This District is created for the following purposes:
A. 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 Chalfont
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; 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 of Chalfont, which
the Borough has determined to be of local, state or national historical
and/or architectural significance.
Boundary description:
Beginning at a point on the southerly side of U.S. Route 202,
at the easterly property line of TMP 7-8-11-3; thence proceeding away
from U.S. Route 202 in a southerly direction generally skirting the
edge of “Nostalgia,” a local business occupying a stone
house built by Simon Matthews, for a distance of 420 feet. Thence
proceeding in a westerly direction along the rear of said property
for a distance of 362 feet. Thence proceeding in a south by southeasterly
direction following the rear boundary of the Simon Butler Mill House
Property and the rear property lines of TMP 7-8-77, 7-8-78 and 7-8-79.
Thence proceeding in a more southwesterly direction, partially along
the rear property line of TMP 7-8-80, and continuing along the rear
property line of TMP 7-8-102 where it meets the eastern bank of the
North Branch of Neshaminy Creek. Thence proceeding along the southerly
property of TMP 7-8-10 in a northwesterly direction crossing the North
Branch of Neshaminy Creek to the westerly bank. Thence proceeding
along the westerly bank of the North Branch of Neshaminy Creek in
a northerly direction to the northerly property line of TMP 7-8-9
approximately 440 feet. Thence proceeding along the northerly property
line of 7-8-9, approximately 250 feet, to the common corner of TMP
7-8-9, 7-6-139, 7-6-133 and 7-6-132. Thence proceeding in a southwesterly
direction along the rear property lines of TMP 7-6-132, 7-6-131-1,
and the westerly property line of TMP 7-8-9. Thence proceeding 20
feet in a westerly direction to a common point of TMP 7-6-131-1 and
TMP 7-6-130. Thence along the rear property line of TMP 7-6-130, 50
feet to a corner of TMP 7-6-130 and TMP 7-6-129. Thence 20 feet in
an easterly direction to a common point of TMP 7-8-9 and TMP 7-6-129.
Thence along the rear property line of TMP 7-6-129, 50 feet to a corner
of TMP 7-6-129 and TMP 7-8-9, thence proceeding in a westerly direction,
20 feet to a common point of TMP 7-6-129 and TMP 7-6-128. Thence along
the rear property line of TMP 7-6-128, 72 feet to a common point of
TMP 7-6-128 and TMP 7-6-127, thence proceeding in a southeasterly
direction along the common property line of TMP 7-8-9 and TMP 7-6-127
approximately 400 feet to a common point of TMP 7-8-9, TMP 7-6-127
and TMP 7-8-8-1. Thence continuing along the rear property line of
TMP 7-6-127 in a westerly direction 60 feet to a common corner of
TMP 7-6-127 and TMP 7-8-8-1. Thence continuing along the common property
line of TMP 7-8-8-1 and TMP 7-6-127 in a northwesterly direction 300
feet to the rear property line of TMP 7-6-125. Thence proceeding in
a westerly direction along the rear property line of TMP 7-6-125,
approximately 152 feet. Thence along the easterly property line of
TMP 7-6-121 and TMP 7-6-121-1 in a southeasterly direction to a common
property corner of TMP 7-6-121-1 and TMP 7-8-8-1. Thence in a southwesterly
direction, along the property line of TMP 7-6-121-1, 420 feet to a
common property corner of TMP 7-6-121-1 and 7-8-8-1. Thence proceeding
in a southwesterly direction crossing the West Branch of Neshaminy
Creek to the westerly bank. Thence proceeding in a northerly direction
along the westerly bank of the West Branch of Neshaminy Creek to U.S.
Route 202. Thence crossing the West Branch of Neshaminy Creek to the
easterly bank, thence crossing U.S. Route 202 to the northerly side
of U.S. Route 202. Thence proceeding in a northeasterly direction
along U.S. Route 202 to the property line of TMP 7-6-51. Thence proceeding
in a northerly direction along the westerly property line of TMP 7-6-51
approximately 215 feet. Thence continuing along the northwesterly
property line of TMP 7-6-51 approximately 114 feet. Thence proceeding
along the easterly bank of the West Branch of Neshaminy Creek, approximately
700 feet through TMP 7-6-35 to the common property corner of TMP 7-6-35,
7-6-37 and 7-6-36-2. Thence proceeding in a northerly direction, approximately
460 feet along the common property line of TMP 7-6-37 and 7-6-36-2
to a point on the southern side of the Pennsylvania railroad property.
Thence proceeding in a generally westerly direction paralleling the
railroad tracks for a distance of approximately 1,100 feet. Thence
proceeding in a northerly direction, crossing the railroad tracks,
along the westerly property line of TMP 7-6-36-1 to the southerly
side of Sunset Avenue. Thence proceeding in a northwesterly direction
along the southerly side of Sunset Avenue to the Chalfont Borough
line. Thence proceeding in a northerly direction, crossing Sunset
Avenue to the southerly side of Westview Avenue. Thence continuing
along the southerly side of Westview Avenue approximately 720 feet
to the westerly property line of TMP 7-4-4-1. Thence proceeding in
a southeasterly direction along the property line of TMP 7-4-4-1 approximately
633 feet to a property corner, thence continuing along the rear property
line of TMP 7-4-4-1 in a northeasterly direction approximately 730
feet to the rear property line of TMP 7-4-56. Thence proceeding in
an easterly direction along the rear property line of TMP 7-4-56 approximately
148 feet to a property corner. Thence along the easterly property
line of TMP 7-4-56 in a northerly direction to North Main Street (Limekiln
Pike). Thence proceeding along the southerly side of North Main Street,
in a southeasterly direction to the southeasterly side of West Hamilton
Avenue. Thence proceeding in a northerly direction, crossing North
Main Street and along the southeasterly side of Hamilton Street approximately
178 feet. Thence along the northerly properly lines of TMP 7-6-54
and 7-6-55 and through TMP 7-6-56 in a southeasterly direction, approximately
410 feet to the southern side of Church Street. Thence proceeding
in a northerly direction along the southern side of Church Street
approximately 185 feet to the southern side of Chestnut Street. Thence
proceeding in a southeasterly direction along the southern edge of
Chestnut Street, crossing Swartz Avenue and Wisler Street approximately
900 feet to a point opposite the common property line of TMP 7-6-77-3
and 7-6-76. Thence proceeding in a northeasterly direction, crossing
Chestnut Street and continuing along the common property line of TMP
7-6-77-3 and 7-6-76 approximately 180 feet. Thence along the rear
property line of TMP 7-6-76 in a southeasterly direction, approximately
49.9 feet. Thence along the rear property lines of TMP 7-6-87, 7-6-86
and 7-6-85 approximately 250 feet to the southerly side of Patriot
Drive. Thence proceeding in a southerly direction along the southerly
side of Patriot Drive 180 feet to Park Avenue. Thence proceeding in
a northerly direction along the northerly side of Park Avenue crossing
both intersections of Patriot Drive, approximately 800 feet to the
westerly bank of the North Branch of Neshaminy Creek. Thence proceeding
in a southerly direction along the westerly bank of the North Branch
of Neshaminy Creek approximately 1,050 feet to a point on the northerly
side of the railroad property. Thence crossing the railroad tracks
and the North Branch of Neshaminy Creek to the southerly side of the
railroad property. Thence along the southerly side of the railroad
property in a northeasterly direction approximately 160 feet to a
common corner of TMP 7-8-1 and TMP 7-8-2. Thence proceeding in a southerly
direction along the common property line of TMP 7-8-1 and 7-8-2 approximately
204 feet to the northerly side of U.S. Route 202. Thence proceeding
across U.S. Route 202 to the southerly side of U.S. Route 202 to the
frontage of the “Nostalgia” property. Thence proceeding
along the southerly side of U.S. Route 202, in an easterly direction,
approximately 115 feet to the place of beginning.
Being all or portions of the Bucks County Tax Map parcels located
in the Borough of Chalfont as identified as TMP 7-4-398 through 439;
TMP 7-6-1 through 9; TMP 7-6-11 through 35; TMP 7-6-36; TMP 7-6-36-1;
TMP 7-6-37 through 40; TMP 7-6-42 through 51; TMP 7-6-54 through 56;
TMP 7-6-59 through 60; TMP 7-6-61-1 through 76-1; TMP 7-6-85 through
122; TMP 7-6-124 through 130; TMP 7-6-131-1; TMP 7-6-132 through 134;
TMP 7-6-136 through 139; TMP 7-6-214 through 263; TMP 7-6-265 through
267; TMP 7-8-1; TMP 7-8-8-1; TMP 7-8-10; and TMP 7-8-11-3.
In addition to the above, HARBs 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; to act in coordination
with the Borough 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 sites
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 historical
and/or architectural sites and buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. To cooperate with and advise the Borough of Chalfont Council and
Borough 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 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 Borough
governing body 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.
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 or 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 a 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
ironwork, 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
reflects a predominantly vertical or horizontal character to the building's
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
in its relation to open space.
(13)
Variations. The HARB shall grant variations in a manner that
will be in harmony with the character of other buildings or structures
on the street and/or districts.
G. The height of any new building or structure shall meet the requirements of Chapter
440, Zoning. This requirement shall also apply to any proposed modifications to existing buildings or structures.
H. In such rare cases where the HARB recommends and the governing body
approves demolition of an historic building or structure, a good-faith
effort shall be made by the Borough 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. All costs associated with
these efforts shall be paid by the applicant.
I. All other laws and ordinances of the Borough of Chalfont shall be complied with, including Chapter
440, Zoning, and Chapter
370, Subdivision and Land Development.
J. 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.
[Amended 6-10-2008 by Ord. No. 373]
A. No sign or permanent external advertising or information media display
of any kind shall be erected, altered or used in the Historic District
except for advertising that informs the public of a service, business,
occupation or profession carried on, in or about the property on which
the sign or permanent external advertising display appears.
B. No sign or permanent external advertising or information media display
of any kind or for any purpose shall be erected or altered within
the Historic District until a certificate of appropriateness has been
obtained from the Borough of Chalfont Council after receiving a recommendation
from the HARB.
C. The HARB shall consider the application for a certificate of appropriateness
for exterior material composition, exterior structural design, external
appearance and size with similar advertising or information media
used in the district and the immediate vicinity.
D. Signs and permanent external advertising or information media displays
should complement a building by using materials consistent with the
historic period and character of the building.
E. Sizes of signs or permanent external advertising or information media displays should be compatible with Chapter
440, Zoning, and the scale of the building on which the sign is to be placed.
F. Illumination shall be through the utilization of indirect lighting.
G. Historical markers may be authorized by the HARB, subject to the
provisions stipulated. Historical markers shall not be considered
signs and shall be erected in accordance with the requirements established
for historic markers by the HARB.
H. All requirements of any other Borough ordinance shall be complied
with at all times.
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.
The Building Inspector, or his designated representative, shall
have the power to institute any proceedings at law or in equity necessary
for the enforcement of this chapter.
[Amended 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 or certificate of appropriateness pursuant
to this chapter, or any person who otherwise violates or permits a
violation of this chapter shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorney's fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such 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
Bucks County.
If any section, paragraph, subsection, clause or provision of
this chapter shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
chapter as whole, or any part thereof.
The provisions of the chapter may be amended in the future by
the governing body of Borough after notice and hearing as provided
by law.
Immediately upon the adoption of this chapter, the Borough Secretary
shall forward a copy thereof to the Pennsylvania Historical and Museum
Commission. This chapter shall not take effect until said Commission
has certified, by resolution, to the historical significance of the
Borough Historical District and it has been duly advertised once in
the newspaper of general circulation in the Borough as required by
law.