[Ord. 3-2005, 7/20/2005]
1.
It is hereby declared as a matter of public policy that the preservation
and protection of buildings, structures, and sites of historic, architectural,
cultural and archeological merit are public necessities and are in
the interests of the health, prosperity and welfare of the residents
of the Township of Thornbury. The provisions of this article are intended:
A.
To promote the general welfare by protecting the integrity of the
historic resources of the Township.
B.
To establish a clear process by which proposed development land use
changes affecting historic resources can be reviewed.
C.
To discourage the unnecessary demolition of historic resources.
D.
To provide incentives for the continued use of historic resources
and to facilitate their appropriate reuse.
E.
To encourage the conservation of historic settings and landscapes.
F.
To promote retention of historical integrity in the context of proposed
physical alterations to historic resources and development and land
use involving or affecting historic resources.
G.
To protect and preserve historic resources in the Township in accordance
with § 603(b)(5) of the Pennsylvania Municipalities Planning
Code, as amended, Act 247 of 1968, as amended (MPC), 53 P.S. § 10603(b)(5).
H.
To promote and preserve areas of historic significance in the Township
in accordance with § 603(c)(7) of the MPC, 53 P.S. § 10603(c)(7).
[Ord. 3-2005, 7/20/2005]
1.
General Provisions.
A.
Historic Overlay Concept. The provisions of this article shall apply
to all Class I and Class II Historic Resources, as defined herein
and approved by the Board of Supervisors pursuant to a Resolution
and identified on the Township Historic Resource Inventory (HRI) pursuant
to a Resolution adopted at any time hereafter in accordance with this
article. The regulations and standards established by this article
shall be considered an overlay and shall apply to resources located
in every zoning district now or hereafter enacted to regulate the
use of land in the Township.
B.
Compliance. Any change, alteration or modification in significant
part, including demolition (deliberately or by intentional neglect)
to a resource identified on the HRI shall occur only in full compliance
with the terms of this article and all other applicable codes, rules
and regulations of the Township.
C.
For any property containing a resource identified on the HRI, the
requirements and opportunities contained in this article shall supplement
and, where expressly authorized, may supersede the otherwise applicable
requirements of the underlying zoning district.
D.
Should the HRI be revised as a result of legislative or administrative
action or judicial decision, the zoning requirements and other regulatory
measures applicable to the property in question shall be those of
the underlying zoning district without consideration of this article.
E.
The Board of Supervisors shall cause the HRI to be plotted on an
official Township Historic Resources Map (HRM) which shall become
a part of and be attached to this article. In the event of conflicting
information, the Historic Resource Map shall be instructive, but not
binding.
2.
Preservation of Other Restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this article imposes greater
restrictions, the provisions of this article shall prevail.
[Ord. 3-2005, 7/20/2005]
When used in this article, the following terms shall have the meaning as indicated, unless the context clearly indicates otherwise. Terms not defined in this article shall first have the meanings ascribed to them in the Township Zoning Ordinance [this chapter] and if not defined therein then as defined in the Township Subdivision and Land Development Ordinance [Chapter 22].
Any of the following:
Sites designated by the Secretary of the Interior as National
Historic Landmarks.
Buildings, sites, structures, districts and objects listed individually
on the National Register of Historic Places.
Buildings and structures classified as "certified historic structures"
by the Secretary of the Interior.
Buildings, sites, structures, and objects documented as "contributing
resources" in a National Register Historic District.
Resources which have received a determination of eligibility
(DOE) by the PHMC.
Buildings, sites, structures, or objects documented as "contributing
resources" within any historic district which has received a determination
of eligibility (DOE) from the PHMC.
Other historic resource which may have been designated a Class
I Historic Resource by the Board of Supervisors on the HRI as provided
in this article.
All historic resources included in the HRI, not otherwise
designated as Class I Historic Resources, and approved as such by
the Board of Supervisors pursuant to the provisions of this article.
A building, structure or site adding to the historic significance
of a property, neighborhood or district.
A facility used for providing to the public instruction in
the performing arts, limited to dance, music, and theater, and the
fine arts, including drawing, painting, photography and sculpture.
The razing, destruction or removal, whether entirely or in
significant part, of the exterior of a building, structure, or site.
Demolition includes the removal of a building or structure from its
site or the removal, stripping, concealing or destruction of the facade
or any significant exterior architectural features which are integral
to the historic character of the resource, for whatever purpose, including
new construction, reconstruction or relocation.
The Thornbury Township Historic Resources Inventory, as may
be amended by resolution from time to time by the Board of Supervisors.
The Thornbury Township Historic Resources Map as may be amended
by resolution from time to time by the Board of Supervisors. The HRM
shall consist of a plotting of the resources identified on the HRI.
The National Register of Historic Places.
The Pennsylvania Historical and Museum Commission.
Any Class I or Class II Historic Resource.
Thornbury Township, Delaware County.
[Ord. 3-2005, 7/20/2005]
1.
Resources identified on the HRI shall be classified as either Class
I or Class II Historic Resources.
2.
Historic resources meeting the definitional criteria, established
in this article, for Class I Historic Resources shall be classified
as Class I Historic Resources unless otherwise removed from Class
I by action of the Board of Supervisors as provided in this article.
Historic resources not having received formal National Register or
PHMC designation may be designated Class I Historic Resources by the
Board of Supervisors as provided in this article.
3.
Historic resources meeting the general criteria for designation as
historic resources under this article and not otherwise designated
as Class I Historic Resources shall be designated as Class II Historic
Resources.
[Ord. 3-2005, 7/20/2005]
1.
Property within the Township containing a resource as identified
on the HRI and appearing on the HRM on the date of the adoption of
this article shall be subject to the terms of this article, in accordance
with the resource's historic class designation on the HRI.
2.
Historic resource may subsequently be proposed for addition to or
removal from the HRI, or for a change in classification (Class I or
Class II) by the owner of such historic resource, by the Historical
Commission, by the Board of Supervisors, or as otherwise provided
in this article.
3.
The receipt by the Township of written notification from the designating
organization (PHMC or National Register) that any resource no longer
meets the criteria upon which its classification has been based shall
be treated as a proposal for a change in classification of that resource
(i.e., from Class I to Class II) or for its removal from the HRI.
4.
Any proposal for addition to or removal from the HRI, or for a change
in classification (Class I or Class II), shall be considered by the
Township in accordance with the following procedure:
A.
Upon receipt, any proposal regarding historic resource classification
shall be referred to the Historical Commission and the Planning Commission,
which shall each hold a public meeting thereon. The Historical Commission
and the Planning Commission may hold a joint meeting on the proposal
to satisfy the meeting requirements of this section.
B.
Unless the proposal is made by the owner(s) of the subject historic
resource, such owner(s) shall be notified, in writing, and provided
with a copy of said proposal, upon receipt of a proposal affecting
the owner's property, and the owner(s) shall be invited to respond
to such proposal within 15 days of receipt thereof.
C.
Regardless of the identity of the person submitting the proposal,
at least 30 days before holding a public meeting to consider the proposal,
the Historical Commission and/or the Planning Commission shall send
notice to the owner(s) of the affected property. Such notice shall
indicate the date, time and place of the public meeting(s) at which
the Historical Commission and/or the Planning Commission will consider
the proposal. Notice shall be sent by certified mail to the registered
owner's last known address as the same appears in the real estate
tax records of the Township Treasurer and sent to the "owner" at the
street address of the property in question.
D.
Any interested party may present testimony or documentary evidence
regarding the proposal at the public meeting(s), describing how or
why the subject property meets, or fails to meet, the criteria for
designation or classification as set forth in this article. Such evidence
may be presented in person at the public meeting(s) held to consider
the proposal or may, alternatively, be submitted in writing to the
Township prior to said meeting(s).
E.
The Historical Commission and the Planning Commission shall each
present a written report to the Board of Supervisors within 60 days
following the public meeting(s) stating its recommendation regarding
the subject proposal, based upon the criteria established herein.
A property or resource shall be recommended for removal as a Class
I Historic Resource if it does not currently meet the definitional
criteria set forth in this article or is not deemed by the Historical
Commission and the Planning Commission to be of similar historical
significance based on the evidence presented at the public meeting.
Properties no longer designated as Class I Historic Resources shall
remain on the HRI as Class II Historic Resources unless removed from
the HRI altogether. A property or resource shall be recommended for
removal from the HRI if it does not currently meet the criteria for
designation as a Class I or Class II Historic Resource. The report
to the Board shall include a summary of the information and copies
of all documents presented at the public meeting(s). The Historical
Commission and Planning Commission may submit a joint report to the
Board of Supervisors in satisfaction of their obligations under this
section.
F.
Based upon the criteria set forth herein and after receiving the
recommendations of the Historical Commission and the Planning Commission,
the Board of Supervisors shall from time to time, by Resolution or
as otherwise permitted by law, add or delete structures, buildings,
sites, districts and objects to or from the HRI and/or change the
designation of existing resources. Written notice of the action of
the Board of Supervisors shall be given to the property owner and
to any person who requests notification.
[Ord. 3-2005, 7/20/2005]
1.
A structure, site or object, or a group or combination of same, may
be placed on the HRI (and the HRM) if it meets one or more of the
following criteria.
A.
Has significant character, interest or value as part of the development,
heritage or cultural characteristics of the Township, Delaware County,
the Region, Commonwealth or Nation, or is associated with the life
of a person significant in the past.
B.
Is associated with an event of importance to the history of Thornbury
Township, Delaware County, the Region, Commonwealth or Nation.
C.
Embodies an icon associated with an era characterized by a distinctive
architectural style.
D.
Embodies distinguishing characteristics of an architectural style
or engineering specimen.
E.
Is the noteworthy work of a designer, architect, landscape architect
or engineer whose work has significantly influenced the historical,
architectural, economic, social, or cultural development of the Township,
Delaware County, the Region, Commonwealth or Nation.
F.
Contains elements of design, detail, materials or craftsmanship which
represent a significant innovation.
G.
Is part of or related to a commercial center, park, community or
other distinctive area which should be preserved according to an historic,
cultural or architectural motif.
H.
Owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood,
community or the Township.
I.
Has yielded, or may be likely to yield, information important in
pre-history or history.
J.
Exemplifies the cultural, political, economic, social or historical
heritage of the community or the Township.
2.
In order to receive the designation as a Class I Historic Resource,
the structure, site, or object, or group or combination must also
satisfy the definitional criteria of a Class I Historic Resource.
[Ord. 3-2005, 7/20/2005]
1.
Upon review by the Historical Commission and the Planning Commission
in accordance with this chapter, and where approved by the Board of
Supervisors as a conditional use, additional use or adaptive re-use
opportunities may be permitted for a resource, beyond those otherwise
permitted in the underlying zoning district in which the resource
is located. Where permitted, and subject to the provisions of this
article, such use opportunities shall be available in addition to
or in place of any use currently being made of the resource.
A.
Additional use and adaptive reuse opportunities for which resources
are eligible shall include any use permitted in the underlying base
zoning district and, where the resource is not intended as part of
a subdivision and/or land development, shall also include, by conditional
use approval:
B.
Additional use and adaptive reuse opportunities for which resources
are eligible shall include any use permitted in the underlying base
zoning district and, where the resource is intended as part of a larger
subdivision and/or land development, shall also include, by conditional
use approval:
(1)
Those uses identified in this article, when appropriately incorporated
as part of the subdivision and/or land development.
(2)
Appropriate reuse of a resource as a single dwelling unit within
a proposed residential development may entitle the owner/applicant
to include the resource in addition to the underlying dwelling unit
density requirements otherwise applicable to the proposed development.
(3)
Open space requirements for a residential development may be
satisfied, in part, by including the lot area upon which a structure
is proposed to be situated, in the open space calculation, provided
that said lot area is privately deeded to the owner(s) of the resource
and the lot is deed restricted against further subdivision.
(4)
Appropriate reuse of a resource in a commercial development
may entitle the owner/applicant to exclude the area of the resource
from the impervious coverage requirements otherwise applicable to
the proposed development, provided that the impervious coverage of
the resource shall be included in any stormwater management design.
C.
Except as provided in this article to the contrary, the additional
use and adaptive reuse opportunities provided for in this section,
shall otherwise comply with specific bulk, area and other requirements
of the Township Zoning and Subdivision and Land Development Ordinances
as well as all other Township codes, rules and regulations applicable
to such uses and development.
2.
In addition to satisfying the requirements of the Township Zoning
Ordinance [this chapter], governing conditional uses, the applicant
for any additional use or adaptive reuse shall also have the burden
and obligation to demonstrate compliance with the specific requirements
for conditional use approval set forth in this article.
[Ord. 3-2005, 7/20/2005]
Upon review by the Historical Commission and Planning Commission
in accordance with this article, and where approved by the Board of
Supervisors as a conditional use, requested modifications to applicable
lot area, lot dimension, yard requirements or any otherwise applicable
area and bulk regulation may be permitted for the resource (only),
provided that such modification does not constitute more than a 25%
deviation from any single existing area or bulk condition. In all
cases, the applicant shall demonstrate that such modification is necessary
for the preservation and protection of the resource under the proposed
plan(s) for the resource.
[Ord. 3-2005, 7/20/2005]
1.
Where additional use or adaptive reuse opportunities for resources
are permitted by conditional use in this article, the applicant shall
have the burden to establish the following, in addition to the conditional
use requirements.
A.
All otherwise applicable standards and criteria set forth in this
article for conditional use approval shall be complied with to the
satisfaction of the Board of Supervisors.
B.
The granting of conditional use approval shall be deemed to be necessary
to the preservation and protection of the resource(s).
C.
Any plans involving the enlargement of the resource(s) shall not
provide for reduction in excess of 25% of any single area and bulk
condition in existence on the effective date of adoption of this article.
D.
In granting conditional use approval, the applicant shall satisfy
the Board of Supervisors that adequate water supply and sewage disposal
will be provided.
E.
Where plans involving a resource(s) under this section result in
all or portions of any such resource(s) remaining unoccupied, such
unoccupied resources shall be tightly sealed and barred off in a manner
not jeopardizing historical integrity, and the utilities turned off
for safety.
F.
Except where the applicant can demonstrate: (1) that such compliance
will be clearly detrimental to the preservation and protection of
the resource; (2) that neighboring properties and the community will
not suffer any material detrimental effects from such noncompliance;
and (3) where public health, safety, and welfare are otherwise are
shown to be adequately protected, all other applicable standards contained
in this article and all other codes of the Township shall be complied
with, including but not limited to requirements for buffering, lighting,
storage, access and traffic management, interior circulation, loading,
parking, and signs.
G.
In granting conditional use approval, the Board of Supervisors may
require as condition(s) of approval adherence to the Secretary of
the Interior's standards for rehabilitation of historic structures
for any plans involving the rehabilitation, alteration, or enlargement
of a resource(s).
H.
In granting conditional use approval in accordance with this section,
the Board of Supervisors may require means to guarantee permanent
protection of the historical integrity of the resource(s).
I.
The Board of Supervisors may impose such reasonable conditions and
safeguards as it may deem necessary to effectuate the intent of this
article.
[Ord. 3-2005, 7/20/2005]
1.
An applicant seeking conditional use approval under the provisions
of this section shall submit an application for conditional use approval
to the Township in accordance with the Township Zoning Ordinance,
and this article. In addition to any other information specifically
required by the application, the application shall include a detailed
depiction of the proposed use(s), any physical changes proposed for
the affected resource(s) and their surrounding landscape, and any
proposed modifications to otherwise applicable area and bulk regulations.
2.
Upon receipt and acceptance of a completed application, the Township
shall forward a copy of the application to the Historical Commission
and or the Planning Commission. Within 30 days of receipt of a complete
application by the Township, the Historical Commission and Planning
Commission at their respective regular meetings or at a joint or a
special public meeting, shall review the application for conditional
use. The applicant will be notified of the meetings by the Township
at least 10 days prior to the dates of said meetings and shall have
the opportunity to present the reasons for filing the application.
A.
In reviewing requests for conditional use approval involving modification
of area and bulk regulations, the Historical Commission shall evaluate
whether the proposed modifications are necessary to preserve or protect
the resource or an identified historic district within the Township.
B.
Where the application involves physical changes to resource(s) and/or
the surrounding landscape, the Historical Commission shall review
the proposed changes and make recommendations as to their appropriateness.
C.
The Planning Commission shall review the application for, among other
things, its impact on the health, safety and welfare of the Township
including, but not necessarily limited to, traffic impacts, water
supply and sewerage.
3.
Recommendations of the Historical Commission and Planning Commission
shall be transmitted in the form of written reports to the Board of
Supervisors and shall include suggestions for specific changes to
proposed plans, if any. The written reports of the Historical Commission
and Planning Commission shall be admissible at public hearing provided
that the chairman or author of the report shall testify and be subject
to cross-examination at such hearing unless his or her presence is
waived by the applicant. If the Historical Commission and/or Planning
Commission does not transmit its recommendations to the Board by the
date set by the Board for public hearing to consider the application
for conditional use approval, then it shall be deemed that the Commission(s)
recommend the approval of the application.
4.
The Board of Supervisors shall hear and act upon the application
in accordance with the provisions of the Township Zoning Ordinance.
[Ord. 3-2005, 7/20/2005]
1.
Applicability. An historic resource impact study, unless waived by
the Board of Supervisors, shall be submitted to the Township for any
subdivision, land development, land disturbance, or exterior structural
alteration (including application for demolition) of a resource or
to a building:
A.
Within 250 feet of the exterior walls of a resource or within an
identified historic district in the Township.
B.
Within 200 feet of the boundary of any identified historic district
within the Township.
C.
Within 200 feet of the exterior walls of an identified historic resource
or within 200 feet of the boundary of any identified historic resource
in an adjacent municipality.
2.
The historic resource impact study shall be prepared by a qualified
professional in historic preservation, historical architecture, or
related field or profession.
3.
Contents. The historic resource impact study shall contain, at a
minimum, the following information in a form acceptable to the Township.
A.
Background Information.
(1)
Name of record owner.
(2)
Inventory number of all resources on the subject tract from
the HRI and HRM.
(3)
Resource name as designated on the HRI.
(5)
A general site description, including topography, watercourses,
vegetation, landscaping, existing drives, etc.
(6)
General description and classification (from HRI) of all resources
located on tracts immediately adjacent to the subject tract or road,
or within 200 feet of the subject property or tract.
(7)
Physical description of all Class I or II Historic Resources
identified in subparagraph (2), above.
(8)
Statement of the significance of each Class I or II Historic
Resource, both relative to the Township and region in general.
(9)
Sufficient number of black and white eight inch by ten inch photographs to show every resource identified in Subsection 1B, above, in its setting. Photographs shall also be submitted on an electronic or digital media acceptable to the Township. Photographs shall include, but not be limited to, every face or elevation view of the resource.
(10)
Narrative description of the historical development of the subject
property or tract.
B.
Proposed Change.
(1)
General description of project, including timetable or phases.
(2)
Description of impact on each Class I or II Historic Resource identified in Subsection 1A, above, and the surrounding property or site, with regard to architectural integrity, historic setting, and future use.
(3)
General description of effect of noise and traffic and other
impacts generated by the proposed change in each Class I or II Historic
Resource.
C.
Mitigation Measures. Recommendations for mitigating the project's
impact on Class I or II Historic Resources, including design alternatives,
buffering, landscaping, conservation of existing vegetation, and any
other appropriate measures permitted under the terms of this article
and other Township codes, rules and regulations.
[Ord. 3-2005, 7/20/2005]
1.
Applicability of Demolition Permit Requirement.
A.
No Class I nor Class II Historic Resource may be demolished, in whole
or in part, unless a demolition permit is obtained from the Township
in accordance with the procedures and requirements of this section,
and other applicable standards and procedures of this article and
the Township Building Code.
B.
Demolition by neglect, which shall be defined as the willful failure
to provide ordinary and necessary maintenance and repair to a building
or structure located in an historic district, or to a resource, except
for ruins existing at the time of adoption of this article, by willful
neglect, purpose or design, by the owner or any party in possession
thereof, which results in any of the following conditions, is prohibited
and is a violation of this article:
(1)
Deterioration of exterior features so as to create or permit
a hazardous or unsafe condition to exist.
(2)
Deterioration of exterior walls, roofs, chimneys, or windows;
the lack of adequate waterproofing; or deterioration of interior features
or foundations which will or could result in permanent damage or loss
of exterior features.
(3)
Deterioration resulting from a building or structure having
been left open or vulnerable to vandalism or decay by the elements.
Unoccupied resources shall be tightly sealed and barred off and the
utilities turned off for safety.
C.
These provisions shall not be construed to prevent the ordinary maintenance
or repair of any building, structure, site, or object where such work
does not require a permit and where the purpose and effect of such
work is to correct any deterioration or decay of, or damage to, a
building, structure, site, or object and to restore the same to its
condition prior to the occurrence of such deterioration, decay, or
damage.
2.
Procedure for Obtaining Demolition Permit.
A.
The applicant shall submit to the Township one copy of an application
for a demolition permit, obtainable from the Township. If the Township
determines that the permit request is for the demolition of a resource,
the Township shall not issue the demolition permit and the application
shall be forwarded to the Historical Commission for review.
B.
Information to be Provided. In addition to applicable requirements
under this article and the Township Building Code, an applicant seeking
a permit to demolish a resource shall provide the following information:
(1)
Owner of record.
(2)
Site plan showing all buildings and structures on the property.
(3)
Recent photographs of the resource proposed for demolition.
(4)
Reasons for the demolition.
(5)
Proposed method of demolition.
(6)
Intended future use of the site and of the materials from the
demolished resource.
(7)
An historic resource impact study in accordance with the terms
of this article.
C.
Review by Historical Commission. Within 30 days of receipt of a complete
application from the Township, the Historical Commission, at a regular
or special meeting, shall review the application for demolition. The
applicant will be notified of the meeting by the Township at least
10 days prior to its date and shall have the opportunity to present
the reasons for filing the application. The Historical Commission
shall consider the following:
(1)
The effect of demolition on the historical significance and
architectural integrity of the resource in question and neighboring
resources, if any.
(2)
Whether the applicant has demonstrated that he has considered
all alternatives to demolition.
(3)
Economic feasibility of adaptive reuse of the resource proposed
for demolition.
(4)
Whether the resource in its current condition presents a threat
to public safety.
(5)
Whether the resource has been intentionally neglected.
(6)
Whether the retention of the resource would represent an unreasonable
economic hardship on the applicant.
D.
Historical Commission Recommendation. Within 30 days following conclusion
of the meeting, the Historical Commission shall set forth its recommendations
in a written report to the Board of Supervisors:
3.
Approval of Demolition Permit or Delay of Demolition by the Board
of Supervisors.
A.
Within 30 days of receiving the recommendation from the Historical
Commission, the Board of Supervisors shall consider the application,
together with the recommendations of the Historical Commission, and
vote either to approve the application, approve the application with
changes, or defer their decision, affording a delay of demolition
for up to 90 days. The applicant shall be notified of the meeting
by the Township at least 10 days prior to its date, and shall have
the opportunity to present the reasons for filing the application.
Within five days of making its decision, the Board shall provide written
communication of its decision to the applicant, Historical Commission,
and Township Building Department.
B.
Issuance of Demolition Permit. Where the Board acts to approve the
application, it shall authorize the Township Code Enforcement Department
to issue the permit. Where the approval is granted with conditions
attached, the Township Building Department Officer shall be authorized
to issue the permit upon receipt from the applicant of written acceptance
of those conditions, all of which shall be noted upon the demolition
permit.
4.
Delay of Demolition.
A.
The specified period of delay up to 90 days shall be used to provide
an opportunity to engage in discussion with the applicant about alternatives
to demolition; to provide an opportunity for complete historical documentation
of the resource; and/or for preparation of a financial analysis, if
required. During the delay period, the applicant shall make the resource
reasonably available to the Historical Commission or Township Supervisors
for inspection and documentation.
B.
For Class II Resources, the Commission may recommend approval of
the demolition permit and may so advise the Board of Supervisors not
later than the end of the applicable ninety-day delay time period.
The Board of Supervisors shall act upon the application for demolition
of Class II Resource(s) in accordance with this section, prior to
the expiration of the ninety-day delay period, whether it receives
a recommendation from the Historical Commission or not.
C.
Special Provisions for Class I Historic Resources.
(1)
Documentation of Class I Historic Resources. When prescribing
the delay of demolition for a Class I Resource, the Board of Supervisors
may require the applicant to provide additional or supplemental documentation
of the resource proposed for demolition. Such documentation may include,
as available: historical data, surveys, and other data provided by
local, state, and federal historic preservation organizations and
agencies; photographs; floor plans; measured drawings; archaeological
surveys (if appropriate); and any other form of documentation recommended
by the Historical Commission. Where necessary, the delay may continue
beyond the stipulated 90 days until the applicant has sufficiently
satisfied the documentation requirements.
(2)
In cases where the applicant specifically alleges that demolition
of the resource is necessary due to undue economic hardship upon the
applicant or the lack of a reasonable economic alternative, the Board
of Supervisors may, during the period of delay, request that the applicant
prepare and submit a financial analysis to the Board. When required,
the financial analysis should include the following information, as
applicable and available:
(a)
Amount paid for the property and present market value.
(b)
Date of purchase and party from whom purchased, including a
description of the relationship, if any, whether business or familial,
between the owner and the person from whom the property was purchased.
(c)
Assessed value of the land and improvements thereon according
to the most recent assessment.
(d)
A pro forma financial statement prepared by an accountant or
broker of record.
(e)
All appraisals obtained by the owner in connection with his
purchase, financing or insuring of the property, or during his ownership
of the property, if any.
(f)
Bona fide offers to sell or rent the property, the price requested
and offers received, if any.
(g)
Any consideration by the owner as to profitable, adaptive uses
for the property, and any other practical uses; incentives which could
be offered by the Township to preserve the resource; and any input
from local, state, or federal historic preservation and architectural
organizations or agencies.
(h)
Where relevant, written estimates of the cost(s) of restoration
and/or renovation from at least two professional restoration contractors.
(3)
Historical Commission Recommendation. At the commencement of
the ninety-day delay period for Class I Resources, the Historical
Commission shall review the application again and any further documentation
requested by the Board of Supervisors at its next regular meeting.
The Commission may recommend to the Board of Supervisors approval
of the demolition permit or, where the Commission does not believe
that the applicant has proven undue economic hardship or the lack
of a reasonable alternative, recommend denial of the demolition permit.
The Historical Commission shall communicate its recommendation in
writing to the Board of Supervisors within 30 days after the commencement
of the ninety-day delay period.
(4)
Approval or Denial of Demolition Permit for Class I Resources
after Delay of Demolition.
(a)
At its next regular meeting after receiving the recommendation
from the Historical Commission, or at a special meeting if necessary
to comply with time limitations periods of this section, unless an
extension of time has been granted by the applicant, the Board of
Supervisors shall again consider the application, together with the
recommendations of the Historical Commission and any further documentation
which has been provided, and vote either to approve the application
for the demolition permit as submitted or to approve the application
subject to stated conditions or to deny the application.
(b)
Denial of Application. Where the Board acts to deny the application,
a notice of denial shall be sent to the applicant indicating what
changes in the plans and specifications, if any, would be sufficient
to meet the standards of this article and allow the approval of the
demolition permit.
(c)
Action by the Board of Supervisors, including appropriate notification
to the applicant, shall occur prior to the expiration of the ninety-day
delay period, or such other time as the applicant and Board of Supervisors
may agree.
[Ord. 3-2005, 7/20/2005]
1.
The Township, through the Code Enforcement Department or agency charged
by the Board of Supervisors with enforcement of the provisions of
the Township Zoning Ordinance [this chapter] and/or the Township Building
Code, shall review the progress and status of any change being made
to a resource, and shall render such reports thereon to the Board
and to the Historical Commission as may be necessary to assure compliance
with the provisions of this article and/or any compliance with any
conditions which may have been attached to any building permit, demolition
permit, special exception, or conditional use approval, as well as
compliance with all other applicable codes, rules and regulations
of the Township.
2.
Any person who alters a resource in violation of the provisions of
this article or in violation of any conditions or requirements specified
in a permit issued under the terms of this article, or in violation
of any special exception, conditional use approval or other applicable
code, rule or regulation of the Township shall be required to restore
the subject property and/or the resource involved to its condition
prior to the violation. Such restoration shall be in addition to,
and not in lieu of, any penalty, fine or remedy available under this
article, any other Township code, rule or regulation or any other
applicable law.
3.
The Township shall withhold issuing or withdraw/revoke any building
permit, for a minimum of one year, for any property which, at the
date of enactment of this article, was occupied by a resource that
subsequently was demolished in violation of this article or in violation
of any special exception, conditional use approval, permit or other
applicable code, rule or regulation of the Township.
4.
Any conditional use application or subdivision or land development
application involving any property which, at the date of enactment
of this article, was occupied by a resource(s) that subsequently was
demolished in violation of this article, shall not be approved except
upon conditions which include the satisfactory restoration of any
such resources or upon the granting of appropriate demolition permit(s)
in accordance with this article.
5.
Violation of this article shall also constitute a violation of the Township Subdivision and Land Development Ordinance [Chapter 22] as well as the Township Building Code. The Township, in addition to the foregoing remedies, may exercise any available legal or equitable remedy(ies) against the violator, whether or not the same are specifically set forth in this article. All remedies exercised by the Township hereunder shall be deemed to be cumulative and may be exercised independently or in conjunction with one another.
