[HISTORY: Adopted by the Council of the Borough of Darby 12-20-2006 by Ord. No. 731, approved 12-20-2006. Amendments
noted where applicable.]
A.
It is hereby declared, as a matter of public policy, that the preservation
and protection of buildings and structural, architectural, cultural,
educational and aesthetic merit are public necessities and are, in
the interest of the health, prosperity and welfare of all the citizens
of Darby Borough.
B.
The purposes of this chapter are:
(1)
To identify and provide an opportunity to preserve historic building
and structures which are important to the education, culture, traditions
and economic values of all citizens of Darby Borough;
(2)
To maintain or improve property values in Darby Borough;
(3)
To retain and enhance historic properties which contribute to the
character of Darby Borough;
(4)
To encourage the restoration and rehabilitation of historic buildings
and structures within Darby Borough;
(5)
To enhance the attractiveness of Darby Borough, thereby supporting
and promoting business, commerce, industry and tourism, as well as
providing economic benefit to Darby Borough;
(6)
To foster civic pride in the historical, architectural, cultural,
and educational accomplishments of Darby Borough;
(7)
To promote the use of historic buildings and structures for the education,
pleasure and welfare of all citizens of Darby Borough;
(8)
To encourage orderly and efficient development that recognizes the
special value to Darby Borough of its fragile, nonrenewable historic
and cultural resources; and
(9)
To encourage public participation in identifying and preserving historical,
architectural and cultural resources through educational programs
and general awareness campaigns.
For the purpose of this chapter, the following words and phrases
shall have the meaning ascribed to them in this section:
Borough of Darby Council.
The Borough of Darby Code Enforcement Officer.
The erection of a new building, structure or object upon
a site.
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.
An individual, corporation, business trust, estate, trust
partnership, limited-liability company, association, joint venture,
governmental subdivision agency, or instrumentality or any other legal
or commercial entity.
Any structure on the National Register of Historic places or the Darby Borough Historical Site Survey list approved by the Council from time to time after consultation and advice with the Darby Borough Historical Commission as provided for in Chapter 11 of the Code of the Borough of Darby.
Darby Borough, Delaware County, Commonwealth of Pennsylvania.
A.
No person shall undertake demolition on any historic structure within
the Borough unless a demolition permit is first obtained from the
Code Enforcement Officer.
A.
To obtain a demolition permit for a historical structure, an applicant
must submit an application in writing on a form furnished by the Code
Enforcement Officer for that purpose, together with the applicable
fee(s). The fee for a demolition permit shall be based on the Borough
fee schedule. The minimum charge for the permit will be $150.
B.
The applicant shall submit three complete copies of the permit application.
The application shall contain:
(1)
Date of filing of application;
(2)
Name of applicant;
(3)
Address of building or structure to be demolished and owner of records
if different from applicant;
(4)
Description of the building or structure to be demolished, including
type of use, type of building construction, size and square footage
and number of stories;
(5)
Site plan showing all buildings, structures and features of the property;
(6)
Reasons for demolition;
(7)
Method of demolition and disposition of materials from demolition;
(8)
Approximate date of commencement and completion of demolition; and
(9)
Projected uses of the site following demolition of the building or
structure.
C.
The demolition permit applications shall be signed by the applicant
and such signature shall constitute a certification by the applicant
and such signature shall constitute a certification by the signer
that the information contained in the application is true and correct.
D.
Within 10 business days of receipt of an application for a demolition
permit, the Borough shall publish notice of the application in a daily
or weekly newspaper of substantial circulation in the Borough. The
Code Enforcement Officer shall also forward a copy of the demolition
permit applications by regular mail to the Darby Borough Historical
and Preservation Society and the Darby Borough Historical Commission
at their registered addresses. The notice required shall state the
following:
(1)
An application has been filed for a demolition permit of a historical
structure.
(2)
Unless written objection is filed with the Borough of Darby Code
Enforcement Department within 10 days of the publication of the notice,
the demolition permit will be issued after the expiration of such
ten-day period.
E.
If within 10 calendar days after publication of the notice in Subsection D hereof, no written objection to the permits issuance is filed with the Code Enforcement Department, then the demolition permit shall be issued to the applicant.
F.
If within 10 calendar days after the publication of the notice in Subsection D hereof an objection is filed with the Code Enforcement Department, the Code Enforcement Department shall notify the applicant of the objection and shall advise the applicant that if the applicant wishes to pursue the application, the applicant shall pay the fee for a hearing within 10 calendar days of the date of the notice. Upon receipt of the hearing fee, the Code Enforcement Officer shall forward the demolition permit application, together with all attachments, to the Council for its review. The objection shall be in writing and shall state the specific reasons for the objection. The hearing fee for a demolition permit shall be based on the Borough fee schedule.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
Borough offices.
G.
Within 60 days after Council's receipt of an application for a demolition
permit to which application an objection has been filed, or such later
period, not to exceed an additional 90 days as may be agreed to by
the Council and the applicant, the Council shall hold a public hearing
on the application and objections thereof and make a decision whether
to approve or deny the application for issuance of the demolition
permit. The person applying for the demolition permit shall be given
a minimum of 10 calendar days' advance written notice by mail of the
time and place of the hearing. The Council shall make a decision on
the application within 60 days following the close of the hearing,
unless otherwise agreed to by the Council and the applicant. Failure
of the Council to make a determination within the required time period
shall be deemed to constitute an approval of the application.
H.
At any time after filing an objection to the issuance of the permit,
the objecting party may withdraw the objection by giving written notice
of such withdrawal to the Council and the Code Enforcement Department
and, upon receipt of such withdrawal, provided the initial ten-day
period after publication has expired and provided there are no other
objections which remain outstanding, the permit shall be issued and
any pending public hearing on the permit shall be canceled.
I.
At the public hearing held on the application, the Council and the
applicant may agree to postpone the public hearing to a later date,
such postponement not to exceed an additional 60 days from the date
of that public hearing.
J.
After the hearing when the Council reviews an application for a demolition
permit, the Council shall consider the following factors, among other
factors deemed appropriate by the Council, before reaching its decision
on the application.
(1)
The purposes of this chapter.
(2)
The historical, architectural or aesthetic significance of the building
or structure.
(3)
The design and compatibility of the proposed work with the character
of its site, including the effect of the proposed work on neighboring
structures.
(4)
Whether the building or structure can be used for any purpose for
which it is or may be reasonably adapted. To that end, the owner must
demonstrate that the sale of the property is impracticable; that rental
cannot provide a reasonable rate of return; and that other potential
uses of the property are not feasible or available. The objector must
also provide his, her, or its recommendation for the continued use
of the building in question.
(5)
Where an application for demolition is based on economic hardship,
the Council may lessen its requirement in order to account for the
economic situation involved.
K.
Every decision of the Council shall be in writing and shall state
the reasons for the decision. The decision shall contain the findings
of fact that constitute the basis of the decision. The Council shall
furnish the applicant and objector with a copy of the Council's decision,
together with a copy of any recommendations the Council may have or
changes necessary before the application will be reconsidered by the
Council.
(1)
The Council may approve the application for a demolition permit subject
to conditions.
(2)
In cases where the Council approves the issuance of a demolition
permit the Council shall require that the building or structure be
recorded, at the applicant's expense, according to the documentation
standards of the Historic American Buildings Survey and the Historic
American Engineering Record (HABS/HAER), with such written, drafted
and photographic documentation being deposited with the Council and
any other historical preservation agency or group the Council deems
necessary. In no case will the applicant be forced to spend more than
an additional $200 on this survey. Any additional expenses will be
borne by the objecting party.
(3)
In the case of a demonstrated economic hardship, the Council may
prescribe a less stringent form of documentation.
(4)
In cases where the Council approves the issuance of a demolition
permit, the permit will be good for a six-month period unless upon
written request the Council agrees to extend the time.
This chapter 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 person aggrieved by a decision of the Council, may, within
30 days after receiving notice of the decision, seek judicial review
of that decision in any court of competent jurisdiction. Each applicant
shall offer interested citizens the opportunity to obtain photographs,
drawings, or other materials they feel would be relevant.
The following penalties and remedies shall be applicable to
violations of this chapter:
A.
Penalties.
(1)
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, or in default of payment of the fine, imprisonment not exceeding 90 days. Each day that a violation continues shall constitute a separate violation. All fines collected shall be deposited into the Borough general fund. At the discretion of the Council, these funds may be used for historic preservation, to further the achievement of the purpose described in § 12-1B.
B.
Remedies.
(1)
Notwithstanding the provisions of Subsection A of this section, any person who demolishes a building or structure in violation of the provisions of this chapter, or in violation of any conditions or requirements specified in a permit issued pursuant to this chapter, may be required to restore and/or relocate the building or structure involved to its appearance and/or location prior to the violation. Such restoration and/or relocation may be in addition to, and not in lieu of, any penalty or remedy available under this chapter or any other.
Upon the recommendation of the Darby Borough Historical Commission,
or after seeking the advice of the Darby Borough Historical Commission,
the Council may adopt a list of historical structures and may add
structures to the Borough list which the Council finds to be significant
to the Borough 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 Darby Borough Historic Sites Survey prepared by the
Delaware County Planning Department 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 Borough,
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 Borough, 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 known example of a design or use of material or style
of architecture within the Borough.
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 an 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 Borough due to its unique location or singular physical characteristic.
L.
May yielded or is likely to yield information of importance to the
Borough's, county's, commonwealth's, or United States history.
