[Ord. 2005-9, 12/29/2005, § 2501; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
This Part is intended to advance the following public purposes:
A.
To promote the general welfare by facilitating protection of the
historical integrity of the historic resources of East Nottingham
Township.
B.
To establish a clear process by which proposed land use changes affecting
historic resources can be reviewed.
C.
To discourage the unnecessary demolition of historic resources.
D.
To provide incentives for the continued use of historic resources
and to facilitate their appropriate reuse.
E.
To encourage the conservation of historic settings and landscapes.
F.
To implement the goals of the Pennsylvania Constitution, Article
I, § 27, which establishes the commonwealth's policy
of encouraging the preservation of historic and aesthetic resources.
[Ord. 2005-9, 12/29/2005, § 2502; as added by Ord.
2007-7, 11/19/2007, § 1]
As used in this Part, the following terms shall have the meanings
given to them below:
All sites designated by the Secretary of the Interior as national
historic landmarks.
All buildings, sites, structures, and objects listed individually
in the National Register of Historic Places.
All buildings and structures classified as certified historic
structures by the Secretary of the Interior.
All buildings, sites, structures, and objects documented as
contributing resources in a National Register Historic District.
Any resources which have received a determination of eligibility
(DOE) by the Pennsylvania Historical and Museum Commission (PHMC).
Any buildings, sites, structures, or objects documented as contributing
resources within any historic district which has received a determination
of eligibility (DOE) from the PHMC.
Has significant character, interest, or value as part of the
development, heritage, or cultural characteristics of the Township,
county, region, commonwealth, or nation, or is associated with the
life of a person significant in the past.
Is associated with an event of importance to the history of
the Township, county, region, commonwealth, or nation.
Embodies distinguishing characteristics of an architectural
style or engineering specimen.
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 Township, county, region, commonwealth, or nation.
Has yielded, or may be likely to yield, information important
in prehistory or history.
Exemplifies the cultural, political, economic, social, or historical
heritage of the community.
Is listed in the East Nottingham Township Historic Resources
Inventory.
A Class I or Class II historic resource as defined in this section and Part 2 of this chapter, and which is listed on the East Nottingham Township Historic Resource Inventory.
A study of the potential impacts of proposed land development and/or land disturbance on nearby historic resources, including study of potential means to mitigate negative impacts, required to be submitted to the Township in certain land development scenarios, in accordance with § 27-2511 of this Part.
The East Nottingham Township Historic Resources Inventory, a list and corresponding map indicating the locations of all Class I and Class II historic resources in the Township, including both principal and contributing resources, to which the provisions of §§ 27-2503 through 27-2505 of this Part apply.
Any structure that is designated a Class I or Class II historic
resource.
[Ord. 2005-9, 12/29/2005, § 2503; as added by Ord.
2007-7, 11/19/2007, § 1]
The Township shall maintain an inventory of historic resources.
The inventory shall be on file in the Township offices.
[Ord. 2005-9, 12/29/2005, § 2504; as added by Ord.
2007-7, 11/19/2007, § 1]
[Ord. 2005-9, 12/29/2005, § 2505; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
Any building, structure, site, or object ("resource") may be proposed
for addition to or removal from the Historic Resources Inventory,
or for a change in classification (Class I or Class II) by:
A.
The owner of such resource.
B.
The East Nottingham Historical Commission ("Historical Commission").
C.
The Board of Supervisors.
D.
Notice from the designating organization (Pennsylvania Historical and Museum Commission or National Register) that the historic resource meets any of the criteria set forth in § 27-2502 Class I Historic Resources, or the resource or no longer meets the criteria upon which its classification has been based.
2.
All proposals for addition to or removal from the Historic Resources
Inventory, or for a change in classification (Class I or Class II),
shall be referred to the Historical Commission. The Historical Commission
shall hold a public meeting after a written notice has been sent to
the owner(s) of the resource affected. The Historical Commission shall
consider oral testimony and/or documentary evidence regarding the
proposal at the public meeting, which may be continued from time to
time. The Historical Commission shall present a written report to
the Board of Supervisors within 30 days following the close of testimony
from all public meetings on the question, stating its recommendation
regarding the subject proposal, together with the grounds therefor.
An historic resource shall be recommended for removal from Class I
if it does not currently meet the definition as set forth above or
is determined by the Historical Commission to no longer be of historical
significance based on the evidence presented at a public meeting(s).
An historic resource removed from the Class I Historic Resource Inventory
shall remain on the Historic Resource Inventory as a Class II Historic
Resource unless it does not currently meet any of the criteria set
forth above, in which case it shall be removed altogether from the
Historic Resource Inventory.
3.
After receiving the recommendations of the Historical Commission,
the Board of Supervisors may from time to time, by resolution, add
or delete resources to or from the Historic Resources Inventory or
change the classification of an historic resource. Written notice
of the proposed action of the Board of Supervisors shall be given
to the resource owner.
[Ord. 2005-9, 12/29/2005, § 2506; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
An historic resource may be used for the following purposes:
A.
Any use permitted in the underlying zoning district in which the
property is located.
B.
Where approved by the Board of Supervisors as a conditional use in accordance with the criteria contained in both §§ 27-2110 and 27-2508, an historic resource may be used for the following adaptive reuses:
(1)
Artist studio or crafts workshop employing not more than three
persons. Such workshops may include model making, rug weaving, lapidary
work, furniture making, and similar crafts.
(2)
Antique shop.
(3)
Office or business office.
(4)
Cultural studio, subject to the condition that if access is
provided from a minor street, the use shall be limited to one class
at a time with not more than 10 students in the class, and not more
than two instructors.
(5)
Child day-care center as a principal or accessory use.
(6)
Adult day-care center.
(7)
Bed-and-breakfast use.
(8)
Food preparation or catering facility not involving food consumption,
employing not more than three persons on the premises.
(9)
Personal service shop, including tailor, barber, beauty salon,
dressmaking, or similar shop, but not including dry cleaning or laundromat,
with a limit of one employee per 500 square feet of gross habitable
floor area devoted to the service shop use.
(10)
Repair services, including small appliances, small business
machines, watches, household furnishings, shoes, bicycles and locks,
but shall not include any motorized vehicle including, but not limited
to, automobile, snowmobile, truck, motorcycle or lawnmower repair,
with a limit of one employee per 500 square feet of gross habitable
floor area devoted to the repair service use.
(11)
Any use of the same character demonstrably proven by the applicant
to have no greater impact upon the neighborhood than any of the foregoing
uses.
(12)
Residential conversion of any structure designated as an historic
resource into one or more dwelling units, subject to the following
specific requirements:
(a)
Except where otherwise provided in the applicable zoning district,
where multiple dwellings result from the conversion of a structure
designated as an historic resource, no individual dwelling unit shall
contain less than 800 square feet of habitable floor area and the
number of such dwelling units shall not exceed the number that can
be accommodated within the building utilizing this minimum floor area
requirement. No structural addition to the historic resource shall
increase the number of dwelling units that can be achieved by application
of this formula.
(b)
Each individual dwelling unit created through the residential
conversion of an historic resource shall contain its own bathroom
and kitchen.
2.
Uses which are not otherwise permitted in the underlying zoning district,
but are granted as a result of the conditional use process outlined
above shall be contained within the historic resource. All adaptive
reuses shall comply with the parking regulations applicable to the
proposed use.
3.
Where approved by the Board of Supervisors as a conditional use,
a property on which an historic resource is located may be proposed
for additional development consistent with the regulations of the
zoning district in which the property is located, provided that the
historic resource shall be adaptively reused in conjunction with the
proposed development.
4.
Where approved by the Board of Supervisors as a conditional use,
a property on which an historic resource is located may be subdivided
for additional development consistent with the regulations of the
zoning district in which the property is located, provided that the
historic resource shall be located on a single subdivided lot meeting
the minimum lot area and bulk regulations and design standards of
the zoning district in which the historic resource is located.
[Ord. 2005-9, 12/29/2005, § 2507; as added by Ord.
2007-7, 11/19/2007, § 1]
All lot area, width, building coverage, height, and yard requirements ("area and bulk regulations") and design standards otherwise applicable in the underlying zoning district shall apply to the use or reuse of an historic resource. However, in order to facilitate the use of the historic resource permitted § 27-2506, the Board of Supervisors, as part of the conditional use approval, may grant modifications to the otherwise applicable area and bulk regulations applicable to the use or adaptive reuse of the historic resource. In no event shall the Board of Supervisors grant modifications to the height requirement and design standards applicable to the historic resource.
[Ord. 2005-9, 12/29/2005, § 2508; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
The Board of Supervisors, when determining whether to grant a conditional use to permit the use of an historic resource pursuant to § 27-2506 or to modify the area and bulk or design standards applicable to an historic resource as permitted by § 27-2507, shall make specific findings of fact that:
A.
All applicable standards and criteria set forth in § 27-2110 for conditional use approval shall be complied with to the satisfaction of the Township.
B.
The granting of conditional use approval shall be deemed to be necessary
to the preservation of the historic resource(s), for reasons other
than purely economic grounds.
C.
Except where clearly detrimental to the historical integrity of the
historic resource and where public health, safety, and welfare are
otherwise adequately provided for, all other applicable standards
contained in this chapter shall be complied with including, but not
limited to, requirements for buffering, lighting, storage, access
and traffic management, interior circulation, loading, parking, and
signs.
D.
The Board of Supervisors may deny the request for conditional use
or for modification of area and bulk regulations where, upon the review
of the Historical Commission, it deems the proposal to be destructive
to the integrity of the historic resource and/or where the Board finds
the proposed modification(s) to be out of character with the existing
uses located in the immediate neighborhood.
E.
All conditional uses granted shall contain a condition that the applicant
shall comply with Commonwealth of Pennsylvania UCC accessibility requirements
and shall comply with Township adopted codes for alterations and additions
in addition to the provisions of this Part.
[Ord. 2005-9, 12/29/2005, § 2509; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
An applicant seeking conditional use approval for use, reuse, adaptive reuse, or for modification of area and bulk regulations affecting an historic resource shall submit a conditional use application to the Township in accordance with the provisions of § 27-2110. In addition, the conditional use application shall include the following supporting information:
A.
A detailed description of the proposed use(s).
B.
Any exterior physical changes proposed for the affected historic
resource(s) and their surrounding landscape.
C.
Any proposed modifications to otherwise applicable area and bulk
regulations.
D.
Photographs of all sides and interior rooms of the historic resource.
E.
Twenty copies of an historic resource impact study (HRIS) or a written
request for a waiver of the submission of an HRIS with justification
therefor.
2.
The Historical Commission shall review the conditional use application
and submit a written recommendation to the Planning Commission within
45 days of receipt by the Township.
[Ord. 2005-9, 12/29/2005, § 2510; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
Demolition Permit Requirement.
A.
A demolition permit shall be required prior to the demolition, either
in whole or in substantial part, of any historic resource.
B.
These provisions shall not be construed to prevent:
(1)
The ordinary maintenance or repair of any building, structure,
site, or object where such work does not require a building permit
and where the purpose and effect of such work is to correct any deterioration
or decay of, or damage to, a building, structure, or object and to
restore the same to its condition prior to the occurrence of such
deterioration, decay, or damage.
(2)
The construction of additions to or alterations of the historic
resource, involving less than 50% of the exterior facades as they
existed on the historic resource when it was first placed on the Historic
Resources Inventory.
2.
Procedure for Approval or Denial of Demolition Permit.
A.
Filing. The applicant shall submit an original and two copies of
the Township's standard form application for demolition permit
to the Zoning Officer. If the Zoning Officer determines that the application
seeks approval for the demolition of an historic resource, the Zoning
Officer shall not issue the demolition permit but shall so notify
the applicant that the application is being forwarded to the Historical
Commission and to the Board of Supervisors.
B.
Submission Requirements. In addition to submission of any documentation required by the Township's Building Code [Chapter 5, Part 1], an applicant seeking a demolition permit for an historic resource shall provide the following:
(1)
The identity of the owner of record; and equitable owner, if
any.
(2)
Site plan showing all buildings and structures on the property
and all proposed development of the property on which the resource
is located.
(3)
Reasons for the demolition.
(4)
Proposed method of demolition.
(5)
Intended future use of the site and of the materials from the
demolished resource.
(6)
List of alternatives to demolition which the applicant has considered.
(7)
An historic resource impact study.
(8)
Where the applicant specifically alleges that demolition is necessary due to undue economic hardship or the lack of a reasonable economic alternative, a narrative statement, together with supporting documentation, shall be submitted to demonstrate what alternate consideration to demolition, if any, the applicant has given to practical, adaptive uses of the historic resource, particularly considering the incentives potentially available as conditionally permitted by §§ 27-2506 and 27-2507, and written estimates of the cost(s) of restoration and/or renovation from at least two contractors or architects specializing in historic preservation/restoration.
C.
Period for Decision. The Board of Supervisors shall have a period
of 60 days from the date of the filing of a complete application for
demolition permit to schedule a public hearing. The Board of Supervisors
shall have 45 days from the close of the public hearing(s), unless
extended in writing by the applicant, to issue or deny the demolition
permit.
D.
Review by Historical Commission. The Historical Commission shall
have a period of 30 days from the date of the filing of a complete
application for a demolition permit to schedule a meeting to review
and comment upon the application. The applicant shall receive notice
seven days prior to the meeting. The Historical Commission shall review
the application, and the applicant shall have the right to appear
in support of his/her application. The Historical Commission shall
consider the following:
(1)
The effect of demolition on the historical significance and
architectural integrity of the resource in question and neighboring
historic resources, if any.
(2)
Whether the applicant has demonstrated that he has considered
all alternatives to demolition.
(3)
Economic feasibility of adaptive reuse of the historic resource
proposed for demolition.
(4)
Alternatives to demolition of the resource.
(5)
Whether the resource in its current condition presents a threat
to public safety.
(6)
Whether the resource has been intentionally neglected.
(7)
The anticipated cost to repair and/or adapt the resource in
relation to the appraised value of the property on which the resource
is located.
E.
Historical Commission Recommendation. The Historical Commission shall, within 15 days from the conclusion of its meetings, communicate its recommendation(s) in a written report which specifically addresses the items set forth in Subsection 2D(1) through (7) to the applicant, with copy mailed to the Board of Supervisors, either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending denial of the application. Failure of the Commission to act upon the application and/or issue a recommendation shall not result in a deemed approval of the application but shall be grounds for the Board to consider the application without reference to the Commission's review.
F.
Issuance or Denial of Demolition Permit. Where the Board acts to either approve or deny the permit application, it shall authorize the Zoning Officer to either issue the permit or give written notice of denial, as applicable. Where the approval is authorized to be granted with conditions attached, with written notice of denial and the reasons therefor, as applicable, the Zoning Officer shall be authorized to issue the permit upon his receipt from the applicant of his/her written acceptance of those conditions; otherwise, the permit shall be deemed denied. The Board may deny a demolition permit, if the applicant fails to adequately present evidence to address the criteria listed in Subsection 2D(1) through (7). The decision shall be communicated to the applicant by decision of the Zoning Officer. The applicant, if aggrieved by the decision of the Zoning Officer, shall have the right to appeal the Zoning Officer's decision in accordance with the provisions of § 27-2202.
[Ord. 2005-9, 12/29/2005, § 2511; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
Applicability. An historic resource impact study (HRIS), prepared
by a registered architect specializing in historic preservation and
adaptive reuse of historic buildings and structures, shall be submitted
to the Township, unless waived or modified by the Board of Supervisors,
in the following situations:
A.
As part of a preliminary plan submission for any subdivision or land
development application which proposes new construction of buildings,
structures, roads, driveways, parking areas, or other land disturbance
within 250 feet of the exterior walls of any Class I or II historic
resource.
B.
As part of a tentative plan submission for any application for a
planned residential development (PRD) which proposes new construction
of buildings, structures, roads, driveways, parking areas, or other
land disturbance within 250 feet of the exterior walls of any Class
I or II historic resource.
C.
As part of a demolition permit application.
D.
As part of a conditional use application.
2.
Contents. The HMS shall contain the following information, unless
waived or modified by the Board of Supervisors:
A.
Background Information:
(1)
If not otherwise provided by the applicant, a general description
of the site subject to the application, including topography, watercourses,
vegetation, landscaping, existing drives, etc.
(2)
A general description and classification of the historic resources
located within 250 feet of any proposed land development or land disturbance.
(3)
A physical description of the interior and exterior of the historic
resource(s), including an interior floor plan.
(4)
A narrative description of the historical significance of the
historic resource, relative to both the Township and to the region
in general, including the names of past owners and their significance
to the Township, region or nation.
(5)
A sufficient number of four-inch by six-inch photographs to
show the exterior of the historic resource in its setting and, if
the applicant is the owner, then photographs of the interior.
B.
An assessment of potential impacts to the historic resources:
(1)
A description of potential impact(s) to each historic resource
with regard to architectural integrity, historic setting, and future
use.
C.
Mitigation Measurers. Suggested approaches to mitigate potentially
negative impacts to historic resources, including design alternatives,
buffering, landscaping, conservation of existing vegetation, and any
other appropriate measurers permitted under the terms of this chapter
and other Township ordinances.
[Ord. 2005-9, 12/29/2005, § 2512; as added by Ord.
2007-7, 11/19/2007, § 1]
1.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefore in a civil enforcement proceeding commenced
by a municipality, pay a judgment of not more than $500, plus all
court costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied,
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure.
2.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the 5th day following the
date of the determination of a violation by the district justice and
thereafter each day that a violation continues shall constitute a
separate violation.
3.
All judgments, costs, and reasonable attorney fees collected for
the violation of this chapter shall be paid over to the Township.
4.
In the event any person demolishes an historic resource in violation of the provisions of this Part or in violation of any conditions or requirements specified in a permit issued under the terms of this Part, the Board of Supervisors may institute any proceeding, at law or in equity, necessary to enforce the provisions of this Part, including, but not limited to, an action to compel the reconstruction and/or restoration of the historic resource to its condition and appearance as existed immediately prior to the violation. Such restoration shall be in addition to, and not in lieu of, any penalty or remedy available under this § 27-2512 or any other applicable law.
5.
In the event the Board of Supervisors authorizes the commencement of an action pursuant to Subsection 4 of this section, the Zoning Officer or Building Code Official shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource demolished in violation of this Part or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
6.
The Board of Supervisors may, as a condition of approval of any conditional use application or subdivision or land development application involving any property which, at the date of enactment of this Part, was occupied by an historic resource(s) that subsequently was demolished in violation of §§ 27-2510 and 27-2511 of this Part, impose a condition requiring the satisfactory reconstruction or restoration of any such historic resource(s).
