[Ord. 881, 7/21/2014]
1.
The following procedures shall be followed for any proposed activity governed by the terms of this chapter, except where Borough Council determines, based upon a recommendation from the HARB as authorized under § 12-401, Subsection 2, of this chapter, that the proposed activity does not require an application for a certificate of appropriateness.
2.
Content of Application. The building or demolition permit application submitted for approval of a certificate of appropriateness shall be accompanied by the following (except where the HARB, upon a written request from the applicant or as established during the informal consultation conducted in accordance with § 12-401, Subsection 2, of this chapter, determines that an item or items do not need to be included with the application):
A.
Plans and exterior elevations, drawn to scale, with sufficient detail
to show, as it relates to exterior appearances, the architectural
design of the building or buildings, including proposed materials,
textures, colors, and dimensions.
B.
Plot or site plans, drawn to a scale not smaller than one inch equals
50 feet, showing adjoining property lines and adjacent streets from
which the proposed activity may be viewed and all improvements affecting
appearances, such as walls, walks, terraces, landscaping, accessory
buildings, parking, signs, lights, and any other relevant elements.
C.
Photographs, as follows:
(1)
Any application for repair, alteration, rehabilitation, and/or
addition to an existing structure shall be accompanied by a set of
legible black-and-white or color photographs showing all sides of
the structure and photographs showing the adjacent properties and
the relationship of the structure to them.
(2)
Any application for new construction shall be accompanied by
a set of legible black-and-white or color photographs showing the
construction site and its relationship to the properties contiguous
to it. The direction of the photograph shall be noted for each view
and shall be keyed into the plot plan or site plan.
D.
Where the application involves demolition, the application form shall be accompanied by the items required in Part 8 of this chapter.
E.
An application fee, in an amount as established by resolution of
Borough Council.
3.
Upon receipt of a complete permit application, including the applicable
requirements of this chapter, for work to be done in the historic
district, the Code Enforcement Officer shall act in accordance with
the procedures for issuance of a permit, as modified by the following
requirements:
A.
The Code Enforcement Officer shall forward copies of the completed
application to the HARB.
B.
The Code Enforcement Officer shall not issue a building or demolition
permit for any erection, alteration, reconstruction, rehabilitation,
restoration, or demolition of all or part of any building in the historic
district until Borough Council has issued a certificate of appropriateness.
If the Code Enforcement Officer or her/his representative issues a
permit without a certificate of appropriateness due to an administrative
or clerical error, said permit shall be voided.
C.
The Code Enforcement Officer shall require applicants to submit a sufficient number of copies of material required to be attached to a completed application for a permit and/or for a requested certificate of appropriateness so that the information needed to make the determination, as set forth in § 12-600, Subsection 8, will be available.
D.
An applicant for a demolition permit shall, in addition to the requirements of this Part, shall comply with the terms of Part 8 of this chapter.
E.
The Code Enforcement Officer shall maintain in his office a record
of all such applications and final dispositions of the same.
F.
The Code Enforcement Officer is authorized to issue a permit for the construction, alteration, rehabilitation, or restoration of a building in the historic district if evidence is presented that the project is an approved, certified rehabilitation as defined in § 12-201 and approved pursuant to § 12-102, Subsection 6. Approved, certified rehabilitation projects need not be reviewed by the HARB or Borough Council.
4.
Board Review of Applications. Within 45 days of receipt of a completed
application under the jurisdiction of this chapter, the HARB shall
consider such at a regularly scheduled monthly meeting or special
meeting.
5.
Notification to Applicant of HARB Meeting. The owner of record or
her/his representative(s) applying for a permit and/or certificate
of appropriateness shall be advised of the time and place of said
meeting and be invited to appear to explain her/his proposal. The
HARB may invite such other persons as it desires to attend its meeting.
6.
Time Frame for Board Decision. Within 45 days of completion of the
meeting or meetings at which it considers the application, the HARB
shall render a decision and recommendation on the request for a certificate
of appropriateness and shall submit a written recommendation to Borough
Council concerning the issuance of a certificate of appropriateness.
Should the HARB fail to notify the applicant and/or Borough Council
of its decision within said forty-five-day period, the application
shall be deemed to be recommended for a certificate of appropriateness,
unless the applicant waives the time limit in writing.
7.
Design Guidelines. In determining its recommendation to be presented to Borough Council concerning the issuance of a certificate of appropriateness, the HARB shall consider the Design Guidelines set forth in Part 5, and any other design guidelines developed and/or utilized by the HARB pursuant to and consistent with the objectives of this chapter.
8.
Recommendation by the HARB.
A.
Application Approval. Where the HARB's decision is to recommend approval of the application for a certificate of appropriateness, it shall so indicate in its written report to Borough Council, as provided in Subsection 9 below, and shall so notify the applicant.
B.
Application Disapproval.
(1)
If the HARB recommends against granting a certificate of appropriateness,
it shall so indicate in writing to the applicant. The disapproval
shall indicate those changes in plans and specifications, if any,
which would protect:
(2)
Where it suggests changes to the plans and specifications, the
HARB shall withhold its report for five days to allow the applicant
to decide whether or not to make the suggested changes in her/his
plans and specifications. If the applicant determines that she/he
will make some or all of the necessary changes, she/he shall so advise
the HARB, which shall in turn advise Borough Council accordingly and
which may, as it deems appropriate, reconsider its recommendation
for disapproval before communicating with Borough Council.
(3)
Where the HARB recommends disapproval and makes no suggestions
for changes to the applicant's plans and specifications, or where
the applicant chooses not to make the suggested changes, the HARB
shall transmit its written recommendation to Borough Council.
9.
Contents of Written Report. The written report to Borough Council
concerning the HARB's recommendations on the issuance of a certificate
of appropriateness shall set out the findings of fact that shall include,
but need not be limited to, any or all of the following matters as
deemed appropriate by the HARB:
A.
The exact location of the area in which the work is to be done.
B.
The exterior changes to be made or the exterior character of the
building or structure to be erected.
C.
A list of the surrounding structures with their general exterior
characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the historic district.
E.
The appropriateness of exterior architectural features of the building
that can be seen from a public street or way.
F.
The general design, arrangement, texture, and material of the building
or structure and the relation of such factors to similar features
of buildings or structures in the historic district.
G.
The opinion of the HARB (including any dissent) as to the appropriateness
of the proposed work or project and the extent to which it will preserve
or destroy the historic and/or architectural character and nature
of the historic district.
H.
The specific recommendations of the HARB, based on findings of fact,
as to the action by Borough Council to approve or deny the issuance
of a certificate of appropriateness.
10.
Notification of Applicant by Borough Council. Upon receipt of the
written report from the HARB, Borough Council shall consider, at its
next regularly scheduled or special meeting, the question of issuing
to the Building Inspector a certificate of appropriateness authorizing
a permit for work covered by the application. The applicant shall
be advised by the Borough of the time and place of the meeting at
which her/his application shall be considered. The applicant shall
have the right to attend this meeting and be heard as to the reasons
for filing said application.
11.
Design Guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, rehabilitation, restoration, or demolition of all or a part of any building or structure within the historic district, Borough Council shall consider the design guidelines set forth in Part 5 of this chapter and the report of the HARB.
12.
Decision of Borough Council.
A.
Application Approval. If Borough Council approves the application,
it shall issue a certificate of appropriateness authorizing the Code
Enforcement Officer to issue a permit for the work covered.
B.
Application Disapproval.
(1)
If Borough Council disapproves the application, written reason(s)
shall be given to the Code Enforcement Officer, the applicant, and
the Pennsylvania Historical and Museum Commission. The disapproval
shall indicate what changes in the plans and specifications would
meet the conditions for protecting:
(2)
Upon receipt of a written disapproval by Borough Council, the
Code Enforcement Officer shall disapprove the applicant's proposed
activity and so advise the applicant. The applicant may appeal this
disapproval to the Chester County Court of Common Pleas within the
time specified by law.
C.
Final Notification by Borough Council. Borough Council shall notify
the applicant in writing of its decision within 30 days of the meeting
at which the decision was reached. Should Borough Council fail to
so notify the applicant, the application shall be deemed approved,
unless the applicant waives the time limit in writing.
