[Ord. 940, 5/4/2011]
1.
Numbering of Buildings Required. The Stroudsburg Borough Council
hereby declares with the adoption of this Part that all dwellings,
residences, offices, stores and places of business within this Borough,
whether fronting on public streets or alleys or not, shall be numbered
in accordance with the system adopted and used as follows:
2.
Numbers Allotted to Each Block. Except as hereinafter provided, 100
numbers shall be allotted to each block.
3.
Odd/Even Sides Designated.
A.
All streets and alleys extending in a general north and south direction
shall have the odd numbers on the west side and even numbers on the
east side; and the numbers shall increase from south to north.
B.
All streets and alleys extending in a general east and west direction
shall have the odd numbers on the south side and even numbers on the
north side.
4.
Numbering of Rear Buildings. Buildings at the rear of others shall
be numbered by adding the unit number followed by the word "rear"
to the proper number of the building in front. The unit numbers shall
be numbered starting with the number corresponding to the floor level
where the unit is located.
5.
Duties of Owners. It is hereby made the duty of every owner or part
owner of a building required by this Part 1 to be numbered, to properly
number the same within 10 days after the passage of this Part and
to keep the same so numbered; and in case the owner of any such building
shall not reside within the Borough, said duty shall devolve upon
the resident agent of such owner; and if there be no such resident
agent, then said duty shall devolve upon any tenant or occupant of
such building. The tenant or occupant of any such building shall furnish
to the proper Borough authorities, on demand, the name of the resident
owner of such building, or of the proper agent, if such owner be a
nonresident; and any such tenant or occupant who shall fail or refuse
to do so shall be held liable to number such building in the first
instance.
6.
Requirements for Numbers.
A.
House numbers shall be a minimum of four inches in height with a
contrasting background showing the address. Numbers shall be placed
in such a position as to be plainly visible from the street adjoining
the property.
Exception: Properties with numbers, existing prior to the adoption
of this Part, that are less than four inches in height can be retained
provided they are still easily visible from the street.
B.
Buildings located greater than 50 feet from the street or which are not visible from the street adjoining the property shall have a sign or other method of display of the numbers complying with Subsection 6A and shall be located and be visible no further than 50 feet from the street adjoining the property.
[Ord. 940, 5/4/2011]
Penalties. Any person, firm or corporation who shall violate
any provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300, together with the costs of prosecution,
or to undergo imprisonment for a term not to exceed 30 days. Each
day that a violation of this Part continues shall constitute a separate
offense.
[Ord. 901, 2/19/2009]
The short title of this Part is "Stroudsburg Historic Preservation
District Ordinance" of 2008.
[Ord. 901, 2/19/2009]
In accordance with the provisions of the Pennsylvania Historic
District Act, as amended, there is hereby created in the Borough of
Stroudsburg a historic district to be known as the "Stroudsburg Historic
Preservation District." This Part 2 shall apply within such Historic
District.
[Ord. 901, 2/19/2009]
1.
This Part is enacted:
A.
To protect an architecturally distinctive and historical area of
Stroudsburg by protecting those portions and buildings of the Borough
which reflect the cultural, economical, social, political and architectural
history of the Borough of Stroudsburg.
B.
To encourage interest in Stroudsburg's past.
C.
To promote the general welfare and education of the Borough's
people.
D.
To improve property values.
E.
To enhance the Borough's attractiveness to residents and visitors.
F.
"The people have a right to clean air, pure water, and to the preservation
of the natural, scenic, historic, and esthetic values of the environment.
Pennsylvania's public natural resources are the common property
of all the people, including generations yet to come. As trustees
of these resources, the commonwealth shall conserve and maintain them
for benefit of all the people." (Article 1, Section 27, of the Pennsylvania
Constitution)
[Ord. 901, 2/19/2009]
All standards in this Part are to be interpreted as minimums
required. Nothing prevents property owners from using higher standards,
as long as they meet or exceed the standards of this Part.
[Ord. 901, 2/19/2009]
If any section or subsection of this Part shall be declared
by a court of competent jurisdiction to be invalid, such decision
shall be limited to such provision and shall not affect the validity
of this Part as whole or any part thereof.
[Ord. 901, 2/19/2009]
This Part recognizes that the Pennsylvania Historical and Museum
Commission has certified, by resolution, to the historical significance
of the Stroudsburg Historic Preservation District.
[Ord. 901, 2/19/2009]
1.
Unless otherwise expressly stated, the following shall, for the purposes
of this Part, have the meanings herein indicated:
A.
Words in the present tense include the future tense.
B.
The word "person" includes a profit or nonprofit corporation, company,
partnership, or individual or any other applicant, legal entity or
landowner.
C.
The term "structure" includes "building." The term "building" includes
parts thereof.
D.
The word "shall" is always mandatory, while "should" is recommended.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 2]
1.
Where a term is not defined by this Part and is not defined by the Zoning Ordinance [Chapter 27], then in administering this Part, the Borough and HARB may utilize a definition or interpretation provided in the "Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," or its successor publication.
2.
ALTERATION
APPURTENANT ELEMENTS
AWNING OR CANOPY
BOARD OF HISTORICAL ARCHITECTURAL REVIEW (HARB)
BOROUGH COUNCIL
BUILDING
BUILDING OR DEMOLITION PERMIT
BUILDING PERMIT APPLICATION
CERTIFICATE OR APPROPRIATENESS
CODE ADMINISTRATOR OR CODE ENFORCEMENT OFFICER
COMPLETED APPLICATION
DEMOLITION BY NEGLECT
DEMOLITION/RAZING
ERECTION
PERMIT
RECONSTRUCTION
REPLACEMENT
STRUCTURE
The following terms shall the meanings indicated:
Changing the architectural features of a structure.
Significant items subordinate to a building. Features such
as doghouses, mailboxes, house numbers and similar improvements shall
not be regulated by this Part.
An unenclosed structure that is attached to a building and is primarily intended to provide overhead protection from the sun and rain, or to reduce solar exposure into a window, and which mainly uses an approved flexible material (such as fabrics), and which may include a rigid frame or support posts where necessary, and which may be retractable. An awning that is detached from a building may also exist as part of a temporary tent for occasional special events. If an awning or canopy is architecturally integrated into the structure of a building (such as for an adjustable solar canopy near the roof over windows), then non-flexible materials may be approved. A rigid canopy that is attached or detached from a building may also exist over fuel pumps. See also § 4-214, Subsection 1B(18)(d).
The Agency that advises the Borough Council on any requests
for authorization to demolish, raze, construct or alter all or a part
of any building or structure within the Historic District.
The governing body of the Borough of Stroudsburg.
Any enclosed or open structure that is a combination of materials
to form a construction for occupancy and/or use for human habitation
and is permanently affixed to the land, including manufactured homes.
An approval statement signed by the Code Administrator/Code
Enforcement Officer authorizing the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or part of any building.
For the purposes of this Part, the request filed by any person
with the Code Administrator/Code Enforcement Officer that seeks authorization
to undertake an activity or change regulated by this Part.
The statement signed by the President of the Borough Council
which certifies that the Borough Council has approved or disapproved
an activity or change that is regulated by this Part.
A municipal employee of or individual retained and designated
by the Borough Council as the individual who enforces compliance with
construction and/or fire codes and issues the permit for the erection,
alteration, reconstruction, repair, restoration, demolition or razing
of all or a part of any building or structure within the Historic
District.
A completed certificate of appropriateness application that
conforms to the submittal criteria of this Part.
The absence of routine maintenance and repair which can lead
to a building's structural weakness, decay and deterioration,
which could eventually result in its demolition.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto.
The result of construction, such as a building, structure,
monument, sign, or object on the ground or on a structure or building.
An approval statement signed by the Code Enforcement Officer
authorizing the demolition, razing, construction or alteration of
all or part of any building or structure.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
To install new materials or components in place of existing
materials or components, such as removing roofing or porch railings
and installing new roofing or porch railings, regardless of whether
the same material and design or a different material or design.
[Added by Ord. 1042, 9/19/2017]
Anything constructed or erected, having a permanent or semi-permanent
location on another structure or in the ground, including, but not
limited to, buildings, sheds, manufactured homes, garages, and billboards.
[Ord. 901, 2/19/2009]
1.
The Stroudsburg Historic Preservation District shall be described
in writing in this section and delineated on a map designated as the
"Historic Preservation District Map of the Borough of Stroudsburg."
Such map shall be located in the office of the Borough Manager and
made available for public inspection.
2.
The Stroudsburg Historic Preservation District is hereby created
and described as follows:
ALL that certain piece or parcel of land situate in the Borough
of Stroudsburg, County of Monroe and Commonwealth of Pennsylvania,
being more fully described as follows:
BEGINNING at a point, said point being located at the northwesterly
property corner of 827B Ann Street; thence in a westerly and then
northwesterly direction along the southerly side of Ann Street to
the southeasterly property corner of 921-923 Main Street; thence westerly
along the southerly property line of said 921-923 Main Street and
1009 Main Street to the southerly side of Main Street; thence crossing
said Main Street in a northerly direction and along the westerly property
line of 1012 Main Street and 5 Elm Street to the northwesterly property
corner of said 5 Elm Street; thence in an easterly direction along
the northerly property line of said 5 Elm Street to the westerly side
of Elm Street; thence in a northerly direction to the northerly side
of said Elm Street; thence easterly along the northerly side of said
Elm Street to the westerly side of an unnamed alley; thence northerly
along 9 and 11 Elm Street to a point located on the property line
of 39 North 10th Street; thence easterly along the northerly line
of said unnamed alley to the intersection with the westerly side of
said North 10th Street; thence crossing said North 10th Street in
a northeasterly direction to the northwesterly property corner of
36 North 10th Street; thence easterly along the southerly side of
Sarah Street and northerly property lines of 36 and 34 North 10th
Street and 917, 915, 913, 911-909 Sarah Street and 31 North 9th Street
to the northeasterly property corner of said 31 North 9th Street;
thence in a northeasterly direction crossing North 9th Street to the
northwesterly property corner of 30 North 9th Street, said corner
being located at the intersection of the easterly side of said North
9th Street and the southerly side of said Sarah Street; thence in
a southerly direction along the easterly side of said North 9 Street
to the intersection with the northerly side of Monroe Street; thence
easterly along the southerly property line of 828 Monroe Street to
the southwesterly property corner of 816-826 Monroe Street; thence
along the westerly property line of said 816-826 Monroe Street and
crossing Sarah Street to the southerly common property corner of 822
and 862-864 Sarah Street; thence in a southwesterly direction along
the southerly property line of said 862-864 Sarah Street to the southwesterly
corner of said lot; thence northerly along the westerly property line
of said 862-864 Sarah Street to the intersection with the southeasterly
property corner of 827 Thomas Street; thence from 862-864 Sarah Street
proceed east on the north side of Sarah Street, northerly property
line of 822, 816, 814, 806, 804, 802, 800A, 800 and across North Eighth
Street to the northeast corner, 730 Sarah Street; proceed north on
the east side of North Eighth Street to and including 214, 220 North
Eighth Street, to the southeast corner of 722 Scott Street, to and
including 308 North Eighth Street to southeast corner of 729 Scott
Street and then to the northeast corner 730 Scott Street; thence easterly
along the northerly property line of 730, 726, 724, 722, 720, 716,
714-712, 710, 708-706 and 626 Scott Street to a point on the northerly
property line of said 626 Scott Street; thence northerly along the
westerly property line of Tax Parcel ID 18730118409212 Fulmer crossing
Fulmer Avenue and along the westerly property line of 704 Fulmer Avenue
to the northwesterly property corner of said 704 Fulmer Avenue; thence
easterly along the northerly property line of 704 Fulmer Avenue to
the northwesterly property corner of said 700 Fulmer Avenue; thence
in a southerly direction along the westerly property line of said
700 Fulmer Avenue and crossing to the southerly side of Fulmer Avenue,
said point being located on the northerly property line of 626 Scott
Street; thence along the northerly property line of said 626 Scott
Street and 602, 600 Scott Street and 613 and 611 Fulmer Avenue to
a point on line of 611 Fulmer Avenue; thence northerly crossing Fulmer
Avenue and along the westerly property line of 610 Fulmer Avenue to
the northwesterly property corner of said 610 Fulmer Avenue; thence
easterly along the northerly property line of 610, 608, 606, 604,
602, 600 Fulmer Avenue to the northeasterly property corner of said
600 Fulmer Avenue; thence southerly along the easterly property line
of said 600 Fulmer Avenue and crossing Fulmer Avenue to the northeasterly
property corner of 307-315 Wallace Street; thence easterly and crossing
said Wallace Street to the northeasterly property corner of 312 Wallace
Street, said property corner being located on the southerly side of
Fulmer Street; thence southerly along the easterly property line of
312 and 306-308 Wallace Street to the southeasterly property corner
of said 306-308 Wallace Street, said property corner being located
on the northerly property line of 520-522 Scott Street; thence along
the northerly property line of 520-522, 516-518, 512-514, 508-510
and 500 Scott Street in an easterly direction to the northeasterly
property of said 500 Scott Street, said property corner being located
on the westerly side of North 5th Street; thence along said westerly
side of North 5th Street in a southerly direction along 500 Scott
Street crossing said Scott Street and along the easterly property
line of 501 Scott Street and 209 North 5th Street crossing an alley
to a point on the easterly property line of 500 Thomas Street; thence
easterly crossing said North 5th Street and along the northerly property
line of 200 North 5th Street to the northeasterly property corner
of said 200 North 5th Street; thence following various southerly and
southwesterly directions along the easterly property line of 200,
124-126 and 122 North 5th Street to the southeasterly property corner
of said 122 North 5th Street; thence westerly to the southwesterly
property corner of said 122 North 5th Street; thence northerly along
the westerly property line of said 122 and 124-126 North 5th Street
to the northwesterly property corner of 124-126 North 5th Street,
said point being located on the easterly side of North 5th Street;
thence southwesterly along the easterly side of said North 5th Street
and crossing the Sarah Street Extension to the northeasterly property
corner of 32 North 5th Street; thence along the easterly property
line of said 32 North 5th Street to the southeasterly property corner
of said lot; thence southwesterly crossing an alley to the northerly
most corner of 26 North 5th Street; thence along various southeasterly
and southwesterly directions along the easterly property lines of
said 26 and 20 North 5th Street crossing McConnell Street to the northwesterly
property corner of 15 North 4th Street; thence along various northeasterly
directions crossing North 4th Street and along the northerly property
line of Tax Parcel ID 18730007695 McConnell, 344, 340, 336, 334, 330,
312 Main Street crossing Kane Street and continuing along the northerly
property line of 306 and 304-300 Main Street to the northeasterly
corner of said 304-300 Main Street, said property corner being located
on the westerly side of North 3rd Street; thence southeasterly along
the easterly property line of said 304-300 Main Street to the southeasterly
property corner of said lot, said corner being located at the northwesterly
intersection of Main Street and North 3rd Street; thence southwesterly
along the southerly property line of said 304-300, 306 and 308 Main
Street to a point on the property line of said 308 Main Street; thence
southeasterly crossing Main Street and along the easterly property
line of 315 Main to the southeasterly property corner of said 315
Main; thence following along various southerly courses to the southeasterly
property corner of 355 Main, said property corner being located along
the northerly side of McMichaels Creek; thence along said northerly
side of a creek following various southwesterly and northwesterly
courses and the southerly property line of 355, 411-415, 427-429 and
437 Main crossing North 5th Street to a point on the easterly property
line of the Ann Street Park; thence continuing along said northerly
side of a creek by various courses and distances and also along the
southerly property line of said Ann Street Park and 537, 539, 541,
543, 559-561, 563, 601, 603, 605-607, 613-615, 617, 621 Ann Street
crossing Garden Street and continuing along the southerly property
line of 701, USA and 727 Ann Street to a point on the southerly side
of an alley, said point being located due south of the southeasterly
property corner of said 727 Ann Street; thence westerly along the
southerly side of said alley to the easterly side of South 8th Street,
thence in a southerly direction along said South 8th Street to the
southeasterly property corner of 117 South 8th Street; thence following
along the southerly property line of said 117 South 8th Street crossing
Palmer Alley and along the southerly property line of 821 and 825
Ann Street to the easterly side of an alley that lies between 825
and 827B Ann Street, by various westerly and northwesterly courses;
thence southerly along said alley to a point; thence by various westerly
and northwesterly courses crossing said alley and along the southerly
and westerly property line of 731 and 827B Ann Street to a point,
said point being the POINT OF BEGINNING.
[Ord. 901, 2/19/2009;
as amended by Ord. 993, 10/7/2014]
1.
Creation and Membership. The existing Board of Historical Architectural
Review (HARB) is hereby continued and shall be composed of nine members
appointed by the Borough Council. One member shall be a registered
architect, one member shall be a licensed real estate broker, one
member shall be the Building Inspector, at least two members shall
be resident property owners of the Historic District, and all members
shall have knowledge of and an interest in preservation of historic
structures.
2.
Terms of Office. Of the initial appointees to the Board, one shall
be designated until the first day of January following July 19, 2006,
two until the first day of the second January thereafter, two until
the first day of the third January thereafter, and two until the first
day of the fourth January thereafter. These successors shall be appointed
on the expiration of their respective terms to serve four-year terms.
3.
Vacancies. The term of the registered architect, the licensed real
estate broker or the Code Enforcement Officer shall be considered
vacant if the member no longer engages in the occupation. The membership
of the resident property owners in the district shall cease if the
member no longer resides or owns property in the district. The Board
shall promptly notify the Borough Council of vacancies. Vacancies
shall be filled for the unexpired term.
4.
Conflict of Interest. It shall be the duty of each HARB member to
remain conscious of and sensitive to any possible conflict of interest
(including, but not limited to, financial considerations) that may
arise by virtue of her or his membership on the HARB. A member, promptly
upon her or his determining a conflict relative to any matter brought,
shall disqualify herself/himself from participating as a HARB member
in the presentation or deliberation of and the voting on any such
manner.
[Ord. 901, 2/19/2009]
1.
Advisory Role. The HARB shall provide recommendations to the Borough
Council regarding the advisability of issuing a certificate of appropriateness
required under this Part.
2.
Board Rules and Guidelines. The HARB may make and alter rules and
bylaws for its own organization and procedure, provided that they
are consistent with the laws of Pennsylvania and this Part. The HARB
may also prepare advisory guidelines that are intended to provide
recommendations to applicants on the types of changes the Borough
is likely to approve and likely to deny.
3.
Removal of Members. A HARB member may be removed for malfeasance,
misfeasance, or nonfeasance in office or for any other just cause
by a majority vote of the Borough Council. The Borough Council shall
notify the Board member of the charges 15 days before the vote. A
hearing on the vote shall be held if the member requests it in writing.
4.
Annual Reports. The members of HARB shall make an annual report to
the Borough Council, which shall include:
A.
Any recommendations for changes in this Part;
B.
The number and types of cases reviewed;
C.
The number of cases for which a certificate of appropriateness was
either approved or denied;
D.
The number of HARB meetings which each member attended;
E.
Historic-preservation-related training which each member attended;
or
F.
A narrative summary describing the state of preservation in the preservation
district, with recommendations in policy, goals, and objectives for
Borough Council consideration.
5.
Organization. The Board will meet at least once each month if the
Code Enforcement Officer has received applications for review. If
no such applications have been submitted, no meeting shall be necessary.
The HARB Chairperson may call any additional meetings considered necessary
to carry out its duties indicated in this Part. Such meetings shall
be open to the public. Officers, elected from the membership, shall
serve annual terms and may succeed themselves. A majority of the HARB
members shall need to be present to constitute a quorum. Affirmative
actions shall require a majority vote of the members present, provided
that there is a quorum. No HARB member shall take part as a HARB member
in a discussion or vote on issuing a certificate of appropriateness
for any property in which that member has a direct interest. The Board
shall keep full public records of its business.
6.
Expenditures for Services. Within the limits of funds appropriated
by the Borough Council, the HARB may employ or contract for technical
and clerical services. HARB members shall serve without compensation,
except that the Borough Council may reimburse members for expenses
incurred in the performance of their duties.
7.
Training. The Borough Council may require that HARB members and support
staff attend up to eight hours of seminars, conferences or workshops
related to historic preservation and HARB administration.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
The HARB may conduct research and recommend to the Borough Council
whether to modify this Part or the Historic Preservation District
boundaries.
2.
The HARB shall apply the provisions included in this Part and shall
require plans, drawings or other information necessary to review and
recommend action upon a certificate of appropriateness.
3.
The HARB may advise owners of properties in the Historic District
on the physical and financial aspects of preservation, rehabilitation
and reuse. Applicants are encouraged to discuss their project with
a Borough Code Enforcement Official or to request an informal review
at a HARB meeting before an official submittal is made. An informal
review may result in a streamlined approval process for the applicant,
because many issues can be addressed before an official submittal
was made.
4.
The HARB may call upon experts in historic preservation and in other
technical fields for advice.
5.
The HARB Chairperson may testify before boards and commissions on
any matter affecting buildings or sites of historic or architectural
significance in the Borough. In addition, any HARB member may be designated
by the HARB to speak on behalf of the HARB, or a HARB member may speak
as an individual.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
Certificate of Appropriateness.
A.
A review by the HARB and the issuance of a certificate of appropriateness by the Borough Council shall be required for the following activities or changes affecting all or part of any building or structure located in the Historic Preservation District that is visible from a public street or adjacent public sidewalk or Quaker Alley, Church Alley or Bank Alley, except as is provided by Subsection 1D:
(1)
Changes to rooflines and/or roofs.
[Amended by Ord. 1042, 9/19/2017]
(2)
Changes in the size, style, shape or number of doors, windows
or other openings or a proposed blocking of a window or door opening.
(3)
Any erection, placement, rehabilitation, removal, exterior alteration,
expansion, replacement or demolition of any building or portion thereof.
[Amended by Ord. 1042, 9/19/2017]
(4)
Enclosure of a porch or demolition, removal and/or construction
of walls and fences, provided that this Part shall not regulate removal
of wooden or chain-link metal fences.
(5)
Structural enlargement or partial or complete demolition of
principal or accessory buildings, or parts thereof.
(6)
Construction or placement of a new building, other than a single
accessory building of 100 square feet of floor area or less.
(8)
Painting of previously unpainted brick and other masonry exterior
surfaces.
(10)
Sandblasting of masonry surfaces.
(11)
Removal, replacement or covering of cornices, pillars, shutters
and architectural details.
(12)
Installation of a wind turbine.
(13)
Erection, alteration or relocation of a public monument within
the Historic District.
(14)
Placement of planters placed on a sidewalk, or benches, bollards
or closely similar improvements within the public street right-of-way,
other than temporary items that are only used during special events.
B.
No other Borough permit for such activity or change shall be valid
until the Borough Council has approved a certificate of appropriateness
as required under this Part.
C.
Visibility. If a feature regulated by this Part is only obstructed
by landscaping or a fence from being visible from a street, such feature
shall still be considered to be visible.
D.
Changes Needing Review. The following actions shall be provided to
the HARB for review but shall not need Borough Council approval, provided
that the following standards are met. If the following standards are
not met, then an approval of a certificate of appropriateness by Borough
Council shall be required, after HARB review.
[Amended by Ord. 1042, 9/19/2017]
(1)
Chemical or mechanical cleaning (other than sandblasting or
low-pressure water cleaning) of masonry surfaces of a building. The
gentlest possible method shall be used to clean brick and stone, such
as low-pressure water cleaning with a mild detergent and soft brushes.
(2)
The replacement of windows or the addition of storm windows
and storm doors, provided that the size and shape of the door or window
opening is not changed and the windows maintain the same appearance,
unless the window or door opening is being restored to its original
size and shape, and provided that any front storm door shall be a
minimum of 75% clear. If an existing window had an upper and lower
sash, the replacement window shall also appear to have an upper and
a lower sash. Nonrectangular windows, such as brow, gothic, round,
half-round, or eyebrow windows, must be replaced with a product that
reproduces the original shape of the glass, unless the change is approved
with a certificate of appropriateness by the Borough Council. For
example, under this section, a brow window may not be replaced with
a rectangular window that is filled in at the top.
(4)
The installation of solar energy collection devices that are
visible from a street.
2.
Exceptions. The following actions shall not require review and approval
under this Part:
A.
Repairs, interior changes and below-ground changes that do not affect
the exterior appearance of a building.
B.
Changes that are not visible from a public street or adjacent public
sidewalk, such as changes that would only be visible from an alley;
provided, however, that features visible from Quaker Alley, Bank Alley
and Church Alley shall be regulated by this Part.
C.
Painting, other than painting of previously unpainted masonry, or
removing paint.
D.
The repointing of brick or stone with mortar that is similar in color
across a facade and that does not involve an excessive percentage
of cement in the mix that would make the mortar stronger than the
brick or stone and thereby cause the brick or stone to crack over
time. However, the applicant or his/her contractor shall first discuss
such work with the Borough Codes Office before initiating the work.
Applicants are encouraged to review Preservation Briefs one and two,
which are available for free at www.nps.gov/hps.
E.
The cleaning of a building that does not chemical, abrasive or mechanical methods or sandblasting of the exterior of a building, and provided that the cleaning process does not harm the exterior. See also Subsection 1D(1) above.
F.
The installation of outdoor light fixtures, other than as part of
regulated signs.
G.
The installation, repair or replacement of curbing or sidewalks.
H.
The erection or placement of an accessory building of 100 square
feet or less of floor area within a rear yard.
I.
The construction or placement of a swimming pool, hot tub, children's
swing set, unroofed deck or unroofed patio within a rear yard or the
construction of a ground-level patio; or the construction of a deck
that is raised less than 30 inches above grade level at any point
and that is not visible from a public street.
J.
The installation or replacement of gutters and downspouts, provided
that the same style, shape and attachment system are used and provided
that character-defining features are not covered.
K.
Other work which does not change the exterior appearance of the building
but which consists solely of normal and routine maintenance designed
and carried out to protect and preserve the building, such as caulking
and weatherstripping.
L.
Installation of heating, air conditioning or ventilation equipment,
provided that a new system is not placed within the front yard or
on the front porch. However, the following shall require the issuance
of a certificate of appropriateness by Borough Council if they are
visible from a public street: (1) an exterior ventilation system for
a restaurant, or (2) any air conditioning unit that is built into
a building wall (as opposed to an air conditioning unit placed in
a window which is not regulated by this Part).
M.
Satellite dishes with a diameter of three feet or less each, an antenna
for receiving broadcast television signals, or utility lines or meters.
(1)
To the maximum extent feasible, new utility meters should be
placed at a location that is not immediately adjacent to a public
street, and satellite dishes should be placed at a location other
than on the front building facade where a reasonable alternative location
exists.
(2)
To the maximum extent feasible, when satellite dishes are attached
to the front of a building, they should be placed above the point
where the building roof meets the building wall, or another location
that is less prominent as viewed from the sidewalk. Satellite dishes
should be avoided in locations along the first floor or on a front
porch.
(3)
The owner of the building shall remove any satellite dishes,
antenna or similar outdoor communications equipment once it is no
longer in use.
N.
Demolition of an accessory building or deck that is clearly less
than 50 years old. Any repairs to a principal building that are needed
as part of the demolition shall need HARB review.
O.
If a feature would not need approval under this Part if that feature
was newly placed on the lot, that same type of feature shall also
not need approval if the feature is removed.
3.
Color. This Part shall not regulate paint colors. In advisory reviews,
particular emphasis should be placed upon avoiding colors that are
clearly and seriously incompatible, such as garish or day-glow colors.
However, painting previously unpainted masonry surfaces shall need
approval under this Part.
[Amended by Ord. No. 1078, 5/7/2019]
4.
Preapproval. Based upon recommendations of the HARB, the Borough
Council may, by resolution, preapprove certain standard designs, such
as specific types of porches, fences, walls, or window replacements.
Once such preapproval is granted, then a separate approval is not
needed under this Part for a change that meets such standard design.
If such standard design is met, then the Code Enforcement Officer
may issue permits in the same manner as would apply outside of the
Historic District.
5.
Procedures of the Code Enforcement Officer. When the Code Enforcement
Officer receives an application for an activity or change regulated
by this Part, the procedures of this section shall be followed. A
fee shall not be required under this Part.
A.
If the proposed work requires HARB review and/or Borough Council
approval, no related permit(s) shall be issued by the Code Enforcement
Officer until proper actions have been rendered by the HARB and the
Borough Council as described in this Part. All applications requiring
review must be received at least seven days prior to a scheduled HARB
meeting to be considered.
B.
Application Materials. The applicant shall complete the Borough's
application form and shall provide a written description of the changes
that are proposed for approval. The Code Enforcement Officer shall
require that the application be sufficiently detailed to fully understand
the extent and design of the proposed changes. If needed to determine
compliance with this Part, the Code Enforcement Officer may require
that the applicant submit photos of the existing features of the lot,
photos of adjacent buildings, a detailed sketch of proposed changes,
an elevation drawing to scale showing the front facade of any proposed
new building or building addition, and photographs or illustrations
showing materials that are proposed to be used. As part of the application,
where available, the applicant shall provide a manufacturer's
product sheet, photos or direct internet links that fully show proposed
building materials (such as a proposed new door or replacement window
visible from a public street).
C.
At the time of application, or after the application is considered
complete, the owner of record or his/her representative shall be advised
of the time and place of the HARB meeting when his/her application
will be considered and shall be advised that his/her or said representative's
attendance at the meeting is required.
[Added by Ord. 1042, 9/19/2017]
6.
Schedule. Within seven days of receipt of an application requiring
review, the Code Enforcement Officer shall notify the HARB of said
application. Upon receipt of the notice from the Code Enforcement
Officer that an application requiring review has been filed, the HARB
should, within 30 days of receipt of such notice, schedule a meeting
to consider the recommendation which it will present to the Borough
Council. The Borough Council will then make a final decision based
on information obtained from the HARB. The applicant or his/her representation
shall be notified of the HARB and Borough Council meeting place and
time.
7.
Recommendation. If the HARB decides to recommend against the granting
of a certificate of appropriateness, the HARB shall indicate to the
applicant the changes in the plans and specifications, if any, which
would protect the distinctive historic character of the district.
If the applicant determines that he/she will make the changes suggested
by the HARB, he/she shall so notify the HARB and the Borough Council.
8.
Action. (Note: The goal of the Borough in most cases is to provide
a decision within 45 days after receiving a complete application.)
The Borough Council shall approve, conditionally approve or disapprove
an application under this Part within a maximum of 90 days after a
complete application has been duly received by the Code Enforcement
Officer, unless a written time extension is provided by the applicant.
If such time limit is not met, the decision shall be deemed to have
been rendered in favor of the applicant, unless the applicant has
agreed, in writing, to an extension of time.
9.
Denial. If the Borough Council denies an application for a certificate
of appropriateness, it shall be in writing, stating reasons for the
denial, and a copy shall be given to the applicant, to the Code Enforcement
Official and to the Pennsylvania Historical and Museum Commission.
The Borough Council shall also indicate the types of changes that
would be needed to a denied application to increase the likelihood
of it being approved if resubmitted. A denial may be appealed within
a maximum of 30 days after the applicant receives a written decision
to the County Court of Common Pleas.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
Standards. In determining the recommendations to be made to the Borough
Council concerning the issuance of a certificate of appropriateness,
the HARB shall consider only those matters that are pertinent to the
preservation of the historical and/or architectural aspect and nature
of the building, or structure site, area, or district, certified to
have historical significance. The HARB shall consider the Secretary
of the Interior's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings and the following additional standards, which shall
supersede the former in the event of a conflict:
A.
The effect of the proposed change upon the general historic and architectural
nature of the district shall be considered.
B.
The general design, arrangement, texture, and material of a building
or structure and the relation of such factors to similar features
of buildings or structures in the district shall be considered, including,
but not limited to, the following standards:
(1)
Proportion of Building Front Facades. The relationship between
the width of the front of the building and the height of the front
of the building should be maintained. The Borough may require that
a long building be designed to have the appearance of two or more
smaller buildings. A new building with a length of greater than 50
feet along a public right-of-way should have the appearance of two
or more interconnected buildings, such that the width of each interconnected
portion does not exceed two-thirds the height of the building.
(2)
Proportion of Openings Within the Building. The relationship
of the width to height of windows and doors should be maintained.
For example, if adjacent historic buildings have window openings of
a certain size, that size should be maintained on a new building.
With the exception of street-level storefront windows, transoms, and
non-functioning accent windows, windows on facades facing a public
right-of-way should maintain a proportion such that the width is no
more than two-thirds the height of the window. Windows on each story
should maintain a uniform height, with the exception of bathrooms
and stairwells. Windows should also be stacked above and/or below
windows on other stories wherever possible. Mirrored glass shall not
be used as an exterior building material.
(a)
If a building is proposed under the Borough's C-O Overlay
District option for additional height, it shall have windows separated
from each other so that the predominant siding material continues
uninterrupted between them. In such case, the distance between windows
should be no less than two-thirds of the width of adjacent windows.
Individual window openings of sizes typically found in buildings constructed
before 1950 along Main Street in the Borough shall be used, as opposed
to more modern connected strips of windows. In such case, multiple-unit
windows installed in a single rough-opening shall not be permitted.
(3)
Rhythms of Solids to Voids in the Front Facade. The relationship
between a recurrent alteration or strong and weak architectural elements
should be maintained, thereby maintaining a rhythm of solids to voids.
Building walls that have few or no window and door openings along
a public sidewalk shall be avoided. Where a window opening to the
interior of the building is not possible for a security reason, then
an enclosed display window may be used.
(4)
Rhythm of Spacing of Buildings on Streets. The existing rhythm
of recurrent or repeated building masses to spaces between each building
should be maintained.
(5)
Entrance and/or Porch Projections. The existing rhythm of entrances
or porch projections should be maintained to continue a pedestrian
scale.
(6)
Materials. Whenever feasible, existing historic materials shall
be repaired, as opposed to being replaced.
(a)
If a property owner submits an application to replace existing
historic materials, HARB and/or Borough Council may elect to have
the property owner seek up to three estimates from contractors registered
with the Pennsylvania Attorney General's Office, with each estimate
comparing the cost of replacement with alternative methods of rehabilitation
as suggested by the HARB.
(b)
If replacement is warranted, the replacement shall have the
same or a more-original appearance when viewed from a public street
or adjacent public sidewalk or Quaker Alley, Bank Alley or Church
Alley.
(c)
A particular emphasis shall be placed upon preserving the predominant
historic materials of brick, stone and wood siding. Such replacement
features do not necessarily need to involve the same materials as
long as the appearance and detailing is identical to the material
it is replacing. No substitute material should be approved which is
incompatible with the original fabric of the building or structure.
(7)
Textures. The predominant historic textures should be maintained,
such as rough or smooth brick.
(8)
Architectural Details. Architectural details and character-defining
features of buildings shall be preserved and shall not be covered,
such as but not limited to cornices, lintels, arches, quoins, trim,
balustrades and iron work, stained glass, and chimneys. Historic porches
shall not be removed, and porch details shall be consistent with older
styles of construction.
(9)
Roofs. Existing historic roof shapes and pitches shall be maintained.
Where adjacent historic buildings have a pitched roof, a new building
or addition should include a similarly pitched roof. Roof styles shall
follow a style that is present among historic buildings in the Historic
District. A building shall not have the appearance of a flat roof
as viewed from the street, unless it has a decorative cornice or overhanging
eaves or a parapet wall. Mansard, gambrel, or other highly visible
steep-pitched roofs, as well as prominent details such as patterned
shingles, turrets, and eyebrow arches, shall be maintained using original
materials wherever possible. Buildings opting into the C-O Overlay
District shall be roofed with slates, simulated slates such as PVC,
or cedar shakes wherever the roof is visible from the street. In such
case, asphalt shingles, clay tiles, or corrugated metal roofing are
not permitted, but standing-seam metal roofing may be substituted
where deemed appropriate by Borough Council, after a review by the
HARB.
(10)
Walls of Continuity. Physical elements which provide visual
continuity and cohesiveness as part of a streetscape shall be maintained,
such as brick walls, wrought-iron fences, building facades or combinations
of these elements.
(11)
Directional Expression of Front Elevation. The orientation of
structural shapes, plan of openings and architectural detail that
reflect a predominantly vertical or horizontal character to the building's
facade should be maintained.
(12)
Scale. The scale of the built environment created by the size
of units of construction and architectural detail that relate to the
size of persons shall be maintained. In addition, building masses
should be maintained in relation to open space.
(13)
Siding, Stucco and Capping. No vinyl or aluminum siding, stucco
or similar material shall be allowed to cover the exterior of a brick,
stone, or wood-sided building or structure. No capping with aluminum
or vinyl or other material shall be allowed on the exterior of character-defining
features of a building or structure, unless the Borough Council determines
that there is no reasonable alternative. Where vinyl siding with aluminum-clad
trim is deemed appropriate, the window trim shall be "padded out"
with wood so that the trim stands out from the face of the siding.
(a)
Buildings opting into the C-O Overlay District shall have facades
of an architectural masonry product such as brick, stone, or of materials
similar to those found in facades immediately adjacent if deemed historically
appropriate, or of a simulated masonry product that has the appearance,
texture, scale, and durability of the material it is made to simulate.
The use of concrete masonry unit block, stucco, exposed concrete,
glass block, board-and-batten, T1-11 materials, and aluminum or vinyl
siding are not permitted on such buildings.
(14)
Storage and Parking. The views of outdoor storage and vehicle
parking lots from public streets shall be minimized.
(15)
Placement of the Building on the Lot. A new principal building
shall be constructed with a front setback that is similar to existing
buildings on the same block.
(16)
Placement of Additions. Where feasible, a building addition
shall be located and designed to maintain a consistent streetscape
along the front lot line. A more modern addition shall be placed to
the rear of a building.
(17)
Heights. Buildings should be similar in height to adjacent historic
buildings. Buildings fronting along Main Street shall include two
or more habitable stories.
(18)
Signs. Signs should not be internally illuminated. See the provisions of the Zoning Ordinance [Chapter 27], which may prohibit internally illuminated signs in certain areas. Where a sign may be approved to be internally illuminated, it should include individual letters as opposed to a box-type design. Animated, blinking or flashing signs shall not be allowed. Signs shall not cover architectural details.
(a)
Signs shall be attached in ways that will avoid permanent damage
to historic masonry. It is preferable to attach sign fasteners to
surfaces other than actual bricks. Where sign fasteners are attached
to a brick surface, the anchor should be placed in a masonry joint
of sufficient width that will not result in damage to the brick. Where
the masonry joint is not wide enough for a needed anchor and no other
alternatives exist, then it is usually best to place an anchor through
the middle of a brick.
(b)
Signs that have the appearance of wood and that have carved,
raised or painted lettering are encouraged. (Note: the Uniform Construction
Code may not allow the actual use of wood for fire safety reasons).
(c)
New box-type rectangular internally illuminated signs shall
not be used, but an existing box sign in good condition may be reused
with a new face. Where internally illuminated signs are used, they
should consist of channelized letters and/or logos, as opposed to
being a single rectangle.
(d)
Signs may be placed on approved awnings, provided a sign or
awning shall not be added in a location that would cover historic
architectural details. A Borough encroachment permit may be needed
for any awning or improvement that extends into the public right-of-way
(which is usually the public portion of a sidewalk). Awnings shall
not have the appearance of a stretched plastic material and shall
not be internally illuminated for the purposes of serving as a sign.
(e)
Most wall mounted signs are intended to be placed immediately
above the first floor, or next to a doorway, or to extend perpendicular
to the front of a building.
(19)
Door and Window Gates. Gates that roll over doors and windows
(such as a roll-down metal gate over a business) shall be prohibited,
except that the Borough Council may approve a design that can be seen
through if needed for security reasons.
(20)
Sandblasting. Abrasive sandblasting of stone and brick surfaces
shall not be allowed in a manner that erodes the outer surface of
the material and causes deterioration.
(21)
Mechanicals. Wherever possible, rooftop mechanical and communications
equipment shall be located toward the rear one-third of the building
as viewed from the principal public street. The equipment shall be
totally screened from view at street level and shall not exceed eight
feet in height above the roof. Packaged terminal air conditioners
(PTACs) that are installed within a wall are not permitted on any
wall visible from a public right-of-way, including Quaker Alley, Bank
Alley, and Church Alley. This provision is not intended to regular
standard air conditioners inserted into a window.
(22)
Porches. Where a porch is visible from a public right-of-way,
porch railings shall follow a traditional design and shall be painted
and constructed of wood, solid PVC, solid PVC-wood composite, cast
iron, or metal made to resemble cast iron. All exposed pressure-treated
wood shall be painted or treated with a solid-based stain.
[Amended by Ord. 1042, 9/19/2017]
(23)
Window Construction. Wherever possible, the style of window
shall be complementary to historic structures nearby (for example,
a hooded window with a masonry sill). Where divided lites are deemed
appropriate, the width of each lite shall not be greater than its
height. Any use of mirrored glass is prohibited on doors and windows.
(24)
Mortar Joints. Acceptable mortar joint styles for brick structures
include beaded joints, rodded or flush joints. Weathering joints,
deep raked joints and "weeping" joints are not permitted.
C.
The HARB may also consider the Guidelines for Rehabilitating Historic
Buildings and other explanatory guidelines and reports issued by the
United States National Park Service.
D.
In such rare cases where the HARB recommends and the Borough Council
approves demolition of an historic building or structure, a good-faith
effort shall be made by the Borough Council and the owner(s) to move
said building or structure to a proximate site. If moving a building
or structure slated to be demolished is economically or practically
infeasible, efforts shall be made to salvage architectural features
of said building or structure for use within the Borough of Stroudsburg.
E.
Financial Feasibility. The HARB shall consider any evidence provided
by an applicant or others regarding the financial feasibility of its
recommendations in response to a request for a certificate of appropriateness.
Financial feasibility shall include considering whether a proposed
repair, rehabilitation or replacement in kind would cause an unreasonable
cost and whether an acceptable alternative exists that is more cost-effective.
The HARB and/or Borough Council may require that an applicant provide
up to three estimates from bona-fide contractors and/or vendors substantiating
her or his claims regarding financial feasibility. Evidence shall
be provided that these contractors are registered with the Pennsylvania
Attorney General's Office, and the number of years of operation
under the current business name shall be stated. If the property owner
is proposing to replace existing historic materials, the HARB and/or
Council may require that these estimates compare the cost of replacement
with alternative methods of rehabilitation as suggested by HARB. If
any estimate shows evidence of bias or conflict of interest, HARB
and/or Borough Council may require the applicant to obtain additional
estimates. Failure of the applicant to supply the requested estimates
and/or documentation may result in a denial of the application. The
HARB shall determine as to the condition of said architectural feature
based on its inspection, photographs or report from the Code Enforcement
Officer or consultant(s).
2.
Other Ordinances. All other requirements of any Borough ordinance
must be complied with.
3.
Markers. Historical markers may be authorized by the HARB, subject
to the provisions stipulated, and such markers shall not be considered
as signs but are to be erected in accordance with the requirements
established for historic markers by the HARB.
4.
Demolition.
A.
Purpose. The intent of this subsection is to ensure that valuable
historic resources are not permanently destroyed unless there are
no reasonable alternatives available.
B.
This Subsection 4 shall apply to any existing principal building or enclosed portion of a principal building within the Historic District. Such building shall not be demolished unless one or more of the following standards is satisfied, in the determination of the Borough Council, considering the recommendations of the HARB:
(1)
That the building is noncontributing to the Historic District,
based upon the advice of the HARB, and any additional professional
evaluation of historic significance that may be available;
(2)
That the applicant proves by credible evidence that no reasonable
beneficial use of the building is possible and that such situation
is not the result of intentional neglect by the current owner;
(3)
That the applicant proves by credible evidence that the denial of the demolition would result in unreasonable economic hardship to the owner and the hardship was not self-created, following the process of § 4-215; or
(4)
That there is substantial credible evidence that the demolition
is necessary to allow a project to occur that will have substantial,
special and unusual public benefit that would greatly outweigh the
loss of the historic building.
C.
The burden of proof shall be upon the applicant to prove compliance with this Subsection 4. The HARB and/or the Borough Council may require the applicant to submit written documentation and/or expert testimony to support the applicant's claims, such as but not limited to a professional appraisal, income and expense statements for the property, estimates of the rehabilitation costs, testimony concerning efforts to market the property over time, and similar relevant information.
D.
If a building is proposed to be demolished to provide a site for
a new building, the applicant shall provide a preliminary architectural
elevation of the new building. The applicant shall describe the proposed
timeline for the new building. The Borough Council may require that
evidence be provided that the applicant has the resources to construct
the new building and that the project is feasible and not merely speculative.
E.
The Borough Council may place a condition on a proposed building
demolition to state that the demolition permit shall not be issued
until after zoning approval, land development approval and/or construction
permits for a new building on the site have been approved by the Borough.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
When a claim of unreasonable economic hardship is made due to the
effect of this Part, the applicant, with the cooperation of the owner
of record, must present credible evidence sufficient to prove that,
as a result of a requirement under this Part, the owner of record
is unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The following shall be submitted to the Borough,
as applicable to the claim:
A.
Date the property was acquired by its current owner.
B.
Price paid for the property (if acquired by purchase) and a description
of the relationship, if any, between the buyer and the seller of the
property.
C.
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
D.
Current market value of the property.
E.
Equity in the property.
F.
Past and current income and expense statements for the past two years.
G.
Past capital expenditures during ownership of the current owner.
H.
Appraisals of the property obtained within the previous two years.
I.
Income and property tax factors affecting the property.
J.
All appraisals obtained within the previous two years by the owner
or applicant in connection with purchase, offerings for sale, financing
or ownership of the property, or state that none were obtained.
K.
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
L.
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of the HARB for changes necessary for it to approve a certificate
of appropriateness.
M.
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or nonprofit corporation, limited partnership, joint venture
or other.
2.
The HARB and/or Borough Council may require that an applicant furnish
additional information relevant to its determination of unreasonable
economic hardship.
3.
The applicant's claim shall consider whether there are any other
uses currently allowed that would provide a reasonable return and
whether such a return could be obtained through investment in the
property for rehabilitation purposes.
4.
Should the applicant satisfy the Borough Council that she/he will
suffer an unreasonable economic hardship if a certificate of appropriateness
is not approved, and should an alternative solution not be identified
which can relieve the owner's economic hardship, the Borough
Council must recommend a certificate of appropriateness for demolition.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
All buildings and structures within the Historic Preservation District
shall be maintained in good repair, so as to remain structurally sound
and reasonably protected against decay and deterioration. Examples
of such deterioration, which shall not be allowed to occur, include:
A.
Deterioration of exterior walls and other vertical supports.
B.
Deterioration of roofs or other horizontal members.
C.
Deterioration of exterior chimneys.
D.
Deterioration or crumbling of exterior stucco or mortar.
E.
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken window(s) or doors.
F.
Deterioration of any features so as to create a hazardous condition
which could lead to the claim that a demolition is necessary for the
public safety.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
In the event that a building within the Historic District suffers
from an unforeseen emergency situation that requires immediate action
to stabilize and secure the building, because of fire, explosion or
similar causes, in order to avoid a clear and present danger, the
property owner may take such necessary action without completing the
procedures established in this Part. The property owner shall notify
the Code Enforcement Official as soon as possible and apply for a
permit for such work at the earliest possible date. The owner shall
accomplish the minimal amount of work regulated by these Historic
District regulations that is necessary to stabilize and secure the
building.
2.
The Code Enforcement Official may approve the demolition of part
or all of a building or the removal of certain features if there is
an immediate hazard to public safety, without requiring prior approval
under this Part. However, an application shall then be required by
the owner under this Part to determine a resolution of the matter,
including whether any removed features need to be reattached or replaced.
3.
If demolition or other actions regulated by this Part occur that
the Code Enforcement Official determines were not of a necessary emergency
nature, then the owner shall bear the expense of remedying the unauthorized
demolition and actions, including reconstructing and replacing historic
features.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
1.
The Code Enforcement Officer or his/her designee shall provide a notice of violation of this Part in the same manner as is provided under the Zoning Ordinance [Chapter 27]. Prior to issuing a formal notice of violation, the Code Enforcement Office may also informally notify a person of a violation and request compliance.
2.
Violations of this Part shall include but are not limited to: (1)
failure to apply for and receive approval by the Borough Council when
it is required; (2) failure to apply for a review by the HARB when
it is required; (3) completing work without having received a certificate
of appropriateness required by this Part; or (4) failure to comply
with Borough-approved work. Such notice shall direct the abatement
of said violation within a specified time period to be determined
by the Code Enforcement Officer.
3.
In the event the construction, alteration, demolition or other matter
regulated by this Part does not comply with the approved certificate
of appropriateness, the Code Enforcement Officer shall have the authority
to issue a stop work order. The Code Enforcement Officer shall require
that the building owner obtain a new certificate of appropriateness,
unless the work is revised to comply with the certificate of appropriateness.
Failure to adhere to the certificate of appropriateness shall constitute
a violation of this Part and shall be subject to the penalties provided
in this section.
4.
If any activity is occurring without the needed approval under this
Part, the Code Enforcement Officer shall have the authority to issue
a stop work order.
The Code Enforcement Officer or his/her designee shall have
the power to institute any proceedings at law or in equity necessary
for the enforcement of this Part. Enforcement shall occur in the same
manner as is provided in the Construction Code in effect in the Borough,
under the Pennsylvania Construction Code Act, as amended,[1] with such provisions hereby included by reference.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
[Ord. 901, 2/19/2009]
Any person, firm or corporation who shall fail to comply with
the requirements of this Part or shall violate the terms hereof shall,
upon conviction thereof before a District Magistrate, be sentenced
to pay a fine of not more than $500 per violation, plus court costs
and reasonable attorney's fees incurred by the Borough. Each
day's continuance of a violation of any of the provisions of
this Part shall constitute a separate offense, subject to an additional
fine. Each removal of an architectural feature shall constitute a
separation violation, as well as any other action regulated by this
Part.
[Ord. 901, 2/19/2009]
The provisions of this Part may be amended in the future by
the Borough Council after notice and hearing as provided by law.
[Ord. 901, 2/19/2009;
as amended by Ord. 990, 6/3/2014, Part 1]
Any portions of Borough ordinances or resolutions which are
clearly in direct conflict in regards to the same matter with this
amendment are hereby repealed. This amendment shall replace the specified
sections of the existing Historic Preservation District Ordinance
with new text.
