Action requiring a certificate of appropriateness is any activity requiring a building permit or any act or process not requiring a building permit but specifically listed in this chapter as regulated activity requiring review by the Historical Architectural Review Board (HARB).
[Added 12-11-2006 by Ord. No. 771]
In the case of applications for the installation of replacement windows, the Borough's Code Officer and/or Building Inspector will determine whether a review at a regularly scheduled meeting of the HARB is required. In making this determination, the Code Officer will consider structural and design aspects of the existing replacement windows, including whether the proposed replacement will result in changes to the size of the window opening, the size and number of window panes or light configuration and the overall shape and appearance of the new windows. The material composition of the proposed replacement windows (whether wood, clad-wood, aluminum or vinyl) will not be a determining factor for review of the application by the HARB. Specification of other construction and design details for the replacement windows will be required from the applicant and will be evaluated by the Code Officer in consultation with certified staff, on a case-by-case basis in accordance with general guidelines adopted from time to time by resolution of the Borough Council and made available at the Borough offices.
[Added 9-10-2018 by Ord. No. 902]
A. 
All applications for installation of a satellite dish, antenna or other required equipment are subject to the following rules and procedures:
(1) 
No satellite dishes, antennas or other required equipment shall be installed or placed in front yards, front of buildings, or along their facades.
(2) 
All satellite dishes, antennas or other required equipment shall be located at the rear of the main dwelling unit or to the rear of the property.
(3) 
Antennas and satellite dishes may be installed in the rear or on the roof or side of the property. A roof- or side-mounted satellite dish or antenna or other required equipment shall not, however, be visible from the public right-of-way.
(4) 
When secured to a brick wall, anchoring for satellite dishes, antennas and other required equipment shall only occur within mortar joints and not within the bricks themselves.
(5) 
Satellite dishes, antennas or other required equipment may be installed in or on the front of buildings, on the roofs of buildings visible from the public right-of-way and on the side of buildings visible from the public right-of-way only if no other means of reception can be provided. In such cases where the proposed location of a satellite dish, antenna or other required equipment is visible from the public right-of-way, the owner or tenant of the property shall seek issuance of a certificate of appropriateness as required by this chapter and with the application for the same shall submit a certificate signed by the installer certifying that no means of reception can be provided by placement of the equipment on a location on the property not visible from the public right-of-way. When any such certificate of appropriateness is granted, all such satellite dishes, antennas or other required equipment shall be installed so as to be unobtrusive and shall be screened from view through the use of landscaping, fencing and/or architectural building features. When such a certificate of appropriateness is required, it shall be granted or denied within 30 days of submission of the application with the certificate referenced above.
B. 
In the case of applications for a certificate of appropriateness for the placement of an antenna, satellite dish or other required equipment in the front of buildings, or on the roof or side of a building visible from a public right-of-way, the Borough's Code Officer and/or Building Inspector will determine whether a review at a regularly scheduled meeting of the HARB is required. Notwithstanding whether such Code Officer or Building Inspector determines that a review is needed, the application must be granted within 30 days; hence, if a review is needed, a special meeting of the HARB shall be held in order to review the application prior to the expiration of said thirty-day period. Further, any approvals by Borough Council necessary to approve the certificate of appropriateness must also be held within such thirty-day period.
C. 
It shall be the responsibility of the property owner and/or his designee to remove satellite dishes and antennas when the owner or tenant who installed the device no longer inhabits the property or within 30 days following termination of any service utilizing such satellite dish or antenna.
Preapproved activities are activities that require a certificate of appropriateness as specified in § 130-15 but that will not require review at a regularly scheduled meeting of the HARB if the activity is in compliance with conditions specified herein.
A. 
Determination of compliance with the conditions of the preapproved activity shall be made by certified staff. Upon determination of compliance, certified staff shall so notify the Building Inspector who shall then issue the permit as may be required by other Borough regulations. Any and all conditions related to preapproved activities shall be specified as requirements upon issuance of said permit.
B. 
Borough Council may, with recommendation from HARB, adopt or rescind, by motion or resolution, preapproved activities.
C. 
Preapproved activities:
(1) 
Activities that require a permit or that are specifically regulated by this chapter but that are not visible from a public way.
(2) 
In-kind repair/replacement.
(3) 
Cleaning exterior surfaces of masonry structures in accordance with NPS Preservation Brief No. 1 and 6. Guidelines will be available at the Borough office.
(4) 
Repointing masonry structures in accordance with NPS Preservation Brief No. 2. Guidelines will be available at the Borough office.
(5) 
Painting exterior surfaces of frame structures in accordance with NPS Preservation Brief No. 10. Guidelines will be available at the Borough office.[1]
[1]
Editor’s Note: Former Subsection C(6), which listed installation of commercial and business signage to the exterior of buildings as a preapproved activity, added 12-11-2006 by Ord. No. 771, and which immediately followed this subsection, was repealed 9-10-2018 by Ord. No. 902.
This chapter does not regulate paint color; however, if requested, certified staff and HARB will provide property owners with technical assistance regarding appropriate colors for historic buildings.
A. 
No existing building or enclosed portion of such building within the historic district shall be demolished, razed or otherwise permanently destroyed in whole or in part unless there are no reasonable alternatives available.
B. 
No building subject to Subsection A hereof shall be demolished or razed in whole or in part unless one or more of the following standards is satisfied, in the judgment of Borough Council after considering the recommendation of the HARB:
(1) 
The building does not contribute to the historical or architectural significance of the historic district as determined by HARB in accordance with National Register criteria;
(2) 
The applicant proves by credible evidence that no reasonable beneficial use of the building is possible, and that such situation is not the result of intentional neglect by the current owner;
(3) 
In accordance with Article VIII, § 130-28, the applicant proves by credible evidence that the denial of the demolition would result in an unreasonable economic hardship to the owner, which hardship was not self-created.
C. 
The burden of proof shall be on the applicant. The HARB or the Borough Council may require the applicant to submit written documentation and/or expert testimony regarding the applicant's claims.
D. 
If the applicant is granted a certificate of appropriateness for the demolition of a building in the historic district, the building permit for the proposed demolition shall not be issued prior to the occurrence of the following:
(1) 
Recording of an approved subdivision or land development plan for the lot where the demolition is proposed;
(2) 
The issuance of a certificate of appropriateness by Borough Council for the proposed new construction;
(3) 
Issuance of all required zoning approvals;
(4) 
Filing with Borough officials a timetable for completion of the proposed subdivision or land development plan;
(5) 
The interior and exterior of the building and any significant architectural features are photo-documented. These photos are to provide documentation of the architectural heritage of Columbia Borough and shall be kept on file at a location to be determined by Borough Council.
E. 
Recipients of permits for demolition shall be encouraged to salvage or allow to be salvaged materials from the building to be demolished.
A. 
All buildings and structures within the historic district shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration. "Demolition by neglect" is defined as the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structures meets the criteria for condemnation. Examples of such deterioration include:
(1) 
Deterioration of exterior walls or other vertical supports;
(2) 
Deterioration of roofs or other horizontal members;
(3) 
Deterioration of exterior chimneys;
(4) 
Deterioration of crumbling exterior stucco or mortar;
(5) 
Ineffective waterproofing of exterior walls, roofs, or foundations including broken windows or doors; and
(6) 
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that a demolition is necessary for the public safety.
B. 
If the Codes Enforcement Officer has cited an owner of a building within the historic district under the Property Maintenance Code or International Fire Code for conditions that could lead to structural weakness, decay or deterioration and the building's owner fails to correct the condition in the time specified, that property owner may be cited also for demolition by neglect under this chapter and be subject to the penalties contained herein.
C. 
The structural integrity of both occupied and unoccupied buildings within the historic district shall be maintained in accordance with the Property Maintenance Code. In addition to the provisions in the Property Maintenance Code:
(1) 
Unoccupied buildings shall be properly sealed, fenced and the utilities turned off. The interior and exterior of unoccupied buildings shall be inspected no less than annually to determine structural maintenance requirements.
(2) 
Significant exterior architectural features should be protected from deterioration. This includes, but may not be limited to, porches and balconies and related support and decorative elements; decorative elements over or around windows and doors; shutters; patterned shingles; and the like.
(3) 
Buildings shall not be stripped of their architectural features.
Plans for proposed new construction being considered by the Planning Commission under Chapter 190, Subdivision and Land Development, shall be reviewed by HARB, in accordance with the "standards" and the design guidelines contained herein or subsequently adopted by Borough Council upon HARB's recommendation.