[Ord. 1985-O-140, 5/6/1985, § 1]
It is the purpose of this Part to protect historic buildings
in the district, as hereinafter defined, within Newtown Township which
have a distinctive character recalling the rich architectural and
historical heritage of the Township, of Bucks County and of the Commonwealth
of Pennsylvania, and to promote the general welfare, education and
culture of the Township by encouraging an interest in its historical
heritage.
[Ord. 1985-O-140, 5/6/1985, § 2; as amended by
Ord. 2005-O-13, 8/24/2005, §§ I and II]
1.
Short Title. This Part shall be known and may be cited as the "Newtown
Township Historic Preservation Ordinance."
2.
Definition of Historic District. A legal description of the Historic
District shall be made available at the Township office.
3.
Historic District Map. The boundaries of the Historic District shall
be shown on the map as available for inspection at the Township office.
4.
Uses Allowed in the District. Any structure or property located within
the Historic District may be used as permitted in the zoning class
or classes as set forth in the Newtown Joint Municipal Zoning Chapter.
5.
Compliance.
A.
No structure located within the Historic District shall be erected,
reconstructed, altered, restored, demolished or razed, in whole or
in part, unless and until a Certificate of Appropriateness as hereinafter
provided has been issued by the Newtown Township Board of Supervisors.
B.
No sign located within the Historic District shall be erected, altered
or modified, in whole or in part, unless and until a Certificate of
Appropriateness as hereinafter provided has been issued by the Newtown
Township Board of Supervisors.
C.
No fence or landscape architectural feature located within the Historic
District shall be erected, altered or modified, in whole or in part,
unless and until a Certificate of Appropriateness as hereinafter provided
has been issued by the Newtown Township Board of Supervisors.
Exceptions. A Certificate of Appropriateness shall not be required
by the Township for the following:
(1)
Painting in kind (i.e., same color).
(2)
Interior modifications.
(3)
Maintenance or repairs in kind (i.e., same materials, same detailing).
(4)
Alterations or modifications not visible from public street
or way.
(5)
Temporary emergency repairs (subject to future review by the
Board of Historical Architectural Review).
6.
Effective Date. Immediately upon the adoption of this Part, the Township
Manager shall forward a copy thereof to the Pennsylvania Historical
and Museum Commission. This Part shall not take effect until the said
Commission has certified, by resolution, to the historical significance
of the historic district included herein.
[Ord. 1985-O-140, 5/6/1985, § 3]
1.
Appointment. Upon receipt of the certifying resolution of the Pennsylvania
Historical and Museum Commission referred to in § 103(6)
hereof, the Township Board of Supervisors shall appoint a Board of
Historical Architectural Review (HARB).
2.
Membership and Terms.
A.
The Board of Historical Architectural Review (HARB) shall be composed
of seven members, one of whom shall be a registered architect, one
a licensed real estate broker, one the Newtown Township Building Inspector,
one a Newtown Township Planning Commission member, and three additional
persons who have a knowledge of and interest in the preservation of
historic buildings and districts. At least five members of the HARB
shall be Newtown Township residents. In making appointments of such
members, the Township Board of Supervisors shall, if feasible, give
preference to residents within the Historic District of Newtown Township.
B.
The terms for the HARB members shall be for four years, excepting
that of the Township Building Inspector and the Planning Commission
member who follow their official terms of office or as appointed.
The initial terms of the remaining five members of the HARB shall
be as follows: one shall serve through the last day of December 1986;
one shall serve through the last day of December 1987; one shall serve
through the last day of December 1988; and two shall serve through
the last day of December 1989. Their successors shall serve for a
term of four years except that an appointment to fill a vacancy existing
prior to the end of the term for which the member was appointed shall
be only for the unexpired portion of the term.
C.
There shall be no limit to the consecutive terms that can be served
by members of the HARB; however, any member may be removed for misconduct,
for consistent absence from meetings or for other just cause, by a
majority vote of all of the members of the Newtown Township Board
of Supervisors. The position of any member of the HARB appointed in
his/her capacity as a registered architect, a licensed real estate
broker, or as the Township Building Inspector who ceases to be so
employed, shall be automatically considered vacant.
3.
Compensation. The members of the Board of Historical Architectural
Review shall serve without compensation, but may be reimbursed for
direct expenses authorized by the Township Board of Supervisors.
4.
Conduct of Business. The Board of Historical Architectural Review
shall elect its own chairman and vice-chairman and create and fill
such other offices as it may determine. Officers shall serve annual
terms and may succeed themselves. The Board of Historical Architectural
Review may make and alter by-laws and rules and regulations to govern
its procedures consistent with the ordinances of Newtown Township
and the laws of the Commonwealth of Pennsylvania, shall keep a full
record of its business and shall annually make a written report of
its activities to the Township Board of Supervisors. Interim reports
may be made as often as may be necessary, or as required by the Township
Board of Supervisors.
A majority of the HARB shall constitute a quorum and action
taken at any meeting shall require the affirmative vote of a majority
of the HARB members present.
5.
Duties. The Board of Historical Architectural Review shall give counsel
to the Township Board of Supervisors regarding the advisability of
issuing any certificates which the Township Board of Supervisors is
required to issue pursuant to this Part and the Act of June 13, 1961,
and shall hold such meetings and render such reports as are required
by § 106 hereof. In determining the counsel to be given
to the Township Board of Supervisors relative to the issuance of a
Certificate of Appropriateness, the Board of Historical Architectural
Review shall consider only those matters that are pertinent to the
preservation of the historic aspect and nature of the structures located
within the Historic District.
If a member of the HARB is a parent, spouse, child or sibling
of the applicant or has a financial interest in the matter before
the HARB, such member of the HARB shall be disqualified from voting
on such application.
[Ord. 1985-O-140, 5/6/1985, § 4]
A Certificate of Appropriateness may be issued by the Township
Board of Supervisors of Newtown Township only after receiving a recommendation
of the Board of Historical Architectural Review. The HARB's recommendation
shall not be binding upon the Township Board of Supervisors. No building
or sign permit shall be issued within the defined Historic District
without receipt of a Certificate of Appropriateness, if one is required
under this Part.
[Ord. 1985-O-140, 5/6/1985, § 5; as amended by
Ord. 2005-O-13, 8/24/2005, § III]
Upon receipt of an application for a Certificate of Appropriateness
as required by this Part for work to be done in the Historic District,
the Township Zoning Officer or designee shall act in accordance with
the following procedures:
1.
Eight copies of the application shall be forwarded to the Office
of the Board of Historical Architectural Review, one for the HARB's
office file and seven to circulate among members of the HARB. The
application shall also include a copy of the plot plan and the building
plan and specifications filed by the applicant. In addition, the HARB
may request elevation drainage of any modification. The Township Zoning
Officer shall forward this material to the HARB within three days
of the receipt of the application. The HARB and the Township Zoning
Officer may define the information advisable for the applicant to
submit for a proper review of the application and shall inform the
applicant that additional information may be requested if necessary
for such proper review.
2.
One copy of the application for a Certificate of Appropriateness
and copies of the plans and specification filed with the application
shall be forwarded to the Newton Township Board of Supervisors.
3.
One copy of the application for a Certificate of Appropriateness
shall be forwarded to the Building Inspector of Newton Township.
4.
One copy of the application for a Certificate of Appropriateness
shall be forwarded to the Township Manager of Newton Township.
5.
The Zoning Officer shall maintain in the Township Building a record
of all such applications and of his/her handling and final disposition
of the same, which shall be in addition to and appropriately cross-referenced
to his/her other records.
[Ord. 1985-O-140, 5/6/1985, § 6]
1.
Meeting. Upon receipt by the HARB of notice that an application for
a Certificate of Appropriateness as required by this Part has been
filed with the Township Manager or designee, the HARB shall meet within
45 days of the date the application was filed to consider the advice
which the HARB will give to the Township Board of Supervisors. The
person applying for the permit shall be given not less than five working
days written notice of the time and place of said meeting of the HARB
and that he/she may appear to explain his/her reasons therefor; provided,
however, that the applicant may execute and file a written waiver
of the five day notice requirement if he/she elects to do so in order
that the meeting may be scheduled at an earlier date. The HARB or
the applicant may invite other persons as desired to attend the meeting.
2.
Consideration in Determination of Counsel to be Given. A review by
the Board of Historical Architectural Review is intended to ensure
that physical changes within the Historic District are in the spirit
of the existing building and/or its environment. In determining the
counsel to be presented to the Newtown Township Board of Supervisors
concerning the issuing of a Certificate of Appropriateness as required
by this Part, the HARB shall consider the following:
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 character of the
structure to be erected;
C.
A list of property owners of the surrounding structures, the appearance
of the surrounding structures preferably as shown through photographs,
or a verbal description thereof;
D.
The appropriateness of exterior architectural features including
signs which can be seen from a public street or right-of-way;
E.
The design guidelines outlined in the Commercial Reorganization Study
and Development Guidelines for Newtown Township;
F.
The Secretary of the Interior's Standards for Rehabilitation:
(1)
Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and that seek to create an earlier appearance shall be discouraged.
(4)
Changes that may have taken place in the course of time are
evidence of the history and development of a building, structure,
or site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical, or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural, or cultural
material, and such design is compatible with the size, scale, color,
material, and character of the property, neighborhood, or environment.
(10)
Wherever possible, new additions or alterations to structures
shall be done in such a manner that, if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
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The HARB shall not consider any matters not pertinent to the
historical aspect and nature of the District.
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3.
Procedure in Counseling for Grant of Certificate of Appropriateness.
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 within
five working days of its recommendation. The HARB will follow the
procedures specified in § 106(5).
4.
Procedure in Counseling Against Grant of Certificate of Appropriateness.
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 so notify
the application in writing within five working days of its recommendation.
5.
Report of HARB Concerning Issuance of Certificate of Appropriateness.
The HARB, after following the procedures set forth in § 106(1)
through § 106(4) of this Chapter shall submit to the Newtown
Township Board of Supervisors, in writing, its advice concerning the
issuance of a Certificate of Appropriateness as required by this Part.
The written report shall set out the following matters:
A.
Items listed in § 106(2)(A) through § 106(2)(F);
B.
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;
C.
The changes in plans or specifications, if any, which in the opinion
of the HARB would protect the distinctive character of the district;
D.
The specific advice of the HARB to issue or to refuse a Certificate
of Appropriateness.
6.
In the event the Board of Historical Architectural Review does not
act in accordance with § 106(1) through § 106(5)
of this Part, the application shall be referred to the Township Board
of Supervisors without recommendation from the HARB and it shall be
presumed by the Township Board of Supervisors that the application
was approved without amendment.
[Ord. 1985-O-140, 5/6/1985, § 7]
Upon receipt of the written advice of the Board of Historical
Architectural Review, the Township Board of Supervisors shall consider
at their 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 Township Manager or his/her designee of the time
and place of the meeting at which his/her application will be considered
and shall have the right to attend and be heard regarding his/her
application. Within the 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 Township.
In determining whether or not to issue a Certificate of Appropriateness,
the Township Board of Supervisors shall consider, among others, the
same factors considered by the Board of Historical Architectural Review
under § 106 of this Part and shall consider the report of
the HARB. If the Township Board of Supervisors approves the application,
they 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 Township Board of Supervisors disapproves the
application, the decision shall indicate what changes in plans and
specifications would 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 Township Board of Supervisors
may render its decision at the public meeting. The decision shall
be communicated in writing to the applicant, the Board of Historical
Architectural Review, the Building Inspector, the Zoning Officer and
the Pennsylvania Historical and Museum Commission within five days
of the decision. In the event the Township Board of Supervisors does
not tender its written decision to the applicant within five days
of the date a decision was rendered at a public meeting, it shall
be deemed that the Township Board of Supervisors 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.
[Ord. 1985-O-140, 5/6/1985, § 8]
Upon receipt of the written disapproval of the Township Board
of Supervisors, the Building Inspector 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. 1985-O-140, 5/6/1985, § 9]
Any decision of the Newtown Township Board of Supervisors under
this Part granting or denying a Certificate of Appropriateness shall
be subject to review and appeal to the Court of Common Pleas of Bucks
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, as amended, 53 P.S. § 11008,
et seq.
[Ord. 1985-O-140, 5/6/1985, § 10; as amended by
Ord. 97-O-22, 12/3/1997]
The Building Inspector or Zoning Officer shall review the progress
and status of the proposed changes and render such reports thereon
to the Township Board of Supervisors and to the Board of Historical
Architectural Review as may be necessary to assure compliance with
the provisions of this Part and the conditions of the Certificate
of Appropriateness.
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
The Zoning Officer 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 the Zoning Chapter of Newtown
Township as presently enacted and as the same may from time to time
be amended.
