A.
To promote the general welfare by protecting the integrity of the
historic resources of the Township of West Vincent.
B.
To establish a clear process by which proposed changes affecting
historic resources are reviewed by the West Vincent Township Historical
Commission or, where a historic commission has not been appointed,
the Environmental Advisory Council acting as the Historic Commission
(hereinafter the "Historic Commission") and the Board of Supervisors.
C.
To mitigate the negative effects of proposed changes on historic
resources.
D.
To encourage the continued use of historic resources and facilitate
their appropriate reuse.
E.
To tailor protective measures to those clearly delineated historic
resources in West Vincent worthy of preservation.
F.
To encourage the preservation of historic settings and landscapes.
G.
To discourage the unnecessary demolition of historic resources.
[Added 10-15-2018 by Ord.
No. 184]
A.
Establishment. There is hereby established a commission to be named
the "West Vincent Township Historical Commission."
B.
Membership. The West Vincent Township Historical Commission shall
consist of a minimum of five members appointed by the Board of Supervisors
of the Township of West Vincent. At the inception of the West Vincent
Township Historical Commission, the members' terms shall be staggered
as follows: one member shall serve one year; one member shall serve
two years; one member shall serve three years; one member shall serve
four years; and one member shall serve five years. Thereafter, the
terms shall be for five years. The Supervisors shall fill a vacancy
for the duration of an unexpired term.
C.
Organization. The West Vincent Township Historical Commission members
shall elect annually a Chairman, who will direct the activities of
the Commission, a Vice Chairman and a Secretary. A majority of the
current members shall constitute a quorum.
D.
Meetings and records. Public meetings will be held on a regular basis
to conduct the business of the West Vincent Township Historical Commission.
An agenda of each public meeting shall be available for inspection
prior to the meeting. The West Vincent Township Historical Commission
shall keep records of its meetings and activities and submit copies
of meeting minutes no later than 30 days from the meeting date. The
West Vincent Township Historical Commission will submit an annual
report to the Board of Supervisors in the first quarter of the year.
E.
Compensation. The members of the West Vincent Township Historical
Commission shall serve without compensation, although they may be
reimbursed for expenses necessary to carry out the objectives of the
West Vincent Township Historical Commission, when those expenses are
deemed necessary and appropriate and approved by the Board of Supervisors
in advance of such expenditures.
F.
Appropriations. The Board of Supervisors may appropriate from the
general Township funds such funds as may be necessary and available
for the work of the West Vincent Township Historical Commission in
the year for which the appropriation is made. Within the limits of
such funds, the West Vincent Township Historical Commission may employ
staff or contract for clerical, consulting or other technical services.
Aside from such appropriations, the West Vincent Township Historical
Commission may request the assistance of Township staff and consultants
when appropriate.
G.
Responsibilities. The West Vincent Township Historical Commission
shall serve in an advisory capacity on issues related to historic
preservation and shall have the following duties and responsibilities
in furthering the purposes of this article:
(1)
Maintain a system for the survey, inventory and photographic
documentation of historic resources in the Township that clearly identifies
historic resources and their respective categories for inclusion on
the Historic Site Inventory and Historic Resources Map of this chapter.[1]
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an
attachment to this chapter; the Historic Resources Map is included
in the overlay district maps, which are an attachment to this chapter.
(2)
Make recommendations to the Board of Supervisors concerning
revisions to the Historic Site Inventory and Historic Resources Map.
(3)
Conduct research on historic resources, provide information
on historic resources to the Chester County Planning Commission and
Pennsylvania State Historic Preservation Office, and propose the nomination
of historic resources for inclusion on the National Register of Historic
Places and other appropriate lists or programs.
(4)
Photograph and/or otherwise document ongoing changes to the
Township's physical landscape.
(5)
Maintain a close working relationship with other Township boards
and commissions and advise them on issues related to historic resources
and landscapes.
(6)
Review and advise the Planning Commission and Board of Supervisors on subdivision and land development applications that affect historic resources and landscapes in accordance with the requirements and procedures of Chapter 315, Subdivision and Land Development, of the Township's Code and this chapter.
(7)
Review and comment on historic resource impact studies prepared in accordance with § 390-195 of this chapter.
(8)
Advise the Zoning Hearing Board and Board of Supervisors on
all requests for special exceptions, conditional uses, or variances
affecting historic resources and landscapes.
(9)
Advise the Zoning Officer and/or Board of Supervisors on the
issuance of permits for special use provisions, relocation, demolition
and actions relative to demolition by neglect with regard to historic
resources.
(10)
Establish a library of technical literature, reports, photographs
and other documents relevant to history and historic preservation
in the Township of West Vincent.
(11)
Undertake and/or support educational and interpretive programming
and publications on the history of the Township of West Vincent and
its historic resources and landscapes on a regular basis.
(12)
Promote the appropriate treatment of historic resources on properties
within the Township of West Vincent and provide information, advice
and/or technical assistance on historic preservation to property owners
to the extent possible.
(13)
Consider, promote and, with the approval of the Board of Supervisors,
apply for technical and financial assistance from appropriate local,
Township, county, state, federal, and other agencies and conservation
and environmental organizations in connection with the preservation
of significant architecture, natural and historic sites within the
Township, and report all related action to the Board of Supervisors.
(14)
Perform any other lawful activities that shall be deemed necessary
to further the purposes of this article.
H.
Removal of members. The Board of Supervisors may, after a duly advertised
public hearing, remove any members of the West Vincent Township Historical
Commission from office for reasons such as: inefficiency, neglect
of duty, change of residence, absence, malfeasance in office or conflict
of interest.
A.
Compliance. Any change or demolition, as defined and listed in this
article, to a historic resource shown on the Historic Resources Map
and included in Appendix E[1] shall occur only in full compliance with the terms of
this article and other applicable regulations.
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an
attachment to this chapter; the Historic Resources Map is included
in the overlay district maps, which are an attachment to this chapter.
B.
Historic overlay concept. The Historic Resources Map and the requirements
and opportunities contained in this section shall supersede the otherwise
applicable requirements of the underlying zoning district.
(1)
For any property shown on the Historic Resources Map, the requirements
and opportunities contained in this article shall supersede the otherwise
applicable requirements of the underlying zoning district.
(2)
Should the Historic Resources Map be revised as a result of
a legislative or administrative action or judicial decision, the zoning
requirements and other regulatory measures applicable to the property
in question shall be those of the underlying zoning district without
consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this article imposes greater restrictions,
the provisions of this article shall prevail.
A.
Classifications. The Historic Resources Map delineates four classifications
of the historic resources in the Township of West Vincent, which are
defined as follows:
(1)
Class I.
(a)
Certified historic structures and sites listed on the National
Register of Historic Places;
(b)
Contributing resources, i.e., buildings, sites, structures and
objects filed as such with the National Register of Historic Places;
(c)
Buildings, sites, structures, objects and districts which have
received a determination of eligibility (DOE) and have been determined
to be eligible for the National Register of Historic Places.
(2)
Class II. Buildings, sites, structures, objects and districts
appropriately documented on the Historic Resources Map and Inventory
prepared by the Historical Commission and approved by the Board of
Supervisors, having high historic, architectural or archeological
value, determined by the Township to be potentially eligible for the
National Register of Historic Places.
(3)
Class III. Buildings, sites, structures, objects and districts
included in the Historic Site Inventory of the West Vincent Township
Historical Commission as medium value.
(4)
Class IV. Sites and resources identified as low value or no
historic significance to the Township of West Vincent and all other
sites listed on the Township Historic Site Inventory.[1]
[1]
Editor's Note: Appendix E, Historic Site Inventory, is an
attachment to this chapter; the Historic Resources Map is included
in the overlay district maps, which are an attachment to this chapter.
B.
Revisions. The Historic Resources Map may be revised from time to
time by legislative action of the Board of Supervisors.
(1)
In considering any revision, including additions, deletions
or changes of classification to the Historic Resources Map, the Board
shall receive a written recommendation from the West Vincent Township
Historical Commission.
(2)
The owner(s) of any property(ies) which are the subject of any
such proposed administrative action shall be given written notice
of the Historical Commission's recommendation to the Board of Supervisors
at least 10 days prior to the public hearing.
C.
Official list. The West Vincent Township Historical Commission shall
maintain an updated list of resources shown on the Historic Resources
Map and their respective classifications.
A.
Demolition permit. No Class I, II or III historic resource shall
be demolished, in whole or in part, including the indiscriminate removal
or stripping of any significant exterior architectural features, unless
a permit is obtained from the Zoning Officer of the Township of West
Vincent in accordance with the procedures and requirements of this
section and other applicable standards and procedures of the Township
Building and Fire Codes.
B.
Proposed demolition of historic resources. All applications for demolitions
received by the Zoning Officer will be reviewed against the Historic
Resources Map. If the application concerns a Class I, II or III historic
resource, the Zoning Officer will advise the applicant that he or
she must comply with the following procedures and requirements, as
applicable.
C.
Application requirements for historic resources. In addition to applicable
requirements under the Township Building and Fire Codes, an applicant
seeking a permit to demolish a historic resource shall provide the
following with regard to that historic resource:
(1)
Owner of record;
(2)
Classification on Historic Resources Map;
(3)
Site plan, showing all buildings and structures on the property;
(4)
Recent photographs of the resource proposed for demolition;
(5)
Method of demolition; and
(6)
Future uses of the site and of the materials from the demolished
resource, including a proposed site plan for development after the
demolition.
D.
Promptly, upon the filing of an application for demolition, a notice
shall be forwarded to all property owners within 500 feet of the property
line by certified mail, return receipt requested. This notice shall
include the tax parcel number on which the resource is located, the
name of the resource if one exists, and the scheduled meeting date
at which the Historical Commission will review and accept public comment
on the application.
E.
Review by the West Vincent Township Historical Commission. The Zoning
Officer shall notify the Historical Commission of the application
for demolition within five days of acceptance of a properly completed
application, including the necessary filing fee. Within 45 days of
the date of application, at its regular or a special meeting, the
Historical Commission or a subcommittee thereof shall consider the
application for demolition. The applicant shall be notified of the
meeting and encouraged to present written and photographic evidence
or testimony pertaining to the demolition. In reviewing the application,
the Historical Commission shall take into account:
(1)
The effect of demolition on the historical significance and
architectural integrity of neighboring historic resources;
(2)
Feasibility of adaptively reusing the resource proposed for
demolition;
(3)
All conceivable alternatives to demolition of the resource,
including relocation of the structure;
(4)
Any expert testimony, such as, but not limited to, a certified
engineering report regarding the structural stability of the resource,
that would indicate threats to public safety;
(5)
The archaeological potential of the site; and
(6)
Cogent public comment regarding the resource or surrounding
historic resources which may be impacted by the proposed demolition.
F.
Initial recommendation of the Historical Commission.
(1)
The Commission may recommend immediate approval of the permit
and may so advise the Zoning Officer.
(2)
Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the resource as set forth in Subsection I below, preparation of a financial analysis as set forth in Subsection M below, or dialogue with the applicant on alternatives to demolition.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Recommended denial of Class I, II and III demolitions. Upon or prior
to the expiration of the time period imposed for a particular historic
resource, the Commission may recommend denial of the application.
In such cases, the Committee shall make a written report to the Board
of Supervisors, setting forth reasons for its recommendation and the
evidence considered.
H.
Final decision on Class I, II and III demolitions. Within 30 days
of receipt of the Commission report, the Board of Supervisors will
consider the Commission's recommendation for denial of the application
for demolition at a public meeting. Property owners within 500 feet
of the property line of the historic resource will be given a minimum
of 10 days' notice of the meeting by regular mail by the applicant.
The Supervisors will consider any evidence, reports or testimony from
interested parties and will render a decision either to deny or approve
the application for demolition within 21 days of the meeting. This
period may be extended and its length established by mutual consent.
I.
Documentation. Prior to the issuance of a demolition permit, the
Commission may require the applicant to provide documentation of the
resource proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, archeological survey, and any other
comparable form of documentation stipulated by the Commission.
J.
Demolition by neglect. No Class I, II or III historic resources shall
be demolished by neglect, unless it can demonstrated by the landowner
that an economic hardship exists. Demolition by neglect includes leaving
a building or structure open or vulnerable to vandalism or decay by
the elements. Unoccupied structures should be tightly sealed and fenced
off and the utilities turned off for safety.
K.
Any reasonable costs incurred by the Commission to review plans or
studies, including fees for any consultants specifically retained
for this purpose, shall be reimbursed to the Township by the applicant.
L.
Enforcement.
(1)
Fines and penalties. Any person who violates the requirements
of this section shall be subject to the fines and penalties imposed
under this chapter, as well as those fines and penalties imposed under
the Township Building and Fire Codes.
(2)
The Board of Supervisors may issue orders to preserve Class
I, II or III historic resources from further deterioration.
(3)
The Board of Supervisors shall withhold issuing any building
permits for a minimum of one year for a property which, at the date
of enactment of this chapter, was occupied by a Class I, II or III
historic resource which subsequently was demolished in violation of
this section.
Relocation should be considered as the least favored alternative
for preservation of a historic resource but preferable to demolition.
In the case of a building permit application for the proposed relocation
of a historic building or structure, the Historical Commission shall
review the application and forward a recommendation to the Zoning
Officer based on the following considerations:
A.
Whether or not the proposed relocation will have a detrimental effect
on the long-term structural integrity of the building or structure;
B.
Whether or not the proposed relocation will have a detrimental effect
on the historic, architectural or archaeological aspects of the other
buildings, structures or sites adjacent to the resource. Assessment
of the archaeological impact shall be made in conjunction with the
archaeologist from the Bureau for Historic Preservation of the Pennsylvania
Historical and Museum Commission.
C.
Whether or not the proposed relocation will provide an environment
that will be a compatible cultural landscape; that is, one harmonious
with the historic and/or architectural aspects of the building or
structure; and
A.
Any activities, including but not limited to those requiring the
completion and submission of sewage planning modules, new construction,
excavation and new roads or driveways, which may affect archaeological
resources or cemeteries, shall be required to identify any known resources
or to determine any potential resources. A Phase I Archaeological
Study shall not be required as long as the applicant agrees in writing
to conduct such a study if actual resources are discovered during
the activity.
B.
The destruction or demolition of any cemeteries shall be prohibited.
Any activities which may affect a cemetery shall provide provisions
for protection and preservation in the form of deed restrictions and/or
easements.
The Township recognizes that among its resources are unique
historic features which require special techniques or incentives to
achieve the preservation of both the historic buildings and the surrounding
cultural and contextual landscape. Many historic properties may also
have sizable outbuildings which cannot be used under the strict interpretation
of the current zoning code. Accordingly, the following techniques
are to encourage the reuse and preservation of these identified resources
by sensitive modification and innovative designs:
A.
Conversion of a Class I, II or III single-family dwelling. For a
Class I, II or III historic resource property, which was originally
designed and used as a single-family dwelling, an applicant may present
a plan which retains the existing structure and allows for its reuse
by conversion of the existing structure into a multifamily dwelling.
The plan shall be in accordance with the following standards:
(1)
The minimum lot area required by the base zoning district for each dwelling unit may be reduced if authorized as conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the following supplemental standards:
|
Number of Bedrooms
|
Density Factor*
|
|---|---|
|
1
|
0.33
|
|
2
|
0.67
|
|
3 or more
|
1.00
|
|
*
|
Multiplier to be applied to the minimum gross lot area requirement
for the district in which the property is located.
|
(3)
The applicant must show that the property is no longer feasible
or desirable as a single-family dwelling. Documentation may include:
B.
Conversion/reuse of a Class I, II or III historic resource as an
accessory dwelling unit. Application may be made for the conversion
of historic structures into an accessory dwelling unit in accordance
with the following standards:
C.
Bed-and-breakfast uses. Where permitted by the base zoning district,
historic resources may be used as a bed-and-breakfast facility in
accordance with the following standards:
D.
Home occupations. Where permitted by the base zoning district, historic resources may be used for a home occupation in accordance with § 390-152 of this chapter, except that the maximum habitable floor area of a dwelling unit occupied by the home occupation in accordance with § 390-152C(1) may be increased to 30%.
E.
Historic resources within Village Center Residential District or Route 100 Overlay District. Any historic resource located within the Village Center Residential District or the Route 100 Overlay District may be converted or used for any use permitted within the Ludwigs Village Center Commercial District if authorized as a conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the additional standards of this section.
F.
Density bonus. In addition to the maximum number of lots or dwelling units permitted on any tract by the base zoning district provisions, an applicant may be permitted one additional lot or dwelling unit for each historic resource renovated or adaptively reused if authorized as a conditional use by the Board of Supervisors, subject to the standards contained in § 390-219 of this chapter and the additional standards of this section. This density bonus may be implemented by reducing the amount of any required greenway land by up to 10%, reducing the minimum lot area and bulk requirements by up to 10%, or by a combination of these approaches, at the discretion of the Board of Supervisors.
G.
General provisions. In addition to the standards contained within
the specific special uses listed above, all special uses permitted
in this section shall comply with the following general standards:
(1)
Any additions, renovations, rehabilitation or improvements to the building shall be in substantial compliance with the rehabilitation standards contained in § 390-194 of this chapter.
(2)
Any additions to the historic resource shall occur only on the
rear facades of the building or the side facades where they will not
cause a major disruption to the original architectural design or historic
character. Authentic period material and colors shall be used on all
facades and any portion of the historic structure or addition thereof
visible from any existing or proposed public right-of-way. Appropriate
substitute colors, design or material may occur only upon the approval
of the Board of Supervisors after written recommendation of the Historical
Commission.
(3)
All plans for conversions shall be reviewed by the Historical
Commission, which shall submit a recommendation to the Board of Supervisors.
The goal of this section is to protect the integrity of the
historic setting and context of historic resources in the Township
and significant vegetation or visual resources associated with the
site. Accordingly:
A.
Whenever a Class I, II or III historic resource is located within a tract proposed for subdivision or land development, conditional use, special exception or variance, a landscape plan for the tract shall be required by the Board of Supervisors or Zoning Hearing Board in accordance with the standards contained in § 390-139C of this chapter. The plan shall be submitted to the Historical Commission for review and comment based on the general purposes and objectives of this article.
B.
Applicable historic resources (Class I, II and III) shall be protected
from any new detached building through a minimum setback of 150 feet
from the historic resource. This minimum setback requirement may be
reduced at the discretion of the Board of Supervisors if it can be
demonstrated to the satisfaction of the Board of Supervisors that
the historic resource can be adequately protected through existing
or proposed landscaping, topography, architectural controls, or other
features. Additions to historic resources shall be consistent with
the architectural features of the resource where practical.
C.
The applicant shall demonstrate preservation of sufficient landscaped
or buffer area surrounding historic structures to retain the integrity
of the historical landscape setting. The applicant shall also demonstrate
mitigation of any impacts to the historical landscape setting through
plans showing the introduction of vegetation or other screening in
harmony with such landscape setting and through retention of view
lines which visually link historic structures to their landscape setting.
D.
The plan shall be prepared by a registered landscape architect and
shall strive to minimize the impact of the proposed development on
the resource through screening, buffering, building locations and
orientations, and plant material selection. It shall show all pertinent
information, including the location, sizes and species of all individual
trees and shrubs to be removed, planted or preserved.
E.
Visually significant landscapes and visual accents, as defined and
delineated on the Visual Resources Map of the Township Greenway Land
and Recreation Plan, shall be preserved.
A.
Any proposed rehabilitation, alteration or enlargement of a Class
I, II or III historic resource should be in substantial compliance
with the Secretary of the United States Department of the Interior's
Standards for Rehabilitation, as reproduced below:
(1)
Every reasonable effort should be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment should not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance should be discouraged.
(4)
Changes which may have taken place in the course of time are
evidence of the history and development of a building, structure or
site and its environment. These changes may have acquired historic
significance in their own right, and this significance should be recognized
and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site should be treated
with sensitivity.
(6)
Deteriorated architectural features should be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures should be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials should not be undertaken.
(8)
Every reasonable effort should be made to protect and preserve
archeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing
properties should not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material
and such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(10)
New additions or alterations to structures should be done in
such a manner that, if such alterations and additions were to be removed
in the future, the essential form and integrity of the structure would
be unimpaired.
B.
Compliance. Determinations of compliance with these standards shall
be made by written report of the Historical Commission, using the
Secretary's Guidelines for Rehabilitating Historic Buildings to apply
the standards to each project.
A.
Applicability. A historic resource impact study, or any applicable
portions thereof, may be required, unless waived or modified by the
Board of Supervisors or Zoning Hearing Board, when any of the following
are proposed:
(1)
Subdivision or land development plans which will lead to the
new construction of buildings, structures, roads, driveways, parking
areas, etc. located within 500 feet of the exterior walls of a Class
I, II or Class III historic resource.
(2)
Subdivision or land development plans which propose adaptive
reuse or demolition of a Class I, II or Class III historic resource.
(3)
General bridge or road construction or substantial repair passing
within 500 feet of the exterior walls of a Class I, II or Class III
historic resource.
B.
The historic resource impact study shall be prepared by a qualified
professional in historic preservation, historical architecture, planning,
or related disciplines and presented by the applicant or his agent
for discussion at a meeting of the Historical Commission.
C.
Historical Commission. The historic resource impact study will be
reviewed by the Historical Commission. The Commission shall set forth
its evaluation and recommendations in a written report.
