The area included within the HD shall be as delineated on the
Historic District Map of Lower Moreland Township approved by the Board
of Commissioners and attached hereto as Exhibit A and made a part
of this chapter. Any changes in said map shall be approved by the Board
of Commissioners after due consideration by it in accordance with
the Act of June 13, 1961, P.L. 282, No. 167, as amended.
An Historical Architectural Review Board, established pursuant
to Ordinance No. 290, hereinafter referred to as "HARB," is hereby
continued as follows:
A. The
HARB shall be composed of seven Township residents, to be appointed
by the Board of Commissioners. The initial terms of members of the
HARB shall be as follows: two members for periods of four years, two
members for periods of three years, two members for periods of two
years and one member for a term of one year. Thereafter, all members
shall be appointed for terms of four years.
B. The
HARB shall include in its membership persons with the following qualifications:
(1) At all times, two members of the HARB, and only two members, shall each be residents of the HD. In the event that a member of the HARB, appointed under the above requirements, shall cease to qualify under such requirements because of removal from residence in the HD or termination of residence in the Township, such member's term of office shall at once automatically end, and the vacancy shall be filled in accordance with this chapter. The person whose term is so terminated may only be reappointed if he later qualifies under the provisions of this subsection or qualifies under the immediately following Subsection
B(2).
(2) At least one member shall be a registered architect, one member shall
be the Township Building Inspector, one member shall be a licensed
real estate broker, and the remaining members shall have interest
and knowledge in the preservation of historic districts. A person
with more than one qualification under this subsection shall be deemed
to have only one for the purpose of constituting membership on the
HARB, so that one person will not satisfy the above requirements as
to more than one qualification.
C. A
majority of the HARB shall constitute a quorum.
D. Annually,
the Chairman and officers of the HARB shall be elected by the membership
of the HARB.
E. The
local historical societies shall be invited to submit nominations
for the HARB from among local residents interested and knowledgeable
about the HARB's mission and objectives.
Upon receipt by the HARB of a notice that an application for a building permit for the erection, reconstruction, alteration, restoration, demolition or relocation of a building or structure in the HD has been filed, the HARB shall schedule a meeting within 30 days to consider the advice and suggestions which the HARB will give to the Board of Commissioners. The applicant shall be given notice of the time and place of said meeting and be invited to appear to explain the project. The HARB may advise property owners within or abutting the HD and may invite such other persons or groups as it desires to attend its meeting. The HARB may hold any additional meetings considered necessary to carry out those additional responsibilities stipulated in §
24-4B.
In determining the advice and suggestions to be presented to
the Board of Commissioners concerning the issuing of a certificate
of appropriateness, which certificate in turn authorizes the issuance
of a permit, pertaining to the original building or structure as it
existed as of January 17, 1979, for the erection, reconstruction,
alteration, restoration, demolition or relocation of all or part of
any building or structure within the HD, the HARB shall consider the
following:
A. The
effect of the proposed change upon the general historic and architectural
nature of the HD.
B. The
appropriateness of the following items and the relation of these and
similar factors and features of buildings or structures in the HD
where they are visible from a public street or way:
(1) Mass, including height, bulk and the nature of the roofline.
(2) Proportions, including height to width.
(4) Landscaping and use of paved areas.
(5) Facade openings for doors and windows, including their size, locations
and proportions.
(7) Projections, including porches, eaves and bays.
C. Moving
and relocation shall receive due consideration as an ultimate alternative
to the preservation of the building, structure or sign.
D. The
Board of Commissioners shall give due consideration to both the HARB's
recommendation and the applicant's position, and the Board of
Commissioners shall exercise its independent discretion in making
its determination as to the issuance or refusal of a certificate of
appropriateness under this chapter, the recommendation of the HARB
being merely advisory in nature.
Upon receipt of the written recommendations of the HARB as provided in §
24-8B of this chapter, the Board of Commissioners shall consider at a regular or special meeting the question of issuing a certificate of appropriateness authorizing a permit for the work covered by the application within. The applicant shall be advised by the Township Manager of the time and place of the meeting (with 10 days' advance notice) at which the application will be considered, and the applicant shall have the right to attend to be heard. In determining whether or not to certify the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or relocation of all or a part of any building or structure within the HD, the Board of Commissioners shall consider the same factors as the HARB, as set forth in §
24-7 of this chapter, and the report of the HARB. If the Board of Commissioners approves the application, it shall issue a certificate of appropriateness authorizing the Building Inspector to issue a permit for the proposed work. If the Board of Commissioners disapproves, it shall do so in writing, and copies shall be given to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications, if any, would meet the conditions for protecting the distinctly historical character of the HD. Action by the Board of Commissioners shall be by majority vote, which shall be taken no later than 90 days after the application for a permit under this chapter, unless the application is held in abeyance pursuant to §
24-8A. Failure by the Board of Commissioners to act within such time shall be deemed an approval of the application for a certificate of appropriateness.
Upon receipt of the written disapproval of the Board of Commissioners,
the Building Inspector shall disapprove the application for a building
permit and so advise the applicant. The applicant may appeal from
the disapproval as provided by law and ordinances of the Township.
The Township Manager shall have the power to institute any proceedings
at law or in equity necessary for the enforcement of this chapter
and/or the other Township codes as presently enacted and as may be
subsequently amended. Such disapproval shall entitle the applicant
to pursue all remedies available by proceedings in court, as may from
time to time be provided under the laws of the Commonwealth of Pennsylvania.
The HARB shall study the land use, building sizes and setbacks,
lot sizes, landscaping and other physical characteristics within the
HD. When any such study requires entry onto or within private property
limits, the consent of the owner must be obtained in writing. When
warranted, the HARB may recommend any changes or revisions of zoning
which should be implemented to further the intent of this chapter
to the Board of Supervisors. As part of this effort, the HARB, in
conjunction with the Planning Commission, may employ, after approval
of the Board of Commissioners, the services of professional consultants
in the field of community planning, architectural design and historical
preservation.
Any person, firm or corporation who fails to obtain a permit
pursuant to this chapter or who exceeds the terms of any permit granted
hereunder shall be subject to prosecution before a District Justice
and, upon conviction, shall be sentenced to pay the costs of prosecution
and a fine not to exceed $600.