[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 2-28-2022 by Ord. No.
2022-01. Amendments noted where applicable.]
It his hereby declared as a matter of public policy that the
preservation and protection of buildings, structures, and sites of
historic architectural, cultural, archeological, educational, and
aesthetic merit are public necessities and are in the interests of
the health, prosperity and welfare of the people of the Township.
Article I, Section 27, of the Constitution of the Commonwealth of
Pennsylvania states that: "The people have a right to clean air, pure
water and preservation of natural, scenic, historic and aesthetic
values of the environment." The Township seeks to further these goals
as follows:
A.
Identify the historic properties/structures in the Township by adopting
an inventory of historic places in the Township and documenting their
qualities as historic assets.
B.
Encourage historic preservation by:
(1)
Establishing an Historic Commission to advise owners regarding historically
appropriate alterations to structures listed as historic.
(2)
Educating the community about historic preservation and historic
aspects of the Township through workshops, presentations, walking/driving
tours, etc.
(3)
Assisting owners of historic resources with nomination to the National
Register of Historic Places.
(4)
Providing assistance to owners to make ownership of an historic resource
more affordable.
C.
Discourage demolition of historic assets by:
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
below:
The failure to provide ordinary and necessary maintenance
and repair to an historic resource, except for ruins existing at the
time of adoption of this section, where by ordinary negligence or
willful neglect, purpose or design, by the owner or any party in possession
thereof, which results in any of the following: 1) the deterioration
of exterior features so as to create or permit a hazardous or unsafe
condition to exist; 2) the deterioration of exterior walls, roofs,
chimneys or windows, the lack of adequate waterproofing or deterioration
of the interior features or foundations which will or could result
in permanent damage or loss of exterior features; or 3) having a building
or structure open or vulnerable to vandalism or decay by the elements.
The razing or destruction, whether entirely or in significant
part, of the exterior of a building, structure or site. The removal
of 50% or more of the square footage of the exterior walls of a building
will be considered per se significant. The term includes the removal
or stripping of any architecturally significant exterior features
from the historic resource. The term also includes any "demolition
by neglect." Unoccupied resources shall be securely sealed and barred
off and the utilities turned off for safety as per the most current
construction techniques for historic structures.
Those buildings, structures, sites, or complexes of buildings, structures or sites, identified on the Historic Resource Inventory at Chapter A177 of the Township Code. Unless otherwise noted on the Historic Resources Inventory, the historic resource shall be the principal structure on the relevant property.
The principal structure or structures constituting the historic
resource, and any other significant architectural and historic (and,
if applicable, historic engineering) elements of a property and its
associated landscape features that should be preserved to respect
the historic pattern of use of the historic resource; to respect the
interrelationship of the historic features of the property; and to
provide for an adequate visual buffer for the principal structure
or structures and, where appropriate, for an adequate visual buffer
for the other historic features of the site by use of open areas and
appropriate plantings, so that in implementation of these standards,
a historic protection area is created around the historic features
on the property.
The most recent edition of the Secretary of the United States
Department of the Interior's Standards for Rehabilitation and the
most recent edition of the Secretary of the Interior's Guidelines
for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings. Copies of these Interior Department Standards and Guidelines
shall be maintained in the Township Building and available to the
public for inspection and review and incorporated herein by this reference.[1]
The natural elements such as landforms, hillsides, streams,
ponds, forests, and meadows that influence the location and organization
of an historic resource or other landscape features; boundary demarcations
(e.g., fences, walls, planted tree lines, hedgerows, drainage ditches,
or even natural features such as the use of a river or hill to form
a property line); vegetation, including functional and ornamental
trees, shrubs, crops in fields, tree lines along walls and roads,
orchards, groves, wood lots, pastures, gardens, shelter belts and
grasslands; structures other than buildings may include cemeteries,
canals, bridges, dams, earthworks, tunnels, silos, and monuments;
archeological sites, such as road traces, reforested fields, ruins
of early or prehistory settlements, farmsteads, mills, mines, irrigation
systems, piers, wharves and quarries. The sites of prehistoric or
historic activities or occupation may be marked by foundations, ruins,
changes in vegetation and surface remains.
[1]
Editor's Note: The Standards for Rehabilitation are included as an attachment to this chapter.
A.
There is hereby established a Newtown Township Historic Commission
(the "Historic Commission") to be composed of seven members appointed
by the Board of Supervisors, all of whom must be residents of Newtown
Township, and at least four of which with a demonstrated interest
in architectural history, history, historic preservation or community
revitalization and preferably include a registered architect or engineer,
a building or renovation contractor and a licensed real estate agent
or broker. The Historic Commission may provide the Board of Supervisors
with a list of qualified individuals who may be willing to serve on
the Historic Commission. The Board of Supervisors will appoint seven
qualified individuals to the Historic Commission in its sole discretion.
B.
The terms of the Historic Commission members shall be four years.
The terms shall be fixed so that no more than two terms shall expire
each year (except in one year out of four when only one term expires).
The Historic Commission shall notify the Board of Supervisors of any
vacancies in the Historic Commission. Appointments to fill vacancies
for unexpired terms shall be made by the Board of Supervisors for
only the unexpired portion of the term.
C.
Members of the Historic Commission shall serve without pay, but shall
be reimbursed for any personal expenditures in the conduct of Historic
Commission business within budget guidelines previously approved by
the Board of Supervisors.
D.
Historic Commission members must attend all meetings. A member who
is absent for four consecutive regular monthly meetings shall be considered
inactive and will be replaced by appointment of a new member. The
Board of Supervisors may in its discretion remove any member of the
Historic Commission from office for inefficiency, neglect of duty,
misfeasance or malfeasance in office or conflict of interest.
E.
A quorum, required to conduct business at Historic Commission meetings,
shall be a majority of the current membership, a minimum of four votes
will be required to pass any motion or take any action.
F.
The Historic Commission shall hold meetings monthly, or more often as necessary, which shall at a minimum address actions submitted to it by application pursuant to this chapter or Chapter 172, and if no such actions are presented for review, the purposes of the meetings shall be for education of the Historic Commission members and the public on the aspects of historic preservation.
G.
The Historic Commission shall annually elect from its own membership
a Chairman, who will direct the activities of the Historic Commission,
and such other officers as may be required for the conduct of its
business. The Historic Commission may make, alter and rescind rules
and forms for its procedures consistent with the ordinances of the
Township and the laws and regulations of the commonwealth. The Historic
Commission shall keep full public records of its business and shall
submit a monthly report of its activities to the Board of Supervisors.
The duties and responsibilities of the Historic Commission shall
include:
A.
Gathering documentary evidence, illustrations, photographs and other
appropriate materials to establish historic sites worthy of listing
as historic resources, and to maintain a system for the continued
survey and inventory of historic buildings, sites, structures, objects
and potential historic districts in the Township and shall be responsible
for evaluating, compiling, maintaining and publishing the Historic
Resource Inventory, distinguishing on the inventory between Class
I and Class II properties. The Historic Commission shall periodically
review the historic resources on the inventory and recommend additions,
deletions or reclassifications to the Board of Supervisors.
B.
Advising the Board of Supervisors with respect to the demolition
of historic resources in the Township.
C.
Monitoring projects in Newtown Township that may have an impact on
historic resources.
D.
Maintaining regular communication with the Pennsylvania Historical
and Museum Commission and the National Park Service to obtain lists
of historic resources in the Township that are national historic landmarks,
or listed or eligible for the National Register of Historic Places,
and for advice on matters of historic preservation.
E.
Aiding, assisting promoting and performing the nomination of historic
resources in Newtown Township to the National Register of Historic
Places.
F.
To review applications and offer recommendation for any demolition
to any historic resource identified on the Historic Resource Inventory
as a Class I or Class II historic resource. Modifications include
demolition, alterations, or additions.
G.
Reviewing historic impact studies and offering recommendations on
any subdivision or land development applications where any portion
of the property to be subdivided or developed contains an historic
resource.
H.
Considering, promoting and applying for technical and financial assistance,
through the Township, from appropriate local, county, state, federal
and other agencies/organizations in the preservation of significant
historical and architectural sites within the Township, and to report
all related actions to the Board.
I.
Preparing and submitting a proposed yearly budget to the Board for
sums deemed necessary to carry out the objectives of the Historic
Commission, subject always to Board approval of any such budget.
J.
Advising the Township on all requests for special exceptions, conditional
uses or variances affecting historic resources.
K.
Performing any other activities as might be requested by the Board
of Supervisors, Planning Commission or other Township authority.
L.
Generally promoting historic preservation within the Township by
performing any or all of the following:
(1)
Publishing or printing material related to historic preservation.
(2)
Providing historic preservation related material for use on the Township's
website.
(3)
Holding events that foster historic preservation in the Township.
These events may include but are not limited to presentations, tours,
and publication of brochures.
(4)
Gathering information about and educating historic resource owners
about the potential benefits of having a resource listed on the Historic
Resource Inventory including honorary designation, improved development
opportunities, and protection. These benefits may include grants,
tax incentives, and benefits for the protection provided by the state
and federal government historic preservation programs and laws.
(5)
Meeting with owners of historic resources wishing to demolish their
structure in order to discuss viable alternatives.
(6)
Engage in activities that would help owners retain and maintain their
historic resource. These activities would include but are not limited
to creating a list of trades people skilled in the maintenance of
historic structures.
(7)
Documenting historic resources, particularly those scheduled for
demolition.
(8)
Working with owners of historic structures seeking information regarding
the appropriateness of alterations or additions to their structures.
(9)
Coordinating with Township staff in the implementation of the provisions
of the Township Code related to historic resources.
A Historic Resources Inventory is hereby established of buildings, structures and sites, or complexes of buildings, structures and sites, in the Township designated for preservation and which shall be maintained at Chapter A177 of the Township Code. The Historic Resources Inventory and all related notations, references and other data shown thereon, are hereby incorporated herein by reference, and shall be as much a part of this Chapter 93 as if all were fully described herein. The Historic Resources Inventory delineates historic resources in the Township by two classifications, Class I historic resources and Class II historic resources.
A.
Criteria for designation as a Class I historic resource. A building,
structure or site, or a complex of the same, is hereby placed on the
Historic Resource Inventory as a Class I historic resource if it meets
any one of the following criteria, and if following the enactment
of this section a property shall come to meet any of the following
criteria, it shall be added to the Historic Resource Inventory as
a Class I historic resource:
(1)
Is listed in the National Register of Historic Places.
(2)
Has been deemed eligible by the Pennsylvania Historic and Museum
Commission (PHMC) for listing in the National Register of Historic
Places.
(3)
Is designated by the Secretary of the Interior as a National Historic
Landmark.
(4)
Is classified as a certified historic structure by the Secretary
of the Interior.
(5)
Is documented as "contributing resources" in any National Register
Historic District.
(6)
Is documented as "contributing resources" in any local historic district
certified by the PHMC in accordance with Pennsylvania Act 167.
B.
Criteria for designation as a Class II historic resource. A building,
structure or site, or a complex of same, may be placed on the Historic
Resource Inventory as a Class II historic resource if it meets one
or more of the following criteria:
(1)
Is of significant character, interest or value as part of the development,
heritage or cultural characteristics of the Township, county, region,
commonwealth or nation, or is associated with the life of a person
significant in the past;
(2)
Is associated with an event of importance to the history of the Township,
county, region, commonwealth or nation;
(3)
Embodies an icon associated with an era characterized by a distinctive
architectural style;
(4)
Embodies distinguishing characteristics of an architectural style
or engineering specimen;
(5)
Is the noteworthy work of a designer, architect, landscape architect
or designer, or engineer whose work has significantly influenced the
historical, architectural, economic, social, or cultural development
of the Township, county, region, commonwealth or nation;
(6)
Contains elements of design, detail, materials or craftsmanship which
represent a significant innovation;
(7)
Is part of or related to a commercial center, park, community or
other distinctive area which should be preserved according to a historic,
cultural or architectural motif;
(8)
Owing to its unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood,
community or Township;
(9)
Has yielded, or may be likely to yield, information important in
prehistory or history; or
(10)
Exemplifies the cultural, political, economic, social or historical
heritage of the community.
C.
Criteria considerations. An historic resource that is less than 75
years old may only be recommended to be placed on the Historic Resources
Inventory if it is a Class I resource.
D.
Documentation. The Historic Commission shall document the Historic
Resources Inventory with the owner's name and address, the address
or location of the historic resource by address and the Delaware County
real estate tax identification number, and identify and describe the
historic resource if it is not the principal structure on the property,
the approximate year built, recent photographs, an architectural description,
a brief history of the resource, the status as a Class I or Class
II historic resource, and the date the historic resource was added,
changed or deleted from the inventory.
E.
Publication. The Historic Resource Inventory shall be made available
to the public for inspection at the Township Building and may also
be made public through other means including but not limited to publication
on the Township's website.
F.
Procedure for designation or removal. A property may be proposed
for designation on, removal from, or change in classification on the
Historic Resource Inventory by the Historic Commission, the Board
of Supervisors or the property owner, and any such proposal shall
first be referred to the Historic Commission, which shall hold a public
meeting thereon.
(1)
Unless a property is proposed by the owner(s), such owner(s) shall
be notified upon the proposal or receipt of a proposal that their
property be placed on, removed from or reclassified on the inventory
and be asked to respond to such proposal within 30 days.
(2)
At least 30 days before holding a public meeting to consider the
proposal to the Historic Commission shall send notice to the owner
of the property. Such notice shall include the date, time and place
of the public meeting at which the Historic Commission will consider
the proposed action. Notice shall be sent to the registered owner's
last known address as the same appears in the real estate tax records
of the Township and sent to the owner at the street address of the
property in question.
(3)
Any interested party may present testimony or documentary evidence
regarding the proposed addition, removal or reclassification at the
public meeting.
(4)
Following the public meeting, the Historic Commission shall present
its written report to the Board of Supervisors, the applicant and
the owner within 20 days of the close of the public meeting, basing
its recommendation upon those criteria for designation established
in this chapter. A property shall be recommended for removal from
the Historic Resource Inventory or reclassified if it does not currently
meet the criteria for designation. The report shall include a summary
of the information and copies of all documents presented at the meeting
and used by the Historic Commission in making its recommendation.
(5)
Based upon the criteria set forth in this section and after receiving
the recommendations of the Historic Commission, the Board of Supervisors
shall from time to time, by ordinance, add, delete or reclassify buildings,
structures and sites to or from the Historic Resource Inventory. Written
notice of the action of the Board of Supervisors shall be given to
the property owner and any person appearing at the public meeting
of the Historic Commission who requests notification. This addition,
deletion or declassification is a change to the Township's Zoning
Map and the procedures for such shall be in accordance with the Municipalities
Planning Code[1] and Township Code for Zoning Map amendments.
[1]
Editor's Note: See 53 P.S. 10101 et seq.
G.
Burden of proof. In the proceedings to either add, remove or reclassify
a property as an historic resource, the burden of proof shall be on
the proponent of such change to show that the property either meets
or does not meet any one of the applicable criteria for the classification
being proposed.
