A.
The purpose of this overlay is to protect historic resources within
Upland Borough. Upland Borough is nationally significant as the location
of the 1683 Caleb Pusey House and Landingford Plantation. In addition,
the Borough has a rich heritage of early Quaker settlement, Crozer
family industrial development, and venerable historic buildings contained
on the campus of the Crozer-Chester Medical Center and throughout
the Borough.
B.
It is hereby declared as a matter of public policy that the preservation
and protection of historic resources in Upland Borough is a public
necessity and is in the interest of the health, prosperity and welfare
of the citizens of Upland Borough.
A.
For the purpose of this overlay, all words used in the present tense
include the future tense. All words in the plural include the singular,
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.
ADMINISTRATIVE APPROVAL
ALTERATION
BUILDING
CLASS I
CLASS II
CLASS III
COMPLETED APPLICATION
DEMOLITION
DEMOLITION BY NEGLECT
ERECTION
HISTORICAL COMMISSION (HC)
HISTORIC RESOURCE IMPACT STUDY
HISTORIC RESOURCE INVENTORY
HISTORIC RESOURCE OVERLAY
RECONSTRUCTION
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT
OF HISTORIC PROPERTIES WITH GUIDELINES FOR PRESERVING, REHABILITATING,
RESTORING AND RECONSTRUCTING HISTORIC BUILDINGS
STRUCTURE
As used in this article, the following terms shall have the meanings
indicated:
The issuance of a building or zoning permit by the Zoning
or Codes Administrator for minor changes to the exterior of buildings
or structures listed in the Historic Sites Survey of 1983, comprised
of replacement in kind or minor repairs that do not substantially
alter the exterior appearances of a building listed in the Historic
Resource Inventory.
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 or relocation
of any structure or object or any part of a structure which is visible
from the public way.
Any enclosed or open structure that 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.
Buildings, structures or districts located in the most recently
adopted Historic Resource Inventory for Upland Borough and listed
in or determined eligible to be listed in the National Register of
Historic Places.
Buildings, structures, or sites located in the most recently
adopted Historic Resource Inventory for Upland Borough that have local
historical, architectural and/or archaeological significance.
Buildings or structures located in the most recently adopted
Historic Resource Inventory for Upland Borough that are 50 years or
older and not included in Class I or Class II.
A completed permit or zoning application is an application
that conforms to the submittal criteria for specific projects listed
or eligible to the Historic Resource Inventory as determined by the
Historical Commission.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs that can lead to deterioration and decay.
The absence of routine maintenance and repair that can lead
to a building's or structure's structural weakness, decay
and deterioration, resulting in its demolition.
The result of construction, such as a building, structure,
monument, sign, or object on the ground or on a structure or building.
The body that advises the Upland Borough Council, Planning
Commission, or Zoning Hearing Board on any requests for authorization
to erect, alter, reconstruct, repair, restore, or demolish all or
part of any building listed in the Historic Resource Inventory.
A study which contains a general site description of the
project and its impact on historic resources, with regard to architectural
integrity, historic setting, and proposed use, including whether the
proposed project is in compliance with the Secretary of the Interior's
Standards for the Treatment of Historic Properties with Guidelines
for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings. The study shall include topographical information, watercourses,
vegetation, landscaping, and buildings and structures; a description
of and classification of all historic and prehistoric resources located
on the subject tract, or tracts immediately adjacent to the subject
tract or road, or within 100 feet of the subject tract or road; and
a physical and architectural description, including historical background
of said resources and a sufficient number of black-and-white, color
or digital four-by-six-inch photographs of all historic resources.
The most recently adopted version of the Upland Borough Historic
Sites Survey.
An official list comprised of Class I, Class II, or Class
III historic resources regulated by this article.
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.
Standards and guidelines promulgated by the National Park
Service.
Anything constructed or erected, having a permanent or semipermanent
location on another structure or in the ground, including, without
limitation, buildings, sheds, manufactured homes, garages, fences,
gazebos, freestanding signs, billboards, antennas, satellite sending
or receiving dishes, vending machines, decks, and swimming pools.
Historic resources within Upland Borough are classified as Class I, Class II or Class III, as defined in § 185-601. All Class I, Class II and Class III historic resources shall be included on the Upland Borough Inventory of Historic Resources.
A.
Any building, outbuilding, site, structure, roadway, object, district
or a complex of the same (resource) may be proposed for addition to
or removal from the Inventory of Historic Resources or for a change
in classification (Class I, Class II, or Class III) by:
(1)
The owner of such resource.
(2)
The Upland Borough Historical Commission (Historical Commission).
(3)
The Borough Council.
(4)
Notice from the designating organization (Pennsylvania Historical
and Museum Commission or National Register) that the historic resource
qualifies as a Class I historic resource or no longer meets the criteria
upon which its classification was originally based.
B.
All proposals for addition to or removal from the Inventory of Historic
Resources or for a change in classification (Class I, Class II or
Class III) shall be referred to the Historical Commission. The Historical
Commission shall hold a public meeting following written notice sent
to the owner(s) of the resource affected. The Historical Commission
shall consider oral testimony and/or documentary evidence regarding
the proposal at the public meeting, which may be continued from time
to time. The Historical Commission shall present a written report
to the Borough Council within 30 days following the close of testimony
at the public meetings on the proposal, which report shall state the
Commission's recommendations regarding the subject proposal,
together with the grounds therefor.
C.
After receiving the recommendations of the Historical Commission,
the Borough Council may from time to time, by resolution, add or delete
resources to or from the Inventory of Historic Resources or change
the classification of an historic resource. The owner of the affected
historic resource shall be given at least 10 days' prior written
notice of the meeting of the Borough Council where the Council will
consider such action.
There shall be a Historical Commission as set down in Chapter 15, Historical Commission, of the Codified Ordinances of the Borough of Upland, adopted on October 13, 2009, by Ordinance No. 5-2009.
A.
Compliance.
(1)
Any demolition, alteration or modification of a Class I, Class
II or Class III historic resource which is listed on the Inventory
of Historic Resources shall occur only in full compliance with the
terms of this article and other applicable regulations.
B.
Permit requirements.
(1)
No Class I historic resources shall be demolished, altered or modified, in whole or substantial part, including the indiscriminate removal or stripping of any significant exterior architectural features, unless the proposed demolition, alteration or modification has been approved by the Upland Borough Council and a demolition permit is obtained from the Building Code Official in accordance with the requirements of § 185-605H and other applicable standards and procedures of the Borough Building and Fire Codes.
(2)
No Class II or Class III historic resource shall be demolished
unless the proposed demolition has been approved by the Upland Borough
Council and a demolition permit is obtained from the Building Code
Official.
(3)
No Class II or Class III historic resources shall be altered
or modified in whole or substantial part, including the indiscriminate
removal or stripping of any significant exterior architectural features,
until a review and advisory recommendation from the Upland Borough
Historical Commission has been issued and a zoning and/or building
permit received from the Building Code Official, when required.
C.
Application for building or demolition permit.
(1)
In addition to applicable requirements under the Borough Building
and Fire Codes, an applicant seeking a permit to demolish, modify
or alter a Class I, Class II or Class III historic resource shall
submit an application for a demolition and/or building permit on forms
supplied by the Borough. The application shall include the following
information with regard to the historic resource which is proposed
to be demolished:
(a)
Owner of record.
(b)
Location upon the Historic Sites Survey Map and documentation
regarding whether the historic resource is a Class I, Class II or
Class III historic resource.
(c)
Site plan showing all buildings and structures on the property
where the historic resource is located.
(d)
Recent photographs of the resource proposed for demolition,
alteration or modification.
(e)
Reasons for the demolition, alteration or modification.
(f)
Method of demolition, alteration or modification.
(g)
Future uses of the site and the materials recovered from the
demolished resource.
(h)
Names and addresses of all property owners within a one-hundred-foot
radius of the property on which the historic resource is located.
D.
Proposed demolition, alteration or modification of historic resources.
(1)
The Building Code Official will review all applications for
demolition or building permits and confirm that the application concerns
a Class I, Class II or Class III historic resource. If the application
proposes to demolish, alter or modify a Class I, Class II or Class
III historic resource, the Building Code Official will advise the
applicant that he must comply with the procedures and requirements
set forth in this article.
E.
Notice requirements.
(1)
Prior to the Historical Commission's meeting at which the
applicant's application for demolition of a Class I, II and/or
III resource will be considered, the applicant shall forward a notice
to all property owners within a one-hundred-foot radius of the property
line by certified mail, return receipt requested. This notice shall
include the tax parcel number on which the historic resource is located,
the name of the resource if one exists, and the scheduled meeting
date and time when the Historical Commission will review and accept
public comment on the application.
F.
Review by the Upland Borough Historical Commission.
(1)
The Building Code Official shall notify the Historical Commission
of the application for a demolition or building permit for a Class
I, II or II historic resource within five days of acceptance of a
properly completed application, including the necessary filing fee.
Within 30 days of the date of receipt of the application, at its regular
or a special meeting, the Historical Commission shall consider the
application for demolition, alteration or modification. The applicant
shall be notified of the meeting and encouraged to present written
and photographic evidence or testimony pertaining to the demolition,
alteration or modification. In reviewing the application for a demolition
and/or building permit, the applicant may present evidence with regard
to, and the Historical Commission shall consider, the following criteria:
(a)
The effect of demolition, alteration or modification on the
historical significance and architectural integrity of neighboring
historic resources.
(b)
The feasibility of adaptively reusing the resource proposed
for demolition, alteration or modification.
(c)
All practical alternatives to demolition, modification or alteration
of the resource, including relocation of the structure or sale thereof
or of the property on which the same is located.
(d)
Any expert testimony, such as a certified engineering report
regarding the structural stability of the resource, documenting threats
to public safety.
(e)
The archaeological potential of the site.
(f)
Cogent public comment regarding the resource or surrounding
historic resources which may be impacted by the proposed demolition,
alteration or modification, including, without limitation, information
in response to that submitted by the applicant.
(g)
Economic feasibility of adaptive reuse of the resource for demolition,
alteration or modification.
(h)
Whether the resource in its current condition presents an imminent
threat to public safety.
(i)
Whether the resource has been demolished by neglect or the owner
thereof has otherwise created or contributed to the state of the resource
and/or any financial hardship associated with the preservation, rehabilitation
or retention thereof.
(j)
Whether the required retention of the resource would represent
an unreasonable economic hardship and/or whether the historic resource
can be so preserved, rehabilitated and/or retained, as applicable,
so as to allow a reasonable rate of return from the operation of the
resource and/or the property on which the same is located.
G.
Recommendation by the Historical Commission.
(1)
The Commission will make a recommendation to the Borough Council
regarding the disposition of an application for the proposed demolition
of a Class I, II or III historic resource and the alteration or modification
of a Class I, II or III resource.
(2)
Time periods for discussion.
(a)
The Commission may elect to use the following time periods to provide adequate opportunity for documentation of the historic resource as set forth in Subsection H(3) below, preparation of a financial analysis as described in Subsection H(4) below, or dialogue with the applicant on alternatives to demolition, alteration or modification:
[1]
Class I historic resources: a maximum of 90 days from the date
the Borough receives a complete application for a demolition and/or
building permit.
[2]
Class II historic resources: a maximum of 60 days from the date
the Borough receives a complete application for a demolition and/or
building permit.
[3]
Class III historic resources: a maximum of 60 days from the
date the Borough receives a complete application for a demolition
and/or building permit.
(b)
Upon or prior to the expiration of the time periods provided above, the Historical Commission shall recommend to the Borough Council either approval or denial of a demolition permit application for a Class I, II or III historic resource or a building permit for the alteration or modification of a Class I, II or III historic resource. In the case of the former, the Historical Commission shall communicate its recommendation(s) to the Borough Council in a written report which specifically addresses the items set forth in § 185-605F above to the Borough Council, either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending denial of the application.
H.
Borough Council meeting.
(1)
Consideration.
(a)
Within 30 days after receiving the recommendation from the Historical Commission regarding an application for the demolition of Class I, II or III historic resources and alteration or modification of Class I, the Borough Council shall consider the application for demolition, alteration or modification at a public meeting and shall consider the criteria set forth in Subsection F of this section and shall vote either to approve the application, approve the application with conditions, or deny the application. The applicant shall be notified of the meeting at least 10 days prior to its date, at which time the applicant shall have the right to present evidence in support of the application.
(b)
The Borough Council will consider any evidence, reports or testimony from interested parties and will render a final decision either to deny or approve the demolition within 30 days of the public meeting where the application for demolition is considered. This period may be extended by consent of the applicant. The Borough Council may, at its election, deny the application or approve the same with conditions if the Borough Council shall determine that the applicant shall have failed to present substantial evidence with regard to the criteria set forth in Subsection F of this section or that, based on such criteria, demolition of the resource will be contrary to the purposes of this article.
(2)
Issuance or denial of demolition. Where the Borough Council
acts to either approve or deny the demolition permit application,
it shall authorize the Building Code Official to either issue the
permit or give written notice of denial, as applicable. Where the
approval is authorized to be granted with conditions attached, the
Building Code Official shall be authorized to issue the permit upon
his receipt from the applicant of his written acceptance of those
conditions; otherwise, the permit shall be denied.
(3)
Documentation. Prior to the issuance of a demolition and/or
building permit, the Historical Commission or the Borough Council
may require the applicant to provide documentation of the Class I
resource proposed for demolition, alteration and/or modification.
Such documentation may include photographs, floor plans, measured
drawings, archaeological surveys, and other comparable forms of documentation.
(4)
Financial analysis. In its review of an application to demolish a Class I historic resource and so as to allow the Historical Commission to analyze the application's compliance with the criteria set forth in Subsection F of this section, the Historical Commission or the Borough Council may, at the Historical Commission's and/or the Borough Council's election, require the applicant to prepare a financial analysis which shall include an analysis of the cost to renovate, rehabilitate, restore or adaptively reuse the historic resource and the profitability of adaptive reuses of the historic resource.
Any person who violates the terms of this article shall be subject to the enforcement procedures, fines and penalties provided for in Article XXIII as well as applicable enforcement procedures, fines and penalties provided for in Chapter 60 of the Upland Borough Code governing building construction. In addition:
A.
In the event that any person demolishes, alters or modifies an historic
resource in violation of the provisions of this article or in violation
of any conditions or requirements specified in a permit issued under
the terms of this article or suffers or permits the same, the Borough
Council may institute any proceeding, at law or in equity, necessary
to enforce the provisions of this article, including, but not limited
to, an action to compel the reconstruction and/or restoration of the
historic resource to its condition and appearance as existed immediately
prior to the violation. Such restoration shall be in addition to,
and not in lieu of, any penalty or remedy available under this article
or any other applicable law.
B.
In the event that the Borough Council authorizes the commencement of an action pursuant to § 185-607A(1), the Zoning Officer or Building Code Official shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource demolished, altered or modified in violation of this article or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
C.
In addition to, and not in lieu of, the foregoing, the Building Code
Official, as applicable, shall issue a stop-work order with regard
to any demolition, alteration and/or modification of an historic resource
for which a permit has not been obtained pursuant to this article.
A.
Landscaping and screening.
(1)
A landscape plan shall be required for subdivision or land development
applications, special exception or variance applications which involve:
a tract of land which is itself designated as a Class I, Class II
or Class III historic resource; a tract of land which contains a Class
I, Class II or Class III historic resource; or a tract of land whose
property lines are within 100 feet of a Class I historic resource.
The plan shall be submitted to the Historical Commission for review
and comment based on the general purposes and objectives of this article
prior to the respective hearing or meeting before the Borough Council
or Zoning Hearing Board. The landscape plan shall be prepared in accordance
with the following standards:
(a)
There shall be a minimum building setback of 100 feet from any
Class I historic resource for any new buildings or structures. This
minimum setback requirement may be reduced at the discretion of the
Borough Council if it can be demonstrated to the satisfaction of the
Borough Council that the historic resource can be adequately protected
through existing or proposed landscaping, topography, architectural
controls, or other features.
(b)
The applicant shall demonstrate preservation of sufficient landscaped
or buffer area surrounding Class I, Class II or Class III historic
resources to retain the integrity of the historical landscape setting.
The applicant shall also demonstrate mitigation of any impacts to
the historical landscape setting through plans showing the introduction
of vegetation or other screening in harmony with such landscape setting
and through retention of view lines which visually link historic structures
to their landscape setting.
(c)
The landscape plan shall be prepared by a registered landscape
architect and shall strive to minimize the impact of the proposed
development on the historic resource through screening, buffering,
building locations and orientations, and plant material selection.
The plan shall strive to save mature trees within the development
and utilize native species. The landscape plan shall show all pertinent
information, including the location, sizes, and species of all individual
trees and shrubs to be removed, planted, or preserved.
(d)
Provisions of this section shall not be construed to conflict
with or override any of the provisions of the County Subdivision and
Land Development Ordinance.
B.
Historic resource impact study.
(1)
Applicability.
(a)
An historic resource impact study (HRIS) shall be submitted
to the Borough, unless waived or modified by the Borough Council:
[1]
As part of a preliminary plan submission for any subdivision
or land development application which proposes new construction of
buildings, structures, roads, driveways, parking areas, or other land
disturbance within 100 feet of the property line of a property upon
which is situated a Class I historic resource.
[2]
As part of a preliminary plan submission for any subdivision
or land development application which proposes adaptive reuse or demolition,
alteration or modification of a Class I, Class II or Class III historic
resource.
(2)
Contents.
(a)
The HRIS shall be prepared by a qualified professional in historic
preservation, historical architecture, planning, or related disciplines
and shall contain the following information, unless waived or modified
by the Borough Council:
[1]
Background information:
[a]
If not otherwise provided by the applicant, a general
description of the site subject to the application, including topography,
watercourses, vegetation, landscaping, existing drives, etc.
[b]
General description and classification of all historic
resources located within 250 feet of any proposed land development
or land disturbance.
[c]
Physical description of all historic resources.
[d]
Narrative description of the historical significance
of each historic resource, relative to both the Borough and to the
region in general.
[e]
Sufficient number of black-and-white, color or
digital four-by-six-inch photographs to show each historic resource
in its setting.
[2]
Assessment of potential impacts to historic resources:
[a]
Description of potential impact(s) to each historic
resource with regard to architectural integrity, historic setting,
and future use.
[3]
Mitigation measures:
[a]
Suggested approaches to mitigate potentially negative
impacts to historic resources, including design alternatives, buffering,
landscaping, conservation of existing vegetation, and any other appropriate
measures permitted under the terms of this chapter and other Borough
ordinances.
(3)
The HRIS will be reviewed by the Historical Commission.
(a)
Prior to the issuance of preliminary plan approval for a subdivision
or land development, the Historical Commission shall set forth its
evaluation and recommendations concerning the impact of the proposed
development or subdivision upon the historic resource in a written
report to the Borough Council. The Borough Council shall consider
such report in its decision approving or denying the land development
or subdivision.
Any additions, alterations, renovations, rehabilitation, preservation,
reconstruction, restoration, stabilization or improvements to a Class
I, Class II or Class III historic resource shall be in substantial
compliance with the Secretary of the United States Department of the
Interior's Standards for Rehabilitation.
A.
Every reasonable effort should 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.
B.
The distinguishing original qualities or character of a building,
structure, or site and its environment should not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
C.
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 should be discouraged.
D.
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 historic significance
in their own right, and this significance should be recognized and
respected.
E.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site should be treated
with sensitivity.
F.
Deteriorated architectural features should be repaired rather than
replaced, whenever 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 and structures.
G.
The surface cleaning of structures should be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
will damage the historic building materials should not be undertaken.
H.
Every reasonable effort should be made to protect and preserve archaeological
resources affected by or adjacent to any project.
I.
Contemporary design for alterations and additions to existing properties
should 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.
J.
New additions or alterations to structures should be done in such
a manner that if such alterations and additions were to be removed
in the future, the essential form and integrity of the structure would
be unimpaired.
