[HISTORY: Adopted by the Board of Supervisors of the Township
of Bethel 12-14-1999 by Ord. No. 142. Amendments noted where applicable.]
A.
It is hereby declared, as a matter of public policy, that the preservation
and protection of buildings and structures of historic, architectural,
cultural, educational and aesthetic merit are public necessities and
are in the interest of the health, prosperity and welfare of all the
citizens of Bethel Township.
B.
The purposes of this chapter are:
(1)
To identify and provide an opportunity to preserve historic buildings
and structures which are important to the education, culture, traditions
and economic values of all citizens of Bethel Township;
(2)
To maintain or improve property values in Bethel Township;
(3)
To retain and enhance historic properties which contribute to the
character of Bethel Township;
(4)
To assure that new construction and subdivision of lots in Bethel
Township are compatible with existing historic buildings and structures;
(5)
To encourage the restoration and rehabilitation of historic buildings
and structures within Bethel Township;
(6)
To enhance the attractiveness of Bethel Township, thereby supporting
and promoting business, commerce, industry and tourism, as well as
providing economic benefit to Bethel Township;
(7)
To foster civic pride in the historical, architectural, cultural
and educational accomplishments of Bethel Township;
(8)
To promote the use of historic buildings and structures for the education,
pleasure and welfare of all citizens of Bethel Township;
(9)
To encourage orderly and efficient development that recognizes the
special value to Bethel Township of its fragile, nonrenewable historic
and cultural resources; and
(10)
To encourage public participation in identifying and preserving
historical, architectural and cultural resources through educational
programs and general awareness campaigns.
For the purposes of this chapter, the following words and phrases
shall have the meaning ascribed to them in this section:
The Bethel Township Board of Supervisors.
The Bethel Township Building Inspector.
The erection of a new building, structure or object upon
a site.
The razing or destruction, whether entirely or in significant
part, of a building or structure. Demolition includes the removal
of a building or structure from its site.
Any structure listed in the Bethel Township Historic Sites Survey prepared by the Delaware County Planning Department dated June 1984, as updated from time to time either by the Delaware County Planning Department or by the Township in accordance with the provisions of § 239-8 herein.
A person, corporation, or other legal entity that has filed
written objections to the issuance of a demolition permit pursuant
to this chapter.
An individual, corporation, business trust, estate, trust,
partnership, limited-liability company, association, joint venture,
government, governmental subdivision, agency, or instrumentality or
any other legal or commercial entity.
Bethel Township, Delaware County, Commonwealth of Pennsylvania.
A.
No person shall undertake demolition on any historic structure within
the Township unless a demolition permit is first obtained from the
Building Inspector.
A.
To obtain a demolition permit, an applicant must submit an application
in writing on a form furnished by the Building Inspector for that
purpose, together with the applicable fee(s). The fee for a demolition
permit shall be based on the Township fee schedule. The minimum charge
for the permit will be $150.
B.
Application requirements:
(1)
Date of filing of application;
(2)
Name of applicant;
(3)
Address of building or structure to be demolished and owner of record
if different from applicant;
(4)
Description of the building or structure to be demolished, including
type of use, type of building construction, size and square footage
and number of stories;
(5)
Site plan showing all buildings, structures and features of the property;
(6)
Reasons for demolition;
(7)
Method of demolition and disposition of materials from demolition;
(8)
Approximate date of commencement and completion of demolition;
(9)
Projected uses of the site following demolition of the building or
structure.
(10)
Will submit three complete copies of application.
C.
The demolition permit application shall be signed by the applicant
and such signature shall constitute a certification by the signer
that the information contained in the application is true and correct.
D.
Within 10 working days of receipt of an application for a demolition
permit, the Township shall publish notice of the application in a
daily or weekly newspaper of substantial circulation in the Township.
The Building Inspector shall also forward a copy of the demolition
permit application by regular mail to the Bethel Township Preservation
Society at its registered address. The notice required shall state
the following:
E.
If within 10 days after publication of the notice no written objection
to the issuance of the permit is filed with the Building Inspector,
then the demolition permit shall be issued to the applicant.
F.
If within 10 days after publication of the notice an objection is
filed with the Building Inspector, then the Building Inspector shall
forward the demolition permit application, together with all attachments,
to the Board for its review. The objection shall be in writing and
shall state the specific reasons for the objection.
G.
Within 45 days after receipt by the Board of an application for a
demolition permit to which application an objection has been filed,
or such later period, not to exceed an additional 60 days, as may
be agreed to by the Board and the applicant, the Board shall hold
a public hearing on the application and objections thereto and make
a decision whether to approve or deny the application for issuance
of the demolition permit. The person applying for the demolition permit
shall be given a minimum of five days' advance written notice
by mail of the time and place of the hearing. If a special hearing,
being a hearing other than a regularly scheduled Board meeting, is
required to meet the time frame for the public hearing required herein
or is otherwise requested by the applicant, the applicant shall be
responsible for payment of the required fee for such special hearing
as provided for in the Township fee schedule. Failure of the Board
to make a determination within the required time period shall be deemed
to constitute an approval of the application.
H.
At any time after filing an objection to the issuance of the permit,
the objecting party may withdraw the objection by giving written notice
of such withdrawal to the Board and the Building Inspector and, upon
receipt of such withdrawal, provided the initial ten-day period after
publication has expired and provided there are no other objections
which remain outstanding, the permit shall be issued and any pending
public hearing on the permit shall be canceled.
I.
At the public hearing held on the application, the Board, the objector,
and the applicant may agree to postpone the public hearing to a later
date, such postponement not to exceed an additional 60 days from the
date of that public hearing.
J.
After the hearing when the Board reviews an application for a demolition
permit, the Board shall consider the following factors, among other
factors deemed appropriate by the Board, before reaching its decision
on the application:
(1)
The purposes of this chapter.
(2)
The historical, architectural or aesthetic significance of the building
or structure.
(3)
The design and compatibility of the proposed work with the character
of its site, including the effect of the proposed work on neighboring
structures.
(4)
Whether the building or structure can be used for any purpose for
which it is or may be reasonably adapted. To that end, the owner must
demonstrate that the sale of the property is impracticable; and that
rental cannot provide a reasonable rate of return. The objector must
also provide his, her, or its recommendations for the continued use
of the building in question.
(5)
Where an application for demolition is based on economic hardship,
the Board may lessen its requirements in order to account for the
economic situation involved.
K.
Every decision of the Board shall be in writing and shall state the
reasons for the decision. The decision shall contain the findings
of fact that constitute the basis for the decision. The Board shall
furnish the applicant and objector with a copy of the Board's
decision, together with a copy of any recommendations the Board may
have for changes necessary before the application will be reconsidered
by the Board.
(1)
The Board may approve the application for a demolition permit subject
to conditions.
(2)
In cases where the Board approves the issuance of a demolition permit,
the Board shall require that the building or structure be recorded,
at the applicant's expense, according to the documentation standards
of the Historic American Buildings Survey and the Historic American
Engineering Record (HABS/HAER), with such written, drafted and photographic
documentation being deposited with the Board and any other historical
preservation agency or group the Board deems necessary. In no case
will the applicant be forced to spend more than an additional $200
on this survey. Any additional expenses will be borne by the objecting
party.
(3)
In the case of a demonstrated economic hardship, the Board may prescribe
a less stringent form of documentation.
(4)
In cases where the Board approves the issuance of a demolition permit,
the permit will be good for a six-month period unless upon written
request the Board agrees to extend the time.
This chapter shall not be construed to prevent the ordinary
maintenance or repair of any building or structure, where such work
does not require a permit by law, and where the purpose and effect
of such work is to correct any deterioration or decay of, or damage
to, a building or structure and to restore the same to its condition
prior to the occurrence of such deterioration, decay or damage.
Any party to the hearing before the Board aggrieved by a decision
of the Board, may, within 30 days after receiving notice of the decision,
seek judicial review of that decision in any court of competent jurisdiction.
The following penalties and remedies shall be applicable to
violations of this chapter:
A.
Penalties.
(1)
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay the maximum amount authorized by the provisions of 53 P.S. § 66601(c.1), plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. All fines collected shall be deposited into the Township general fund. At the discretion of the Board, these funds may be used for historic preservation, to further the achievement of the purposes described in § 239-1B.[1]
The Board may add structures to the Township list, which the
Board finds to be significant to the Township for its ability to meet
one or any combination of the following criteria:
A.
Listed in or determined to be eligible for the National Register
of Historic Places as provided in the National Historic Preservation
Act of 1966, 16 U.S.C. § 470 et seq.
B.
Listed in the Bethel Township Historic Sites Survey prepared by the
Delaware County Planning Department dated June 1984, as updated from
time to time.
C.
Has significant character, interest, or value as an example of the
development, heritage or cultural characteristics of the Township,
the county, the commonwealth, or the United States.
D.
Is the site of a significant historic event.
E.
Exemplifies the cultural, political, economic, social or historical
heritage of the community.
F.
Embodies distinguishing characteristics of an architectural style
or engineering specimen.
G.
Is the work of a designer, architect, landscape architect or engineer
whose individual work has significantly influenced the development
of the Township, the county, the commonwealth or the United States.
H.
Contains elements of design, detail, materials or craftsmanship,
which represent a significant innovation.
I.
Is the singular known example of a design or use of material or style
of architecture within the Township.
J.
Is part of the historic context of a square, park or other distinctive
area which should be preserved according to a plan based on an historic,
cultural or an architectural context.
K.
Is a landmark; that is, an established and familiar visual feature
which assists in defining the character of the neighborhood, community
or Township due to its unique location or singular physical characteristic.
L.
Has yielded or is likely to yield information of importance to the
Township, county's, commonwealth's, or United States' history.
