A.
This Historical Architectural Review Overlay District ordinance is enacted in order to preserve Historical Districts in Cheltenham Township, 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.
Further, this article is enacted pursuant to the Municipalities Planning
Code of the Commonwealth of Pennsylvania, Section 603(g), which provides
that: "zoning ordinances shall provide for protection of natural and
historic features and resources."
C.
It is also the purpose and intent of this chapter to protect and
enhance the special character and historic interest of the Historical
Districts in Cheltenham Township in the interest of the health, prosperity,
safety, and welfare of the people. The additional purpose of this
chapter is to:
(1)
Accomplish the protection and enhancement of designated Historical
Districts which reflect the Township's cultural, social, economic,
political, and architectural history;
(2)
Safeguard the Township's historic and cultural heritage as embodied
within the Historical Districts;
(3)
Prevent exterior alterations of buildings within Historical
Districts which compromise historical integrity;
(4)
Encourage preservation, restoration, and rehabilitation of structures
and spaces within the Historical Districts;
(5)
Promote appreciation of historic properties for the education
and enjoyment of local residents and visitors;
(6)
Encourage beautification and private investment in the Township's
historic building stock to enhance the visual character of the community;
(7)
Stabilize and improve property values;
(8)
Foster civic pride in the history and architectural integrity
of the Historical Districts; and
(9)
Promote the interests of the business community by requiring
preservation, restoration and rehabilitation of commercial properties
to create and maintain prosperous business centers within the Historical
Districts.
A.
ADDITION
ALTERATION
ARCHITECTURAL FEATURE
BUILDING
CERTIFICATE OF APPROPRIATENESS (COA)
DEMOLITION
(1)
(2)
DEMOLITION BY NEGLECT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISAPPROVAL
HISTORICAL DISTRICT
PRESERVATION
RECONSTRUCTION
REHABILITATION
REPAIR
REPLACEMENT
RESTORATION
SECRETARY OF THE INTERIOR'S STANDARDS
SITE
STRUCTURE
For the purposes of this article, the following terms shall have
the meanings indicated:
The enlargement of any structure which changes the exterior
appearance of any elevation or roofline of that structure.
Any addition to or reduction of a building, alteration of
the external architectural features of any facade of a building, or
any change in man-made landscape structures (such as a wall, fence,
trellis, or similar) within a designated Historical District.
Any element or resource of the architectural style, design
or general arrangement of a structure that is visible from the outside,
including, but not limited to, the style and placement of all windows,
doors, cornices, brackets, porch spindles, railings, shutters, the
roof, type, color and texture of the building materials, signs and
other decorative and architectural elements.
A structure intended for human or animal habitation, occupancy,
and/or use.
Document issued by the Board of Commissioners, following
a prescribed review procedure, certifying that the proposed actions
by an applicant related to rehabilitation, renovation, alteration,
or demolition work are found to be acceptable in terms of design criteria
relating to an individual property within an Historical District,
pursuant to the criteria enumerated in this article.
Any of the following:
The razing, removal, or demolition of an entire building, structure
or site; or
The razing, removal, or demolition of any of the following, if, in any such case in this Subsection (2), in the determination of the BHAR or the Public Works Committee of the Board of Commissioners, such razing, removal or demolition will negatively and materially impact the structural, historic or architectural integrity of the building, structure or site:
The absence of routine maintenance and repair which creates,
in the opinion of the Zoning Officer, a reasonable possibility that
the condition will lead to a building, structure, object or site's
inability to be rehabilitated or reused due to structural weakness,
decay, and/or deterioration. Such a condition, whether or not as a
result of negligence or willful neglect, purpose or design, by the
owner or any party in possession thereof, may be evidenced by one
or more of the following conditions:
Facades which may fall and injure members of the public or property;
Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical structural
member supports;
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective materials
or deterioration;
Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken windows or doors;
Defective or insufficient water protection for exterior wall
coverings, including lack of paint, or weathering due to lack of paint
or other protective covering;
Any fault or defect in the building, structure, object or site
which renders it not properly watertight or structurally unsafe;
Leaving a building, structure, object or site vulnerable to
decay by the elements or vulnerable to actual or potential vandalism;
Appearance of graffiti or other signs of vandalism; or
Any other condition which the Township Zoning Officer determines
as evidence that there is a reasonably significant possibility that
the condition will lead to a building, structure, object or site's
inability to be rehabilitated or reused.
Remedies under Subsection (1)(a) through (i) above may be enforced hereunder and/or under all applicable property maintenance ordinances, including the International Property Maintenance Code, International Fire Code, International Building Code, Nuisances, and the Vacant Building Registry Ordinance.[1]
The written rejection of an application for work that is
determined to be inappropriate due to the fact that it adversely impacts
a building, structure or site within an Historical District and/or
adversely impacts the distinctive historical character of the district.
An area established by the Township and having defined geographic
boundaries, with a significant concentration, linkage, or continuity
of sites, buildings, or structures united historically or aesthetically
by plan, appearance, or physical development. The designation "Historical
District" recognizes that the component historic buildings, structures,
accessory buildings, fences, or other appurtenances of the district
are of basic and vital importance for the preservation of the neighborhood
and its culture.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of a building, structure
or site in an Historical District. Work, including preliminary measures
to protect and stabilize the property, generally focuses upon the
ongoing maintenance and repair of historic materials and features
rather than extensive replacement and new construction.
The act or process of reproducing, by means of new construction,
the form, features, and detailing of a nonsurviving site, landscape,
building, structure, or object for the purpose of replicating its
appearance at a specific period of time and/or in its historic location.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features which convey its historical, cultural,
or architectural values.
The act of restoring a decayed or damaged portion of a building,
structure or site in an Historical District to a sound condition.
The act of replicating any exterior architectural feature
in order to substitute for an existing deteriorated or extensively
damaged architectural feature.
The act or process of accurately reproducing the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period that is selected.
The publication issued by the United States Department of
the Interior, National Park Service, entitled: "The Secretary of the
Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings," (2017) as updated and amended from time to time.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains; or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object if the location itself
possesses historic, cultural, or archeological significance.
For the purposes of this article, "structure" shall mean:
a construction for the purposes of occupancy, use or ornamentation,
having a fixed location, above or below the surface of land. Structures
include, but are not limited to, buildings, flagpoles, fences, gazebos,
pergolas, canopies, freestanding signs, permanent signs, walls, paved
parking areas, driveways, wireless communications facilities and wireless
supports.
[Amended 1-23-2019 by Ord. No. 2380-19; 6-19-2019 by Ord. No. 2385-19]
A.
Applicability. The Historical Architectural Review Overlay District is defined and established to be an overlay upon all lots within the duly established Historical Districts, as defined in § 295-1802B below. The regulations of this article shall apply to all lots in this Overlay District, and shall apply cumulatively and in addition to the provisions of the underlying zoning district and all other applicable provisions of this chapter. No lot shall hereafter be improved, and no building or structure shall hereafter be erected, reconstructed, altered or restored, relocated, razed or demolished, in whole or in part, unless and until the provisions of this article are satisfied.
B.
Boundaries of Historical Districts. The boundaries of the mapped
Historical Districts shall be as follows:
(1)
La Mott Historical District. All that certain area delineated
as Historical La Mott on the La Mott Historical District Map situated
in the Township bounded on the east by Old York Road, on the west
by Penrose Avenue, on the north by Beech Avenue and on the south by
Cheltenham Avenue.
(2)
Wyncote Historical District. All that certain area delineated
as Historical Wyncote on the Wyncote Historical District Map beginning
at the most northerly point of the district, approximately 1,140 feet
north of the intersection of Greenwood Avenue and Glenside Avenue,
thence (following the irregularly shaped northern boundary of the
Ralph Morgan Park) southerly 182 feet, thence southwesterly 112 feet,
thence northwesterly 41 feet, thence southeasterly 72 feet, thence
westerly 182 feet, crossing Glenside Avenue, thence southwesterly
approximately 75 feet along the northwest property line of 412 Glenside
Avenue, thence southeasterly approximately 145 feet along the southeast
property line of said property, thence southwesterly approximately
450 feet along the rear of properties on the north side of Woodland
Road (numbers 111, 119, 121 and 127), thence turning in a more southerly
direction along the rear of properties on the northwest side of Woodland
Road (numbers 127, 131, 133, 139, 141 and 143), thence easterly 150
feet along the southeast property line of 143 Woodland Road, thence
southwesterly 200 feet along Woodland Road, thence turning northwesterly
150 feet along the northeast property lines of 203 and 205 Greenwood
Avenue, thence turning southeasterly 293 feet along the rear of properties
at 207, 209 and 211 Greenwood Avenue, thence turning southeasterly
approximately 130 feet along the southeast property line of 211 Greenwood
Avenue to meet Greenwood Avenue, thence the boundary line continues
southeasterly approximately 1,575 feet along the south side of Greenwood
Avenue, thence turning southeasterly approximately 825 feet along
the rear of properties on the west side of Greenwood Place (numbers
13, 12, 11 and 10), thence turning southerly approximately 425 feet
along the southwest property lines of the rear of properties on the
west side of Bent Road (numbers 337 and 343) and 243 feet along the
southwest property line of 1221 Church Road, thence turning easterly
approximately 1,300 feet along the north side of Church Road, thence
turning northeasterly approximately 200 feet along the rear of property
on the southeast corner of Accomac Road and Church Road, thence turning
northwesterly approximately 160 feet along the northeast border of
said property, crossing Accomac Road, and continuing along the northeast
property line of 8100 Accomac Road, thence turning southerly approximately
75 feet along the rear of this property, thence turning westerly approximately
200 feet on the northeast border of 350 Bent Road, thence turning
northeasterly approximately 500 feet along the front property lines
of 343, 337, 335 and 333 Bent Road, thence turning southeasterly approximately
140 feet along the rear southeastern property line of 322 Bent Road,
crossing Accomac Road, thence turning northeasterly approximately
150 feet along the southeastern property line of 140 Accomac Road,
thence turning northwesterly approximately 70 feet along the rear
of property line of 410 Accomac Road, thence turning northwesterly
approximately 225 feet along the rear northeast property lines of
406 Accomac Road and 308 Bent Road, thence turning northeasterly approximately
150 feet along the rear southeast borders of 304 and 300 Bent Road,
crossing Kent Road, and continuing along the east property lines of
the Calvary Presbyterian Church and 213, 209, 205 and 201 Fernbrook
Avenue. At the intersection of Fernbrook Avenue and Maple Avenue,
the boundary line continues southeasterly along the northeast side
of Maple Avenue, bordering the southwest property lines of 211 Maple
Avenue and 135 and 132 Webster Avenue, thence turning northeasterly
approximately 1,300 feet along the rear south property lines of houses
on the south side of Webster Avenue (numbers 132 to and including
100 Webster Avenue) to the intersection of Glenside Avenue and Webster
Avenue, thence Avenue to the intersection of Greenwood Avenue and
Glenside Avenue, crossing over Greenwood Avenue to the northwest corner
of this intersection, thence turning easterly along the north border
of the bridge overpass, approximately 425 feet to the point of boundary
between Cheltenham Township and Jenkintown Borough, at the intersection
of Summit Avenue and Township Line Road, thence northwesterly along
the boundary line separating Cheltenham Township from Jenkintown Borough,
a distance of approximately 655 feet, thence turning approximately
90° and continuing along the boundary line separating Cheltenham
Township from Jenkintown Borough in a northeasterly direction, a distance
of approximately 130 feet through Ralph Morgan Park to the railroad
property boundary line, thence proceeding in a northerly direction
to meet the most northerly point of Ralph Morgan Park, the place of
beginning.
A.
Each applicant for a permit which would authorize any of the acts
outlined herein within one of the two Historical Districts within
the Historical Architectural Review Overlay District shall first have
the plans and specifications reviewed by the BHAR of the Historical
District in which the project is located. So that the unique character
and value of the Historical Districts of Cheltenham Township shall
not be impaired, the BHAR shall recommend issuance of permits only
if it finds that the application meets the standards set forth in
the latest edition of the Secretary of the Interior's Standards for
Rehabilitation.
(1)
Alteration, erection, reconstruction, restoration, relocation,
or demolition of buildings or structures within designated historical
districts. In order to promote the cultural, economic, educational
and general welfare through the preservation and protection of historic
places and areas of unique and historic interest in the Township of
Cheltenham, no building or structure within designated Historical
Districts shall hereafter be altered, erected, reconstructed, restored,
demolished in whole or in part, or relocated unless and until an application
for a certificate of appropriateness (referred to herein as COA) is
reviewed by the Board of Historical Architectural Review (BHAR) created
for such Historical District and approved by the Public Works Committee
of the Board of Commissioners. In its review, the BHAR shall consider
the effect which the proposed change will have upon the general historic
and architectural nature of the district, the general design, arrangement,
texture, material and color of the building or structure, the relation
of such factors to similar features of buildings and structures in
the district and the appropriateness of exterior architectural features
found on any elevation or roof of a building.
(2)
Erection of new structures and improvements of vacant ground
within designated historical districts. No new buildings or structures
shall be erected and no improvements shall be made to existing vacant
ground in an Historical District unless and until an application for
a COA is reviewed by the BHAR created for such district, and approved
by the Public Works Committee of the Board of Commissioners.
(3)
Land developments and subdivisions of land within designated
historical districts. No lot shall be improved or subdivided within
a designated Historical District unless and until an application for
a COA is reviewed by the BHAR.
[Amended 4-20-2022 by Ord. No. 2436-22; 12-21-2022 by Ord. No. 2448-22]
A.
Creation; membership.
(1)
For the purpose of making effective the provisions of this article,
there is hereby created in the Township a board to be known as the
"Board of Historical Architectural Review." The Board of Historical
Architectural Review (BHAR) is an advisory board which makes recommendations
on applications, pursuant to this article, to the Building and Zoning
Committee of the Board of Commissioners.
(2)
The Board of Commissioners shall appoint members to the BHAR,
of whom one shall be designated to serve until the first day of January
following the adoption of this article, four until the first day of
the second January thereafter, two until the first day of the third
January thereafter and two until the first day of the fourth January
thereafter. Their successors shall be appointed on the expiration
of their respective terms to serve four years.
(3)
The members of the BHAR shall serve at the pleasure of the Board
of Commissioners. Vacancies shall be filled for the unexpired term
of any member whose term becomes vacant.
(4)
Membership of the Board of Historical Architectural Review.
The Board of Historical Architectural Review shall consist of the
following representatives, all of whom shall be residents of Cheltenham
Township, except as noted in Subsection A4(c) below:
(a)
One member who is a registered architect, preferably a resident
of either the La Mott or Wyncote Historical District.
(b)
One member who is a real estate broker, preferably a resident
of either the La Mott or Wyncote Historical District.
(c)
The Township's Building Inspector or an approved representative
who may or may not be a resident of the Township (from the Department
of Planning and Zoning and/or Building and Codes).
(d)
Five members of the public, preferably including at least two
residents of the La Mott Historical District and at least two residents
of the Wyncote Historical District.
(e)
One member of the Historical Commission.
(f)
The terms of the nonpublic members shall be concurrent with
their respective terms as members of the represented governmental
agency or profession.
B.
Powers and Duties of the board of historical architectural review.
The BHAR shall have the following powers and duties with respect to
all ground, building and structures within its district(s):
(1)
To recommend to the Building and Zoning Committee of the Board
of Commissioners parcels of vacant ground necessary to preserve and
protect within the Historical District(s).
(2)
To opine on the advisability of issuing certificates of appropriateness
relative to the alteration, erection, reconstruction, restoration,
relocation, or demolition, in whole or in part, of any building or
structure in said Historical District(s).
(3)
To recommend to the Building and Zoning Committee of the Board
of Commissioners such changes in the Historical District(s) that will
promote the cultural, economic, and general welfare of said district(s).
(4)
To recommend to the Building and Zoning Committee of the Board
of Commissioners appropriate actions to take on proposed subdivision/land
developments wholly or partly located within said Historical District(s).
C.
Conflicts of interest. It shall be the duty of each BHAR member to
remain conscious of and sensitive to any actual or perceived conflict
of interest, including, but not limited to, financial interests and/or
personal or professional affiliations with an applicant that may arise
by virtue of their membership on the BHAR. A member of the BHAR, promptly
upon determination of a conflict relative to a matter brought before
the BHAR, shall recuse themselves from participating, publicly or
privately, in the discussion, or deliberation of and the voting on
such matter.
[Amended 4-20-2022 by Ord. No. 2436-22]
The Building and Zoning Committee shall be responsible for reviewing
and taking action regarding application for projects, approving or
disapproving the issuance of a certificate of appropriateness.
[Amended 4-20-2022 by Ord. No. 2436-22]
When considering an application for a certificate of appropriateness
for new construction, alteration, erection, reconstruction, restoration,
relocation or demolition of any project located within the Historical
Architectural Review Overlay District, the BHAR, and the Building
and Zoning Committee, shall use the latest edition of the Secretary
of the Interior's Standards for Rehabilitation, which are hereby adopted
by reference, as the basis for determining the recommendations of
approval or disapproval of an application.
A.
Certificate of appropriateness review procedures for: alteration,
erection, reconstruction, or restoration of buildings or structures
within designated Historical Districts; erection of new structures
and improvements of vacant ground within designated Historical Districts;
land developments and subdivisions of land within designated Historical
Districts:
(1)
Prior to submission of a permit application, land development
application, or subdivision application for any proposed work listed
above within an Historical District, the applicant shall provide the
following information, plans, photographs, and other supporting materials
to the Cheltenham Township Department of Planning and Zoning:
(a)
Certificate of appropriateness application.
(b)
Copy of deed showing ownership of property.
(e)
Samples or catalog cuts of any new materials to be used.
(f)
Any additional information deemed necessary by the BHAR, in
order to make a sound decision, after an initial consultation or review.
(g)
A signed letter of authorization permitting a designated representative
to present the project on behalf of the applicant, if applicable.
(2)
The Cheltenham Township Department of Planning and Zoning shall
notify the applicable Board of Historical and Architectural Review
(BHAR) that a complete application for a certificate of appropriateness
for work proposed in its designated Historical District has been filed
with the Township. The Township shall notify the applicant of the
time and place of the next BHAR meeting when the application will
be discussed.
(3)
The applicant, or designated representative, shall appear to
explain and present the application to the applicable BHAR. If the
applicant, or designated representative, does not attend the scheduled
meeting, the application shall be tabled and will be heard at the
next regularly scheduled meeting of the BHAR. If the applicant, or
designated representative, does not attend the second scheduled meeting,
without prior consent and approval from the Director of the Department
of Planning and Zoning, the BHAR can recommend disapproval of the
application.
(4)
The BHAR shall review the materials submitted by the applicant,
using the criteria set forth herein, and either table the discussion
or forward their recommendation for approval or disapproval to the
Building and Zoning Committee of the Board of Commissioners of Cheltenham
Township for consideration at its next regularly scheduled meeting.
The BHAR, on the basis of the information received at the meeting
and from its general background and knowledge, shall indicate to the
applicant the changes in plans and specifications, if any, which,
in the opinion of the BHAR, would protect the distinctive historical
character of the district and justify the granting of a certificate
of appropriateness. If the BHAR recommends approval or disapproval
of the application, it shall do so in writing and a copy outlining
the recommendation for approval or disapproval shall be provided to
the applicant.
[Amended 4-20-2022 by Ord. No. 2436-22]
(5)
Upon receipt of the recommendation of the BHAR, the Building
and Zoning Committee of the Board of Commissioners of Cheltenham Township
shall review the application for a certificate of appropriateness
at its next regularly scheduled meeting and shall make a determination
of approval or disapproval. If the Building and Zoning Committee approves
the application, with or without conditions, the Township shall issue
a COA to the applicant for the work covered by the application.
[Amended 4-20-2022 by Ord. No. 2436-22]
(6)
Upon receipt of an approved certificate of appropriateness,
the applicant may then submit a building permit application, including
the COA, to the Cheltenham Township Department of Planning and Zoning
for processing.
(7)
If the Building and Zoning Committee disapproves the COA for
the work covered by the application, it shall do so in writing. A
disapproval shall be promptly confirmed, in writing, at a subsequent
meeting of the Board of Commissioners and copies shall be given to
the applicant and to the Pennsylvania Historical and Museum Commission.
The disapproval shall indicate what changes in the plans and specifications
would satisfy the conditions for protecting the distinctive historical
character of the district. Upon receipt of the written disapproval
of the Board of Commissioners, the Director of Planning and Zoning
shall disapprove the application for a building permit and so advise
the applicant. The applicant may appeal the disapproval as provided
by law.
[Amended 4-20-2022 by Ord. No. 2436-22]
(8)
The Township shall be responsible for notifying all property
owners within 500 feet in all directions of the designated site of
the BHAR applications. The Township will be responsible for notifying
local historical groups at least 30 days prior to public review of
the application by the Board of Commissioners so that the aforementioned
groups may have the opportunity to provide advisory comments regarding
the application.
B.
Certificate of appropriateness review procedure for demolition or
relocation of a building or structure within an Historical District:
(1)
Prior to submission of a permit application for the relocation
or demolition, in whole or in part, of any building and/or structure
within an Historical District, the applicant shall provide the following
information, plans, photographs, and other supporting materials to
the Cheltenham Township Department of Planning and Zoning:
(a)
Certificate of appropriateness application.
(b)
Copy of deed showing ownership of property.
(e)
Samples or catalog cuts of any new materials to be used.
(f)
Any additional information pursuant to a determination of economic hardship, as per § 295-1812C below.
(g)
Any additional information deemed necessary by the BHAR, in
order to make a sound decision, after an initial consultation or review.
(h)
A signed letter of authorization permitting a designated representative
to present the project on behalf of the applicant, if applicable.
(2)
The Cheltenham Township Department of Planning and Zoning shall
notify the applicable Board of Historical and Architectural Review
(BHAR) that a complete application for a certificate of appropriateness
for work proposed in its designated Historical District has been filed
with the Township. The Township shall notify the applicant of the
time and place of the next BHAR meeting when the application will
be discussed.
(3)
The applicant, or designated representative, shall appear to
explain and present the application to the applicable BHAR. If the
applicant, or designated representative, does not attend the scheduled
meeting, the application shall be tabled and will be heard at the
next regularly scheduled meeting of the BHAR. If the applicant, or
designated representative, does not attend the second scheduled meeting,
without prior consent and approval from the Director of the Department
of Planning and Zoning, the BHAR can recommend disapproval of the
application.
(4)
In determining whether the preservation of the building or buildings
is feasible, the following shall be considered:
(a)
Whether the building or buildings is representative of a specific
period of significance that is integral to the Township's history.
(b)
Whether the building or buildings can be preserved by protecting
its location from disturbance.
(c)
Whether measures, such as rehabilitation, reuse, or restoration
can result in preservation of the structure.
(d)
Whether the steps necessary to preserve the building or buildings are feasible and do not create an economic hardship, in a determination pursuant to § 295-1812 below.
(e)
Whether the measures taken to preserve the building are long
term in nature.
(5)
In determining whether preservation of the building or buildings
at another location is feasible, the following shall be considered:
(a)
Whether the building or buildings can be moved and still retain
its historic significance.
(b)
Whether the building or buildings are stable enough to permit
relocation.
(c)
Whether it is feasible and practical to relocate the building or buildings without creating an economic hardship, in a determination pursuant to § 295-1812 below.
(d)
Whether relocation would result in the long-term preservation
of the building or buildings.
(6)
The BHAR shall review the materials submitted by the applicant,
using the criteria set forth above, and either table the discussion
or forward their recommendation for approval or disapproval to the
Building and Zoning Committee of the Board of Commissioners of Cheltenham
Township for consideration at its next regularly scheduled meeting.
The BHAR, on the basis of the information received at the meeting
and from its general background and knowledge, shall indicate to the
applicant the changes in plans and specifications, if any, which,
in the opinion of the BHAR, would protect the distinctive historical
character of the district and justify the granting of a certificate
of appropriateness. If the BHAR recommends approval or disapproval
of the application, it shall do so in writing and a copy outlining
the recommendation for approval or disapproval shall be provided to
the applicant.
[Amended 4-20-2022 by Ord. No. 2436-22]
(7)
Upon receipt of the recommendation of the BHAR, the Building
and Zoning Committee of the Board of Commissioners of Cheltenham Township
shall review the application for a certificate of appropriateness
at its next regularly scheduled meeting and shall make a determination
of approval or disapproval. If the Building and Zoning Committee approves
the application, with or without conditions, the Township shall issue
a COA to the applicant for the work covered by the application.
[Amended 4-20-2022 by Ord. No. 2436-22]
(8)
Upon receipt of an approved certificate of appropriateness,
the applicant may then submit a building permit application, including
the COA, to the Cheltenham Township Department of Planning and Zoning
for processing.
(9)
If the Building and Zoning Committee disapproves the COA for
the work covered by the application, it shall do so in writing. Disapproval
shall be promptly confirmed, in writing, at a subsequent meeting of
the Board of Commissioners, and copies shall be given to the applicant
and to the Pennsylvania Historical and Museum Commission. The disapproval
shall indicate what changes in the plans and specifications would
satisfy the conditions for protecting the distinctive historical character
of the district. Upon receipt of the written disapproval of the Board
of Commissioners, the Director of Planning and Zoning shall disapprove
the application for a building permit and so advise the applicant.
The applicant may appeal the disapproval as provided by law.
[Amended 4-20-2022 by Ord. No. 2436-22]
(10)
The procedures required above for the granting of a permit for
demolition or relocation of a building or structure within the Historical
District may be suspended in cases where the property has been determined
to be imminently dangerous, as determined by the Department of Planning
and Zoning and the Fire Marshal. In the case of an imminently dangerous
building or structure, the Department and the Fire Marshal shall first
consider the use of barriers, bracing and/or other alternatives to
razing the building or structure. If time permits, the Department
and the Fire Marshal shall consult with the Township Manager and,
if feasible, the Board of Commissioners, in an emergency meeting.
The Township shall be responsible for notifying all property owners
within 500 feet of the designated site of the demolition/relocation
application.
(11)
The Township shall be responsible for notifying all property
owners on the same street within 500 feet of the designated site of
the demolition/relocation application and all property owners not
on the same street but within 150 feet of the designated site. The
Township will be responsible for notifying the Township Historical
Commission at least 30 days prior to public review of the application
by the Board of Commissioners so that the aforementioned group may
have the opportunity to provide advisory comments regarding the application.
(12)
In the case of a building or structure located within an Historic
District that is significantly damaged by a natural disaster or any
other occurrence beyond the control of the owner, it shall be the
burden of the applicant to prove that the building or structure is
uninhabitable or unsafe and that demolition is the only viable option.
In addition, the applicant shall follow all applicable regulations
and standards contained in this chapter.
A.
The Township shall have 120 calendar days to act on a complete application
for a certificate of appropriateness, from the date the application
is deemed complete by the Township. If no action has been taken after
120 days, such application shall be deemed to have been approved;
and the issuance of any permit dependent upon the certification or
appropriateness shall be so authorized by the Township. This time
limit may be waived at any time by mutual consent of the applicant
and the Board of Historical and Architectural Review or Cheltenham
Township Board of Commissioners.
A.
Any certificate of appropriateness issued pursuant to the provisions
of this article shall expire 24 months from the date of issuance,
except that, under the following circumstances, the COA shall continue
to be in effect:
A.
COA not required.
[Amended 1-23-2019 by Ord. No. 2380-19]
(1)
A COA is not required for the routine
repair, maintenance or replacement in kind of any exterior elements
or features of any building or structure, in whole or in part, within
an Historical District. "Replacement in kind" refers to equal in construction
characteristics, including material, size, configuration, profile,
appearance, texture, color and method of installation with conforming
lines, levels and planes.
(2)
A COA is also not required for alteration,
collocation or replacement of antennas, accessory equipment or wireless
telecommunications facilities of an existing wireless communications
facility including the addition of new equipment to an existing wireless
communications facility.
B.
In order to obtain a ruling regarding whether a proposed project
is considered to be a routine repair or maintenance or replacement
in kind, applicants shall complete a certificate of appropriateness
application, indicating the extent of repair or maintenance or replacement
in kind and the specifications of the proposed undertaking. As part
of the application for exemption to the certificate of appropriateness
procedures, attachments and detailed photographs documenting the element
or feature included in the proposed project shall be submitted with
the BHAR application for review by the Director of Planning and Zoning.
The Director of Planning and Zoning will then make a determination
whether the proposed repair or maintenance or replacement is in kind
and whether the submission is sufficiently complete to forgo the COA
procedure. The Director of Planning and Zoning shall keep records
of all applications for exceptions to the COA procedure and provide
a report, including the property address and scope of work, of such
approved exceptions to the appropriate BHAR at the first official
meeting following the exception.
C.
If the Director of Planning and Zoning makes a determination that
the proposed work is routine repair or maintenance or replacement
in kind, the applicant may then make application for a building permit.
If the Director of Planning and Zoning makes a determination that
the proposed work is not routine repair or maintenance or replacement
in kind, the certificate of appropriateness application of the applicant
will be placed on the agenda of the appropriate BHAR meeting.
D.
Annually the Director of Planning and Zoning shall prepare a summary
report, including the property address and scope of work, of all exceptions
to the COA procedure for the prior two years, and distribute said
report to all members of the BHAR and the Board of Commissioners on
an annual basis during the month prior to the month of adoption of
this section.
If the Township issues a permit for the demolition or relocation
of a building or structure located within an Historical District,
the Board of Commissioners shall require the applicant to provide
documentation of the building, structure or site proposed for demolition.
Such documentation may include photographs, floor plans, copies of
deeds, scaled site plans, archeological survey, summary descriptions,
maps, and any other comparable form of documentation stipulated by
the Board of Commissioners, in order to provide a record of the property
for future generations. Copies of documentation shall be provided
to the Township Office of Planning and Zoning, the Cheltenham Township
Historical Commission, and to any other research institution or document
repository deemed appropriate by the Board of Commissioners.
A.
No COA involving a claim of economic hardship shall be recommended
by the BHAR, nor approved by the Building and Zoning Committee of
the Board of Commissioners issued by the Township unless the applicant
provides evidence of and the Building and Zoning Committee finds that
all the following conditions are true:
[Amended 4-20-2022 by Ord. No. 2436-22]
(1)
The property is incapable of earning a reasonable return in
its current or rehabilitated state, regardless of whether the return
represents the most profitable return possible.
(2)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which will result in a reasonable
return.
(3)
Earnest and reasonable efforts to find a purchaser interested
in acquiring the property and preserving have failed.
B.
Demonstration of an economic hardship shall not be based on or include
any of the following circumstances:
(1)
Willful or negligent acts by the owners;
(2)
Purchase of the property for substantially more than market
value;
(3)
Failure to perform normal maintenance and repairs;
(4)
Failure to diligently solicit and retain tenants;
(5)
Failure to provide normal tenant improvements;
(6)
Failure to accept an offer of purchase of the property at fair
market value.
C.
Procedure for establishing economic hardship. In a case where an applicant intends to seek a COA for demolition or relocation on the basis of economic hardship, the following material shall be submitted as part of the application, in addition to those required in § 295-1807B above:
(1)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture, or other method;
(2)
The amount paid for the property, the date of purchase and the
party from whom purchased, including a description of the relationship,
if any, between the owner and the person from whom the property was
purchased;
(3)
Remaining balance on any mortgage or other financing secured
by the property;
(4)
Estimated market value of the property both in its current condition
and after completion of the proposed demolition, relocation, or removal
to be presented through an appraisal by a qualified professional expert;
(5)
A report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of the structure
and its suitability for rehabilitation;
(6)
An estimate from an architect, developer, real estate consultant,
appraiser, or other real estate professional experienced in rehabilitation
as to the economic feasibility or reuse of the existing structure
on the property;
(7)
The assessed value of the land and improvements thereon according
to the two most recent assessments;
(8)
Real estate taxes for the previous two years;
(9)
Annual debt service, if any, for the previous two years;
(10)
All appraisals obtained within the previous two years by the
owner or applicant in connection with his purchase, financing or ownership
of the property;
(11)
All listing of the property for sale or rent, price asked and
offers received, if any; and
(12)
Any consideration by the owner as to profitable adaptive uses
for the property.
Demolition by neglect shall be a violation of the provisions
of this article and shall be subject to the violation provisions and
penalties provided for in the Cheltenham Township Zoning Code. In
addition, unoccupied buildings within an Historical District shall
be tightly sealed, weatherproofed, fenced or otherwise protected,
and their utilities shall be shut off for safety, violation of which
shall be subject to the violation provisions and penalties of the
Cheltenham Township Zoning Code.
Failure to secure a certificate of appropriateness, when required,
previous to the erection, reconstruction, alteration, restoration,
relocation, or demolition of a building or structure within the Historical
Architectural Review Overlay District shall be subject to the violation
provisions and penalties of the Cheltenham Township Zoning Code.
Immediately upon the adoption of this article, the Township Manager shall forward a certified copy thereof to the Pennsylvania Historical and Museum Commission. This article shall not take effect until the Pennsylvania Historical and Museum Commission has certified, by resolution, to the historical significance of the La Mott and Wyncote Historical Districts, as defined in § 295-1802B herein. The provisions of this article shall in no way affect or nullify the existing Zoning Ordinances relative to the Zoning Districts in which the Historical Architectural Review Overlay Districts established in this article are situated.
The Board of Commissioners may, from time to time, upon a certifying
resolution of the Pennsylvania Historical and Museum Commission, certify
additional Historical Districts to be included under this Historical
Architectural Review Overlay District as provided for by law.
[Added 1-23-2019 by Ord. No. 2380-19]
The definitions set forth in Article XXXII: Wireless Supports and Communications Facilities of this chapter are hereby incorporated by reference in this article as though set forth at length herein.
[Added 1-23-2019 by Ord. No. 2380-19; amended 6-19-2019 by Ord. No. 2385-19]
Notwithstanding any provision or term set forth in this article to the contrary, and to the fullest extent permitted by the Wireless Broadband Collocation Act of 2012, 53 P.S. § 11702.1, as amended, and any other legislative enactment subsequent to this article, new wireless communications facilities and wireless supports are prohibited within the Historic Districts of Cheltenham Township, as established under this chapter, except by special exception granted by the Zoning Hearing Board and by requirements for a certificate of appropriateness established under this chapter. The criteria for granting a special exception are those set forth in Code § 295-3209 which are incorporated herein by reference as though set forth at length herein and the additional standards and criteria set forth in Code §§ 295-3210 through 295-3215 for tower-based wireless supports, for tower-based wireless supports located outside of the right-of-way, for tower-based wireless supports in the right-of-way, for nontower wireless supports, for nontower wireless supports located outside of rights-of-way and for non-tower-based wireless supports in the right-of-way, as applicable, in Article XXXII: Wireless supports and communications facility of this chapter as well as the following additional standards and criteria:
A.
The
Zoning Hearing Board shall only grant a special exception upon proof
by the applicant, by a preponderance of the evidence, that a substantial
gap in telecommunications coverage and capacity for the applicant
would exist but for the granting of the special exception as well
as proof, by a preponderance of the evidence, that lesser, visually
intrusive facilities, for example, by colocation, stealth technology
or other alternatives, are not feasible.
