[Ord. 147, 8/11/2008, § 1200]
1.
It is the intent of this Part to provide a comprehensive framework for the preservation of historic sites, objects, buildings, structures, and districts in the Township. The protections and incentives of this Part are targeted toward the Township's most important historic resources and include delay of demolition, area and bulk waivers, and cluster bonuses, and provisions for demolition by neglect, enforceable under the Property Maintenance Code [Chapter 5, Part 1, § 5-103] of the Township. This Part is created pursuant to Article I, Section 27 of the Pennsylvania Constitution for the following purposes:
A.
To promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
cultural resources.
B.
To establish a clear process by which proposed changes affecting
historic resources are reviewed.
C.
To encourage the continued use of historic properties and facilitate
their appropriate rehabilitation and adaptive reuse.
D.
To encourage the preservation of historic settings and landscapes.
E.
To discourage the demolition of historic resources.
F.
To utilize historic preservation as a tool for economic revitalization,
and to promote the general welfare, education and culture of the Township.
[Ord. 147, 8/11/2008, § 1201]
1.
Compliance. Any change to a historic resource shown on the Historic
Resources Map shall occur only in full compliance with the terms of
this Part and other applicable regulations.
2.
Historic Resources Overlay. The Historic Resources Map shall be deemed
an overlay on any zoning district now or hereafter enacted to regulate
the use of land in the Township.
A.
For any property shown on the Historic Resources Map, the requirements
and opportunities contained in this Part shall supersede, with the
consent of the landowner, the otherwise applicable requirements of
the underlying zoning district.
B.
Should the Historic Resources Map 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 Part.
C.
Preservation of Other Restrictions. It is not intended by this Part
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this Part imposes greater restrictions,
the provisions of this Part shall prevail.
[Ord. 147, 8/11/2008, § 1202]
1.
Classifications. The Historic Resources Map delineates three classifications
of historic resources in the Township, which are defined as follows:
A.
Class I.
(1)
Certified historic structures and certified historic districts.
(2)
Contributing resources, i.e., buildings, sites, structures,
and objects filed as such with the National Register of Historic Places
or Bureau for Historic Preservation of the Pennsylvania Historical
and Museum Commission.
(3)
Buildings, sites, structures, objects, and districts which have
received a Determination of Eligibility (DOE) for listing on the National
Register of Historic Places or Pennsylvania Historical and Museum
Commission listing.
(4)
Resources that meet the National Register Criteria, as determined
by the Bureau for Historic Preservation of the Pennsylvania Historical
and Museum Commission.
B.
Class II. Building, sites, structures, objects, and districts not
meeting National Register criteria, but determined to be of historical
or architectural significance to East Coventry Township and appropriately
documented to that effect by the East Coventry Township Historical
Commission.
C.
Class III. Buildings, sites, structures, objects and districts included
in the Historic Resources inventory of the East Coventry Historical
Commission, and not included in Class I or Class II above.
2.
Revisions. The Historic Resources Map may be revised from time to
time by legislative action of the Board of Supervisors.
A.
In considering any revision, including additions, deletions, or changes
of classification to the Historic Resources Map, the Board of Supervisors
shall receive a written recommendation from the Historical Commission.
B.
The owner(s) of any property(s) that are the subject of any such
proposed administrative action shall be given one written notice,
by certified mail, of the Board of Supervisors recommendation at least
45 days prior to the public hearing.
C.
Historic Resources Inventory. The Historical Commission shall maintain
an updated inventory of resources shown on the Historic Resources
Map and their respective classifications.
[Ord. 147, 8/11/2008, § 1203; as amended by Ord. No. 2020-241, 8/10/2020]
The creation, purpose, membership, organization and operation of the East Coventry Township Historical Commission shall be as set forth in Chapter 1, Part 5, of the East Coventry Township Code of Ordinances. In addition to the powers and duties enumerated in Chapter 1, Part 5, the Historical Commission shall perform the duties and responsibilities assigned to it as set forth in this Part 12.
[Ord. 147, 8/11/2008, § 1204]
1.
Class I or Class II historic resources may not be demolished until the applicant obtains a permit under the Building Code [Chapter 5, Part 1, § 5-101] and complies with the following additional procedures:
A.
One copy of the application for demolition shall be forwarded to
the Historical Commission, together with recent interior and exterior
photographs of the resource proposed for demolition, a site plan showing
all buildings on the property, and explanation of the reasons for
demolition and future uses of the site.
B.
Within 30 days of receipt of a complete application, at its regular
or a special meeting, the Historical Commission shall meet to review
the application for demolition. The applicant will be notified of
the meeting and encouraged to present evidence or testimony pertaining
to the demolition. In reviewing the application the Historical Commission
shall take into account:
C.
Within 30 days following conclusion at the meeting, the Historical
Commission shall set forth its recommendation in a written report
to the Board of Supervisors.
D.
Within 30 days of the review of the demolition application by the
Historical Commission, the Board of Supervisors shall consider the
application for demolition at a public meeting. The applicant will
be notified of the meeting and encouraged to present evidence or testimony
pertaining to the demolition. The Board of Supervisors may vote to
authorize the permit, deny the permit, or delay authorization for
a period not to exceed 180 days from the date of initial application
for a demolition permit, during which period the Township and applicant
will explore alternatives to demolition.
E.
Demolition by Neglect. Class I or Class II resources, identified on the Historic Resources Map shall be maintained in good repair and kept structurally sound and reasonably protected against decay and deterioration as enforceable under the Property Maintenance Code [Chapter 5, Part 1, § 5-103] of the Township.
F.
Enforcement.
(1)
Fines and Penalties. Any person who violates the requirements of this section shall be subject to the fines and penalties imposed under this chapter in accordance with Part 19, as well as applicable fines and penalties imposed under all applicable Township Codes.
(2)
The Board of Supervisors may withhold issuing any building permits
for a minimum of six months for a property which, as of the date of
enactment of this chapter, was occupied by a Class I or Class II historic
resource that was demolished in violation of this section.
[Ord. 147, 8/11/2008, § 1205]
1.
Board of Supervisors. The Board of Supervisors, through the granting of a conditional use, may approve requested modifications to the otherwise applicable lot size, lot dimension, or yard requirements for plans affecting Class I and Class II historic resources, in accordance with the criteria set under § 27-1403 of this chapter and provided the following additional criteria are met:
2.
Conditional Use. The following uses, in addition to those otherwise permitted by right, special exception or conditional use, shall be permitted for Class I and Class II historic resources in the Township subject to the area and bulk standards of the zoning district in which such historic resources are located and the applicable design standards of Part 13, when approved as a conditional use by the Board of Supervisors, in accordance with the criteria of § 27-1403 and the additional criteria set forth in Subsection 3.
A.
Business and professional office, excluding surgical offices and
clinics.
B.
Custom shop for making articles or products sold at retail on the
premises, such as custom clothing, art, needlework, baked goods or
confectionery.
C.
Museum, gallery or cultural studio.
D.
Specialty retail store, such as gift shop, antique shop or tack shop.
E.
Home and business furnishing and decorating retail store.
F.
Florist shop.
G.
Cottage industry, such as a cabinet maker or similar trade.
H.
Accessory use on the same lot.
I.
Restaurant and/or bed and breakfast.
3.
Zoning Hearing Board. The Zoning Hearing Board, through the granting of a special exception or variance, may approve requested modifications to the otherwise applicable lot size, lot dimension, or yard requirements for plans affecting Class I and Class II historic resources, in accordance with the criteria set under §§ 27-1509 and 27-1510 of this chapter and provided the following additional criteria are met:
A.
The granting of the special exception or variance is deemed by the
Zoning Hearing Board to be necessary to the preservation of a Class
I or Class II historic resource.
B.
The granting of the special exception or variance is deemed by the
Zoning Hearing Board to have a minimal detrimental effect on neighboring
properties.
C.
Any plans for the rehabilitation, alteration or enlargement of a Class I or Class II historic resource shown on the application for special exception or variance must be in substantial compliance with the standards contained in § 27-1208.
D.
East Coventry Historical Commission. The Historical Commission shall review the request for conditional use or special exception or variance and evaluate whether the proposed modifications are necessary to the preservation of the Class I or Class II historic resources. The Historical Commission also shall review any construction plans for their compliance with the standards in § 27-1208. Recommendations shall be transmitted in the form of a written report to the Board of Supervisors or Zoning Hearing Board and shall indicate what specific changes in the plans would bring them into substantial compliance with § 27-1208.
[Ord. 147, 8/11/2008, § 1206]
1.
Permits. Permits for the rehabilitation, enlargement and/or alteration of a Class I or Class II historic resource shall not be issued by the Zoning Officer prior to review and comment on the application by the Historical Commission, in accordance with the terms of this section. Permits for Class I historic resources in certified historic districts shall be issued in accordance with § 27-1210.
2.
Zoning Officer. The Zoning Officer shall provide the Historical Commission
with a copy of the application, together with any plans or diagrams
required by this chapter, one week prior to the Historical Commission
meeting.
3.
East Coventry Historical Commission. The Historical Commission shall, within 35 days of receipt of a complete application from the Zoning Officer, review the plans for compliance with the standards contained in § 27-1208, below, and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant, indicating whether the plans are in substantial compliance. The report shall make suggestions as to what specific changes in the plans would bring them into substantial compliance.
4.
Issuance of Permit. Upon receiving a report of substantial compliance
from the Historical Commission, and providing the plans satisfy all
requirements of the Township, the Zoning Officer shall issue the permit.
5.
If the Historical Commission's report indicates that the plans are
not in substantial compliance, the Zoning Officer shall not issue
the permit until:
A.
The plans have been revised by the applicant in accordance with the
Historical Commission's recommendations.
B.
Forty-five days have elapsed from the date of application, and all
other requirements of the Township have been satisfied. The Historical
Commission and the Board of Supervisors shall be notified of the "intent
to issue a permit" 15 days prior to issuance.
[Ord. 147, 8/11/2008, § 1207]
1.
Standards for Rehabilitation. Any proposed rehabilitation, alteration or enlargement of a Class I or Class II historic resource under § 27-1206 or 27-1207 shall be in substantial compliance with the standards and criteria set forth in Subsections 1A through 1J, below, provided however that Subsection 1F shall not apply to Class II historic resources.
A.
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.
B.
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.
C.
All buildings, structures, and sites shall be recognized as products
of their own time.
D.
Changes which 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.
E.
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
F.
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.
G.
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Cleaning methods that will damage the historic building
materials shall not be undertaken.
H.
Every reasonable effort shall be made to protect and preserve archeological
resources affected by, or adjacent to, any project.
I.
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.
J.
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.
2.
Compliance. Determination of compliance with these standards shall
be made by written report of the Historical Commission. For Class
I historical resources only, the Historical Commission shall apply
such standards by reference to the most current edition of the Secretary
of Interior's Guidelines for Rehabilitating Historic Buildings.
[Ord. 147, 8/11/2008, § 1208]
In developments proposing to preserve historic resources deemed
important to the Board of Supervisors, one additional lot may be created
in excess of the maximum number of lots otherwise permissible under
the terms of this chapter where such lot will contain a Class I or
Class II historic resource to be preserved as part of the development
plan.
[Ord. 147, 8/11/2008, § 1209]
1.
Certified Historic Districts. The provisions of this section apply
only to historic districts in the Township which have been certified
by the Pennsylvania Historical and Museum Commission in accordance
with the Historic District Act.
A.
The boundaries of certified historic districts are shown on the Historic
Resources Map.
B.
The provisions of this section apply to all land, buildings, and
structures within the boundaries of certified historic districts.
C.
Structures or buildings shall not hereafter be used, and no structure
or building shall hereafter be erected, reconstructed, altered, restored,
demolished, or razed, in whole or in part, without full compliance
with the provisions of this section and other applicable regulations.
2.
Certificate of Appropriateness. No person shall commence any work
for the erection, reconstruction, alteration, restoration, demolition,
or razing of any building or structure located in whole or in part
within the certified historic district without first obtaining a certificate
of appropriateness with respect thereto from the Board of Supervisors
as provided hereinafter.
A.
Duties of the Zoning Officer. The Zoning Officer of East Coventry
Township, or such other person or agency charged by the Board of Supervisors
with the issuance of permits for the erection, demolition, or alteration
of buildings or structures subject to the provisions of this Part,
shall issue no permit for any such building changes until a certificate
of appropriateness with respect thereto has been received from the
Board of Supervisors.
B.
Application for Permit. The application for a building permit for
any building or structures subject to the provisions of this Part
shall be filed with the Zoning Officer together with the filing fee
required under the schedule of fees then in effect. The application
shall include a written description of the proposed alteration, addition,
reconstruction or rehabilitation; a site plan at a scale of one inch
to 40 feet; schematic architectural drawings of the proposed construction
or changes at a scale of one foot to 1/4 inch; and a materials list
and disposition of existing materials.
C.
Standards for Determining Appropriateness. In determining whether or not any proposed work for the erection, reconstruction, alteration, restoration, demolition, or razing of any building or structure within the certified historic district is appropriate to the district, the Board of Supervisors shall be guided by design guidelines adopted by the Township, the Secretary of the Interior's Guidelines for Rehabilitating Historic Buildings, as cited in § 27-1208, above, and consider the following criteria, where relevant:
(1)
Mass (height, bulk and nature of roof line).
(2)
Proportions (height to width).
(3)
Nature of yard space.
(4)
Extent of landscaped areas versus paved areas.
(5)
The nature of facade openings (doors and windows), their size,
locations, and proportions.
(6)
The type of roof (flat, gabled, hip, gambrel, mansard, etc.).
(7)
The nature of projections (porches, etc.).
(8)
The nature of the architectural details and style.
(9)
The nature of the materials.
(10)
Color.
(11)
Texture.
(12)
Ornamentation.
(13)
Signs.
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Where the proposed work is to be done on a historic structure
within the district, then the primary basis for comparison shall be
the structure itself (in its then-existing state as compared to its
state after the proposed work), and the secondary basis for comparison
shall be the effect of the proposed work on the district as a whole.
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3.
Public Meeting of the Board of Supervisors. Upon receipt of the written
recommendation of the Historical Commission, the Board of Supervisors
shall consider, at its next regularly scheduled meeting, the question
of issuing a certificate of appropriateness authorizing a permit for
the work proposed by the applicant. The applicant shall be given at
least 10 days' notice of the time and place of the meeting at which
his application will be considered and shall have the right to attend
and be heard regarding his application. All interested persons may
appear and be heard at the meeting held by the Board of Supervisors.
A.
Decision of the Board of Supervisors. Within 30 days following the
conclusion of the aforesaid public meeting, the Board of Supervisors
shall, by official written communication to the applicant, either:
(1)
Issue a certificate of appropriateness authorizing a permit
for the proposed changes as submitted.
(2)
Issue a certificate of appropriateness subject to specified
changes and conditions not included in the application as submitted,
but which would protect the distinctive historic character of the
building, site, or area which is proposed to be changed.
(3)
Deny a certificate of appropriateness with respect to the proposed
changes as submitted.
B.
Failure of the Board of Supervisors to so act within the said period
shall be deemed to constitute a decision in favor of the applicant
and a certificate of appropriateness shall thereupon be issued. In
the event that approval is granted subject to conditions, the applicant
may, within 10 days after receiving a copy of the official written
communication from the Board of Supervisors, give notice of his refusal
to accept all of the conditions, in which case the Board of Supervisors
shall be deemed to have denied a certificate of appropriateness. In
the event the applicant does not, within the said period, notify the
Board of Supervisors of his refusal to accept all of the said conditions,
the approval, with all conditions, shall stand as granted.
C.
Resolution of Board of Supervisors. The grant or denial of a certificate
of appropriateness shall be in the form of a written resolution which
shall include findings of fact related to the specific proposal and
shall set forth the reasons of the grant, with or without conditions,
or for the denial, referring to such of the criteria set forth in
Subsection 2C, hereof, which were relevant to its decision.
4.
Appeals. Any decision of the Board of Supervisors under this chapter,
granting or denying a certificate of appropriateness or authorizing
or refusing to authorize a modification in such certificate of appropriateness,
shall be subject to review and appeal in the same manner and within
the same time limitation as is provided for zoning appeals by the
Pennsylvania Municipalities Planning Code.
5.
Enforcement. The Zoning Officer, or such other person or agency charged
by the Board of Supervisors with the enforcement of the provisions
of this Part, shall review the progress and status of the proposed
changes and render such reports thereon to the Board of Supervisors
and to the Historical Commission as may be necessary to assure compliance
with the provisions of this Part and the conditions of the certificate
of appropriateness. Standard inspection reports shall be filed with
the Board of Supervisors.
