[HISTORY: Adopted by the Borough Council
of the Borough of Athens 4-19-2004 by Ord. No. 592, approved 4-19-2004 (Ch. 65A of
the 1977 Code). Amendments noted where applicable.]
In accordance with the provisions of Act 167,
entitled "An Act Authorizing Counties, Cities, Boroughs, Incorporated
Towns and Townships to Create Historic Districts Within Their Geographic
Boundaries; Providing For the Appointment of Boards of Historical
Architectural Review; Empowering Governing Bodies of Political Subdivisions
to Protect the Distinctive Historical Character of These Districts
and to Regulate the Erection, Reconstruction, Alteration, Restoration,
Demolition or Razing of Buildings within the Historic Districts,"
adopted by the General Assembly of Pennsylvania on the 13th day of
June 1961, and as amended, there is hereby created in the Borough
of Athens an historic district to be known as the "Athens Borough
Historic District."
This chapter shall be entitled "An Ordinance
to Control the Demolition or Razing of Buildings or Structures in
the Athens Borough Historic District."
This chapter shall be known and may be cited
as the "Athens Borough Historic Ordinance."
The intent of this chapter is as follows:
A.
To preserve historic
buildings and structures located within the Historic District.
B.
To protect those
portions of the Borough which reflect the cultural, economical, social,
political, and architectural history of the Borough of Athens.
C.
To awaken an interest
in our historic past.
D.
To strengthen
the Borough's economy.
E.
To stabilize and
improve property values in said district.
F.
To promote the
use of the buildings and structures in the Historic District for the
culture, education, pleasure and the general welfare of the people
of the Borough of Athens.
The Historic District shall consist of the following
areas:
A.
National Register
District. All properties included in the National Register District
as prepared by the Pennsylvania Department of Transportation or by
individual property owners.
B.
Cornell Study.
All properties that were included in the Cornell study that are documented
in the study for historical significance that are not already included
in the National Register District.
C.
All churches existing
in the Borough as of the date of this chapter that are operating out
of a building constructed prior to 1954.
As used in this chapter, the following terms
shall have the meanings indicated:
The governing body of the Borough of Athens.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons
or personal property.
The officer of the Borough designated by the Council as the
individual who issues the permit for the demolition or razing of all
or a part of any building or structure in the Borough of Athens.
The dismantling or tearing down of all or a part of any building
or structure.
An approval statement signed by the Code Officer authorizing
the demolition or razing of all or parts of any building or structure.
The request filed by any person with the Code Officer that
seeks authorization to raze or demolish all or parts of any building
or structure.
A Planning and Zoning Commission of the Borough of Athens.
The agency that advises the Borough Council on any requests
for authorization to demolish or raze all or a part of any building
or structure within the Historic District.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location
on the ground.
A.
The review board
is the agency that advises the Borough Council on any requests for
authorization to demolish or raze all or a part of any building or
structure within the Historic District.
B.
For purposes of
this chapter, the Athens Borough Planning and Zoning Commission shall
serve as the Review Board.
A.
Certificate of
appropriateness for building demolition.
(1)
The Review Board shall review requests for the demolition of any contributing building or structure located in the Athens Borough Historic District. Contributing buildings and structures are identified on the Athens Borough Historic District Map as set forth in § 291-5.
(2)
The Review
Board shall review all applications for the above listed demolition
to buildings and shall forward their recommendation(s) to the Athens
Borough Council for final consideration.
B.
Procedures of the Code Officer; applications for permits. When the Code Officer receives an application requiring the issuance of a permit for a property in the Historic District, procedures for the officer, at that time, shall be followed. The Code Officer shall also verify that the requested demolition requires either a certificate of appropriateness as referenced in § 291-8A or no review by Review Board or Borough Council. If the proposed work requires Review Board and/or Borough Council review and approval, no permit(s) shall be issued by the Code Officer until the proper reviews and actions have been rendered by the review Board and/or Borough Council as described in this chapter. All applications requiring review must be received at least seven days prior to a scheduled Review Board meeting to be considered.
C.
Within five days
of receipt of an application requiring review, the Code Officer shall
notify the Review Board of said application requiring review has been
filed, the Review Board shall, within 40 days of receipt of such notice,
schedule meetings to consider the recommendation which it will present
to the Borough Council. The Borough Council will then make a final
decision based on information obtained from the Review Board.
D.
In the event that
the Review Board fails to hold its required meeting within 40 days
from the date it receives notice from the Code Officer that an application
Attorney requiring review has been filed or thereafter fails to submit
its written report to the Borough Council within 40 days of its meeting
or in the event that the Borough Council fails to hold its required
meeting and to render its decision within 40 days from the date it
receives the written report of the Review Board, the decision shall
be deemed to have been rendered in favor of the applicant, unless
the applicant had agreed in writing to an extension of time.
E.
Any applicant
may appeal an adverse decision of the Athens Borough Council to the
Bradford County Court of Common Pleas.
In determining the recommendation to be presented
to the Borough Council concerning the issuing of a certificate of
appropriateness authorizing the issuance of a demolition permit, the
Review Board shall consider the following matters:
A.
The effect of
the proposed change upon the general historic and architectural nature
of the district shall be considered.
B.
The building should
possess a high degree of integrity and quality with a minimum of no
architecturally significant intrusions.
C.
The building should
possess a sense of cohesiveness through characteristics of architectural
style, such as height, proportion, scale, rhythm, and detail.
D.
The building should
possess a special character and special historical and aesthetic atmosphere
which distinguishes it from the surrounding area.
E.
The building should
be readily definable by either man-made or natural boundaries with
a major focal point or points within it.
F.
The building should
be significant in the historical or cultural life of the Borough,
the commonwealth, or the nation.
G.
The Borough need
not represent a particular architectural style and may, in fact, contain
a wide variety of styles, provided that they are in harmonious relationship.
The Code Officer shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this chapter.
If a building presents a clear and present danger
to the public or has been rendered unfit for habitation because of
fire, explosion or similar cause, the terms of this chapter may be
temporarily waived to the extent that the applicant can render interim,
short-term repairs to ensure the property is safe and habitable under
the terms of the Building Code of the Borough of Athens as previously
adopted and amended.[1] Any changes made to the building other than emergency
repairs, and any permanent alterations, shall be subject to the requirements
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon being found liable therefor, pay a fine
of not more than $600, plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
penalty is not paid, the Borough shall initiate a civil action for
collection in accordance with the Pennsylvania Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Borough may enforce this chapter in equity in the
Court of Common Pleas of Bradford County.
