Township of Upper Makefield, PA Chapter 4 Buildings

[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Makefield as indicated in part histories. Amendments noted where applicable.]

GENERAL REFERENCES

Code enforcement — See Ch. 5.

Fire prevention and fire protection — See Ch. 7.

Subdivision and land development — See Ch. 22.

Part 1 Numbering Buildings

[Adopted 12-18-1979 by Ord. No. 71]

 

§ 4-101 Definitions.

As used in this Part, the following terms shall have the meanings indicated:

BUILDING

Any structure used or intended to be used as a dwelling or place of business or industry, or any other use requiring a location identity, but shall not include any accessory building located upon a lot where there is also a main building.

§ 4-102 Street number plan.

The map known as Upper Makefield Township Street Number Plan bearing the same date as this Part is hereby incorporated into this Part. Said map shall be maintained current by the addition of new buildings, as constructed, by the Township Secretary.

§ 4-103 Notification of owners.

It shall be the duty of the Township to notify present owners of properties of the new number which has been assigned to said properties which will require a number, and it shall be the duty of such owner so notified within 30 days to comply with the further provisions of this Part.

§ 4-104 Number requirements. [1]

Numbers, as assigned to each building in the Township according to the provisions of this Part, shall be affixed to or painted upon or carved upon such building or upon a permanent standard, base or support between such building and street in accordance with the Township-adopted International Property Maintenance Code.

[1] Editor's Note: Amended at time of adoption of Code revisions (see Ch. AO, Adopting Ordinance, Part 2).

§ 4-105 Application for official number.

Whenever a building shall hereafter be erected in the Township, the owner thereof shall forthwith apply to the Township Secretary for the official number thereof. The number shall be assigned by the Township Secretary in conformity with the requirement set forth in this Part for numbers for existing buildings and shall, within 30 days after being assigned to such building, be affixed by the owner thereof in the manner required by this Part in the case of existing buildings and shall thereafter be maintained as hereby required for the numbers of existing buildings.

§ 4-106 Amendments.

The aforementioned Upper Makefield Township street number plan, bearing even date herewith, may be amended by resolution of the Board of Supervisors in order to be maintained.

Part 2 Historic Districts

[Adopted 11-6-1996 by Ord. No. 192]

 

§ 4-201 Establishment.

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," being Act No. 167 of 1961, as amended,[1] adopted by the General Assembly of the Commonwealth and approved by the Governor of the Commonwealth on June 13, 1961, and to protect a portion of the Township which recalls the rich architectural and cultural heritage of the Township 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 Township, there is hereby established in the Township an historic district to be known as the "Village of Brownsburg Historic District" and "Village of Dolington Historic District."

[1] Editor's Note: See 53 P.S. § 8001 et seq.

§ 4-202 Description.

1. The description of the Village of Brownsburg Historic District is as follows:

All that certain tract or parcel of land situate in the Township designated as the Historic District in the Village of Brownsburg, described in accordance with and by extrapolation from deeds of record by All County, Inc., Surveying Engineers, Washington Crossing, Pennsylvania, as follows:

Beginning at a point in River Road (SR 32), 33 feet wide, the southeasterly corner of lands now or late of Wood Edge Farms Assoc.;

Thence (A) following along such lands, South 58 degrees 42 minutes 32 seconds West, 190.14 feet to a point;

Thence through such lands of Wood Edge Farms Assoc. parallel with and 150.0 feet southwest of the southwesterly right-of-way line of River Road the following two courses and distances;

B. North 60 degrees 10 minutes West, 472.57 feet to a point; and

C. North 46 degrees 42 minutes West, 564.58 feet to a point in line of lands now or late of Levon D. and Dolores L. Yazujian;

Thence following along such lands the following three courses and distances;

D. South 61 degrees 00 minutes West, 736.21 feet to a point, a corner;

E. North 47 degrees 27 minutes West, 195.93 feet to a point, a corner; and

F. North 42 degrees 33 minutes East, 700.99 feet to a point;

Thence (G) through lands now or late of George M. Kudra, parallel with and 150.0 feet southwest of the southwesterly right-of-way line of River Road, North 47 degrees 45 minutes West, 573.27 feet to a point in line of lands now or late of William H. Thornton, Jr.;

Thence following along such lands the following three courses and distances:

H. South 42 degrees 15 minutes West, 40.90 feet to a point, a corner; and

I. North 47 degrees 45 minutes West, 150.00 feet to a point, a corner; and

J. North 42 degrees 15 minutes East, 40.90 feet to a point;

Thence (K) through such lands of Kudra, parallel with and 150.0 feet southwest of the southwesterly right-of-way line of River Road, North 47 degrees 45 minutes West, 166.63 feet to a point in line of lands now or late of James P. and Margaret M. Clark;

Thence (L) through such lands, parallel with and 150.0 feet southwest of the southwesterly right-of-way line of River Road, North 47 degrees 45 minutes West, 640.18 feet to a point in line of lands now or late of David W. and Jane S. Brink;

Thence following along such lands the following two courses and distances:

M. South 85 degrees 24 minutes 14 seconds West (erroneously shown as South 82 degrees 24 minutes 14 seconds West in the recorded deed), 272.69 feet to a point, a corner; and

N. North 39 degrees 54 minutes East, 178.10 feet to a point, a corner of such lands and of lands now or late of John F. Jr. and Kathleen M. Good;

Thence (O) following along such lands of Good along lands now or late of Walter S. Goodwin, North 45 degrees 00 minutes West, 112.00 feet to a point, a corner;

Thence (P) following along such lands of Goodwin, North 39 degrees 30 minutes East, 26.65 feet to a point;

Thence (Q) through lands now or late of the James P. and Margaret M. Clark Estate, parallel with and 150.0 feet southwest of the southwesterly right-of-way line of River Road, and crossing Brownsburg Road East (TR 369), North 46 degrees 00 minutes West 983.90 feet to a point in line of lands now or late of William A. Jr. and Barbara A. Powel;

Thence following along such lands the following two courses and distances;

R. South 45 degrees 00 minutes West, 28.20 feet to a point, a corner; and

S. North 45 degrees 00 minutes West, 55.94 feet to a point, a corner of lands now or late of Christopher and Anna Lena S. Bromberg;

Thence (T) following along such lands, North 46 degrees 00 minutes West, 55.94 feet to a point, a corner of lands now or late of Robert and Marian Myers;

Thence (U) following along such lands, North 46 degrees 29 minutes West, 89.12 feet to a point, a corner in line of lands now or late of James L. and Nancy L. Kritzer;

Thence following along such lands the following two courses and distances:

V. South 58 degrees 00 minutes West, 133.39 feet to a point, a corner; and

W. North 20 degrees 00 minutes West, 240.0 feet more or less to a point;

Thence through lands now or late of Vergil and Julia S. Kauffman and including the driveway, dwelling, barn and all outbuildings, the following seven courses and distances:

X. South 75 degrees 30 minutes West, 1,030.0 feet more or less to a point;

Y. South 45 degrees 00 minutes East, 100.0 feet more or less to a point;

Z. South 45 degrees 00 minutes West, 400.0 feet more or less to a point;

AA. North 45 degrees 00 minutes West, 700.0 feet more or less to a point;

BB. North 45 degrees 00 minutes East, 400.0 feet more or less to a point;

CC. South 45 degrees 00 minutes East, 370.0 feet more or less to a point; and

DD. North 75 degrees 30 minutes East, 1,300.0 feet more or less to a point in line of such lands of Kauffman, in River Road;

Thence (EE) following along such lands and along River Road, South 45 degrees 00 minutes East, 370.0 feet more or less to a point, at corner of lands now or late of Timothy J. and Cheryl L. Boerchel;

Thence (FF) following along such lands, North 37 degrees 30 minutes East, 403.20 feet to a point, a corner;

Thence (GG) following along such lands of Boerchel, along lands now or late of John D. and JoAnne P. Kreuter, and partly along lands now or late of Wolfgang F. and Margaret S. Dietz, South 46 degrees 00 minutes East, 272.64 feet to a point;

Thence through lands now or late of Louis F. and Ottilie R. Floge and including the dwelling, barn and all outbuildings, the following courses and distances:

HH. North 31 degrees 00 minutes East, 398.0 feet more or less to a point;

II. North 46 degrees 00 minutes West, 240.0 feet more or less to a point;

JJ. North 44 degrees 00 minutes East, crossing the Delaware Division of the Pennsylvania Canal, 463.0 feet more or less to the low water line of the Delaware River, being in line of such lands of Floge;

Thence following along such lands and along such low water line the following two courses and distances:

KK. South 30 degrees 30 minutes East, 385.0 feet more or less to a point, a corner; and

LL. South 47 degrees 30 minutes East, 140.0 feet more or less to a point;

Thence through such lands of Floge the following courses and distances:

MM. South 44 degrees 00 minutes West, recrossing the Delaware Division of the Pennsylvania Canal, 360.0 feet more or less to a point;

NN. North 46 degrees 00 minutes West, 115.0 feet more or less to a point; and

OO. South 31 degrees 00 minutes West, 388.0 feet more or less to a point in line of lands now or late of Wolfgang F. and Margaret S. Dietz, aforesaid;

Thence following along such lands the following two courses and distances:

PP. South 39 degrees 34 minutes East, 184.78 feet to a point, a corner; and

QQ. South 50 degrees 00 minutes West, 360.83 feet to a point;

Thence (RR) through lands now or late of Joseph Vas, formerly part of the James P. Clark Estate, parallel with and 30.0 feet northeast of the northeasterly right-of-way line of River Road (33.0 feet wide), South 40 degrees 00 East, 894.73 feet to a point in line of lands now or late of George and Martha Leona Mikhail;

Thence (SS) through such lands, parallel with and 30.0 feet northeast of the northeasterly right-of-way line of River Road, South now or late of Paul Andrew and Ruth M. Sullivan;

Thence following along such lands the following two courses and distances:

TT. North 59 degrees 45 minutes East, 372.18 feet to a point, a corner; and

UU. South 47 degrees 15 minutes East, 101.00 feet to a point, a corner in line of lands now or late of Morgan H. and Edwina Adams;

Thence (VV) through such lands, South 45 degrees 00 minutes East, 920.70 feet to a point in line of such lands;

Thence (WW) following along such lands, South 63 degrees 30 minutes West, 220.45 feet to a point, a corner of aforesaid lands of Levon D. and Dolores L. Yazujian;

Thence following along such lands the following two courses and distances:

XX. South 47 degrees 27 minutes East, 284.54 feet to a point, a corner;

YY. South 60 degrees 40 minutes West, 200.0 feet to a point, a corner, in River Road;

Thence (ZZ) still following along such lands of Yazujian and along River Road, South 47 degrees 27 minutes East, 481.17 feet to a point, a corner of aforesaid lands of Wood Edge Farms Assoc.;

Thence (AAA) following along such lands and continuing along River Road, South 46 degrees 42 minutes East, 481.17 feet to a point, a corner of lands now or late of Louis K. and Josephine Hall;

Thence (BBB) following along such lands and still along River Road, South 66 degrees 22 minutes East, 529.27 feet to a point, a corner of aforesaid lands of Wood Edge Farms Assoc.;

Thence (CCC) following along such land and continuing along River Road, South 60 degrees 10 minutes East, 15.48 feet to the point and place of beginning.

A plan of the aforesaid land, prepared by All County, Inc., is attached to the copy of original Ord. 63, 5/14/1979, on file in the office of the Township Secretary, and made a part thereof as Exhibit "A."

2. The description of the Historic District of the Village of Dolington is as follows:

All that certain tract or parcels of land situate in the Township of Upper Makefield, County of Bucks and Commonwealth of Pennsylvania is designated as the Historic District in the Village of Dolington, described in accordance with and by extrapolation from deeds of record by All County, Inc., Surveying Engineers of Washington Crossing, Pennsylvania, as follows:

Beginning at a corner of lands N/F Howard G. Balderston and Lester A. Balderston in the middle of the intersection of Lindenhurst Road (LR09026) with the Washington Crossing Road (SR532).

Thence (A) following along the middle of the Washington Crossing Road North 83 degrees 30 minutes East to a corner of land of N/F Paul P. and Suzanne Hayward.

Thence following along said lands of Hayward, the four following courses and distances:

B. North 6 degrees 30 minutes West, 16.50 feet, more or less to a corner.

C. Following along the arc of a circle curving to the right having a radius of 30.00 feet, the arc distance of 48.61 feet, more or less, to a corner.

D. North 3 degrees 40 minutes West, 161.96 feet, more or less, to a corner.

E. North 83 degrees 30 minutes East, 136.00 feet, more or less, to a corner in line of land of N/F Leroy S. Buckman.

Thence (F) following along said lands of Buckman and land of N/F Howard G. Balderston and through lands of N/F Howard G. Balderston and Lester A. Balderston North 3 degrees 40 minutes West, 1,621.40 feet, more or less, to a point in line of said lands of Howard G. Balderston and Lester A. Balderston and lands of N/F Walter D. Leedom.

Thence (G) following along said lands of Balderston and Leedom, North 86 degrees 20 minutes East, 1,023.00 feet, more or less, to a corner of said Leedom's land in the middle of the aforesaid Washington Crossing Road.

Thence (H) following along said Leedom's land, and also along the middle of the Washington Crossing Road and leaving said road, North 2 degrees 29 minutes West, 724.37 feet, more or less, to a point of intersection of the middle line of Washington Crossing Road in the middle of Dolington Road (TR 386).

Thence (I) continuing along lands of Leedom and partially along the middle of the Washington Crossing Road North 47 degrees 50 minutes 04 seconds East, 927.30 feet, more or less, to a corner in the middle of said road.

Thence (J) following along lands of N/F Walter D. Leedom, N/F Kenneth H. and Doris Manns, N/F David J. and Norma Manns, N/F Edwin D. and Frances Bielski, N/F Harold and Elizabeth S. McGary, and N/F Elizabeth Mathieu, South 3 degrees 09 minutes 56 seconds East, 3,068.00 feet, more or less, to a common corner of lands of N/F Walter J. and Henrietta Colender in line of lands of Alan S. and Sandra H. Telson.

Thence (K) through said lands of Telson and lands of N/F Elmer E. and Ann Harrison, Jr., North 86 degrees 15 minutes 34 seconds East, 442.40 feet, more or less, to a point in line of lands of N/F Victor R. and Alice Fortunato.

Thence (L) following along said lands of Fortunato and lands of N/F Eugene and Hidemi Huffman, North 3 degrees 44 minutes 26 seconds West, 501.03 feet, more or less, to a corner of said lands of Huffman.

Thence (M) following along lands of Huffman, North 61 degrees 46 minutes 04 seconds East, 355.47 feet, more or less, to a corner in a private land (50 feet wide R-O-W).

Thence following along the center line of the said private lane and lands of said private lane and lands of said Huffman and partially along lands of the aforesaid Fortunato, and lands of N/F John M. and Estelle Williams, the two following courses and distances;

(14) South 28 degrees 13 minutes 56 seconds East, 172.23 feet, more or less, to a point of curvature.

(15) Following along the arc of a circle curving to the right having a radius of 1,140 feet, the arc distance of 487.75 feet, more or less, to a point of tangency a corner of lands of said Williams.

Thence (16) through lands of Williams and lands of N/F Naomi C. Fox, North 86 degrees 15 minutes 34 seconds East, 435.83 feet, more or less, to a point in line of lands of N/F J. Augustus Cadwallader et ux, and said Fox.

Thence (17) following along said lands of Fox and Cadwallader and lands of N/F Albert A. and Jean A. Sander, Jr., North 1 degree 27 minutes 04 seconds East, 402.72 feet, more or less, to a corner of lands of Sander.

Thence along lands of Snader and two following courses and distances:

(18) South 88 degrees 32 minutes 56 seconds East, 552.11 feet, more or less, to a corner.

(19) South 4 degrees 17 minutes 56 seconds East, 621.19 feet, more or less, to a corner in the middle of Mt. Eyre Road (LR09025) in the Upper Makefield-Lower Makefield Township line.

Thence (20) following along the middle of Mt. Eyre Road and lands of said Sander and lands of N/F Edwin Morrell et ux, and N/F Naomi C. Fox and N/F John M. and Estelle Williams, and N/F Victor R. and Alice Fortunato, and N/F Elmer E. and Ann Harrison, Jr. and N/F Alan S. and Sandra H. Telson, and N/F Walter J. and Henrietta Colender and through lands of N/F Robert and Doris Sicard and along the Township line, South 86 degrees 15 minutes 34 seconds West, 2,150.97 feet, more or less.

Thence (21) through said lands of Sicard and following along lands of N/F Arthur A. and Mary Elizabeth Johnson and along the Township line, South 10 degrees 52 minutes West, to a corner of lands of Johnson in the Upper Makefield-Lower Makefield Township line.

Thence (22) following along said Township line along lands of Johnson and lands of N/F Mary A. Appenzeller, North 80 degrees 18 minutes West, 533.90 feet, more or less, to a corner of lands of Appenzeller.

Thence (23) continuing along the Upper Makefield-Lower Makefield Township line and lands of said Appenzeller, North 4 degrees 32 minutes East, 78.90 feet, more or less, to a corner of N/F Donald A. and Ester T. Balderston.

Thence (24) following along the said Township line and through lands of N/F Donald A. and Ester T. Balderston and along lands of N/F Richard and Janet L. Walker, and N/F Walter S. and Dorothea J. Evans, and N/F Willi F. and Kathleen M. Schiener, and N/F George N. and Esther W. Ashton and the aforesaid lands of Howard G. Balderston and Lester A. Balderston, South 83 degrees 27 minutes West, 1,234.14 feet, more or less, to a corner in the middle of the aforesaid Lindenhurst Road.

Thence (25) following along the middle of Lindenhurst Road and lands of Balderston, North 10 degrees 11 minutes West, 199.65 feet, more or less, to the first mentioned point and place of Beginning.

A plan of the aforedescribed land, prepared by All County, Inc., is attached herein and is make a part thereof as Exhibit A (a).

§ 4-203 Definitions.

The following words and phrases, when used in this Part, shall have the following meanings:

BOARD

The Upper Makefield Township Board of Historical Architectural Review.

BOARD OF SUPERVISORS

The Upper Makefield Township Board of Supervisors.

BUILDING INSPECTOR

The Upper Makefield Township Building Inspector.

DISTRICT

The Village of Brownsburg and the Village of Dolington Historic Districts.

TOWNSHIP

The Township of Upper Makefield.

§ 4-204 Effective date.

Immediately upon the adoption of this Part,[1] the Township Secretary shall forward a copy hereof to the Pennsylvania Historical and Museum Commission. This Part shall take effect upon certification by the Pennsylvania Historical Museum Commission of the historical significance of the Village of Brownsburg Historic District.

[1] Editor's Note: This originally cited Ord. No. 63, adopted 5-14-1979.

§ 4-205 Establishment of Board of Historical Architectural Review; composition; terms; vacancies; removal.

A. Upon receipt by the Township of the certified resolution of the Pennsylvania Historical and Museum Commission of the historical significance of the Village of Brownsburg Historic District, the Board of Historical Architectural Review shall be established by the Board of Supervisors.

B. The Board of Historical Architectural Review shall be composed of five members appointed by the Board of Supervisors. The Board shall be composed of at least one registered architect, at least one registered realtor, at least one Building Inspector and two additional persons with a knowledge of and an interest in the preservation of the district.[1]

[1] Editor's Note: Amended at time of adoption of Code revisions (see Ch. AO, Adopting Ordinance, Part 2).

C. This initial terms of the first five members of the Board shall be as follows: one member shall serve a term of one year, two members shall serve a term of two years and two members shall serve a term of five years, except that an appointment to fill a vacancy existing prior to the end of any term for which the member was appointed shall be only for the unexpired portion of that term.

D. Any member of the Board may be removed from office for misconduct, for consistent absence from meetings or for other just cause, by a majority vote of the Board of Supervisors following a hearing held for that purpose. The position of any member of the Board, appointed in his capacity as a registered architect or licensed real estate broker or the Building Inspector of the Township, who ceases to be so engaged, shall be automatically considered vacant.

§ 4-206 Authority of Board; quorum; compensation; report; employees; expenses.

A. The Board of Historical Architectural Review shall give counsel to the Board of Supervisors regarding the advisability of issuing any certificates required to be issued pursuant to this Part and the enabling legislation pursuant to which it was adopted. For this purpose, the Board may make and alter rules and regulations for its organization and procedures, consistent with the ordinance of the Township and the laws of the commonwealth.

B. 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 entire Board.

C. The members of the Board shall serve without compensation and shall make an annual report of their transactions to the Board of Supervisors.

D. The Board may, pursuant to appropriations by the Board of Supervisors, employ secretarial assistants, pay their salaries and wages and incur any expense whatsoever without a prior resolution of the Board of Supervisors authorizing such action.

§ 4-207 Certificate of appropriateness required.

Except for applications which are limited to interior modifications, the Building Inspector shall not issue a permit for any erection, reconstruction, authorization, restoration, demolition or razing of a building, in whole or in part, within the Village of Brownsburg and the Village of Dolington Historic Districts until the Board of Supervisors has issued a certificate of appropriateness.

§ 4-208 Duties of Building Inspector.

Upon receipt of an application for a building permit for work to be done in the Village of Brownsburg and the Village of Dolington Historic Districts, the Building Inspector shall act in accordance with the procedures being followed at the effective date of this section[1] in that office, except as to those procedures that are necessarily modified by the following requirements.

A. The Inspector 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 the plot plan and the building plans to scale and specifications filed by the applicant. The building plans and specifications filed by the applicant. The building plans and specifications required of any applicant shall be such as provide the minimum information necessary for the Board to make its evaluation of the proposed erection, reconstruction, alteration, restoration, demolition or razing and shall reflect in the plans, all pertinent elevations, general design, arrangement, texture, material and color of the building with structures in the relation of such fact as to similar features of buildings and structures in the 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 in this subsection is included herein.

B. The Inspector shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be an addition to and appropriately cross-referenced to his other records.

C. The Inspector shall require applicants to submit a sufficient number of additional copies of materials required to be attached to an application for the building permit to insure compliance with the foregoing.

[1] Editor's Note: This originally cited Ord. No. 63, adopted 5-14-1979.

§ 4-209 Meeting by Board to consider its counsel to Board of Supervisors.

Upon receipt by the Board of Historical Architectural Review of a notice that an application for a building permit for the erection, reconstruction, alteration, restoration, demolition or razing of a building or buildings within the Village of Brownsburg and the Village of Dolington Historic Districts has been filed with the Building Inspector, the Board shall schedule a meeting to consider the counsel which the Board will give to the Board of Supervisors. To insure consideration at a particular Board meeting, applications shall be submitted at least 17 days prior to such meeting. The person applying for the permit shall be given not less than five days' notice of the time and place of such meeting of the Board and that he may appear to explain his reasons therefor, provided that the applicant may execute and file a written waiver of the five-day notice requirement if he elects to do so in order that the meeting may be scheduled at an earlier date. The Board or the applicant may invite such other persons as it desires to attend its meeting.

§ 4-210 Considerations and determination of counsel to be given.

In determining the counsel to be presented to the Board of Supervisors concerning the issuance of a certificate of appropriateness for a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or part of the exterior of any building within the Village of Brownsburg and the Village of Dolington Historic Districts, the Board of Historical Architectural Review shall consider the following:

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.

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 and structures in the District.

§ 4-211 Procedure and counseling against granting certificate of appropriateness.

If the Board of Historical Architectural Review, 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 Village of Brownsburg and the Village of Dolington Historic Districts. The Board shall withhold its report to the Board of Supervisors following its decision until the applicant gives written notification to the Board whether or not he will abide by the suggested changes in his plans and specification or until the expiration of five days, whichever first occurs. If the applicant determines that he will make the suggested changes, he shall so advise the Board which shall counsel the Board of Supervisors accordingly.

§ 4-212 Report of Board concerning issuance of certificate of appropriateness.

The Board of Historical Architectural Review, after the meeting provided for in § 4-209 and after the making of any changes in the plans and specification as provided in § 4-211, shall submit to the Board of Supervisors, in writing, its counsel concerning the issuance of a certificate of appropriateness for the grant of refusal of a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the Village of Brownsburg and the Village of Dolington Historic Districts. The written report shall set forth the following matters:

A. The exact location of the area in which the work is to be done.

B. The exterior changes to be made or the exterior characteristics of the structures 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 features which can be seen from a public street or way.

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.

H. The specific counsel of the Board to issue or to refuse to issue a certificate of appropriateness.

§ 4-213 Consideration by Board of Supervisors; issuance or refusal of certificate.

Upon receipt of the written counsel of the Board of Historical Architectural Review as provided in § 4-212, the Board of Supervisors shall consider, at a regular or special meeting, the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for the work covered by the application. The Township Secretary shall give the applicant not less than five days' written notice of the time and place of the meeting at which his application will be considered and of the fact that he has the right to attend and be heard as to his reasons for filing the same; provided, that the applicant may execute and file a written waiver of the five-day notice requirement if he elects to do so in order that the meeting may be scheduled at an earlier date. 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, the Board of Supervisors shall consider the same factors as the Board considers pursuant to § 4-210 and the report of the Board. If the Board of Supervisors approves the application, it shall issue a certificate of appropriateness authorizing the Building Inspector to issue a permit for the work covered. If the Board of Supervisors disapproves, it shall do so in writing, giving reasons therefor, and a copy thereof shall be given to the applicant, to the Building Inspector 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 Village of Brownsburg and the Village of Dolington Historic Districts.

§ 4-214 Disapproval of application for building permit; appeal.

Upon receipt of the written disapproval of the Board of Supervisors, the Building Inspector shall disapprove the application for a building permit and so advise the applicant. The applicant may appeal from the disapproval as provided by law and the ordinances of the Township.

§ 4-215 Proceedings for enforcement.

The Building Inspector shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this Part in the same manner as in his enforcement of other building, zoning or planning legislation or regulations of the Township.

§ 4-216 Required notices.

Whenever any notice is required to be given to the applicant for a building permit, the requirements of such notice shall be satisfied by mailing to the applicant by certified mail a copy of such notice at the address given by the applicant on his application for a building permit.

§ 4-217 Violations and penalties.

Whoever violates or fails to comply with any of the provisions of this Part shall be fined not more than $250. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.