[HISTORY: Adopted by the Borough Council
of the Borough of Sayre 4-26-2004 by Ord. No. 830.[1] Amendments noted where applicable.]
In accordance with the provisions of Act 167,[1] entitled "An Act Authorizing Counties, Cities, Boroughs,
Incorporated Towns and Townships to Create Historic Districts Within
Their Geographic Boundaries; Providing For the Appointment of Boards
of Historical Architectural Review; Empowering Governing Bodies of
Political Subdivisions to Protect the Distinctive Historical Character
of These Districts and to Regulate the Erection, Reconstruction, Alteration,
Restoration, Demolition or Razing of Buildings within the Historic
Districts," adopted by the General Assembly of Pennsylvania on the
13th day of June 1961, and as amended, there is hereby created in
the Borough of Sayre an historic district to be known as the "Sayre
Borough Historic District."
[1]
Editor's Note: See 53 P.S. § 8001
et seq.
This chapter shall be entitled "An Ordinance
to Control the Demolition or Razing of Buildings or Structures in
the Sayre Borough Historic District."
This chapter shall be known and may be cited
as the "Sayre Borough Historic Ordinance."
The intent of this chapter is as follows:
A.
To preserve historic buildings and structures located
within the Historic District.
B.
To protect those portions of the Borough which reflect
the cultural, economical, social, political, and architectural history
of the Borough of Sayre.
C.
To awaken an interest in our historic past.
D.
To strengthen the Borough's economy.
E.
To stabilize and improve property values in said district.
F.
To promote the use of the buildings and structures
in the Historic District for the culture, education, pleasure and
the general welfare of the people of the Borough of Sayre.
The Historic District shall consist of the following
areas:
A.
The proposed National Register District, as recommended
by the Pennsylvania Museum Commission, as set forth on a map prepared
by the Bradford County Planning Commission and approved by Sayre Borough
Council and attached hereto and made a part of this chapter as amended
on October 16, 2008.[1]
[Amended 11-21-2005 by Ord. No. 837; 10-16-2008 by Ord. No.
861]
[1]
Editor's Note: Said map is on file in the
Borough offices.
As used in this chapter, the following terms
shall have the meanings indicated:
The governing body of the Borough of Sayre.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons
or personal property.
The officer of the Borough designated by the Council as the
individual who issues the permit for the demolition or razing of all
or a part of any building or structure in the Borough of Sayre.
The dismantling or tearing down of all or a part of any building
or structure.
An approval statement signed by the Code Officer authorizing
the demolition or razing of all or parts of any building or structure.
The request filed by any person with the Code Officer that
seeks authorization to raze or demolish all or parts of any building
or structure.
A Planning and Zoning Commission of the Borough of Sayre.
The agency that advises the Borough Council on any requests
for authorization to demolish or raze all or a part of any building
or structure within the Historic District.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a fixed location
on the ground.
A.
The Review Board is the agency that advises the Borough
Council on any requests for authorization to demolish or raze all
or a part of any building or structure within the Historic District.
B.
For purposes of this chapter, the Sayre Borough Planning
and Zoning Commission shall serve as the Review Board.
A.
Certificate of appropriateness for building demolition.
(1)
The Review Board shall review requests for the demolition of any contributing building or structure located in the Sayre Borough Historic District. Contributing buildings and structures are identified on the Sayre Borough Historic District Map as set forth in § 97-5.
(2)
The Review Board shall review all applications for
the above-listed demolition to buildings and shall forward their recommendation(s)
to the Sayre Borough Council for final consideration.
B.
Procedures of the Code Officer applications for permits. When the Code Officer receives an application requiring the issuance of a permit for a property in the Historic District, procedures for the officer, at that time, shall be followed. The Code Officer shall also verify that the requested demolition requires either a certificate of appropriateness as referenced in § 97-8A, or no review by Review Board or Borough Council. If the proposed work requires Review Board and/or Borough Council review and approval, no permit(s) shall be issued by the Code Officer until the proper reviews and actions have been rendered by the Review Board and/or Borough Council as described in this chapter. All applications requiring review must be received at least seven days prior to a scheduled Review Board meeting to be considered.
C.
Within five days of receipt of an application requiring
review, the Code Officer shall notify the Review Board that said application
requiring review has been filed, and the Review Board shall, within
40 days of receipt of such notice, schedule meetings to consider the
recommendation which it will present to the Borough Council. The Borough
Council will then make a final decision based on information obtained
from the Review Board.
D.
In the event that the Review Board fails to hold its
required meeting within 40 days from the date it receives notice from
the Code Officer that an application requiring review has been filed
or thereafter fails to submit its written report to the Borough Council
within 40 days of its meeting or in the event that the Borough Council
fails to hold its required meeting and to render its decision within
40 days from the date it receives the written report of the Review
Board, the decision shall be deemed to have been rendered in favor
of the applicant, unless the applicant had agreed in writing to an
extension of time.
E.
Any applicant may appeal an adverse decision of the
Sayre Borough Council to the Bradford County Court of Common Pleas.
In determining the recommendation to be presented
to the Borough Council concerning the issuing of a certificate of
appropriateness authorizing the issuance of a demolition permit, the
Review Board shall consider the following matters:
A.
The effect of the proposed change upon the general
historic and architectural nature of the district shall be considered.
B.
The building should possess a high degree of integrity
and quality with a minimum of no architecturally significant intrusions.
C.
The building should possess a sense of cohesiveness
through characteristics of architectural style, such as height, proportion,
scale, rhythm, and detail.
D.
The building should possess a special character or
special historical and aesthetic atmosphere, which distinguishes it
from the surrounding area.
E.
The building should be readily definable by either
man-made or natural boundaries with a major focal point or points
within it.
F.
The building should be significant in the historical
or cultural life of the Borough, the commonwealth, or the nation.
G.
The Borough need not represent a particular architectural
style and may, in fact, contain a wide variety of styles, provided
that they are in harmonious relationship.
The Code Officer shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this chapter.
If a building presents a clear and present danger
to the public or has been rendered unfit for habitation because of
fire, explosion or similar cause, the terms of this chapter may be
temporarily waived to the extent that the applicant can render interim,
short-term repairs to ensure the property is safe and habitable under
the terms of the Building Code[1] of the Borough of Sayre as previously adopted and amended.
Any changes made to the building other than emergency repairs, and
any permanent alterations, shall be subject to the requirements of
this chapter.
Any person, firm or corporation who shall fail
to comply with the requirements of this chapter or violate the terms
hereof shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of
payment of such fine and costs, be imprisoned for a period not in
excess of one day for each dollar in default up to a maximum imprisonment
of 90 days; provided, however, that each day's continuance of a violation
of any of the provisions of this chapter shall constitute a separate
offense.
