[Added 10-5-2022 by Ord. No. 614[1]]
This overlay district that encompasses the entire Borough is
applicable only to properties on the Collegeville Historic Resources
List.
A.
It is the intent of this article to:
(1)
Preserve and protect buildings, structures, sites, and objects
of historic value that exist within the Borough. Preservation of these
historic resources is in the best interest of the health, prosperity,
and welfare of Collegeville Borough by enhancing property values,
improving aesthetics of the built and natural environment, and creating
the potential for heritage tourism.
(2)
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.
(3)
Implement the goals of the Pennsylvania Municipalities Planning
Code, as presented in Section 105 of the Act,[1] and the purposes of Article VI, 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."
[1]
Editor's Note: See 53 P.S. § 10105.
As used in this article, the following terms shall have the
meanings indicated:
The act of dismantling, tearing down, moving, or removing
of any exterior load-bearing portion of a building or structure. Not
included is the removal of exterior, nonstructural architectural elements.
The willful or intentional failure to perform routine maintenance
and/or failure to secure a resource from pests or vandals, and/or
failure to take reasonable measures to prevent ingress of water or
wind through the roof, walls, basement, or apertures, leading to deterioration
and/or structural failure.
The denial of all reasonable beneficial uses or reasonable
financial return on a property as a result of the denial of a permit
under this article.
A building, structure, site or object designated by the Collegeville
Borough as historic.
[1]
Editor's Note: So in original.
A.
Compliance. Collegeville Borough shall prepare and maintain an Historic
Resources List as set forth in this article. Any change to the Historic
Resources List shown on the Historical Overlay shall occur only in
full compliance with the terms of this article and other applicable
regulations.
(1)
For any property shown on the Historic Resources List, the requirements
contained in this article shall:
(2)
All property on the associated parcel, including land and improvements
shown and described on the Historic Resources List is considered part
of the Historical Overlay and is governed by the provisions of this
article.
B.
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 greater
restrictions, the provisions of this article shall prevail.
C.
Timing requirements for issuance of permits and other approvals.
The applicable time periods for issuance of a demolition permit, or
for conducting a public hearing and reaching a decision on a conditional
use, special exception, or variance application, may be altered from
the otherwise stipulated time requirements of this chapter in accordance
with the following:
(1)
As authorized by 35 P.S. § 7210.502, the Pennsylvania
Construction Code, the Zoning Officer shall not be required to issue
a building permit or demolition permit for any property on the Historic
Resources List until all other applicable approvals required by this
article have been obtained and appropriate documentation presented.
(2)
An applicant for conditional use approval from Borough Council
or for a special exception or variance from the Zoning Hearing Board
may, as part of the application submission or as part of the hearing
record, waive or extend the time periods for a hearing and/or decision
that are otherwise applicable under the terms of this chapter and
the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Historic resources list. The Collegeville Borough Historic Resources
List contains properties of importance to the Borough and designated
as "historic resource(s)" on the list. The Historic Resources List
has been adopted by the Borough Council as Attachment 6 of this chapter.
B.
Criteria for designation. A property designated as an historic resource
contain a building, site, structure, object, or grouping thereof determined
by the Borough to be of historical, cultural, or architectural significance
and meeting two or more of the following criteria:
(1)
Is associated with an event that is significant to the history
of Collegeville Borough, the commonwealth, or the nation.
(2)
Is representative of broad patterns of development, heritage,
or culture of Collegeville Borough, the commonwealth, or the nation.
(3)
Is associated with persons or groups of people of significance
to the history or culture of Collegeville Borough, the commonwealth,
or the nation.
(4)
Embodies distinctive characteristics of style, type, period
or method of construction of architecture.
(5)
Is or contains the work of a notable architect, artist, craftsperson,
builder, or developer.
(6)
Has yielded, or may be likely to yield, information important
in prehistory or history.
(7)
Was built prior to 1900.
C.
Adding or removing a property from the Historic Resources List. A property may be added to the Historic Resources List if found to meet two or more of the criteria for designation (§ 680-233B) or removed from the list if it no longer meets two or more of the criteria, according to the following process and subject to legislative action by the Borough Council.
(1)
Nomination and evaluation by the Borough Council. Borough Council
or a Borough resident or business owner shall review and make a recommendation
to the Borough Zoning Officer who may then refer to Borough Council
to have a hearing to determine whether a resource(s) meets two or
more criteria for designation as an historic resource.
D.
Initial designation of historic resources.
(1)
Borough Council identified the initial list of historic resources
in the Borough and listed on the Historic Resources List.
(2)
Prior to enacting this article which includes the properties
listed on the Historic Resources List at Appendix B, Borough Council
held public meetings for the purposes of receiving written and oral
testimony from the public regarding the properties considered for
inclusion on the Historic Resource List. Upon conclusion of the public
meetings, Borough Council voted on each historic resource separately.
The proposed list also received Planning Commission review as part
of the enactment process of this ordinance.
(3)
Written documentation shall be made available to the public
as to how each of the items on the initial Historic Resources List
meet the required criteria as outlined in this article.
The following requirements shall apply to obtaining a building
permit for an historic resource or property on which it is located.
If a demolition permit is not required under the Uniform Construction
Code, historic review is still required under this article.
A.
Applicability of requirements for obtaining a building permit. No historic resource may be demolished, in whole or in part, whether deliberately or by neglect; no new additions or expansions to the historic resource; no construction or reconstruction can take place on a property containing an historic resource, unless a building permit is obtained from the Zoning Officer in accordance with the procedures and requirements of this article using the criteria listed in § 680-237.
C.
The following exceptions or considerations may apply:
(1)
In-kind maintenance and repair. These provisions shall not be
construed to prevent the ordinary maintenance or repair of any historic
resource where such work does not otherwise require a permit and where
the purpose and effect of such work are to correct any deterioration
or decay of, or damage to, an historic resource and to restore the
same to its condition prior to the occurrence of such deterioration,
decay, or damage. The Zoning Officer shall interpret "in-kind" as
being substantially similar, if not identical, to the design and fabric
at the time of the application.
(2)
Emergency repairs. In case of emergency, such as storm or fire
damage, the Zoning Officer may approve a building permit for temporary
measures to stabilize or secure an historic resource. To qualify for
this exception, the applicant must demonstrate that the work will
be "reversible" (i.e., can be removed without altering or damaging
the historic resource and will not further damage the historic resource).
As applied to this section, "temporary" means not more than one year
from the start of construction. The Zoning Officer may approve one
extension of not more than of six months.
(3)
Nonhistoric outbuildings. The Zoning Officer may give consideration
in the form of relief to otherwise applicable sections of this article
for resources that do not contribute to the historical or architectural
significance of the property, such that alterations to or demolition
of these resources do not adversely impact the historic resource(s)
on the property or historic resources on adjacent properties.
D.
Demolition permit application procedure. For all demolition permits,
the Zoning Officer shall receive application and ensure it is complete.
It is the responsibility of the property owner or agent to advise
if the property is an historic resource. Any application submitted
to the Zoning Officer for a demolition permit shall be reviewed to
determine if the property is an historic resource. Once the review
is complete and the property is found to be an historic resource,
the applicant will need to submit a request for public hearing along
with the required fee.
E.
Communication. The Zoning Officer shall provide monthly reports to
Borough Council addressing any activity or actions by the Zoning Officer
regarding historic resources.
F.
Violations and penalties. Any person who demolishes an historic resource in violation of the provisions of this article shall be subject to enforcement under Article V of the Zoning Ordinance. The Borough may also place an additional fine on the property owner that equals the market value of the demolished or destroyed property. Said fine shall be used for the historic preservation purposes as determined appropriate by the Borough.
G.
In the event the Borough Council authorizes the commencement of an action pursuant to §§ 680-235 through 680-238, the Zoning Officer shall issue no building permit for a minimum of five years for any construction proposed for a property containing or having contained an historic resource that was altered or demolished in violation of this article, unless issued for the purpose of restoring the historic resource to its condition and appearance immediately prior to the violation.
No historic resource may be demolished, in whole or in part,
until the applicant obtains a permit from the Zoning Officer in accordance
with the following procedures:
A.
One copy of the application for demolition shall be submitted to
the Zoning Officer. In addition to the current requirements necessary
to complete a building permit application, the application shall include
the following:
(1)
Recent interior and exterior photographs of historic resource
proposed for demolition.
(2)
Floor plans of historic resource proposed for demolition.
(3)
Site plan showing all historic resources, buildings, and structures
on the property.
(4)
Reasons for demolition.
(5)
Future use of the property.
(6)
Method of demolition.
(7)
Proposed disposition of materials.
(8)
Timeline for implementation of the proposed use of the property.
(9)
Economic feasibility of adaptively reusing the historic resource.
(10)
Potential public safety issues posed by the current condition
of the historic resource.
(11)
Demonstration of financial hardship and/or no reasonable economic
use, if applicable. The applicant may be required to prepare a financial
analysis, which may include, but not be limited to, amount paid for
the property, date of purchase and party from whom it was purchased,
and most recent assessed value of the land and improvements. For depreciable
properties, a pro forma financial statement shall be prepared by an
accountant or broker of record. Applicant may be required to demonstrate
there are no assets available for the repair or maintenance of the
property.
(12)
A determination by a professional structural engineer approved
by the Zoning Officer specializing in historic structures that the
building is structurally unsound and cannot be stabilized.
B.
The applicant will be notified by the Zoning Officer of an incomplete
application within 15 days, including information on what portions
of the application are incomplete.
C.
Posting. Within 10 days from the filing of a complete application,
the Zoning Officer or agent thereof will post a notice on the property
indicating that the owner has applied for a permit to demolish an
historic resource on that property. The notice shall be posted on
each street frontage of the property and be clearly visible to the
public.
(1)
Borough Council decision. Within 60 days of receipt of a complete
application for demolition the Borough Council shall, at a public
meeting, adhere to the following procedures:
(a)
The applicant shall be given at least 10 days' notice of the
Borough Council meeting.
(b)
At the meeting, the Borough Council shall consider any evidence,
reports or testimony of interested parties and shall render a decision
to either approve demolition, delay demolition for a period of no
more than 90 days, or deny the application for demolition.
(c)
The decision of the Borough Council shall be communicated to
the Zoning Officer within five days of the meeting.
(2)
Action by Zoning Officer. The Zoning Officer will be directed
to issue, delay or deny issuance of the demolition permit.
A.
All historic resources shall be maintained in good repair and shall
be reasonably protected against decay and deterioration so as to avoid
a condition of demolition by neglect, as defined below. The Zoning
Officer shall evaluate the condition of any such building or structure
against the criteria for demolition by neglect contained in the currently
adopted edition of the International Property Maintenance Code (IPMC)
and shall institute proceedings to avert or remedy such condition
in accordance with the terms of the IPMC, as he deems necessary.
B.
Special requirements shall extend to demolition by neglect as defined in this chapter and per remedies as described in the IPMC, Chapter 3, as amended.
C.
The owner of any historic resource shall not permit such resource
to fall into a state of disrepair, which may result in demolition
by neglect.
D.
Enforcement. Demolition by neglect shall constitute a violation of
this article. The Zoning Officer shall have the power to institute
any proceedings of law or in equity, as provided under the terms of
this article, necessary for the enforcement of this section, including
all remedies set forth under the Collegeville Code of Ordinances,
the Pennsylvania Municipalities Planning Code, and the International
Property Maintenance Code.
A.
Demolition.
(1)
A demolition permit of an historic resource may be issued only
when one or more of the following conditions have been met:
(a)
Denial of the permit would result in economic hardship as defined
in this chapter; or
(b)
The resource poses an imminent threat to the health, safety,
or welfare of its occupants, adjacent properties, or the public; or
(c)
Demolition of the resource is necessary to advance a significant
public interest or benefit.
(2)
In the event that a demolition permit is issued, Borough Council
may require the property owner or responsible party to produce, at
its own expense, written and photographic documentation of the resource
prior to the commencement of demolition activities.
Any person who violates the terms of this article shall be subject to the fines and penalties imposed by Article V of this chapter.
