A.
It is hereby declared as a matter of public policy
that the preservation and protection of historic resources are public
necessities and are in the interest of the health, prosperity and
welfare of the citizens of West Whiteland Township.
B.
The purposes of this article are:
(1)
To promote the general welfare by protecting the integrity
of the historic resources of West Whiteland Township.
(2)
To establish a clear process by which proposed changes
affecting historic resources are reviewed by the West Whiteland Historical
Commission and the Board of Supervisors.
(3)
To mitigate the negative affects of proposed changes
on historic resources.
(4)
To encourage the continued use of historic resources
and facilitate their appropriate reuse.
(5)
To tailor protective measures to those clearly delineated
historic resources in West Whiteland worthy of preservation.
(6)
To encourage the preservation of historic settings
and landscapes.
(7)
To discourage the unnecessary demolition of historic
resources.
A.
Compliance. Any change to an historic resource shown
on the Historic Resources Map[1] shall occur only in full compliance with the terms of
this article and other applicable regulations.
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
B.
Historic overlay concept. The Historic Resources Map
shall be deemed an overlay on any zoning districts now or hereafter
enacted to regulate the use of land in West Whiteland.
(1)
For any property shown on the Historic Resources Map,
the requirements and opportunities contained in this chapter shall
supersede the otherwise applicable requirements of the underlying
zoning district.
(2)
Should for any reason such as a result of legislative
or administrative action or judicial decision, this overlay district
be determined not to be applicable, the zoning requirements and other
regulatory measures applicable to the property in question shall be
those of the underlying zoning district without consideration of this
article.
C.
Preservation of other restrictions. It is not intended
by this article to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this article imposes
greater restrictions, the provisions of this article shall prevail.
A.
Classifications. The Historic Resources Map delineates
three classifications of historic resources in West Whiteland Township,
which are defined as follows:
(1)
Class I.
(a)
Certified historic structures.
(b)
Contributing resources, i.e., buildings, sites,
structures and objects filed as such with the National Register of
Historic Places.
(c)
Buildings, sites, structures, objects and districts
which have received a determination of eligibility (DOE) for listing
on the National Register of Historic Places.
(2)
Class II. Buildings, sites, structures, objects and
districts not meeting National Register criteria, but determined to
be of historical or architectural significance to West Whiteland and
appropriately documented to that effect by the West Whiteland Historical
Commission.
(3)
Class III. Buildings, sites, structures, objects and
districts included in the Historic Resources Inventory of the West
Whiteland Historical Commission and not included in either Class I
or Class II, above.
B.
Revisions. The Historic Resources Map may be revised
from time to time by legislative action of the Board of Supervisors.
(1)
In considering any revision, including additions,
deletions or changes of classification to the Historic Resources Map,
the Board shall receive a written recommendation from the West Whiteland
Historical Commission.
(2)
The owner(s) of any property(ies) which are the subject
of any such proposed administrative action shall be given written
notice of the West Whiteland Historical Commission's recommendation
to the Board of Supervisors at least 10 days prior to the public hearing.
C.
Official list. The Commission shall maintain an updated
list of resources shown on the Historic Resources Map and their respective
classifications.
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
A.
Establishment and membership. There shall be an Historical
Commission which shall consist of an odd number of members totaling
no more than nine who shall be appointed by the Board of Supervisors.
The membership of the Commission shall include individuals who have
an interest in history, archeology or historic preservation and should
include a registered architect, building inspector and licensed realtor.
Each Commission member shall serve for a term of five years which
shall be so fixed that no more than two terms shall expire in any
year. The Commission shall notify the Board of Supervisors of any
vacancies in the Commission and the Board shall act within 90 days
to fill those vacancies. If a member misses three consecutive meetings
of the Commission , the Board of Supervisors will consider removal
of the member from the Commission. 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.
[Amended 7-13-2022 by Ord. No. 470]
B.
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 full public records of its
business and shall submit a report of its activities to the Board
of Supervisors by March of each year.
C.
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.
D.
Functions and duties. In accordance with the purposes
of this article, the 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 West Whiteland 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 permits for historic resources, as set forth in § 325-85.
(4)
Review and comment on subdivision or land development applications which affect historic resources, in accordance with the requirements and procedures of Chapter 281, Subdivision and Land Development, of the Code of the Township of West Whiteland.
(5)
Make recommendations to the Board of Supervisors concerning
revisions, updates or corrections to the Historic Resources Map.
(6)
Maintain an updated list which clearly identifies
buildings, sites, structures, objects and districts and their respective
classifications on the Historic Resources Map.
(7)
Advise the Board of Supervisors or Zoning Hearing
Board on all requests for conditional uses or variances affecting
Historic Resources.
(10)
Photographically document ongoing changes to
the physical landscape throughout the Township.
(11)
Perform any other lawful activities which shall
be deemed necessary to further the purposes of this article.
A.
Permit requirements. No historic resources of any
class shall be demolished by neglect. "Demolition by neglect" includes
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.[1]
B.
Demolition permit. No Class I, II or III historic
resource shall be demolished, in whole or in part, including the indiscriminate
removal or stripping of any significant interior or exterior architectural
features, unless a permit is obtained from the Zoning Officer of West
Whiteland Township in accordance with the procedures and requirements
of this section and other applicable standards and procedures of the
Township Building and Fire Codes.
C.
Proposed demolition of historic resources. All applications
for demolitions received by the Zoning Officer will be reviewed against
the Historic Resources Map. If the application concerns a Class I,
II, or III Historic Resource, the Zoning Officer will advise the applicant
that he must comply with the following procedures and requirements,
as applicable.
D.
Application requirements for historic resources. In
addition to applicable requirements under the Township Building and
Fire Codes,[2] any applicant seeking a permit to demolish an historic
resource shall provide the following with regard to that historic
resource:
(1)
Owner of record.
(2)
Classification on Historic Resources Map.
(3)
Site plan showing all buildings and structures on
the property.
(4)
Recent photographs of the resource proposed for demolition.
(5)
Reasons for the demolition.
(6)
Method of demolition.
(7)
Future uses of the site and of the materials from
the demolished resource.
(8)
In any instance where there is a claim that a Class I historic resource cannot be used for any purpose for which it is or may be reasonably adapted, or where a permit application for demolition is based, in whole or in part, on financial hardship, the applicant shall submit, by affidavit, the information required in Subsection J having to do with a financial analysis. The Commission may further require the applicant to conduct, at the applicant's expense, evaluations or studies, as are reasonably necessary in the opinion of the Commission, to determine whether the historic resource has or may have alternate uses consistent with preservation.
E.
Review by the West Whiteland Historical Commission.
The Zoning Officer shall notify the Commission of the application
for demolition within five days of acceptance of a properly completed
application, including the necessary filing fee. Within 30 days of
the date of application the Commission, or a subcommittee thereof,
shall consider the application for demolition.
F.
Initial recommendation of the West Whiteland Historical
Commission.
(1)
The Commission may recommend immediate approval of
the permit and may so advise the Zoning Officer.
(2)
(3)
(4)
No permit shall be issued for the demolition of a
Class I historic resource unless the Commission finds that the issuance
of the permit is necessary in the public interest, or unless the Commission
finds that the historic resource cannot be used for any other purpose
for which it is or may be reasonably adapted. In order to show that
the historic resource cannot be used for any purpose for which it
is or may be reasonably adapted, the applicant must demonstrate that
the sale of the property is impracticable, that commercial rental
cannot provide a reasonable rate of return and that other potential
uses of the property are foreclosed.
G.
Recommended denial of Class I demolitions. Upon or
prior to the expiration of the time period imposed for Class I historic
resources, the Commission may recommend denial of the application.
In such cases, the Commission shall make a written report to the Board
of Supervisors setting forth reasons for its recommendation and the
evidence considered.
H.
Final decision on Class I demolitions. Within 30 days
of receipt of the Commission report, the Board of Supervisors will
consider the Commission's recommendation for denial of the application
for demolition of Class I resource. The owner of the resources proposed
for demolition will be given a minimum of 10 days' notice of the meeting.
The Supervisors will consider any evidence, reports or testimony from
interested parties and will render a decision either to deny or approve
the application for demolition within 21 days of the meeting. This
period may be extended, and its length established, by mutual consent.
I.
Documentation. Prior to the issuance of a demolition
permit, the Commission may require the applicant to provide documentation
of the resource proposed for demolition. Such documentation may include
photographs, floor plans, measured drawings, archeological survey
and any other comparable form of documentation stipulated by the Commission.
J.
Financial analysis. In its review of an application
to demolish a Class I resource, the Commission may require the applicant
to prepare a financial analysis which may include any or all of the
following:
(1)
Amount paid for property, date of purchase and party
from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased.
(2)
Assessed value of the land and improvements thereon
according to the most recent assessment.
(3)
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection
with his purchase of financing of the property, or during his ownership
of the property.
(5)
Bona fide offers of the property for sale or rent,
price asked and offers received, if any.
(6)
Any consideration by the owner as to profitable, adaptive uses for the property. Any costs incurred by the Commission, as agreed to by the applicant, to review plans or studies submitted by the Commission's consultant specifically retained for this purpose, shall be reimbursed to the Township by the applicant, in accordance with § 325-43.
A.
Additional use opportunities. In addition to the uses permitted by right, or conditional use in the various zoning districts of West Whiteland as stipulated in Articles III through VII of this chapter, buildings associated with Class I, II, or III historic resources in these districts shall be entitled to the additional use opportunities shown below. These use opportunities shall be available in addition to any use currently being made of the property, subject to the standards and procedures contained in applicable sections of this chapter and the additional requirements set forth below.
[Amended 11-24-2015 by Ord. No. 428]
Zoning Districts
| |||||||||
---|---|---|---|---|---|---|---|---|---|
Uses
|
R-1
|
R-2
|
R-3
|
R-4
|
TC
|
NC
|
O/C, O/L & O/R
|
I-1 & I-2
| |
Dwelling, single-family
|
—
|
—
|
—
|
—
|
BR
|
BR
|
BR
|
CU
| |
Home occupation, Subsection C below
|
—
|
—
|
—
|
—
|
BR
|
BR
|
BR
|
CU
| |
Residential conversions, Subsection E below
|
CU
|
CU
|
—
|
CU
|
CU
|
CU
|
CU
|
CU
| |
Professional or business offices
|
CU
|
CU
|
CU
|
CU
|
—
|
—
|
—
|
CU
| |
Cultural studio
|
CU
|
CU
|
CU
|
CU
|
BR
|
BR
|
—
|
CU
| |
Cultural facility
|
CU
|
CU
|
CU
|
CU
|
BR
|
—
|
BR
|
CU
| |
Guesthouse, Subsection F below
|
BR
|
BR
|
BR
|
BR
|
BR
|
BR
|
BR
|
BR
| |
Inn
|
CU
|
CU
|
CU
|
CU
|
BR
|
BR
|
CU
|
BR
| |
Eating and/or drinking establishment
|
CU
|
CU
|
CU
|
CU
|
—
|
—
|
CU
|
CU
| |
Neighborhood commercial, Subsection G below
|
P
|
P
|
P
|
P
|
—
|
—
|
CU
|
CU
| |
Combination of permitted uses
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
CU
|
KEY FOR CHART:
| |||||||||
---|---|---|---|---|---|---|---|---|---|
BR
|
By right
| ||||||||
CU
|
Conditional use
| ||||||||
—
|
Already available in base district
| ||||||||
P
|
Prohibited
|
B.
Design standards. The following design standards shall apply, except where specifically noted to the contrary in the subsections below, to any of the additional use opportunities specified in Subsection A above within Class I, II, or III historic resources. Compliance with all other sections of this chapter, including, in particular, "Buffers and screens" (§ 325-33), "Lighting" (§ 325-34), "Storage" (§ 325-35), "Access and traffic control" (§ 325-36), "Interior circulation" (§ 325-37), "Loading and unloading" (§ 325-38), "Off-street parking" (§ 325-39) and "Signs in Town Center" (§ 325-98), shall be required as applicable.
(1)
In accordance with § 325-25, buildings may not be altered externally for residential conversions. For the remaining additional use opportunities shown in Subsection A, no Class I, II, or III historic resource may be enlarged beyond what is minimally necessary to accommodate the additional use. As a guideline, no Class I, II, or III historic resource should be enlarged by more than 50% of its existing footprint to utilize these opportunities.
(3)
Plans for any rehabilitation, alteration or enlargement deemed necessary by the applicant to utilize any of the opportunities shown in Subsection A shall be submitted to the West Whiteland Historical Commission and Zoning Officer for review. Such plans shall be in sufficient detail to allow the Commission to determine its level of compliance with the standards contained in § 325-90A below.
(4)
Within the applicable time period stipulated for final Township decisionmaking, the Commission shall review the plans for compliance with the standards contained in § 325-90A below, and shall submit its findings in a written report. The report shall indicate what specific changes in the plans are necessary to bring them into substantial compliance.
(5)
In any case where the proposed use is permitted only as a conditional use, as provided in Subsection A, the Board of Supervisors or Zoning Hearing Board, respectively, may refuse to approve the request for additional use or uses where it deems the degree of noncompliance with the standards contained in § 325-90A below, to be unacceptable and destructive to the integrity of the Class I, II, or III historic resource.
(6)
Where the additional use opportunity shown on Subsection A is available only by conditional use, landscaping must be provided in accordance with § 325-89. In residential districts, utilization of an additional use opportunity specified in Subsection A requires compliance with the standards in §§ 325-23B(8), (9) and (10).
(7)
Off-street parking required by the Board of Supervisors
or Zoning Hearing Board may be waived if the use is located on a lot
that abuts a public or private residential street of local classification,
with a paved cartway width of 28 feet minimum and on-street parking
is permitted by the Township.
C.
Home occupations. In conjunction with the residential use of a property, a home occupation may be located in any Class I, II, or III historic resource on a particular property, but there shall be no more than one home occupation per structure. In addition to the standards for home occupations contained in § 325-23B and the general design standards contained in Subsection B, home occupations placed in Class I, II, or III historic resources must comply with these additional requirements:
D.
Eating and/or drinking establishment. As specified in Subsection A, eating and/or drinking establishments may be located in Class I, II, or III historic resources be conditional use, provided the following are adhered in addition to those contained in Subsection B.
(1)
In a residential district, Class I, II, or III historic
resources must be located on a lot not less than four acres. In all
other cases, the base zoning district lot size shall apply.
(2)
There shall be no paving within 50 feet of the side
and rear lot lines.
E.
Residential conversions. The Board of Supervisors, in authorizing a conditional use for the conversion of any Class I, II, or III historic resource into residential use in accordance with the standards contained in § 325-25, may modify the otherwise applicable lot area standard stipulated in § 325-25D. Any such action by the Board of Supervisors shall adhere to the criteria contained in § 325-87 below, the general design standards contained in Subsection B and comply with § 325-90A.
F.
Guest house. As specified in Subsection A, Class I, II, or III historic resources may be used as guest houses. Utilization of this additional use opportunity shall be contingent upon compliance with the general design standards contained in § 325-86B and these additional requirements:
(1)
No guest, individual or family may stay longer than
90 consecutive nights at any one time.
(2)
There shall be no separate kitchen or cooking facilities
in any guest room. Meals shall be served to guests only.
(3)
Any other amenities shall be for the benefit of guests
only; no walk-in trade shall be permitted.
(4)
For each room, a minimum of one off-street parking
space, in addition to those required for dwelling units, shall be
provided.
A.
The subdivision or land development of a lot which
contains a Class I, II, or III Historic Resource shall be accomplished
in such a manner that the resulting lot that will contain the resource
is large enough to preserve the integrity of historic setting of the
resource. A goal of the Township shall be to preserve outbuildings,
significant site features and immediate yard areas significant to
the resources on the lot with the resource.
B.
The size and configuration of the subdivided lot shall depend upon the class of the Historic Resource and the natural characteristics and the landscaping of the subdivided lot and adjacent lots. Lot boundaries shall, in general, conform to the lines of identifiable natural features including landscaping, topography, geology, lot configuration, etc., on the site. Site development shall be based, in general, upon § 325-90 of this chapter. Review and recommendations regarding the resource, its subdivided lot, and the proposed land developments shall be made by the West Whiteland Historical Commission to the Planning Commission and the Board of Supervisors. The Board may require that a lot size be increased above the minimum lot size for the zoning district in which the resource is located.
A.
Permits. No permit for a sign to be located on or
within 100 feet of the exterior walls of an Historic Resource shall
be issued by the Zoning Officer prior to the review of and comment
on the application by the West Whiteland Historical Commission, in
accordance with the terms of this section.
B.
Zoning Officer. The Zoning Officer shall provide the Commission with a copy of the application, together with any plans or diagrams required by § 325-120C(5) of this chapter, within five days of receipt of a complete application.
C.
West Whiteland Historical Commission. The Commission
shall within 20 days of receipt of a complete application review the
plans and prepare a written report to the Zoning Officer, with a copy
to be sent to the applicant, indicating whether the plans will have
any detrimental effect on the architectural integrity or public enjoyment
of an historic resource. The report shall indicate what specific changes
in the plans can be made to mitigate detrimental effect.
D.
Issuance of permit. Upon receiving a report of no
detrimental effect from the Commission and providing the plans satisfy
all other requirements of the Township, the Zoning Officer shall issue
the permit.
E.
If the Commission's report indicates that the plans
will have a detrimental effect, the Zoning Officer shall not issue
the permit until:
F.
The applicant is encouraged to erect a sign, not to
exceed 15 square feet, detailing the historical significance of the
historic resource.
A.
Applicability. In addition to applicable buffering requirements under § 325-33 of this chapter, a landscape plan for the grounds surrounding an historic resource may be required by the Board of Supervisors or Zoning Hearing Board when a tract proposed for subdivision or land development contains an historic resource and when an historic resource is proposed for use by conditional use.
B.
Landscape plan. The plan must be prepared by a landscape
architect or a qualified nursery and show all pertinent information,
including the location, size and species of all individual trees and
shrubs to be planted or preserved. Through screening, buffering and
selection of plant material, the plan should strive to protect the
integrity of setting, including any historic plant material, of the
Class I historic resource.
C.
Review by West Whiteland Historical Commission. The
landscape plan will be reviewed for appropriateness and effect by
the Commission within the applicable time periods established for
Township decisionmaking on the application. The Commission shall set
forth its comments in a written report.
A.
Standards for rehabilitation. Any proposed rehabilitation, alteration or enlargement of a Class I, II or III historic resource under §§ 325-86 and 325-87 should be in substantial compliance with the Secretary of the US Department of the Interior's Standards for Rehabilitation, as reproduced below.
(1)
Every reasonable effort shall 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 shall 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 shall 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 significance
in their own right and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced, wherever 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 different architectural elements from other
buildings or structures.
(7)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall not
be undertaken.
(8)
Every reasonable effort shall 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 shall 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)
Wherever possible, new additions or alterations
to structures shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
B.
Compliance. Determinations of compliance with these
standards shall be made by written report of the West Whiteland Historical
Commission, using the Secretary's Guidelines for Rehabilitating Historic
Buildings to apply the standards to each project.
A.
Lot averaging. In developments proposing to use the lot averaging option in accordance with § 325-26, the maximum lot area restriction specified in § 325-26D shall not be applicable to a lot that contains an historic resource, where the Board of Supervisors finds that a lot size larger than the stipulated maximum is necessary to preserve the integrity of setting of the historic resource. All other requirements for lot averaging contained in § 325-26 shall apply.
B.
Cluster development. In developments proposing to use the cluster development option in accordance with § 325-26, one additional lot may be created in excess of the maximum number of lots otherwise permissible under the terms of this chapter where such lot will contain an historic resource to be preserved as part of the development plan.
[Amended 12-8-2021 by Ord. No. 466]
A.
Applicability. An historic resource impact study shall be required,
unless waived or modified by the Board of Supervisors, for the purpose
of guiding the treatment of historic resources and/or of mitigating
the impact of a project upon historic resources when any of the following
are proposed.
(1)
On-site. Subdivision or land development of property that contains
one or more historic resources identified on the Township Historic
Resources Map.[1]
[1]
Editor's Note: A copy of the Historic Resources Map is included as an attachment to this chapter. The Official Historic Resources Map is on file at the Township offices.
(2)
Off-site. Subdivision or land development of tracts where the tract
boundary comes within 300 feet of the exterior walls of an historic
resource identified on the Township Historic Resources Map.
(3)
Off-site. Any construction or improvement, including subsurface and
grading work, to be undertaken in conjunction with a subdivision or
land development where the area of disturbance for such construction
or improvement comes within 300 feet of the exterior walls of an historic
resource identified on the Township Historic Resources Map.
(4)
An historic resource impact study shall also be provided with a conditional use application when the subject tract contains or is within 300 feet of the exterior walls of an historic resource identified on the Township Historic Resources Map, pursuant to § 325-124A of this chapter. When a study deemed satisfactory by the Township is provided with a conditional use application and that application is approved by the Board, no subsequent or additional historic resource impact study shall be required for any land development plan submitted pursuant to said approved conditional use.
(5)
An historic resource impact study shall be provided as a condition
of approval for the demolition of any historic resource identified
on the Township Historic Resources Map.
B.
The historic resource impact study shall be prepared by a qualified
professional in historic preservation, historical architecture, planning,
or related disciplines and presented by the applicant or their agent
for discussion at a meeting of the Township Historical Commission.
C.
Contents. The study shall contain the following information:
(1)
Background information.
(a)
If not otherwise provided by the applicant, a general site description,
including topography, watercourses, vegetation, landscaping, and existing
improvements.
(b)
General description of all historic resources upon or within
300 feet of the tract proposed for subdivision or land development
or, where no land development is proposed, within 300 feet of all
proposed construction and improvements, including but not limited
to subsurface activity (such as boring and excavation) and grading.
(c)
Physical description of all historic resources upon the tract
proposed for subdivision or land development or other construction
or improvement.
(e)
Photographic documentation of all historic resources identified in Subsection C(1)(c), above, in their setting. Such photography shall satisfy the archival requirements of the Historical Commission, and each photograph shall feature or be accompanied by a key indicating the location and direction from which the photograph was taken as well as the date of the photograph. Photographs of the interior of the resource(s) shall be included insofar as it is possible to procure them safely.
(f)
Narrative description of the historical development of the subject
tract. Depending upon the significance of the resource(s) and where
reasonably available, documentation of archival research shall be
provided in support of the narrative description, which may include
but is not necessarily limited to deed and chain-of-title research;
historic maps; articles, photographs, and other images from magazines,
newspapers, and other media; and public notices. The Historical Commission
and/or the Township's historic preservation consultant shall
provide guidance regarding the significance of the resource and possible
sources for such documentation.
(2)
Proposed change.
(a)
General description of project.
(b)
Description of impact on each historic resource identified in Subsection C(1)(b) above, with regard to architectural integrity, historic setting and all anticipated future uses.
(c)
General description of effect of noise and traffic and any other impacts generated by the proposed change on each historic resource. This requirement shall not be interpreted to require a traffic impact study meeting the standards of § 325-42 of this chapter; however, where such a study is required pursuant to § 325-42A of this chapter, the description required here shall be consistent with that study.
D.
Township Historical Commission. The historic resource impact study
shall be reviewed by the Township Historical Commission and the Township's
historic preservation consultant, who shall provide the Historical
Commission with their evaluation and recommendations in a written
report. Should the Historical Commission determine that an historic
resource impact study is incomplete or unacceptably deficient based
upon the requirements of this section, the said Commission may advise
the Board of such determination, and the Board shall have the right
to reject the said study and to require submission of a new or sufficiently
revised study.
A.
Certified historic districts. The provisions of this
section apply only to historic districts in West Whiteland Township
which have been certified by the Pennsylvania Historical and Museum
Commission in accordance with the Act of June 13, 1961, P.L. 282,
as amended, 53 P.S. § 8001 et seq., "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, alteration, demolition or
razing of buildings within the historic districts."
(1)
The boundaries of certified historic districts are
shown on the Historic Resources Map.[1]
[1]
Editor's Note: A copy of the Historic Resources Map is included at the end of this chapter. The Official Historic Resources Map is on file at the Township offices.
(2)
The provisions of this section apply to all land,
buildings and structures within the boundaries of certified historic
districts.
(3)
No structure or building shall hereafter be used and
no structure or building shall hereafter be erected, reconstructed,
altered, restored, demolished or razed, in whole or in part, without
full compliance with the provisions of this section and other applicable
regulations.
B.
Board of Historical Architectural Review Board. Upon receipt of the certifying resolution of the Pennsylvania Historical and Museum Commission referred to in Subsection A hereof, the Board of Supervisors shall designate the West Whiteland Historical Commission, or a subcommittee thereof, as the Board of Historical Architectural Review Board (HARB).
(1)
Membership. HARB shall consist of not fewer than five
members, of whom one shall be a registered architect, one shall be
a licensed real estate broker and one shall be a building inspector.
The remaining member or members shall have a knowledge of and interest
in the preservation of historic districts.
(2)
Duties.
(a)
HARB 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 and the Act of June 13, 1961, and shall hold such hearings and render such reports as are required by § 325-92 hereof. In determining the counsel to be given to the Board of Supervisors relative to the issuance of a certificate of appropriateness, HARB shall consider only those matters that are pertinent to the preservation of the historic aspect and nature of the buildings and structures located within the certified historic district, including:
[1]
The effect which the proposed change will have
upon the general historic and architectural character and appearance
of the district.
[2]
The appropriateness of exterior architectural
features and the general design, arrangement, texture, material and
color of the building or structure and the relation of such factors
to the traditional architectural character of the district.
(b)
HARB members are required to disqualify themselves
from voting on any project in which their own financial interests
or those of their immediate family are directly or indirectly involved.
C.
Certificate of appropriateness. No person shall commence
any work for the erection, reconstruction, alteration, restoration,
demolition or razing of any building or structure located in whole
or in part within the certified historic district, without first obtaining
a certificate of appropriateness with respect thereto from the Board
of Supervisors as provided hereinafter.
(1)
Duties of Zoning Officer. The Zoning Officer of West
Whiteland Township, or such other person or agency charged by the
Board of Supervisors with the issuance of permits for the erection,
demolition or alteration of buildings or structures subject to the
provisions of this chapter, shall issue no permit for any such building
changes until a certificate of appropriateness with respect thereto
has been received from the Board of Supervisors.
(2)
Application for permit. The application for a building
permit for any building or structures subject to the provisions of
this chapter shall be filed with the Zoning Officer together with
the filing fee required under the schedule of fees then in effect.
The application shall include a site plan at a scale of one inch to
40 feet, schematic architectural drawings of the proposed construction
or changes at a scale of one foot to 1/4 inch and 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 HARB. Within three
days after receiving such application for a building permit, the Zoning
Officer shall forward the application, together with all plans and
other documentation submitted therewith, to the office of HARB.
(3)
Standards for determining appropriateness.
(a)
In determining whether or not any proposed work for the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure within the certified historic district is appropriate to the district, HARB and Board of Supervisors shall be guided by the Secretary of the US Department of the Interior's "Standards for Rehabilitation," as reproduced in § 325-90 above, and "Guidelines for Rehabilitating Historic Buildings" and consider the following criteria, where relevant:
[1]
Mass (height, bulk, nature of roof line).
[2]
Proportions (height to width)
[3]
Nature of yard space.
[4]
Extent of landscaped areas versus paved areas.
[5]
The nature of facade openings (doors and windows)
their size, locations and proportions.
[6]
The type of roof (flat, gabled, hip gambrel,
mansard, etc.).
[7]
The nature of projections (porches, etc.).
[8]
The nature of architectural details and style.
[9]
The nature of materials.
[10]
Color.
[11]
Texture.
[12]
Ornamentation.
[13]
Signs.
(b)
Where the proposed work is to be done on an
historic structure within the district, the primary basis for comparison
shall be the structure itself (in its then-existing state as compared
to its state after the proposed work) and the secondary basis for
comparison shall be the effect of the proposed work on the basis as
a whole.
[Amended 3-10-2004 by Ord. No. 310]
D.
Hearing before HARB. Within 30 days from the time
a complete application for a building permit is filed with the Township,
a hearing shall be held by HARB to consider the recommendations which
it will give to the Board of Supervisors. The person applying for
the permit shall be given 10 days' notice to the time and place of
the said hearing and shall be invited to appear to explain his reasons
for such application.
(1)
Findings after hearings.
(a)
Within 30 days following the conclusion of the
hearing or hearings, HARB shall, by official written communication
to the applicant, recommend either:
[1]
The issuance of a certificate of appropriateness
authorized in the application as submitted.
[2]
The issuance of a certificate of appropriateness
subject to specified changes and conditions not included in the application
as submitted.
[3]
The denial of a certificate of appropriateness
with respect to the proposed changes as submitted.
(b)
Failure of HARB to so act within the 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 HARB, give notice of his refusal to accept all
of the conditions, in which case HARB shall be deemed to have recommended
against the issuance of a certificate of appropriateness. In the event
that the applicant does not, within the said period, notify HARB of
his refusal to accept all of the said conditions, conditional approval
of the application with all conditions shall stand as granted.
(2)
Report to Board of Supervisors. Upon or before the expiration of the aforesaid forty-day period, HARB 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 Subsection C(2) hereof. The written report shall set out the following matters:
(a)
The exact location of the area in which the
work is to be done.
(b)
The exterior changes to be made or the exterior
character of the structure to be erected.
(c)
A list of the surrounding structures certified
to have historical significance, with their general exterior characteristics.
(d)
An analysis of the appropriateness of the proposed work, taking into consideration the criteria specified in Subsection C(3) hereof, where each such factor is deemed relevant.
(e)
The opinion of the HARB, 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.
(f)
The specific counsel of HARB regarding the issuance
of or refusal to issue a certificate of appropriateness.
(g)
Any changes in plans and specifications recommended
by HARB.
E.
Public meeting of the Board of Supervisors. Upon receipt
of the written counsel of HARB, the Board of Supervisors shall consider,
at the next regularly scheduled meeting of the Board of Supervisors,
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 of the time and place of the meeting at which
his application will be considered and shall have the right to attend
and be heard regarding his application. All interested persons may
appear and be heard at the meeting held by the Board of Supervisors.
(1)
Decision of Board of Supervisors.
(a)
Within 15 days following the conclusion of the
aforesaid public meeting, the Board of Supervisors shall, by official
written communication to the applicant, either:
[1]
Issue a certificate of appropriateness authorizing
a permit for the proposed changes as submitted.
[2]
Issue a certificate of appropriateness subject
to specified changes and conditions not included in the application
as submitted, but which would protect the distinctive historic character
of the building, site or area which is proposed to be changed.
[3]
Deny a certificate of appropriateness with respect
to the proposed changes as submitted.
(b)
Failure of the Board of Supervisors to so act
within the 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 his 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 the applicant does not, within the said period, notify
the Board of Supervisors of his refusal to accept all of the said
conditions, the approval, with all conditions, shall stand as granted.
(2)
Resolution of 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, referring to such of the criteria set forth in Subsection C(3) hereof which were relevant to its decision. A copy of each resolution of denial shall be forwarded to the Pennsylvania Historical and Museum Commission. A copy of each resolution granting or denying the certificate shall accompany the official written communication to the applicant as provided in this section.
F.
Appeals. Any decision of the Board of Supervisors
under this article, granting or denying a certificate of appropriateness
or authorizing or refusing to authorize a modification in such certificate
of appropriateness, shall be subject to review and appeal in the same
manner and within the same time limitation as is provided for zoning
appeals by the Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
G.
Enforcement. The Zoning Officer, or such other person
or agency charged by the Board of Supervisors with the enforcement
of the provisions of this chapter, shall review the progress and status
of the proposed changes and render such reports thereon to the Board
of Supervisors and to HARB as may be necessary to assure compliance
with the provisions of this chapter and the conditions of the certificate
of appropriateness.