[Ord. 53, 7/26/1983, § I]
In accordance with the provisions of an Act entitled:
"An Act authorizing counties, cities, borough, 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."
Adopted by the General Assembly No. 167 of the Commonwealth
of Pennsylvania and approved by the Governor of the Commonwealth of
Pennsylvania on the 13th day of June, 1961, as amended by Act of the
General Assembly, No. 24, on the 23rd day of April, 1963, the Cumberland
Township Historic District is hereby established.
[Ord. 53, 7/26/1983, § II]
1.
The Cumberland Township Historic District is created for the following
purposes:
A.
To protect those portions of Cumberland Township critical to the
scenic integrity and historic landscape quality of the Gettysburg
National Military Park and Gettysburg Battlefield Historic District.
B.
To awaken, or reinforce, in our people an interest in our historic
past.
C.
To promote the general welfare, education and culture of our Township.
D.
To advocate an interest in civic beauty through the encouragement
of appropriate settings and continued construction of buildings in
the historic styles and in general harmony with respect to style,
form, color, proportion, texture and material between buildings of
historic design and those of more modern design.
[Ord. 53, 7/26/1983, § III]
1.
Upon the adoption of this Part the Board of Supervisors shall forward
a copy thereof to the Pennsylvania Historical and Museum Commission,
along with a request for certification and a statement of architectural
and/or historical significance. This Part shall take effect immediately
upon:
[Ord. 53, 7/26/1983, IV]
The planting; growing, storing and selling of plants and
crops, and the breeding, raising, keeping, and selling of animals
and the products thereof, provided that such uses shall be conducted
on a lot not less than 10 acres in size.
Any change in the exterior appearance of a structure.
Any structure having enclosing walls and roof, located on
the land.
All work necessary for the erection or exterior finishing
of any building or structure, or portion thereof.
The dismantling or tearing down of all or part of the exterior
portion of a building or structure.
A historic district listed on the National Register of Historic
Places. It includes the Park and areas around the Park.
All property owned in partial or fee simple interest by the
National Park Service as part of the Park, to include the most recent
acquisitions.
Any building, structure, or site that existed during the
Civil War period and is officially recognized for its historic and/or
architectural significance by the U.S. Department of the Interior,
the National Park Service, the Pennsylvania Historical and Museum
Commission, Historic Gettysburg-Adams County or the Adams County Historical
Society; or as contributing to a National Register or municipal historic
district.
Any area or district officially listed as a historic district
on the National Register of Historic places or certified as a municipal
historic district by the Pennsylvania Historical and Museum Commission.
The replacement of existing construction with the same material(s)
for the purpose of maintenance only.
Plant materials, fencing, walls and/or earthen berms to aid
in the concealment of a building, structure, road, quarry, or other
landscape element.
Any man-made object having a relatively stationary location
on land, whether or not affixed to the land (to include signs).
[Ord. 53, 7/26/1983, § V]
1.
The Cumberland Township Historic District shall be shown on an official
Township Historic District Map which is hereby adopted by reference
and declared to be a part of this Part. The provisions of this Part
shall be applied to all land, buildings and structures within the
boundaries of Sewer Districts 1 and 2 within Cumberland Township,
but excluding Sewer District 3.
2.
No structure within the Cumberland Township Historic District may
be erected in whole or in part, nor may the exterior architectural
character of any structure be altered until after an application for
a building permit has been approved by the Board of Supervisors.
3.
No structure within the Cumberland Township Historic District may
be demolished or removed, in whole or in part, nor the exterior architectural
character of any such structure be changed until after application
for a permit has been approved by the Board of Supervisors.
4.
Evidence of the approval required above shall be a certificate of
appropriateness issued by the Board of Supervisors. The certificate
shall be a statement signed by the Chairman of the Board of Supervisors.
5.
Repairs to existing buildings which do not alter the exterior appearance
are exempt and need not be approved by the Board of Supervisors.
6.
Nothing in this Part shall be construed to prevent the ordinary maintenance
or repair of any exterior elements of any building or structure described
herein; nor shall anything in this Part be construed to prevent the
construction, reconstruction, alteration or demolition of any such
elements which the Board of Supervisors shall certify as required
for public safety.
7.
Any person requesting a permit under this Part shall be entitled
to a hearing on such request before the Board of Historical Architectural
Review according to the provisions of Part 8, herein.
[Ord. 53, 7/26/1983, § VI]
1.
It is the intent of this Part that the requirements contained herein
shall only pertain to construction, alteration or demolition on sites
located within the Historic District, and which are also one of the
following:
[Ord. 53, 7/26/1983, § VII]
1.
The Building Permit Officer shall issue a permit for the construction,
alteration, or demolition of a building in the Historic District only
after the Board of Supervisors has issued a certificate of appropriateness.
Upon receipt of a written disapproval by the Board of Supervisors,
the Building Permit Officer shall disapprove the application for a
permit and so advise the applicant.
2.
Upon receipt of an application for a building permit for work to
be done in the Historic District, the Building Permit Officer shall
act in accordance with the procedures presently being followed in
acting upon an application for a building permit, except as those
procedures are necessarily modified by the following requirements:
A.
The Building Permit Officer shall inform the applicant of the specific
requirements for the issuance of a building permit (including application
procedures and materials to be submitted, as set forth herein) within
the Historic District and of the time and place of the hearing before
the Historical Architectural Review Board at which he/she may appear
to explain the application.
B.
The Building Permit Officer shall inform the applicant that if he/she
can demonstrate that the property and proposed construction, alteration
or demolition thereon is not visible from the Gettysburg National
Military Park, and the property is not a historic site or structure,
the application need only include information sufficient to so demonstrate.
C.
The Building Permit Officer shall forward to the Chairman of the
Historical Architectural Review Board a copy of the application for
a building permit, together with copies of the documents and materials
filed by the applicant.
D.
The Building Permit officer shall maintain in his/her office 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.
3.
The Building Permit 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/her enforcement of any other
Township ordinances, as enacted, and as may be amended from time to
time.
[Ord. 53, 7/26/1983, § VIII]
1.
Establishment, Composition, Appointment and Terms of Members.
A.
The Historical Architectural Review Board, hereinafter also referred
to as "the Board," is hereby established to be composed of not less
than seven members, appointed by the Board of Supervisors, one of
whom shall be a registered architect, one a licensed real estate broker,
one shall be the Building Inspector, one a member of the Planning
Commission, and the remaining member or members shall have a knowledge
of and an interest in the preservation of the Historic District. A
majority of the members must be Township residents.
B.
The position of any member of the Board appointed in his/her capacity
as a registered architect, a licensed real estate broker, a building
inspector or a member of the Planning Commission who ceases to be
so engaged shall be automatically considered vacant.
C.
The initial terms of the members of the Board shall be as follows:
one member shall be appointed to serve until the first day of January
following the effective date of this Part; one member shall be appointed
to serve until the first day of the second January thereafter; one
member shall be appointed to serve until the first day of the third
January thereafter; two members shall be appointed to serve until
the first day of the fourth January thereafter; and two members shall
be appointed to serve until the first day of the fifth January thereafter,
and the Board of Supervisors shall appoint their successors on the
expiration of their respective terms to serve for a period of five
years. An appointment to fill a vacancy shall be only for the unexpired
portion of the term.
D.
The Historical Architectural Review Board 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 Historical Architectural Review Board may make and alter by-laws
and rules and regulations to govern its procedures consistent with
the ordinances of Cumberland Township and the laws of the Commonwealth
of Pennsylvania.
2.
Duties and Powers of the Historical Architectural Review Board.
A.
The Board shall give counsel to the Board of Supervisors, to be executed
at a public meeting of the latter, regarding the advisability of issuing
a certificate of appropriateness. The Board's recommendation
to the Board of Supervisors shall be in the form of a written report.
C.
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 Board present.
D.
The members of the Board shall serve without compensation but may
be reimbursed for direct expenses.
E.
The Board shall make an annual report to the Board of Supervisors
which should include, but not be limited to, an accounting of expenditures,
justification for the appropriation of monies for the upcoming year,
a record of actions taken by the Board in the preceding year and any
recommendations for changes to this Part.
F.
The Board shall meet publicly at least once a year. Further, it shall
hold any additional public meetings and hearings as provided in this
section necessary to execute its powers and duties as required by
this Part, or the laws of the Commonwealth of Pennsylvania.
3.
In addition to the above, upon specific authorization by the Board
of Supervisors, the Board may be empowered to have the following duties:
A.
To conduct a survey of buildings for the purpose of determining those
of historic and/or architectural significance, pertinent facts about
them, and any action to be undertaken in cooperation with the Planning
Commission and/or other appropriate groups; and to maintain and periodically
revise the detailed listings of historic sites and buildings and data
about them, appropriately classified with respect to national, state
or local significance, to period or field of interest.
B.
To propose, from time to time as deemed appropriate, the establishment
of additional historic districts, and revisions to existing districts.
C.
To cooperate with and advise the Board of Supervisors, the Planning
Commission, or other Township agencies in matters involving historically
and/or architecturally significant sites and buildings (such as appropriate
land usage, parking facilities and signs, as well as adherence to
lot dimensional regulations and minimum structural standards).
D.
To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, the Pennsylvania Historical
and Museum Commission, the Adams County Historical Society, Historic
Gettysburg-Adams County and other agencies, public and private, from
time to time, concerned with historic sites and buildings.
[Ord. 53, 7/26/1983, § IX]
1.
Upon receipt by the Board of a notice that an application for a building
permit in the Cumberland Township Historic District has been filed,
the Board shall schedule a public hearing to take place within 30
days. The applicant for the permit shall be advised of the time and
place of said hearing and invited to appear to explain his/her reasons
therefor. Any requirements for proper advertisement and notification
for public hearings, as required by law, shall be observed. Additional
hearings, if necessary, shall be scheduled within 30 days of each
other, unless mutually agreed otherwise by the Board and the Applicant.
2.
If the Board recommends the issuance of a certificate of appropriateness
because it has determined that the site in question and the proposed
construction, alteration or demolition thereon cannot be seen from
areas within the Gettysburg National Military Park and the property
is not a historic site or structure, it shall so notify the applicant
and the Board of Supervisors before or at their next regularly scheduled
meeting of its recommendation that a certificate of appropriateness
should be issued.
3.
In all other cases recommending the issuance of a certificate of
appropriateness, the Board shall forthwith transmit a written or oral
report to the Board of Supervisors stating the basis upon which such
a recommendation was made. If the Board shall fail to transmit such
report before or at the next regularly scheduled meeting the Board
of Supervisors or within 30 days after the occurrence of the final
hearing concerning an application for a permit, the application shall
be deemed to be approved, except where mutual agreement has been made
for an extension of the time limit.
4.
In the case where relatively minor changes in the applicant's
plans and specifications will meet the Board's conditions for
approval, the Board may recommend conditional approval for the issuance
of a certificate of appropriateness. A written report to the Board
of Supervisors (copied to the applicant) shall clearly state these
conditions. If the applicant decides to make these changes, he/she
shall so notify the Board and the Board of Supervisors in writing
prior to the next regularly scheduled meeting of the Board of Supervisors.
5.
In the case of a recommendation for the disapproval of the issuance
of a certificate of appropriateness, the Board shall transmit a written
report to the Board of Supervisors within 30 days after the occurrence
of the final hearing, stating the reasons therefor. The report shall
state what changes in the applicant's plans and specifications
would meet the Board's conditions for approval. The applicant
shall be informed in writing of the Board's decision and of the
recommended changes in his/her plans and specifications.
[Ord. 53, 7/26/1983, § X]
1.
The Board shall recommend for the issuance of a certificate of appropriateness
for any construction, alteration or demolition within the Cumberland
Township Historic District when, in the Board's opinion, the
applicant has successfully demonstrated that the proposed work will
not be seen from within the Park and the property in question is not
a historic site or structure.
2.
When evaluating an application, the Board shall consider whether the property in question is within Zone I or Zone II of the Historic District. Sites in Zone II, since they are generally more distant from the Park and not seen as frequently from various areas within the Park, should be considered less critical and, therefore, the Board shall be more tolerant in Zone II. The Board shall also recognize that § 4-512, Subsection 3, of this Part allows applicants in Zone II to submit less information.
3.
When evaluating an application, the Board shall use the Design Guidelines
for the Issuance of a Certificate of Appropriateness prepared for
the Straban and Cumberland Historic Districts and consider the following
factors as expressed in the "Guidelines":
A.
Distance from the Park.
B.
Areas in the Park that view the site.
C.
Landscape setting.
D.
Adjacent structures.
E.
Color(s).
F.
Exterior materials.
G.
Siting of structure(s).
H.
Size of structure(s).
I.
Shape of structure(s).
J.
Architectural style and design.
K.
Screening and landscaping.
L.
Historic significance.
M.
Architectural significant.
N.
Proposed Park landscape features.
[Ord. 53, 7/26/1983, § XI]
1.
The Board, according to the provisions of § 4-509, shall submit to the Board of Supervisors within 30 days of the final hearing or before their next regularly scheduled meeting a report containing its recommendations regarding the issuance of a certificate of appropriateness of the proposed construction, alteration or demolition within the Historic District. If the Board has determined that the property in question cannot be seen from the Gettysburg National Military Park and is not a historic site or structure, the report may be in the form of a brief statement of those facts which shall be submitted to the Board of Supervisors before or at their next regularly scheduled meeting.
A.
For properties in Historic District Zones I and II that cannot be
seen from the Park and are not historic sites or structures, the report
shall include, but need not be limited to, the following documentation:
(1)
The exact location of the property in question and the proposed
construction, alteration or demolition thereon.
(2)
The finished height and width of any proposed construction or
alterations.
(3)
Proposed landscape work, such as tree removal/additions, other
plantings, grading and access roads.
(4)
Landscape features on property or elsewhere that prevent view
of site from the Park.
(5)
The opinion of the Board as to whether the property and the
proposed construction, alterations or demolition can be seen from
the Park.
B.
For properties in Historic District Zone I that can be seen from
the Park and/or are historic sites or structures, the report shall
include, but not be limited to, the following documentation:
(1)
All items from Subsection 1A above.
(2)
Areas within the Park that view the property.
(3)
Distance from the property to the viewing areas within the Park.
(4)
If the property is a historic site or structure, the source
of such designation or determination.
(5)
Exterior materials and colors proposed for construction or alteration.
(6)
The opinion of the Board (including any dissent) as to the appropriateness
of the work proposed as it will enhance or detract from the quality
of views from the Park.
(7)
If the recommendation of the Board is for disapproval or conditional
approval, changes in the applicant's plans and specifications
that would meet the Board's conditions for approval.
C.
For properties in Historic District Zone II that can be seen from
the Park and/or are historic sites or structures, the report shall
include, but not be limited to, the following documentation:
(1)
The exact location of the property in question and the proposed
construction, alteration or demolition thereon.
(2)
The finished height and width of any proposed construction or
alterations.
(3)
Exterior materials and colors.
(4)
Proposed landscape work, such as tree removal/additions, other
plantings, grading and access roads.
(5)
If the property is a historic site or structure, the source
of such designation or determination.
(6)
The opinion of the Board as to the appropriateness of the work
proposed as it will enhance or detract from the quality of views from
the Park.
(7)
If the recommendation of the Board is for disapproval or conditional
approval, changes in the applicant's plans and specifications
that would meet the Board's conditions for approval.
[Ord. 53, 7/26/1983, § XII]
1.
Upon receipt of the report from the Historical Architectural Review
Board, the Board of Supervisors shall consider at its next regularly
scheduled, or special meeting, the question of issuing to the Building
Permit Officer a certificate of appropriateness authorizing a permit
for work covered by the application. The applicant shall be advised
by the Township Secretary of the time and place of the meeting at
which his/her application shall be considered. The applicant shall
have the right to attend this meeting and comment on his/her application.
2.
In determining whether or not to issue a certificate of appropriateness the Board of Supervisors shall consider the same criteria as the Board set forth in § 4-510, herein, and its report.
3.
If the Board of Supervisors approves the application it shall issue
a certificate of appropriateness authorizing the Building Permit Officer
to issue a building permit for the work covered.
4.
If the Board of Supervisors disapproves the application, it shall
do so in writing, and copies shall be given to the Building Permit
Officer, the applicant and to the Pennsylvania Historical and Museum
Commission. The disapproval shall set forth the reasons therefore,
and shall indicate what changes in the plans and specifications would
meet the conditions for protecting the scenic historical and architectural
character of the district.
5.
In either case, the Board of Supervisors shall notify the applicant
within 10 days of its meeting, at which the application was considered,
unless mutually agreed otherwise.
6.
When a certificate of appropriateness has been issued, a copy thereof
shall be transmitted to the Township Building Inspector, who shall
from time to time inspect the alteration or construction approved
by such certificate and shall make a monthly report of such inspection
to the Board listing all work inspected and reporting and work not
in accordance with such certificate, or violating any ordinance of
the Township.
[Ord. 53, 7/26/1983, § XIII]
1.
Applications attempting to demonstrate that the property and construction, alteration or demolition proposed thereon are out visible from the Gettysburg National Military Park need only contain those materials necessary to allow the Board to render its findings as set forth in § 4-510, Subsection 1.
2.
Historic District Zone I.
A.
Drawings of all proposed construction or alteration of structures
which shall include exterior elevations and dimensions, sufficient
detail to show the architectural design of the proposed construction
and the proposed exterior materials and colors.
B.
A plot plan or site plan showing property lines, existing and proposed
buildings and structures and proposed and existing landscape features
(trees, shrubbery, elevations).
C.
Photographs (35mm or larger format camera).
(1)
Applications for Demolition of Historic Buildings or Structures.
Legible photographs showing all sides of the building(s) under consideration
and any interior shots which relate the state of disrepair or substantiate
the need for demolition.
(2)
Applications for Construction and/or Alteration. Legible photographs
showing all sides of existing buildings, the views of the site from
Gettysburg National Military Park and views of the Park from the site.
Compass direction of camera should be noted for each view.
[Ord. 53, 7/26/1983, § XIV; as amended by Ord.
05-112, 7/26/2005]
Any person who violates any provision of this Part shall be
guilty of a summary offense, and 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 Township of Cumberland may
also bring any actions at law or equity to enforce the terms of this
Part at its sole discretion.
