No individual, corporation, or other legal entity shall erect,
alter, reconstruct, restore, demolish or raze all or part of any building's
or structure's facade within an historic district in the Borough
without first obtaining a certificate of appropriateness.
Upon receipt of a completed application for a building permit
or a certificate of appropriateness for work to be done in the district,
the District Administrator shall act in accordance with the procedures
being followed by the District Administrator except those procedures
that are modified by the following requirements:
A.
The District Administrator shall determine whether the work proposed
needs to be forwarded to HARB or whether the application can be handled
by the District Administrator.
(1)
Any application which consists solely of in-kind repair and/or replacement
shall be reviewed and approved by the District Administrator. The
application will be forwarded to the Zoning Officer and the Building
Inspector for appropriate action.
(2)
If an application involves both items that should be handled by the
District Administrator and the HARB, then the District Administrator
shall forward the application to the HARB.
(3)
In-kind repair and/or replacement refers to work completed with the
identical materials, design, dimensions, colors, and configuration
of any architectural features that currently exist on the structure.
(4)
A list of specific in-kind repair and/or replacement activities and
materials may be adopted by resolution of Borough Council from time
to time.
B.
If an application must be handled by the HARB, the District Administrator
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. Incomplete applications shall be returned
to the applicant.
C.
Except as stated above, the District Administrator 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 Borough Council has issued a certificate of appropriateness.
If the District Administrator 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.
D.
The District Administrator 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 § 349-18 will be available.
E.
The District Administrator shall maintain in his office a record
of all such applications and final dispositions of the same.
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, which shall meet within 30 days of receipt by the
Borough of a completed application.
The owner of record, or his or her representatives, 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.
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 §§ 3499-9
and 349-10, and such design guidelines developed by the HARB pursuant
to and congruent with the objectives of this chapter.
HARB shall render a decision and recommendation on any application for a building permit under its review no later than 30 business days after the final hearing/meeting provided for in § 349-7 of this chapter and shall submit, in writing, to the Borough Council recommendations concerning the issuance of a certificate of appropriateness.
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
Borough Council accordingly.
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:
A.
The exact location of the area in which the work is to be done.
B.
The exterior changes to be made or the exterior character of the
structure to be erected.
C.
A list of the surrounding structures with their general exterior
characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the district.
E.
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
F.
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.
G.
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.
H.
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.
Upon receipt of the written report from HARB as provided in § 349-17 of this article, 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 Manager 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 said application.
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 §§ 349-9 and 349-10 of this chapter and the report of the Board.
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.
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. 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.
In either case of approval or disapproval, the Borough shall
notify the applicant of its decision within five business days of
its meeting at which the application was considered.
