[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park 10-19-2010 by Ord.
No. 1193. Amendments noted where applicable.]
This chapter shall be known as the "Ridley Park Borough Historic
District Ordinance."
The Historic Districts in Ridley Park are created for the following
purposes:
A.
To encourage the preservation and protection of historic sites and
historic architectural resources.
B.
To emphasize the richness of our past as evidenced by buildings,
archaeological remains, and other historic resources which contribute
to the character, culture and historical architectural heritage of
the Borough of Ridley Park and the Commonwealth of Pennsylvania.
C.
To encourage that new buildings and developments be harmonious with
existing historic and architecturally significant buildings.
D.
To promote adaptive reuse rather than demolition of buildings in
the Historic District.
E.
To strengthen the economy of the Borough by stabilizing and improving
property values within the Historic District.
F.
To preserve the exterior architectural character of buildings/structures
as visible from any public street or way.
G.
To maintain and protect the residential character and spirit of the
community. No provision of this chapter shall be construed as promoting
the development of commercial tourism activity within the Borough
of Ridley Park.
As used in this chapter, the following terms shall have the
meanings indicated:
Any substantial change to a part of a building visible from
a public way, excluding changes of paint color.
[Amended 6-21-2011 by Ord. No. 1197]
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy, shelter and/or other
functional use.
The officer of the Borough of Ridley Park designated by the
Borough Council as the individual who issues the permit for the construction,
alteration, reconstruction, restoration, demolition, or razing of
all or a part of any building or structure.
An approval statement signed by the Building Inspector authorizing
the construction, alteration, reconstruction, restoration, demolition,
or razing of all or a part of any building or structure.
The request filed by any person with the Building Inspector
that seeks authorization to construct, alter, reconstruct, restore,
demolish, or raze all or a part of any building or structure.
The approval statement signed by the Borough Council and
the HARB which certifies the appropriateness of a particular request
for the construction, alteration, reconstruction, restoration, demolition,
or razing of all or a part of any building or structure within the
Historic District.
Any or all work necessary for the erection of any building
or structure from a combination of materials which form safe and stable
structures.
The dismantling or tearing down of all or part of any building
or structure and all operations incidental thereto.
The physical appearance of a building and its relationship
to neighboring buildings.
Structures meant to confine, enclose, bar from entry or view,
divide or mark a boundary.
The Historical Architectural Review Board is the agency appointed
by the Borough Council for the purpose of reviewing an application
for a certificate of appropriateness and determining if the proposed
work is in compliance with the ordinance. According to the Historic
District Act, Act of June 13, 1961, P.L. 282, No. 167, as amended,
53 P.S. § 8001 et.seq., this Board may also be referred
to as the "Board of Historical Architectural Review" (BHAR).
That region of the Borough declared historically significant
by the Pennsylvania Historical and Museum Commission in accordance
with Act 167, as above stated.
Requirements necessary to meet the minimum standards of maintenance criteria as described in § 121-14 hereof.
The Ridley Park Planning Commission which advises the governing
body on planning and planning-related matters.
An accessway which includes all state roads and highways;
all dedicated roads maintained by the Borough; all roads for which
the offer of a deed of dedication has been made; and all private roads
over which the general public has the right of access.
Any or all work needed to remake or rebuild all or a part
of any building to a sound condition, but not necessarily of original
materials.
To restore a building to useful condition while meeting the
criteria of the HARB.
Any or all work involving the replacement of existing work
which equivalent materials for the purpose of maintenance, but not
including any addition, change, or modification of the structure.
Any or all work connected with the returning or restoring
of a building or a part of any building to its original condition
through the use of original or nearly original materials.
Includes all buildings, signs, curbs, streets, roads, fences,
walls, and other man-made features of the landscape.
Structures meant to confine, enclose, bar from entry or view,
divide or mark a boundary or retain earth.
The provisions of this chapter shall apply to all properties:
A.
Delineation of boundaries. The Ridley Park Historic District is described
as follows:
(1)
North-south routes.
(a)
Free Street from Ward Avenue to Ridley Avenue.
(b)
Harrison Street from Dupont Street to Ridley Avenue.
(c)
Swarthmore Avenue.
[1]
West side from West Rodgers Street to Dupont Street.
[2]
East side to include houses #515, 513, 511, 509, 507.
[3]
Both sides from Dupont Street to Amtrak railroad tracks.
[4]
West side from Amtrak railroad tracks to alleyway behind rear
lines of properties fronting Felton Street.
[5]
East side from Felton Street to includes houses #1 (Taylor green
space), 3, 5, 7, and 15.
(d)
Tome Street from Russell Street to Ward Avenue, including #601
and excluding the school building on the west side.
(e)
Morton Avenue from Russell Street to Ridley Avenue.
(f)
Rosemont Avenue from Henderson Avenue to Chester Pike.
(g)
Poplar Walk: entire street.
(h)
Nevin Street: entire street.
(i)
Welcome Lane: entire street.
(2)
East-west routes.
(a)
Russell Street from Tome Street to east of Morton Avenue, including
202 Russell (duplex attached to 517 Morton Avenue) up to, but not
including 210 Russell.
(b)
Barker Street from Tome Street to Morton Avenue.
(c)
Park Street from Tome Street to Thayer Street, excluding #215.
(d)
Penn Street from Tome Street to Thayer Street.
(e)
Creswell Street from Ward Avenue to Thayer Street.
(f)
Ridley Avenue.
[1]
From #214 West (original club house) to the mid 400 block East
(past Kenney Street), including 412 and 407. Ridley Lake, the adjoining
park (Eastlake Park), and the bridge are included in this part of
Ridley Avenue.
[2]
West to include the north side of the 300 block, including only
those houses numbered # 337, 335, 333, 331.
[3]
South side to consist of Crum Lynne Railroad Station area and
continuing east to Rosemont Avenue using the railroad as a spine.
(g)
Ward Avenue from Free Street to East Ridley Avenue.
(h)
Hinckley Avenue from Poplar Walk to Swarthmore Avenue.
(i)
Sellers Avenue from Chester Pike to Swarthmore Avenue.
(k)
Felton Street, south side from #18 (east across Swarthmore Avenue)
up to and including #8.
(l)
Constitution Avenue from West Ridley Avenue to the beginning
of Dupont Street, not including public school buildings.
B.
Interpretation of boundaries. Where uncertainty and/or discrepancies
exist regarding the boundaries of the districts as described above
or as shown on the official Borough of Ridley Park Historic District
Map (see Appendix A),[1] the following guidelines shall apply:
(1)
Boundaries indicated as approximately following the center lines
of streets, alleyways, or highways shall be construed to follow such
center lines.
(2)
Boundaries indicated as approximately following plotted lot lines
shall be construed to follow such plotted lot lines.
(3)
Boundaries indicated as parallel to or extensions of the features
indicated above shall be so construed. Distances not specifically
indicated on the Official Borough of Ridley Park Historic District
Map shall be determined by the scale of the map.
(4)
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Borough of Ridley Park Historic
District Map, or in other circumstances not covered by the above,
the Borough Council shall interpret the boundaries of the district.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
A.
The HARB is hereby established to be composed of seven members appointed
by the Borough Council. The membership of the HARB shall be as follows:
(1)
One member shall be a registered architect;
(2)
One member shall be a licensed real estate broker;
(3)
One member shall be the Building Inspector;
(4)
One member shall be a member of the Ridley Park Planning Commission;
(5)
The remaining three members shall be residents of the Borough who
have an interest in historic preservation.
(6)
At least two of the HARB members must live within the Historic District.
B.
The initial term of the members of the HARB shall be as follows:
(1)
Two members shall be appointed to serve until the first day of January
following the effective date of this chapter.
(2)
Two members shall be appointed to serve until the first day of the
second January thereafter.
(3)
Two members shall be appointed to serve until the first day of third
January thereafter.
(4)
One member shall be appointed to serve until the first day of the
fourth January thereafter.
C.
Borough Council shall appoint successors upon the expiration of HARB
member terms to serve for a period of four years.
D.
The HARB shall elect its own chairperson and vice chairperson and
may create other offices as deemed necessary. Officers shall serve
for a term of one year and may succeed themselves.
E.
Four members of the HARB shall constitute a quorum for the purpose
of conducting official business; however, any action of the Board
shall require a majority of all HARB members. (Official actions require
four members of the HARB to vote in the affirmative.)
F.
The position of any member of the HARB appointed in his or her capacity
as a registered architect, licensed real estate broker, Planning Commission
member, or Building Inspector, who ceases to be certified shall automatically
be considered vacant.
G.
An appointment to fill a vacancy shall be only for the unexpired
portion of the term.
H.
HARB members serve without compensation. Any member shall disqualify
himself/herself from voting on any project which directly or indirectly
involves financial self-interest or conflict of interest.
I.
Any vacancy on the HARB shall be filled within 60 days from the time
that the resignation is accepted by the Borough Council.
A.
The primary duty of the HARB is to ensure that the exterior architectural
character of buildings/structures is not altered, demolished, or reconstructed
in such a manner that the building/structure is no longer a contributing
historic resource. As such, the HARB shall do the following:
(1)
Review plans for proposed alteration, demolition, reconstruction,
rehabilitation, restoration, addition to, or construction/erection
of buildings/structures within the Historic District and the effect
of such action on the exterior architectural character of the area;
(2)
Recommend to Borough Council a course of action regarding the granting
of a certificate of appropriateness for work on properties within
the Historic District; and
(3)
Offer guidance to property owners when requested concerning preservation
techniques and building materials for appropriate restoration, rehabilitation,
preservation, stabilization, protection and reconstruction and repair.
C.
An annual report must be submitted to Borough Council which must
include the following:
(1)
Record of actions taken by HARB in the preceding year regarding requests
for certificates of appropriateness;
(2)
Summary of meeting dates;
(3)
Review of HARB activities including educational and public relations
programs;
(4)
Accounting of expenditures during the preceding year;
(5)
Request for budgetary appropriations and rationale for request;
(6)
Preparation and filing of the stability of the districts report;
and
D.
Specific responsibilities of the HARB shall include the following:
(1)
To hold regularly scheduled and advertised monthly public meetings.
Minutes of these meetings must be recorded and submitted to Borough
Council in a timely fashion.
(2)
To hold additional public meetings/hearings that it considers necessary
or that are requested by a majority of the Borough Council in order
to carry out its responsibilities as indicated by this chapter.
(3)
To request inspections by the Building Inspector during each project
for which a certificate of appropriateness has been granted to determine
if the work is being done in accordance with the terms of the permit.
A monthly report of these inspections must be submitted to the HARB
by the Building Inspector listing all inspections and reporting all
findings from these inspections.
(4)
To maintain a file containing records of all applications, drawings,
photographs, and other supporting material submitted for review. This
information should be available for public inspection.
(5)
To conduct a survey of buildings within the Borough for the purpose
of determining those of historic and/or architectural significance
and to compile pertinent facts about those buildings.
(6)
To request a review by the Building Inspector of those properties
which may require repairs, corrections of structural defects or damages
in order to preserve and protect such buildings or structures in accordance
with the spirit of this chapter.
(7)
To promote public interest in historic preservation by preparing
educational materials and conducting seminars.
A.
Application for a certificate of appropriateness is requested by
the Building Inspector for any construction, alteration, demolition,
reconstruction, rehabilitation or restoration to a property within
the Historic District.
B.
Property owners, developers, or their agents are encouraged, but
not required, to prepare preliminary scale drawings, plot plans, and
other supporting material for review and discussion by the HARB prior
to applying for a certificate of appropriateness. The purpose of this
review is to acquaint the prospective applicant with the design guidelines
and criteria for evaluation used by HARB to recommend the granting
of a certificate of appropriateness. This procedure may prevent delays
in the review process.
C.
The following information shall be submitted to the Building Inspector
in order for HARB to consider the application:
(1)
Name and address of the property owner.
(2)
Address of the property.
(3)
Copy of the Borough Zoning Map showing location of the property.
(4)
Description of the proposed construction, alteration, demolition,
reconstruction, rehabilitation or restoration.
(5)
Rationale for the proposed work.
(6)
Present use of the property and the effect of the proposed work on
that use.
(7)
Photographs/drawings which clarify the applicant's proposal
or show the following (when applicable):
(a)
New construction. Proposed construction site and relationship
to contiguous property and structures.
(b)
Demolition. All sides of the building and visible foundation,
state of disrepair, interior views which substantiate the need for
demolition.
(c)
Alteration, reconstruction, or rehabilitation: scope of proposed
work visible from the public right-of-way and the relationship to
contiguous properties and structures.
(8)
In those cases involving the issuance of a building permit for new
construction, or when specifically requested by HARB, the following
items shall be submitted:
(9)
In the case of proposed demolition of all or part of any building/structure,
a report of a certified structural engineer must be submitted documenting
the current condition of the building/structure and substantiating
the need for demolition as opposed to restoration, rehabilitation,
or repair.
In determining the recommendations to be made to the Borough
Council concerning the issuance of a certificate of appropriateness,
the HARB shall consider only those matters that are pertinent to the
preservation of the historic and/or architectural aspect and nature
of the building, site, area, or district, certified to have historical
significance, including the following:
A.
The effect of the proposed change upon the general historic and architectural
nature of the district.
B.
The appropriateness of the exterior architectural features which
can be seen from the public street or way.
C.
The general design, arrangement texture, and material of the building
or structure and the relation of such factors to similar features
of buildings or structures in the district. Consideration shall be
given to the following characteristics, based on the Secretary of
the Interior's Standards for Rehabilitation:
(1)
Proportion of buildings front facades. The relationship between the
width of the front of the building and the height of the front of
the building.
(2)
Proportion of openings within the building. The relationship of width
to height of windows and doors.
(3)
Rhythms of solids to voids in the front facades. The repetition of
strong and weak architectural elements creating a rhythm of masses
to openings.
(4)
Rhythm of spacing of buildings on streets. The recurrent or repeated
relationship of building masses to the spaces between them.
(5)
Rhythm of entrance and/or porch projections. A recurrent of repeated
pattern of entrances or projections.
(6)
Relationship of architectural details. Architectural details and
their relationship to the structure in question and to adjacent structures,
including but not limited to, cornices, lintels, arches, quoins, balustrades,
iron work, and chimneys.
(7)
Relationship of roof shapes. Buildings should have compatible roof
shapes such as gable, mansard, hip, flat gambrel, and/or other types
of roof shapes.
(8)
Walls of continuity. Physical ingredients such as brick walls, wrought-iron
fences, building facades, or combinations of these that form continuous,
cohesive walls of enclosure along the street.
(9)
Directional expression of front elevation. Structural shape, planning
of openings and architectural detail may provide a predominately vertical,
horizontal, or nondirectional character to building facade.
(10)
Scale. Scale is created by the size of units of construction
and architectural detail that relate to the size of man. It can be
determined by the building mass and how it relates to open space.
The major elements of scale may be brick or stone units, window or
door openings, porches and balconies.
D.
The distinguishing original qualities or character of a building
and its place in the development of the Borough shall be protected
by avoiding the removal or alteration of any historical material or
distinctive features whenever possible.
E.
The HARB shall grant variations in a manner that will be in harmony
with the character of the other buildings or structures on the streets
and/or in the district.
F.
The height of any new building or structure shall not exceed the
height of the tallest adjacent building or structure by more than
10%. This requirement shall also apply to any proposed modifications
to existing buildings or structures.
G.
In case of application for proposed demolition, the HARB may, when
deemed necessary, recommend to the Borough that the proposed demolition
be postponed for a period not to exceed 45 days. However, in the event
demolition cannot be avoided, then the moving of the building shall
be encouraged as an alternative to the demolition if there is no other
way to preserve the building.
H.
All building and sites within the Historic District shall be recognized
as products of their own time; alterations that have not historical
basis, and which seek to create an earlier appearance, shall be discouraged.
A.
When a claim of economic hardship is made by the owner of an income-producing
property or potential income producing due to the effect of this chapter,
the owner of record must present sufficient evidence to prove that
as a result of the HARB's actions, he/she is unable to obtain
a reasonable return or a reasonable beneficial use from a resource.
The owner of record shall submit by affidavit to the HARB, information
which shall include but not be limited to the following:
(1)
Date the property was acquired by its current owner.
(2)
Price paid for the property (if acquired by purchase) and the relationship
(if any) between the buyer and the seller of the property.
(3)
Mortgage history of the property, including current mortgage.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for a two-year period.
(7)
Past capital expenditures during the ownership of current owner.
(8)
Appraisal of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property, as specified
by the Borough Solicitor.
B.
The HARB may require that an applicant furnish additional information
relevant to its determination of economic hardship.
C.
The HARB may receive and consider studies and economic analyses from
other Borough agencies and from private organizations relating to
the property in question.
D.
Should the HARB determine that the owner's present return is
not reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such return
could be obtained through investment in the property for rehabilitation
purposes. The HARB may choose to recommend to the Borough that special
economic incentives be developed to assist the owner of the resource
in maintaining it and obtaining a suitable economic return or achieving
a reasonable beneficial use.
E.
The HARB may seek the assistance of appropriate local, statewide,
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the HARB chooses
to explore such options, HARB may delay issuing their recommendation
to Borough Council regarding the certificate of appropriateness for
demolition on the basis of economic hardship for a period of 90 days
in addition to the time periods otherwise applicable.
F.
Should the applicant satisfy the HARB that he/she will suffer an
economic hardship if a certificate of appropriateness is not approved,
and should the HARB be unable to develop with the Borough or appropriate
local, statewide, and national preservation organizations a solution
which can relieve the owner's economic hardship, the HARB must
recommend a certificate of appropriateness for demolition.
A.
Upon determining that a certificate of appropriateness is required,
and before any building permits can be issued, a hearing must take
place before the HARB. The Code Enforcement Officer shall forward
the following to the Chairperson of HARB within three days of the
receipt for the building permit request:
B.
A completed application for a certificate of appropriateness must
be submitted to the HARB at least 12 days prior to the regularly scheduled
public meeting in order for a review of the application at that meeting.
C.
HARB shall render a decision and recommendation on any application for a permit under its review no later than 45 days after the heating/meeting provided for in § 121-9 unless the applicant and/or HARB request a continuation of the review process.
D.
The HARB may withhold a recommendation of denial for a period of
five days to allow the applicant to decide whether or not to make
the suggested changes in the plans or specifications. If the applicant
agrees to those changes, HARB will recommend to Council the approval
of the certificate of appropriateness. After the five-day grace period,
the applicant may submit a revised set of plans to address those items
which led to the disapproval, and the same review procedures a described
above shall apply.
A.
Within 14 days of its decision, HARB shall forward to Borough Council
a written recommendation regarding the certificate of appropriateness.
B.
Contents of written report shall include the following:
(1)
Exact location and nature of the proposed work.
(2)
Specifics of the exterior architectural characteristics of the building,
both as it currently exists and as it would be affected by the proposal.
(3)
List of surrounding structures with a description of the exterior
architectural characteristics.
(4)
Description of the proposed change upon the general historic and
architectural nature of the District.
(5)
Appropriateness of architectural features as seen from a public street
or way.
(6)
Opinion of the HARB as to the appropriateness of the proposal as
it will preserve the historic aspect and nature of the District.
(7)
Specific recommendations of the HARB as to the granting or denial
of the certificate of appropriateness.
(8)
In the case of a recommendation for disapproval, the HARB must state
the reasons for this recommendation and those actions which could
be taken to address those items which led to disapproval.
C.
Council may request copies of all information submitted as part of
the application.
A.
Upon receipt of the written report from the HARB, Borough Council
shall consider the recommendation at its next regularly scheduled
or special public meeting. The applicant shall be advised as to the
time and place of this meeting. The applicant has the right to attend
and be heard at the Council meeting.
B.
In determining whether or not to approve the certificate of appropriateness, the Borough Council shall consider the same factors as the article sets forth in § 121-9.
C.
The Borough Council shall notify the applicant in writing of its
decision within 10 days.
D.
If the certificate of appropriateness is approved, a copy of Council's
decision should be filed with the Borough office and notification
given to the HARB and Building Inspector.
E.
If the certificate of appropriateness is denied, then a copy of Council's
decision shall be given to the applicant, the HARB, the Borough office,
the Building Inspector, and the Pennsylvania Historical and Museum
Commission. The decision must include the reasons for disapproval
and shall indicate those changes in the plans and specifications which
would satisfy the conditions of the chapter.
F.
In the case of a written disapproval by the Borough Council, the
Building Inspector shall disapprove the application for a building
permit.
A.
All buildings/structures must be maintained by their owner in a manner
consistent with all applicable Borough, county and state codes.
B.
A minimum standard of maintenance must be met which shall require
that the building envelope must be kept intact with no holes in the
roof, shingles, siding, or windows and no missing windows and doors,
or loose flashing. Stormwater control systems shall be intact and
functioning to prevent water from entering the building; particular
attention shall be paid to roof, chimney flashing, gutters and downspouts
and that surface runoff is directed away from the building foundation.
C.
The following maintenance items do not require a HARB review for
a certificate of appropriateness but do require approval from the
Building Inspector prior to beginning work:
(1)
Roof replacement unless such replacement involves slate shingles
and/or pole gutters.
D.
Ordinary maintenance includes all painting and repairs. This work
does not require prior approval or HARB review.
The Building Inspector shall have the power to institute any
proceedings at law or in equity necessary for the enforcement of this
chapter.
Any person, partnership or corporation that violates the provisions
of this chapter shall, upon conviction thereof in the summary proceedings
may be sentenced to pay not to exceed $300 per offense. Each day this
chapter is violated shall constitute a separate offense.
An applicant may appeal a decision by the Borough Council of
Ridley Park to the Court of Common Pleas.
If any section, paragraph, subsection, clause, or provision
of this chapter shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
chapter as a whole, or any part thereof.
The provisions of this chapter may be amended in the future
by the Borough Council of Ridley Park after notice and hearing as
provided by law.
Immediately upon the adoption of this chapter, the Ridley Park
Borough Secretary shall forward a copy of thereof to the Pennsylvania
Historical and Museum Commission. This chapter shall not take effect
until:
