[Ord. 04-107, 2/10/2004, § 1]
1. This Part regulates the circumstances in which any historic resource
in the Township may be demolished or altered. For the purposes of
this Part, "alteration" shall include changes to the exterior of a
historic resource. However, for the purposes of this Part, "alteration"
shall also include changes to land and the exterior of buildings or
structures located within 50 feet of any historic resource in the
Township.
2. For the purposes of this Part, a "historic resource" is defined as:
any building, structure, road, road corridor, bridge, marker, fence,
sign, tree, hedgerow, site, encampment, district, passage, object,
or vista contained on the list and/or map of Historic Resources in
the Cumberland Township Comprehensive Plan, adopted June 2000, and
as may be amended by the Board of Supervisors.
3. "Demolition" is defined as: destruction of a building or structure,
all or in part, whether systematic or by neglect. Demolition shall
include the extensive removal or stripping of significant interior
or exterior architectural features and leaving a building or structure
open or vulnerable to vandalism or decay by the elements.
4. "Historic Commission" is defined as: the Cumberland Township Historical
Architectural Review Board.
[Ord. 04-107, 2/10/2004, § 2]
No person, organization, society, association, corporation,
or any governmental agency or representative thereof, directly or
indirectly, shall, without first obtaining a permit as herein provided,
demolish or alter a historical resource.
[Ord. 04-107, 2/10/2004, § 3]
1. Permits for demolition or alteration of a historic resource, whether
all or in part, shall be obtained by making application to the Township.
The application shall be accompanied by written and other materials,
such as photographs and drawings, providing the following information
concerning the resource:
B. Site plan showing all buildings, structures, plantings, and features
of the property on which the resource is located.
C. Recent photographs of the resource and its physical context.
D. Reasons for demolition or alteration.
E. Method of demolition or alteration.
F. Disposition of materials from demolition or alteration.
G. Projected uses of the site following demolition or alteration of
the resource.
[Ord. 04-107, 2/10/2004, § 4]
The Code Enforcement Officer shall notify the Historical Commission
of the application for demolition or alteration permit within five
business days of acceptance of a properly filed application, including
relevant fees. Within 30 days of the date of application filing the
Historical Commission or a subcommittee thereof shall consider the
application for demolition or alteration and shall render an initial
recommendation.
[Ord. 04-107, 2/10/2004, § 5]
The Historical Commission may recommend approval of the demolition
or alteration permit application and may so advise the Code Enforcement
Officer. The Code Enforcement Officer then is authorized to issue
the demolition or alteration permit in accordance with the Building
and Fire Codes and other applicable codes. Alternatively, the Historical
Commission may require that the applicant provide documentation of
the resource proposed for demolition or alteration prior to the issuance
of a demolition or alteration permit.
[Ord. 04-107, 2/10/2004, § 6]
1. Upon the direction of the Historical Commission pursuant to §
4-405, the applicant for a demolition or alteration permit shall provide a historical resource impact study documenting the resource proposed to be demolished, or altered. Such documentation shall include:
A. A detailed description of the resource and its context, including
topography, vegetation, landscaping, driveways, and associated structures
and features.
B. Detailed site plan of the resource, measured floor plans, and exterior
elevations.
C. Comprehensive photographic record of the resource and its context.
D. Statement of the significance of the resource and its context to
the Township and environs.
E. Financial documentation, including:
(1)
Amount paid for property, date of purchase, and party from whom
purchased, including a description of the relationship, whether business
or familial, if any, between the owner and the person from whom the
property was purchased.
(2)
Assessed value of the land and improvements thereon according
to the most recent assessment.
(3)
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection with his
purchase or financing of the property or during his ownership of the
property.
(5)
Bona fide offers of the property for sale or rent, price asked,
and offers received, if any.
(6)
Any consideration by the owner as to adaptive uses for the property,
including the historic resources.
[Ord. 04-107, 2/10/2004, § 7]
Upon receipt of the full documentation of the historic resource
proposed for demolition or alteration, the Code Enforcement Officer
shall notify the Historical Commission within five business days of
acceptance. Within 30 days of the date of the full documentation filing,
the Historical Commission, or a subcommittee thereof, shall consider
the application for demolition or alteration and shall render a recommendation.
The Historical Commission may recommend approval of the demolition
or alteration application and so advise the Code Enforcement Officer.
Alternatively, the Historical Commission may recommend denial of the
application. In such cases, the Historical Commission shall make a
written report to the Board of Supervisors setting forth reasons for
the recommendation and the evidence considered.
[Ord. 04-107, 2/10/2004, § 8]
Within 30 days of receipt of the Historical Commission's
report, the Board of Supervisors shall consider the Historical Commission's
recommendation for denial of the application for demolition or alteration
of a historic resource. The owner of the resource proposed for demolition
or alteration shall be given at least 10 days' notice of the
meeting of the Board of Supervisors to consider the denial recommendation.
The Board of Supervisors shall consider any evidence, reports, or
testimony from interested parties and shall render a decision either
to deny or approve the application for demolition or alteration within
21 days of the meeting. This period may be extended, and its length
established, by mutual consent of the applicant and the Board of Supervisors.