A.
Pursuant to authority contained in the Act of 1968, Public Law 805,
No. 247, as enacted and amended, known as the Pennsylvania Municipalities
Planning Code (Sections 603, 604 and 605), Upper Moreland Township
shall amend its Zoning Ordinance in order to promote, protect and
facilitate the preservation of areas of historic significance and
to preserve the historic values in the environment. Upper Moreland
Township shall create a Historic Preservation Overlay Zone for the
regulation, restriction or prohibition of uses, buildings or structures
at, along or near places having unique historical, architectural or
patriotic interest or value.
B.
Pursuant to Article I, Section 27, of the Pennsylvania Constitution which states that:
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"The people have a right to clean air, pure water, and the preservation
of the natural, scenic, historic and aesthetic values of the environment."
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C.
It is the purpose and intent of Upper Moreland Township to preserve
and protect buildings, structures, sites, objects and districts of
historic value that exist within the Township. Upper Moreland Township
has many historic resources worthy of preservation from the colonial
period, Victorian era, and early suburban development. Preservation
of these historic resources is in the best interest of the health,
prosperity and welfare of the people of Upper Moreland Township by
enhancing property values, improving aesthetics of the built and natural
environment, and creating the potential for heritage tourism.
For purposes of the Historic Preservation Overlay Zone, the
following definitions shall apply:
The act of putting an addition onto, repairing, renovating
or replacing materials on the exterior of an historic resource.
Any construction having a minimum of three enclosed walls
and a roof. Examples include, but are not limited to, house, garage,
barn, shed, school, train station, or privy.
An historic resource that is designated a national historic
landmark, listed on the National Register of Historic Places, or a
contributing resource to a National Register Historic District.
An historic resource that is not a Class I historic resource,
but is considered eligible for the National Register of Historic Places,
or a contributing resource to an eligible National Register Historic
District. National Register eligibility being determined by inclusion
on the Pennsylvania Historical and Museum Commission List of National
Register Eligible Resources.
An historic resource that is not a Class I or Class II historic
resource but has been accepted for listing on the Upper Moreland Township
Historic Resources Inventory by the Upper Moreland Township Historical
Commission.
An historic resource in a district that adds to the historic
significance of the district.
The complete dismantling, removal or destruction of an historic
resource.
The deliberate disregard of routine maintenance causing weakness,
decay and deterioration of an historic resource for purposes of avoiding
the provisions of this chapter. Also the intentional act of disregarding
the security of an historic resource resulting in degradation by criminal
activity for purposes of avoiding the provisions of this chapter.
A person's spouse, former spouse, parent, stepparent, child,
stepchild, grandparent, great-grandparent, grandchild, great-grandchild,
brother, stepbrother, half brother, sister, half sister, stepsister,
first or second cousin, aunt, great-aunt, uncle, great-uncle, niece,
grandniece, nephew, or grandnephew.
A significant concentration, linkage or continuity of buildings,
structures, sites or objects joined by plan or physical development.
Examples include but are not limited to business districts and industrial
areas, residential neighborhoods, college campuses, villages or transportation
systems.
A building, structure, object, site or a contributing resource
to an historic district that is historically significant to the nation,
state or to Upper Moreland Township. Historic resources may be significant
for association with historically important events or people or significant
for architecture or building technique.
An item that is primarily artistic or decorative in nature.
Examples include but are not limited to monuments, sculptures, fountains
or statues.
The act of altering an historic resource by maintaining and
repairing the existing materials and current form of an historic resource
for purposes of displaying it as it has evolved through time.
The act of rebuilding an historic resource by recreating
vanished or nonsurviving elements of an historic resource.
The act of making alterations to an historic resource for
the purpose of changing its use while also preserving the historic
resource.
The act of altering an historic resource by returning it
to a particular time period by removing elements of other time periods.
A location that, with or without the existence of buildings,
structures or objects, has commemorative or cultural significance.
Examples include but are not limited to battlefields, cemeteries,
parks, ruins, scenic views, or natural features.
A construction that does not have enclosed walls. Examples
include but are not limited to bridges, gazebos, bandstands, carousels,
fences, walls or dams.
[1]
Editor's Note: Former § 350-190, The Upper Moreland
Township Historical Commission, as amended, § 350-191, Duties,
§ 350-192, Powers, § 350-193, Historic Resources
Inventory, as amended, § 350-194, Historical Commission
adoption of existing historic resources inventory or survey, § 350-195,
Listing historic resources to the Upper Moreland Township Historic
Resources Inventory, § 350-196, Deleting resources from
the Upper Moreland Township Historic Resources Inventory, § 350-197,
Changing the status of an historic resource, and § 350-198,
Board of Commissioners' approval of changes to the Historic Resources
Inventory, were repealed 7-12-2021 by Ord. No. 1717.
An historic preservation overlay zone is hereby created to overlay
all other zoning districts in Upper Moreland Township. The provisions
of the Historic Preservation Overlay Zone shall apply to all historic
resources listed in the Upper Moreland Township Historic Resources
Inventory. Historic resources on the Upper Moreland Township Historic
Resources Inventory shall constitute an overlay to the Upper Moreland
Township Zoning Map.
A.
The following uses and no other shall be permitted in the Historic
Preservation Overlay Zoning District:
B.
In accordance with the specific and general requirements for conditional
use approval set forth in this chapter, additional use opportunities
may be permitted on all properties listed on the Upper Moreland Township
Historic Resources Inventory.
(1)
Additional use opportunities may include, but are not limited
to:
(a)
Bed-and-breakfast, provided that there shall not be more than
seven guest rooms, no guest shall be allowed to stay for more that
14 consecutive days in any six-month period, the size of the building
shall be a minimum of 2,000 square feet, breakfast shall be the only
meal served and shall be served only to guests, and parking shall
be provided at a rate of one space per guest room, which may include
on- or off-street parking.
(b)
Home occupation, including but not limited to doctors, lawyers,
engineers, planners, consultants or architects, provided that the
occupation has no more than two employees and there are at least five
on- or off-street parking spaces.
(c)
Cultural studio, including but not limited to an artist's studio,
craftsman's workshop, music studio, or dance studio, provided that
the building shall have a minimum of 2,500 square feet, that no more
than two persons shall be employed by the studio, there shall be no
more than five students, and there are at least seven on- or off-street
parking spaces.
(d)
Antique store, provided that the building shall have a minimum
of 2,500 square feet, have no more than three employees and a minimum
of five on- or off-street parking spaces.
(e)
Gallery or museum, provided that the building shall have a minimum
of 3,000 square feet, no more than three employees and a minimum of
10 on- or off-street parking spaces.
(f)
Accessory apartment, provided that no more than one accessory
apartment shall be permitted on the property, that no more than three
bedrooms shall be allowed, that the building shall be a minimum on
2,000 square feet, and that at least two on- or off-street parking
spaces are provided.
(g)
Coffee, tearoom, or coffee house, provided that there shall
not be more than 40 seats, that the size of the building shall be
a minimum of 2,500 square feet, that it shall operate either between
the hours of 8:00 a.m. and 2:00 p.m. or between the hours of 4:00
p.m. and 9:00 p.m., that there shall not be more than four employees,
and that parking shall be provided at a rate of one space to two seats,
which can include on- and off-street parking.
(2)
Any other similar use, with the approval of the Board of Commissioners
as a conditional use.
If an historic resource in the Historic Preservation Overlay
Zone is located within an underlying residential zoning district,
the following regulations shall also apply:
A.
No use shall be permitted that creates excessive noise, odor, vibration
or smoke.
B.
Large special events that generate excessive amounts of traffic and
cause parking problems are prohibited.
C.
Signs shall be less than two feet by three feet in size, made of
wood, and lighted from an external source.
D.
Lighting shall be used that reduces glare to adjacent properties.
E.
Except where specifically stated, the hours of operation shall be
between 8:00 a.m. and 9:00 p.m.
The bulk, area and setback requirements of the underlying zoning district shall be relieved by up to 35% for projects involving historic resources within the Historic Preservation Overlay District, provided that the general and specific requirements for conditional use approval (§§ 350-203 and 350-204) have been met.
A.
An applicant for a conditional use approval under the provisions
of this chapter shall have to prove to the Upper Moreland Township
Board of Commissioners that the change of use to the historic resource
will meet the specific requirements for conditional use approval and
that the change of use to the historic resource will not be contrary
to the public interest.
B.
In determining if the conditional use will not be contrary to the
public interest, the Board of Commissioners will consider whether
the conditional use, if granted, will:
(1)
Not adversely affect the public health, safety and welfare due
to changes in traffic, stormwater drainage, air quality, noise, natural
environmental resources, neighborhood property values, and aesthetics.
(2)
Be in accordance with the Upper Moreland Township Comprehensive
Plan.
(3)
Be geographically located in a proximity to other similar uses
or zoning districts.
(4)
Not adversely affect the logical and efficient provision of
public services such as refuse collection, police and fire protection,
and public water and sewer.
(5)
Not otherwise adversely affect the public health, safety, morals
or welfare.
A.
On the date that the conditional use approval is applied for, the
subject property must be on the Upper Moreland Township Historic Resources
Inventory in order for the application to be valid under the provisions
of this chapter.
C.
If the proposed new use involves a Class I historic resource and includes construction of new buildings and structures on the property an historic resources impact study (§ 350-208) shall be completed.
D.
An applicant seeking conditional use approval under the provisions
of this chapter shall submit the appropriate application for the conditional
use to the Code Enforcement Officer, Advisory Planning Agency, or
Board of Commissioners.
E.
The Code Enforcement Officer, Advisory Planning Agency, or Board
of Commissioners shall provide a copy of the application for conditional
use approval to the Upper Moreland Township Historical Commission
along with the following additional information provided by the applicant:
F.
The Historical Commission shall review the materials at a meeting
and draft a list of recommendations concerning how the proposed change
in use may impact the historic value of the resource.
G.
The Historical Commission shall forward a copy of the recommendations
to the Code Enforcement Officer, Advisory Planning Agency, and Board
of Commissioners, who shall not approve the conditional use application
until the list of recommendations has been received or until 15 days
have expired from the date of the meeting when the proposed change
in use was first reviewed by the Historical Commission.
A.
An applicant who seeks to reconstruct, rehabilitate, preserve or
restore Class I, Class II or Class III historic resources on the Upper
Moreland Historic Resources Inventory may expedite the Historical
Commission review process by seeking preliminary review of the work
prior to completing any other required permits or applications or
submitting any plans to the Code Enforcement Officer, Advisory Planning
Agency, or Board of Commissioners.
B.
An applicant for the reconstruction, rehabilitation, preservation
or restoration of a Class I, Class II or Class III historic resource
listed on the Upper Moreland Township Historic Resources Inventory
may appear at any meeting of the Historical Commission to get a preliminary
review of the proposed work. The applicant shall supply to the Historical
Commission:
(1)
Recent photographs of the historic resource.
(2)
A detailed narrative description of the physical changes to
be made to the historic resource including a list of materials to
be used to do the work.
(3)
A site plan and architectural drawings of the proposed work
prepared by a registered architect or engineer.
C.
The Historical Commission shall review the material at the meeting, based on the criteria for review of alterations to historic resources (§ 350-207). The Historical Commission shall provide preliminary recommendations, if appropriate, to the property owner concerning the proposed preservation, reconstruction, restoration or rehabilitation project. The Historical Commission shall maintain a copy of its preliminary recommendations for each proposed alteration project for future reference and shall also forward a copy of the recommendations to the Code Enforcement Officer.
[Amended 2-7-2011 by Ord. No. 1597]
[Amended 7-6-2009 by Ord. No. 1575]
A.
An applicant seeking to make alterations to Class I, Class II or
Class III historic resources on the Upper Moreland Township Inventory
of Historic Resources shall complete the necessary permits or applications
or submit plans as required to Upper Moreland Township. The applicant
shall forward copies of the application and/or permit to the Historical
Commission along with the following information:
(1)
Name and address of the resource owner.
(2)
Recent photographs of the historic resource.
(3)
A detailed narrative description of the physical changes to
be made to the historic resource, including a list of materials to
be used to make the alterations.
(4)
A site plan and architectural drawings of the proposed alterations
prepared by a registered architect or engineer.
B.
The Historical Commission shall meet and review the material based on the criteria for review of alterations to historic resources (§ 350-207). The Historical Commission shall draft a list of recommendations concerning the alterations.
C.
If the alterations involve a Class I historic resource, the list
of recommendations shall be forwarded to the Board of Commissioners,
Code Enforcement Officer, and Advisory Planning Agency, who shall
not approve the alterations until the list of recommendations have
been received or until 105 days have passed from the meeting of the
Historical Commission when the alterations were initially reviewed.
D.
If the alterations involve a Class II or III historic resource, the
list of recommendations shall be forwarded to the Code Enforcement
Officer and the property owner by the Historical Commission within
14 calendar days of the meeting at which the alterations were initially
reviewed. If the property owner and the Code Enforcement Officer agree
with the recommendations of the Historical Commission, the appropriate
permits shall be issued to the property owner. If the property owner
disagrees with the recommendation(s) of the Historical Commission,
he or she may appeal to the Board of Commissioners.
E.
If an owner of a Class II or III historic resource elects to appeal
the recommendation(s) of the Historical Commission, the matter will
be placed on the agenda of the Advisory Planning Agency or the Community
Development Committee by the Board of Commissioners. The Historical
Commission will participate in any project reviews by the Advisory
Planning Agency, Community Development Committee and the Board of
Commissioners relative to proposed alterations of historic properties.
F.
If an application for a building permit submitted by a Class II or
Class III inventory property owner requires a variance or interpretation
by the Upper Moreland Zoning Hearing Board, the review and approval
process specified by this chapter for such matters shall apply.
Review of alterations to historic resources by the Historical
Commission shall be based only on the following criteria:
A.
The proposed alterations replace, repair or reuse materials that
are the same as those that currently exist or historically existed
on the historic resource. Substitutions of materials can be made for
materials that are expensive, dangerous, unhealthy or rare and can
be replaced or repaired with less expensive, safer and more readily
available alternatives that are similar in appearance to the original
material. Paint shall not be considered a material, and paint colors
shall not be subject to review by the Historical Commission.
B.
The alterations do not involve the removal of architectural features
currently on the historic resource, including, but not limited to,
brackets, balusters, dormers, cupolas, roofs, door and window trim,
projections, or bays that give the historic resource its distinctive
characteristics.
C.
Deteriorating architectural features shall be repaired rather than
removing them. If an architectural feature must be removed because
of extremely deteriorated condition, it shall be reconstructed in
the same fashion as it originally existed.
D.
The alterations do not involve adding an architectural feature that
is out of character for the architectural style or time period when
the building was constructed.
E.
Chemical or physical cleaning, such as sandblasting, power washing,
or use of harsh chemicals, shall not be used.
F.
The spacing and size of windows, doors, and other openings will not
be changed, except if changes to the spacing and size of window, door,
and other openings is part of a process to preserve or restore the
historic resource.
G.
The alterations to the historic resource cannot be seen from the
public street or streets that border the historic resource.
A.
Upon receipt of an application, plan or a permit that includes the
construction of new buildings or structures on a property that has
a Class I historic resource status, or on a property that is adjacent
to or shares a boundary or a right-of-way with a Class I historic
resource, the Board of Commissioners, Advisory Planning Agency, or
Code Enforcement Officer shall forward the application, plan or permit
to the Historical Commission.
B.
The Historical Commission shall review the material at a meeting
and notify the applicant, the Board of Commissioners, Advisory Planning
Agency, and Code Enforcement Officer in writing that an historic resources
impact study must be provided for the proposed project. The historic
resources impact study shall consist of:
(1)
A description of the history, architecture, and historic significance
of the Class I historic resource that may be affected by the proposed
new construction.
(2)
Recent photographs of the Class I resource that may be impacted
by the proposed construction project.
(3)
A site plan and architectural drawings showing the location
of the proposed buildings or structures and architectural details
of the proposed buildings or structures.
(4)
A statement of the possible physical destruction or movement
that may occur to the Class I historic resource as a result of the
proposed construction project.
(5)
A statement of how visual, audible or atmospheric changes resulting
from the proposed construction project will affect the historic value
of the Class I historic resource.
C.
A person, firm, agency or organization shall be hired by the applicant
to complete the historic resources impact study. The persons, firm,
agency or organization hired by the applicant shall have a minimum
of a graduate degree in the field of historic preservation, history,
American studies, art history or a closely related field, or an undergraduate
degree in one of the aforementioned fields and a minimum of two years'
experience assessing the effects of construction projects on historic
resources.
D.
When the historic resources impact study is completed to the satisfaction
of the Historical Commission, the applicant shall supply the Historical
Commission with a copy. The Historical Commission shall promptly forward
a copy of the study, along with recommendations concerning the impact
that the project may have on the Class I historic resource, to the
Board of Commissioners, Code Enforcement Officer, and Advisory Planning
Agency, who shall not approve any plan, permit or application for
the proposed construction project until the recommendations and a
copy of the historic resources impact study has been received or until
105 days have passed from the date that the Historical Commission
received the completed historic resources impact study.
A.
Upon receipt of an application, plan or a permit that includes the
demolition of a Class I historic resource on the Upper Moreland Township
Historic Resources Inventory, the Board of Commissioners, Code Enforcement
Officer, or Advisory Planning Agency, shall forward the application,
plan or permit to the Historical Commission.
B.
The Historical Commission shall request that the applicant appear
at a meeting to discuss the reasons for the demolition, possible reuse
of the historic resource, and other alternatives for preventing the
demolition of the historic resource. The applicant shall supply to
the Historical Commission at the meeting:
C.
If the applicant claims financial hardship, the applicant shall provide
the following information to the Historical Commission at the meeting:
(1)
The sale price of the property.
(2)
The rental history of the property.
(3)
An estimate of the cost of demolition.
(4)
An estimate of the cost of restoration.
(5)
Documents related to the applicant's financial standing, including
but not limited to copies of bank statements, statements of the applicant's
investments, the past three years of Pennsylvania and federal income
tax forms, annual financial reports, ledgers, budget reports, or other
accounting reports, any other documents the Historical Commission
deems pertinent to the applicant's financial standing.
D.
The Historical Commission shall review the material, and the applicant
shall be given the option to pursue an alternative to demolition or
to demolish the Class I resource.
E.
If the applicant chooses to demolish the Class I resource, the applicant
shall hire a person, firm, agency or organization to document the
historic resource to Historic American Building Survey (HABS) standards
or, if applicable, to Historic American Engineering Record (HAER)
standards. The person, firm, agency or organization hired by the applicant
to document the Class I historic resource shall have a minimum of
a graduate degree in the field of historic preservation, history,
American studies, art history or a closely related field, or an undergraduate
degree in one of the aforementioned fields and a minimum of two years'
experience documenting historic resources to HABS or HAER standards.
HABS and HAER standards are available by contacting the National Park
Service or the Pennsylvania Historical and Museum Commission.
F.
When the documentation is complete to the satisfaction of the Historical
Commission, the applicant shall supply the Historical Commission with
a copy. The Historical Commission shall promptly forward a copy of
the documentation, along with recommendations concerning the proposed
demolition, to the Board of Commissioners, Code Enforcement Officer,
and Advisory Planning Agency, who shall not approve any plan, permit
or application for the demolition of the resource until the documentation
and recommendations have been received or until 105 days have passed
from the date when the Historical Commission received the completed
HABS or HAER documentation.
G.
If the applicant chooses to pursue alternatives to demolition of
the Class I historic resource, the Historical Commission shall draft
a list of recommendations and alternatives to demolition, which shall
be promptly forwarded to the applicant. The Historical Commission
shall also promptly forward a copy of the recommendations and alternatives
to demolition to the Board of Commissioners, Code Enforcement Officer,
and Advisory Planning Agency, who shall not approve any application,
permit or plan to demolish the Class I historic resource.
A.
Upon receipt of an application, plan or a permit that includes the
demolition of a Class II or Class III historic resource on the Upper
Moreland Township Historic Resources Inventory, the Board of Commissioners,
Code Enforcement Officer, or Advisory Planning Agency shall forward
the application, plan or permit to the Historical Commission.
B.
The Historical Commission shall request that the applicant appear
at a meeting to discuss the reasons for the demolition, possible options
for reuse of the historic resource, and other alternatives for preventing
the demolition of the historic resource. The applicant shall supply
to the Historical Commission at the meeting:
C.
The Historical Commission shall review the material and the applicant
shall be given the option to pursue an alternative to demolition or
to demolish the Class II or Class III historic resource.
D.
If the applicant chooses to pursue demolition, and the proposed demolition
is of a Class II historic resource, the Historical Commission shall
draft a list of recommended alternatives to demolition and shall forward
the list to the Board of Commissioners, Code Enforcement Officer,
and Advisory Planning Agency, who shall not approve any application,
plan or permit to demolish the Class II historic resource until the
list of recommendations has been received or until 75 days have expired
from the date of the Historical Commission meeting when the proposed
demolition was initially reviewed.
E.
If the applicant chooses to pursue demolition, and the proposed demolition
is of a Class III historic resource, the Historical Commission shall
draft a list of recommended alternatives to demolition and shall forward
the list to the Board of Commissioners, Code Enforcement Officer,
and Advisory Planning Agency, who shall not approve any application,
plan or permit to demolish the Class III historic resource until the
list of recommendations has been received or until 45 days have expired
from the date of the Historical Commission meeting when the proposed
demolition was initially reviewed.
F.
If the applicant chooses to pursue alternatives to demolition of
the Class II or Class III historic resource, the Historical Commission
shall draft a list of recommendations and alternatives to demolition,
which shall be promptly forwarded to the applicant. The Historical
Commission shall also promptly forward a copy of the recommendations
and alternatives to demolition to the Board of Commissioners, Code
Enforcement Officer, and Advisory Planning Agency, who shall not approve
any application, permit or plan to demolish the Class II or Class
III historic resource.
All historic resources listed on the Upper Moreland Township
Historic Resources Inventory shall not be subjected to demolition
by neglect in order to avoid any provisions of this chapter. If demolition
by neglect is suspected by the Historical Commission, it shall provide
to the Code Enforcement Officer the owner's name and address, the
location of the historic resource, a statement of the condition of
the building, and reasons for the suspected demolition by neglect.
The Code Enforcement Officer shall investigate or shall request that
other law enforcement officials investigate the possible demolition
by neglect. If demolition by neglect is proven by the investigation,
the enforcement provision of this article shall be applied.
Violation of this chapter by altering, demolishing, demolishing by neglect, or changing the use of a building on the Upper Moreland Township Historic Resources Inventory without having first followed the procedures described in this chapter shall result in enforcement remedies as described in Article XXX of this chapter.
