[Added 6-9-1997 by Ord. No. 2273; amended 12-14-2009 by Ord. No.
2580]
It is the purpose of the article.
A.
To protect those historic resources within Haverford Township that
have a distinctive character recalling the architectural, residential,
commercial, aesthetic and historical heritage of the Township, of
Delaware County and of the Commonwealth of Pennsylvania. The preservation
and protection of historic resources are public necessities and promote
the health, safety and welfare of the citizens of the Township of
Haverford.
B.
To promote the general welfare by protecting the integrity of the
historic resources of Haverford Township.
C.
To establish a clear process by which proposed changes affecting
historic resources are reviewed by the Haverford Township Historical
Commission (the Historical Commission), the Haverford Township Board
of Commissioners (the Board of Commissioners) and the Haverford Township
Zoning Officer (the Zoning Officer).
D.
To mitigate the impact of development or change on historic resources.
E.
To encourage the continued use of historic resources and facilitate
their appropriate reuse.
F.
To discourage the unnecessary demolition of historical resources.
G.
To encourage the preservation of historic settings, landscapes and
other similar features.
H.
To tailor protective measures to preserve historic resources of the
Township of Haverford.
As used in this article, the following terms shall have the
meanings indicated:
An extension or increase in the footprint, floor area, or
height or other dimension of a historic resource on a lot.
The erection or installation of a new building, structure,
or object, modification or improvement.
The absence of routine maintenance and repair that can lead
to a historic resource's structural weakness, decay, and deterioration
resulting in its demolition.
The removal or destruction of all or significant part of
a historic resource, such that the historic or structural integrity
of the historic resource is threatened, reduced or lost. Demolition
includes, but is not limited to, removal or relocation of the historic
resource from its current location, destruction of a facade or exterior
wall surface, removal or replacement or alteration of a significant
element of the historic resource or its setting, or loss of historic
material due to fire, flood, or other disaster. Examples of demolition
include, but are not limited to:
Moving the historic resource to another location.
Removal of any portion of any structural element such as a roof
or exterior wall or of any significant building elements such as cornices,
doors, windows, doorways, porches, or chimneys.
Covering of any portion of any roof or exterior wall or of any
significant exterior building elements.
Removing all or part of a historic resource that has been damaged
by a fire.
Modifying or otherwise altering the character or appearance
of a historical setting or landscape.
The Haverford Township Historical Commission established under § 182-1305.
Any buildings, sites, structures, fixtures, monuments, landscapes or objects qualifying as a historic resource under § 182-1304.
A study prepared by a qualified professional in historic
preservation, historical architecture or related disciplines, providing
the following information:
General site description with topography, watercourses, landscaping
and vegetation, and all improvements;
Description of historic resources located on the subject property
and on all tracts within 100 feet of the subject property;
Photographic depiction of each historic resource sufficient
for the Historical Commission;
Description of the historical development and a statement of
the historic significance of the historic resource; and
Description of the proposed project, including phased sequence,
and the impact of such project on the identified historic resource(s),
including vibration, noise, light, dust and related impacts.
The official map, maintained by the Historical Commission,
which identifies the location of historic resources within Haverford
Township, included and a part of the historic resource Survey.
The official Township listing, maintained by the Historical
Commission, which historic resources are identified by location and
description. The historic resources Survey shall include the 1994
Township Survey, the historic resources Map, and with all amendments,
additions, deletions and updates made from time to time by the Board
of Commissioners upon recommendation by the Historical Commission.
The Delaware County historic resources Survey for Haverford
Township as prepared by the Delaware County Planning Department in
1994 and incorporated in the Comprehensive Plan of Haverford Township,
Delaware County, Pennsylvania.
"International Property Maintenance Code."
A.
Compliance. Any change to a historic resources shall occur only in
full compliance with the terms of this article and other applicable
regulations.
B.
Historic Resources Overlay. The historic resource Survey shall be
deemed an overlay on any zoning districts now or hereafter enacted
to regulate the use of land in Haverford Township. The Township Engineer
shall revise the Official Zoning Map to indicate the properties shown
on the historic resource Survey that are included within the overlay
district following adoption of this amendment.
(1)
For any property shown on the historic resource Survey, the
requirements and opportunities contained in this article shall supersede
requirements of the underlying zoning districts that may be in conflict
with this article.
(2)
Should the historic resources Overlay be determined not to be
applicable as a result of legislative or administrative action or
judicial decision, 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.
Qualifications. The historic resource Survey shall include:
(1)
Those historic resources identified in the 1994 Township Survey;
(2)
Historic resources individually listed on the National Register
of Historic Places;
(3)
Contributing historic resources in a National Register district
i.e., buildings, sites, structures, fixtures, monuments, and objects
filed as such with the National Register of Historic Places;
(4)
Buildings, sites, structures, fixtures, monuments, objects and
districts which have received a determination of eligibility (DOE)
for the National Register of Historic Places from the Pennsylvania
Historical and Museum Commission; and
(5)
Historic resources determined by the Board of Commissioners,
upon recommendation and documentation of the Historical Commission,
to be of historical, cultural, aesthetic or architectural significance
to Haverford Township and included on the historic resource Survey.
B.
Nominations for revisions to historic resource Survey. A potential
historic resource may be nominated for inclusion in the historic resource
Survey, and revisions to the historic resource Survey may be proposed
to the Historical Commission for review, in either case, by any person
or entity that has a legal or equitable interest in the property,
any resident of the Township, any governmental body or commission
or any community or civic association.
C.
Criteria for evaluating nominations.
(1)
In determining its recommendation to the Board of Commissioners
in respect of nominations to the historic resource Survey, the Historical
Commission shall consider one or more of the following published sources
of criteria:
(a)
The "National Register Criteria for Evaluation" adopted from
time to time by the National Register for Historical Places;
(b)
The "National Historic Landmarks Criteria for Evaluation" adopted
from time to time by the National Register for Historical Places;
and
(c)
The "Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings" adopted from time to time by the Secretary of
the Interior.
(2)
The Historical Commission shall provide a written recommendation to the Board of Commissioners, which shall include the source(s) and criteria specified in Subsection C(1)(a), (b) and/or (c) (whichever are applicable) the Historical Commission found to exist in respect to the nominated historic resource.
D.
Revisions. The historic resource Survey may be revised from time
to time by a duly approved ordinance of the Board of Commissioners
in order to effect additions, modifications, deletions or historic
resources, or the creation of or changes to classification(s) of historic
resources.
(1)
In considering any such revision to the historic resource Survey,
the Board of Commissioners shall receive a written recommendation
from the Historical Commission.
(2)
The owner of any property subject to a proposed revision of
the historic resource Survey, the owners of all tracts within 100
feet of the subject historic resource, and any other resident of the
Township, governmental entity and community or civic organization
who has requested such notice shall be given written notice at least
10 days prior to both:
(a)
The time and place at which the Historical Commission will consider
such proposed revision to the historic resource Survey; and
(b)
The time and place of the public hearing at which the Board
of Commissioners will consider the approval of such proposed revision
and the amendment of the historic resource Survey.
A.
Establishment and membership. There shall be an Historical Commission
which shall consist of nine members who shall be appointed by the
Board of Commissioners. The membership of the Historical Commission
shall include individuals who are residents of the Township and have
documented knowledge and/or expertise in history, archeology, architecture,
or historic preservation. Whenever practicable, the Board of Commissioners
shall seek to have at least one licensed architect on the Historical
Commission. At least one member shall be a member of the Planning
Commission. Each Historical Commission member shall serve for a term
of four years which shall be so fixed that no more than three terms
shall expire each year. Initially, two members shall be appointed
for four years, two members shall be appointed for three years, two
members shall be appointed for two years and one member shall be appointed
to a one-year term. The terms of the two members added as a result
of this ordinance[1] shall run concurrent with single member term expiration
such that on December 31, 2014, three terms will expire. The Historical
Commission shall notify the Board of Commissioners of any vacancies
in the Historical Commission, and the Board of Commissioners 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 expenditure in the conduct of Historical Commission business
when authorized by the Board of Commissioners.
[Amended 2-14-2011 by Ord. No. 2624]
[1]
Editor’s Note: "This ordinance" refers to Ord. No. 2624,
adopted 2-14-2011.
B.
Organization. The Historical Commission shall annually elect from
its own membership a Chairperson who will direct the activities of
the Historical 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 Historical 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 Historical Commission shall conduct business at
regular public meetings. The Historical Commission shall keep full
public records of its business and shall submit a report of its activities
to the Board of Commissioners upon request.
C.
Expenditures for services. Within the limits of funds appropriated
by the Board of Commissioners, the Historical Commission may employ
staff or contract for clerical, consulting, or other technical services,
including those provided by a registered architect, licensed realtor,
or building inspector as may be required to perform its duties.
D.
Functions and duties. In accordance with the purposes of this article,
the Historical Commission shall have the following functions and duties:
(1)
Maintain and update the historic resource Survey and inventory
of historic resources, in accordance with the Pennsylvania Historical
and Museum Commission's "Cultural Resource Management in Pennsylvania:
Guidelines for historic resource Surveys";
(2)
Conduct research on and nominate potential historic resources
for inclusion in the historic resource Survey and, as appropriate,
the National Register of Historic Places and any other relevant lists
or programs, as appropriate;
(3)
Advise the Township Zoning Officer and Board of Commissioners on the issuance of demolition permits for historic resources, as set forth in § 182-1306.
(5)
Make recommendations to the Board of Commissioners concerning
revisions, updates, or corrections to the historic resource Survey;
(6)
Advise the Zoning Hearing Board, Board of Commissioners, and
Planning Commission on all applications for subdivisions, land development,
zoning and other approvals affecting historic resources;
(7)
Review and advise the Township Zoning Officer and Board of Commissioners
on permit applications for alterations to, additions to or construction
adjacent to historic resources and subdivision and land development
applications for properties whose boundaries are within 100 feet of
an historic resource, which recommendations may be guided by the "Secretary
of the Interior's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings" and guidance provided by the Pennsylvania Historical
and Museum Commission; and
(8)
Perform any other lawful activities which shall be deemed necessary
to further the purposes of this article.
A.
Demolition by neglect. No historic resources shall be demolished
by neglect. Demolition by neglect includes leaving a historic resource
open or vulnerable to vandalism or decay by the elements. Unoccupied
structures should be tightly sealed and fenced off in as attractive
a manner as practicable, and the utilities should be turned off for
safety.
B.
Permit for demolition. No historic resources shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant architectural features, unless a permit is obtained from the Board of Commissioners in accordance with the procedures and requirements of this § 182-1306 and other applicable standards and procedures of the Township Building and Fire Codes.
C.
Proposed demolition of historic resources. All applications for demolition
will be reviewed by the Township Zoning Officer who will determine
if the application concerns a historic resource. If the application
concerns a historic resource, the applicant will be advised that he
or she 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, any applicant
seeking a permit to demolish a historic resource shall provide the
following with regard to that historic resource:
(1)
The owner of record and address of the property;
(2)
A brief history of the historic resource;
(3)
A site plan showing all buildings and structures on the property;
(4)
Recent exterior four-inch-by-six-inch color photographs of the
historic resource proposed for demolition, removal, or relocation;
(5)
The reason for the demolition;
(6)
The method of demolition;
(7)
A report from a registered professional structural engineer
describing the structural condition of the historic resource proposed
to be demolished, removed, or relocated;
(8)
A report from a code enforcement officer indicating the historic
resource's compliance with the Property Maintenance Code;
(9)
Documentation of all efforts to sell the historic resource in
the preceding three years;
(10)
The proposed disposition of materials;
(11)
The timeline for implementation of proposed use for the historic
resource;
(12)
The date of purchase, purchase price and ownership history of
the historic resource;
(13)
The assessed value of the land and improvements thereon;
(14)
A certified appraisal from a licensed appraiser;
(15)
For depreciable properties, a pro forma financial statement
prepared by a certified public accountant or broker of record;
(16)
The form of ownership or operation of the historic resource,
whether sole proprietorship, for-profit or nonprofit corporation,
limited partnership, joint venture, or other;
(17)
Future uses of the site and of the materials from the demolished
historic resource; and
(18)
A historic resource impact study of the historic resource proposed
for demolition.
E.
Information required to be submitted. The applicant shall provide
credible evidence that:
(1)
The demolition, removal, or relocation of the historic resource
in question will not adversely affect the significance or structural
or aesthetic integrity of a historic resource.
(2)
There is no feasibility to continue the current use of the historic
resource.
(3)
Other uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses,
have been denied or are not feasible due to constraints on the historic
resource proposed to be demolished, removed, or relocated.
(4)
Adaptive reuse opportunities do not exist due to constraints
related to the historic resource proposed to be demolished, removed,
or relocated.
(5)
Permitted uses and adaptive reuse potential of the historic
resource proposed to be demolished, removed, or relocated does not
provide a reasonable rate of return based on a reasonable initial
investment.
(6)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration
or similar physical action.
F.
Application review procedure.
(1)
Upon receipt by the Township of three copies of a completed
application to demolish a historic resource, the Township Manager
or Zoning Officer shall, within three working days of receipt of the
completed application, forward copies thereof, together with all required
supporting documentation submitted by the applicant, to the Board
of Commissioners and to the Historical Commission for their review
and comments.
(2)
The Township Manager or Zoning Officer shall not issue a permit
for demolition of all or part of any historic resource shown in the
Haverford historic resource Map until the Board of Commissioners has
rendered a written decision or made its decision by resolution.
(3)
The Township Manager shall maintain in his or her office a record
of all such applications and final dispositions of the same.
G.
Historical Commission review of applications. Within 30 days of the
Township's determination that the demolition permit application
is complete, the Historical Commission, or a subcommittee thereof,
shall consider the application at a regular or special meeting. The
applicant shall be advised as to the time and place of the meeting
at which his or her application shall be considered by the Historical
Commission, or a subcommittee thereof. The applicant shall have the
right to attend this meeting and be heard as to the reasons for filing
the application.
H.
Criteria for deliberation. In determining recommendations to be presented to the Board of Commissioners concerning the issuance of a permit to demolish all or part of any historic resource, the Historical Commission shall consider the contents of the demolition application and supportive documentation submitted in connection therewith, as well as the sources of guidance identified in § 182-1304C.
I.
Initial recommendation of the Historical Commission.
(1)
The Historical Commission may recommend immediate approval of
the permit and may so advise the Board of Commissioners.
(2)
Alternatively, the Historical Commission may elect to extend
the period of review by an additional 90 days to provide itself with
an adequate opportunity to review the application for demolition and
to receive and review oral arguments and presentations offered by
the applicant.
J.
Recommendation by the Historical Commission. Upon or prior to the
expiration of the time period imposed for the review of demolition
permits for historic resources, the Historical Commission shall recommend
issuance or denial of the demolition permit.
K.
Contents of written report.
(1)
The Historical Commission shall prepare a written report setting
forth the reasons for its recommendations on the issuance or denial
of a permit for demolition, including a report on the evidence considered
and its findings of fact. Factual findings shall include but need
not be limited to the following matters:
(a)
The exact location of the historic resource in which the proposed
demolition is to occur;
(b)
A list of any other historic resources within 300 feet of the
historic resource for which the demolition permit was filed;
(c)
The effect of the proposed demolition upon the general historic,
archaeological, cultural, and architectural character of the Township,
based on factual information;
(d)
Recommendations by the Historical Commission as to the issuance
or denial of the permit for demolition; and
(2)
If the Historical Commission recommends denial of the demolition
permit, the Historical Commission shall also indicate an alternative(s)
to the proposed demolition which would protect:
L.
Notification of applicant. The applicant shall be notified in writing
by the Board of Commissioners of their upcoming deliberation upon
receipt of the written report from the Historical Commission. The
Board of Commissioners shall consider, at a regularly scheduled public
meeting within 30 days of the issuance of the Historical Commission's
written report, the question of the issuance of a permit for demolition.
The applicant shall be advised as to the time and place of the meeting
at which his or her application shall be considered and shall be provided
a copy of the Historical Commission's written report. The applicant
shall have the right to attend this meeting and be heard as to the
reasons for filing the application.
M.
Approval by the Board of Commissioners.
(1)
If the Board of Commissioners approves the permit for demolition
application, it shall authorize the Zoning Officer or other authorized
Township person to issue a permit for the proposed demolition and
shall require the applicant to document and record, at the applicant's
expense, the historic resource, including, without limitation, the
documentation and recordation of the following:
(a)
A detailed description of the historic resource and its context,
including topography, vegetation, landscaping, driveways, structures
and features;
(b)
A detailed site plan of the historic resource;
(c)
Measured floor plans, if applicable, and exterior elevations;
(d)
Measured drawings of individual elements of the historic resource;
(e)
Comprehensive photographic records of the historic resource;
(f)
Chain of title or other information related to the history of
the historic resource; and
(g)
A statement of the significance of the historic resource and
its context to the Township and environs.
(2)
Two copies of such documentation, all of which shall be of quality
and scale of drawing as shall be acceptable to the Historical Commission,
shall be delivered to the Historical Commission for review and approval.
Upon approval by the Historical Commission, one copy shall be forwarded
to the Township Zoning Officer with evidence of such approval to be
added to the property information of file. The second copy shall be
retained in the records of the Historical Commission. All approved
demolition permits must be conspicuously posted within public view
at the site of the demolition throughout the demolition. The Board
of Commissioners may require, as a condition for the issuance of the
demolition permit that the applicant fabricate and erect, at the applicant's
expense, a historical market designed by the Pennsylvania Historical
and Museum Commission.
N.
Disapproval by the Board of Commissioners. If the Board of Commissioners
disapproves the issuance of a permit for demolition, a written decision
shall be given to the applicant, and the Township Zoning Officer within
45 days of the Board of Commissioner's hearing. The decision
shall indicate what changes to the plans and specifications for demolition
of the historic resource would meet the conditions for protecting
the architectural integrity of the historic resource, including any
potential or actual archaeological resources affected by the demolition.
Upon receipt of the written disapproval decision from the Board of
Commissioners, the Township Zoning Officer shall disapprove the application
for a permit for demolition and so advise the applicant. The applicant
may appeal the decision to disapprove the demolition of the historic
resource to the Delaware County Court of Common Pleas within the time
specified by law.
O.
Reimbursement of costs. Any costs incurred by the Historical Commission,
as agreed to in advance and in writing by the applicant, for the Historical
Commission's designated consultant to review the demolition application
and any plans or studies submitted therewith to the Historical Commission,
shall be fully reimbursed by the applicant.
P.
Violations. Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of this article
shall, upon being-found liable therefor in a civil enforcement proceeding
commenced by the municipality, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by the municipality as a result thereof. Each day that a violation
continues shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating the article to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of zoning
ordinances shall be paid over to the municipality whose ordinance
has been violated.
