New Hope Borough Council
that certifies to the historical appropriateness of a particular request
for the erection, alteration, reconstruction, restoration, demolition,
or razing of all or part of any building or structure within an historic
district and authorizes the issuance of a building permit in compliance
with local zoning and construction codes.
A request by an applicant at any time in the planning process
for the Historic Architectural Review Board to provide informal comments
as to the historical appropriateness of a project without issuing
a formal recommendation to the Council regarding the issuance of a
COA.
A building, structure or sign, or any part thereof, in the
New Hope Borough Historic Districts which supports the New Hope Borough
Historic Districts' historical significance through location, design,
setting, materials, workmanship, feeling and/or association.
[Added 11-4-2009 by Ord. No. 2009-06]
The dismantling or tearing down of all or part of any building
or structure and all operations incidental thereto, including neglecting
routine maintenance and repairs which can lead to deterioration and
decay.
The intentional act of moving, dismantling, taking apart
or breaking apart a contributing resource, for the purposes of either
reassembling and/or relocating the contributing resource. The term
"disassemble" is to be distinguished from "demolition."
[Added 11-4-2009 by Ord. No. 2009-06]
A completed application for a certificate of appropriateness
is an application that conforms to the submission criteria for specific
historic preservation projects, as determined by HARB and approved
by Borough Council.
Guidelines that have been adopted by HARB for making recommendations
for approval or denial of a certificate of appropriateness. These
guidelines are incorporated herein and attached hereto as Appendix
B.[1]
Those standards developed by HARB that specify alterations
in an Historic District that may be made without an HARB recommendation
and Borough Council approval. Said standards are attached hereto as
Appendix A and will be provided to all HARB applicants by the Code
Official.
The agency that advises the Council on any requests for authorization
to erect, alter, reconstruct, repair, restore, paint or repaint, or
demolish all or part of any building within an historic district.
The elected governing body of New Hope Borough.
Any right-of-way held by the public for public purposes,
where the term "public" denotes ownership or control by a governmental
entity, either a municipal authority, a municipality, the county or
the commonwealth. A public right-of-way shall include but shall not
be limited to governmentally owned or controlled streets, parking
lots, parks, alleys, sidewalks within the ultimate rights-of-way of
roads, other pedestrian rights-of-way, and the Delaware Canal.
[Amended 5-10-2005 by Ord. No. 2005-5]
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
To move a contributing resource, or any part thereof, to
a new location. See "disassemble."
[Added 11-4-2009 by Ord. No. 2009-06]
Any display, structure, device or object which incorporates
lettering, logos, colors, lights, or illuminated inert gas tubes visible
to the public from a building or structure, which either conveys a
message to the public, or intends to advertise, direct, invite, announce,
or draw attention to goods, products, services, activities, or facilities,
excluding window displays, merchandise and temporary signs.
[Added 5-10-2005 by Ord. No. 2005-5]
Anything constructed or erected, having a permanent or semipermanent
location on another structure or in the ground, including but not
limited to buildings, sheds, manufactured homes, garages, fences,
gazebos, decks, satellite dishes, tents, walls, awnings and swimming
pools.
[1]
Editor's Note: The Design Guidelines are included as an attachment to this chapter.
[Amended 4-11-2007 by Ord. No. 2007-02]
A.
The New Hope Borough Historic Districts have been described in writing and delineated on a map designated as the Historic District Map of New Hope, attached to this chapter as Appendix C.[1] The provisions of this chapter apply to all land, buildings,
structures and signs within the boundaries of the Historic District.
B.
The Historic District Map of New Hope Borough shall
be located in the office of the New Hope Borough Code Official and
made available for public inspection in accordance with applicable
New Hope Borough regulations pertaining to public records.
C.
Interpretation of boundaries.
(1)
The boundaries of the Historic Districts are set forth
upon the map attached hereto and incorporated herein by reference
by the outlined area.
(2)
Boundaries indicated as approximately following the
center lines of streets or alleys shall be construed to follow such
center lines.
(3)
Boundaries indicated as approximately following lot
lines shall be construed as following such lines.
(4)
Boundaries indicated as parallel to or extensions
of features indicated above shall be so construed. Distances not specifically
indicated on the map shall be determined by the scale of the map.
(5)
Where topographical or man-made features existing
on the ground are at variance with those shown on the map or in other
circumstances not covered by the above, the Council shall interpret
the boundaries of the Historic District.
A.
An Historic Architectural Review Board (HARB) is hereby
established to be composed of up to nine members appointed by the
Council. The membership of the HARB shall be as follows:
[Amended 6-13-2007 by Ord. No. 2007-08]
(1)
One member shall be a registered architect;
(2)
One member shall be a licensed real estate broker;
(3)
One member shall be a building inspector;
(4)
One member may be a Planning Commission member; and
(5)
The other member(s) shall be person(s) with demonstrated
interest, knowledge, ability, experience or expertise in restoration,
historic rehabilitation, or neighborhood conservation or revitalization.
An attempt will be made to appoint a majority of the members from
property owners who reside in the district.
B.
The terms of the members shall be so fixed that no
more than three members shall be replaced or reappointed during any
one calendar year. The term of service shall be three years. Mid-term
vacancies on the HARB shall be filled at the pleasure of Council within
90 days; however, a member shall continue in office after expiration
of his or her term until a successor has been appointed. The position
of any member of the HARB appointed in his or her capacity as a registered
architect, a licensed real estate broker, building inspector, Planning
Commission member, etc., who ceases to be so engaged, shall be automatically
considered vacant. An appointment to fill a vacancy shall be for the
unexpired portion of the term only.
C.
It shall be the duty of each HARB member to remain
conscious of and sensitive to any possible conflict of interest (including
but not limited to financial considerations) that may arise by virtue
of his or her membership on the Board. A member, promptly upon his
or her determining he or she has a conflict relative to any matter
brought, shall disqualify himself or herself from participating, in
any manner, publicly or privately, in the presentation, discussion
or deliberation of and the voting on any such matter, including temporarily
absenting himself or herself from the room in which the discussion
is being held.
A.
Advisory role. The HARB shall give counsel and recommendations
to the Council regarding the advisability of issuing any certificate
of appropriateness required to be issued in accordance with the said
Act of June 13, 1961, as amended, and this chapter.
B.
Board rulemaking power. The HARB may make and alter
rules and regulations for its own organization and procedure, provided
that these are consistent with the laws of the Commonwealth and all
provisions of this chapter.
C.
Removal of members. Any Board member may be removed
for misconduct or wrongdoing, unlawful execution of the Act or this
chapter, or for failure to perform his or her responsibilities pursuant
to the Act or this chapter, or for other just cause by a majority
vote of the Council, but not before he or she has been given an opportunity
for a hearing to defend any alleged infractions of the Act or this
chapter.
D.
Annual reports. The members of HARB shall make an
annual report to the Council which shall include:
(1)
Any recommendations for changes in this chapter;
(2)
The number and types of cases reviewed;
(3)
The number of cases for which a certificate of appropriateness
was either approved or denied;
(4)
The number of HARB meetings which each member attended;
(5)
Historic preservation related training which each
member attended;
(6)
A narrative summary describing the state of preservation
in the New Hope Borough Historic District(s) with recommendations
in policy, goals, and objectives for the Council's consideration.
E.
Compensation. The HARB may employ secretarial and
professional assistance and incur other necessary expenses, such as
HARB training, with the approval of Council as provided for in its
annual budget.
F.
Meetings. The HARB shall meet publicly at least once
a month. Further, HARB may hold any additional meetings it considers
necessary to carry out the responsibilities and duties established
in this chapter. Such meetings shall be open to the public and shall
be advertised and conducted in accordance with the requirements of
the Pennsylvania Sunshine Act, as amended. A majority of HARB shall
constitute a quorum, and action taken at any meeting shall require
the affirmative vote of a majority of the Board.
G.
Additional powers and duties of HARB. In addition
to the above, HARB shall have the following responsibilities and duties:
(1)
To conduct a survey of buildings and structures for
the purpose of determining those of historic and/or architectural
significance and pertinent facts about each; to act in coordination
with the Council, Planning Commission, Zoning Hearing Board, and other
appropriate groups; and to maintain and periodically revise the detailed
listings (resource inventories) of historic resources and associated
data, by appropriately classifying such resources with respect to
national, state and local significance in accordance or consistent
with the Pennsylvania Historical and Museum Commission's publication,
"Cultural Resource Management in Pennsylvania: Guidelines for Historic
Resource Surveys."
(2)
To propose, from time to time as deemed appropriate,
the establishment of additional historic districts and revisions to
existing historic districts.
(3)
To formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architectural
sites and buildings, including proposals for the installation and
care of such historic markers.
(4)
To formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about
New Hope Borough historical and/or architectural sites and buildings.
(5)
To cooperate with and advise the Council in matters
involving historically and/or architecturally significant sites and
buildings (such as appropriate land usage, parking facilities and
signs, as well as adherence to lot dimensional regulations and minimum
structural standards).
(6)
To cooperate with and enlist assistance from time
to time from the National Park Service, the National Trust for Historic
Preservation, Preservation Pennsylvania, the Pennsylvania Historical
and Museum Commission and other agencies, public and private, concerned
with the preservation of historic sites and buildings.
(7)
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
(8)
To promote public interest in the purposes of this
chapter by carrying on community education and public relations programs.
In determining the recommendations to be made
to the Council concerning the issuance of a certificate of appropriateness,
HARB shall consider only those matters that are pertinent to the preservation
of the historical and/or architectural aspect and nature of the structure,
building, site, area, or district, certified to have historical significance,
including the following:
A.
Broad historical values representing the cultural,
political, economic, or social history of New Hope Borough.
B.
The relationship of the building or structure to historic
personages or events.
C.
Significant architectural types representative of
a certain historical period and a style or method of construction.
D.
The effect of the proposed change upon the general
historical and architectural nature of the district.
E.
The appropriateness of the exterior architectural
features that can be seen from a public right-of-way.
F.
The general design, arrangement, texture, and material
of a building or structure and the relation of such factors to similar
features of buildings or structures in the district. Consideration
shall be given, but shall not be limited to:
(1)
Proportion of a building's front facade. Preserving
the relationship between the width of the front of the building and
the height of the front of the building.
(2)
Proportion of openings within the building. Preserving
the relationship of width to height of windows and doors.
(3)
Rhythms of solids to voids in the front facade. Preserving
the relationship between a recurrent alteration of strong and weak
architectural elements thereby maintaining a rhythm of solids to voids.
(4)
Rhythm of spacing of buildings on streets. Preserving
the existing rhythm of recurrent or repeated building masses to spaces
between each building.
(5)
Rhythm of entrance and/or porch projections. Preserving
the existing rhythm of entrances or porch projections to maintain
a pedestrian scale.
(6)
Relationship of materials. Preserving the predominant
materials of the district such as brick, stone, stucco, wood siding,
or other material.
(7)
Relationship of textures. Preserving the predominant
textures of the district, which may be smooth such as stucco or rough
such as brick, with tooled joints or horizontal wood siding or other
textures.
(8)
Relationship of architectural details. Preserving
character defining features of buildings, such as architectural details,
including but not limited to cornices, lintels, arches, quoins, balustrades
and iron work, chimneys, etc.
(9)
Relationship of roof shapes. Preserving compatible
roof shapes such as gable, mansard, hip, flat, gambrel, and/or kinds
of roof shapes.
(10)
Walls of continuity. Preserving physical elements
which comprise streetscapes such as brick walls, wrought iron fences,
building facades or combinations of these which form visual continuity
and cohesiveness along the street.
(11)
Directional expression of front elevation. Preserving
the orientation of structural shapes, planes of openings and architectural
detail that reflect a predominantly vertical or horizontal character
to the building's facade.
(12)
Scale. Preserving the scale of the built environment
created by the size of units of construction and architectural detail
that relate to the size of persons. In addition, preserving building
mass its relation to open space.
(13)
Variations. The HARB shall grant variations in a manner
that will be in harmony with the character of other buildings or structures
on the street and/or districts.
G.
The height of any new building or structure shall
not exceed the height of the tallest adjacent building or structure
by 10% measured in the same manner as set forth in the New Hope Borough
Zoning Ordinance. The building or structure shall also be limited
to the overall height limitations of the New Hope Borough Zoning Ordinance.
This requirement shall also apply to any proposed modifications to
existing buildings or structures.
H.
In such rare cases where HARB recommends and the Council
approves demolition of an historic building, efforts shall be made
to move the building to another lot or salvage architectural features
of said building or structure for use within New Hope Borough.
I.
All other New Hope Borough laws and ordinances shall
be complied with, including the zoning and subdivision ordinances
and the construction codes.
J.
Applicants shall also comply with the requirements
of the publication "HARB Guidelines for Applicants," as amended, which
is incorporated herein and attached hereto as Appendix B.[1]
[1]
Editor's Note: The Design Guidelines are included as an attachment to this chapter.
K.
Financial feasibility. The HARB shall consider the
financial feasibility of its recommendations in response to a request
for a certificate of appropriateness for the erection, reconstruction,
alteration, and restoration of a building or structure.
L.
Historical markers may be authorized by HARB subject
to the provisions stipulated, and such markers shall not be considered
as signs but are to be erected in accordance with the requirements
established for historic markers by HARB.
M.
Wireless facilities. In addition to the evaluation
criteria of this chapter permitted by applicable law, in the case
of a request for a COA for any wireless facility as identified in
this subsection within the New Hope Borough Historic District, the
following regulations shall apply:
[Added 4-11-2007 by Ord. No. 2007-02]
(1)
Any request to site "personal wireless services,"
"personal wireless service facilities," or "unlicensed wireless services"
as defined in 47 U.S.C.A. § 332(C), as amended, shall be
subject to all of the following:
(a)
The applicant shall demonstrate its compliance
with Section 106 of the National Historic Preservation Act, as amended;
(b)
The applicant shall demonstrate its compliance
with the Advisory Council on Historic Preservation's regulations under
the National Historic Preservation Act;
(c)
The applicant shall provide the HARB and Council
with a copy of the environmental assessment filed with the Federal
Communications Commission;
(d)
The applicant shall provide the HARB and Council
with the Advisory Council's comments to the Federal Communications
Commission;
(e)
The applicant shall demonstrate that it made
a good faith effort to obtain the concurrence of the Pennsylvania
Historical Museum Commission regarding its efforts to mitigate any
adverse historical effects;
(f)
If an agreement is reached as a result of the
Section 106 review process, all requirements contained therein shall
be considered conditions of approval of the requested certificate
of appropriateness, if granted; and
(g)
The applicant shall hold at least one public
meeting to discuss the proposal with residents of New Hope Borough
and notify in advance, by regular mail, all property owners within
250 feet of the proposed site.
(2)
Any request to install and/or site direct broadcast
satellites, multichannel multipoint distribution (wireless cable)
providers, and television broadcast stations as defined in 47 U.S.C.A.
§ 151, et seq., as amended (collectively "antenna"), is
reviewed only to ensure compliance with 47 CFR 1.4000 and 47 CFR 25.104,
as amended, and that the request is congruent with the Historic District's
listing on the National Register. Such requests shall be subject to
only the following:
(a)
The applicant shall demonstrate that the antenna
will be placed in a position where reception and an acceptable signal
will be possible and is the least visible from the public street or
way;
(b)
The applicant shall consider reasonable landscaping
of any antenna that is, in the opinion of the HARB, obtrusive;
(c)
The applicant shall consider painting or otherwise
concealing the antenna so as not to interfere with reception but so
that it blends into the background against which it is mounted; and
(d)
The applicant shall demonstrate a good faith
attempt to site the antenna without attaching it to any building or
structure. If, in order to obtain an acceptable signal, the antenna
must be attached to a building or structure, the applicant shall demonstrate
that it proposes no adverse affects to the structural, historical
or architectural integrity of any contributing resources or character
defining features of the building or structure.
A.
Upon receipt of a completed application for a building
permit or a certificate of appropriateness for work to be done in
an historic district, the Code Official shall act in accordance with
the procedures set forth below:
(1)
The Code Official and Zoning Officer will evaluate
the application using a set of Predetermined Standards established
by HARB, which are attached hereto as Appendix A, to determine if
the applicant has satisfied the requirements of this chapter. If the
application complies fully with the Predetermined Standards, appropriate
zoning and building permits may be processed and approved without
further action by HARB or the Council. In all such cases, the Code
Official shall attest in writing that the applicant has met the predetermined
criteria. If, in the judgment of the Code Official, the project fails
to comply with HARB's Predetermined Standards, the applicant may make
revisions and resubmit the application to the Code Official or request
a formal review by HARB
(2)
If the application fails to comply fully with HARB's
Predetermined Standards, the Code Official shall not issue a building
permit for any erection, alteration, reconstruction, repair, restoration
or demolition of all or part of the building or structure until such
time as the Council issues a certificate of appropriateness. If the
Code Official issues a building permit in error, such as to an applicant
who has failed to obtain a COA or who has failed to meet the predetermined
HARB standards or who has provided inaccurate or incomplete information,
said building permit shall be suspended or revoked.
(3)
The Code Official shall require applicants to submit
a sufficient number of copies of documents and plans with a completed
application for a building permit or certificate of appropriateness,
so that such information is available to all HARB and Council members.
(4)
The Code Official shall maintain in his office a complete
record of all such applications and all recommendations, decisions,
actions, and permit documents related thereto.
B.
HARB and Council review procedure.
(1)
If the Code Official determines that an application
must be reviewed formally by HARB and Council for consideration of
issuance of a certificate of appropriateness, the owner or applicant
shall be notified to request a meeting with HARB and to provide the
documents and plans required for consideration of the COA request.
The owner of record or his or her representative(s) applying for a
COA shall be advised of the time and place of said HARB meeting and
be invited to appear to explain his or her reasons therefore. The
HARB may invite such other persons as it desires to attend a meeting.
(2)
Design guidelines. In determining the recommendations to be made to Council concerning the issuance of a COA, HARB shall consider the design guidelines set forth in § 10-9 herein and the requirements of the publication "HARB Guidelines for Applicants," as amended, which is attached hereto as Appendix B.[1]
[1]
Editor's Note: The Design Guidelines are included as an attachment to this chapter.
(3)
Time frame for Board decision. The HARB shall render its recommendation on an application for a COA no later than 30 working days after the meeting provided for in Subsection B(1) herein and shall submit recommendations in writing to the Council and the applicant.
(4)
HARB recommendation to deny an application. If HARB
advises against granting a COA, it shall so indicate in writing to
the Council and applicant. The written recommendation to deny shall
inform the applicant of the changes in plans and specifications, if
any, which would meet HARB's conditions for protecting the distinctive
historical character of the historic district and the architectural
integrity of the building or structure. HARB shall withhold its written
recommendation for five days following the date of the HARB meeting
at which the applicant's request was considered to allow the applicant
time to decide whether or not to make the suggested changes in his
or her plans and specifications. If the applicant determines that
he or she will make the necessary changes, then he or she shall so
advise HARB, which shall, in turn, inform the Council by issuing its
written report with a recommendation to Council to approve the issuance
of a certificate of appropriateness.
(5)
Contents of written recommendation. The written recommendation
to Council by HARB on the issuance of a COA shall set out findings
of fact that may include but shall not be limited to:
(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)
The effect of the proposed change upon the general
historic and architectural nature of the district (if applicable);
(d)
The appropriateness of exterior architectural
features of the building which can be seen from a public way;
(e)
The general design, arrangement, texture, and
material of the building and the structure and the relation of such
factors to similar features of building or structures in the district;
(f)
The opinion of HARB (including any dissent)
as to the appropriateness of the work or project proposed as such
work will preserve or destroy the historic character and nature of
the district; and
(g)
The specific recommendations of HARB based on
findings of fact as to the issuance by Council, or Council's refusal
to issue a certificate of appropriateness.
(h)
If the application involves the disassembly and/or relocation of
a contributing resource, the written recommendation shall include
a reassembly and relocation plan for the contributing resource and
all surrounding and affected properties. The plan shall include, at
a minimum, a narrative outlining how the contributing resource will
be protected during all phases of disassembly, reassembly and/or relocation,
architectural drawings prepared by a registered architect, and a report
and/or drawings prepared by a structural engineer, and a site plan.
[Added 11-4-2009 by Ord. No. 2009-06]
(6)
Upon receipt of a written recommendation from HARB
on a request for issuance of a COA, Council shall schedule such application
at its next regularly scheduled meeting and shall consider the question
of issuing a COA authorizing a building permit for work covered by
the application. The applicant shall be advised by the New Hope Borough
Secretary of the time and place of the meeting at which his or her
application shall be considered. The applicant shall have the right
to attend this meeting, present his or her application, and present
his or her reasons in support therefore.
(7)
Design guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition, of all or part of any building or structure within a historic district, the Council shall consider the written recommendations of HARB, the design guidelines set forth in § 10-9 herein, and the requirements of the HARB publication "HARB Guidelines for Applicants," as amended, which is attached hereto as Appendix B.[2]
[2]
Editor's Note: The Design Guidelines are included as an attachment to this chapter.
(8)
Approval by Council; conditions.
[Amended 11-4-2009 by Ord. No. 2009-06]
(a)
If the Council approves the application, whether as submitted or
revised, it shall issue a COA authorizing the Code Official to issue
a building permit for the work covered and approved.
(b)
The issuance of a COA by Council may be conditional. All such conditions
shall be reasonably related to preserving the historic and architectural
integrity of the New Hope Borough Historic Districts, and all contributing
resources affected by the COA approval. The COA and all conditions
shall be covenants running with the land. Where appropriate, the Council
may require a separate instrument, in a form approved by the New Hope
Borough Solicitor, to be recorded in the Office of the Bucks County
Recorder of Deeds to provide notice of such conditions.
(c)
Where a COA approval authorizes the disassembly or relocation of
a contributing resource, Council may require the applicant to enter
into a financial security agreement and post adequate financial security
in a form and in a sufficient amount approved by the New Hope Borough
Solicitor with New Hope Borough to ensure the reassembly and/or relocation
of the contributing resource per the terms of the approved COA, and
to cover the costs of all required activities.
(9)
Disapproval/denial by Council. If Council denies a
request for issuance of a COA, a written decision specifying the reason(s)
therefore shall be given to the Code Official and the applicant. The
denial document shall state what changes in the plans and specifications
would meet the Council's conditions for protecting the distinctive
historical character of the district and the architectural integrity
of the building or structure. Upon receipt of a written denial document
from the Council, the Code Official shall reject the application for
a building permit by so advising the applicant in writing within the
time period and in the manner prescribed by law. The applicant may
appeal the Council's refusal to issue a COA to the Bucks County Court
of Common Pleas within the time specified by law.
(10)
Final notification by Council. The Council shall
notify the applicant in writing of its decision to issue or not issue
a COA within five business days of the meeting at which the application
was heard and a decision rendered.
(11)
Deadlines to complete approved work.
[Amended 4-11-2007 by Ord. No. 2007-02; 11-4-2009 by Ord. No. 2009-06]
(a)
Except as otherwise provided in this Subsection B(11), all proposed work under an approved COA shall be completed within 18 months from the date of issuance by the Code Official.
(b)
Except as otherwise provided in this Subsection B(11), if the approved COA authorizes the disassembly and reassembly or relocation of a contributing resource, all approved disassembly/reassembly and/or relocation work shall be completed in accordance with the time frame established in the approved reassembly and relocation plan; and in default of any such time frame, within 18 months from the date of issuance. Such disassembly/reassembly or relocation work shall be required regardless of whether other proposed work under the approved COA is ultimately completed.
(c)
If the approved COA is also part of a subdivision, land development
or zoning application, the approved COA shall be valid for a period
not to exceed 18 months from the date the latest approval is received.
All proposed and/or required work under these scenarios shall be completed
within 18 months of the final approval and/or issuance, and the COA
approval shall expire at the end of the validity period.
(d)
Under any scenario, no extension of the COA validity period shall
be granted as a new application is required.
A.
When a claim of unreasonable economic hardship is
made due to the effect of this chapter, the applicant or owner of
record must present evidence sufficient to prove that as a result
of HARB's recommendation he or she is unable to obtain a reasonable
return or a reasonable beneficial use from the property, building
or structure. The applicant or owner of record shall submit an affidavit
to HARB providing, at the discretion of HARB, some or all of the information
below, which shall include but not be limited to:
(1)
Date the property was acquired by its current owner;
(2)
Price paid for the property (if acquired by purchase)
and a description of the relationship, if any, between the buyer and
the seller of the property;
(3)
Mortgage history of the property, including current
mortgage and the annual debt service, if any, for the previous two
years;
(4)
Current market value of the property;
(5)
Equity in the property;
(6)
Income and expense statements for the past two years;
(7)
Past capital expenditures during ownership of current
owner;
(8)
Appraisals of the property obtained within the previous
two years;
(9)
Income and property tax factors affecting the property;
(10)
All appraisals obtained within the previous
two years by the owner or applicant in connection with purchase, offerings
for sale, financing or ownership of the property, or a statement that
none were obtained;
(11)
All studies commissioned by the owner as to
profitable renovation, rehabilitation or utilization of any structures
on the property for alternative use, or a statement that none were
obtained;
(12)
Estimate(s) of the cost of the proposed erection,
reconstruction, alteration, restoration, demolition or razing and
an estimate(s) of any additional cost(s) that would be incurred to
comply with the recommendations of HARB for changes necessary for
it to recommend approval of a certificate of appropriateness; and
(13)
Form of ownership or operation of the property,
whether sole proprietorship, for profit or nonprofit corporation,
limited partnership, joint venture or other.
B.
The HARB may require that an applicant furnish additional
information relevant to its consideration of a claim of unreasonable
economic hardship. Should HARB determine that the owner's present
return is not reasonable, it must consider whether there are other
uses currently allowed that would provide a reasonable return and
whether such a return could be obtained through investment in the
property for rehabilitation purposes. HARB may choose to recommend
to Council that special economic incentives be developed to assist
the owner of the resource in maintaining it and in obtaining a suitable
economic return or achieving a reasonable beneficial use.
C.
The HARB may seek the assistance of appropriate local,
regional, state or national preservation organizations in developing
solutions that would relieve the applicant's or owner's economic hardship.
If HARB chooses to explore such options, it may delay its recommendation
to Council on the issuance of a certificate of appropriateness on
the basis of economic hardship for a period of 90 days in addition
to time periods otherwise applicable.
D.
Should the applicant or owner convince HARB that he
or she will suffer an unreasonable economic hardship if a certificate
of appropriateness is not approved, and should HARB be unable to develop
with New Hope Borough or appropriate local, regional, state or national
preservation organizations a solution which can relieve the applicant's
or owner's economic hardship, HARB shall recommend to Council issuance
of a certificate of appropriateness.
(Reserved)
[Amended 4-11-2007 by Ord. No. 2007-02]
A.
Unlawful acts. It shall be unlawful for any person,
natural or otherwise, to erect, reconstruct, alter, restore, demolish
or raze any building, structure or sign, in whole or in part, regulated
by this chapter, or cause same to be done, prior to obtaining a certificate
of appropriateness, or in conflict with or in violation of any approved
certificate of appropriateness or of the provisions of this chapter.
B.
Prosecution of violations. The Code Official shall
have the power to initiate any proceedings at law or in equity necessary
for the enforcement of this chapter.
C.
Notice of violation. The Code Official shall serve
a notice of violation, on a form prescribed by New Hope Borough, on
the person responsible for the violation of this chapter and the owner
if different, which results from commencing any work prior to receipt
of any approved certificate of appropriateness for any work covered
by this chapter; failure to comply with approved work or any conditions
of such approval; and any other violation of this chapter. Such notice
shall direct the discontinuance of the illegal action or condition,
the abatement of the violation, and the time for compliance and/or
appeal.
D.
Penalties. Any person, applicant, owner, occupant,
etc. who violates any provision of this chapter or who shall fail
to comply with any of the requirements of this chapter, or who shall
erect, alter, construct, restore, rehabilitate, demolish or raze any
building, structure or sign, in whole or in part, in violation of
or contrary to the approved certificate of appropriateness shall be
guilty of an offense punishable by a fine of not more than $1,000.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
E.
Appeals.
(1)
Any aggrieved person shall have the right to appeal
a decision of the Council to deny or conditionally approve a certificate
of appropriateness to the Bucks County Court of Common Pleas in the
manner and time provided by law.
(2)
Any aggrieved person shall have the right to appeal
a notice of violation from the Code Official to the Council within
30 days from the issuance thereof. Failure to appeal shall result
in a conclusive determination that a violation exists. An appeal from
such action shall be based on a claim that the true intent of this
chapter has been incorrectly applied and/or any notice of violation
issued hereto has been improperly issued. Any such appeal shall be
filed with the Code Official on a form prescribed by the Borough.
(a)
The Council shall hold a public hearing on the
appeal within 60 days, or longer if mutually agreed by the applicant.
The Code Official and the HARB, if it elects, shall appear and defend
the notice of violation.
(b)
Any person who demonstrates a direct, immediate,
pecuniary and substantial interest in the subject matter may request
to be a party to the appeal. The Council shall decide all requests
for party status.
(c)
The Council shall announce a determination within
15 days of the final hearing, and shall render a written decision
within 45 days of the announcement of the determination.
(d)
Any person who was a party to the appeal and
is aggrieved by the decision of Council shall have the right to appeal
an adverse decision to the Bucks County Court of Common Pleas in the
manner and time provided by law.
