[HISTORY: Adopted by the Board of Supervisors
of the Township of Birmingham 3-1-1993 by Ord. No. 93-01. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Birmingham Township Historic District Protection Ordinance
of 1993."
This chapter shall be effective five days after its enactment, the Pennsylvania Historic and Museum Commission having previously certified the historical significance of the areas designated as "Historic Districts" under the Township's Chapter 122, Zoning, and the Zoning Map, said districts being designated as overlay districts on the Historic District Overlay Map incorporated within and forming a part of Chapter 122, Zoning, of the Code of Birmingham Township, Chester County.[1]
A.
Appointment. For the purpose of making effective the
provisions of this chapter, there is hereby created a Board to be
known as the "Board of Historical Architectural Review" to be composed
of five members, at least two of whom shall be residents of Birmingham
Township. The Board of Supervisors shall appoint a Board of Historical
Architectural Review consisting of five members, one of whom shall
be designated to serve until the first day of January following the
adoption of this chapter, one until the first day of the second January
thereafter, one until the first day of the third January thereafter,
one until the first day of the fourth January thereafter and one until
the first day of the fifth January thereafter. Their successors shall
be appointed on the expiration of their respective terms to serve
five years. The members of the Board shall be removable for cause
by the appointing authority upon written charges and after public
hearing. Vacancies shall be filed for the unexpired term of any member
whose term, becomes vacant.
B.
Composition. The Board of Historical Architectural
Review shall consist of:
(1)
One member, a registered architect.
(2)
One member, a real estate broker.
(3)
One member, a building inspector.
(4)
Two members from the public, each with knowledge of
and interest in the preservation of historic districts. When feasible,
one of the these two members shall be a member of the Birmingham Township
Planning Commission.
C.
Compensation. The members of the Board of Historical
Architectural Review shall serve without compensation but may be reimbursed
for direct expenses. The Board of Historical Architectural Review
may, pursuant to appropriations authorized by the Board of Supervisors,
incur such expenses as may be necessary to the enforcement of this
chapter.
D.
Conduct of business. The Board of Historical Architectural
Review shall elect its own Chair and Vice Chair and create and fill
such other offices as it may determine. Officers shall serve annual
terms and may succeed themselves. The Board of Historical Architectural
Review may make and alter bylaws and rules and regulations to govern
its procedures, consistent with the ordinances of Birmingham Township
and the laws of the Commonwealth of Pennsylvania; shall keep a full
record of its business; and shall make a written report of its activities
to the Board of Supervisors by March 1 of each year. Interim reports
may be made as often as may be necessary or as requested by the Board
of Supervisors.
E.
Duties.
(1)
The Board of Historical Architectural Review shall give counsel to the Board of Supervisors regarding the advisability of issuing any certificates which the Board of Supervisors is required to issue pursuant to this chapter, Chapter 122, Zoning, and Act 167 of 1961,[1] and shall hold such meetings and render such reports as are required by § 61-5 hereof. In determining the counsel to be given to the Board of Supervisors relative to the issuance of a certificate of appropriateness, the Board of Historical Architectural Review shall consider only those matters that are pertinent to the preservation of the historic aspect and nature of the buildings and structures located within historic districts, including:
(a)
The effect which the proposed change will have upon
the general historic and architectural character and appearance of
the district.
(b)
The appropriateness of exterior architectural features
which can be seen from a public street or way.
(c)
The general design, arrangement, texture, material,
color of the building or structure and the relation of such factors
to the traditional architectural character of the district.
[1]
Editor's Note: See 53 P.S. § 8001
et seq.
(2)
As part of its duties, the Board of Historical Architectural Review
shall recommend design guidelines for Birmingham Township Historic
Districts, and periodically review the content of such guidelines
and, where warranted, make recommendations to the Board of Supervisors
for amendments to the guidelines.[2]
[Amended 12-5-2016 by Ord. No. 16-02]
The application for a building permit for any building changes with respect to any buildings or structures located within an historic district as specified in Chapter 122, Zoning, shall be filed with the Zoning Officer of Birmingham Township, together with an application for certificate of appropriateness and the filing fee required under the schedule of fees then in effect.[1] The application for a certificate of appropriateness shall include a site plan at a scale of one inch to 40 feet and schematic architectural drawings of the proposed changes at a scale of one foot to 1/4 inch, shall address the issues set forth in § 61-5C below and shall include such other material and such number of copies thereof as may from time to time be required in accordance with the rules and regulations of the Board of Historical Architectural Review. Within three days after receiving such applications for a building permit and certificate of appropriateness, the Zoning Officer shall forward copies of the applications, together with all plans and other documentation submitted therewith, to the office of the Board of Historical Architectural Review.
[1]
Editor's Note: A Schedule of Fees is on file
in the office of the Township Secretary.
A.
Meeting. Within 30 days from the time said application
for a building permit is received by the Board of Historical Architectural
Review, a public meeting shall be held by said Board pursuant to public
notice as required by law to consider the recommendations which it
will give to the Board of Supervisors. The person applying for the
permit shall be given a minimum of 10 days' notice of the time and
place of said meeting and shall be invited to appear to explain the
reasons for such application. The Board need not maintain a verbatim
transcript of the meeting, but its Secretary shall keep minutes.
B.
Findings after meeting.
(1)
Within 30 days following the conclusion of the meeting,
the Board of Historical Architectural Review shall, by official written
communication to the applicant, recommend either:
(a)
The issuance of a certificate of appropriateness authorizing
a permit for the proposed changes as submitted;
(b)
The issuance of a certificate of appropriateness subject
to specified changes and conditions not included in the application
as submitted but which, in its opinion, would protect the historical
character of the building, site or area which is proposed to be changed
or which would otherwise render the proposed changes more in harmony
with the design guidelines; or
(c)
The denial of a certificate of appropriateness with
respect to the proposed changes as submitted, making specific reference
to the design guidelines and/or adverse effects of the proposed changes.
(2)
Failure of the Board of Historical Architectural Review
to so act within said period shall be deemed to constitute a recommendation
for the issuance of a certificate of appropriateness with respect
to the application as submitted. In the event that the recommendation
for the issuance of a certificate of appropriateness is subject to
conditions, the applicant may, within 10 days after receiving a copy
of the official written communication from the Board of Historical
Architectural Review, give notice of refusal to accept all of the
conditions, in which case the Board shall be deemed to have recommended
against the issuance of a certificate of appropriateness. In the event
that this applicant does not, within said period, notify the Board
of his refusal to accept all of said conditions, conditional recommendation
of the application with all conditions shall stand as recommended.
C.
Report to the Board of Supervisors. Upon or before
the expiration of the aforesaid forty-day period, the Board of Historical
Architectural Review shall submit to the Board of Supervisors, in
writing, its counsel concerning the issuance of a certificate of appropriateness
to authorize a permit for the erection, reconstruction, alteration,
restoration, demolition or razing of all or a part of any building,
site or area for which an application for a building permit has been
made in accordance with § 61-4A hereof. The written report
shall set out 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 certified to
have historical significance, with their general exterior characteristics.
(4)
The effect of the proposed change upon the general
historic and architectural nature of the district.
(5)
The appropriateness or inappropriateness of exterior
architectural features which can be seen from a public street or way,
referencing, where applicable, specific provisions within the Board's
design guidelines.
(6)
The general design, arrangement, texture, material
and color of the building or site, and the relation of such factors
to similar features of other buildings or sites in the district which
have been certified to have historical significance.
(7)
The opinion of the Board, including any dissent, as
to the appropriateness of the work proposed in regard to preserving
or destroying the historic aspect and nature of the building, site
or area.
(8)
The specific counsel of the Board of Historical Architectural
Review regarding the issuance of or refusal to issue a certificate
of appropriateness.
(9)
Any changes in plans and specifications recommended
by the Board of Historical Architectural Review.
A.
Meeting. Upon receipt of the written counsel of the
Board of Historical Architectural Review, the Board of Supervisors
shall consider at a regular or specially scheduled Supervisors' meeting
the question of issuing a certificate of appropriateness authorizing
a permit for the work proposed by the applicant. The applicant shall
be given 10 days' notice by the Township Secretary of the time and
place of the public meeting at which the application will be considered
and shall have the right to attend and be heard regarding the application.
All interested persons may appear and be heard at the meeting held
by the Board of Supervisors, which shall be duly advertised as provided
by law.
B.
Decision of the Board of Supervisors.
(1)
Within 30 days following the conclusion of the aforesaid
public meeting, the Board of Supervisors shall, by official written
communication to the applicant, either:
(a)
Issue a certificate of appropriateness authorizing
a permit for the proposed changes as submitted;
(b)
Issue a certificate of appropriateness subject to
specified changes and conditions not included in the application as
submitted but which would protect the distinctive historical character
of the building, site or area which is proposed to be changed; or
(c)
Deny a certificate of appropriateness with respect
to the proposed changes as submitted.
(2)
Failure of the Board of Supervisors to so act within
said period shall be deemed to constitute a decision in favor of the
applicant, and a certificate of appropriateness shall thereupon be
issued. In the event that approval is granted subject to conditions,
the applicant may, within 10 days after receiving a copy of the official
written communication from the Board of Supervisors, give notice of
refusal to accept all of the conditions, in which case the Board shall
be deemed to have denied a certificate of appropriateness. In the
event that the applicant does not, within said period, notify the
Board of Supervisors of refusal to accept all of the said conditions,
the approval, with all conditions, shall stand as granted.
(3)
In determining whether or not to certify to the appropriateness of the proposed changes, the Board of Supervisors shall consider the factors set forth in § 61-3E hereof, the report of the Board of Historical Architectural Review and the consistency or inconsistency of the proposed changes with the design guidelines.[1]
C.
Resolution of the Board of Supervisors. The grant
or denial of a certificate of appropriateness shall be in the form
of a written resolution which shall include findings of fact related
to the specific proposal and shall set forth the reasons of the grant,
with or without conditions, or for the denial. A copy of such resolution
shall accompany the official written communication to the applicant
as provided in this section. In the event that a certificate of appropriateness
is denied, a copy of the written resolution shall be forwarded to
the Pennsylvania Historical and Museum Commission.
D.
Expiration
of certificate of appropriateness. Once a certificate of appropriateness
has been approved by the Board of Supervisors, the applicant shall
have a period of one year from the date of the Board's resolution
approving the certificate to obtain a building permit. If a building
permit is not obtained within one year from the date of the Board's
resolution approving the certificate of appropriateness, the certificate
shall expire. The Board of Supervisors may agree to extend the validity
of the certificate of appropriateness beyond one year by written application
and without the need for a public hearing upon cause shown by the
applicant. Notwithstanding the one-year limit set forth above, if
the development which requires a certificate of appropriateness also
requires subdivision and/or land development approval, the certificate
of appropriateness shall be valid for as long as the approved plan
is valid pursuant to the Pennsylvania Municipalities Planning Code.[2]
[Added 9-7-2010 by Ord. No. 10-03]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
In the event that the Board of Supervisors either
denies a certificate of appropriateness or issues a certificate of
appropriateness subject to specified changes and conditions not acceptable
to the applicant, then the applicant shall have the right of appeal
as follows:
A.
Hearing before the Board of Supervisors. At the applicant's
election, the applicant may file, within 30 days of the issuance by
the Board of Supervisors of its written resolution, a written request
that the Board of Supervisors hold a formal hearing on the application,
maintaining a verbatim stenographic transcript of the evidence presented
in support of and contrary to the request for a certificate of appropriateness.
In such event, the hearing shall be conducted and a record shall be
made and a decision rendered within the time limits specified in the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10908.
In such event, the initial decision of the Board of Supervisors shall
not be considered a final decision, but the Board's decision subsequent
to the prescribed public hearing shall be considered the final decision
of the Board of Supervisors, which shall be subject to further review
in accordance with the provisions of the Pennsylvania Local Agency
Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551
et seq. and 751 et seq.
B.
Direct appeal. In the alternative, the applicant shall
have the right to treat the initial decision of the Board of Supervisors
as a final decision and shall have the right to take a direct appeal
therefrom in accordance with the provisions of the Pennsylvania Local
Agency Law. In such event, the record to be returned to the court
shall include the minutes of the Board of Historical Architectural
Review, the report of the Board of Historical Architectural Review,
all information submitted by the applicant in support of the application
and the formal resolution and findings of the Board of Supervisors.
[Added 6-5-1995 by Ord. No. 95-01; amended 7-1-1996 by Ord. No. 96-08; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, partnership or corporation who or
which has violated or permitted the violation of the provisions of
this chapter enacted under the Municipalities Planning Code or prior
enabling laws shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, pay a judgment of not more than
$500, plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge, determining that there has
been a violation, further determines that there was a good-faith basis
for the person, partnership or corporation violating this chapter
to have believed that there was no such violation, in which event
there shall be deemed to have been only one such violation until the
fifth day following the date of the determination of a violation by
the Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney's fees collected for the violation of this
chapter shall be paid over to the Township.
