[Ord. 2232, 5/13/2014, § I]
In order to promote the economic and general welfare of the
people of the Borough of Phoenixville and of the public in general
and to ensure the harmonious, orderly and efficient growth and development
of the municipality, it is deemed essential by the Borough Council
of the Borough of Phoenixville that the qualities relating to the
Borough of Phoenixville and the harmonious outward appearance of structures,
all of which preserve property values and attract tourists and residents
alike, shall be preserved. Some of these qualities shall be manifested
in the continued existence and preservation of historic areas and
buildings, as well as the continued construction of buildings in historic
styles and general harmony, relating style, form, color, proportion,
texture and material between buildings of historic design and those
of a more modern design. Such purpose shall be advanced through the
preservation and protection of the old historic district, architecturally
worthy structures, and landscape features, as well as the quaint neighborhoods,
which impart a distinct aspect and character to the Borough of Phoenixville,
and which serve as visible reminders of the historical and cultural
heritage of the Borough of Phoenixville, the commonwealth, and the
nation.
[Ord. 2232, 5/13/2014, § I]
3.
Downtown Historic District. The boundaries of the Downtown Historic
District shall be shown on a map attached to and made a part of this
Chapter. This Downtown Historic District shall be comprised of certain
parts of the Town Center District (TC) and Mixed Use Growth District
(MG) as shown on the Historic District Map which is made a part of
this Chapter. The Downtown Historic District shall comprise a portion
of the Historic District; however, the boundaries of the entire Historic
District shall be as set forth in this Subsection and map incorporated
herein.
[Ord. 2232, 5/13/2014, § I]
1.
No structure located within the Downtown Historic District shall
be erected, altered, restored, demolished or razed, whether in whole
or in part, unless and until a certificate of appropriateness, as
hereinafter provided, has been issued by the Borough Council.
2.
No sign located within the Downtown Historic District shall be erected,
altered or modified, whether in whole or in part, unless and until
a certificate of appropriateness, as hereinafter provided, has been
issued by the Borough Council.
3.
No fence or landscape architectural feature located within the Downtown
Historic District shall be erected, altered or modified, whether in
whole or in part, unless and until a certificate of appropriateness,
as hereinafter provided, has been issued by the Borough Council.
4.
Exceptions. A certificate of appropriateness shall not be required
by the Borough for the following:
[Amended by Ord. 2016-2262, 5/10/2016[1]]
A.
Repainting of a painted existing building or feature.
B.
Interior modifications or alterations.
C.
Maintenance or repair in kind (i.e., same materials, same detailing).
D.
Alterations or modifications not visible from public street or way.
E.
Temporary emergency repairs (subject to future review by the Historical
Architectural Review Board).
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection 3A as Subsection 4.
[Ord. 2232, 5/13/2014, § I]
1.
Appointment. Upon receipt of the certifying resolution of the Pennsylvania
Historical and Museum Commission, the Borough Council shall appoint
an Historical Architectural Review Board (HARB).
2.
Membership and terms.
A.
The HARB shall be composed of seven members. One member of the Board
shall be a registered architect, one member shall be a licensed real
estate broker, one member shall be a Borough Staff Building Inspector,
one member shall be a structural engineer or qualified building contractor,
and the three remaining members shall be persons with knowledge of
and interest in the preservation of historic districts.
B.
Except in the case of the Borough Staff Building Inspector, an HARB
member must be a resident, property owner, or conduct business within
the Borough of Phoenixville.
C.
HARB members shall be appointed by a majority vote of the Borough
Council.
D.
The terms for the HARB members shall be for four years excepting
the Planning Commission member, who will follow that member's
term in office or as appointed. The initial term of the remaining
five members of the HARB shall be as follows: one member for one year,
one member for two years, one member for three years, and two members
for four years.
E.
There shall be no limit to the consecutive terms that can be served
by members of the HARB; however, the Borough Council may, after a
duly advertised public hearing, remove any member of the HARB from
office for inefficiency, neglect of duty, malfeasance in office or
conflict of interest.
F.
Vacancies on the HARB for unexpired terms and for full terms shall be filled as provided in Subsection 1 above, from a list of two nominees provided by a) the remaining members of the HARB, b) the Historical Society of the Phoenixville area, and c) the Borough Manager's office.
G.
The members of the HARB shall serve without compensation; however,
members may be reimbursed for expenses necessarily incurred in order
to carry out the objectives of the HARB and when those expenses are
deemed necessary and appropriate and are approved by the Borough Council.
3.
Organization.
A.
The HARB shall elect its own Chairman, Vice Chairman and Secretary
and shall create and fill such other offices as deemed proper and
necessary. Officers shall serve annual terms and may succeed themselves.
B.
The HARB shall make and alter its written rules of procedure consistent
with the ordinances of the Borough and the laws of the Commonwealth
of Pennsylvania and shall submit to the Borough Council said rules
for Council's approval.
C.
The HARB Secretary shall keep minutes of its meetings and records
of its resolutions, transactions, findings and determinations, and
such minutes and records shall be considered public records.
D.
A majority of the HARB shall constitute a quorum, and any action
taken at any meeting shall require the affirmative vote of a majority
of the HARB members present.
4.
Duties:
A.
To process an application for a certificate of appropriateness, as
may be required pursuant to this Chapter.
B.
To give counsel to the Borough Council regarding the advisability
of issuing certificates of appropriateness.
C.
To promulgate and publish such standards as are necessary to supplement
the provisions of this Chapter and to inform residents, property owners,
and the general public of those criteria by which applications for
certificates of appropriateness are to be measured.
D.
To prepare regular reports of its activities for the Borough Council,
as well as specific reports as may from time to time be requested
by the Borough Council.
E.
To cooperate with all Borough officials and agencies in relation
to the preservation and restoration of historic structures and sites,
including possible acquisition and use of the same by the Borough.
F.
To consider, promote and, with the approval of the Borough Council,
apply for technical and financial assistance from all appropriate
local, county, state and federal agencies, as well as any other agencies,
for the preservation of significant architecture and natural and historic
sites within the Borough of Phoenixville, and to report all related
action to the Borough Council.
G.
To prepare and submit a yearly budget to the Borough Council for
sums deemed necessary to carry out the objectives of the Borough.
H.
To assist in the detection of violations of the provisions of this
Chapter.
I.
To provide technical support used in the enforcement of the provisions
of this Chapter, as well as the prosecution of violations hereunder.
5.
Certificate of appropriateness.
A.
A certificate of appropriateness may be issued by the Borough Council
after receiving a recommendation from the Historical Architectural
Review Board or 45 days from the date the application for a certificate
of appropriateness is received by the Borough Zoning Officer, whichever
is first. The HARB's recommendation, if one is received, shall
not be binding upon the Borough Council. No fence, building or sign
permit shall be issued within the defined Downtown Historic District
without a receipt of a certificate of appropriateness, if one is required
under this Chapter.
6.
Duties of the Borough Zoning Officer upon receipt of the application
for certificate of appropriateness for exterior work. Upon receipt
of an application for certificate of appropriateness, as required
by this Chapter for work to be done in the Downtown Historic District,
the Borough Zoning Officer or designee shall act in accordance with
the following procedures:
A.
He/she shall forward to the office of the Historical Architectural
Review Board two copies of the application for a certificate of appropriateness,
one for the HARB's office file, and one to circulate among members
of the HARB. The application shall also include a copy of the plot
plan and the building plans, as well as specifications filed by the
applicant. In addition, the HARB may request elevation drawings of
any modifications. The Borough Zoning Officer shall forward this material
to the HARB within three days of receipt of the application. The HARB
and the Borough may define the information advisable for the applicant
to submit for proper review of the application and shall inform the
applicant that additional information may be requested if necessary.
B.
He/she shall forward to the Borough Council one copy of the application
for a certificate of appropriateness, and copies of the plans and
specifications filed with the application.
C.
He/she shall forward to the Building Inspector one copy of the application
for a certificate of appropriateness.
D.
He/she shall maintain, in the Borough building, a record of all such
applications, as well as his/her handling and final disposition of
the same, which shall be in addition to and appropriately cross-referenced
to his/her other records.
7.
Materials to be submitted with an application for a certificate of
appropriateness or a building or demolition permit in the Phoenixville
Downtown Historic District. This subsection shall be construed less
strictly as to the form of such building plans and specifications
submitted by an individual homeowner desiring to effect minor improvements
to his property, provided that the Board is satisfied that the minimum
necessary information described below is included therein.
A.
Drawings of all proposed construction or alteration of structures
which shall include exterior elevations and dimensions, sufficient
detail to show the architectural design of the proposed construction,
and the proposed exterior materials and colors.
B.
A plot plan or site plan showing property lines, existing and proposed
buildings and structures and proposed and existing landscape features
(trees, shrubbery, elevations).
C.
Photographs.
(1)
Applications for demolition of historic buildings or structures:
legible photographs showing all sides of the building(s) under consideration
and any interior shots which relate the state of disrepair or substantiate
the need for demolition.
(2)
Applications for construction and/or alteration: legible photographs
showing all elevations of existing buildings and views of the site
from public streets and ways. Compass direction of camera should be
noted for each view.
8.
Meeting of the Historical Architectural Review Board.
A.
The HARB shall meet twice monthly at regularly scheduled meetings
(times and dates shall be established and published annually) unless
there is no business to conduct. The required material shall be submitted
by the applicant to the Borough Zoning Officer no less than 15 days
prior to the regularly scheduled meeting.
B.
Consideration of appropriateness.
(1)
The HARB, in considering the appropriateness of any erection,
reconstruction, alteration, restoration, demolition, or razing of
any building or structure, shall consider, among other things, the
following:
(a)
The purpose of this Chapter.
(b)
The historical and architectural value and significance of the
building or structure.
(c)
The design, arrangement, texture, material and color of the
building or structure in question, or its appurtenant fixtures (including
signs), insomuch as these features are visible from any public street
or way.
(d)
The relationship of such building or structure in relation to
the street or public way, as well as to other buildings or structures.
(2)
The HARB shall not consider any matters not pertinent to the
preservation of the historic aspect and nature of the district.
C.
If the applicant files and receives an approved Historic Preservation
Certification from the United States Department of the Interior National
Park Service, the HARB shall advise in favor of granting a certificate
of appropriateness. Part 1, Part 2 and Part 3 of the United States
Department of the Interior National Park Service Certification shall
be filed with the Borough, and become part of the applicant's
file.
D.
If the HARB, on the basis of the information received at the meeting,
from the information submitted, and from its general background and
knowledge, decides to advise in favor of granting a certificate of
appropriateness, it shall so notify the applicant, in writing and
within five working days, of its recommendation.
E.
If the HARB, on the basis of the information received at the meeting,
and from its general background and knowledge, decides to advise against
the granting of a certificate of appropriateness, it shall also notify
the applicant, in writing and within five working days, of its recommendation.
F.
The HARB, after following the procedures set forth above, shall submit
to the Borough Council, in writing, its advice concerning the issuance
of a certificate of appropriateness, as required by this Chapter.
The written report shall include the following:
(1)
The opinion of the HARB (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.
(2)
The changes in the plans or specifications, if any, which in
the opinion of the HARB would protect the distinctive character of
the District.
(3)
The specific advice of the HARB to issue or refuse a certificate
of appropriateness.
G.
If the HARB, on the basis of information received at the meeting,
from the information submitted, and from its general background and
knowledge, decides the information does not adequately describe the
work to be undertaken or if revisions are necessary to meet the requirements
of this Chapter, the Board shall notify the applicant during its scheduled
meeting and place the applicant on the HARB agenda for the next regularly
scheduled HARB meeting for continued review.
H.
In the event the Historical Architectural Review Board does not act
in accordance with the procedures set forth above, the application
shall be referred to the Borough Council without recommendation from
the HARB and it shall be presumed by the Borough Council that the
application was approved without amendment.
[Ord. 2232, 5/13/2014, § I]
1.
Upon receipt of the Historical Architectural Review Board's
recommendations or 45 days from the date the application for a certificate
of appropriateness is received by the Borough Zoning Officer, whichever
is first, the Borough Council shall consider at its next scheduled
public meeting, or the one thereafter, if the next would make five
working days' notice to the applicant impossible, the question
of issuing a certificate of appropriateness for the work covered by
the application. The applicant shall be given five working days'
notice by the Borough Zoning Officer, or his/her designee, of the
time and place of the meeting at which his/her application will be
considered and he/she shall have the right to attend and be heard
regarding his/her application. Within those five working days, the
applicant has the right to request a change of date if it is impossible
for him/her to attend the meeting proposed by the Borough.
2.
In determining whether or not to issue a certificate of appropriateness,
the Borough Council shall consider, among other factors, the report
of the HARB if one is submitted. If the Borough Council approves the
application, it shall issue a certificate of appropriateness authorizing
the work covered. The certificate of appropriateness also authorizes
the Building Inspector or Zoning Officer to issue any necessary permits
for the work covered if this work complies with all other applicable
requirements. If the Borough Council disapproves the application,
the decision shall indicate what changes in the plans and specifications
would be necessary to meet the conditions for protecting the distinctive
character of the structure, site or area certified to have historical
significance within the District and for protecting the historical
environment of the District, as a whole. The Borough Council must
render its decision at a public meeting. This decision shall be communicated,
in writing, to the applicant, the Historical Architectural Review
Board, the Building Inspector, the Zoning Officer, and the Pennsylvania
Historical Museum Commission within 10 days of the decision. In the
event the Borough Council does not tender its decision to the applicant
within 10 days of the date the decision was rendered at a public meeting,
it shall be deemed that the Borough Council has decided in favor of
the applicant and a certificate of appropriateness shall thereupon
be issued. The time limits provided for in this Section may be extended
by agreement of the parties, in writing.
3.
Disapproval of application. Upon receipt of the written disapproval
of the Borough Council, the Building Inspector and/or Zoning Officer
shall disapprove any application for a building or sign permit required
for the work covered. In addition, any proposed work defined by the
application for the certificate of appropriateness shall not be carried
out.
[Ord. 2232, 5/13/2014, § I]
Any decision of the Borough Council under this Chapter granting
or denying a certificate of appropriateness shall be subject to review
and appeal to the Court of Common Pleas of Chester County in the same
manner and within the same time limitation as is provided for zoning
appeals by the Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, and as amended, 53 P.S. § 11001-A, et
seq.
[Ord. 2232, 5/13/2014, § I]
1.
In case any building or structure is erected, reconstructed, altered,
restored, demolished or razed in violation of this Chapter, the Bureau
of Inspections or other agency charged with the issuance of permits
for the erection, demolition, or alteration of buildings shall promptly
stop all work at the site.
2.
The Bureau of Inspections or other agency charged with the issuance
of permits for the erection, demolition or alteration of buildings
shall have the power to institute any proceedings, at law or in equity,
necessary for the enforcement of this Chapter, or in the same manner
as in its enforcement of other building, zoning, or planning legislation
or regulations.
3.
HARB members shall assist the Bureau of Inspections in detecting
violations under this Chapter, and shall provide the Bureau with such
technical support and/or evidence as may be necessary for its enforcement.
4.
The imposition of any penalty hereunder shall not preclude the Borough
or any proper person from instituting any proper action or proceeding
to require compliance with the provisions of this Chapter and with
the administrative orders and determinations made hereunder.
[Ord. 2232, 5/13/2014, § I]
The Borough Council may appropriate from the general Borough
funds such funds as may be necessary and available for the work of
the HARB in the year for which the appropriation is made.
[Ord. 2232, 5/13/2014, § I]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of provisions of this Chapter shall, upon
being found liable in a civil enforcement proceeding commenced by
the Borough, pay a judgment of not more than $600 plus all court costs,
including reasonable attorneys' fees incurred by the Borough
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
District Justice. If the defendant neither pays nor timely appeals
the judgment, the Borough may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation unless the District Justice
determines otherwise.
