[HISTORY: Adopted by the Borough Council of the Borough of
Chalfont 9-14-2004 by Ord. No.
344 (Ch. 4, Part 1, of the 2010 Code of Ordinances).
Amendments noted where applicable.]
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.
A.
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."
B.
ALTERATION
BOROUGH OF CHALFONT
BOROUGH OF CHALFONT HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB)
BUILDING
BUILDING INSPECTOR/CODES ADMINISTRATOR
BUILDING PERMIT
BUILDING PERMIT APPLICATION
CERTIFICATE OF APPROPRIATENESS
COMPLETED APPLICATION
DEMOLITION
DEMOLITION BY NEGLECT
ERECTION
RECONSTRUCTION
SIGN
STRUCTURE/SUPPORTING STRUCTURE
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 chapter 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.
The Borough of Chalfont, Bucks County, Pennsylvania.
The agency that advises the Borough governing body for certificates
of appropriateness on any requests for authorization to erect, alter,
reconstruct, repair, restore, demolish all or part of any building
within an historic district.
See "structure." 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.
A municipal employee of or individual retained by or designated
by the Borough of Chalfont as the individual who enforces compliance
of building and/or fire codes and issues the permit for the erection,
alteration, reconstruction, repair, restoration, demolition or razing
of all or a part of any building or structure within the Borough of
Chalfont.
An approval statement signed by the Building Inspector or
Codes Administrator authorizing the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or a part of any
building or structure within the Borough.
The request filed by any person with the Borough of Chalfont
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.
The approval statement signed by the Borough of Chalfont
Council and the Building Inspector 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 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.
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.
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.
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.
A.
An Historical Architectural Review Board, hereafter referred to as
"HARB," is hereby reestablished without lapse, to be composed of not
less than five and not more than seven members appointed by the Borough
Council. The membership of HARB shall be as follows:
(1)
One member shall be a registered architect.
(2)
One member shall be a licensed real estate broker.
(3)
One member shall be the Building Inspector.
(4)
Two members shall be persons with demonstrated interest, knowledge,
ability, experience or expertise in restoration, historic rehabilitation
or neighborhood conservation or revitalization who have interest in
the preservation of the Historic District(s) and are property owners
who reside within the Borough of Chalfont.
(5)
Two members should be persons with demonstrated interest, knowledge,
ability, experience or expertise in restoration, historic rehabilitation
or neighborhood conservation or revitalization who have interest in
the preservation of the Historic District(s) and are property owners
who reside within the Borough of Chalfont Historic District.
B.
The initial terms of the first 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 or the Building Inspector for the community,
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) that 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.
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 Borough Council, but not before he
or she has been given the opportunity of a hearing to defend against
such charges.
D.
Annual reports. The members of HARB shall make an annual report to
the Borough governing body 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)
The 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 Borough
Historic District with recommendations in policy, goals and objectives
for Borough governing body consideration.
E.
Compensation. HARB may employ professional assistance and incur other
necessary expenses with the approval of the Borough Council.
F.
Meetings. HARB shall meet publicly 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 open to the public. A majority of HARB shall constitute
a quorum and shall include two of the three professionals (the Building
Inspector, the realtor and/or the architect). Any official 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 annually of seminars, conferences
or workshops related to historic preservation and HARB administration.
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.
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.
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)
A certificate of appropriateness (COA) shall not be required by the
Building Inspector where the modifications, alterations or repairs
do not alter the historical and architectural integrity of the structure
or site, as seen from the public street or way, or are limited to
interior modifications. It is not the intent of this chapter to require
a certificate of appropriateness for small maintenance or repair projects,
and the Building Inspector shall have the discretion to exempt such
projects from the certificate of appropriateness process where such
projects will not alter the historical and architectural integrity
of the structure or site, as seen from the public street or way. For
applications exempt from the COA process, the Building Inspector 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, unless determined
to be exempt from the COA process, until the Borough governing body
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 nine copies of all material. Material is required to be attached to a completed application for a certificate of appropriateness so that the information needed to make the determination set forth in Subsection G(1) through (8) will be available.
(4)
Completed applications shall be received a minimum of 15 days prior
to the next regularly scheduled meeting in order to be placed on the
agenda for that meeting.
(5)
The Borough shall maintain a record of all such applications and
final dispositions of the same.
B.
Board review of applications. Upon receipt of a completed 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 applicant of HARB meeting. The owner of record or
his or her representative(s) applying for a certificate of appropriateness
shall be advised of the time and place of said meeting and be invited
to appear to provide testimony at the 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 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 §§ 237-8 and 237-9 and such design guidelines developed by the HARB pursuant to and consistent with the objectives of this chapter.
E.
Time frame for Board decision. HARB shall render a decision and recommendation on any application under its review no later than 45 days after the conclusion of any hearing provided for in § 237-6 of this chapter and shall submit, in writing, to the Borough governing body 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 no later than 45 days after the hearing. The decision
may indicate 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. If changes
are recommended within the decision, the HARB may withhold its report
until the next meeting 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 at the next meeting, which
shall in turn advise the governing body accordingly. If changes are
recommended to the applicant, the hearing shall not be concluded until
the applicant appears before the HARB to state if he or she will comply
with the recommendations.
G.
Contents of written report. The written report to the Borough Council
concerning HARB's recommendations on the issuance of a certificate
of appropriateness shall set out the findings of fact that 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 buildings 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 Borough Council or its refusal to issue a certificate
of appropriateness.
H.
Notification of applicant by the Borough Council of its consideration. Upon receipt of the written report from HARB as provided in Subsection G of this section, the Borough governing body shall consider, at the next regularly scheduled or special meeting, the question of issuing a certificate of appropriateness for work covered by the application. The applicant shall be advised by the Borough 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 §§ 237-8 and 237-9 of this chapter.
J.
Approval by the Borough governing body. 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.
Disapproval by the Borough Council. If the Borough Council disapproves,
a written statement of 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. 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.
L.
Final notification by Borough Council. In either case of approval
or disapproval, the Borough Council shall notify the applicant of
its decision within five days of its meeting at which the application
was considered.
[1]
Editor's Note: The Historic District Review Procedure Summary is included as an attachment to this chapter.
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 HARB's action, he
is unable to obtain a reasonable return or a reasonable beneficial
use from a resource.
B.
The owner of record shall submit, by affidavit at the discretion
of the HARB, information regarding the property, 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)
Current market value of the property.
(4)
Equity in the property.
(5)
Past and current income and expense statements for the past two years.
(6)
Past capital expenditures during ownership of the current owner.
(7)
Appraisals of the property obtained within the previous two years.
(8)
Income and property tax factors affecting the property.
(9)
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.
(10)
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.
(11)
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 HARB for changes necessary for it to approve a certificate
of appropriateness.
(12)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
C.
The HARB may require that an applicant furnish additional information
relevant to its determination of unreasonable economic hardship.
D.
Should the HARB determine that the owner's present return is
not reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The HARB may choose to recommend to the Borough 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 HARB 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 HARB chooses
to explore such options, the HARB 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 HARB that he will suffer an unreasonable
economic hardship if a certificate of appropriateness is not approved,
and should the HARB be unable to develop with the Borough or an appropriate
local, statewide or national preservation organization a solution
which can relieve the owner's economic hardship, the HARB must
recommend a certificate of appropriateness for demolition.
B.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration of crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
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.
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.
