For the purpose of this chapter, the following words and phrases
shall have the meaning ascribed to them in this section:
DEMOLITION or DEMOLISH
The razing or destruction, whether entirely or in significant
part, of a building or structure. "Demolition" includes the removal
of a building or structure from its site.
PERSON
An individual, corporation, business trust, estate, trust
partnership, limited-liability company, association, joint venture,
governmental subdivision agency, or instrumentality or any other legal
or commercial entity.
HISTORIC STRUCTURE
Any structure on the National Register of Historic places or the Darby Borough Historical Site Survey list approved by the Council from time to time after consultation and advice with the Darby Borough Historical Commission as provided for in Chapter
11 of the Code of the Borough of Darby.
BOROUGH
Darby Borough, Delaware County, Commonwealth of Pennsylvania.
This chapter shall not be construed to prevent the ordinary
maintenance or repair of any building or structure, where such work
does not require a permit by law, and where the purpose and effect
of such work is to correct any deterioration or decay of, or damage
to, a building or structure and to restore the same to its condition
prior to the occurrence of such deterioration, decay or damage.
Any person aggrieved by a decision of the Council, may, within
30 days after receiving notice of the decision, seek judicial review
of that decision in any court of competent jurisdiction. Each applicant
shall offer interested citizens the opportunity to obtain photographs,
drawings, or other materials they feel would be relevant.
The following penalties and remedies shall be applicable to
violations of this chapter:
A. Penalties.
(1) Failure to perform any action required by this chapter or performance of any action which is prohibited by this chapter shall constitute a violation hereof. Any person violating any of the provisions of this chapter shall be subject to a fine of not more than $600 for each offense plus court costs, including reasonable attorney fees incurred as a result thereof, or in default of payment of the fine, imprisonment not exceeding 90 days. Each day that a violation continues shall constitute a separate violation. All fines collected shall be deposited into the Borough general fund. At the discretion of the Council, these funds may be used for historic preservation, to further the achievement of the purpose described in §
12-1B.
B. Remedies.
(1) Notwithstanding the provisions of Subsection
A of this section, any person who demolishes a building or structure in violation of the provisions of this chapter, or in violation of any conditions or requirements specified in a permit issued pursuant to this chapter, may be required to restore and/or relocate the building or structure involved to its appearance and/or location prior to the violation. Such restoration and/or relocation may be in addition to, and not in lieu of, any penalty or remedy available under this chapter or any other.
(2) Notwithstanding the provisions of Subsection
A of this section, in the event any building or structure is demolished in violation of this chapter, the Council may institute appropriate proceedings in any court of competent jurisdiction to prevent or remedy such unlawful demolition.
Upon the recommendation of the Darby Borough Historical Commission,
or after seeking the advice of the Darby Borough Historical Commission,
the Council may adopt a list of historical structures and may add
structures to the Borough list which the Council finds to be significant
to the Borough for its ability to meet one or any combination of the
following criteria:
A. Listed in or determined to be eligible for the National Register
of Historic Places as provided in the National Historic Preservation
Act of 1966, 16 U.S.C. § 470 et seq.
B. Listed in the Darby Borough Historic Sites Survey prepared by the
Delaware County Planning Department as updated from time to time.
C. Has significant character, interest, or value as an example of the
development, heritage or cultural characteristics of the Borough,
the county, the commonwealth, or the United States.
D. Is the site of a significant historic event.
E. Exemplifies the cultural, political, economic, social or historical
heritage of the community.
F. Embodies distinguishing characteristics of an architectural style
or engineering specimen.
G. Is the work of a designer, architect, landscape architect or engineer
whose individual work has significantly influenced the development
of the Borough, the county, the commonwealth or the United States.
H. Contains elements of design, detail, materials or craftsmanship,
which represent a significant innovation.
I. Is the singular known example of a design or use of material or style
of architecture within the Borough.
J. Is part of the historic context of a square, park, or other distinctive
area which should be preserved, according to a plan, based on an historic,
cultural, or an architectural context.
K. Is a landmark; that is, an established and familiar visual feature
which assists in defining the character of the neighborhood, community
or Borough due to its unique location or singular physical characteristic.
L. May yielded or is likely to yield information of importance to the
Borough's, county's, commonwealth's, or United States history.