[HISTORY: Adopted by the Board of Supervisors
of the Township of East Norriton 3-20-2000 by Ord. No. 420. Amendments
noted where applicable.]
[Amended 1-6-2003 by Ord. No. 446; 4-17-2007 by Ord. No.
496]
There is hereby created an Historical Advisory
Commission in and for East Norriton Township. The Commission shall
consist of up to nine persons to be appointed by the East Norriton
Township Supervisors for such terms as they shall permit. No more
than two terms shall expire in any one year.
The members of the Commission shall be appointed
by the Supervisors of East Norriton Township for terms of five years,
in such order that at least one member's term shall expire annually;
the aforesaid appointments for a specified term notwithstanding, a
Commission member may stay in office until a successor qualifies or
is appointed, or the East Norriton Township Supervisors may remove
any member of the Commission, at the pleasure of the Supervisors.
All members of the Historical Advisory Commission
shall be residents of East Norriton Township and shall serve without
compensation other than for such expenses in connection with their
duties on said Commission as the Supervisors may approve in advance.
The Historical Advisory Commission shall elect
from among its members, at the first meeting thereof, and at the annual
meeting in January of each and every year thereafter, a Chairman,
Secretary and such other officers as said Commission may deem necessary,
by a majority vote of the members present at such meeting. Written
notice of the annual meeting shall be mailed to each member by the
Secretary at least 10 days prior to said meeting; regular or special
meetings shall be convened at the call of the Chairman, or in such
other manner as the members may, by a majority vote, designate.
The Historical Advisory Commission, at such
times as directed by the Supervisors, shall annually submit for approval
to the Supervisors a proposed budget for the ensuing year, setting
forth all proposed expenditures and programs. The Historical Advisory
Commission shall not in any manner obligate the Township for the payment
of any municipal funds until the same is appropriated by the Township
Supervisors.
A.
The Historical Advisory Commission shall undertake
the following functions and responsibilities in connection with advising
the Supervisors in identifying and preserving historical sites, buildings,
papers, documents and relics of historical significance to East Norriton
Township:
(1)
Conduct investigations on historical matters relating
to East Norriton Township and report the same for public information.
(2)
Collect and disseminate data and information on matters
of historical significance to East Norriton Township.
(3)
Publish a pamphlet or report designating the historical
sites or buildings of significant value to the history of East Norriton
Township.
(4)
Make recommendations for suitable plaques or markers
to distinguish historic sites and buildings of East Norriton Township.
(5)
Cooperate with any qualified historical society in
investigations of historical matters relating to East Norriton Township.
(6)
Recommend to the Supervisors a suitable depository
and display of historical papers, documents and relics.
(7)
Cooperate with and encourage the activities of interested
citizens to the end that such activities will serve the historical
interests of East Norriton Township.
B.
The Historical Advisory Commission, by its Chairman
or by other members appointed for such purpose by the Chairman, shall
make such reports from time to time to the Supervisors as the Chairman
shall deem advisable.
[Added 10-23-2007 by Ord. No. 501]
A.
Demolition of historic structures. No structure listed
as a historic resource in accordance with this article shall be demolished
except upon grant of special exception by the Zoning Hearing Board.
The Zoning Hearing Board shall consider, in making its decision, the
recommendation of the East Norriton Township Historical Advisory Commission.
The applicant shall demonstrate that there is no reasonable possibility
of saving the structure. The Zoning Hearing Board may impose reasonable
conditions upon the grant of the special exception.
B.
Purposes. It is hereby declared as a matter of public
policy that the preservation and protection of buildings, structures,
and sites of historic, architectural, cultural, archeological, educational,
and aesthetic merit are public necessities and are in the interest
of the health, prosperity and welfare of the people of East Norriton
Township. It is therefore the intent of this article to provide a
comprehensive framework for the preservation of historic sites, objects,
buildings, structures and districts within the Township, in order
to promote the following public purposes:
(1)
To promote the general welfare by facilitating protection
of the historical integrity of the historic resources of East Norriton
Township.
(2)
To establish a clear process by which proposed land
use changes affecting historic resources can be reviewed.
(3)
To discourage the unnecessary demolition of historic
resources.
(4)
To provide incentives for the continued use of historic
resources and to facilitate their appropriate reuse.
(5)
To encourage the conservation of historic settings
and landscapes.
C.
DEMOLITION OR DEMOLISH
HISTORIC RESOURCE
(1)
(2)
(3)
(4)
(5)
(6)
HISTORIC RESOURCE IMPACT STUDY
HISTORIC RESOURCE INVENTORY
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The razing or destruction, whether entirely or in significant
part, of the exterior of a building, structure, or site. Demolition
includes the removal of a building or structure from its site or the
removal, stripping, concealing or destruction of the facade or any
significant exterior architectural features which are integral to
the historic character of the resource, for whatever purpose, including
new construction or reconstruction.
Any property which meets one or more of the following categories
of criteria:
All sites designated by the Secretary of the
Interior as National Historic Landmarks;
All buildings, sites, structures, and objects
listed individually in the National Register of Historic Places;
All buildings and structures classified as certified
historic structures by the Secretary of the Interior;
All buildings, sites, structures, and objects
documented as contributing resources in a National Register Historic
District;
Any resources, which have received a determination
of eligibility (DOE) by the Pennsylvania Historical and Museum Commission
(PHMC);
All historic resources identified by the East
Norriton Township Board of Supervisors as historic resources.
A study of the potential impacts of proposed land development
and/or land disturbance on nearby historic resources, including study
of potential means to mitigate negative impacts, required to be submitted
to the Township in certain land development scenarios, in accordance
with this article.
The East Norriton Township Board of Supervisors shall, by
resolution, establish a list of historic resources. Said resolution
shall be available for inspection at the Township offices. The East
Norriton Township historic resource inventory may include a list and
corresponding map indicating the locations of all historic resources,
including both principal and contributing resources, to which the
provisions of this article apply.
D.
Procedure for addition or removal of historic resources
from East Norriton Township historic resources inventory.
(1)
Any property may be proposed for addition to the East
Norriton Township historic resource inventory as a historic resource
by the owner of such property or by the Historical Advisory Commission.
(2)
The Historical Advisory Commission shall periodically,
but no less frequently than once in every seven years, review the
inventory of historic resources and make recommendations to the Board
of Supervisors for the addition or removal of resources from the inventory.
(3)
Any proposal for addition to the East Norriton Township
historic resources inventory shall be considered by the Township Board
of Supervisors in accordance with the following:
(a)
Upon receipt, any proposal regarding resource classification
shall be referred to the Historical Advisory Commission which shall
hold a public meeting thereon.
(b)
Unless a property is proposed by the owner(s), such
owner(s) shall be notified upon receipt of a proposal affecting their
property and shall be invited to respond to such proposal at or prior
to the public meeting.
(c)
The Historical Advisory Commission shall give 14 days'
public notice of the public meeting to consider the proposal and shall
send written notice to the owner(s) of the affected property. Such
notice shall be published once in a newspaper of general circulation
in the Township and shall indicate the date, time and place of the
public meeting at which the Historical Advisory Commission will consider
the proposal. Notice shall be sent to the registered owner's last
known address as the same appears in the real estate tax records of
the Township Manager and sent to the owner at the street address of
the property in question.
(d)
Any interested party may present testimony or documentary
evidence regarding the proposal at the public meeting, describing
how or why the subject property meets the criteria for designation
as a historic resource, or does not. Such evidence may be presented
at the public meeting held to consider the proposal or may be submitted
in writing to the Township prior to said meeting.
(e)
The Historical Advisory Commission shall present a
written report to the Township Board of Supervisors, within 30 days
following the public meeting, stating its recommendation regarding
the subject proposal, based upon the criteria established herein.
(f)
Based upon the criteria set forth herein and after
receiving the recommendations of the Historical Advisory Commission,
the Township shall, within 30 days of receipt of the report of the
Historical Advisory Commission, render a decision on whether the subject
property shall be classified or reclassified as a historical resource.
Written notice of the action of the Township Board of Supervisors
shall be given to the property owner within 14 days of the Board of
Supervisors' decision. The written notice to the owner of a property
designated as a historic resource shall advise the property owner
of the rights and benefits of the status and shall also advise the
owner of his or her right to decline the status.
(4)
Any proposal by the property owner, the Township Board
of Supervisors or the Historic Advisory Commission for removal of
a property from the inventory shall be considered in accordance with
the following:
(a)
If the proposal to remove the resource does not initiate
from the Historic Advisory Commission, the Township staff shall forward
the proposal to the Historic Advisory Commission which shall hold
a public meeting thereon within 30 days of receipt of the proposal.
(b)
The Historical Advisory Commission shall give 14 days'
public notice of the public meeting to consider the proposal and shall
send written notice to the owner(s) of the affected property. Such
notice shall be published once and shall indicate the date, time and
place of the public meeting at which the Historical Advisory Commission
will consider the proposal. Notice shall be sent to the registered
owner's last known address as the same appears in the real estate
tax records of the Township Manager and sent to the owner at the street
address of the property in question.
(c)
Any interested party may present testimony or documentary
evidence regarding the proposal at the public meeting, describing
why the subject property should be removed from the inventory of historic
resources, or why the property should remain on the inventory. Such
evidence may be presented at the public meeting held to consider the
proposal or may be submitted in writing prior to said meeting.
(d)
In accordance with the procedure set forth herein
and after receiving the recommendations of the Historical Advisory
Commission, the Township Board of Supervisors shall from time to time
review structures, sites and objects for removal from the historic
resources inventory, or to change classification. Written notice of
the action of the Township Board of Supervisors shall be given to
the property owner within 14 days of the Board of Supervisors' decision.
E.
Demolition of historic structures.
(1)
Applicability of demolition permit requirement.
(a)
Demolition of a historic structure is subject to the
provisions of this article.
(b)
Within five days of receipt by the Township, the complete
application for demolition of any historical structure shall be forwarded
to the Historical Advisory Commission, for review and comment. No
demolition permit for a historic resource shall issue for at least
90 days following receipt of the application.
F.
Historic resource impact study.
(1)
Applicability. In the following situations, the Board
of Supervisors may, after receipt of recommendations by the Township
Engineer and the Historical Advisory Commission, require the submission
of a historic resource impact study which shall be submitted to the
Township, the Planning Commission, and the Historical Advisory Commission:
(a)
As part of preliminary plan submission for any subdivision
or land development application which proposed new construction of
buildings, structures, roads, driveways, parking areas, or other land
disturbance on the same lot as a historic resource, or on a neighboring
property within 300 feet of the exterior walls of any historic resource.
(b)
Where general bridge or road construction or substantial
repair is proposed within 250 feet of the exterior walls of any historic
resource.
(c)
In the event of an application for a special exception
or variance to the Zoning Hearing Board by the property owner.
(2)
Contents. The historic resource impact study shall
contain the following information:
(a)
Background information.
[1]
If not otherwise provided by the applicant,
a general site description of the site subject to application, including
topography, watercourses, vegetation, landscaping, existing drives,
etc.
[2]
General description and classification of all
historic resources located within 300 feet of any proposed land development
or land disturbance.
[3]
Physical description of all such historic resources.
[4]
Narrative description of the historical significance
of each historic resource, relative to both the Township and to the
region in general.
[5]
Sufficient number of black and white eight-inch-by-ten-inch
photographs to show each historic resource in its setting.
(3)
Assessment of potential impacts to historic resources.
(4)
Mitigation measures. Suggested approaches to mitigate
potentially negative impacts to historic resources, including design
alternatives, buffering, landscaping, conservation of existing vegetation,
and any other appropriate measures permitted under the terms of this
and other Township ordinances.
G.
Violations, penalties and enforcement. Any person
who violates the terms of this article shall be subject to the enforcement
procedures, fines and penalties provided for in the East Norriton
Township Zoning Ordinance.[1] In addition:
(1)
In the event any person demolishes or threatens to
demolish a historic resource in violation of the provisions of this
article, or violates any conditions or requirements specified in a
special exception or permit issued under the terms of this article,
the Township Board of Supervisors may institute any proceeding, at
law or in equity, necessary to enforce the provisions of this article.
Such proceeding may include, but is not limited to, an action to compel
the reconstruction and/or restoration of the historic resource to
its condition and appearance as existed immediately prior to the violation.
Such restoration shall be in addition to, and not in lieu of, any
penalty or remedy available under this article or any other applicable
law.
(2)
In the event the Township Board of Supervisors authorizes the commencement of an action pursuant to Subsection G(1) of this section, the Zoning Officer shall withhold issuing any building permit for the construction of any building or structure proposed to be located in any location on the site of the subdivision or land development on which the historical resource is located, which action would preclude reconstruction or restoration of the historic resource subject to a violation of this article, or any building or structure intended to replace such, unless for the purpose of restoring the historic resource to its condition as existed immediately prior to the violation.
(3)
The Zoning Hearing Board may, as a condition of any
special exception granted hereunder, and the Township Board of Supervisors
may, as a condition of approval of any subdivision or land development
application involving any property which, at the date of enactment
of this article, was occupied by an historic resource(s) that subsequently
was demolished or otherwise altered in violation of this article,
impose a condition requiring the satisfactory reconstruction or restoration
of any such historic resource(s).
(4)
The Township, through such person or agency charged
by the Township Board of Supervisors with enforcement of the provisions
of this article, shall monitor the progress and status of any change
being made to an historic resource subject to the provisions of this
article, and shall render such reports thereon to the Board of Supervisors
and to the Historical Advisory Commission as may be necessary to assure
compliance with the provisions of this article and/or any compliance
with any conditions which may have been attached to any building permit,
demolition permit, subdivision/land development approval, special
exception or conditional use approval.
(5)
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 article.
