A. 
The HARB, in determining the recommendations to be made to Council concerning any certificate of appropriateness, and Council, in determining whether to approve or deny a certificate of appropriateness, shall consider all of the following:
(1) 
Only those matters that are pertinent to the preservation of the historical and/or architectural aspect and nature of the building, structure, sign, site, area or Historic District;
(2) 
The effect which the proposed change will have upon the general historic and architectural nature of the Historic District;
(3) 
The financial feasibility criteria of this chapter;
(4) 
The general design, arrangement, texture and material of the building, structure or proposal in relation to such factors to similar features of buildings and structures in the Historic District;
(5) 
The historical and/or architectural appropriateness of the exterior architectural features which can be seen from a public street or way;
(6) 
Broad historical values representing the cultural, political, economic or social history of Newtown Borough;
(7) 
The relationship of the structure, building or sign with historic personages or events of Newtown Borough;
(8) 
The extent to which the proposal is harmonious with the exterior architectural features of other structures, buildings and/or signs in the immediate surroundings;
(9) 
The extent to which the proposal is complementary to the traditional architectural character and style of the Historic District; and
(10) 
Specimen architectural types representative of a certain period and a style or method of construction within Newtown Borough.
B. 
The HARB may recommend that a certificate of appropriateness be issued for the erection, reconstruction, alteration, restoration, demolition or razing of any building, structure or sign, in whole or in part, within the Historic District, and Council may approve same, only if the proposal satisfies and meets the evaluation criteria of this chapter. The HARB and Council shall make findings of fact in the report required by this chapter which support its recommendation and decision and are based upon the evaluation criteria of this chapter.
C. 
The HARB shall and Council may consider, in addition to the evaluation criteria of this chapter, the most current version of the Secretary of the Interior Standards and accompanying Guidelines for Rehabilitating Historic Buildings in making its recommendation and decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
In addition to the evaluation criteria of this chapter, for any proposed work, the HARB shall, and Council may, consider the extent to which the proposal adheres to the architectural design guidelines for construction. Such guidelines shall be adopted by resolution of Council, provided that the same are consistent with this chapter and the laws of the Commonwealth of Pennsylvania. Such guidelines, as revised, amended and updated, shall be attached to this chapter as Exhibit B hereto. Such guidelines are intended to be advisory in nature.[1]
[1]
Editor's Note: Exhibit B is on file in the Borough offices.
B. 
It is the intent of this chapter that all architectural design guidelines shall advance the principles of this chapter and be consistent with and supplemental to the evaluation criteria of this chapter; provided, however, that such guidelines are educational and exemplary of the architectural and historical styles and material of the Historic District. All architectural design guidelines shall consider but not be limited to the following:
(1) 
Preserving the character-defining features of buildings and structures, such as architectural details, including but not limited to cornices, siding, lintels, arches, quoins, balustrades and iron work, chimneys, etc., within the Historic District; and
(2) 
Preserving the predominant architectural style(s) and/or material(s) of buildings and structures in the Historic District.
A. 
In the case of the proposed demolition of any building or structure, in whole or in part, within the Historic District, the HARB shall delegate its obligation to give a recommendation to Council on the application for a certificate of appropriateness to the Newtown Joint Historic Commission for as long as that Commission is in existence and Council so directs. The Newtown Joint Historic Commission shall fully investigate the appropriateness of the requested demolition by applying, in addition to the evaluation criteria of this chapter, the following:
(1) 
The extent to which the building or structure constitutes an immediate threat to the public health, safety and welfare;
(2) 
The significance of the building or structure to the historic and architectural integrity of the Historic District and Newtown Borough;
(3) 
The extent to which the applicant demonstrates that the building or structure has no economic use;
(4) 
The efforts made by the applicant to successfully market the building or structure; and
(5) 
The proposed construction after demolition and its impact on the integrity of the Historic District.
B. 
The HARB shall review the findings and conclusions of the Newtown Joint Historic Commission and forward those to Council as the report required under this chapter. The HARB may make its own independent recommendation to Council and forward same to Council with its supporting reasons. In making its determination, Council shall consider the general evaluation criteria of this chapter, the specific criteria of this section and the reports of the Newtown Joint Historic Commission and the HARB, if different.
C. 
In such cases where Council approves a certificate of appropriateness for the demolition of a building or structure, consideration should be given by Newtown Borough and the owner(s) as to whether the building or structure can be moved to a proximate site. If moving a building or structure slated to be demolished is economically or practically infeasible, efforts should be made to salvage prominent architectural features of the building or structure.
D. 
Demolition by neglect. All buildings and structures, and all character-defining features of same, within the Historic District shall be maintained in good repair, structurally sound, and reasonably protected against exterior decay and deterioration. If the Building Inspector or COA Administrator determines that a building or structure or any character-defining feature of same within the Historic District has deteriorated to the point that it constitutes a threat to the public health, safety or welfare, or has deteriorated to the point that its historical or architectural significance is substantially compromised, the Building Inspector or COA Administrator is authorized to take any action permitted under Article X of this chapter to correct the deteriorating condition. The Building Inspector is authorized to consult with the HARB, and/or the Newtown Joint Historic Commission if authorized by Council, to suggest a course of action to preserve the historical and architectural aspects of the building or structure at issue. Actionable deterioration includes but is not limited to the following:
(1) 
Failure to maintain the exterior in good repair so as not to pose a threat to the public health, safety or welfare;
(2) 
Failure to maintain structural members so as to be capable of safely supporting the imposed dead and live loads;
(3) 
Failure to keep foundation walls free from open cracks and breaks;
(4) 
Failure to keep exterior walls free from holes, breaks, or loose or rotting materials;
(5) 
Failure to maintain the roof, flashing, gutters and downspouts, including pole gutters, so as to be sound, tight and not have defects that admit rain;
(6) 
Failure to maintain all cornices, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features in a safe condition;
(7) 
Failure to properly anchor and safely maintain all canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and other similar overhangs;
(8) 
Failure to maintain all chimneys, cooling towers, smokestacks and similar appurtenances in a structurally safe and sound condition; and
(9) 
Failure to keep all windows, doors and related frames in a weathertight and sound condition.
A. 
No sign or permanent regulated advertising display of any kind or for any purpose shall be erected or altered until a certificate of appropriateness to make such erection or alteration has been issued for its conformity in exterior material composition, exterior structural design, external appearance and size with similar advertising or information media used in the architectural period of the Historic District and any applicable portion thereof. In addition to the foregoing, Council and the HARB shall apply the evaluation criteria of this chapter when reviewing a certificate of appropriateness for a sign.
B. 
The COA Administrator may, in his absolute discretion, permit temporary signage for a limited duration, and order that the same be removed, while a completed application is being reviewed.
C. 
Historical markers may be authorized by Council, subject to the provisions stipulated, and such markers shall not be considered as signs but are to be erected in accordance with the requirements established for historic markers by Council.[1]
[1]
Editor's Note: Original Sec. 96-22, Wireless facilities, of the 1982 Code, which immediately followed this section, was repealed 10-11-2020 by Ord. No. 774.