A.
To promote the general welfare by protecting the integrity
of the Historic Resources of West Brandywine Township.
B.
To establish a clear process by which proposed changes
affecting Historic Resources are reviewed by the West Brandywine Historical
Commission.
C.
To mitigate the negative effects of proposed changes
on Historic Resources.
D.
To encourage the continued use of Historic Resources
and facilitate their appropriate reuse.
E.
To tailor protective measures to those clearly delineated
Historic Resources in West Brandywine Township worthy of preservation.
F.
To encourage the preservation of historic settings
and landscapes.
G.
To discourage the unnecessary demolition of Historic
Resources.
The provisions of this article shall apply to
all Historic Resources identified on the West Brandywine Township
Historic Resources Map, adopted by the Board of Supervisors as an
overlay to the Township Zoning Map.[1] Identified Historic Resources shall be categorized by
the West Brandywine Historical Commission into two classifications:
A.
Class I Historic Resources.
(1)
Class I Historic Resources include the following or
other resources of similar historical significance, unless removed
from Class I by the Board of Supervisors:
(a)
All buildings, sites, structures, and objects
listed individually in the National Register of Historic Places;
(b)
All buildings and structures classified as "certified
historic structures" by the Secretary of the Interior;
(c)
All buildings, sites, structures, and objects
documented as "contributing resources" in a National Register of Historic
Districts; and
(d)
Any resources which have received a determination
of eligibility (DOE) by the Pennsylvania Historical and Museum Commission
(PHMC).
(2)
Other resources of similar historical significance
may be added to Class I by the Board of Supervisors. Class I Historic
Resources shall be so designated on an Historic Resources Map adopted
by the Board of Supervisors as an overlay part of the Township Zoning
Map. Adoption of the Historic Resources Map and amendment from time
to time shall conform to all procedural requirements for amendment
to the Zoning Map.
B.
Class II Historic Resources: All other Historic Resources
included in the Historic Resource Inventory conducted by the Historical
Commission and shown on the Historic Resources Map. Class II Historic
Resources include all resources included in the Chester County Historic
Sites Survey of 1982 not otherwise included in Class I, unless removed
from the Historic Resources Map by the Board of Supervisors.
[1]
Editor's Note: A copy of the Zoning Map is
included in the pocket at the end of this volume. The official, most
up-to-date version of the Zoning Map is on file in the office of the
Township Zoning Officer.
A.
Where approved by the Board of Supervisors as a conditional use in accordance with Article XXI of this chapter, and upon review by the Historical Commission in accordance with § 200-190, below, additional use opportunities may be permitted for Identified Historic Resources, beyond those otherwise permitted in the underlying base zoning district and subject to compliance with the requirements and conditions of this section and all other applicable regulatory provisions. Where permitted, such use opportunities shall be available in addition to or in place of any use currently being made of the property.
B.
Additional use opportunities for which identified
historic resources are eligible may include any use permitted in the
underlying base zoning district and, where not already permitted in
the underlying base zoning district, may include residential conversion;
home occupation; professional or business office; cultural studio;
cultural facility; adult or child day-care facility; bed-and-breakfast;
upholstery; furniture refurbishing or similar handicrafts excluding
paint stripping; personal services such as barber or beauty shop;
cottage industries including but not limited to crafts and homemade
products; teaching of not more than 10 pupils simultaneously; tailoring
and dressmaking; office and shop for tradesmen such as carpenters,
electricians and plumbers; photography studio; retail sales of dry
goods, food, farm products, antiques, household supplies and nursery
products; showroom/design center for home products such as carpets,
tiles, cabinetry, lighting and other similar products; exercise or
dance studio not to exceed 5,000 square feet of floor area; and banquet
facility including wedding receptions, business conferences, private
gatherings and similar activities and accessory uses thereto, including
the preparation and serving of food provided the banquet facility
is on a tract area greater than 20 gross acres in size.
[Amended 8-6-2009 by Ord.
No. 2009-04; 3-5-2015 by Ord. No. 2015-03]
C.
The specific requirements for conditional use approval set forth in § 200-189, below, shall apply to approval of additional use opportunities for Identified Historic Resources.
D.
Specific requirements applicable to residential conversions.
(1)
An Identified Historic Resource in any zoning district
may be converted into two or more dwelling units.
(2)
In addition to the applicable standards of this article, any proposed conversion shall comply with the residential conversion standards contained in § 200-84 of this chapter.
(3)
The Board may waive or modify otherwise applicable
area and bulk requirements if it deems such waiver or modification
to be in furtherance of the protection of the Identified Historic
Resource.
(4)
Where multifamily dwellings result from the conversion
of an Identified Historic Resource, there shall be no more than four
dwelling units in an individual structure, nor shall any such dwelling
unit contain less than 800 square feet of habitable space.
E.
As part of the conditional use approval for an additional use opportunity in an historic resource, the Board of Supervisors may prohibit the outdoor storage of materials, products and equipment or may specifically allow such outdoor storage in specified areas on the property provided that such storage is properly screened in accordance with the requirements in § 200-109 of this chapter.
[Added 8-6-2009 by Ord. No. 2009-04]
Where approved by the Board of Supervisors as a conditional use in accordance with Article XXI of this chapter, and upon review by the Historical Commission in accordance with § 200-190, below, requested modifications to applicable lot area, lot dimension, or yard requirements for plans affecting Identified Historic Resources may be permitted. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s), in accordance with the specific requirements for conditional use approval set forth in § 200-189, below.
Where additional use opportunities for Identified
Historic Resources and/or modifications to otherwise applicable area
and bulk regulations are permitted, the following requirements shall
apply:
A.
All applicable standards and criteria set forth in Article XXI of this chapter for conditional use approval shall be complied with to the satisfaction of the Township;
B.
The granting of conditional use approval is deemed
to be necessary to the preservation of the Identified Historic Resource(s).
C.
The Secretary of the Interior's Standards for Rehabilitation of Historic Structures (see § 200-192, below) shall serve as guidelines for any plans involving the rehabilitation, alteration, or enlargement of Identified Historic Resource(s). In approving a conditional use, the Board of Supervisors may set conditions requiring compliance with § 200-192, below.
D.
Any plans involving the enlargement of Identified
Historic Resource(s) shall not require further reduction in applicable
area and bulk regulations beyond that necessary to accommodate the
Identified Historic Resource(s) as existing prior to such enlargement.
E.
In granting conditional use approval in accordance
with this section, the Board of Supervisors shall be satisfied that
adequate water supply and sewage disposal can be provided for all
permitted uses.
F.
Where plans involving Identified Historic Resource(s)
under this section result in all or portions of any such resource(s)
remaining unoccupied, such unoccupied resources shall be tightly sealed
and barred off and the utilities turned off for safety.
G.
Other applicable standards contained in this chapter
shall be complied with, including but not limited to requirements
for buffering, lighting, storage, access and traffic management, interior
circulation, loading, parking, and signs.
H.
The Board of Supervisors may deny the request for
additional use or for modification of area and bulk regulations where,
upon the Review of the Historical Commission, it deems the proposal
to be unacceptably destructive of the integrity of the Identified
Historic Resource and/or where the Board finds the proposal to be
inappropriate in the context of the immediate neighborhood.
A.
An applicant seeking conditional use approval under the provisions of this section shall submit the appropriate application to the Township Manager in accordance with the provisions of Article XXI. The application shall include, in addition to that which is required under Article XXI where relevant, a detailed depiction of the proposed use(s), any physical changes proposed for the affected Historic Resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.
B.
The Township Manager shall forward the complete application to the Historical Commission as well as to the Planning Commission in accordance with Article XXI. Within 30 days of receipt of a complete application by the Township, the Historical Commission, at a regular or special meeting, shall review the application for conditional use. The applicant will be notified of the meeting by the Township Manager at least 10 days prior to its date and shall have the opportunity to present his reasons for filing the application. The Historical Commission shall consider the following:
(1)
In reviewing requests for conditional use approval
for modification of area and bulk regulations, the Historical Commission
shall evaluate whether the proposed modifications are necessary to
preserve the Identified Historic Resource or Historic District.
(2)
Where the application involves physical changes to
Identified Historic Resource(s) and/or the surrounding landscape,
the Historical Commission shall review the proposed changes and make
recommendations as to their appropriateness.
C.
Recommendations of the Historical Commission shall
be transmitted in the form of a written report to the Board of Supervisors
and shall include suggestions for specific changes to proposed plans,
if any. The written report of the Historical Commission shall be admissible
at public hearing provided that the chairman or author of the report
shall testify and be subject to cross-examination at such hearing
unless his or her presence is waived by the applicant. If the Historical
Commission does not transmit its recommendations to the Board by the
date set by the Board for public hearing to consider the application
for conditional use approval, then it shall be deemed that the Commission
recommends the approval of the application.
A.
No Historic Resource identified on the West Brandywine
Township Historic Resources Map may be demolished except as provided
herein.
B.
Demolition permit requirements for Identified Historic
Resources:
(1)
No Identified Historic Resource shall be demolished, in whole or in part, including the indiscriminate removal, stripping, or destruction of any significant exterior architectural features, unless a demolition permit is obtained from the Township's Zoning Officer in accordance with the procedures and requirements of this article, and other applicable standards and procedures of this chapter and Chapter 65, Building Construction, of the Code of the Township of West Brandywine. These provisions shall not be construed to prevent the ordinary maintenance or repair of any building, structure, site, or object where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building, structure, site, or object and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
(2)
Procedure for obtaining demolition permit. The applicant
shall submit one copy of an application for a demolition permit in
a form acceptable to the Township. If the Township determines that
the permit request is for the demolition of an Identified Historic
Resource, the Zoning Officer shall be directed not to issue the demolition
permit and the application shall be forwarded to the Historical Commission
for review.
(3)
Information to be provided. In addition to applicable requirements under Chapter 65, Building Construction, an applicant seeking a permit to demolish an Identified Historic Resource shall provide the following information:
(a)
Owner of record.
(b)
Site plan showing all buildings and structures
on the property.
(c)
Recent photographs of the resource proposed
for demolition.
(d)
Reasons for the demolition.
(e)
Proposed method of demolition.
(f)
Intended future use of the site and of the materials
from the demolished resource.
(4)
Review by Historical Commission. Within 30 days of
receipt of a complete application from the Zoning Officer, the Historical
Commission, at a regular or special meeting, shall review the application
for demolition. The applicant will be notified of the meeting by the
Township Manager at least 10 days prior to its date and shall have
the opportunity to present his reasons for filing the application.
The Historical Commission shall consider the following:
(a)
The effect of demolition on the historical significance
and architectural integrity of the resource in question and neighboring
Identified Historic Resources;
(b)
Whether the applicant has demonstrated that
he has considered all alternatives to demolition;
(c)
Economic feasibility of adaptive reuse of the
resource proposed for demolition;
(d)
Alternatives to demolition of the resource;
(e)
Whether the resource in its current condition
presents a threat to public safety;
(f)
Whether the resource has been intentionally
neglected;
(g)
Whether the required retention of the resource
would represent an unreasonable economic hardship.
(5)
Historical Commission recommendation. Within 30 days
following conclusion of the meeting, the Historical Commission shall
set forth its recommendations in a written report to the Board of
Supervisors:
C.
Approval of demolition permit or delay of demolition
by the Board of Supervisors.
(1)
Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application, together with the recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes, or defer their decision, affording a delay of demolition for up to 90 days as set forth in § 200-191D, below. The applicant shall be notified of the meeting by the Township Secretary at least 10 days prior to its date, and shall have the opportunity to present his reasons for filing the application. Within five days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Zoning Officer.
(2)
Issuance of building permit. Where the Board acts
to approve the application, it shall authorize the Zoning Officer
to issue the permit. Where the approval is granted with conditions
attached, the Zoning Officer shall be authorized to issue the permit
upon receipt from the applicant of written acceptance of those conditions.
D.
Delay of demolition.
(1)
The specified period of delay up to 90 days shall
be used to provide an opportunity to engage in a dialogue with the
applicant about alternatives to demolition (Class I and II); to allow
for complete historical documentation of the resource (as set forth
below, Class I only); and/or for preparation of a financial analysis
(as set forth below, Class I only). The Historical Commission shall
make every effort to open a dialogue with applicant to inform him
of the historical importance of the resource, its significance to
the Township, and alternatives to demolition (additional uses, etc.).
(2)
For Class II resources, the Commission may recommend approval of the demolition permit and may so advise the Board of Supervisors not later than the end of the applicable ninety-day time period. The Board of Supervisors shall act upon the application for demolition of Class II resources in accordance with § 200-191C, above, within or at 90 days, whether it receives a recommendation from the Historical Commission or not.
(3)
Special Provisions for Class I Resources.
(a)
Documentation of Class I Historic Resources.
When prescribing the delay of demolition for a Class I resource, the
Board of Supervisors may require the applicant to provide documentation
of the resource proposed for demolition. Such documentation may include,
as available: historical data, surveys, and other data provided by
local, state, and federal historic preservation organizations and
agencies; photographs; floor plans; measured drawings; archaeological
surveys (if appropriate); and any other comparable form of documentation
recommended by the Historical Commission. Where necessary, the delay
shall continue past the stipulated 90 days until the applicant has
sufficiently satisfied the documentation requirements.
(b)
Where applicant alleges that demolition is necessary
due to undue economic hardship or the lack of a reasonable alternative,
the Board of Supervisors may, during the period of delay, request
that the applicant prepare and submit a financial analysis to the
Board. Such financial analysis should include the following information,
as applicable and available:
[1]
Amount paid for the property;
[2]
Date of purchase and party from whom purchased,
including a description of the relationship, if any, whether business
or familial, between the owner and the person from whom the property
was purchased;
[3]
Assessed value of the land and improvements
thereon according to the most recent assessment;
[4]
A pro forma financial statement prepared by
an accountant or broker of record;
[5]
All appraisals obtained by the owner in connection
with his purchase or financing of the property, or during his ownership
of the property;
[6]
Bona fide offers to sell or rent the property,
the price asked, and offers received, if any;
[7]
Any consideration by the owner as to profitable,
adaptive uses for the property, and any other practical uses; incentives
which could be offered by the Township to preserve the resource; and
any input from local, state, or federal historic preservation and
architectural organizations or agencies.
[8]
Where relevant, written estimates of the cost(s)
of restoration and/or renovation from at least two professional restoration
contractors.
(c)
Historical Commission recommendation. Once the
delay of demolition has expired the Historical Commission shall review
the application again and any further documentation requested by the
Board of Supervisors at its next regular meeting. The Commission may
recommend to the Board of Supervisors approval of the demolition permit
or, where the Commission does not believe that the applicant has proven
undue economic hardship or the lack of a reasonable alternative, recommend
denial of the demolition permit.
(d)
Approval or denial of demolition permit for
Class I Resources after delay of demolition:
[1]
At its next regular meeting after receiving the recommendation from the Historical Commission, the Board of Supervisors shall again consider the application, together with the recommendations of the Historical Commission and any further documentation which had been requested, and vote either to approve the application or to approve the application with changes as set forth in § 200-191C, above, or to deny the application as set forth below.
[2]
Denial of application. Where the Board acts
to deny the application, a notice of denial shall be sent to the applicant
indicating what changes in the plans and specifications, if any, would
be sufficient to meet the standards of this section.
A.
A property shall be used for its historic purpose
or be placed in a new use that requires minimal change to the defining
characteristics of the building and its site and environment.
B.
The historic character of the property shall be retained
and preserved. The removal of historic materials or alterations of
features and spaces that characterize a property shall be avoided.
C.
Each property shall be recognized as a physical record
of its time, place, and use. Changes that create a false sense of
historical development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
D.
Most properties change over time; those changes that
have acquired historic significance in their own right shall be retained
and preserved.
E.
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
F.
Deteriorated historic features shall be repaired rather
than replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
G.
Chemical or physical treatments, such as sand blasting,
that cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
H.
Significant archaeological resources affected by a
project shall be protected and preserved. If such resources must be
disturbed, mitigation measures shall be undertaken.
I.
New materials, exterior alterations, or related construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
J.
New additions and adjacent or related new construction
shall be undertaken in such a manner that, if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.
Any person who violates the terms of this article
shall be subject to the fines and penalties imposed under this chapter,[1] as well as applicable fines and penalties imposed under Chapter 65, Building Construction, of the Code of the Township of West Brandywine. In addition:
A.
Any person who alters an Identified Historic Resource
in violation of the provisions of this article or in violation of
any conditions or requirements specified in a permit issued under
the terms of this article shall be required to restore the building,
structure, site, or object involved to its appearance prior to the
violation. Such restoration shall be in addition to, and not in lieu
of, any penalty or remedy available under this chapter or any other
applicable law.
B.
The Township shall withhold issuing any building permit,
for a minimum of one year, for any property which, at the date of
enactment of this chapter, was occupied by an Identified Historic
Resource that subsequently was demolished in violation o this article.
C.
Any conditional use application or subdivision or
land development application involving any property which, at the
date of enactment of this chapter, was occupied by an Identified Historic
Resource(s) that subsequently was demolished in violation of this
article shall not be approved except upon the condition of satisfactory
restoration of any such resources or upon the granting of appropriate
demolition permit(s) in accordance with this article.
A.
The Township, through such person or agency charged
by the Board of Supervisors with enforcement of the provisions of
this article, shall review the progress and status of any change being
made to an Identified Historic Resource, and shall render such reports
thereon to the Board and to the Historical Commission as may be necessary
to assure compliance with the provisions of this article and/or compliance
with any conditions which may have been attached to any building permit,
demolition permit, special exception, or conditional use approval.
B.
In addition to the above remedies, the Board of Supervisors
may take other appropriate legal action, which may include equitable
and injunctive relief, to enforce the provisions of this chapter.
