[Amended 10-17-2007 by Ord. No. 08-2007]
A.
It is
the intent of this article to:
(1)
Create
a comprehensive framework for the application of Zoning Ordinance
provisions for the preservation of historic sites, buildings, structures,
objects, and districts in East Brandywine Township;
(2)
Implement
the goals of the National Historic Preservation Act of 1966, as amended,
as they relate to historic resources in East Brandywine Township;
(3)
Implement the goals of Article I, Section 27, of the Pennsylvania Constitution, which establishes the commonwealth's policy of encouraging the preservation of historic and aesthetic resources;
(4)
Implement
the goals of the Pennsylvania Municipalities Planning Code, which
authorizes the regulation, restriction, and prohibition of uses and
structures at, along, or near places having unique historical, architectural,
or patriotic interest or value, and which recognizes that zoning ordinances
"shall provide for the protection of natural and historic features
and resources"; and
(5)
Preserve
the exterior appearance of historic resources and their settings by
creating a process by which the expertise of the Historical Commission
is made available for the review of proposed alterations to historic
resources or other proposed actions that pose potential impacts on
historic resources.
B.
This article
establishes specific roles and functions for the East Brandywine Historical
Commission to serve as an advisory body to the Board of Supervisors,
Zoning Hearing Board, and Zoning Officer; it authorizes the creation
of an Historic Resources Map which delineates the jurisdiction of
the Historical Commission under this article. The protections and
incentives of this article are targeted toward the Township's most
important historic resources and, therefore, include procedures for
proposed demolitions, standards for demolition by neglect, area and
bulk waivers, additional use opportunities for historic properties,
and a Historic Resource Impact Study requirement.
A.
Compliance.
Any change to an historic resource shown on the Historic Resources
Map shall occur only in full compliance with the terms of this chapter
and other applicable regulations.
B.
Historic
Overlay Concept. The Historic Resources Map shall be deemed an overlay
on any zoning district now or hereafter enacted to regulate the use
of land in East Brandywine.
(1)
For
any property shown on the Historic Resources Map, the requirements
and opportunities contained in this article shall:
(2)
Should
the Historic Resources Map be altered or reduced in scope as a result
of legislative or administrative action or judicial decision, the
zoning requirements and other regulatory measures applicable to the
property in question shall be those of the underlying zoning district
without consideration of this article.
C.
Preservation
of other restrictions. It is not intended by this article to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this article imposes more stringent restrictions, the
provisions of this article shall prevail.
D.
Consultation. Where the Historical Commission, Board of Supervisors,
or Zoning Officer, in the course of administering the terms of this
article, requires consultation from a professional with expertise
in historic preservation, or from any other professional consultant
it deems necessary and appropriate, the cost of the consultant shall
be charged to the applicant. Prior to incurring any costs for a professional
consultant, the Township shall determine the estimated costs for such
services and shall require the applicant to deposit funds in that
amount into an escrow account. Upon completion of the consultant services,
any unexpended balance in such account shall be reimbursed to the
applicant.
[Added 11-7-2013 by Ord. No. 06-2013; amended 11-29-2018 by Ord. No. 05-2018]
A.
Classifications.
The Historic Resources Map delineates two classifications of historic
resources in East Brandywine Township, which are defined as follows:
[Amended 12-19-2007 by Ord. No. 11-2007]
(1)
Class
I.
(a)
Certified historic resources, as defined by this chapter.
(b)
Buildings, sites, structures, and objects located within a certified
historic district, as defined by this chapter, that are designated
as contributing resources to that district.
(c)
Buildings, sites, structures, and objects that have received a determination
of eligibility (DOE), as defined by this chapter, or are located within
a district that has received a determination of eligibility (DOE)
and are designated as contributing resources to that district.
(d)
Resources that are deemed by the Chester County Historic Preservation
Office to meet substantially the National Register criteria under
the Chester County Certification Program.
(2)
Class
II. Buildings, sites, structures, and objects of significance to East
Brandywine Township, as determined and documented by the East Brandywine
Historical Commission. Such resources:
(3)
Districts.
The Historic Resources Map shall contain the boundary of any certified
historic district, National Register historic district, or district
that has received a determination of eligibility (DOE). The individual
resources located within any such district shall be classified and
regulated in accordance with criteria for Class I resources, as stipulated
above.
(4)
The
Historic Resources Map and its index of listed resources are included
as Attachment 3 to this chapter.
B.
Revisions.
The Historic Resources Map may be revised from time to time by legislative
action of the Board of Supervisors, which shall follow the procedures
established by this chapter for amendments to this chapter, and the
requirements of Section 609 of the Municipalities Planning Code (MPC).[1]
(1)
In
considering any revision, including additions, deletions, or changes
of classification to the Historic Resources Map, the Board shall receive
a written recommendation from the East Brandywine Historical Commission.
(2)
The
owner(s) of any property(ies) which is/are the subject of any such
proposed action shall be given written notice of the Historical Commission's
recommendation to the Board of Supervisors at least 30 days prior
to the public hearing at which the Board will consider such action.
(3)
The owner(s) of a property subject to the provisions of this article, or potentially affected by its provisions, may submit a petition to the Township requesting that such property be added to or deleted from the Historic Resources Map, or that its classification within the Historic Resources Map be changed. The Township shall respond to such petition in accordance with the provisions of Article XX of this chapter. Prior to acting on any such petition, the Board of Supervisors shall receive a written recommendation from the East Brandywine Historical Commission.
[1]
Editor's Note: See 53 P.S. § 10609.
C.
Historic
Resources Atlas. The Historical Commission shall maintain the East
Brandywine Township Historic Resources Atlas as an updated inventory
of resources, including but not limited to those shown on the Historic
Resources Map. The description and supporting information for any
historic resource may be added to or deleted from the inventory upon
action of the Historical Commission.
D.
Jurisdiction.
(1)
Within
the boundaries of any certified historic district, as shown on the
Historic Resources Map, the Board of Historical Architectural Review
shall exercise those powers and duties authorized under the terms
of the ordinance establishing the district.
(2)
All
Class I and Class II sites shown on the Historic Resources Map shall
be subject to the applicable terms of this article.
A.
The membership, powers, and duties of the East Brandywine Historical Commission shall be as set forth in Chapter 30, Historical Commission.
B.
The roles
and functions of the Historical Commission with respect to historic
resource protection under the provisions of this chapter shall be
as stated in this article.
A.
Any application for a building permit for demolition received by
the Zoning Officer for a Class I or Class II historic resource must
comply with the procedures and requirements of this section, as applicable.
B.
Building permit for demolition. No Class I or Class II historic resource
shall be demolished unless a building permit for demolition has been
issued by the Zoning Officer in accordance with the following procedures
of East Brandywine Township:
(1)
In addition to any other applicable requirements of this chapter
and other ordinances of the Township, an applicant seeking a permit
to demolish an historic resource shall provide a written report containing,
but not restricted to, the following (except where the Historical
Commission, upon a written request from the applicant, determines
that an item does not need to be included with the application):
[Amended 11-7-2013 by Ord. No. 06-2013]
(a)
Owner of record;
(b)
Classification of resource on the Historic Resources Map; if
more than one structure is located on the property, the specific structure
for which the permit is being sought;
(c)
Site plan showing all buildings and structures on the property;
(d)
Recent interior and exterior photographs of the structure proposed
for demolition;
(e)
Reasons for the demolition;
(f)
A report from a structural engineer describing the structural
condition of the structure proposed to be demolished;
(g)
Proposed disposition of materials;
(h)
Time line for implementation of proposed use of the property
following demolition;
(i)
Date of purchase and ownership history of the historic resource;
(j)
Assessed value of the land and improvements thereon; and
(k)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture, or other.
(2)
(3)
Except where the Historical Commission determines, upon a written
request from the applicant, that an item required below does not need
to be included with the application, the applicant shall provide written
documentation of an analysis of the following factors which shows,
by a preponderance of the evidence, that:
[Amended 11-7-2013 by Ord. No. 06-2013]
(a)
The demolition of the historic resource in question will not
adversely affect the historic significance or architectural integrity
of neighboring historic properties or the historic character of the
neighborhood or community;
(b)
If the demolition will not result in the complete removal of
the historic resource, it will minimize adverse effects on the architectural
and structural integrity and the overall historic appearance of the
resulting structure.
(c)
It is not feasible to continue the current use;
(d)
Other uses permitted within the underlying zoning district,
whether permitted as of right, by special exception, or by conditional
use, have been denied or are not feasible due to constraints on the
historic resource proposed to be demolished;
(e)
Adaptive use opportunities do not exist due to constraints related
to the historic resource proposed to be demolished or the property
on which it is located;
(f)
The proposed new use of the property, including any new building
or structure, will not adversely affect the historic character or
architectural integrity of the neighboring historic properties, the
neighborhood, or the community;
(g)
The permitted uses and adaptive use potential of the historic
resource proposed to be demolished do not provide a reasonable rate
of return based on a reasonable initial investment; and
(h)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration,
or similar physical action.
(4)
A building permit for demolition for any proposed demolition of any
Class I or Class II historic resource shall not be issued prior to,
and where applicable:
C.
Application review procedure. Upon receipt of an application for
a building permit for demolition, the Zoning Officer shall review
said application pursuant to the requirements of this section to determine
whether it is complete. In the review of the application for completeness,
the Zoning Officer may, as he deems necessary, consult with the Historical
Commission. Within five days of receipt of the application, the Zoning
Officer shall forward a completed application for a building permit
for demolition, together with the documents and specifications filed
by the applicant, to the Historical Commission for its review and
comment. To be considered at a regularly scheduled meeting of the
Historical Commission, a complete application must be submitted to
the Zoning Officer not less than 20 days prior to such meeting.
[Amended 12-3-2015 by Ord. No. 10-2015]
(1)
The Zoning Officer shall not issue a building permit for demolition
for any Class I or Class II historic resource until all steps in the
submission and review process are completed, including the review
and recommendation by the Historical Commission.
(2)
The Zoning Officer shall require applicants to submit a sufficient
number of additional copies of materials required to be attached to
a completed application for a building permit for demolition.
(3)
The Zoning Officer shall maintain in his or her office a record of
all such applications and final dispositions of the same.
D.
Historical commission review of applications. Upon receipt of a completed
application for a building permit for demolition under the terms of
this chapter, the Historical Commission shall consider such at its
next regularly scheduled meeting or a special meeting.
E.
Notification to applicant of historical commission review. Upon forwarding
the completed application to the Historical Commission for its review
and recommendation, the Zoning Officer shall mail a written notice
to the applicant, stating the time and place of the Historical Commission's
meeting at which the application for a building permit for demolition
will be considered.
F.
Criteria for deliberation. In determining the recommendations to be presented to the Zoning Officer concerning the issuance of a building permit for demolition for any Class I or Class II historic resource, the Historical Commission shall refer to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, as contained in § 399-70 of this article; shall consider the historical, architectural, or archaeological significance of the historic resource to the Township, county, state, or nation; and shall weigh all relevant factors in favor of or against the demolition pursuant to and congruent with the objectives of this article. In reviewing the application and determining its recommendations, the Historical Commission shall take into account:
(1)
The effect of demolition on the historical and architectural significance
and architectural integrity of neighboring historic resources.
(2)
Economic feasibility of adaptively reusing the resource proposed
for demolition.
(3)
Alternatives to demolition of the resource.
(4)
Potential public safety issues posed by the current condition of
the resource.
G.
Time frame for Historical Commission Recommendation. The Historical Commission shall render its recommendations, in a written report to the Zoning Officer, to approve or deny an application for demolition of an historic resource under its review within 15 days following the meeting at which it acts on the application or prior to the expiration of any extended review period as established under the terms of § 399-132C of this chapter.
[Amended 12-3-2015 by Ord. No. 10-2015]
H.
Recommended disapproval of application by the historical commission.
If the Historical Commission decides to advise against the granting
of a building permit for demolition, it may, as it deems appropriate,
indicate to the Zoning Officer and the applicant an alternative(s)
to the proposed demolition which would protect: the distinctive historical
character of the historic resource; and the architectural or archaeological
integrity of the historic resource.
I.
Deferral of decision. The Historical Commission may elect to defer its decision in order to provide adequate opportunity for historic documentation of the resource (as set forth in Subsection J, below); preparation of a financial analysis (as set forth in Subsection K, below); and/or dialog with the applicant on alternatives to demolition. The extent of such deferral shall be in accordance with the following time periods:
[Added 12-3-2015 by Ord.
No. 10-2015[1]]
J.
Documentation. Prior to the recommendation on the issuance of any
building permit for demolition, the Historical Commission may require
the applicant to provide documentation of the resource proposed for
demolition, particularly if it is a Class I historic resource. Such
documentation may include, as available, historical data, surveys,
and other data provided by local, state, and federal historic preservation
organizations and agencies; photographs; floor plans; measured drawings;
archaeological surveys; and any other comparable form of documentation
stipulated by the Commission.
[Added 12-3-2015 by Ord.
No. 10-2015]
K.
Financial analysis. In its review of an application to demolish any
Class I historic resource, the Historical Commission may require the
applicant to prepare a financial analysis. Such financial analysis
should include the following information, as applicable and available:
[Added 12-3-2015 by Ord.
No. 10-2015]
(1)
Purchase price;
(2)
Description of the relationship, if any, whether business or familial,
between the owner and the person from whom the property was purchased;
(3)
All appraisals obtained by the owner in connection with the purchase
or financing of the property or during his ownership of the property;
(4)
Bona fide offers to sell or rent the property, the price asked, and
offers received, if any; and
(5)
The consideration by the owner as to economically feasible, adaptive
reuse for the property and any other practical uses; incentives which
could be offered by the Township to preserve the resource; and any
input from local, state, or federal historic preservation and architectural
organizations or agencies.
(a)
The Historical Commission may require a financial analysis for
the adaptive reuse of the resource for one or more of the uses permitted
in the applicable base zoning district. The uses to be evaluated will
be specified by the Historical Commission with input from the applicant.
The detailed estimate for each such scenario shall include costs for
initial investment, including the cost of any improvements required
to make the property suitable for the use, and expected rate of return.
The preparer must be deemed sufficiently qualified by the Historical
Commission.
L.
Contents of written report.
(1)
The written report to the Zoning Officer concerning the Historical
Commission's recommendations on the issuance of a building permit
for demolition shall set out findings of fact, which shall include
but need not be limited to the following matters:
(a)
The exact location of the historic resource that is proposed
for demolition.
(b)
A list of other historic resources on the property and within
300 feet of any boundary of the subject property.
(c)
The anticipated effect of the proposed demolition upon the general
historic, archaeological, and architectural character, including the
cultural landscape, of East Brandywine Township.
(d)
Recommendations by the Historical Commission as to the issuance
of the building permit for demolition.
(2)
A copy of the written report from the Historical Commission shall
be provided to the Board of Supervisors.
M.
Notification to applicant. The Zoning Officer shall provide the applicant
a copy of the written report from the Historical Commission, as provided
for in this section.
N.
Action by the Zoning Officer. The Zoning Officer shall act on the
application for a building permit for demolition in accordance with
the following:
(1)
Upon receiving a recommendation to approve the application from the
Historical Commission, and providing the plans satisfy all other requirements
of the Township, the Zoning Officer shall consider the report and
recommendations of the Historical Commission and shall issue the permit.
(2)
If the Historical Commission's report recommends against issuing
the permit and/or suggests alternative actions to protect the historic
resource, the Zoning Officer shall consider the report and recommendations
of the Historical Commission in acting on the permit application.
The Zoning Officer shall then either issue or deny the permit.
(3)
Where the Historical Commission's recommended approval of a building
permit for demolition includes conditions that have been discussed
with the applicant during the Historical Commission's review of the
application, the Zoning Officer may, at his/her discretion, propose
any or all of the Historical Commission's recommended conditions to
which the issuance of the building permit for demolition would be
subject.
[Added 7-7-2016 by Ord.
No. 04-2016]
(a)
If the Zoning Officer intends to incorporate less than the full
set of Historical Commission recommendations as part of the building
permit for demolition, he/she shall first advise the Historical Commission
or its designee of his/her intent to omit certain of the recommended
conditions, and the reasons therefor. Following this communication
and any response from the Historical Commission, the Zoning Officer
shall include in the permit those conditions that he/she deems appropriate.
(b)
Where the Zoning Officer incorporates any or all of the Historical
Commission's recommendations as conditions for issuance of the building
permit for demolition, the applicant shall indicate, in writing on
the permit form, his/her understanding and acceptance of such conditions.
Should the applicant choose not to accept in writing any or all of
the Historical Commission's conditions that are proposed to be made
part of the permit, the Zoning Officer may subsequently reach agreement
with the applicant as to those particular conditions that will become
requirements of the building permit for demolition.
(c)
Prior to issuance of the permit on the basis of the agreement
reached with the applicant as to conditions to be attached to the
permit, the Zoning Officer shall advise the Historical Commission
or its designee of his/her intent to issue such permit and his/her
reasons for not including all of the Historical Commission's recommended
conditions.
(d)
Following this communication with the Historical Commission,
the Zoning Officer may include in the permit those conditions that
he/she deems appropriate, and issue the permit accordingly, or he/she
may deny issuance of the permit in its entirety.
O.
Required restoration of unauthorized demolition. In the event the Board of Supervisors authorizes the commencement of an action pursuant to § 399-71.2B of this article, the Zoning Officer shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource altered or demolished in violation of this article or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
A.
The owner or any other person or persons who may have legal custody
and control of any building or structure designated as a Class I or
Class II historic resource shall not permit such building or structure
to fall into a state of disrepair which may result in the deterioration
of any facade or exterior appurtenance or architectural feature so
as to produce or tend to produce, in the judgment of the Zoning Officer
or his designate, a detrimental effect on the historic character of
the resource.
B.
Any building or structure designated as a Class I or Class II historic
resource shall be preserved against decay and deterioration by being
kept free from the following structural defects by the owner and any
other person or persons who may have legal custody and control of
such building or structure:
(1)
Deteriorated or inadequate foundation which jeopardizes its structural
integrity.
(2)
Defective or deteriorated floor supports or any structural members
of insufficient size to carry imposed loads with safety, thereby jeopardizing
its structural integrity.
(3)
Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration which
jeopardizes its structural integrity.
(4)
Structural members of ceilings and roofs, or other horizontal structural
members that sag, split, or buckle due to defective materials or deterioration
or are of insufficient size to carry imposed loads with safety, thereby
jeopardizing its structural integrity.
(5)
Exterior chimneys that list, bulge, or settle due to defective material
or deterioration or are of insufficient size or strength to carry
imposed loads with safety, thereby jeopardizing its structural integrity.
(6)
Lack of weather protection, including in particular a lack of effective
waterproofing, that jeopardizes the structural integrity of the walls,
roofs, or foundation.
(7)
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.
C.
Demolition by neglect shall constitute a violation of this chapter.
The Zoning Officer shall have the power to institute any proceedings
at law or in equity, as provided under the terms of this chapter,
necessary for the enforcement of this section.
D.
Applicability to subdivision and land development applications.
[Added 11-29-2018 by Ord.
No. 05-2018]
(2)
As part of this stabilization requirement, a maintenance plan shall be prepared that sets periodic inspection requirements to identify deterioration concerns and how those concerns will be addressed. The plan shall be reviewed and shall be undertaken only when approved by the Township Building Inspector. Improper maintenance will be addressed as prescribed in this section and § 399-71.2 of this chapter.
(3)
The Township Zoning Officer will notify the applicant where stabilization
of the historic resource will be required and, if so, the factors
to be addressed in the required maintenance plan. Where stabilization
is required, it shall be completed by the applicant and inspected
and approved by the Township Building Inspector within six months
of the date of notification from the Zoning Officer. No earth-moving
activity may commence and no building permit shall be issued until
the required stabilization actions have been taken and approved by
the Township.
[Amended 11-7-2013 by Ord. No. 06-2013; 7-7-2016 by Ord. No. 04-2016; 11-29-2018 by Ord. No. 05-2018]
A.
An historic resource impact study (HRIS) may be required as part
of an application for certain activities or procedures, as specified
herein, authorized under the terms of this chapter that have the potential
to adversely affect a Class I or Class II historic resource. Such
activities shall include the following:
[Amended 8-1-2019 by Ord.
No. 06-2019; 10-3-2019 by Ord. No. 07-2019]
(1)
Where the subject property contains a Class I historic resource,
any application, the approval of which would result in the construction
of a new principal or accessory structure, and where such approval
is required in the form of a:
(2)
Where any part of the exterior wall, surface, or boundary of a Class
I or Class II historic resource is located within 300 feet of the
proposed location of any exterior wall or surface of a new building,
structure, road, driveway, or parking area and approval of the proposed
new building, structure, road, driveway, or parking area is required
in the form of a special exception, variance, conditional use, and/or
building permit.
(3)
This requirement shall not apply where an HRIS has been prepared
for the property that is proposed to contain the new construction,
and has addressed all historic resources potentially affected by this
proposal, within the preceding five years.
B.
Upon receiving any application for: i] a special exception; ii] a
conditional use; or iii] a building permit for construction of a new
principal or accessory structure, the Zoning Officer shall notify
the Historical Commission of the application. The Historical Commission,
or designated members thereof, may then conduct a site visit with
the applicant to identify the location of the prospective new construction
in relation to the Class I or Class II historic resource, the extent
of potential negative impacts, and possible alterations or modifications
to the proposal.
C.
Within 15 days of receipt of the notification from the Zoning Officer
that an application has been filed, the Historical Commission shall
make a recommendation to the Zoning Officer as to whether an HRIS
needs to be prepared. Where the Historical Commission determines that
it is not necessary for an HRIS to be prepared and submitted, the
Zoning Officer may continue processing the application for a hearing
or a permit. Where the Historical Commission determines that an HRIS
is necessary under the terms of this section, the Zoning Officer shall
so notify the applicant and the application shall be considered incomplete
until the HRIS is submitted.
D.
Where required, the HRIS shall be prepared by an individual qualified
by education in historic preservation, architectural history, anthropology,
archeology, land planning or related disciplines, and having at least
10 years' experience in assessing impacts of development on historic
resources and mitigation of those impacts, and submitted by the applicant
in accordance with the terms of this section and reviewed by the Historical
Commission.
[Amended 8-1-2019 by Ord.
No. 06-2019]
E.
The HRIS shall contain, at minimum, the following information unless the Historical Commission determines the study, or certain elements thereof, are not pertinent to the application under review, in which case the applicant shall not be required to submit the study or those specific sections. This determination, however, shall not preclude the Zoning Hearing Board, Board of Supervisors, or Zoning Officer, as applicable, from requiring additional information as deemed necessary during a special exception or conditional use proceeding or as part of a building permit application, respectively. Similarly, the Historical Commission may require additional information where it is deemed necessary to prevent Class I and Class II historic resources from being adversely affected, as intended by § 399-66A.
[Amended 8-1-2019 by Ord.
No. 06-2019]
(1)
Contextual information.
(a)
If not otherwise provided by the applicant, a plan showing existing
site conditions, including structures, topography, watercourses, vegetation,
landscaping existing drives, and known or potential archaeological
sites.
(b)
General description, classification, and significance (in terms
of the criteria used for listing a resource in the National Register
of Historic Places) of all historic resources located on the subject
property as shown on the site plan, or historic resources located
within 300 feet of any portion of the subject property.
(c)
Black and white or color five-inch-by-seven-inch photographs to show every historic resource identified in Subsection E(1)(b), above.
(d)
Narrative description of the historical development of the subject
tract.
(2)
(3)
Mitigation measures. Recommendations shall be made for mitigating
the project's impact on identified Class I or Class II historic resources,
including: design alternatives; moving the historic resource; reconstruction
of the historic resource; Historic American Building Survey (HABS),
Historic American Engineering Record (HAER), or Pennsylvania State
Recordation requirements; buffering, landscaping, or conservation
of existing vegetation; and any other appropriate measures permitted
under the terms of this chapter.
F.
The Historical Commission shall review the HRIS and shall provide
a written report, including findings, conclusions, and any recommended
modification to the proposed activity that it deems appropriate, to
the Zoning Hearing Board, Board of Supervisors, or Zoning Officer,
as applicable.
[Amended 11-29-2018 by Ord. No. 05-2018]
A.
In addition to the uses permitted by the underlying zoning district, properties designated as Class I or Class II historic resources are eligible for certain additional uses, in accordance with the terms of this section and all other applicable provisions of this chapter. Such additional uses are permitted only when approved as a conditional use by the Board of Supervisors in accordance with the terms of this section and the provisions of § 399-137 of this chapter, and only where the Board of Supervisors determines that the Class I or Class II historic structure in which the additional use is proposed will be appropriately preserved and all other applicable terms of this section will be met.
B.
Notwithstanding the terms applicable to each base zoning district
in this chapter, any Class I or Class II historic property that is
eligible for the additional use opportunities under the terms of this
section shall be limited to one principal use per structure, but may
contain more than one principal use on the property.
D.
Conditional use criteria. In hearing all requests for conditional
use approval under the provisions of this section, the Board of Supervisors
shall review each of the following criteria as they apply to the application.
In approving any conditional use application, the Board may attach
such reasonable conditions, in addition to those expressed in this
section and in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code[1] and this chapter.
(1)
All additions, enlargements, rehabilitations, and alterations to a Class I historic resource shall be in compliance with the standards contained in § 399-70 of this chapter.
(2)
The proposed additional use shall not alter the exterior character
of the structure.
(3)
The proposed additional use shall not alter, or present the potential
for deleterious impact on, the character of the neighborhood. In any
grant of conditional use approval, the Board must be satisfied that
the proposed additional use will not create significant negative off-site
impacts resulting from parking, traffic volume or flow, signage, lighting,
noise, glare, or impervious surface.
(4)
The proposed use or activity shall be consistent with the purposes
of this section and this chapter.
(5)
The proposed use shall not injure or detract from the use or enjoyment
of adjoining or nearby properties.
(6)
Adequate utilities must be available to serve the proposed use. When
public utilities are available, they shall be utilized.
(7)
Where necessary to provide for the efficient use or reuse of a Class I historic resource, the applicant may request as part of the conditional use approval, the approval of modification of applicable area and bulk regulations, subject to the applicant providing proof of the standards in § 399-68 of this chapter.
(8)
The Board, at its sole discretion, shall evaluate whether the proposed
additional use represents an effective means of protecting the integrity
of the Class I or Class II historic resource in which the use will
be located.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Zoning Hearing Board. The Zoning Hearing Board, through the grant of a special exception, may approve requested modifications to the otherwise applicable lot size, lot dimension, or yard requirements for plans affecting Class I historic resources, in accordance with the criteria set forth in § 399-145 and provided the following additional criteria are met:
B.
East Brandywine Historical Commission.
(1)
The Commission shall review the request for special exception and evaluate whether the proposed modifications are necessary to the preservation of the Class I resource. Where applicable, the Commission also shall review any construction plans under the terms of the following for their compliance with the standards in § 399-70:
(2)
Recommendations shall be transmitted in the form of a written report
to the Zoning Hearing Board and shall indicate what specific changes
in the plans would bring them into substantial compliance with the
standards. The written report of the Historical Commission shall be
admissible before the Zoning Hearing Board without further testimony
or authentication.
A.
Building permit. No building permit for the rehabilitation or alteration
of the exterior of a Class I historic resource shall be issued by
the Zoning Officer prior to review and comment on the application
by the East Brandywine Historical Commission, in accordance with the
terms of this section. Building permits for Class I historic resources
in certified historic districts shall be issued in accordance with
the terms of the ordinance establishing such district.
B.
Application review procedure. Upon receipt of an application for
a building permit, the Zoning Officer shall review said application
to determine whether it is complete. Within five days of receipt of
the application, the Zoning Officer shall forward a completed application
for a building permit, together with the documents and specifications
filed by the applicant, to the Historical Commission for its review
and comment. To be considered at a regularly scheduled meeting of
the Historical Commission, a complete application must be submitted
to the Zoning Officer not less than 20 days prior to such meeting.
[Amended 7-7-2016 by Ord.
No. 04-2016]
C.
Time frame for Historical Commission recommendation. The Historical Commission shall render its recommendations, in a written report to the Zoning Officer, to approve or deny an application for a building permit within 15 days following the meeting at which it acts on the application, or prior to the expiration of any extended review period as established under the terms of § 399-132C of this chapter.
[Amended 7-7-2016 by Ord.
No. 04-2016]
D.
Issuance of building permit. Upon receipt of a written report from the Historical Commission indicating that the plans are in substantial compliance with § 399-70, and provided that the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the building permit.
E.
Report of detrimental effect.
[Amended 7-7-2016 by Ord.
No. 04-2016]
(1)
If the Historical Commission's report indicates that the plans are not in substantial compliance with the standards in § 399-70, the Zoning Officer shall consider the report and recommendations of approval from the Historical Commission in acting on the building permit application. The Zoning Officer may, at his/her discretion, approve or deny the application for the building permit.
(2)
Alternatively, the Zoning Officer may, at his/her discretion, propose
some or all of the Historical Commission's recommended conditions
to which issuance of the building permit would be subject.
(a)
If the Zoning Officer intends to incorporate less than the full
set of Historical Commission recommendations as part of the building
permit, he/she shall first advise the Historical Commission or its
designee of his/her intent to omit certain of the recommended conditions,
and the reasons therefor. Following this communication and any response
from the Historical Commission, the Zoning Officer shall include in
the permit those conditions that he/she deems appropriate.
(b)
Where the Zoning Officer incorporates any or all of the Historical
Commission's recommendations as conditions for issuance of the building
permit, the applicant shall indicate, in writing on the permit form,
his/her understanding and acceptance of such conditions. Should the
applicant choose not to accept in writing any or all of the Historical
Commission's conditions that are proposed to be made part of the permit,
the Zoning Officer may subsequently reach agreement with the applicant
as to those particular conditions, if any, that will become requirements
of the building permit.
(c)
Prior to issuance of the permit on the basis of the agreement
reached with the applicant as to conditions to be attached to the
permit, the Zoning Officer shall advise the Historical Commission
or its designee of his/her intent to issue such permit and his/her
reasons for not including all of the Historical Commission's recommended
conditions.
(d)
Following this communication with the Historical Commission,
the Zoning Officer may include in the permit those conditions that
he/she deems appropriate, and issue the permit accordingly, or he/she
may deny issuance of the permit in its entirety.
A.
Standards for rehabilitation. Any proposed rehabilitation or alteration of the exterior of a Class I historic resource under §§ 399-68 and 399-69 should be in substantial compliance with the Secretary of the Interior's currently adopted Standards for Rehabilitation, as revised. At the time of enactment of this article, those standards were as follows:
(1)
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided whenever possible.
(3)
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier or later appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historical, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
(10)
Wherever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
B.
Plan consistency. Determination of the consistency of the plan with
these standards shall be made by written report of the East Brandywine
Historical Commission, using the Secretary's Guidelines for Rehabilitating
Historic Buildings, as revised, to apply the standards to each project.
A.
Landscaping.
(1)
When a Class I or Class II historic resource is located within a tract proposed for subdivision or land development, a landscape plan for the grounds surrounding the historic resource may be required by the Board of Supervisors as a means of mitigation, when the need for such is identified as part of a historic resource impact study required by Chapter 350, Subdivision and Land Development.
(2)
The plan shall be prepared by a registered landscape architect, or
by a nurseryman or other individual deemed qualified by the Board
of Supervisors. The plan shall show all pertinent information, including
the location, size, and species of all individual trees and shrubs
to be removed, planted, or preserved.
(3)
Through screening, buffering, and selection of plant material, the
plan should strive to minimize the impact of the proposed development
on the Class I or Class II historic resource and protect its integrity
of setting and any significant vegetation. The landscape plan shall
be reviewed by the East Brandywine Historical Commission as part of
its review of the historic resource impact study.
B.
Buffering.
(1)
When any subdivision or any land development is proposed on a property, any boundary of which is within 300 feet of an exterior wall of a Class I or Class II historic resource, a plan depicting how the historic resource will be buffered against the deleterious impacts of the proposed development may be required by the Board of Supervisors as a means of mitigation, when the need for such is identified as part of a historic resource impact study required by Chapter 350, Subdivision and Land Development.
(2)
Buffering may include, but need not be limited to, vegetative screening
and fencing, the appropriateness and effectiveness of which shall
be evaluated by the East Brandywine Historical Commission as part
of its review of the historic resource impact study.
A.
Permits. No permit for a sign to be located on or within 100 feet
of the exterior walls of a Class I historic resource shall be issued
by the Zoning Officer prior to the review of and comment on the application
by the East Brandywine Historical Commission, in accordance with the
terms of this section.
B.
Application review procedure. Upon receipt of an application for
a sign permit, the Zoning Officer shall review said application to
determine whether it is complete. Within five days of receipt of the
application, the Zoning Officer shall forward a completed application
for a sign permit, together with the documents and specifications
filed by the applicant, to the Historical Commission for its review
and comment. To be considered at a regularly scheduled meeting of
the Historical Commission, a complete application must be submitted
to the Zoning Officer not less than 20 days prior to such meeting.
[Amended 7-7-2016 by Ord.
No. 04-2016]
C.
Time frame for Historical Commission recommendation. The Historical Commission shall render its recommendations, in a written report to the Zoning Officer, to approve or deny an application for a sign permit within 15 days following the meeting at which it acts on the application, or prior to the expiration of any extended review period as established under the terms of § 399-132C of this chapter.
[Amended 7-7-2016 by Ord.
No. 04-2016]
D.
Issuance of permit. Upon receiving a report of no detrimental effect
from the Historical Commission, and providing the plans satisfy all
other requirements of the Township, the Zoning Officer shall issue
the permit.
E.
Report of detrimental effect.
[Amended 7-7-2016 by Ord.
No. 04-2016]
(1)
If the Historical Commission's report indicates that the proposed
sign will have a detrimental effect on a Class I historic resource,
the Zoning Officer shall consider the report and recommendations of
the Historical Commission in acting on the permit application. The
Zoning Officer may, at his/her discretion, approve or deny the application
for the sign permit.
(2)
Alternatively, the Zoning Officer may, at his/her discretion,
propose some or all of the Historical Commission's recommended conditions
to which issuance of the sign permit would be subject.
(a)
If the Zoning Officer intends to incorporate less than the full
set of Historical Commission recommendations as part of the sign permit,
he/she shall first advise the Historical Commission or its designee
of his/her intent to omit certain of the recommended conditions, and
the reasons therefor. Following this communication and any response
from the Historical Commission, the Zoning Officer shall include in
the permit those conditions that he/she deems appropriate.
(b)
Where the Zoning Officer incorporates any or all of the Historical
Commission's recommendations as conditions for issuance of the sign
permit, the applicant shall indicate, in writing on the permit form,
his/her understanding and acceptance of such conditions. Should the
applicant choose not to accept in writing any or all of the Historical
Commission's conditions that are proposed to be made part of the permit,
the Zoning Officer may subsequently reach agreement with the applicant
as to those particular conditions, if any, that will become requirements
of the sign permit.
(c)
Prior to issuance of the permit on the basis of the agreement
reached with the applicant as to conditions to be attached to the
permit, the Zoning Officer shall advise the Historical Commission
or its designee of his/her intent to issue such permit and his/her
reasons for not including all of the Historical Commission's recommended
conditions.
(d)
Following this communication with the Historical Commission,
the Zoning Officer may include in the permit those conditions that
he/she deems appropriate, and issue the permit accordingly, or he/she
may deny issuance of the permit in its entirety.
A.
The unlawful demolition, rehabilitation, or alteration of a historic
resource, or any new construction on or within the regulated proximity
to a property containing a historic resource, in violation of the
provisions of this article or other applicable provisions of this
chapter or the order or direction made pursuant thereto, shall constitute
a violation of this chapter. In any such instance, the enforcement
and penalty provisions of this chapter shall be instituted.
B.
In the event any person demolishes a Class I or Class II historic
resource or rehabilitates or alters a Class I historic resource in
violation of the provisions of this article or in violation of any
conditions or requirements specified in a permit issued under the
terms of this article, the Board of Supervisors may institute any
proceeding, at law or in equity, necessary to enforce the provisions
of this article, which may include, but need not be limited to, requesting
that the court compel the reconstruction and/or restoration of the
historic resource to its condition and appearance as existed immediately
prior to the violation. Such restoration shall be in addition to,
and not in lieu of, any penalty or remedy available under this chapter
or any other applicable law or regulation.
C.
The Zoning Hearing Board may, as a condition of approval of any special
exception, and the Board of Supervisors may, as a condition of approval
of any conditional use application or subdivision or land development
application involving any property which, at the date of enactment
of this article, was occupied by a Class I or Class II historic resource(s)
that subsequently was demolished, rehabilitated, or altered in violation
of this article, impose a condition requiring the satisfactory reconstruction
or restoration of any such historic resource(s).
