[HISTORY: Adopted by the Borough Council of the Borough of
Waterford 1-17-1977 by Ord. No. 1-1977. Amendments noted where applicable.]
In accordance with the provisions of an Act entitled: "An Act
authorizing counties, cities, boroughs, incorporated towns and townships
to create historic districts within their geographic boundaries, providing
for the appointment of Boards of Historical Architectural Review;
empowering governing bodies of political subdivisions to protect the
distinctive historical character of these districts and to regulate
the erection, reconstruction, alteration, restoration, demolition
or razing of buildings within the historic districts,"[1] adopted by the General Assembly of the Commonwealth of
Pennsylvania and approved by the Governor of the Commonwealth of Pennsylvania
on the 13th day of June, 1961, and to protect a portion of the Borough
of Waterford which recalls the rich architectural and cultural heritage
of the Borough of Waterford and the state, to awaken in our people
an interest in our historic past and to promote the general welfare,
education and culture of the Borough of Waterford, there is hereby
created in the Borough of Waterford an historic district to be known
as "Waterford Borough Historic District" located in the Borough of
Waterford, Erie County, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
The limits of Waterford Borough Historic District are defined
as follows:
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All that certain piece or parcel of land situate in the Borough
of Waterford, County of Erie and State of Pennsylvania, bounded on
the north by First Street, bounded on the south by Water Street, bounded
on the east by Cherry Street, and bounded on the west by Walnut Street.
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Immediately upon the adoption of this chapter, the Municipal
Secretary shall forward a copy thereof to the Pennsylvania Historical
and Museum Commission. This chapter shall not take effect until:
A Board of Historical Architectural Review is hereby established
to be composed of five members appointed by the Borough Council, one
of whom shall be a registered architect, one a licensed real estate
broker, one the Zoning Officer of the municipality, and two additional
persons with a knowledge of and interest in the preservation of the
district. The initial terms of the first five members of the Board
shall be as follows: one shall serve until the first Monday of January
1978, two until the first Monday of January 1979, and two until the
first Monday of January 1980. Their successors shall serve for a term
of five years. The position of any member of the Board appointed in
his capacity as a registered architect, a licensed real estate broker,
or as the Zoning Officer of the municipality who ceases to be so engaged
shall be automatically considered vacant. An appointment to fill a
vacancy shall be only for the unexpired portion of the term.
The Board shall give counsel to the Borough Council of the Borough
of Waterford regarding the advisability of issuing any certificates
required to be issued pursuant to the said Act of June 13, 1961,[1] and this chapter. For this purpose, the Board may make
and alter rules and regulations for its own organization and procedure,
consistent with this chapter and the laws of the commonwealth. A majority
of the Board shall constitute a quorum and action taken at any meeting
shall require the affirmative vote of a majority of the Board. The
members of the Board shall serve without compensation, and shall make
an annual report of their transactions to the Borough Council. The
Board may, pursuant to appropriations by the Borough Council, employ
secretarial assistants, pay their salaries and wages and incur other
necessary expenses.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
The Zoning Officer of the municipality shall not issue a permit
for any erection, reconstruction, alteration, restoration, demolition
or razing of a building in the district until the Borough Council
has issued a certificate of appropriateness.
Upon receipt of an application for a building permit for work
to be done in the district, the Zoning Officer of the municipality
shall act in accordance with the procedures presently being followed
in that office except those procedures which are necessarily modified
by the following requirements:
A.
He shall forward to the Office of the Board of Historical Architectural
Review a copy of the application for a building permit, together with
a copy of any plot plan and building plans and specifications filed
by the applicant;
B.
He shall maintain in his office a record of all such applications
and of his handling and final disposition of the same, which shall
be in addition to and appropriately cross-referenced to his other
records;
C.
He shall require applicants to submit a sufficient number of additional
copies of material required to be attached to an application for a
building permit to permit compliance with the foregoing.
Upon receipt by the Board of a notice that an application for
a building permit for the erection, reconstruction, alteration, restoration,
demolition or razing of a building or buildings in the district has
been filed with the Zoning Officer of the municipality, the Board
will give notice to the Borough Council. The person applying for the
permit shall be advised of the time and place of the said meeting
and invited to appear to explain his reasons therefor. The Board may
invite such other person or persons as it desires to attend the meeting.
In determining the counsel to be presented to the Borough Council
concerning the issuing of a certificate of appropriateness authorizing
a permit for the erection, reconstruction, alteration, restoration,
demolition or razing of all or a part of any building within the district,
the Board shall consider the following matters:
A.
The effect of the proposed change upon the general historic and architectural
nature of the district;
B.
The appropriateness of exterior architectural features which can
be seen from a public street or way only; and
C.
The general design, arrangement, texture, material and color of the
building or structure, and the relation of such factors to similar
features of buildings or structures in the district.
If the Board, on the basis of the information received at the
meeting and from its general background and knowledge, decides to
counsel against the granting of a certificate of appropriateness,
it shall indicate to the applicant for a building permit the changes
in plans and specifications, if any, which in the opinion of the Board
would protect the distinctive historical character of the district.
The Board shall withhold its report to the Borough Council for a period
of five days following its decision to allow the applicant to decide
whether or not to make the suggested changes in his plans and specifications.
If the applicant determines that he will make the suggested changes,
he shall so advise the Board, which shall counsel the Borough Council
accordingly.
The Board, after the hearing provided for in § 151-8 of this chapter and after the making of any changes in the plans and specifications as provided in § 151-10 of this chapter, shall submit to the Borough Council in writing its counsel concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the district. The written report shall set out the following matters:
A.
The exact location of the area in which work is to be done;
B.
The exterior changes to be made or the exterior character of the
structure to be erected;
C.
A list of the surrounding structures with their general exterior
characteristics;
D.
The effect of the proposed change upon the general historic and architectural
nature of the district;
E.
The appropriateness of exterior architectural nature of the district;
F.
The general design, arrangement, texture, material and color of the
building or structure and the relation of such factors to similar
features of buildings or structures in the district;
G.
The opinion of the Board (including any dissent) as to the appropriateness
of the work proposed as it will preserve or destroy the historic aspect
and nature of the district; and
H.
The specific counsel of the Board as to the issuance by the Borough
Council or its refusal to issue a certificate of appropriateness.
Upon receipt of the written counsel of the Board as provided in § 151-11 of this chapter, the Borough Council shall consider at a regular or special meeting the question of issuing to the Zoning Officer a certificate of appropriateness authorizing a permit for the work covered by the application. The applicant shall be advised by the Municipal Secretary of the time and place of the meeting at which his application will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the district, the Board of Historical Architectural Review shall consider those matters set forth in § 151-9 of this chapter and the report of the Board. If the Borough Council approves the application, it shall issue a certificate of appropriateness authorizing the Zoning Officer to issue a permit for the work covered. If the Borough Council disapproves, it shall do so in writing and copies shall be given to the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.
Upon receipt of the written disapproval of the Borough Council,
the Zoning Officer of the municipality shall disapprove the application
for a building permit and so advise the applicant. The applicant may
appeal from the disapproval as provided by law.
The Zoning Officer of the municipality shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this chapter in the same manner as in his enforcement of Chapter 280, Zoning, of the Code of the Borough of Waterford as presently enacted or as the same may from time to time be amended.
Any person, partnership or corporation who or which shall violate
the provisions of this chapter shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $600.
In default of payment of such fine, such person, the members of such
partnership, or the officers of such corporation shall be liable to
imprisonment for not more than 30 days. Each day that violation is
continued shall constitute a separate offense.
In case any building or structure is, or is proposed to be,
erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the governing body, in addition
to other remedies, may institute in the name of the municipality any
appropriate action or proceeding to prevent, restrain, correct or
abate such building, or structure, or to prevent, in or about such
premises, any act, conduct, business or use constituting a violation.
