[§§ 429-151—429-158 adopted 12-6-2016 by Ord. No. 2016-08]
The HP Zone applies to certain properties with historic and
architectural value and is in addition to the regulations of and as
an overlay on the otherwise existing zones in which these properties
are situate. The purpose of the additional HP Zone designation is
to require Land Use Board review of alterations and additions to maintain
the historic character and value of these properties and to establish
a waiting period before the historic buildings involved can be demolished
so that the Borough may explore methods for assistance to preserve
the buildings in their present location or have them moved to other
suitable locations.
The properties set forth on the attached table[1] are designated as being in the HP Zone, in addition to
the zone districts in which they are shown on the Zoning Map. The
block and lot references are to the Borough Tax Maps.
[1]
Editor's Note: The Table of Properties in the HP Zone is included as an attachment to this chapter.
The uses permitted for each of these sites shall be as specified
in the respective zone district in which the site is situated.
No building or structure shall hereafter be erected, reconstructed,
altered, restored or demolished within a site designated as part of
the HP Zone unless and until an application for a building permit
shall have been approved as to exterior architectural features which
are subject to public view from a public street, way or place. Evidence
of such required approval shall be a certificate of approval issued
by the Land Use Board.
A.
In reviewing plans, the Land Use Board shall give consideration to:
(1)
The historical or architectural value and significance of the
building or structure and its relationship to the historic value of
the surrounding area.
(2)
The general compatibility of exterior design, arrangement and
materials proposed to be used.
(3)
Any other factor, including aesthetics, which it deems pertinent.
B.
It is the intent of this section that alterations of, repairs on
and additions to historic and architecturally significant buildings
and structures be made in the spirit of their architectural style.
Criteria for evaluation of historic buildings and structures shall
be those developed by the National Trust for Historic Preservation.
C.
Demolition of historic and architecturally significant buildings
and structures shall be discouraged. Demolition or removal may be
forbidden or postponed for a period of six months from the date of
an application for a demolition permit, and the Land Use Board shall
then consult civic groups and public agencies to ascertain how the
Borough may preserve the building, structure and/or premises. The
Land Use Board is empowered to work out with the owner feasible plans
for preservation of buildings and structures where demolition or removal
thereof would cause notable loss to the public and to the Borough.
Moving of such buildings and structures shall be encouraged as an
alternative to demolition.
D.
When it is necessary to move an historic or architecturally significant
building or structure to another site within the Borough in order
to preserve it, upon approval of relocation plans by the Land Use
Board, said building or structure may be relocated, provided that
it fulfills the area regulations of the respective zone as to lot
size and setbacks. If this conformance is not feasible, variance to
normal yard requirements may be granted where it is deemed that such
variance will not adversely affect neighboring properties and will
maintain the historic appearance of the building or structure.
E.
Any use or construction within an Historic Preservation Zone site
shall require the issuance of a certificate of approval from the Land
Use Board certifying that such use or construction will not detract
from the character of and is in harmony with the nature of said historic
site. Plans and specifications shall be used to support the application.
It is the intent of this section that the compatibility of plans for
such new use or construction be considered in general terms and be
judged with leniency.
F.
Nothing in this section shall prohibit the repair or rebuilding of
any historic building or structure in the Historic Preservation Zone
in order to maintain or return said building or structure to its original
condition prior to its deterioration or destruction or to prevent
the alteration, repair or demolition of any recent building, structure
or addition out of keeping with the architectural character of said
area.
Any building, structure and/or premises of historical or architectural
significance within the Borough may be considered for designation
as an historic site and placed in the Historic Preservation Zone upon
written application to the Land Use Board by the owner or owners of
said property and the approval of the Borough Council after obtaining
the opinion of the Historic Preservation Commissions. Upon such approval,
the site shall be added to the listing above.
Any person aggrieved by the decision of the Planning Board regarding
an historic site shall have the right to appeal to the Borough Council,
which shall arrange a public hearing and shall notify the members
of the Planning Board of the time and place of such meeting. The Borough
Council shall be guided by the standards set forth in this section
and may consult with the Historic Preservation Commissions when considering
the merits of the application.
The Planning Board, with the advice and assistance of the Historic
Preservation Commission, shall review the designation of historic
sites at least once every five years, and if after such review it
deems buildings, structures and/or premises not so designated worthy
of such designation or it if deems buildings, structures and/or premises
so designated not worthy of such designation, it shall made its recommendation
for such changes to the Borough Council.
