A.
To promote the general welfare by protecting the integrity of the
historic resources in Pennsbury Township.
B.
To establish a process by which proposed changes affecting historic
resources are reviewed by the Pennsbury Historical Commission, Planning
Commission, and the Board of Supervisors.
C.
To mitigate the negative effects of proposed changes to historic
resources.
D.
To encourage the continued use of historic resources consistent with
preserving the historic character of those resources and to facilitate
their appropriate reuse.
E.
To tailor protective measures to those clearly delineated historic
resources in Pennsbury Township worthy of preservation.
F.
To encourage the preservation of historic settings and landscapes.
G.
To discourage the unnecessary alteration, demolition or destruction
of historic resources.
H.
To educate the residents of Pennsbury about the history and built
environment of the Township, including its cultural and agricultural
heritage and viewsheds.
I.
To serve as a source of information for owners of historic properties
about the Township's architecture, its historic resources, and
their ongoing preservation and reuse.
J.
To implement the Pennsbury Township Comprehensive Plan of 2006, as
amended.
K.
To implement the goals of the Pennsylvania Constitution, Article I, Section 27, which establishes the state policy of encouraging the preservation of historic and aesthetic resources and the purposes of Section 603(b)(2), Section 604(1), and Section 605(2)(vi) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. §§ 10603(b)(2),
10604(1) and 10605(2)(vi), respectively.
A.
Compliance. Any demolition of or involving a historic resource shown
on the Historic Resources Map shall occur only in full compliance
with the terms of this article and other applicable regulations. For
any historic resource shown on the Historic Resources Map, the requirements
of this chapter shall apply, in addition to those applicable to the
property on which the historic resource is located by reason of the
zoning district in which such property is located.
B.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants or
deed restrictions.
A.
Historic Resources Map. There shall be a Historic Resources Map adopted
as part of this chapter which shall delineate and classify each historic
resource as being either a Class I historic resource or a Class II
historic resource, defined as follows:
(1)
Class I historic resources shall include the following:
(a)
All buildings, structures, or sites individually listed on the
National Register of Historic Places or designated as a National Historic
Landmark or designated as a "contributing" resource in a National
Register of Historic Places nomination or in a National Historic Landmark
nomination. The source for this determination shall be a copy of the
National Register of Historic Place nomination or National Historic
Landmark nomination that has been certified by the National Park Service.
(b)
Buildings, structures, or sites listed as contributing resources
to a historic district listed on or eligible for the National Register
of Historic Places. The source of this information shall be a copy
of the National Register of Historic Places nomination that has been
certified by the National Park Service or a determination of eligibly
(DOE) for listing on the National Register of Historic Places by the
Bureau for Historic Preservation of the Pennsylvania Historical and
Museum Commission (PHMC).
(c)
Buildings, structures, or sites determined eligible (DOE) for
listing on the National Register of Historic Places by the Bureau
for Historic Preservation of the Pennsylvania Historical and Museum
Commission (PHMC).
(2)
Class II historic resources shall include the following:
(a)
Buildings, structures, or sites included in the Historic Resources
Map of Pennsbury Township and documented on a Pennsylvania historic
resource survey form, which retain local, state, or national significance
per National Register criteria or for their local significance and
meeting one or more of the criteria listed below:
[1]
That are associated with events that have made
a significant contribution to the broad patterns of local, state or
national history.
[2]
That are associated with the lives of persons significant
in local, state or national history.
[3]
That possess the distinctive characteristics of
a type, period, or method of construction or that represent the work
of a master, or that possess high artistic values, or that represent
a significant and distinguishable entity whose components may lack
individual distinction.
[4]
That exhibit a high degree of original architectural
integrity. This integrity should be judged in light of the architectural
period best represented by the buildings and not conjecture on how
the resource once appeared.
[5]
That have yielded or may be likely to yield, information
important in history or prehistory.
[6]
That are architecturally significant.
B.
Adoption and revision. After receiving the recommendations from the
Historical Commission in consultation with the Planning Commission,
the Historic Resources Map may be revised from time to time by resolution
of the Board of Supervisors. In considering adoption of or any revision
to the Historic Resources Map, including additions, deletions, or
changes of classification, the procedure shall be as follows:
(1)
Any property may be proposed for addition to or removal from
the Historic Resources Map, or for a change in classification (Class
I or Class II) by:
(a)
The owner of such property;
(b)
By the Historical Commission;
(c)
By the Board of Supervisors; or
(d)
By notice from the designating organization (Pennsylvania Historical
and Museum Commission or National Park Service) that the historic
resource no longer meets the criteria upon which its classification
has been based.
(2)
All proposals for addition to or removal from the Historic Resources Map, or for a change in classification (Class I or Class II), shall be referred to the Historical Commission, who shall hold a public meeting thereon, after written notice is sent to the owner(s) of the property affected. The Historical Commission shall consider oral testimony or documentary evidence regarding the proposal at the public meeting, describing how or why, the building, structure, or site meets or does not meet the criteria for designation of historic resources set forth in Subsection A, above. The Historical Commission, in consultation with the Planning Commission, shall present a written report to the Board of Supervisors within 30 days following the public meeting stating its recommendation regarding the subject proposal. A resource shall be recommended for removal from Class I if it does not currently meet the definitional criteria set forth in Subsection A, above. Buildings, structures, or sites removed from Class I may be designated as Class II unless they do not currently meet any of the criteria set forth in Subsection A, above in which case they may be removed altogether from the Historic Resources Map.
(3)
Written notice of the proposed action of the Board of Supervisors
shall be given to the property owner at least 30 days prior to the
date of the meeting where the resolution will be considered. Failure
to give such notice, or failure of the owner to receive such notice,
shall not, however, render void the action of the Board of Supervisors
taken at such public meeting unless otherwise provided by law.
A.
Demolition of historic resources by neglect. No historic building
or structures shall be demolished by neglect. Demolition by neglect
includes, but is not limited to, leaving a building open or vulnerable
to vandalism or decay by the elements. Unoccupied historic buildings
or structures should be tightly sealed. Historic resources, whether
occupied or vacant, shall comply with Township property maintenance
codes.
B.
Demolition of historic resources by permit. The following procedure
is established for the issuance of a permit for demolition of a historic
resource in order to facilitate the purposes of this article and to
allow for the consideration by and presentation to its owner/applicant
of alternatives to the demolition or disturbance of the historic resource:
(1)
Demolition permit. No historic building, structure, or site
designated as a historic resource and identified as such on the Historic
Resources Map shall be intentionally demolished, razed, or otherwise
disturbed, eradicated or destroyed, in whole or in part, unless a
permit is obtained from the Code Enforcement Officer in accordance
with the procedures and requirements of this section and other applicable
standards and procedures of Township ordinances and codes. The Code
Enforcement Officer shall not make a decision on an application for
a demolition permit for an historic resource until issuance of the
recommendation of the Board of Supervisors as required by this section.
(2)
Removal of existing significant exterior architectural features.
Demolition, for purposes of the foregoing permit requirements, shall
include the removal of any existing significant exterior architectural
features on a historic resource if such feature(s) is identified as
such on a National Register nomination or Pennsylvania historic resources
survey form, or so deemed by the Historical Commission.
(3)
Preapplication meeting required.
(a)
A meeting between the applicant and the Historical Commission
shall be required prior to the official submittal of a demolition
permit application. The purpose of this meeting is to foster communication
about the demolition proposal and possible alternatives for the resource
in question. This meeting will also include a discussion of the extent
and scope of the proposal including but not limited to whether the
proposal entails routine maintenance and replacement-in-kind, and/or
demolition of existing significant exterior architectural features
or the resource itself.
(b)
Within seven days of the preapplication meeting, the Historical
Commission shall submit a summary of the meeting to the Planning Commission
for its information.
(4)
Application requirements for the demolition of a historic resource.
In addition to applicable requirements under the Township building
codes, any applicant seeking a permit to demolish a historic resource
shall provide the following with regard to that historic resource:
(a)
Name of legal and equitable owner of record.
(b)
Classification on Historic Resources Map.
(c)
Measured site plan showing the locations, dimensions, use, height
of all buildings and structures on the lot on which the historic resource
is located in relation to lots lines, roadways, and natural features.
(d)
Photographs of the historic resource proposed for demolition
depicting its appearance at the time of application. Photographs of
historic buildings or structures must include each exterior elevation.
(e)
In-depth reasons for the proposed demolition.
(f)
Method of proposed demolition.
(g)
Future uses of the site and of the materials from the historic
resource proposed for demolition.
(h)
Consideration of the potential for the presence of significant
archaeological resources.
(i)
Explanation of the uses for the historic resource which the
applicant has considered prior to, or instead of, demolition.
(5)
Application. The applicant shall submit 10 copies of an application
for a demolition permit involving a historic resource, with all of
the aforesaid information, to the Code Enforcement Officer. The Code
Enforcement Officer shall forward the complete application to the
Historical Commission for review, and to the Planning Commission for
its information, but shall reject and return an incomplete application.
The time periods for review and decision of this section shall not
commence until the Code Enforcement Officer notifies the applicant
in writing that a complete application has been accepted for filing.
(6)
Review by Historical Commission. Within 60 days of receipt of
a complete application from the Code Enforcement Officer, the Historical
Commission, at a regular or special meeting, shall review the application
for demolition. The applicant shall be notified of such meeting at
least 20 days prior to its date and shall have the opportunity to
present reasons for filing the application and such other relevant
information as the applicant desires. The Historical Commission shall
consider the following:
(a)
The effect of demolition on the architectural or archaeological
significance and integrity of the historic resource in question and
neighboring historic resources;
(b)
Whether the applicant has demonstrated that he/she has considered
all alternatives to demolition of the historic resource;
(c)
Economic feasibility of adaptive reuse of the historic resource
proposed for demolition;
(d)
Alternatives to demolition of this historic resource;
(e)
Whether the historic resource in its current condition presents
a threat to public safety;
(f)
Whether the maintenance of the historic resource has been neglected;
(g)
Whether the required retention of the historic resource would
represent an unreasonable economic hardship;
(h)
Whether the applicant has submitted sufficient information to
assess the potential for preservation or adaptive reuse of the historic
resource;
(i)
Whether there is a potential for significant archeological resources
to be adversely affected as a result of the demolition of the historic
resource, and whether archaeological mitigation of the adverse effect
would be economically feasible or represent an unreasonable economic
hardship.
(j)
The Historical Commission may request that the Board of Supervisors require that the applicant submit the financial analysis referred to in Subsection B(10), below, to the Historical Commission as part of this Historic Commission review for the purpose of further assessing the application under review.
(k)
For applications for routine maintenance or replacement-in-kind
of existing significant exterior architectural features and elements
on historic resources, the Historical Commission shall consider the
scope, method, and materials used in the maintenance or in-kind replacement
and whether any changes are proposed that would alter the historical
or architectural significance of the historic resource in question.
(7)
Recommendation by the Historical Commission.
(a)
The Historical Commission shall, after conducting the meeting
as aforesaid, make a recommendation to the applicant and the Board
of Supervisors, with a copy to the Planning Commission, within 30
days of the meeting date as to whether the historic resource should
be demolished as requested by the applicant or, in the alternative,
as to uses for the historic resource that should be considered or
other actions that could be taken by the applicant or the Board of
Supervisors to promote the preservation of the historic, cultural,
educational, and other values represented by the historic resource.
(b)
In the case of routine maintenance and/or replacement-in-kind
applications, the Historical Commission will make a recommendation
of approval or denial of the application to the Code Enforcement Officer
within 45 days who will notify the applicant if the routine maintenance/replacement-in-kind
application has been approved or denied.
(8)
Board of Supervisors recommendation.
(a)
Within 30 days after receiving the recommendation from the Historical
Commission, the Board of Supervisors shall consider the application,
together with the comments of the applicant and the recommendations
of the Historical Commission, and render a decision to either recommend
approval or denial of the application or defer their decision for
up to 90 days as set forth below for the purpose of allowing the applicant
or the Township to gather further information regarding the historic
resource, any possible alternative uses for the historic resource,
or any other possible action or actions that could promote preservation
of the historic resource.
(b)
If the recommendation is deferred (and a financial analysis
has not been previously submitted), the Board of Supervisors may,
at its discretion, direct the applicant to prepare a financial analysis
containing the information described below or to perform or cause
to be performed evaluations or studies, as are reasonably necessary
in the opinion of the Board of Supervisors, to determine whether the
historic resource has or may have alternate uses consistent with preservation
of the historic resource. Such information may include: historical
data, surveys, and other data provided by local, state, and federal
historic preservation organizations and agencies; photographs; floor
plans; measured drawings; archaeological surveys (if appropriate);
and any other comparable form of documentation recommended by the
Historical Commission. The extent of documentation required shall
reasonably relate to the architectural quality and/or historical significance
of the historic resource.
(c)
If the applicant is directed to prepare a financial analysis
or to perform, or cause to be performed, other evaluations or studies,
as aforesaid, the ninety-day deferral period above shall be extended
a period of 60 additional days after the complete submission of such
information is delivered to the Township.
(d)
The applicant shall be notified of the Board of Supervisors
meeting at which the application for demolition is to be considered
at least 20 days prior to the date of the meeting, and shall have
the opportunity to present the applicant's reasons for demolishing
the historic resource and filing the application. Within five days
of making its decision, the Board of Supervisors shall provide written
communication of its decision to the applicant, Historical Commission,
Planning Commission, and Code Enforcement Officer.
(e)
Nothing herein shall be deemed to limit the authority of the
Code Enforcement Officer to deny a permit for:
(9)
Historical Commission recommendation. During the period of the
delay, but prior to the expiration of the delay period, and before
the Board of Supervisors has acted on the permit application, the
Historical Commission shall, if requested by the Board of Supervisors,
review the application again and any further documentation requested
by the Board of Supervisors. The Historical Commission may recommend
to the Board of Supervisors approval or denial of the demolition application
or any other recommendations the Historical Commission deems appropriate
for the preservation of the historic resource. The Historical Commission
shall communicate its recommendation in writing to the Board of Supervisors
before the Board of Supervisors acts upon the application for the
demolition permit during the deferral period.
(10)
Financial analysis for the demolition of a historic resource.
(a)
The Board of Supervisors may require, as aforesaid, an applicant
to prepare and submit as part of the application a financial analysis,
which shall be verified as true and correct by the applicant, which
shall include at least the following:
[1]
Amount paid for property, date of purchase and
party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased.
[2]
Assessed value of the land and improvements thereon
according to the most recent county real estate tax assessment.
[3]
If the resource is a Class I or Class II historic
resource, financial information for the previous two years which shall
include, as a minimum, annual gross income from the property, itemized
operating and maintenance expenses, real estate taxes, annual debt
service, annual cash flow, the amount of depreciation taken for federal
income tax purposes, and other federal income tax deductions produced.
[4]
Cost of restoration for permitted uses pursuant
to existing zoning, prepared by a certified engineer or architect
experienced in the restoration of historic resources of the type proposed
for demolition.
[5]
Cost of identification, and/or mitigation of significant
archaeological resources.
[6]
An appraisal of the fair market value of the property
in its existing condition and the estimated fair market value after
restoration for permitted uses pursuant to existing zoning, prepared
by a Pennsylvania licensed real estate appraiser.
[7]
An analysis of the economic viability of the property
for sale or rental as it exists and after restoration.
[8]
Bona fide offers to purchase or rent the property,
including asking price and offers received.
[9]
Any consideration by the applicant as to economical
adaptive uses for the property.
(b)
Any costs incurred by the Historical Commission, as agreed to
by the applicant, to review plans or studies submitted to the Historical
Commission's consultant specifically retained for this purpose,
shall be reimbursed to the Township by the applicant.
(11)
Issuance or denial of demolition permit. Where the Board of
Supervisors acts to approve the application for the demolition permit,
the Code Enforcement Officer shall issue the demolition permit to
the applicant (provided all other ordinance and code requirements
of the Township have been satisfied). Where the Board of Supervisors
acts to deny the demolition permit, the Board of Supervisors shall
state the recommended measures for the preservation or adaptive use
of the historic resource. The Board of Supervisors shall state the
reasons why a demolition permit was approved or denied. The applicant's
failure to comply with any requirement of this section shall be sufficient
reason for a Board recommendation of denial of a demolition permit
and denial of the permit by the Code Enforcement Officer. Such permit
approval or denial action shall be taken by the Code Enforcement Officer
within 10 days after the decision of the Board of Supervisors.
(12)
No permit shall be issued for the demolition of Class I or Class
II historic resource unless the Board of Supervisors finds that the
Class I or Class II historic resource cannot be used for any purpose
for which it is or may be reasonably adapted. In order to show that
the Class I or Class II historic resource cannot be used for any purpose
for which it is or may be reasonably adapted, the applicant must demonstrate
that the sale, rental, or use of the property is impracticable, because
a sale or rental cannot provide a reasonable rate of return and that
other potential uses of the property authorized by the Zoning Ordinance,
and specifically this article, which would provide a reasonable rate
of return, are not possible.
(13)
Documentation required. Prior to issuance of the demolition
permit, the Historical Commission may require that the applicant/owner
document the historic resource proposed for demolition. Such documentation
may include photographs, floor plans, measured drawings, archeological
survey or other form of documentation necessary to adequately record
the history and architectural features of the historic resource. The
Historical Commission may also require that the applicant/owner remove,
preserve, and donate to the Township exterior and interior architectural
features or elements of the historic resource.
(14)
Appeal. Appeal of any action of the Code Enforcement Officer
in issuing the permit or declining to issue the permit shall be to
the Zoning Hearing Board in accordance with applicable provisions
of the Municipalities Planning Code and this article and chapter.
A.
Purpose. It is declared that certain buildings, structures, and sites
in Pennsbury Township are of such historic nature and character that
their preservation will serve to protect the character of the Township
and the value of the land and will also serve to educate present and
future generations of Township residents as to the history of the
Township and its people. It is also declared that many historic resources
located in Pennsbury Township have become obsolete in size or layout
or are expensive to renovate or reuse for uses that are otherwise
allowed in underlying zoning districts. It is the purpose of this
section to encourage the preservation of historic resources by permitting
alternate uses for such historic resources compatible with their historic
character and appearance, subject to various bulk and area requirements
and other restrictions as set forth in this section, article, and
chapter.
B.
Where approved by the Board of Supervisors as a conditional use in accordance with § 162-2308, and upon review and recommendation by the Historical Commission in consultation with the Planning Commission, the following special uses may be permitted for historic resources. Specifically, such special uses shall be available for a historic resource located in the VR or VC Zoning District as a second principal use in addition to those uses otherwise permitted in the underlying VR or VC Zoning Districts, and shall be available for a historic resource in place of any use permitted in any other underlying zoning district in which the historic resources is located as follows. It is intended that these special uses, not otherwise permitted in the underlying zoning district, shall be principally contained within Class I or Class II historic resources.
(2)
Single professional office that is characterized by low frequency of customer, client, and vendor visitation as well as low occupant density, in accordance with § 162-2039. This special use shall only be permitted on properties with frontage on Route 1, Route 52, and Route 926.
(3)
Bed-and-breakfast lodging, in accordance with § 162-2010. This special use shall only be permitted on properties with frontage on Route 1, Route 52, S. Creek Road, and Route 926.
A.
The Board of Supervisors, through the grant of a conditional use, may approve modifications to the otherwise applicable lot size, lot dimension, yard requirements or other bulk and area requirements in the underlying zoning district on the extension or enlargement of permitted and nonconforming uses for plans affecting historic resources, in accordance with the criteria set forth under § 162-2308, and provided the following additional criteria are met:
(1)
Where a historic resource exists on a site that is to be subdivided
or developed, there shall be a lot area of sufficient size to preserve
those portions and features of the historic resource which are significant
to its historical, architectural and cultural values and to allow
for landscaping, and buffering or screening that protects the historic
resource from the impact of surrounding development.
(2)
The modification or rehabilitation shall have the effect of
encouraging the continued preservation or adaptive reuse of the historic
resource.
(3)
The applicant shall present and agree to comply with plans for
the rehabilitation, alteration or enlargement of a historic resource
shown on the application for conditional use and must be in substantial
compliance with the following standards for rehabilitation (derived
from the U.S. Secretary of the Interior's Standards for Rehabilitation):
(a)
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.
(b)
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 shall be avoided when possible.
(c)
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.
(d)
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.
(e)
Distinctive stylistic features or examples of skilled craftsmanship,
which characterize a building, structure or site, shall be treated
with sensitivity and preserved whenever possible.
(f)
Deteriorated architectural features shall be repaired rather
than replaced wherever possible. In the event replacement is necessary,
the new material shall match the material being replaced in composition,
design, texture and other visual qualities. Repair or replacement
of missing architectural features shall be based on accurate duplications
of features, substantiated by historic, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(g)
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.
(h)
Every reasonable effort shall be made to protect and preserve
archeological resources affected by, or adjacent to, any project.
(i)
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.
(j)
Wherever feasible, 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 will be unimpaired.
B.
Compliance. Determinations of compliance with these standards shall
be made by written report of the Historical Commission, using the
Secretary of the Interior's Guidelines for Rehabilitating Historic
Buildings to apply the standards to each project.
A.
Landscaping and buffering.
(1)
Landscaping. 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 Class I or Class
II historic resource may be required, as follows:
(a)
The plan shall be prepared by a registered landscape architect
or by a nurseryman or other individual deemed qualified by the Historical
Commission or Board of Supervisors.
(b)
The plan shall show all pertinent information, including the
location, size and species of all individual trees and shrubs to be
removed, relocated, planted or preserved.
(c)
Through screening, buffering and selection of plant material,
the plan should strive to minimize the impact of the proposed development
on the historic resource and protect its integrity of setting and
any significant vegetation.
(d)
The plan shall be reviewed by the Historical Commission and
submitted by them with written recommendations to the Board of Supervisors
prior to any decision by the Board of Supervisors on the subdivision
or land development plan.
(2)
Buffering. When any major subdivision, any land development,
or any nonresidential use is proposed on a property, any boundary
of which is within 500 feet of an exterior wall of a Class I or Class
II historic resource, the applicant may be required to submit a buffering
plan, as follows:
(a)
The plan must depict how the historic resource will be buffered
against the deleterious impacts of the proposed development. Buffering
may include, but need not be limited to vegetative screening and fencing.
(b)
The appropriateness and effectiveness of the proposed buffering
shall be reviewed by the Historical Commission to the Board of Supervisors
prior to any decision by the Board of Supervisors on the subdivision,
land development or nonresidential use proposal.
B.
Lighting. For Class I and Class II historic resources, the following lighting standards shall apply in addition to those in Article XIX:
(1)
The use of non-cutoff fixtures shall not be permitted.
(2)
Lighting should be consistent with the historic architectural
style of the building.
(3)
If lit, light and highlight signs with indirect lighting, such
as small goose-neck lights or small remote spotlights.
(4)
Where possible, down-lighting should be used.
C.
Signs. For Class I and Class II historic resources, the following sign standards shall apply in addition to those in Article XXI:
(1)
Permits. Signs within the Brandywine Battlefield National Historic
Landmark Planning Area, Fairville Village Historic District, the Route
1 Corridor Overlay District, or on or within 100 feet of a historic
resource shall be reviewed by the Historical Commission and Planning
Commission. No permit for a sign shall be issued by the Zoning Officer
prior to the review of and comment on the application in accordance
with the terms of this section.
(2)
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by Article XXI, within five days of receipt of a complete application.
(3)
Historical Commission. The Historical Commission shall, within
20 days of receipt of a complete application or at the next regular
monthly meeting, review the plans or diagrams and prepare a written
statement to the Zoning Officer, with a copy to be sent to the applicant,
indicating whether the plans will have any detrimental effect on the
architectural integrity or the public view of a historic resource.
The statement shall indicate what specific changes can be made to
mitigate detrimental effect.
(4)
Issuance of permit.
(a)
Upon receiving a statement of no detrimental effect from the
Historical Commission, and providing the plans or diagrams satisfy
all other requirements of the Township, the Zoning Officer shall issue
the permit.
(b)
If the Historical Commission's statement indicates that
the plans or diagrams will have a detrimental effect, the Zoning Officer
shall not issue the permit until the plans or diagrams have been revised
by the applicant in accordance with the Historical Commission's
recommendations.
D.
Parking. For Class I and Class II historic resources, the following parking standards shall apply in addition to those in Article XIX:
(1)
Other than access driveways from the street, no driveway, parking
lots, drive aisles or parking shall be located or permitted in the
front yard.
[Amended 4-20-2016 by Ord. No. 2016-04-20-1]
(2)
Rear parking shall be encouraged. Access may be from a common
alleyway which runs along the rear of all properties in the block.
(3)
Shared parking shall be encouraged between two or more commercial
uses operating in close proximity to one another.
(4)
All parking areas shall be lighted where permitted or required,
and landscaped in such a way as to maintain the rural Township character.
A.
Purpose. The objective of the impact statement is to provide the
Township with enough information and data to evaluate the impact of
the proposed land development on historic resources in the Township
and encourage the preservation of those resources to the maximum extent
possible. The impact statement shall be prepared by and individual
qualified by education and/or experience in historic preservation.
B.
Applicability. A historic resource impact statement shall be required
when any of the following are proposed:
(1)
Preliminary subdivision or land development plans proposing
improvements or disturbance on land within 500 feet of the exterior
walls of any Class I or Class II historic resource, or on land on
which historic resources are located.
(2)
General bridge or highway construction or substantial repair
passing within 500 feet of the exterior walls of any Class I or Class
II historic resource.
(3)
Subdivision or land development plans proposing adaptive reuse
or demolition of a Class I or Class II historic resource.
(4)
Subdivision or land development plans which may impact primary
archaeological sensitive areas, especially prehistoric sites, in which
case an archaeological impact study shall be submitted and, if archaeological
resources potential exists, a Phase I Archaeological Study shall be
conducted.
(5)
Change in traffic patterns due to a subdivision or land development,
in order to ensure the road/traffic plans are context sensitive protecting
the safety and character of the historic resource, its environment,
and other neighboring historic resources.
C.
Contents. The historic resources impact statement shall include the
following information:
(1)
Background information.
(a)
If not otherwise provided by the applicant, a general site description
and plan, including topography, watercourses, vegetation, landscaping,
existing drives, etc.
(b)
General description and classification of all Class I or II
historic resources located on the land to be developed and within
500 feet of any proposed land development, improvement, or disturbance.
(c)
Physical description of all Class I or II historic resources.
(d)
Narrative description of the historical development of the tract
in question as well as a description of the historical and architectural
significance of each Class I or II historic resource.
(e)
Photographs (a minimum of four inches by six inches in size)
illustrating each Class I or II historic resource in its setting.
(2)
Assessment of potential impacts of development on historic resources.
A description of impact of the proposed development on each Class
I or II historic resource, with emphasis on the impact to architectural
integrity, historic setting, and future viable use.
(3)
Mitigation measurers. A description of suggested approaches
to be undertaken by the developer to minimize potentially negative
impacts to Class I or II historic resources, including design alternatives,
buffering, landscaping, conservation of existing vegetation, and any
other appropriate measurers permitted under the terms of this and
other Township ordinances.
D.
The Historical Commission will review the impact statement and submit
it along with a written recommendation to the Board of Supervisors
before the Board of Supervisors makes a decision regarding the land
development plan. The potentially negative impacts shall be mitigated
by measures satisfactory to and approved by the Board of Supervisors.
The mitigation shall be completed and implemented contemporaneously
with the development or construction requiring the impact statement.
A.
Historic resources for the purpose of this subsection are historic
resources located on properties classified as Class 1 or Class 2,
on the Pennsbury Township Historic Resource Map, as amended.
B.
In order to facilitate the purposes of this article and the exchange
of ideas between a historic resource owner and the Historical Commission,
the following procedure is established for the issuance of a building
permit for the renovation, restoration, or rehabilitation of a historic
resource.
C.
Procedures for renovation, restoration or rehabilitation of a historic
resource.
(1)
A meeting between the historic resource owner and the Historical Commission shall be required prior to the commencement of any work on the renovation, restoration, and rehabilitation of a historic resource. If the project requires a building permit, the requirements of this subsection shall be met in addition to all applicable Township procedures and codes. The Building Official shall not make a decision on an application for a building permit for a historic resource until the issuance of the report of the Historical Commission as set forth herein. The application for a building permit for the renovation, restoration, and rehabilitation of a historic resource shall not be accepted for filing by the Township until the requirements of this § 162-1709 are met.
(2)
Preapplication meeting. At the preapplication meeting, the Commission
and the owner shall discuss the project and the following items, which
the owner shall produce at the meeting:
(a)
Name of legal and equitable owner of record of the historic
resource.
(b)
Classification of the historic resource listed on the Pennsbury
Township Historic Resources Map.
(c)
A brief description of current condition of the historic resource,
including, but not limited to, the condition of its roof, exterior
walls, windows, doors, and the integrity of its structure and foundation.
(d)
A brief statement of the goals and intentions of the renovation, restoration, or rehabilitation, including whether the project will involve any demolition. If any such demolition falls within the demolition of historic resource definition of Article II, it shall be governed by that § 162-1704, but may be administratively processed in coordination with this section.
(e)
Photographs of the historic resource depicting the appearance
at the time of meeting, including but not limited to all exterior
elevations.
(f)
A sketch plan or drawing showing the proposed work.
(3)
Within 10 days following the preapplication meeting, the Historical
Commission shall submit a summary report of the meeting with recommendations,
to the owner, the Building Official, the Board of Supervisors and
the Planning Commission for their information.
(a)
In the case of proposals determined to be routine maintenance,
replacement-in-kind or of a size and magnitude that the Commission
determines that further meetings regarding the project are unnecessary,
the Commission shall so notify the Building Official in its summary
report, and the Building Official shall process the proposal as a
regular building permit application (expedited procedure).
(b)
In the case of proposals determined by the Commission to be
of such size, magnitude and complexity that the Commission needs additional
design development and implementation information regarding the project,
the Commission may continue the meeting, as it deems appropriate.
At any such continued meeting or meetings, the Commission may request
that the owner provide additional information. This may include a
site visit to see the historic resource in relation to other buildings
on the site, lot lines, setbacks, roadways and natural features. The
Historical Commission shall submit a summary report of each continued
meeting to the owner, the Building Official, the Board of Supervisors
and the Planning Commission for their information.
(4)
Building permit application process. After the conclusion of
the preapplication meeting or continued meetings, the owner shall
submit an application for a building permit for the project to the
Building Official, if required. The Building Official shall forward
the completed application to the Historical Commission for review,
and to the Planning Commission and Board of Supervisors for their
information, but shall reject and return an incomplete application.
In addition to application requirements under the Township building
codes, any applicant seeking a permit for renovation, restoration,
or rehabilitation of a historic resource, that has not been determined
to be governed by the expedited procedure, shall provide the following
information with the application:
(a)
All information provided at the preapplication meeting or continued
meetings with the Historical Commission.
(b)
Measured site plans, floor plans, and exterior elevations for those areas of the historic resource that are involved in or impact by the project, showing existing conditions, and proposed changes resulting from the project, if not provided under Subsection C(4)(a) above.
(c)
List of items to be salvaged, if applicable.
(d)
Information regarding the potential for significant impact on
archeological resources or neighboring historic resources.
(5)
Review by Historical Commission. Within 30 days of receipt of
a complete application from the Building Official, the Historical
Commission, at a regular or special meeting, shall review the application.
The applicant will be notified of the meeting and shall have the opportunity
to be present and contribute information to the Commission regarding
the application.
(6)
Report by the Historical Commission. Within 30 days of the application
review meeting, the Historical Commission shall issue its report to
the Building Official with copies to the applicant, the Board of Supervisors
and the Planning Commission. The report shall set forth the Commission's
recommendations as to how the restoration, renovation or rehabilitation
may be accomplished to best promote the preservation of the historic,
architectural, cultural, educational, and other values represented
by the historic resource.
