The following words and phrases shall have the meaning ascribed
to them in this section:
BOARD
The Upper Chichester Township Board of Commissioners.
DEMOLITION or DEMOLISH
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.
HISTORIC STRUCTURE
Any structure listed in the Upper Chichester Township Historic Sites Survey as prepared by the Delaware County Planning Department dated June 1981-1982, as updated from time to time either by the Delaware County Planning Department or by the Township in accordance with the provisions of §
351-8 herein.
OBJECTOR
A person, corporation, or other legal entity that has filed
written objections to the issuance of a demolition permit pursuant
to this chapter.
PERSON
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.
TOWNSHIP
Upper Chichester Township, Delaware County, Commonwealth
of Pennsylvania.
This article 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. Failure to perform any action required by this chapter or performance of any action, which is prohibited by this chapter, shall constitute a violation hereof. Any person violating any of the provisions of this chapter shall be subject to a fine of not more than $600 for each offense plus court costs, including reasonable attorney fees incurred as a result thereof, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitute a separate violation. 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 §
351-1.
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 Upper Chichester Township Historic Sites Survey prepared
by the Delaware County Planning Department dated June 1981-1982, 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 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 a 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 is unique location or singular physical characteristic.
L. Has yielded or is likely to yield information of importance to the
history of the Township, the county, or the commonwealth.