[Amended 8-9-2018 by Ord. No. 2307, approved 8-9-2018; 1-8-2026 by Ord. No. 2468, approved 1-8-2026]
A.
There is hereby adopted in its entirety by the Borough Council of the Borough of Carlisle, that certain property maintenance code known as the "International Property Maintenance Code/2006," as published by the International Code Council, Inc., save and except such portions as are hereinafter deleted, modified or amended. Copies of this chapter and the said International Code are on file in the office of the Borough of Carlisle. Any amendments or supplements by said publisher to the 2006 Code after its initial publication are not intended to be adopted hereby.
B.
The following procedures shall be followed for the issuance of a permit to allow any building or structure to be partially or completely demolished (specifically excepting repairs and replacement), except for the partial or complete demolition of a building or structure in the UM Mixed Use District, which shall be governed by the standards set forth in Subsection C below.
(1)
An application must be submitted for the issuance of a permit to allow any building or structure to be partially or completely demolished. The application shall include the following:
(a)
A schedule of anticipated work with proposed dates and times, together with a description of how the project will conform to noise minimization standards, how work activities will conform to Chapter 170 of the Borough Code, and what dust control/spraying will be utilized. Except for emergency work, demolition related noise shall stop by 9:00 p.m.;
(b)
A plan or written statement how site safety and security will be managed, including the use of perimeter barricades/fencing, with appropriate safety lighting and signage, around the entire work site. The applicant shall also indicate if a dumpster permit has been applied for and issued, and whether it will impact safe traffic flow and visibility;
(c)
A statement whether the demolition will involve a building/structure which shares a common or connected walls and roof. In these cases, plans shall be submitted that have been reviewed and approved by a licensed architect or engineer to ensure that proper building stability, structural integrity and safety is addressed;
(d)
A written statement that all electric, telephone, cable, sewer, and water services, etc. are disconnected. Contractor shall contact Borough staff to verify that sewer/water laterals are capped at the main, unless constructing new building (trench must be backfilled to prevent freezing);
(e)
A written statement, provided by the applicant, indicating whether the property, building or structure is listed on the Cumberland County Register of Historic Places and the Pennsylvania Historical and Museum Commission's National Register of Historic Places, and describing research undertaken to determine whether the Cumberland County Historical Society has any evidence of the building or structure having architectural or other historic value and a statement of such findings;
(f)
A written statement, provided by the applicant, indicating whether the subject property is wholly or partially within the Borough's Historic Preservation Overlay District;
(g)
A written statement, provided by the applicant, indicating whether the demolition will involve any damage, trimming, or removal of existing boulevard or street trees, and evidence of required approval by the Borough Shade Tree Commission;
(h)
A list, provided by the applicant, of the names and addresses of all property owners of record within a two-hundred-foot radius of the lot lines of the subject property where the demolition is proposed to take place. The applicant shall confirm these names and addresses with the records of the Cumberland County Assessment Office. Upon receipt of a completed building and/or demolition permit application, the Borough Code official, or his/her designee, shall forward a notice, by first class mail, to those property owners identified in the submitted list. In addition, the Code Official or his/her designee shall post the property where the demolition is proposed providing public notice of the submission of the demolition application/request;
(i)
Evidence that the applicant provided any required notice to DEP of the proposed demolition, or an explanation as to why such notice was not required; and
(j)
Evidence of the contractor's current liability insurance coverage in an amount of at least $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. Where any demolition shall take place on or from a public street, avenue or sidewalk, the Borough shall be named an additional insured under the liability insurance and evidence of same provided as a condition of issuing the demolition permit.
(2)
The Borough Code official shall not issue or approve a demolition permit until a minimum of 15 days have transpired from the receipt of a complete application package and the mailing of the notices described in Subsection B(1)(h), above.
(3)
The applicant shall be responsible for notifying the Borough of Carlisle Fire Chief and Police Department of the date and time when demolition will commence, within 48 hours of the issuance of the demolition permit by the Borough.
C.
An application must be submitted for the issuance of a permit to allow any building or structure within the UM Mixed Use District to be partially or completely demolished. The following criteria shall apply and the application shall include the following:
(1)
An applicable building shall have a footprint greater than 8,500 square feet and in whole or part, was constructed 75 years or more prior to the date of the application for demolition. If the building is of an unknown age, it shall be conclusively presumed to be at least 75 years old.
(3)
Upon receipt by the Department of Sustainable Community and Economic Planning (SCEP) of an application for a permit to allow a building or structure within the UM Mixed Use District as described in Subsection C(1) to be partially or completely demolished, the Director or their designee shall, at a legally advertised meeting, consider a recommendation to give to the Borough Council unless approved by the Director as a redevelopment, reuse, or revitalization permit pursuant to Subsection C(6), below.
(4)
The person applying for demolition shall be advised of the time and place of said meeting and invited to appear to explain their reasons therefor.
(5)
If a proposed demolition activity is not described in Subsection C(6) or will not be conducted in accordance with the standards of this chapter, the Director shall submit their recommendation in writing to the Council of the Borough of Carlisle within 45 days of the date of the application unless the applicant grants a waiver to extend this time.
(6)
A redevelopment, reuse, or revitalization permit, when approved by the Director or their designee, is an approval for an activity that requires a permit under § 183-1C of the Property Maintenance Code of the Code of the Borough of Carlisle. Only those activities described in this Section may proceed under the redevelopment, reuse, and revitalization permit process. Demolition for redevelopment, reuse, or revitalization will not significantly affect the public if carried out in accordance with this section and generally has less of an impact on the public than an activity requiring demolition review under § 183-1C(7). If a proposed activity is not described in this section or will not be conducted in accordance with the standards of this chapter, the applicant must obtain a permit pursuant to § 183-1C(7) prior to beginning partial or complete demolition activity.
(a)
Adaptation standards. When adapting a building within the Urban Mixed Use (UM) District to a new use, respect its character as follows:
[1]
Preserve the key features of the building itself.
[a]
Removal and/or replacement of portions of the building may be approved by the Director if the character of the building is preserved.
[b]
Redevelopment, reuse, or revitalization activities that preserve the key features of a building may include:
[i]
Removal of portions of an exterior wall to restore window and door openings with new windows and doors;
[ii]
Removal of portions of a roof to restore clerestory or skylight openings with new windows;
[iii]
Removal of exterior mechanical equipment and related ancillary building additions and structures; and
[iv]
Removal of exterior door(s), garage door(s), and/or door framing components and installing engineered vestibule(s), garage door(s), or other similar treatment that substantively preserves the existing shape of the wall opening and matches or increases the transparency of the exterior wall opening(s) and door(s).
[2]
Where applicable, seek a use that is compatible with the architectural style of former industrial buildings.
[3]
Design accessibility improvements in a manner that will preserve the character of the property.
[a]
Accessibility improvements that preserve the character of the property may include removal or modification of exterior stair structures to install ADA compliant ramps and other reasonable accommodations.
[4]
Maintain the character of the way a building orients to the street.
[a]
Maintain existing street-facing entrance(s).
[6]
Notwithstanding compliance with the requirements and standards set forth in this section, the Director may require a demolition permit application to be filed with Borough Council in any case where credible evidence indicates that the activity:
[a]
May violate the standards of this section;
[b]
Could lead to significant neighborhood impacts, including cumulative impacts; or
[c]
Could adversely impact public infrastructure.
[d]
If a demolition permit is required to be reviewed by Borough Council pursuant to this subsection, the Director will notify the applicant in writing within the 45-day period described in Subsection C above. When the Director notifies an applicant that a permit is required to be reviewed by Borough Council, no work may be conducted unless and until the permit is obtained.
(7)
If a proposed demolition activity is not described in Subsection C(6), above, the applicant shall establish by competent evidence that at least one of the following criteria apply:
(a)
That no reasonable beneficial use of the building is possible; or
(b)
That the denial of the demolition request would greatly result in unreasonable economic hardship to the owner.
[1]
When a claim of unreasonable economic hardship is made due to the effect of this ordinance, the owner of record must present evidence sufficient to prove that, as a result of the Borough Council's action, they are unable to obtain a reasonable return or a reasonable beneficial use from a resource. The owner of record shall submit, by affidavit to the Borough Council, some or all of the information below, at the discretion of the Borough Council, which shall include but not be limited to the following:
[a]
Date the property was acquired by its current owner.
[b]
Price paid for the property (if acquired by purchase) and a description of the relationship, if any, between the buyer and the seller of the property.
[c]
Mortgage history of the property, including current mortgage and the annual debt service, if any, for the previous two years.
[d]
Current market value of the property.
[e]
Equity in the property.
[f]
Past and current income and expense statements for the past two years.
[g]
Past capital expenditures during ownership of current owner.
[h]
Appraisals of the property obtained within the previous two years.
[i]
Income and property tax factors affecting the property.
[j]
All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the property, or state that none was obtained.
[k]
All studies commissioned by the owner as to profitable addition, demolition or new construction of any structures or objects on the property for alternative use, or a statement that none were obtained.
[l]
Estimate(s) of the cost of the proposed addition, new construction, demolition or razing and an estimate(s) of any additional cost(s) that would be incurred to comply with the recommendations of the Borough Council for changes necessary for it to approve demolition activity.
[m]
Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other.
[n]
The Borough Council may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.
[o]
Should the Borough Council determine that the owner's present return is not reasonable, it must consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes. The Borough Council may choose to recommend to the Borough that special economic incentives be developed to assist the owner of the resource in maintaining it and obtaining a suitable economic return or achieving a reasonable beneficial use.
[p]
The Borough Council may seek the assistance of appropriate local, statewide or national preservation organizations in developing solutions which would relieve the owner's economic hardship. If the Borough Council chooses to explore such options, the Borough Council may delay issuing an approval for demolition on the basis of economic hardship for a period of 90 days in addition to time periods otherwise applicable. The property owner may waive the time period if additional time is needed but must provide it in writing.
[q]
Should the applicant satisfy the Borough Council that they will suffer an unreasonable economic hardship if demolition is not approved, and should the Borough Council be unable to develop, with the Borough or appropriate local, statewide and national preservation organizations, a solution which can relieve the owner's economic hardship, the Borough Council must approve demolition.