[Ord. 68, 11/7/1985, § 1]
1.
In accordance with the provisions of an act entitled:
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"An act authorizing counties, cities, boroughs, incorporated
towns and townships to create historic districts within their geographic
boundaries; providing for the appointment of Boards of Historical
Architectural Review; empowering governing bodies of political subdivisions
to protect the distinctive historical character of these districts
and to regulate the erection, reconstruction, alteration, restoration,
demolition or razing of buildings within the historic districts."
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2.
Adopted by the General Assembly of the Commonwealth of Pennsylvania
and approved by the Governor of the Commonwealth of Pennsylvania on
the 13th day of June, 1961.
3.
To protect the portions of the Township of Solebury which recall the rich architectural and cultural heritage of our Township and state, to awaken in our people an interest in our historic past and to promote the general welfare, education and culture of our Township, there are hereby created in the Township of Solebury an historic district or districts as defined and described in § 11-102 of this Part.
[Ord. 68, 11/7/1985, § 2]
The limits of historic district(s) are defined in the appendixes
which are incorporated herein by reference.
[Ord. 68, 11/7/1985, § 3]
This Part will not apply to a newly created historic district until the Pennsylvania Historical and Museum Commission has certified by resolution, after notification in writing of the adoption of a new district, to the historical significance of the district within the limits defined in § 11-102. The certification shall be maintained in the Township records.
[Ord. 68, 11/7/1985, § 4; as amended by Ord. No. 2018-007, 8/14/2018; by Ord. No. 2020-004, 10/6/2020; and by Ord. No. 2021-008, 10/19/2021]
1.
A Board of Historical Architectural Review is hereby established,
to be composed of individuals who shall have demonstrated interest
in and knowledge of historic preservation. The Board shall consist
of at least five persons appointed by the Township Supervisors. The
membership of the Board shall consist of a licensed real estate broker,
a building code official, a qualified individual from each historic
district, appointed as each district is placed under this Part, and
such other qualified individuals as the Board of Supervisors wishes
to appoint, who shall have their principal residence in Solebury Township.
The membership of the Board shall also consist of a registered architect,
who need not have a principal residence in Solebury Township.
A.
A majority of the Board shall constitute a quorum, and action taken
at any meeting shall require the affirmative vote of a majority of
the Board.
B.
The terms of the Board members shall be for five years. The terms
of the initial Board members will be staggered so that one member
will serve for one year, one for two years, and so forth. All members
terms will be deemed to begin on January 1 of the year of their appointment,
including new members from new districts, whose terms shall be declared
to have begun January 1 of the year of their appointment.
C.
The Supervisors reserve the right to remove any member of the Board
for cause, such as failure regularly to attend meetings.
D.
The position of any member of the Board, other than a member of the
Board appointed thereto as a registered architect, residing within
Solebury Township at the time of his/her appointment who thereafter
moves his/her residence from the Township shall automatically become
vacant; likewise, any member of the Board appointed thereto as resident
of an historic district who thereafter moves his/her residence from
the historic district. If the person appointed to the Board as a building
code official is an employee or contracted Building Code Official
of Solebury Township, he/she shall cease to be a member of the Board
upon ceasing to be an employee or contracted Building Code Official
to Solebury Township. An appointment to fill a vacancy shall be only
for the unexpired portion of that term.
E.
The Board of Supervisors may appoint up to three nonvoting associate
members to the Board to serve a one-year term. The associate members
shall be entitled to participate in all proceedings and discussions
of the Board to the same and full extent as provided by law, but shall
not have the right to vote. Associate members shall either be registered
architects, licensed real estate brokers, building inspectors, reside
in an historic district, or otherwise qualified as determined by the
Board of Supervisors. Associate members may not serve as HARB designees
for purposes of the fast-track applications.
F.
Associate members shall serve their full term unless voluntarily
resigned or removed by the Board of Supervisors. Associate members
may be reappointed to additional terms at the discretion of the Board.
The position of any associate member of the Board residing in Solebury
Township at the time of his appointment who thereafter moves his residence
from the Township shall automatically be vacant.
[Ord. 68, 11/7/1985, § 5; as amended by Ord. No. 2017-5, 3/7/2017]
The Board shall make written recommendations to the Supervisors
of the Township of Solebury regarding the issuance of certificates
of appropriateness required pursuant to the Act of June 13, 1961 (53
P.S. 8001 et seq.), and this Part. For this purpose, the Board may
adopt and amend rules and regulations of their own organization and
procedures, consistent with the ordinances of the Township and the
laws of the commonwealth. At a minimum, these should establish regular
meeting times, attendance and training requirements which should include,
at least once during a term, attendance at a seminar for members of
Boards of Historical Architectural Review conducted by the Municipal
Training Division of the Pennsylvania Department of Community and
Economic Development, in conjunction with the Pennsylvania Historical
and Museum Commission.
The members of the Board shall serve without compensation. They
shall make an annual written report of their activities to the Supervisors.
The Board may, if approved by the Supervisors, employ secretarial
assistance, pay salaries and wages and incur other necessary expenses.
[Ord. 68, 11/7/1985, § 6; as amended by Ord. No. 2020-004, 10/6/2020; and by Ord. No. 2021-008, 10/19/2021]
Any person wishing to erect, reconstruct, alter or restore all
or any part of a structure within an historic district which can be
seen from a public street or way must secure a certificate of appropriateness
from the Board of Supervisors before undertaking any work, whether
or not a building permit is required for that work. Any person wishing
to demolish or raze all or any part of a structure anywhere within
an historic district must secure a certificate of appropriateness
from the Board of Supervisors before all or any part of a structure
may be demolished or razed. A certificate of appropriateness shall
not be required for interior changes. Applications for certificates
of appropriateness shall be made to the Building Code Official of
Solebury Township, who will forward them to the Board of Historical
Architectural Review in accordance with the terms of this Part.
[Ord. 68, 11/7/1985, § 7; as amended by Ord. No. 2020-004, 10/6/2020; and by Ord. No. 2021-008, 10/19/2021]
In those situations where a building permit is required, the
Building Code Official of Solebury Township shall not issue a permit
in an historic district for any erection, reconstruction, alteration,
restoration, demolition or razing of a building or structure or for
any other alteration of the property which requires a building permit
until the Supervisors of the Township of Solebury have issued a certificate
of appropriateness.
[Ord. 68, 11/7/1985, § 8; as amended by Ord. No. 2020-004, 10/6/2020; and by Ord. No. 2021-008, 10/19/2021]
Upon receipt of an application for a certificate of appropriateness,
the Building Code Official of Solebury Township shall, within five
days of receipt, forward a copy of the application, together with
a copy of all material filed by the applicant, to the Board of Historical
Architectural Review. The Building Code Official of Solebury Township
shall maintain in his/her office a record of all applications together
with their final disposition, which shall be in addition to and appropriately
cross-referenced to his/her other records.
[Ord. 68, 11/7/1985, § 9]
1.
Upon receipt
by the Review Board of an application for a certificate of appropriateness,
the Review Board shall consider the application at its next regularly
scheduled meeting. The person applying for the certificate shall be
advised of the time and place of the meeting and shall be invited
to attend the meeting to speak for the application. The Review Board
meetings shall be duly advertised and shall be open to the public.
The Review Board shall make a recommendation to the Supervisors within
35 days after its receipt of the application. In the event that the
applicant authorizes, in writing, any extension of time, the thirty-five-day
period shall be increased to the same extent. If the Board fails to
make its recommendation within these time periods, it will be assumed
that the Review Board has no objection to the issuance of a certificate
of appropriateness by the Supervisors.
[Ord. 68, 11/7/1985, § 10]
1.
In determining whether to recommend issuance or denial of issuance
of a certificate of appropriateness, the Review Board will consider
the following:
A.
The effect of the proposed change upon the general historic and architectural
nature of the district.
B.
The appropriateness of exterior architectural features which can
be seen from a public street or way.
C.
The general design, arrangement, texture, material and color of the
building or structure and the relation of such factors to similar
features of buildings or structures in the district.
D.
The term "building" and/or "structure," as used in this Part, shall
include, but not be limited to: fences, walls, signs, carports, porches,
archways and other appurtenances.
[Ord. 68, 11/7/1985, § 11]
If the Review Board, on the basis of the information received
at the hearing, as well as from its general background and knowledge,
decides to recommend against the issuance of a certificate of appropriateness,
it shall first indicate to the applicant what changes in plans and
specifications, if any, could be made in order to receive a recommendation
for approval from the Review Board. If the applicant accepts the suggested
changes, in writing, the Board of Supervisors shall consider that
the Review Board has recommended approval. If the suggested changes
are not accepted in writing, the Board of Supervisors shall consider
that the Review Board has recommended disapproval.
[Ord. 68, 11/7/1985, § 12]
1.
The Review Board, after the hearing provided for in § 11-109 of this Part and after any changes are made in the plans and specifications as provided in § 11-111 of this Part, shall submit to the Board of Supervisors, in writing, its recommendation concerning the issuance or denial of a certificate of appropriateness. The written recommendation shall include the following information:
A.
The exact Tax Map location and street address of the property in
which the work is to be done.
B.
A description of the work to be done.
C.
The general design, arrangement, texture, material and color of the
building or structure and the relationship of such factors to similar
features of buildings or structures in the district.
D.
The specific historical significance of the building or structures
being erected, reconstructed, altered, restored, demolished or razed.
E.
A list of the structures in the area, with their general exterior
characteristics.
F.
The effect of the proposed change upon the general historic and architectural
nature of the district.
G.
The opinion of the Review Board (including any dissent) as to the
appropriateness and general compatibility of the work proposed as
it will affect the character of the district.
H.
The specific recommendation of the Board to the Township Supervisors
as to the issuance or denial of a certificate of appropriateness.
[Ord. 68, 11/7/1985, § 13; as amended by Ord. No. 2021-003, 3/16/2021]
1.
Upon receipt of the written recommendation of the Review Board as provided for in § 11-112 of this Part, the Board of Supervisors of Solebury Township shall consider at the next regular meeting, unless extended by the applicant in writing, the question of issuing a certificate of appropriateness authorizing the performance of work requested in the application. The applicant will be advised by the Township Secretary as to the time and place of that meeting, at which the applicant shall have the right to attend and be heard by the Supervisors. In determining whether or not to grant the requested certificate of appropriateness, the Board of Supervisors shall consider the same factors as governed by the Board of Historical Architectural Review (see § 11-110 of this Part) and the recommendation of that Board. If the Board of Supervisors of Solebury Township approves the application, it shall issue a certificate of appropriateness. If the Board of Supervisors of Solebury Township disapproves, it shall do so in writing within 10 days of its decision, stating its reasons for disapproval. In addition, copies of the disapproval shall be given to the applicant and to the Pennsylvania Historical and Museum Commission. In addition, the disapproval shall indicate what changes in the plans and specifications, if any, could be made in order to receive approval from the Board of Supervisors.
2.
Expiration
of Certificates of Appropriateness.
A.
In those situations where a building permit is issued, pursuant to Township Building Code (Chapter 5, Part 1), which adopts the Uniform Construction Code, including but not limited to, 34 Pa. Code § 403.43(g) and § 403.63(g), within 180 days after the issuance of the certificate of appropriateness for the work requested in the application, the certificate of appropriateness becomes invalid upon the expiration of said building permit.
B.
In those situations where no building permit is required or issued, pursuant to pursuant to Township Building Code (Chapter 5, Part 1), which adopts the Uniform Construction Code, including but not limited to, § 403.43(g) and § 403.63(g), within 180 days after the issuance of the certificate of appropriateness for the work requested in the application, the certificate of appropriateness becomes invalid unless the authorized performance of work begins within 180 days after the issuance of the certificate of appropriateness or if the work authorized by the certificate of appropriateness is suspended or abandoned for 180 days after the work has commenced. Such an applicant may submit a written request for an extension of time to commence work for just cause. The Building Inspector of Solebury Township may grant extensions of time to commence work in writing. Such a certificate of appropriateness may be valid for no more than two years from its issue date.
[Ord. 68, 11/7/1985, § 14]
The applicant may appeal to the Zoning Hearing Board from the
disapproval of a certificate of appropriateness.
[Ord. 68, 11/7/1985, § 15; as amended by Ord. No. 2020-004, 10/6/2020; and by Ord. No. 2021-008, 10/19/2021]
The Building Code Official of Solebury Township, with the approval
of the Board of Supervisors, shall have the power to institute any
proceedings at law or in equity necessary for the enforcement of this
Part or the Act of June 13, 1961, 53 P.S. § 8001 et seq.,
in the same manner as in his/her enforcement of other building, zoning,
or planning ordinances.
[Ord. 68, 11/7/1985, § 16; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 2017-010, 11/21/2017]
This Part applies to all in-kind repair or in-kind replacement
projects, as defined below. The purpose of this Part is to create
more-streamlined procedures for such projects, which typically do
not have major, if any, impacts on the historic character of the district
in question. Streamlined procedures for such projects will help to
preserve and enhance historic district character by providing a lower-cost
and faster means to undertake such projects, preventing the decay
and encouraging upkeep of structures and other historic features in
the Township's historic districts. Procedures specified in this Part
will differ between those projects that require a permit, and therefore
a certificate of appropriateness, and those that do not.
[Ord. 2017-010, 11/21/2017]
1.
IN-KIND REPAIR
IN-KIND REPLACEMENT
Definitions. As used in this part, the following terms shall have
the meanings indicated:
A repair required to fix a deteriorated building or structure
component and that incorporates parts and materials that are exactly
the same as the original in terms of the following nonexclusive ways:
appearance, materials, size, arrangement, proportion, dimensions,
color, and texture.
A replacement of a deteriorated building or structure component
required due to irreversible deterioration and that incorporates parts
and materials that are exactly the same as the original in terms of
the following nonexclusive ways: appearance, materials, size, arrangement,
proportion, dimensions, color, and texture.
2.
Examples of in-kind repairs or in-kind replacements include, but
are not limited to, the following: painting or repainting in the same
color and sheen; screen door repairs involving a new screen, but same
material, shade, detail, and hardware;·in-kind siding repair
or replacement to match original siding in same material, detail,
and color; and/or roof replacement with same material, detail, and
color.
[Ord. 2017-010, 11/21/2017]
1.
The Township shall create application materials for RRIK projects
and shall make the materials and instructions available online and
through the Township's offices.
2.
Applicants for RRIK projects who wish to use the fast-track process
shall contact the Township to discuss whether, preliminarily, the
proposed project may qualify as an in-'kind repair or in-kind replacement.
3.
If an applicant preliminarily qualifies for the fast-track process,
the applicant shall complete the required fast-track application materials
and submit them, along with any other required information, to the
Township's HARB Administrator.
4.
When the HARB Administrator receives a fast-track application, he/she
shall determine whether the application is administratively complete.
If the application is administratively complete, the HARB Administrator
shall notify the applicant and designate two HARB members ("designees")
for review of the application. The HARB Administrator shall also follow
other internal HARB procedures outlined for the fast-track process.
5.
Within five (5) business days of the HARB Administrator receiving
an administratively complete application, the HARB Administrator and
the HARB designees shall review the application and determine if all
required detail has been provided and that the proposed work meets
the RRIK requirements. The reviewers may require additional information,
samples, or colors as necessary to make a determination, and the applicant
shall be required to provide such supplemental information.
6.
Once the HARB Administrator and HARB designees complete review of
the application, they shall determine if the proposed project meets
the RRIK standards.
B.
If the project qualifies as an RRIK and does not require a permit, and therefore a certificate of appropriateness, in accordance with the Municipal Historic District Law (53 P.S. §§ 8001-8006), the HARB Administrator and HARB designees shall decide whether to approve the project. The HARB reviewers shall make that decision within five (5) business days of determining that the project qualifies as an RRIK. If the project is approved, the applicant may immediately undertake the project in accordance with the application materials provided to the Township and all other applicable Township requirements. If the project does not qualify as an RRIK, the HARB reviewers shall inform the applicant that the applicant must follow the standard HARB process under Chapter 11, Part 1 of the Township's Code.
C.
If the project qualifies as an RRIK but requires a permit, and therefore a certificate of appropriateness in accordance with the Municipal Historic District Law, the HARB Administrator and HARB designees shall, consistent with the requirements of §§ 11-110, 11-111, and 11-112 (except for any meeting or hearing requirements), prepare a written recommendation on whether the Board of Supervisors should issue a certificate of appropriateness. Within five (5) business days of determining that the project qualifies as an RRIK, the HARB reviewers shall submit the recommendations to the Board of Supervisors for its consideration. The recommendation for RRIK projects shall not require review by all HARB members prior to submission to the Board of Supervisors. The Board of Supervisors shall then consider the recommendation as outlined under § 11-113.
