[Ord. 773, 6/14/2011, § 1]
Pursuant to the authority contained in the Act of June 13, 1961,
Public Law 282, No. 167, as amended, 53 P.S. § 8001 et seq.,
there is hereby created within the Borough of Beaver, hereafter also
known as the "Borough," a historic district designated as the "Beaver
Historic District."
[Ord. 773, 6/14/2011, § 1]
1.
This district is created for the following purposes:
A.
In furtherance of the declaration set forth in Article I, § 27,
of the Pennsylvania Constitution, stating that:
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"The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and aesthetic 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 the benefit of all the people."
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B.
To promote, protect, enhance, perpetuate, and preserve historic resources
for the educational, cultural, economic and general welfare of the
public through the preservation, protection and regulation of buildings,
structures, and areas of historic interest or importance within the
Borough; to safeguard the heritage of the Borough by preserving and
regulating historic assets which reflect elements of its cultural,
social, economic, political, and architectural history; to preserve
and enhance the environmental quality of neighborhoods; to strengthen
the Borough's economic base by the stimulation of the tourist
industry; to establish and improve property values; to foster economic
development; to foster civic pride in the beauty and accomplishments
of the Borough's past; and to preserve and protect the cultural,
historical and architectural assets of the Borough for which the Borough
has been determined to be of local, state or national, historical
and/or architectural significance.
[Ord. 773, 6/14/2011, § 1]
For the purpose of this Part, all words used in the present
tense include the future tense. All words in the plural number include
the singular number and all words in the singular number include the
plural number, unless the natural construction of the word clearly
indicates otherwise. All words used in the male gender include the
female gender as well. The word "shall" is mandatory. The word "used"
includes "designated, intended, built, or arranged to be used."
A process by which applicants seeking a certificate of appropriateness
for demolition of a listed historic resource may file an application
to the HARB to determine whether the subject property has retained
its integrity to remain or was incorrectly listed as a historic resource.
The agency that advises the Council on any requests for authorization
to demolish all or part of any historic resource within the Historic
District and which performs those other duties as set forth herein.
Council of the Borough of Beaver, Pennsylvania.
Any enclosed or open structure that is a combination of materials
to form a construction for occupancy and/or use.
The approval statement of the Borough Council which certifies
to the historical and/or architectural appropriateness of a particular
request for the demolition of all or a part of any listed historic
resource within the Historic District.
A completed permit or COA application is an application that
conforms to the submittal criteria for specific historic preservation
projects, as determined solely by the Historical Architectural Review
Board.
The act of moving or dismantling or tearing down or removing
of all or part of the exterior load-bearing portion of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs that can lead to deterioration and decay.
Not included is the removal of exterior, nonstructural architectural
elements.
The absence of routine maintenance and repair, which can
lead to a building's or structure's structural weakness,
decay and deterioration resulting in its demolition.
An approval statement signed by the Historic Preservation
Officer authorizing the demolition or moving of all or a part of any
building or structure in the Borough.
The request filed by any person with the Historic Preservation
Officer that seeks authorization to demolish all or a part of any
building or structure in the Borough.
A municipal official appointed by the Borough Council who
carries out the administrative duties set forth in this Part, including
receiving and properly processing all permit applications involving
demolition as defined herein.
Those buildings and structures noted as such listed on the
Beaver Historic District Resource Inventory.
Any building constructed or erected, having a permanent location
on another structure or in the ground.
[Ord. 773, 6/14/2011, § 1]
1.
The Beaver Historic District shall be delineated on a map designated
as the "Historic District Map" of the Borough. The Historic District
Map and Beaver Historic District Resource Inventory shall be located
in the Municipal Office and made available for public inspection.
The Beaver Historic District is described as follows:
A.
Beginning at a point being the intersection of Wilson Avenue and
River Road and continuing to, thence west along the southern Borough
boundary line, thence turning north to a point aligned with the western
property line of 1200 River Road continuing straight along the center
line of Beaver Alley (aka Sutherland Place) between Orchard and Buffalo
Streets, thence turning west along the center line of an alley between
Second and Park Place, thence turning north along the center line
of Walnut Street, thence turning west along the center line of Euclid
Alley until reaching the center line of Sassafras Street, thence turning
north along the center line of Sassafras Street, thence turning east
along the center line of Maple Street, thence turning north along
the center line of Oak Street, thence turning east along the center
line of Third Street, thence turning south along the center line of
Orchard Street, thence turning east along the center line of Maple
Alley, thence turning north along the center line of Buffalo Street,
thence turning east along center line of an alley between Fifth and
Sixth Streets, thence turning north along the center line of Navigation
Street, thence turning east along the center line of an alley between
Sixth and Seventh Streets, thence turning south along the center line
of Dravo Street, thence turning east along the center line of Fifth
Street, thence turning north along the center line of Market Street,
thence turning east and including properties facing the north side
of Sixth Street, thence turning north along the western, northern
and eastern boundary of the Borough "Water Lot," thence turning east
along the center line of Leopard Lane, thence turning south along
the center line of Sharon Road, thence turning east along the center
line of Fifth Street to the eastern Borough boundary, thence turning
south along said eastern Borough boundary to and including the Borough
property known as the "Museum and Log House property," thence turning
west along the center line of Wolf Lane, thence turning south along
the center line of Wilson Avenue, returning to the point of beginning.
[Ord. 773, 6/14/2011, § 1]
1.
Membership. The Beaver Borough Historical Architectural Review Board,
hereafter referred to as "HARB," is hereby established to be composed
of seven members appointed by the Borough Council. The membership
of HARB shall be as follows:
A.
One member shall be a registered architect.
B.
One member shall be a licensed real estate broker.
C.
One member shall be a building inspector.
D.
One member shall be a Planning Commission member.
E.
Three members shall be persons with demonstrated interest, knowledge,
ability, experience or expertise in restoration, historic rehabilitation,
or neighborhood conservation or revitalization who have interest in
the preservation of the Beaver Historic District. Not less than four
members shall be residents of Beaver Borough.
2.
Terms. Of the initial members appointed, three members shall serve
for a term of three years, and four members shall serve for a term
of four years as determined by lot drawing at the HARB initial meeting.
Thereafter, terms of appointed members shall be five years. A member
appointed to fill a vacancy occurring prior to the expiration of a
term for which a predecessor was appointed shall be appointed for
the remainder of such term. Vacancies on the HARB shall be filled
within 120 days.
3.
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 his membership on the board. Promptly upon a member
determining that he has a conflict relative to any matter brought,
a member shall recuse himself from participating, in any manner, publicly
or privately, in the presentation, discussion or deliberation of and
the voting on any such matter, including temporarily absenting himself
from the room in which the discussion is being held.
[Ord. 773, 6/14/2011, § 1]
1.
Advisory Role. HARB shall give recommendations to the Borough Council
regarding the advisability of issuing a certificate of appropriateness
(COA) required to be issued in accordance with the said Act of June
13, 1961, as amended, and this Part in those instances where a building
permit is sought for demolition within the Historic District.
2.
Board Role Making Power. HARB may make and alter rules and regulations
for its own organization and procedure, provided that they are consistent
with the laws of the Commonwealth and all provisions of this Part.
HARB shall elect its Chairman, Vice-Chairman, and Secretary who will
record minutes of all meetings and regularly forward same to Council.
3.
Removal of Members. Any board member may be removed for misconduct
or wrongdoing, unlawful execution of his duties, failure to perform
his responsibilities, or for other just cause by a majority vote of
the Council, but not before he has been given the opportunity of a
hearing to defend against any alleged infractions.
4.
Annual Reports. By each January 31 the members of HARB shall make
an annual report to the Council on the previous calendar year activities
which shall include: recommendations for changes in the provisions
of this Part; number and types of cases reviewed; number of cases
for which a COA was either approved or denied; number of HARB meetings
which each member attended; historic preservation related training
which each member attended; and a narrative summary describing the
state of preservation in the Historic District with recommendations
in policy, goals, and objectives for Borough Council's consideration.
5.
Compensation. HARB members shall serve without pay. HARB may employ
secretarial and professional assistance, and incur other necessary
expenses only with the approval of the Borough Council.
6.
Meetings. HARB shall meet publicly at least quarterly at regularly
scheduled intervals. Further, HARB may hold any additional meetings
it considers necessary to carry out its powers and duties indicated
in this Part. Such meetings shall be opened to the public. A majority
of HARB shall constitute a quorum and action taken at any meeting
shall require the affirmative vote of a majority of the members present.
7.
Training. HARB members and HARB support staff are encouraged to attend
seminars, conferences or workshops related to historic preservation
and HARB administration.
[Ord. 773, 6/14/2011, § 1]
1.
In addition to the above, HARB shall have the following duties:
A.
To conduct or update a survey of buildings, structures, objects and
monuments for the purpose of determining those of historic and/or
architectural significance and pertinent facts about them; to act
in coordination with other appropriate groups and to maintain and
periodically add to and/or revise the detailed information pertaining
to historic resources and data about them, appropriately classified
with respect to national, state and local significance in accordance
or consistent with the Pennsylvania Historical and Museum Commission's
"Cultural Resource Management in Pennsylvania: Guidelines for Historic
Resource Surveys."
B.
To maintain the Beaver Historic Resource Inventory of Buildings,
Structures and Sites in the Historic District designated for preservation.
An historic resource may consist of a building, structure or site,
or a complex of the same, and must meet any three or more of the following
criteria:
(1)
Has significant character, interest or value as part of the
development, heritage or cultural characteristics of the Borough,
County, region, Commonwealth or nation or is associated with the life
of a person significant in the past.
(2)
Is associated with an event of importance to the history of
the Borough, County, region, Commonwealth or nation.
(3)
Embodies an icon associated with an era characterized by a distinctive
architectural style.
(4)
Embodies distinguishing characteristics of an architectural
style or engineering specimen.
(5)
Is the noteworthy work of a designer, architect, landscape architect
or designer or engineer whose work has significantly influenced the
historical, architectural, economic, social or cultural development
of the Borough, County, region, Commonwealth or nation.
(6)
Contains elements of design, detail, materials or craftsmanship
which represent a significant innovation.
(7)
Is part of or related to a commercial center, park, community
or other distinctive area which should be preserved according to an
historic, cultural or architectural motif.
(8)
Owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood,
community or Borough.
(9)
Has yielded, or may be likely to yield, information important
in prehistory or history.
(10)
Exemplifies the cultural, political, economic, social or historical
heritage of the community.
C.
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic resources including proposals
for the installation and care of such historic markers.
D.
To formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the Borough's
historic resources.
E.
To cooperate with and advise the Council in matters involving the
Borough's historic resources (such as appropriate land usage,
parking facilities and signs, as well as adherence to lot dimensional
regulations and minimum structural standards).
F.
From time to time cooperate with and enlist assistance from the National
Park Service, the National Trust for Historic Preservation, Preservation
Pennsylvania, the Pennsylvania Historical and Museum Commission and
other agencies, public and private, concerned with the preservation
of historic resources.
G.
To advise owners of historic resources regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies, when
requested.
H.
To promote public interest in the purpose of this Part and historic
preservation by carrying on educational and public relations programs
including, but not limited to, activities related to new construction
or renovation of historic resources within the Historic District.
[Ord. 773, 6/14/2011, § 1]
1.
In determining the recommendations to be made to the Borough Council
concerning the issuance of a COA where a building permit is sought
for demolition within the Historic District, the HARB shall consider:
A.
Whether or not the property under consideration for demolition is
a historic resource on or is eligible for inclusion on the Beaver
Borough Historic Resource Inventory.
B.
In evaluating economic aspects of reviewing an application for a
COA, the HARB shall consider, when applicable, the following:
(1)
No recommendation for a COA allowing demolition shall be made
for any Historic District Resource unless at least one of the following
three criteria applies:
(a)
The condition of the Historic District resource constitutes
a serious and immediate threat to the safety of the public or occupants
that cannot be eliminated without repairs required to meet specified
safety code standards (Pennsylvania Construction Code Act of November
10, 1999, P.L. 491, No. 45, 35 P.S. § 7210.101 et seq.,
including all amendments through the Act of November 29, 2006, P.L.
1440, No. 157, as amended) that would exceed 50% of the appraised
value of the structure itself documented as follows:
1)
A certified appraisal by a member of Appraisal Institute (MAI)
appraiser prepared within the previous 12 months prior to the date
of application for COA shall be required to determine the value of
the historic resource.
2)
At least two written cost proposals from qualified contractors
shall be required to determine both the cost of the repairs required
to bring the historic resource into conformity with all applicable
codes and the cost to demolish the historic resource.
(b)
The property owner has demonstrated that there would be no reasonable, long-term economic benefit from preservation of the historic resource. In making a claim of unreasonable economic hardship (see § 11-110 below) all potential uses or adaptive uses for the historic resource must have been thoroughly examined and explained in the application. When a claim of unreasonable economic hardship is made in reference to demolition due to the effect of this Part, the owner of record must present evidence sufficient to prove that as a result of denial of a demolition permit he is unable to obtain a reasonable return or a reasonable beneficial use from the property. The owner of record shall submit by affidavit to the HARB all of the information set for the in § 11-110 below. The fact that a greater economic return could result from demolition than preservation, or that adequate funds to pursue potential uses or adaptive reuses are lacking (i.e., selling the historic resource is an option that shall be considered) are insufficient reasons to sustain a claim of unreasonable economic hardship.
(c)
That demolition is determined to be in the best interest of
the Borough.
(2)
In those cases where HARB recommends and the Council approves
demolition of a historic resource, a good faith effort shall be made
by the owner(s) to move the resource to a proximate site. If moving
a historic resource slated to be demolished is economically or practically
infeasible, best efforts shall be made to salvage architectural features
of said resource for use within the Borough.
[Ord. 773, 6/14/2011, § 1]
1.
Upon receipt of a completed application for a COA for demolition
of an historic resource in the Historic District, the Historic Preservation
Officer shall act in accordance with the procedures being followed
in that office, which shall include the following:
A.
Copies of all completed applications for demolition within the Historic
District shall be time-stamped and forwarded to all HARB members for
informational purposes. The Historic Preservation Officer shall determine
whether the application is for demolition of a historic resource,
in which case he will notify HARB members that the application requires
an administrative recommendation to Borough Council as to whether
or not a COA for the demolition should be issued.
B.
The Historic Preservation Officer shall not issue a permit for any
demolition of all or part of any building in the Historic District
until the Borough Council has issued a COA. If the Historic Preservation
Officer or his or her representative issues a demolition permit without
a COA due to an administrative or clerical error said demolition permit
shall be voided.
C.
If the application for demolition relates to an historic resource, the Historic Preservation Officer shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a COA so that the information needed to make the determination set forth below in Subsection 7A through G will be available.
D.
Applicants seeking a COA for demolition of a historic resource may
file an appeal petition to the HARB to determine whether the subject
property has retained its integrity to remain or was incorrectly determined
to be a historic resource. The owner shall provide the HARB with sufficient
documentation as determined by the HARB. Only then shall HARB be required
to evaluate the request pursuant to the provisions of Appendix 11-A,
"Evaluation Criteria; the Integrity of a Contributing Property."
E.
The Historic Preservation Officer shall maintain in his office a
record of all such applications and final dispositions of the same.
2.
Board Review of Applications. Upon receipt of a completed COA or
appeal petition application under the jurisdiction of this Part, HARB
shall schedule a meeting to consider such application.
3.
Notification to Applicant of HARB Meeting. The owner of record or
representative(s) applying for a COA or appeal petition shall be advised
of the time and place of said meeting and be invited at least 10 days
before the HARB meeting to appear to explain the reasons for requesting
a demolition permit. HARB may invite such other persons as it desires
to attend its meeting.
4.
COA Guidelines. In determining both oral and written recommendations to be presented to the Borough Council concerning the issuance of a COA authorizing a permit for the demolition, or demolition by neglect of all or a part of any historic resource within the Historic District, the HARB shall consider the COA Guidelines set forth in § 11-108 and such guidelines developed by the HARB pursuant to and congruent with the objectives of this Part, and consider the effect which the proposed change will have upon the general historic and architectural nature of the district.
5.
Time Frame for Board Decision. HARB shall render a decision and recommendation on any application for a COA or appeal petition under its review no later than 30 working days after the meeting provided for in Subsection 3 and shall submit, in writing, to the Borough Council recommendations concerning the issuance of a COA.
6.
Application Disapproval by HARB. If the HARB decides to advise against
the granting of a COA, it shall so indicate in writing to the applicant
and shall issue a written report to Borough Council. The failure of
the applicant to provide HARB with sufficient information to enable
HARB to evaluate the application shall be a reason for advising against
the granting of a COA.
7.
Contents of Written Report. The written report to Borough Council
concerning HARB's recommendations on the issuance of a COA or
appeal petition shall set out findings of fact that shall include,
but not be limited to, the following:
A.
The exact location of the historic resource proposed for demolition.
B.
A list of the surrounding structures with their general exterior
characteristics.
C.
The effect of the proposed demolition upon the general historic and
architectural nature of the district.
D.
The appropriateness of exterior architectural features of the historic
resource.
E.
The general design, arrangement, texture, and material of the historic
resource and the relation of such factors to similar features of other
buildings or structures in the district.
F.
The opinion of HARB (including dissent) as to the appropriateness
of the proposed demolition with respect to its tendency to degrade
or destroy the historic character and nature of the district.
G.
The specific recommendations of the HARB.
8.
Notification of applicant by the Borough Council of their consideration. Upon receipt of the written report from HARB as provided in Subsection 7 above, the Borough Council shall schedule a meeting to consider the question of issuing a COA authorizing the Historic Preservation Officer to issue a permit for work covered by the application. The applicant shall be advised by the Borough Council administrative office of the time and place of the meeting at which his application will be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing the subject application.
9.
COA Guidelines. In determining whether to certify to the appropriateness of the proposed demolition of all or a part of any historic resource within the Historic District, the Borough Council shall consider the same factors as HARB set forth in § 11-108 of this Part as well as the report of the Board. Borough Council shall only consider matters pertinent to the preservation of the historic aspect and nature of the district.
10.
Approval by the Borough Council. If the Borough Council approves
the application, it shall issue a COA authorizing the Historic Preservation
Officer to issue a demolition permit for the work covered.
11.
Disapproval by the Borough Council. If the Borough Council disapproves,
written reason(s) shall be given to the Historic Preservation Officer,
the applicant and to the Pennsylvania Historical and Museum Commission.
The disapproval shall indicate what changes in the plans and specifications
would meet the conditions for protecting (A) the distinctive historical
character of the district and (B) the architectural integrity of the
building or structure. Upon receipt of a written disapproval of the
Borough Council the Historic Preservation Officer shall disapprove
the application for a COA or appeal petition and so advise the applicant.
The applicant may appeal this disapproval to the County Court of Common
Pleas within the time specified by law.
12.
Final notification by Borough Council. In case of either approval
or disapproval the Borough Council shall notify the applicant of its
decision, or need for further review.
[Ord. 773, 6/14/2011, § 1]
1.
When a claim of unreasonable economic hardship is made due to the
effect of this Part, the owner of record must present evidence sufficient
to prove that because of disapproval of a COA, the owner is unable
to obtain a reasonable return or a reasonable beneficial use from
a resource. The owner of record shall submit by affidavit to the HARB
some or all of the information below at the discretion of the HARB,
which shall include, but not be limited to, the following:
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 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 was 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 demolition 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 COA.
M.
Form of ownership or operation of the property, whether sole proprietorship,
for profit or nonprofit corporation, limited partnership, joint venture
or other.
N.
The HARB may require that an applicant furnish additional information
relevant to its determination of unreasonable economic hardship.
O.
Should the HARB determine that the owner's present return is
not reasonable, it must consider whether there are 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. The HARB may choose to recommend that special local, state
or federal economic incentives be developed to assist the owner of
the resource in maintaining it and obtaining a suitable economic return
or achieving a reasonable beneficial use.
P.
The HARB may seek the assistance of appropriate local, statewide
or national preservation organizations and/or economic development
agencies for solutions, which may relieve the owner's economic
hardship. If the HARB chooses to explore such options, the HARB may
delay issuing a COA for demolition based on economic hardship for
a period of 90 days in addition to time periods otherwise applicable.
Q.
Should the applicant satisfy the HARB that he will suffer an unreasonable
economic hardship if a COA is not approved, and should the HARB be
unable to develop with the Borough or appropriate local, statewide
and national preservation organization and/or economic development
agencies a solution which can relieve the owner's economic hardship,
the HARB must recommend a COA for demolition.
[Ord. 773, 6/14/2011, § 1]
1.
All buildings and structures within the Historic District shall be
maintained in good repair, structurally sound, and reasonably protected
against decay and deterioration. Examples of such deterioration due
to deferred maintenance include:
A.
Deterioration of exterior walls or other vertical supports, deterioration
of roofs, or other horizontal members, deterioration of exterior chimneys,
deterioration of crumbling of exterior stucco or mortar.
B.
Ineffective, deteriorated gutters, downspouts, surface drainage waterproofing
of exterior walls, roofs, or foundations, including broken window
or doors.
C.
Deterioration of any feature to create a hazardous condition that
could lead to the claim that a demolition is necessary for the public
safety including environmental or infestation issues.
[Ord. 773, 6/14/2011, § 1]
1.
The Historic Preservation Officer, or any duly designated representative,
shall serve a notice of violation on the person in violation of this
Part. Such notice shall direct the abatement of said violation.
2.
The Historic Preservation Officer or any duly designated representative
shall have the power to institute any proceedings at law or in equity
necessary for the enforcement of this Part which may include any one
or more of the following:
A.
Filing a complaint before a magisterial district judge seeking a
civil fine or penalty as set forth herein below.
B.
Filing a complaint before any court having jurisdiction to enjoin
activity, including demolition, conducted in violation of this Part
in order to preserve and protect any and all historic resources within
the Historic District.
C.
Filing a complaint before any court having jurisdiction seeking an
order to compel the reconstruction of any historic resource within
the Historic District or seeking monetary damages to facilitate the
reconstruction thereof.
[Ord. 773, 6/14/2011, § 1]
Any person, property owner, occupant, firm or contractor failing
to obtain a COA pursuant to this Part or who effects or attempts to
effect the demolition of an historic resource within the Historic
District, or who permits the demolition of an historic resource by
neglect shall, upon complaint filed with a magisterial district judge,
be subject to a civil fine or penalty in an amount of up to $1,000.
Each day that the violation continues after notice to cease and desist
or to abate the same shall constitute an additional offense.
