[HISTORY: Adopted by the Borough Council of the Borough of
North Wales 7-8-2014 by Ord. No. 797. Amendments noted where applicable.]
The intent of this chapter is to create an Historic Preservation
District, define its limits, provide for the appointment of an Historical
Architectural Review Board to give recommendations to the North Wales
Borough Council regarding the issuance of a certificate of appropriateness
in connection with the granting or refusal of permits for the erection
or razing, alteration, restoration, reconstruction or demolition of
any building within the district and for appeals from such refusals,
and provide for the notification to the Pennsylvania Historical and
Museum Commission (PHMC) of the adoption of this chapter and obtain
from the Commission a certificate as to the historical significance
of the district.
A.
For the purpose of this chapter, all words used in the present tense
include the future tense. All words in the plural number include the
singular number and all words in the singular number include the plural
number, unless the natural construction of the word clearly indicates
otherwise. The word "shall" is mandatory. The word "used" includes
"designated, intended, built or arranged to be used."
B.
ALTERATION, HISTORIC PRESERVATION DISTRICT
BUILDING
BUILDING PERMIT
BUILDING PERMIT APPLICATION (APPLICATION)
CERTIFICATE OF APPROPRIATENESS
CONSTRUCTION
DEMOLITION
DEMOLITION BY NEGLECT
ERECTION
NORTH WALES BOROUGH HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB)
NORTH WALES BOROUGH PLANNING COMMISSION
RECONSTRUCTION
RESTORATION
SIGN
As used in this chapter, the following terms shall have the meanings
indicated:
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in the Historic Preservation District as a reviewable action, including
without limitation the repair, replacement, reconstruction, demolition
or relocation of any structure or object, or any part of a structure
which constitutes the principal public street facade visible from
the public right-of-way. Corner properties shall have a maximum of
two facades considered as a reviewable action.
An approval statement signed by the Zoning Officer authorizing
the construction, alteration, reconstruction, repair, restoration,
demolition or razing of all or a part of any building including doors,
porches, patio roofs and new window openings (within the Historic
Preservation District).
The request filed by any person with the Zoning Officer that
seeks authorization to construct, alter, reconstruct, repair, restore,
demolish or raze all or a part of any building including doors, porches,
patio roofs and new window openings (within the Historic Preservation
District).
The approval statement signed by the North Wales Borough
Council which certifies the historical appropriateness of a particular
request for the construction or erection of a new structure; the alteration,
reconstruction, repair or restoration of the principal public street
facade visible from the public right-of-way of a contributing structure;
and the demolition or razing of all or a part of any contributing
building or structure within the Historic Preservation District visible
from the public right-of-way and authorizes the issuance of a building
permit for said request.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay
and deterioration resulting in its demolition.
The result of construction such as a building, structure,
monument, sign or object on the ground or on a structure or building.
The agency that advises the North Wales Borough Council on
any requests for authorization to construct, alter, reconstruct, repair,
restore or demolish all or a part of any building including doors,
porches, patio roofs and new window openings (within the Historic
Preservation District).
The agency which advises the North Wales Borough Council
on planning and planning-related matters.
Any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
Any or all work connected with the returning to or restoring
a building or a part of any building to its original condition through
the use of original or nearly original materials.
[1]
Editor's Note: This definition may be found in the Borough
Zoning Ordinance, a copy of which is on file in the Borough offices.
[2]
Editor's Note: This definition may be found in the Borough
Zoning Ordinance, a copy of which is on file in the Borough offices.
[3]
Editor's Note: This definition may be found in the Borough
Zoning Ordinance, a copy of which is on file in the Borough offices.
This District is created for the following purposes:
A.
Pursuant to Article I, Section 27, of the Pennsylvania Constitution
which states that:
The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and aesthetic values
of the environment. Pennsylvania's public natural resources are
the common property of all the people including generations yet to
come. As trustees of these resources, the commonwealth shall conserve
and maintain them for the benefit of all the people.
B.
Now therefore it is the purpose and intent of the North Wales Borough
to promote, protect, enhance, perpetuate and preserve historic districts
for the educational, cultural, economic and general welfare of the
public through the preservation, protection and regulation of buildings,
structures and areas of historic interest or importance within the
North Wales Borough; to safeguard the heritage of the North Wales
Borough by preserving and regulating historic districts which reflect
elements of its cultural, social, economic, political and architectural
history; to preserve and enhance the environmental quality of neighborhoods;
to strengthen the Borough's economic base by the stimulation
of the tourist industry; to establish and improve property values;
to foster economic development; to foster civic pride in the beauty
and accomplishments of North Wales Borough's past; and to preserve
and protect the cultural, historical and architectural assets of North
Wales Borough for which North Wales Borough has determined to be of
local, state or national historical and/or architectural significance.
A.
The North Wales Borough Historic Preservation District shall be described
in writing in this section and delineated on the Land Use Plan element
of the North Wales Borough Comprehensive Plan Update: 1998, which
shall be considered the official Historic Preservation District Map.[1]
[1]
Editor's Note: A copy of said map is included in a pocket
at the end of this volume.
B.
The official Historic Preservation District Map shall be signed by
the North Wales Borough Council and located in the office of the Zoning
Officer.
C.
The North Wales Borough Historic Preservation District shall be an
overlay to the existing or hereafter created underlying districts
as shown on the Zoning Map.
(1)
Should the Historic Preservation District be declared inapplicable
to any tract by reason of action of the Borough Council in amending
this chapter, or the Zoning Officer, the Zoning Hearing Board or any
court of competent jurisdiction in interpreting the same; or the Zoning
Hearing Board or any court of competent jurisdiction in determining
a legal effect of the same, the zoning applicable to such lot shall
be deemed to be the district in which it is located without consideration
of this chapter.
(2)
Should the zoning of any parcel or any part thereof which the Historic
Preservation District is located be changed through any legislative
or administrative actions or judicial discretion, such change shall
have no effect on the Historic Preservation Overlay District unless
such change was included as part of the original application.
Where uncertainty and/or discrepancies exist as to the boundaries
of the districts as shown on the official North Wales Borough Historic
Preservation District Map and/or as described in the above, the following
rules shall apply:
A.
Boundaries indicated as approximately following the center lines
of streets, highways or alleys shall be construed to follow such center
lines.
B.
Boundaries indicated as approximately following plotted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as parallel to or extensions of features indicated
in the above shall be so construed. Distances not specifically indicated
on the official Historic Preservation District Map shall be determined
by the scale of the map.
D.
Where physical or cultural features existing on the ground are at
variance with those shown on the official Historic Preservation District
Map, or in other circumstances not covered by the above, the Borough
Council shall interpret the boundaries of the district.
A.
An Historical Architectural Review Board, hereafter referred to as
"HARB," is hereby established to be composed of seven members and
two alternates appointed by the North Wales Borough Council. The membership
of HARB shall be as follows:
(1)
One member shall be a registered architect;
(2)
One member shall be a licensed real estate broker;
(3)
One member shall be the Building Inspector;
(4)
One member may be an AICP (American Institute of Certified Planners)
certified planner with knowledge of and interest in the preservation
of historic districts;
(5)
One member may be a Planning Commission member with knowledge of
and interest in the preservation of historic districts;
(6)
One member may be an attorney with knowledge of and interest in the
preservation of historic districts; and
(7)
Two or more member(s) shall be persons with demonstrated interest,
knowledge, ability, experience or expertise in restoration, historic
rehabilitation or neighborhood conservation or revitalization who
have interest in the preservation of the Historic Preservation District(s)
and are property owners who reside as follows:
B.
The initial terms of the first member shall be so fixed that no more
than two members shall be replaced or reappointed during any one calendar
year. Their successors shall serve for a term of five years. The position
of any member of HARB appointed in his capacity such as a registered
architect, a licensed real estate broker, Building Inspector, Planning
Commission member, etc., 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.
C.
The HARB members are required to disqualify themselves from voting
on any project in which their own financial interests are directly
or indirectly involved.
A.
Advisory role. The HARB shall give recommendations to the North Wales
Borough Council regarding the advisability of issuing any certificate
of appropriateness required to be issued in accordance with said Act
of June 13, 1961, as amended,[1] and this chapter.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
B.
Board rule-making power. The HARB may make and alter rules and regulations
for its own organization and procedure, provided that they are consistent
with the laws of the commonwealth and all provisions of this chapter.
C.
Removal of members. Any Board member may be removed for misconduct
or wrongdoing, unlawful execution of this chapter, or failure to perform
his or her responsibilities pursuant to this chapter, or for other
just cause by a majority vote of Borough Council, but not before he
or she has been given the opportunity of a hearing to defend to any
alleged infractions of said article.
D.
Annual reports. The members of HARB shall make an annual report to
the North Wales Borough Council which shall include:
(1)
Any recommendations for changes in this chapter.
(2)
The number and types of cases reviewed.
(3)
The number of cases for which a certificate of appropriateness was
either approved or denied.
(4)
Number of HARB meetings which each member attended.
(5)
Historic preservation related training which each member attended.
(6)
A narrative summary describing the state of preservation in the North
Wales Borough Historic Preservation District with recommendations
in policy, goals and objectives for North Wales Borough Council consideration.
E.
Compensation. The HARB may, in accordance with appropriations by
the North Wales Borough Council, employ secretarial assistants and
incur other necessary expenses.
F.
Meetings. The HARB shall meet publicly at least once a year at regularly
scheduled intervals. Further, HARB may hold any additional meetings
it considers necessary to carry out its powers and duties indicated
in this chapter. Such meetings shall be open to the public. A majority
of HARB shall constitute a quorum and action taken at any meeting
shall require the affirmative vote of a majority of the seven members
of HARB.
In addition to the above, HARB shall have the following powers
and duties:
A.
To conduct a survey of buildings for the purpose of determining those
of historic and/or architectural significance and pertinent facts
about them; action in coordination with the North Wales Borough Planning
Commission and other appropriate groups and to maintain and periodically
revise the detailed listings of historic sites and buildings and data
about them, appropriately classified with respect to national, state
or local significance, to period or field of interest or otherwise.
B.
To propose, from time to time as deemed appropriate, the establishment
of additional historic districts and revisions to existing historic
districts.
C.
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic and/or architectural sites
and buildings, including proposals for the installation and care of
such historic markers.
D.
To formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the North Wales
Borough historic and/or architectural sites and buildings.
E.
To cooperate with and advise the North Wales Borough Council, the
North Wales Borough Planning Commission and other North Wales Borough
agencies in matters involving historically and/or architecturally
significant sites and buildings (such as appropriate land usage, parking
facilities and signs, as well as adherence to lot dimensional regulations
and minimum structural standards).
F.
To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, the Pennsylvania Historical
and Museum Commission and other agencies, public and private, from
time to time, concerned with historic sites and buildings.
G.
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
H.
To promote public interest in the purpose of this chapter by carrying
on a public relations program.
In determining the recommendations to be made to the North Wales
Borough Council concerning the issuance of a certificate of appropriateness,
HARB shall consider only those matters that are pertinent to the preservation
of this historic and/or architectural aspect and nature of the building,
site, area or district, certified to have historical significance,
including the following:
A.
Broad historical values representing the cultural, political, economic
or social history of North Wales Borough.
B.
The relationship of the building or structure to historic personages
or events.
C.
Significant architectural types representative of a certain historical
period and a style of method of construction.
D.
The effect of the proposed change upon the general historic and architectural
nature of the district.
E.
The appropriateness of the exterior architectural features which
can be seen from a public street.
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 of structures in the district. Consideration
shall be given but not limited to the following:
(1)
Proportion of building(s) front facades. The relationship between
the width of the front of the building and the height of the front
of the building.
(2)
Proportion of openings within the building. The relationship of width
to height of windows and doors.
(3)
Rhythms of solids to voids in the front facade. Since rhythm is a
repeated and recurrent alteration of strong and weak architectural
elements, a rhythm of masses to openings in a building should be maintained.
(4)
Rhythm of spacing of buildings on streets. In moving past a series
of buildings, a rhythm of recurrent or repeated building masses to
spaces between them should be experienced.
(5)
Rhythm of entrance and/or porch projections. Moving past a series
of structures, one experiences a rhythm of entrances or projections
at an intimate scale.
(6)
Relationship of materials. Within an area the predominant materials
may be brick, stone, stucco, wood siding or other material.
(7)
Relationship of textures. The predominant textures of an area may
be smooth, such as stucco, or rough, as bricks with tooled joints
or horizontal wood siding or other textures.
(8)
Relationship of color. Insofar as the mass and detail such as trim
are concerned, a predominant color that may be of a natural material
or a patina colored by time. Blending colors of trim is also a factor.
(9)
Relationship of architectural details. Architectural details and
their relationship to the structure in question and adjacent ones,
including but not limited to cornices, lintels, arches, quoins, balustrades
and iron work, chimneys, etc.
(10)
Relationship of roof shapes. Buildings should have compatible
roof shapes such as gable, mansard, hip, flat, gambrel and/or other
kinds of roof shapes.
(11)
Walls of continuity. Physical ingredients such as brick walls,
wrought iron fences, evergreen landscape masses, building facades
or combinations of these form continuous, cohesive walls of enclosures
along the street.
(12)
Directional expression of front elevation. Preserving the orientation
of structural shapes, plan of openings and architectural detail that
reflect a predominantly vertical or horizontal character to the building's
facade.
(13)
Scale. Scale is created by the size of units of construction
and architectural detail that relate to the size of man. It can also
be determined by building mass and how it relates to open space. The
major elements of scale may be brick or stone units, window or door
openings, porches and balconies, etc.
(14)
In making its recommendation, the HARB shall also consider the
specific elements of a property, including such features as traffic
gates, fences, railings, windows, doors, porches, balustrades, columns,
balconies, facades and roof, whether in the nature of replacements
or just repairs, even though these features may not necessarily require
formal building permits under other codes of the Borough.
G.
Financial feasibility.
(1)
The HARB shall consider the financial feasibility of its recommendations
in response to a request for a certificate of appropriateness or building
permit for the erection, reconstruction, alteration and restoration
of a building or structure. Financial feasibility shall be determined
by the HARB on the basis of an unreasonable cost for repair or replacement
in-kind of whole or part of a building or structure.
(2)
The applicant shall submit a minimum of three estimates from bona
fide contractors and/or vendors substantiating his or her claim that
the financial feasibility of repair in-kind is unreasonable. The Board
shall determine as to the condition of said architectural feature
based on its inspection, photographs or report from the Building Inspector
or preservation staff or consultant. No substitute material shall
be approved which is inappropriate, incompatible or is destructive
or has the potential to be destructive to the original fabric of the
building or structure.
H.
Variations. The HARB shall grant variations in a manner that will
be in harmony with the character of the other buildings or structures
on the street and/or districts.
I.
The height of any new building or structure shall not exceed the
height of the tallest adjacent building or structure by 10%. This
requirement shall also apply to any proposed modifications to existing
buildings or structures.
J.
In such rare cases where the HARB recommends and the North Wales
Borough Council approves demolition of an historic building or structure
a good faith effort shall be made by North Wales Borough and the owner(s)
to move said building or structure to a proximate site. If moving
a building or structure slated to be demolished is economically or
practically infeasible, efforts shall be made to salvage architectural
features of said building or structure for use within North Wales
Borough.
K.
Upon review by the HARB, structures determined to be noncontributing
to the historic value and architectural character of the district
will not be required to obtain a certificate of appropriateness.
Signs shall comply with the sign regulations of Chapter 208, Zoning,[1] and if in conflict the following additional standards
shall apply:
A.
No sign or permanent external advertising display of any kind shall
be erected, altered or used in the Historic Preservation District
except for advertising informing the public or service, business,
occupation or profession carried on, in or about the property on which
such sign or permanent external advertising display appears. In conjunction
with this, no such sign or advertising display of any kind or for
any purpose shall be erected or altered until an application for permit
to make such erection or alteration has been reviewed by HARB for
its conformity in exterior material composition, exterior structural
design, external appearance and size with similar advertising or information
media used in the architectural period of the district and a permit
granted thereon.
B.
All other requirements of any Borough ordinance must be complied
with. Historical markers may be authorized by HARB subject to the
provisions stipulated and such markers shall not be considered as
signs but are to be erected in accordance with the requirements established
for the historic markers by HARB.
[1]
Editor's Note: A copy of the Zoning Ordinance is on file
in the Borough offices.
A.
Upon receipt of a completed application for a building permit or
a certificate of appropriateness for work to be done in the district,
the Building Inspector or Zoning Officer shall act in accordance with
the procedures then being followed in that office, except those procedures
that are modified by the following requirements:
(1)
The Building Inspector or Zoning Officer shall determine whether
the work proposed needs to be forwarded to HARB staff for administrative
approval review.
(2)
The Building Inspector or Zoning Officer shall not issue a building
permit, nor allow for any erection, alteration, reconstruction, repair,
restoration or demolition of all or part of any building in the district
until the North Wales Borough Council has issued a certificate of
appropriateness (COA). If the Building Inspector or his or her representative
issues a building permit without a COA due to an administrative or
clerical error, said building permit shall be voided.
(3)
In those instances where the HARB determines the subject of the application
need not obtain a certificate of appropriateness — such as in
the case of a noncontributing structure — then the application
shall be returned to the Zoning Officer with a reason for why a certificate
of appropriateness is not required.
(4)
The Building Inspector or Zoning Officer shall require applicants
to submit adequate information to show the existing features and proposed
changes so that HARB and Borough Council have sufficient information
to make a decision about the issuance of a COA.
(5)
The Building Inspector shall maintain in his office a record of all
such applications and final dispositions of the same.
B.
Board review of applications. Upon receipt of any application under
the jurisdiction of this chapter, HARB shall consider such at its
next regularly scheduled meeting or special meeting.
C.
Notification of applicant of HARB meeting. The person(s) applying
for the permit shall be advised of the time and place of said meeting
and be invited to appear to explain his reasons therefor at least
seven days prior to the meeting. The HARB may invite such other persons
as it desires to attend its meeting.
D.
Design guidelines. In determining the recommendations to be presented to the North Wales Borough Council concerning the issuing of a certificate of appropriateness authorizing a permit for the construction, alteration, reconstruction, repair, restoration or demolition of all or a part of any building within the Historic Preservation District, HARB shall consider the design guidelines set forth in §§ 130-10 and 130-11.
E.
Time frame for Board decision. The HARB shall render a decision and recommendation on any application under its review no later than 30 working days after the hearing/meeting provided for in § 130-8 of this chapter and submit, in writing, to the North Wales Borough Council recommendations concerning the issuance of a certificate of appropriateness.
F.
Application disapproval by HARB. If the HARB decides to advise against
the granting of a certificate of appropriateness, it shall notify
the applicant in writing. The disapproval shall indicate to the applicant
the changes in plans and specifications, if any, which would protect
the distinctive historical character of the Historic Preservation
District. The HARB shall withhold its report for a period of five
days 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 necessary changes, he shall so advise the HARB,
which shall in turn advise the North Wales Borough Council accordingly.
G.
Contents of written report. The written report to North Wales Borough
Council concerning HARB's recommendations on the issuance of
a certificate of appropriateness shall set out the following matters:
(1)
The exact location of the area in which the work is to be done.
(2)
The exterior changes to be made or the exterior characters of the
structure to be erected.
(3)
A list of the surrounding structures with their general exterior
characteristics.
(4)
The effect of the proposed change upon the general historic and architectural
nature of the district.
(5)
The appropriateness of exterior architectural features of the building
principal public street facade visible from the public street right-of-way.
(6)
The general design, arrangement, texture and material of the building
or structure and the relation of such factors to similar features
of building or structures in the district.
(7)
The opinion of 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.
(8)
The specific recommendations to North Wales Borough Council of HARB
based on findings of fact as to the issuance or its refusal to issue
a certificate of appropriateness.
H.
Notification of applicant by the North Wales Borough Council of its consideration. Upon receipt of the written report from HARB as provided in Subsection G of this section, the North Wales Borough Council shall consider, at the next regularly scheduled or special meeting, the question of issuing to the Zoning Officer a certificate of appropriateness authorizing work covered by the application. The applicant shall be advised by the North Wales Borough Secretary of the time and place of the meeting at which his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing the said application.
I.
Design guidelines. In determining whether or not to certify to the appropriateness of the proposed construction, alteration, reconstruction, repair, restoration or demolition of all or a part of any building within the Historic Preservation District, the North Wales Borough Council shall consider the same factors as HARB set forth in §§ 130-10 and 130-11 of this chapter and the report of the Board.
J.
Approval by the North Wales Borough Council. If the North Wales Borough
Council approves the application, it shall issue a certificate of
appropriateness authorizing the Zoning Officer to issue a permit for
the work covered or where no permit is required notify the applicant
that work has been authorized.
K.
Disapproval by the North Wales Borough Council.
(1)
If the North Wales Borough disapproves, it shall do so, in writing,
and copies shall be given to the Zoning Officer, 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.
(2)
Upon receipt of a written disapproval of the North Wales Borough
Council, the Zoning Officer shall disapprove the application for a
building permit, or otherwise not permit work to be done, and so advise
the applicant. The applicant may appeal from the disapproval as provided
by law.
L.
Final notification by the North Wales Borough Council. In either
case, the North Wales Borough Council shall notify the applicant within
five days of its meeting at which the application was considered.
A.
When a claim of unreasonable economic hardship is made due to the
effect of this chapter, the owner of record must present evidence
sufficient to prove that as a result of the HARB's action, he
is unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The owner of record shall submit by affidavit
to the HARB information which shall include but not be limited to
the following:
(1)
Date the property was acquired by its current owner.
(2)
Price paid for the property (if acquired by purchase) and the relationship
(if any) between the buyer and the seller of the property.
(3)
Mortgage history of the property, including current mortgage.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Appraisals of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property.
(10)
All appraisals obtained within the previous two years by the
owner or applicant in connection with purchase, offerings for sale,
financing or ownership of the property, or state that none was obtained.
(11)
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
(12)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of the planning board for changes necessary for it to approve a certificate
of appropriateness.
(13)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
B.
The HARB may require that an applicant furnish additional information
relevant to its determination of unreasonable economic hardship.
C.
The HARB may receive and consider studies and economic analyses from
other Borough agencies and from private organizations relating to
the property in question.
D.
Should the HARB determine that the owner's present return is
not reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The HARB may choose to recommend to the Borough that special
economic incentives be developed to assist the owner of the resource
in maintaining it and obtaining a suitable economic return or achieving
a reasonable beneficial use.
E.
The HARB may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the HARB chooses
to explore such options, the HARB may delay issuing a certificate
of appropriateness for demolition on the basis of economic hardship
for a period of 90 days in addition to time periods otherwise applicable.
F.
Should the applicant satisfy the HARB that he will suffer an unreasonable
economic hardship if a certificate of appropriateness is not approved,
and should the HARB be unable to develop with the Borough or appropriate
local, statewide and national preservation organization a solution
which can relieve the owner's economic hardship, the HARB must
approve a certificate of appropriateness for demolition.
All buildings and structures within the North Wales Borough
Historic Preservation District shall be maintained in good repair,
structurally sound and reasonably protected against decay and deterioration.
Examples of such deterioration include:
A.
Deterioration of exterior walls or other vertical supports.
B.
Deterioration of roofs or other horizontal members.
C.
Deterioration of exterior chimneys.
D.
Deterioration of crumbling of exterior stucco or mortar.
E.
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
F.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that a demolition is necessary for the
public safety.
The Building Inspector shall serve a notice of violation on
the person in violation of this chapter which would result in but
not be limited to failure to apply for a certificate of appropriateness
or a building permit required for the erection, reconstruction, alteration,
repair, restoration, demolition, demolition by neglect, or razing
of any contributing building or structure which can be seen from a
public right-of-way; and failure to comply with HARB-approved work.
Such notice shall direct the abatement of said violation.
The Building Inspector, Borough Manager or his designated representative
shall have the power to institute any proceedings at law or in equity
necessary for the enforcement of this chapter.
Any person, property owner, occupant, firm or contractor failing
to obtain a building permit or certificate of appropriateness pursuant
to this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $300 plus costs of such proceedings for each
day the violation is unabated.
The provisions of this chapter may be amended in the future
by the North Wales Borough Council after notice and hearing as provided
by law.
Immediately upon the adoption of this chapter, the North Wales
Borough Secretary shall forward a copy thereof to the Pennsylvania
Historical and Museum Commission. This chapter shall not take effect
until the said Commission has certified, by resolution, to the historical
significance of the North Wales Borough Historic Preservation District;
and it has been duly advertised once in the newspaper of general circulation
in the North Wales Borough as required by law.
