[HISTORY: Adopted by the Borough Council of the Borough of
Milford 12-6-1999 by Ord. No. 324. Amendments noted where applicable.]
A.
This District is created for the following purposes:
(1)
Pursuant to Article I, Section 27 of the Pennsylvania Constitution,
which states that:
"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."
B.
Now, therefore, it is the purpose and intent of the Borough of Milford
to promote, protect, enhance, perpetuate, and preserve historic districts
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 of Milford; to safeguard the heritage of the Borough by preserving
and regulating historic districts 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 of Milford has been determined
to be of local, state or national, historical and/or architectural
significance.
For the purpose of this chapter, 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. The word "shall" is mandatory. The word "used"
includes "designated, intended, built, or arranged to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this article as a reviewable action, including without limitation
the repair, replacement, reconstruction, demolition or relocation
of any structure or object, or any part of a structure which is visible
from the public way.
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use for human
or animal habitation and is permanently affixed to the land, including
manufactured homes.
An approval statement signed by the Building Inspector or
Code Enforcement Officer authorizing the construction, alteration,
reconstruction, repair, restoration, demolition or razing of all or
a part of any building (within an historic district).
The request filed by any person with the Building Inspector
or Code Enforcement Officer that seeks authorization to erect, alter,
reconstruct, repair, restore, demolish, or raze all or a part of any
building or structure within an historic district that requires a
certificate of appropriateness.[1]
The approval statement signed by the Milford Borough Council
which certifies to the historical appropriateness of a particular
request for the erection, alteration, reconstruction, restoration,
demolition, or razing of all or a part of any building or structure
within an historic district and authorizes the issuance of a building
permit for said request.
A completed permit or certificate of appropriateness application
is an application which conforms to the submittal criteria for specific
historic preservation projects, as determined by the Historical Architectural
Review Board.
Council of the Borough of Milford.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
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.
The result of construction such as a building, structure,
monument, sign, or object on the ground or on a structure or building.
A municipal employee or an individual appointed by the Borough
Council who will be appointed to serve on the HARB and shall address
all issues involving this chapter, including applications, interactions
with the Borough Building Code Official and/or Zoning Officer, the
process of reviewing the applications by the HARB and the Borough
Council, and investigation and enforcement of any chapter violations.
[Added2-5-2018 by Ord.
No. 452]
The agency that advises the Borough Council on any requests
for authorization to erect, alter, reconstruct, repair, restore, demolish
all or part of any building within an historic district.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
Any display, structure, device or object which incorporates
lettering, logos, colors, lights, or illuminated inert gas tubes visible
to the public from a building or structure, which either conveys a
message to the public, or intends to advertise, direct, invite, announce,
or draw attention to goods, products, services, activities, or facilities,
excluding window displays, merchandise and temporary signs.
Anything constructed or erected, having a permanent or semipermanent
location on another structure or in the ground, including without
limitation buildings, sheds, manufactured homes, garages, fences,
gazebos, freestanding signs, billboards, antennas, satellite sending
or receiving dishes, vending machines, decks, and swimming pools.
[1]
Editor's Note: The definition of "building inspector or codes
administrator," which immediately followed this definition, was repealed
2-5-2018 by Ord. No. 452.
[Amended 2-8-2021 by Ord. No. 473]
A.
Definition of historic district: An historic district is an area
that possesses a sufficient concentration, linkage, or continuity
of buildings, structures, sites, objects, or open spaces united historically
by plan or physical development.
(1)
A district may comprise both distinctive features and features that
lack individual distinction.
(2)
A district may contain buildings, structures, sites, objects, or
open spaces that do not necessary contribute to the significance of
the district.
(3)
A district may include areas that act as a visual buffer to protect
the character and significance of the historic district.
B.
Designation criteria.
(1)
Milford Borough Council may designate areas of Milford Borough as
historic districts if the area meets the definition of an historic
district and at least one of the following criteria:
(a)
Is associated with an event that is significant to the history
of the Milford Borough, commonwealth, or nation.
(b)
Is representative of broad patterns of development, heritage,
or culture of the Milford Borough, commonwealth, or nation.
(c)
Is associated with persons or groups of people of significance
to the history or culture of the Milford Borough, commonwealth, or
nation.
(d)
Embodies distinctive characteristics of style, type, period
or method of construction of architecture.
(e)
Is the work of a notable architect, artist, craftsperson, or
builder.
(f)
Has yielded, or may be likely to yield, information important
in prehistory or history.
C.
Designation of historic districts.
(1)
The HARB, acting of its own volition or at the request of the Planning
Commission, the Milford Borough Council, or any resident, may consider
whether an area of the Milford Borough meets the criteria for designation
as an historic district.
(2)
Individuals or organizations other than the HARB, Planning Commission,
or Milford Borough Council seeking designation of an area as an historic
district shall prepare and submit a designation application in a form
and manner specified by the HARB. If the request for designation is
initiated by the HARB, Planning Commission, or Milford Borough Council,
the necessary documentation will be prepared by the HARB or a consultant
or contractor hired by the Milford Borough for such a purpose.
(3)
Applications for designation shall include:
(a)
The boundaries of proposed historic district(s).
(b)
Historical research and documentation that the proposed district(s)
meets one or more of the designation criteria.
(c)
A description of the character-defining features and physical
characteristics of the district and resources that relate to its significance.
(d)
A determination of whether each property within the district
is a contributing or noncontributing resource. All structures and
other built features on properties within the district shall be classified
as contributing or noncontributing. Determinations of contributing
and noncontributing status may be amended from time to time upon a
recommendation from the HARB and approval of the Milford Borough Council.
(e)
Any other information as may be specified by the HARB.
(4)
Within 60 calendar days of determining that an application is technically
complete, the HARB shall conduct one or more public meetings to review
the designation application and receive written and oral testimony
from the public. All property owners within the proposed district
shall receive notice of the meeting in the same manner as would be
provided for Zoning Map amendments.
(5)
Within 30 calendar days following the conclusion of the public meetings,
the HARB shall consider the application at a regular public meeting
and shall vote on whether or not the proposed district meets the designation
criteria and should be designated as an historic district. If the
HARB determines that the proposed district does meet the definition
and criteria for designation, within 30 calendar days of the meeting,
the HARB shall transmit a report detailing its recommendations concurrently
to both the Planning Commission and Milford Borough Council. The report
shall include:
(a)
The boundaries of proposed historic district(s).
(b)
Historical research and documentation that the proposed district(s)
meets one or more of the designation criteria.
(c)
A description of the character-defining features and physical
characteristics of the district and resources that relate to its significance.
(d)
A determination of whether each property within the district
is a contributing or noncontributing resource. All structures and
other built features on properties within the district shall be classified
as contributing or noncontributing. Determinations of contributing
and noncontributing status may be amended from time to time upon a
recommendation from the HARB and approval of the Milford Borough Council.
(6)
Within 30 calendar days of receiving the HARB's report, the
Planning Commission shall consider the application at a regular or
special meeting. The Planning Commission shall consider whether the
designation is consistent with the Milford Borough's Comprehensive
Plan and other development plans and policies, only, and transmit
a report detailing its recommendations to the Milford Borough Council
within 30 days of the meeting.
(7)
Within 30 calendar days of receiving the reports of the HARB and
Planning Commission, the Milford Borough Council shall consider whether
to designate the area as an historic district. If the Milford Borough
Council determines that the area should be designated an historic
district, it shall adopt an ordinance specifying the boundaries and
the applicable designation criteria and relevant supporting documentation.
Following adoption of the ordinance, the Milford Borough Council shall
submit the necessary information to the Pennsylvania Historical and
Museum Commission (hereafter "PHMC") for certification of the district's
boundaries.
D.
Amendments to historic districts.
(1)
The boundaries of historic districts may be amended from time to
time at the request of the HARB, the Planning Commission, Milford
Borough Council or any resident of the Milford Borough.
(2)
Boundary changes that would result in previously undesignated properties
being added to the district shall follow the same procedures as the
creation of a new district.
(3)
Boundary changes that would result in properties being removed from
an historic district may be considered if:
(4)
Requests to remove properties or reduce an historic district's boundaries shall be submitted to the HARB along with documentation demonstrating that the properties to be removed meet the requirements of Subsection D(3) of this section.
(5)
Within 30 calendars days of the receipt of a request to change the
boundaries, the HARB shall hold one or more public meetings on the
proposed changes. The HARB may receive written and oral testimony
from the public during the meetings. All property owners within the
area proposed for removal or revision shall receive notice of the
meeting in the same manner as would be provided for Zoning Map amendments.
(6)
Within 30 calendar days following the conclusion of the public meetings,
the HARB shall consider the application at a regular or special public
meeting and shall vote on whether or not the proposed changes should
be adopted. The HARB shall transmit a report detailing its recommendations
and reasons therefor to the Milford Borough Council within 30 calendar
days.
(7)
Within 30 calendar days of receiving the HARB's report, the
Milford Borough Council shall consider the recommendation of the HARB
and determine whether or not to amend the district boundaries and
adopt an ordinance reflecting any changes.
E.
Boundary description.
(1)
Following the adoption of an ordinance designating an historic district
and certification by the Pennsylvania Historical and Museum Commission,
or amendment to boundaries of designated district, a description of
the boundaries shall be included as an appendix to this chapter. The
boundaries of designated districts shall be shown on Land Use and
Zoning Maps.
F.
Delineation of historic districts. The Borough of Milford Historic
District shall be described in writing in this section and delineated
on a map designated as the Historic District Map of the Borough of
Milford.
(1)
The Historic District Map of the Borough of Milford shall be located
in the office of the Building Inspector and made available for public
inspection.
A.
A Historical Architectural Review Board, hereafter referred to as
"HARB," is hereby established to be composed of at least five members
appointed by the Milford Borough Council. The membership of HARB shall
be as follows: one member shall be a registered architect; one member
shall be a licensed real estate broker; one member shall be the Historic
District Official; one member may be a Planning Commission member;
one member may be an attorney and two member(s) shall be person(s)
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 Historic
District(s) and are property owners who reside or carry on a business
in the District.
[Amended 2-5-2018 by Ord.
No. 452]
B.
The initial terms of the first members shall be for one year. Thereafter,
the terms of members shall be so fixed that no more than two members
shall be replaced or reappointed during any one calendar year. Vacancies
on the HARB shall be filled within 120 days. However, every member
shall continue in office after expiration of the term until a successor
has been appointed. Their successors shall serve for a term of five
years. The position of any member of HARB appointed in his capacity,
such as a registered architect, a licensed real estate broker, Building
Inspector, Planning Commission member, etc., who ceases to be so engaged
shall be automatically considered vacant. An appointment to fill a
vacancy shall be only for the unexpired portion of the term.
C.
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) which may arise by virtue of
his or her membership on the Board. A member, promptly upon his determining
he has a conflict himself relative to any matter brought, shall disqualify
himself from participating, in any manner, publicly or privately,
in the presentation, discussion or deliberation of and the voting
on any such manner, including temporarily absenting himself from the
room in which the discussion is being held.
A.
Advisory role. HARB shall give recommendations to the Borough of
Milford Council regarding the advisability of issuing any certificate
of appropriateness required to be issued in accordance with the said
Act of June 13, 1961,[1] as amended, and this chapter.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
B.
Board rulemaking 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 chapter.
C.
Removal of members. Any Board member may be removed for misconduct
or wrongdoing, unlawful execution of this Act, or failure to perform
his or her responsibilities pursuant to this Act, or for other just
cause by a majority vote of the Council, but not before he or she
has been given the opportunity of a hearing to defend to any alleged
infractions of said Act. Absence from three or more consecutive meetings
of the HARB shall constitute grounds for removal from the HARB.
D.
Annual reports. The members of HARB shall make an annual report to
the Milford Borough Council which shall include:
(1)
Any recommendations for changes in this chapter;
(2)
The number and types of cases reviewed;
(3)
The number of cases for which a certificate of appropriateness was
either approved or denied;
(4)
Number of HARB meetings which each member attended;
(5)
Historic preservation-related training which each member attended;
(6)
A narrative summary describing the state of preservation in the Milford
Borough Historic District with recommendations in policy, goals, and
objectives for Borough Council consideration.
E.
Compensation. HARB may employ secretarial and professional assistance,
and incur other necessary expenses with the approval of the Milford
Borough Council.
F.
Meetings. HARB shall meet publicly at least once at regularly scheduled
intervals. Further, HARB may hold any additional meetings it considers
necessary to carry out its powers and duties indicated in this chapter.
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.
G.
Training. HARB members and HARB support staff shall be required to
attend a minimum of eight hours of seminars, conferences or workshops
related to historic preservation and HARB administration within their
first year of duty and to attend additional programs as assigned by
the HARB.
In addition to the above, HARB shall have the following powers
and duties:
A.
To conduct 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, action in coordination
with the Borough of Milford Planning Commission, Zoning Hearing Board,
and other appropriate groups and to maintain and periodically revise
the detailed listings (resource inventories) of 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 propose, from time to time as deemed appropriate, the establishment
of additional historic districts and revisions to existing historic
districts.
C.
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic and/or architectural site
and buildings, 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 of Milford
historical and/or architectural sites and buildings.
E.
To cooperate with and advise the Milford Borough Council, the Borough
of Milford agencies in matters involving historically and/or architecturally
significant sites and buildings (such as appropriate land usage, parking
facilities and signs, as well as adherence to lot dimensional regulations
and minimum structural standards).
F.
To 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, from time to time, concerned with the preservation
of historic sites and buildings.
G.
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
H.
To promote public interest in the purpose of this chapter by carrying
on educational and public relations programs.
In determining the recommendations to be made to the Milford
Borough Council concerning the issuance of a certificate of appropriateness,
HARB shall consider only those matters that are pertinent to the preservation
of the historical and/or architectural aspect and nature of the building,
site, area, or district, certified to have historical significance,
including the following:
A.
Broad historical values representing the cultural, political, economic,
or social history of the Borough of Milford.
B.
The relationship of the building or structure to historic personages
or events.
C.
Significant architectural types representative of a certain historical
period and a style of method of construction.
D.
The effect of the proposed change upon the general historical and
architectural nature of the District.
E.
The appropriateness of the exterior architectural features which
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 District. Consideration shall be
given but not limited to the following:
(1)
Proportion of building's front facades. Preserving the relationship
between the width of the front of the building and the height of the
front of the building.
(2)
Proportion of openings within the building. Preserving the relationship
of width to height of windows and doors.
(3)
Rhythms of solids to voids in the front facade. Preserving the relationship
between a recurrent alteration of strong and weak architectural elements
thereby maintaining a rhythm of solids to voids.
(4)
Rhythm of spacing of buildings on streets. Preserving the existing
rhythm of recurrent or repeated building masses to spaces between
each building.
(5)
Rhythm of entrance and/or porch projections. Preserving the existing
rhythm of entrances or porch projections to maintain a pedestrian
scale.
(6)
Relationship of materials. Preserving the predominant materials of
the District such as brick, stone, stucco, wood siding, or other material.
(7)
Relationship of textures. Preserving the predominant textures of
the District which may be smooth, such as stucco or rough, such as
brick with tooled joints or horizontal wood siding or other textures.
(8)
Relationship of architectural details. Preserving character defining
features of buildings, such as architectural details, including, but
not limited to, cornices, lintels, arches, quoins, balustrades and
iron work, chimneys, etc.
(9)
Relationship of roof shapes. Preserving compatible roof shapes such
as gable, mansard, hip, flat, gambrel, and/or other kinds of roof
shapes.
(10)
Walls of continuity. Preserving physical elements which comprise
streetscapes such as brick walls, wrought iron fences, building facades
or combinations of these which form visual continuity and cohesiveness
along the street.
(11)
Directional expression of front elevation. Preserving the orientation
of structural shapes, plan of openings and architectural detail that
reflect a predominantly vertical, or horizontal character to the buildings
facade.
(12)
Scale. Preserving the scale of the built environment created
by the size of units of construction and architectural detail that
relate to the size of persons. In addition, preserving building mass
and its relation to open space.
G.
Variations. The HARB shall grant variations in a manner that will
be in harmony with the character of the other buildings or structures
on the street and/or districts.
H.
The height of any new building or structure shall not exceed the
height of the tallest adjacent building or structure by 10%. This
requirement shall also apply to any proposed modifications to existing
buildings or structures.
I.
In such rare cases where the HARB recommends and the Council approves
demolition of an historic building or structure, a good faith effort
shall be made by the Milford Borough Council and the owner(s) to move
said building or structure to a proximate site. If moving a building
or structure slated to be demolished is economically or practically
infeasible, efforts shall be made to salvage architectural features
of said building or structure for use within the Borough.
J.
In addition to the above, Chapter 312, Zoning, shall be so amended as to be compatible with the purpose of and objectives of this chapter.
L.
Financial feasibility.
(1)
The Review Board shall consider the financial feasibility of its
recommendations in response to a request for a certificate of appropriateness
or building permit for the erection, reconstruction, alteration, and
restoration of a building or structure. Financial feasibility shall
be determined by the HARB on the basis of an unreasonable cost for
repair or replacement in kind of whole or part of a building or structure.
(2)
The applicant shall submit a minimum of three estimates from bona
fide contractors and or vendors substantiating his or her claim that
the financial feasibility of repair in kind is unreasonable. The Board
shall determine as to the condition of said architectural feature
based on its inspection, photographs or report from the Building Inspector
or preservation staff or consultant. No substitute material shall
be approved which is inappropriate, incompatible, or is destructive
or has the potential to be destructive to the original fabric of the
building or structure.
(3)
No vinyl or aluminum siding or other material shall be allowed on
the exterior of any masonry wall of a building or structure.
(4)
No capping with aluminum or vinyl or other material shall be allowed
on the exterior of character defining features of a building or structure.
A.
No sign or permanent external advertising display of any kind shall
be erected, altered or used in the Historic District except for advertising
informing the public of service, business, occupation or profession
carried on, in or about the property on which such sign or permanent
external advertising display appears. In conjunction with this, no
such sign or advertising display of any kind or for any purpose shall
be erected or altered notwithstanding zoning sign approval, until
an application for permit to make such erection or alteration has
been reviewed by HARB for its conformity in exterior material composition,
exterior structural design, external appearance and size with similar
advertising or information media used in the architectural period
of the District and a permit granted thereon.
B.
All other requirements of any Borough ordinance must be complied
with. Historical markers may be authorized by HARB subject to the
provisions stipulated and such markers shall not be considered as
signs but are to be erected in accordance with the requirements established
for historic markers by HARB.[1]
[1]
Editor's Note: Original Sec. 502, Exemptions from permit requirement,
added by Ord. No. 425, was repealed 9-12-2016 by Ord. No. 446.
A.
Upon receipt of a completed application for a building permit or
a certificate of appropriateness for work to be done in the District,
the Building Inspector shall act in accordance with the procedures
being followed in that office, except those procedures that are modified
by the following requirements:
(1)
The Building Inspector shall determine whether the work proposed
needs to be forwarded to HARB staff for administrative approval review.
If not, he shall forward copies of the completed application for a
building permit together with copies of any plot plan and building
plans and specifications filed by the applicant to HARB.
(2)
The Building Inspector shall not issue a building permit for any
erection, alteration, reconstruction, repair, restoration or demolition
of all or part of any building in the District until the Milford Borough
Council has issued a certificate of appropriateness. If the Building
Inspector or his or her representative issues a building permit without
a COA due to an administrative or clerical error, said building permit
shall be voided.
(3)
The Building Inspector shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit or certificate of appropriateness so that the information needed to make the determination set forth in § 167-11G(1) through (8) will be available.
(4)
The Building Inspector shall maintain in his office a record of all
such applications and final dispositions of the same.
B.
Board review of applications. Upon receipt of a completed building
permit or certificate of appropriateness application under the jurisdiction
of this chapter, HARB shall consider such at its next regularly scheduled
meeting or special meeting.
C.
Notification of application of HARB meeting. The owner of record
or his or her representative(s) applying for a certificate of appropriateness
and/or a building permit shall be advised of the time and place of
said meeting and be invited to appear to explain his or her reasons
at least 10 days before the HARB meeting. HARB may invite such other
persons as it desires to attend its meeting.
D.
Design guidelines. In determining both oral and written recommendations to be presented to the Milford Borough Council concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, alteration, reconstruction, repair, restoration, demolition, or demolition by neglect of all or a part of any building within the Historic District, HARB shall consider the design guidelines set forth in §§ 167-9 and 167-10, and such design guidelines developed by the HARB, with the approval of the Council, pursuant to and congruent with the objectives of this chapter.
E.
Time frame for board decision. HARB shall render a decision and recommendation on any application for a building permit under its review no later than 30 days after the hearing/meeting provided for in § 167-7 of this chapter and shall submit, in writing, to the Milford Borough Council recommendations concerning the issuance of a certificate of appropriateness.
F.
Application disapproval by HARB. If the HARB decides to advise against
the granting of a certificate of appropriateness, it shall so indicate
to the applicant for a building permit. The disapproval shall indicate
to the applicant the changes in plans and specifications, if any,
which would protect the distinctive historical character of the Historic
District and the architectural integrity of the building or structure.
The HARB shall withhold its report for five days to allow the applicant
to decide whether or not to make the suggested changes in his plans
and specifications. If the applicant determines that he or she will
make the necessary changes, he or she shall so advise the HARB, which
shall in turn advise the Council accordingly.
G.
Contents of written report. The written report to Borough Council
concerning HARB'S recommendations on the issuance of a certificate
of appropriateness shall set out the findings of fact which shall
include but not be limited to the following matters:
(1)
The exact location of the area in which the work is to be done.
(2)
The exterior changes to be made or the exterior character of the
structure to be erected.
(3)
A list of the surrounding structures with their general exterior
characteristics.
(4)
The effect of the proposed change upon the general historic and architectural
nature of the District.
(5)
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
(6)
The general design, arrangement, texture, and material of the building
and the structure and the relation of such factors to similar features
of building or structures in the District.
(7)
The opinion of HARB (including any dissent) as to the appropriateness
of the work or project proposed as it will preserve or destroy the
historic character and nature of the District.
(8)
The specific recommendations of HARB based on findings of fact as
to the issuance by the Milford Borough Council or its refusal to issue
a certificate of appropriateness.
H.
Notification of applicant by the Borough Council of their consideration. Upon receipt of the written report from HARB as provided in Subsection G of this section, the Borough Council shall consider, at the 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 Milford Secretary of the time and place of the meeting at which his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.
I.
Design guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition, of all or a part of any building within the Historic District, the Borough Council shall consider the same factors as HARB set forth in §§ 167-9 and 167-10 of this chapter and the report of the Board.
J.
Approval by the Milford Borough Council. If the Borough Council approves
the application, it shall issue a certificate of appropriateness authorizing
the Building Inspector to issue a (building) permit for the work covered.
K.
Inspection and certificate of completion. Upon completion of the
work authorized by the certificate of appropriateness, the owner or
owner's agent shall notify the Historic District Official that the
work is completed. If the Historic District Official confirms, after
inspection, that the work has been completed in accordance with the
certificate of appropriateness, the Historic District Official shall
issue a certificate of completion. If the Historic District Official
determines that the work was not done properly, that Official shall
provide a written notice to the owner or his agent listing the corrections
that need to be made. If a property owner who has been issued a certificate
of appropriateness fails to obtain a certificate of completion after
work is done on the owner's property, the owner shall be in violation
of this chapter.
[Added 2-5-2018 by Ord.
No. 452[1]]
L.
Disapproval by the Milford Borough Council.
(1)
If the Borough Council disapproves, a written reason(s) shall be
given to the Building Inspector, 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 the distinctive historical character of the District
and the architectural integrity of the building or structure.
(2)
Upon receipt of a written disapproval of the Borough Council, the
Building Inspector shall disapprove the application for a building
permit and so advise the applicant. The applicant may appeal this
disapproval to the County Court of Common Pleas within the time specified
by law.
M.
Final notification by Borough Council. In either case of approval
or disapproval, the Borough of Milford shall notify the applicant
of its decision within five days of its meeting at which the application
was considered.
N.
Certificate of compliance. The applicant shall notify the Building
Inspector when he or she believes that the permitted construction
has been substantially completed or at such other times as may be
prescribed by the HARB in a given case or as requested by the applicant.
At the time of the notification set forth herein, the Building Inspector
shall make prompt arrangements to visit the site and inspect the construction
for compliance with the terms of the building permit (if any) and
the certificate of appropriateness issued by the Borough. If the inspection
reveals a lack of compliance with the permit and/or COA, the Inspector
will so notify the applicant, in writing, setting forth the nature
of the defect(s) and the steps necessary to assure compliance. If
the inspection reveals compliance with the permit and COA, the Inspector
shall issue a certificate of compliance on a form approved by the
HARB and the Borough Council.
[Added 12-6-1999 by Ord.
No. 328]
A.
When a claim of unreasonable economic hardship is made due to the
effect of this chapter, the owner of record must present evidence
sufficient to prove that as a result of the Review Board's action,
he 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 Review Board some or all of the information below at the discretion
of the HARB, which shall include but not be limited to the following:
(1)
Date the property was acquired by its current owner.
(2)
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.
(3)
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Appraisals of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property.
(10)
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.
(11)
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.
(12)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of the Planning Commission for changes necessary for it to approve
a certificate of appropriateness.
(13)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
B.
The Review Board may require that an applicant furnish additional
information relevant to its determination of unreasonable economic
hardship.
C.
The Review Board may receive and consider studies and economic analyses
from other Borough agencies and from private organizations relating
to the property in question.
D.
Should the Review Board 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 Review Board may choose to recommend to the Borough
of Milford that special 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.
E.
The Review Board may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the Review Board chooses
to explore such options, the Review Board may delay issuing a certificate
of appropriateness for demolition on the basis of economic hardship
for a period of 90 days in addition to time periods otherwise applicable.
F.
Should the applicant satisfy the Review Board that he will suffer
an unreasonable economic hardship if a certificate of appropriateness
is not approved, and should the Review Board be unable to develop
with the Borough of Milford or appropriate local, statewide and national
preservation organization a solution which can relieve the owner's
economic hardship, the Review Board must recommend a certificate of
appropriateness for demolition.
All buildings and structures within the Borough of Milford Historic
District shall be maintained in good repair, structurally sound, and
reasonably protected against decay and deterioration. Examples of
such deterioration include:
A.
Deterioration of exterior walls or other vertical supports.
B.
Deterioration of roofs or other horizontal members.
C.
Deterioration of exterior chimneys.
D.
Deterioration or crumbling of exterior stucco or mortar.
E.
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken window or doors.
F.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that a demolition is necessary for the
public safety.
The Building Inspector shall serve a notice of violation on
the person in violation of this chapter which would result in but
not be limited to failure to apply for a certificate of appropriateness
or a building permit required for the erection, reconstruction, alteration,
restoration, demolition, demolition by neglect, or razing of any building
or structure which can be seen from a public way, and failure to comply
with HARB-approved work. Such notice shall direct the abatement of
said violation.
[Amended 2-5-2018 by Ord.
No. 452]
The Historic District Official shall have the power to investigate
any complaints or reports of alleged violations of this chapter, issue
any notice of violation and stop-work order and, in consultation with
the Borough Solicitor, institute any proceeding at law or in equity
necessary for the enforcement of this chapter.
[Amended 12-6-1999 by Ord. No. 328; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person, property owner, occupant, firm or contractor failing
to obtain a building permit and/or certificate of appropriateness
pursuant to this chapter, or failing to obtain a certificate of compliance
within one year after the issuance of a certificate of appropriateness
for the same project or otherwise violating the terms of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys’ fees incurred
by the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Pike County.
The provisions of this chapter may be amended in the future
by the Council of Borough of Milford after notice and hearing as provided
by law.
Immediately upon the adoption of this chapter, the Borough of
Milford Secretary shall forward a copy thereof to the Pennsylvania
Historical and Museum Commission. This chapter shall not take effect
until:
This chapter shall not apply to work in progress, as of the
date of advertisement of this chapter, for which all permits have
been obtained from the Borough of Milford under all applicable ordinances,
if any. "Work in progress" shall be defined as actual construction,
modification, painting, refinishing or similar work actually undertaken
on the subject premises. The preparation of plans or the ordering
or purchase of materials, or similar actions shall not be considered
work in progress in the absence of the physical work described herein.
The burden of proof to establish the existence of work in progress
shall be on the property owner.
