[Ord. 423, 3/15/2005]
1. 
Upon receipt of an application for a zoning, building or sign permit for work to be done in the Historic District, or for work requiring a certificate of appropriateness but not a building permit, the Zoning Officer and/or Building Inspector shall act in accordance with the procedures required under the Zoning [Chapter 27] and/or Building Construction [Chapter 5, Part 1] and/or Historic District Ordinances [this Chapter], except as those procedures are necessarily modified by the following requirements:
A. 
At least 14 calendar days prior to a regularly scheduled meeting of HARB, the applicant shall submit 10 complete copies of the application for certificate for appropriateness and additional information advisable for the applicant to submit for a proper review of the application.
B. 
Within seven days following the receipt of an application:
(1) 
The Borough Secretary shall check the submission for completeness and, if the submission is incomplete, shall return the submission to the applicant and indicate the deficiencies. The Historic Building Inspector or HARB’s designee shall advise the Borough Secretary of additional submission requirements designated in §11-602.
(2) 
If the submission is complete, the Borough Secretary shall forward the documents to the Zoning Officer and/or Building Inspector to determine whether the application meets the requirements of the Zoning [Chapter 27] and/or Building Construction [Chapter 5, Part 1] Ordinance.
(3) 
If it is determined that the submission meets the requirements of the Zoning [Chapter 27] and/or Building Construction [Chapter 5, Part 1] Ordinance, the Borough Secretary shall distribute copies of the plans to HARB.
C. 
The Building Inspector and/or Zoning Officer shall not issue a zoning or sign permit or a building permit for any erection, alteration, reconstruction, repair, restoration or demolition of all or part of any building in the Historic District until Borough Council has issued a certificate of appropriateness. If, due to an administrative or clerical error, the Building Inspector and/or the Zoning Officer or his/her representative issues a zoning, building or sign permit without a certificate of appropriateness said building, sign or zoning permit shall be voided.
D. 
The Zoning Officer shall maintain in his office a record of all such applications and shall issue a certificate of occupancy or certificate of approval for the completed work.
[Ord. 423, 3/15/2005]
Council may, by resolution, establish a fee for an application for certificate of appropriateness.
[Ord. 423, 3/15/2005]
1. 
At its first regular meeting following receipt of the application from the Borough Secretary and the fourteen-day waiting period, HARB shall consider the advice that it will give to the Borough Council. The applicant shall be given not less than three calendar days' written notice of the time and place of said meeting of HARB. It is mandatory for the applicant or his/her representative to attend the HARB meeting. In the event the applicant or his/her representative does not attend said meeting, HARB may terminate the application. Should HARB terminate the application, it will notify the applicant within five days of such termination and advise the applicant that a new application must be submitted.
2. 
HARB or the applicant may invite such other persons as it desires to attend its meeting.
3. 
HARB shall not consider any matters not pertinent to the historical aspect and nature of the district.
4. 
Procedures advising to grant a certificate of appropriateness:
A. 
If HARB decides to advise in favor of granting a certificate of appropriateness, HARB shall issue a written report to Borough Council including the following information:
(1) 
The exact location of the area in which the work is to be done.
(2) 
The exterior changes to be made or the exterior character of the structure to be erected.
(3) 
A list of property owners of the surrounding structures or, preferably, photographs of surrounding structures showing their general characteristics or a verbal description thereof.
(4) 
The effect of the proposed change upon the general characteristics and specific architectural and period fixtures.
(5) 
The appropriateness of exterior architectural features, including signs that can be seen from a public street or right-of-way.
(6) 
The general design, arrangement, texture and material of the building or structure and the relation of such factors to similar features of buildings or structures in the district.
(7) 
The opinion of HARB (including any dissent) as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district.
(8) 
The changes in plans or specifications, if any, which in the opinion of HARB would protect the distinctive character of the district.
(9) 
The specific advice of HARB to issue a certificate of appropriateness.
5. 
Procedures advising against issuing a certificate of appropriateness:
A. 
If HARB decides to advise against issuing a certificate of appropriateness, HARB shall:
(1) 
Indicate to the applicant, via written response sent by certified mail within five working days of the meeting, changes in plans and specifications, if any, which in the opinion of HARB would protect the distinctive historical character of the Historic District. Following its decision, HARB shall withhold its report to the Borough Council until the applicant gives written notification to HARB whether or not he/she will abide by the suggested changes in his/her plans and specifications or until the expiration of 14 days, whichever first occurs.
(2) 
If the applicant determines that he/she will make the suggested changes, he/she shall so advise HARB which shall advise the Yardley Borough Council accordingly.
(3) 
Should HARB not receive, within 14 days of the mailing date of initial notification, a letter from the applicant indicating whether or not he/she intends to comply, HARB will advise the Borough Council of its recommendation to refuse a certificate of appropriateness.
6. 
In the event that the HARB does not render its recommendation, within 25 days of its meeting, the application shall be referred to Borough Council without recommendation from HARB, and it shall be presumed by Borough Council that the application was approved with amendment.
[Ord. 423, 3/15/2005]
1. 
Upon receipt of the written advice of HARB, Borough Council shall consider at its next scheduled meeting, or the one thereafter if the next would make three working days' notice to the applicant impossible, the question of issuing a certificate of appropriateness authorizing a permit to be issued for the work covered by the application. The applicant shall be given three working days' notice by the Borough Secretary or his/her designee of the time and place of the hearing at which his/her application will be considered and shall have the right to attend and be heard regarding his/her application. Within the three working days, the applicant has the right to request a change of hearing date if it is impossible for him/her to attend the meeting proposed by the Borough.
2. 
In determining whether or not to issue a certificate of appropriateness, Borough Council shall consider, among others, the same factors considered by the HARB and shall consider the report of HARB. If Borough Council approves the application, Borough Council shall issue a certificate of appropriateness authorizing the Building Inspector or Zoning Officer to issue a permit for the work covered.
3. 
If Borough Council disapproves the application, the decision shall indicate what changes in plans and specifications would meet the conditions for protecting the distinctive character of the structure, site or area certified to have historical significance within the district and for protecting the historical environment of the district as a whole. The Borough Council shall render its decision at the date of the hearing or in public at the next regular meeting of the Borough Council following the hearing date. This decision shall be communicated in writing to the applicant, HARB, the Building Inspector, the Zoning Officer and the Pennsylvania Historical and Museum Commission within five days of the decision.
4. 
In the event that Borough Council does not tender its written decision to the applicant within five days of the date a decision was rendered at a public meeting or within 75 days of the date of the filing of the complete original application (unless HARB terminated the application as provided in Subsection 1, it shall be deemed that Borough Council has decided in favor of the applicant, and a certificate of appropriateness shall thereupon be issued. The time limits provided for in this Section may be extended, in writing, by agreement of the parties.