Township of Birmingham, PA Historic Preservation

The purpose of this article is to protect historic resources within Birmingham Township as authorized under the Pennsylvania Constitution, Article I, Section 27, and Sections 604 and 605 of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10604 and 10605.

Birmingham Township is nationally significant as the location of the Battle of Brandywine, one of the most famous and significant battles of the Revolutionary War. The entire Township has been designated as a National Historic Landmark by the Commonwealth of Pennsylvania and the United States of America. In addition, the Township has a rich heritage of Quaker settlement and venerable historic buildings contained in the tiny Village of Dilworthtown and the farmsteads of its early settlers.

Pursuant to the authority in the Pennsylvania Historic District Act, Act 167 of 1961, the Township created its first historic district in 1969 which contains the Village of Dilworthtown. The Historic District was expanded in 1978 to include portions of the Birmingham Road corridor. This article is not intended to supersede or repeal any of the provisions in the Birmingham Township Code which govern the Historic District or the Historic Commercial District. The Historic District and Historic Commercial District remain in effect and have regulations particular to their own districts. The regulations contained herein shall be in addition to any of the existing provisions in the Code which govern property which is located within the existing Act 167 Historic District.

It is hereby declared as a matter of public policy that the preservation and protection of historic resources in Birmingham Township is a public necessity and is in the interest of the health, prosperity and welfare of the citizens of Birmingham Township.

The specific purposes of this article are:

(1)

To promote the general welfare by protecting the integrity of historic resources of Birmingham Township;

(2)

To implement the goals of the Pennsylvania Constitution, Article I, Section 27, which establishes the commonwealth's policy of encouraging the preservation of historic and aesthetic resources;

(3)

To establish a clear process by which proposed changes affecting historic resources are reviewed by the Birmingham Township Historical Commission and the Board of Supervisors;

(4)

To mitigate the negative effects of proposed changes on historic resources, to encourage the continued use of historic resources and to facilitate their appropriate reuse and to tailor protective measures to those historic resources in Birmingham Township worthy of preservation;

(5)

To encourage the preservation of historic settings and landscapes, including preservation of the battlefield landscape and scenic vistas; and

(6)

To discourage the unnecessary demolition of historic resources.

§ 122-36.2 Classification of historic resources; adoption of Historic Resource Inventory; changes to Inventory.

Classification of historic resources. Historic resources within Birmingham Township are classified as either Class I, Class II or Class III based on the criteria set forth in the definitions in § 122-6. All Class I, Class II and Class III historic resources shall be included on the Birmingham Township Inventory of Historic Resources.

Adoption of Birmingham Township Inventory of Historic Resources. The Inventory of Historic Resources, which is attached hereto as an appendix,[1] which may be amended and updated from time to time pursuant to the provisions in this section, is hereby adopted.

[1]

Editor's Note: The Inventory of Historic Resources is on file in the Township offices.

Procedure for addition or removal of historic resources from Inventory of Historic Resources; change of classification.

(1)

Any building, outbuilding, site, structure, roadway, object, district or a complex of the same (resource) may be proposed for addition to or removal from the Inventory of Historic Resources, or for a change in classification (Class I, Class II or Class III) by:

(a)

The owner of such resource;

(b)

The Birmingham Township Historical Commission (Historical Commission);

(c)

The Board of Supervisors; or

(d)

Notice from the designating organization (Pennsylvania Historical and Museum Commission or National Register) that the historic resource qualifies as a Class I Historic Resource or no longer meets the criteria upon which its classification was originally based.

All proposals for addition to or removal from the Inventory of Historic Resources, or for a change in classification (Class I, Class II or Class III), shall be referred to the Historical Commission. The Historical Commission shall hold a public meeting following written notice sent to the owner(s) of the resource affected. The Historical Commission shall consider oral testimony and/or documentary evidence regarding the proposal at the public meeting, which may be continued from time to time. The Historical Commission shall present a written report to the Board of Supervisors within 30 days following the close of testimony at the public meetings on the proposal, which report shall state the Commission's recommendation regarding the subject proposal, together with the grounds therefor.

After receiving the recommendations of the Historical Commission, the Board of Supervisors may from time to time, by resolution, add or delete resources to or from the Inventory of Historic Resources or change the classification of an historic resource. The owner of the affected Historic Resource shall be given at least 10 days' prior written notice of the meeting of the Board of Supervisors where the Board will consider such action.

§ 122-36.3 Historical Commission.

Establishment and membership. There shall be an Historical Commission which shall consist of not fewer than five members and not more than nine members who shall be appointed by the Board of Supervisors. The membership of the Commission shall include individuals who have professional experience or a demonstrated interest in history, architectural history, archeology, historical preservation, or related fields. It is preferred, though not required, that a majority of the sitting members of the Historical Commission shall be residents of the Township. Each Commission member shall serve for a term of five years which shall be so fixed that no more than two terms shall expire each year. The Commission shall notify the Board of Supervisors of any vacancies in the Commission, and the Board of Supervisors shall act within 90 days to fill those vacancies. Appointments to fill vacancies for unexpired terms shall be only for the unexpired portion of the term. Members shall serve without pay, but shall be reimbursed for any personal expenditures in the conduct of Commission business when authorized by the Board of Supervisors.

Organization. The Commission shall annually elect, from its own membership, a Chairman who will direct the activities of the Commission and such other officers as may be required for the conduct of its business. A quorum shall be not less than a majority of the current membership. The Commission may make, alter and rescind rules and forms for its procedures consistent with the ordinances of the Township and laws and regulations of the commonwealth. The Commission shall conduct business at regular public meetings. An agenda of each public meeting shall be available for inspection prior to the meeting. The Commission shall keep minutes of its meetings and shall submit an annual report of its activities to the Board of Supervisors by March of each year.

Quorum of Historical Commission. A majority of the sitting members of the Historical Commission shall constitute a quorum thereof.

Expenditures for services. Within the limits of funds appropriated by the Board of Supervisors, the Commission may employ staff or contract for clerical, consulting, or other technical services.

Functions and duties. In accordance with the purposes of this article, the Historical Commission shall have the following functions and duties:

(1)

Maintain a system for the survey and inventory and photographic documentation of historic buildings, sites, structures, objects and districts in the Township;

(2)

Conduct research on and nominate significant resources to the National Register of Historic Places and any other appropriate lists or programs;

(3)

Advise the Zoning Officer and Board of Supervisors on the issuance of demolition and/or building permits for historic resources, as set forth in this article VIIIA;

(4)

Review and comment on subdivision or land development applications which affect historic resources, in accordance with the requirements and procedures of Chapter 103, Subdivision and Land Development, of the Code of the Township of Birmingham;

(5)

Make recommendations to the Board of Supervisors concerning revisions, updates or corrections to the Inventory of Historic Resources and related documentation;

(6)

Maintain an updated list which clearly identifies buildings, sites, structures, objects and districts and their respective classifications as Class I, Class II or Class III Historic Resource;

(7)

Advise the Board of Supervisors or Zoning Hearing Board on all requests for conditional uses or variances affecting historic resources;

(8)

Review applications for the rehabilitation, enlargement or alteration of historic resources for compliance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," as required by § 122-36.8 of this Article VIIIA;

(9)

Photograph ongoing changes to the physical landscape throughout the Township; and

(10)

Perform any other lawful activities which shall be deemed necessary to further the purposes of this article.

§ 122-36.4 Demolition, alteration or modification of historic resources.

Compliance. Any demolition, alteration or modification of a Class I, Class II or Class III historic resource which is listed on the Inventory of Historic Resources shall occur only in full compliance with the terms of this article and other applicable regulations.

Permit requirements. No Class I, Class II or Class III historic resource shall be permitted by the owner thereof to be demolished by neglect. Demolition by neglect includes, but is not limited to, leaving a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied structures should be tightly sealed and fenced off to standards set forth in the Township Building Code. No Class I, Class II or Class III historic resource shall be demolished, altered or modified in whole or in substantial part, including the indiscriminate removal or stripping of any significant interior or exterior architectural features, unless a demolition and/or building permit is obtained from the Zoning Officer of Birmingham Township in accordance with the requirements of this section and other applicable standards and procedures of the Township Building and Fire Codes.

Application for building or demolition permit. In addition to applicable requirements under the Township Building and Fire Codes, an applicant seeking a permit to demolish, modify or alter a Class I, Class II or Class III historic resource shall submit an application for a demolition and/or building permit on forms supplied by the Township. The application shall include the following information with regard to the historic resource which is proposed to be demolished:

(1)

Owner of record;

(2)

Location upon the Cultural Resources Map and documentation regarding whether the historic resource is a Class I, Class II or Class III historic resource;

(3)

Site plan showing all buildings and structures on the property where the historic resource is located;

(4)

Recent photographs of the resource proposed for demolition, alteration or modification;

(5)

Reasons for the demolition, alteration or modification;

(6)

Method of demolition, alteration or modification;

(7)

Future uses of the site and of the materials recovered from the demolished resource; and

(8)

Names and addresses of all property owners within a five-hundred-foot radius of the property on which the historic resource is located.

Proposed demolition, alteration or modification of historic resources. The Zoning Officer will review all applications for demolition and/or building permits and confirm that the application concerns a Class I, Class II or Class III historic resource. If the application proposes to demolish a Class I, Class II or Class III historic resource, the Zoning Officer will advise the applicant that he must comply with the procedures and requirements set forth in this article prior to demolition, alteration or modification.

Notice requirements. Prior to the Historical Commission's meeting at which the applicant's application for a demolition and/or building permit will be considered, the applicant shall forward a notice to all property owners within a five-hundred-foot radius of the property line by certified mail, return receipt requested. This notice shall include the tax parcel number on which the historic resource is located, the name of the resource if one exists, and the scheduled meeting date and time when the Historical Commission will review and accept public comment on the application.

Review by the Birmingham Township Historical Commission. The Zoning Officer shall notify the Historical Commission of the application for a demolition or building permit within five days of acceptance of a properly completed application (with the required documentation set forth in the above section), including the necessary filing fee. Within 30 days of the date of receipt of the application, at its regular or a special meeting, the Historical Commission shall consider the application for demolition, alteration or modification. The applicant shall be notified of the meeting and encouraged to present written and photographic evidence or testimony pertaining to the demolition, alteration or modification. In reviewing the application for a demolition and/or building permit the applicant shall present evidence with regard to, and the Historical Commission shall consider, the following criteria:

(1)

The effect of demolition, alteration or modification on the historical significance and architectural integrity of neighboring historic resources;

(2)

The feasibility of adaptively reusing the resource proposed for demolition, alteration or modification;

(3)

All practical alternatives to demolition, modification or alteration of the resource, including relocation of the structure or sale thereof or of the property on which the same is located;

(4)

Any expert testimony, such as a certified engineering report regarding the structural stability of the resource, documenting threats to public safety;

(5)

The archaeological potential of the site;

(6)

Cogent public comment regarding the resource or surrounding historic resources which may be impacted by the proposed demolition, alteration or modification, including, without limitation, information in response to that submitted by the applicant;

(7)

Economic feasibility of adaptive reuse of the resource proposed for demolition, alteration or modification;

(8)

Whether the resource in its current condition presents an imminent threat to public safety;

(9)

Whether the resource has been demolished by neglect or the owner thereof has otherwise created or contributed to the state of the resource and/or any financial hardship associated with the preservation, rehabilitation or retention thereof; and

(10)

Whether the required retention of the resource would represent an unreasonable economic hardship and/or whether the historic resource can be so preserved, rehabilitated and/or retained, as applicable, so as to allow a reasonable rate of return from the operation of the resource and/or the property on which the same is located.

Initial recommendation by the Historical Commission.

(1)

The Commission may recommend immediate approval of the demolition and/or building permit and may so advise the Board of Supervisors in writing.

(2)

Time periods for decision.

(a)

Alternatively, the Commission may elect to use the following time periods to provide adequate opportunity for documentation of the historic resource as set forth in Subsection J below, preparation of a financial analysis as described in Subsection K below, or dialogue with the applicant on alternatives to demolition, alteration or modification.

[1]

Class I historic resources: a maximum of 90 days from the date the Township receives a complete application for a demolition and/or building permit.

[2]

Class II historic resources: a maximum of 60 days from the date the Township receives a complete application for a demolition and/or building permit.

[3]

Class III historic resources: a maximum of 60 days from the date the Township receives a complete application for a demolition and/or building permit.

(b)

Upon or prior to the expiration of the time periods provided above, the Historical Commission shall recommend to the Board of Supervisors either approval or denial of the demolition and/or building permit. The Historical Commission shall communicate its recommendation(s) to the Board of Supervisors in a written report which specifically addresses the items set forth in Subsection F above to the Board of Supervisors, either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending denial of the application.

Board of Supervisors meeting. Within 30 days after receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application for demolition and/or building permit at a public meeting and shall consider the criteria set forth at Subsection F of this section and shall vote either to approve the application, approve the application with conditions, or deny the application. The applicant shall be notified of the meeting at least 10 days prior to its date, at which time the applicant shall have the right to present evidence in support of the application. The Board of Supervisors will consider any evidence, reports or testimony from interested parties and will render a final decision either to deny or approve the demolition and/or building permit within 30 days of the public meeting where the application for demolition and/ or building permit is considered. This period may be extended by consent of the applicant. The Board of Supervisors may, at its election, deny the application or approve the same with conditions if the Board of Supervisors shall determine that the applicant shall have failed to present substantial evidence with regard to the criteria set forth at Subsection F of this section or that, based on such criteria, demolition, modification and/or alteration of the resource will be contrary to the purposes of this article.

Issuance or denial of demolition and/or building permit. Where the Board of Supervisors acts to either approve or deny the permit application, it shall authorize the Zoning Officer to either issue the permit or give written notice of denial, as applicable. Where the approval is authorized to be granted with conditions attached, the Zoning Officer shall be authorized to issue the permit upon his receipt from the applicant of his written acceptance of those conditions; otherwise, the permit shall be denied.

Documentation. Prior to the issuance of a demolition and/or building permit, the Historical Commission or the Board of Supervisors may require the applicant to provide documentation of the resource proposed for demolition, alteration and/or modification. Such documentation may include photographs, floor plans, measured drawings, archeological surveys, and other comparable forms of documentation.

Financial analysis. In its review of an application to demolish, alter and/or modify an historic resource and so as to allow the Historical Commission to analyze the application's compliance with the criteria set forth at Subsection F of this section, the Historical Commission or the Board of Supervisors may, at the Historical Commission's and/or the Board of Supervisors' election, require the applicant to prepare a financial analysis which shall include and analysis of the cost to renovate, rehabilitate, restore or adaptively reuse the historic resource and the profitability of adaptive reuses of the historic resource.

Reimbursement of costs. Any reasonable costs incurred by the Historic Commission or Board of Supervisors to review plans and studies relating to the demolition, alteration or modification of the historic resource, including fees for consultants specifically retained for this purpose, shall be reimbursed to the Township by the applicant prior to the issuance of the demolition and/or building permit.

§ 122-36.5 Violations and penalties; enforcement.

Any person who violates the terms of this article shall be subject to the enforcement procedures, fines and penalties provided for in § 122-141 as well as applicable enforcement procedures, fines and penalties provided for in Chapter 47 of the Birmingham Township Code governing building construction. In addition:

In the event any person demolishes, alters or modifies an historic resource in violation of the provisions of this article or in violation of any conditions or requirements specified in a permit issued under the terms of this article or suffers or permits the same, the Board of Supervisors may institute any proceeding, at law or in equity, necessary to enforce the provisions of this article, including, but 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 § 122-36.5 or any other applicable law.

In the event that the Board of Supervisors authorizes the commencement of an action pursuant to Subsection A of this § 122-36.5, the Zoning Officer or Building Code Official shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource demolished, altered or modified in violation of this article or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.

In addition to, and not in lieu of, the foregoing, the Zoning Officer or Building Code Official, as applicable, shall issue a stop-work order with regard to any demolition, alteration and/or modification of an historic resource for which a permit has not been obtained pursuant to this article.

§ 122-36.6 Landscaping and screening.

A landscape plan shall be required for subdivision or land development applications, conditional use applications, special exception or variance applications which involve: a tract of land which is itself designated as a Class I, Class II or Class III historic resource; a tract of land which contains a Class I, Class II or Class III historic resource; or a tract of land whose property lines are within 500 feet of a Class I, Class II or Class III historic resource. The landscape plan shall be prepared in accordance with the standards contained in § 122-102C of this chapter, in addition to other standards of this section. The plan shall be submitted to the Historical Commission for review and comment based on the general purposes and objectives of this article prior to the respective hearing or meeting before the Board of Supervisors or Zoning Hearing Board.

There shall be a minimum building setback of 200 feet from any Class I, Class II or Class III historic resource for any new buildings or structures. This minimum setback requirement may be reduced at the discretion of the Board of Supervisors if it can be demonstrated to the satisfaction of the Board of Supervisors that the historic resource can be adequately protected through existing or proposed landscaping, topography, architectural controls, or other features.

The applicant shall demonstrate preservation of sufficient landscaped or buffer area surrounding Class I, Class II or Class III historic resources to retain the integrity of the historical landscape setting. The applicant shall also demonstrate mitigation of any impacts to the historical landscape setting through plans showing the introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link historic structures to their landscape setting.

The landscape plan shall be prepared by a registered landscape architect and shall strive to minimize the impact of the proposed development on the historic resource through screening, buffering, building locations and orientations, and plant material selection. The plan shall strive to save mature trees within the development and utilize native species. The landscape plan shall show all pertinent information, including the location, sizes, and species of all individual trees and shrubs to be removed, planted, or preserved.

Provisions of this section shall not be construed to conflict with or override any of the provisions of Chapter 103, Subdivision and Land Development. When there is a conflict, the more restrictive of the provisions shall govern.

§ 122-36.7 Changes to historical resources.

Any additions, alterations, renovations, rehabilitation, preservation, reconstruction, restoration, stabilization or improvements to a Class I, Class II or Class III historic resource shall be in substantial compliance with the Secretary of the U.S. Department of the Interior's Standards for Rehabilitation which are reproduced below:

1.	Every reasonable effort should be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2.	The distinguishing original qualities or character of a building, structure, or site and its environment should not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3.	All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance should be discouraged.
4.	Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired historic significance in their own right, and this significance should be recognized and respected.
5.	Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site should be treated with sensitivity.
6.	Deteriorated architectural features should be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of difference architectural elements from other buildings and structures.
7.	The surface cleaning of structures should be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials should not be undertaken.
8.	Every reasonable effort should be made to protect and preserve archeological resources affected by, or adjacent to any project.
9.	Contemporary design for alterations and additions to existing properties should not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
10.	New additions or alterations to structures should be done in such a manner that if such alterations and additions were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

§ 122-36.8 Historic resource impact study.

Applicability. An historic resource impact study ("HRIS") shall be submitted to the Township, unless waived or modified by the Board of Supervisors, in the following situations:

(1)

As part of a preliminary plan submission for any subdivision or land development application which proposes new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 500 feet of the property line of a property upon which is situated a Class I, Class II or Class III historic resource.

(2)

As part of a preliminary plan submission for any subdivision or land development application which proposes adaptive reuse or demolition, alteration or modification of a Class I, Class II or Class III historic resource.

Contents. The HRIS shall be prepared by a qualified professional in historic preservation, historical architecture, planning, or related disciplines and shall contain the following information, unless waived or modified by the Board of Supervisors:

(1)

Background information.

(a)

If not otherwise provided by the applicant, a general description of the site subject to the application, including topography, watercourses, vegetation, landscaping, existing drives, etc.

(b)

General description and classification of all historic resources located within 500 feet of any proposed land development or land disturbance.

(c)

Physical description of all historic resources.

(d)

Narrative description of the historical significance of each historic resource, relative to both the Township and to the region in general.

(e)

Sufficient number of black and white or color eight-inch-by-ten-inch photographs to show each historic resource in its setting.

(2)

Assessment of potential impacts to historic resources.

(a)

Description of potential impact(s) to each historic resource with regard to architectural integrity, historic setting, and future use.

(3)

Mitigation measures.

(a)

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 chapter and other Township ordinances.

The HRIS will be reviewed by the Historical Commission. Prior to the issuance of preliminary plan approval for a subdivision or land development, the Historical Commission shall set forth its evaluation and recommendations concerning the impact of the proposed development or subdivision upon the historic resource in a written report to the Board of Supervisors. The Board of Supervisors shall consider such report in its decision approving or denying the land development or subdivision.