[HISTORY: Adopted by the Board of Supervisors of the Township of
East Whiteland 5-16-1974 by Ord. No. 41-74. Amendments noted where applicable.]
In accordance with the provisions of an Act No. 167, dated June 13,
1961, of the General Assembly of the Commonwealth of Pennsylvania, and the
amendment, Act 24, dated April 23, 1963,[1] the Board of Supervisors of East Whiteland Township, Chester County,
Pennsylvania does ordain:
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"An Act authorizing counties, cities, boroughs, incorporated towns and
townships to create historic districts within their geographic boundaries;
providing for the appointment of Boards of Historical Architectural Review;
empowering governing bodies of political subdivisions to protect the distinctive
historical character of these districts and to regulate the erection, reconstruction,
alteration, restoration, demolition or razing of buildings within the historic
districts."
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[1]
Editor's Note: See 53 P.S. § 8001 et seq.
In order to protect the rich architectural and/or cultural heritage
of the Township and the State, to awaken in our people an interest in our
historic past and to promote the general welfare, education and culture of
the Township, and because no concentration of historic buildings are extant,
the East Whiteland Historical District is hereby created and its boundaries
described:
A.
The limits of the East Whiteland Historical District
shall be the boundaries of East Whiteland Township.
Immediately upon the adoption of this chapter, the Township Secretary
shall forward a copy thereof to the Pennsylvania Historical and Museum Commission.
This chapter shall not take effect until said Commission has certified, by
resolution, to the historical significance of the aforementioned district.
A Board of Historical Architectural Review, hereafter referred to as
"the Board," is hereby created to be composed of five members, appointed by
the Board of Supervisors, one of whom shall be a registered architect, one
a licensed real estate broker, one the Chief Building Inspector of the Township,
and two additional persons with a knowledge of and interest in the preservation
of the District.
A.
The initial terms of the first five members appointed
to the Board shall be as follows: One shall service until the first Monday
of January, 1975, two until the first Monday of January, 1976, and two until
the first Monday of January, 1977.
B.
Their successors shall serve for a term of five years.
C.
Should any member of the Board appointed in his capacity
as a registered architect, as a licensed real estate broker, or as the Chief
Building Inspector of the Township, cease to be so engaged, his position on
the Board shall be automatically vacated.
D.
An appointment to fill any vacancy on the Board shall
be only for the unexpired portion of the term.
E.
The Board shall have the right to make recommendations
for appointees to the Board of Supervisors, for unfulfilled terms or full
terms.
The Board shall counsel the Board of Supervisors regarding the advisability
of issuing any certificates or permits required to be issued pursuant to Act
No. 167, as amended,[1] and this chapter. The Board may make and alter rules and regulations
for its own organization and procedure, consistent with this chapter and the
laws of the Commonwealth. A Board member shall be required to disqualify himself
from voting on any issue or application in which his financial interests are
directly or indirectly involved. A majority of the Board shall constitute
a quorum, and action taken at any meeting shall require the affirmative vote
of that majority. The members of the Board shall serve without compensation,
and shall make an annual report of their transactions to the Board of Supervisors.
The Board may, on approval of the Board of Supervisors and within limits of
appropriations made by the Board of Supervisors for such purchases, employ
secretarial assistants, pay their salaries and incur other necessary expenses.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
No permit shall be issued for the reconstruction, alteration, restoration,
demolition, or razing of any building, structure, site or area, in whole or
in part, in the Historical District until the Board of Supervisors shall have
issued a certificate of appropriateness.
Applications for permits to erect, alter or modify signs shall be processed
in the same manner as applications for permits to alter or modify a building,
structure, site or area.
Upon receipt of an application for a permit for the reconstruction,
alteration, restoration, demolition, or razing of any building, structure
or site in the Historical District, the Chief Building Inspector shall act
in accordance with established procedures, except that, in addition, he shall
forward to the Board, two copies of the application for a permit, together
with copies of any plot plan and building plans specifications filed by the
applicant.
Upon receipt by the Board of the aforementioned application and plans,
the Board may schedule a meeting with the applicant or his authorized representative
for the purpose of reviewing the application. The Board may invite to such
meeting any other person or persons whose counsel or presence it deems advisable.
In determining the counsel to be given the Board of Supervisors concerning
the issuance of any certificate of appropriateness or permit required by this
chapter, the Board shall consider the following:
A.
The effect of the proposed change upon the general historic
and/or the original architectural nature of the district;
B.
The appropriateness of exterior architectural features,
including signs, which can be sen from a public street or way only; and
C.
The general design of exterior features, including signs,
texture, material, color arrangement, and the relation of such factors to
similar features of other buildings or structures in the Historical District.
If, on the basis of the information received at the aforementioned meeting,
and from its general background and knowledge, the Board decides to recommend
against the granting of a certificate of appropriateness, it shall so indicate
to the applicant for a permit and shall stipulate changes in the plans and
specifications, which, in the opinion of the Board, would protect the distinctive
historical character of the District. The Board shall withhold its report
to the Board of Supervisors for a period of two weeks following its decision
to allow the applicant to decide whether or not to make the suggested changes
in his plans and specifications. If the applicant agrees to make the suggested
changes, he shall so advise the Board in writing, and the Board shall then
counsel the Board of Supervisors within 60 days from the receipt of the application,
said application shall be deemed approved.
After reviewing an application and approving any changes in plans and specifications, as provided in § 101-11 of this chapter, the Board shall submit in writing to the Board of Supervisors its recommendations concerning the issuance or denial of a certificate of appropriateness and any other permit(s) required for the reconstruction, alteration, restoration, demolition, or razing of all or a part of any building, structure, or site within the Historical District. The written report shall set out the following facts:
A.
The exact location of the site on which the work is to
be done.
B.
The exterior changes to be made or the exterior character
of the structure to be erected.
C.
A list of the surrounding buildings and structures, if
relevant, with their general exterior characteristics.
D.
The effect of the proposed change upon the general historic
and/or architectural nature of the district.
E.
The general design, arrangement, texture, material and
color of the building or structure as they relate to similar features of buildings
or structures elsewhere in the district.
F.
The opinion of the Board (including any dissent) as to
the appropriateness of the work proposed and as to whether it will preserve
or destroy the historic aspect and nature of the district.
G.
A specific recommendation as to the issuance or nonissuance
by the Board of Supervisors of a certificate of appropriateness.
Upon receipt of the written report of the Board, as provided in § 101-12 of this chapter, the Board of Supervisors shall consider at a subsequent regular meeting, the question of issuing a certificate of appropriateness. The applicant shall be advised by the Township Secretary of the time and place of such meeting and shall have the right to be heard. If the Board of Supervisors approves the application, it shall issue a certificate of appropriateness authorizing the Chief Building Inspector to issue a permit. Should the Board of Supervisors disapprove, it shall do so in writing, and copies shall be sent to the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical and/or architectural character of the District.
Upon receipt of the written disapproval of the Board of Supervisors, the Chief Building Inspector shall withhold the application for a permit and so advise the applicant. The applicant may appeal from the disapproval as provided by law and Chapter 65, Building Construction, of the Code of the Township of East Whiteland.
The Chief Building Inspector shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this chapter in the same manner as in his enforcement of the Chapter 65, Building Construction, of the Code of the Township of East Whiteland as presently enacted or as the same may from time to time be amended.
