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. 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.
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.
Any person who violates the terms of this article
shall be subject to the fines and penalties imposed under this chapter, 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.