Borough of Lansdowne, PA Article VI Review of Applications

§ 203-11 Review procedure.

A. No person shall commence any work regulated by this chapter without first filing an application for a building permit and/or a certificate of appropriateness with the Borough Building Inspector, as appropriate. Upon receipt of a completed application for a building permit or a certificate of appropriateness for work to be done in the Historic District, the Building Inspector shall act in accordance with the procedures being followed in that office, except those procedures that are modified by the following requirements:

(1) The Building Inspector shall determine whether the work proposed needs to be forwarded to the HARB for administrative approval review. If not, he or she shall forward copies of the completed application for a building permit, together with copies of any plot plan and building plans and specifications filed by the applicant, to the HARB.

(2) The Building Inspector shall not issue a building permit for any erection, alteration, reconstruction, repair, restoration or demolition of all or part of any building or structure in the Historic District until the Borough Council has issued a certificate of appropriateness.

(3) The Building Inspector shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit or certificate of appropriateness so that the information needed to make the determination, as set forth in Subsections H(1) through H(8), will be available.

(4) The Building Inspector shall maintain in his or her office a record of all such applications and final dispositions of the same.

B. Board review of applications. Upon receipt of a completed building permit or certificate of appropriateness application under the jurisdiction of this chapter, the HARB shall consider such at its next regularly scheduled meeting or special meeting.

C. Notification of applicant of HARB meeting. The owner of record or his or her representative(s) applying for a certificate of appropriateness and/or a building permit shall be advised of the time and place of said meeting and be invited to appear to explain his or her reasons at least 10 days before the HARB meeting. The HARB may invite such other persons as it desires to attend its meeting.

D. Deemed approval. Should the HARB fail to notify the applicant of its decision within 45 days following the completion of its review of the application, it shall be assumed, as a matter of law, that the HARB has recommended the application for approval by the Borough Council, unless the applicant waives the time limit in writing.

E. Design guidelines. In determining both oral and written recommendations to be presented to the Borough Council concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, alteration, reconstruction, repair, restoration, demolition, or demolition by neglect of all or a part of any building or structure within the Historic District, the HARB shall consider the design guidelines set forth in §§ 203-9 and 203-10 and such design guidelines developed by the HARB pursuant to and congruent with the objectives of this chapter.

F. Time frame for Board decision. The HARB shall render a decision and recommendation on any application for a building permit and/or certificate of appropriateness under its review no later than 45 days after the hearing/meeting provided for in § 203-7 of the chapter and any continuances of such meeting and shall submit, in writing, to the Borough Council recommendations concerning the issuance of a certificate of appropriateness.

G. Application disapproval by HARB. If the HARB decides to advise against the granting of a certificate of appropriateness, it shall so indicate to the applicant for a building permit. The disapproval shall indicate to the applicant the changes in plans and specifications, if any, which would protect: 1) the distinctive historical character of the Historic District; and 2) the architectural integrity of the building or structure. The HARB shall withhold its report for five days to allow the applicant to decide whether or not to make the suggested changes in his or her plans and specifications. If the applicant determines that he or she will make the necessary changes, he or she shall so advise the HARB, which shall in turn advise the Borough Council accordingly.

H. Contents of written report. The written report to Borough Council concerning the HARB's recommendations on the issuance of a certificate of appropriateness shall set out the findings of fact that shall include but not be limited to the following matters:

(1) The exact location of the area in which the work is to be done.

(2) The exterior changes to be made or the exterior character of the structure to be erected.

(3) A list of the surrounding structures with their general exterior characteristics.

(4) The effect of the proposed change upon the general historic and architectural nature of the Historic District.

(5) The appropriateness of exterior architectural features of the building which can be seen from a public street or way.

(6) The general design, arrangement, texture, and material of the building and the structure and the relation of such factors to similar features of building or structures in the Historic District.

(7) The opinion of the HARB (including any dissent) as to the appropriateness of the work or project proposed as it will preserve or destroy the historic character and nature of the Historic District.

(8) The specific recommendations of the HARB based on findings of fact as to the issuance by the Borough Council or its refusal to issue a certificate of appropriateness.

I. Notification of applicant by the Borough Council of consideration. Upon receipt of the written report from HARB as provided in Subsection G of this section, the Borough Council shall consider at the next regularly scheduled or special meeting the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Borough Manager of the time and place of the meeting at which his or her application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.

J. Design guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition, of all or a part of any building or structure within the Historic District, the Borough Council shall consider the same factors as the HARB set forth in §§ 203-9 and 203-10 of this chapter and the report of the HARB.

K. Approval by the Borough Council. If the Borough Council approves the application, it shall issue a certificate of appropriateness authorizing the Building Inspector to issue the appropriate building or demolition permit for the work covered.

L. Disapproval by the Borough Council. If the Borough Council disapproves the application, a written reason(s) shall be given to the Building Inspector, the applicant and to the Pennsylvanian Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting: 1) the distinctive historical character of the Historic District; and 2) the architectural integrity of the building or structure. Upon receipt of a written disapproval of the Borough Council, the Building Inspector shall disapprove the application for a building permit and so advise the applicant. The applicant may appeal this disapproval to the County Court of Common Pleas within the time specified by law.

M. Final notification by Borough Council. In either case of approval or disapproval, the Borough Council shall notify the applicant of its decision within 45 days of its meeting at which the application was considered. Should the Borough Council fail to notify the applicant of its decision within 45 days of its review of the application, it shall be assumed, as a matter of law, that the application is deemed approved, unless the applicant waives the time limit in writing.

N. Duration of certificate of appropriateness. A certificate of appropriateness will be valid for 18 months after it is issued and will then expire, although the Borough Code Official may grant one or more extensions of up to 90 days each if the Borough Code Official deems such extension to be in the best interests of the Borough. The certificate of appropriateness will also expire if the authorized work is suspended or abandoned for a period of six months after it begins.

[Added 10-4-2017 by Ord. No. 1309]