[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitemarsh 1-17-2002 by Ord. No. 745.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Subdivision and land development — See Ch. 105.
Zoning — See Ch. 116.
[1]
Editor's Note: This ordinance also repealed
former Ch. 10, Historic District, adopted 7-1-1971 by Ord. No. 261,
as amended, and provided that its provisions would take effect upon
the Pennsylvania Historical and Museum Commission's certification,
by resolution, of the historical significance of the Township Historic
District.
This District is created for the following purposes:
A.
Pursuant to Article I, Section 27, of the Pennsylvania
Constitution which states that:
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"The people have a right to clean air, pure
water, and the preservation of the natural, scenic, historic and aesthetic
values of the environment. Pennsylvania's public natural resources
are the common property of all the people, including generations yet
to come. As trustees of these resources, the commonwealth shall conserve
and maintain them for the benefit of all the people."
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B.
Now, therefore, it is the purpose and intent of the
Township to promote, protect, enhance, perpetuate, and preserve historic
districts for the educational, cultural, economic and general welfare
of the public through the preservation, protection and regulation
of buildings, structures, and areas of historic interest or importance
within the Township; to safeguard the heritage of the Township by
preserving and regulating historic districts which reflect elements
of its cultural, social, economic, political and architectural history;
to preserve and enhance the environmental quality of neighborhoods;
to strengthen the Township's economic base by the stimulation of the
tourist industry; to establish and improve property values; to foster
economic development; to foster civic pride in the beauty and accomplishments
of the Township's past; and to preserve and protect the cultural,
historical and architectural assets of the Township for which the
Township has been determined to be of local, state or national, historical
and/or architectural significance.
As used in this chapter, the following terms
shall have the meanings indicated:
Any act or process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this chapter as a reviewable action, including, without limitation,
the original construction repair, replacement, reconstruction, demolition,
or relocation of any structure or object, or any part of a structure,
which is visible from the public way.
[Amended 2-9-2023 by Ord. No. 1022]
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use for human
or animal habitation and is permanently affixed to the land, including
manufactured homes.
A municipal employee of or individual retained by the Township
designated by Whitemarsh Township as the individual who enforces compliance
with building and/or fire codes and issues the permit for the erection,
alteration, restoration, reconstruction, demolition or razing of any
building within the Historic District, which includes construction
of new buildings or structures or changes to existing modern buildings
or structures within the District.
An approval statement signed by the Building Inspector or
Codes Administrator authorizing the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or a part of any
building (within an historic district).
The request filed by any person with the Building Inspector
or Codes Administrator that seeks authorization to erect, alter, reconstruct,
repair, restore, demolish, or raze all or a part of any building or
structure within an historic district that requires a certificate
of appropriateness.
The approval statement signed by the Township Board of Supervisors
which certifies to the historical appropriateness of a particular
request for the erection, alteration, restoration, reconstruction,
demolition or razing of any building within the Historic District,
which includes construction of new buildings or structures or changes
to existing modern buildings or structures within the District, and
authorizes the issuance of a building permit for said request.
A completed permit or certificate of appropriateness application
is an application which conforms to the submittal criteria for specific
historic preservation projects, as determined by the Historical Architectural
Review Board.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay and deterioration
resulting in its demolition.
The result of construction such as a building, structure,
monument, sign or object on the ground or on a structure or building.
The agency that advises the Township Board of Supervisors
on any requests for authorization to erect, alter, reconstruct, repair,
restore or demolish all or part of any building within an historic
district.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical and plumbing systems and other code-required
work to make properties functional is appropriate within the preservation
project.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
The act or process of making possible a compatible use for
a property through repair, alterations and additions while preserving
those portions or features which convey its historical, cultural or
architectural values.
The act or process of accurately depicting the form, features
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including,
without limitation, buildings, sheds, manufactured homes, garages,
fences, gazebos, freestanding signs, billboards, antennas, satellite
sending or receiving dishes, vending machines, desks and swimming
pools.
A.
The Whitemarsh Township Historic District shall be
described as delineated on a map designated as the "Historic District
Map of Whitemarsh Township."[1]
[1]
Editor's Note: Said map is included at the end of this chapter.
B.
The Historic District Map of Whitemarsh Township shall
be located in the office of the Building Inspector and made available
for public inspection.
A.
Advisory role. HARB shall give recommendations to
the Township Board of Supervisors regarding the advisability of issuing
any certificate of appropriateness required to be issued in accordance
with the said Act of June 13, 1961, as amended, and this chapter.
B.
Board rule-making power. HARB may make and alter rules
and regulations for its own organization and procedure, provided that
they are consistent with the laws of the commonwealth and all provisions
of this chapter.
C.
Annual reports. The members of HARB shall make an
annual report to the Township Board of Supervisors, which shall include:
(1)
Any recommendations for changes in the chapter;
(2)
The number and types of cases reviewed;
(3)
The number of cases for which a certificate of appropriateness
was either approved or denied;
(4)
The number of HARB meetings which each member attended;
(5)
Historic preservation-related training which each
member attended;
(6)
A narrative summary describing the state of preservation
in the Township Historic District with recommendations in policy,
goals and objectives for the Whitemarsh Board of Supervisors' consideration.
D.
Meetings. HARB shall meet publicly at regularly scheduled
intervals. Further, HARB may hold any additional meetings it considers
necessary to carry out its powers and duties indicated in this chapter.
Such meetings shall be opened to the public. A majority of HARB members
shall constitute a quorum, and action taken at any meeting shall require
the affirmative vote of a majority of the HARB.
[Amended 3-10-2022 by Ord. No. 1011]
E.
Training. HARB members and HARB support staff are
encouraged to attend seminars, conferences or workshops related to
historic preservation and HARB administration.
In addition to the above, HARB shall have the
following powers and duties:
A.
To conduct a survey of buildings, structures, objects
and monuments for the purpose of determining those of historic and/or
architectural significance and pertinent facts about them; action
in coordination with the Township Planning Commission, Zoning Hearing
Board, and other appropriate groups and to maintain and periodically
revise the detailed listings (resource inventories) of historic resources
and data about them, appropriately classified with respect to national,
state and local significance in accordance or consistent with the
Pennsylvania Historical and Museum Commission's "Cultural Resource
Management in Pennsylvania: Guidelines for Historic Resource Surveys."
B.
To propose, from time to time as deemed appropriate,
the establishment of additional historic districts and revisions to
existing historic districts.
C.
To formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architectural
sites and buildings including proposals for the installation and care
of such historic markers.
D.
To formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about
the Township's historical and/or architectural sites and buildings.
E.
To cooperate with and advise the Township Board of
Supervisors and agencies in matters involving historically and/or
architecturally significant sites and buildings (such as appropriate
land usage, parking facilities and signs, as well as adherence to
dimensional regulations and minimum structural standards).
F.
To cooperate with and enlist assistance from the National
Park Service, the National Trust for Historic Preservation, Preservation
Pennsylvania, the Pennsylvania Historical and Museum Commission and
other agencies, public and private, from time to time, concerned with
the preservation of historic sites and buildings.
G.
To advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
H.
To advise the owners or developers of new buildings or structures on the appropriateness of the design, based upon the design guidelines contained in § 10-7.
I.
To promote public interest in the purpose of this
chapter by carrying on educational and public relations programs.
In determining the recommendations to be made
to the Township Board of Supervisors concerning the issuance of a
certificate of appropriateness, HARB shall consider only those matters
that are pertinent to the preservation of the historical and/or architectural
aspect and nature of the building, structure, site, area or district
certified to have historical significance, including the following:
A.
Broad historical values representing the cultural,
political, economic, or social history of the Township.
B.
The relationship of the building or structure to historic
personages or events.
C.
Significant architectural types representative of
a certain historical period and a style or method of construction.
D.
The effect of the proposed change upon the general
historical and architectural nature of the District.
E.
The appropriateness of the exterior architectural
features that can be seen from a public street or way.
F.
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 but not be limited to the following:
(1)
Proportion of building or structure front facades:
preserving the relationship between the width of the front of the
building or structure and the height of the front of the building
or structure.
(2)
Proportion of openings within the building or structure:
preserving the relationship of width to height of windows and doors.
(3)
Rhythm of solids to voids in the front facade: preserving
the relationship between a recurrent alteration of strong and weak
architectural elements, thereby maintaining a rhythm of solids to
voids.
(4)
Rhythm of spacing of building or structure on streets:
preserving the existing rhythm of recurrent or repeated building and
structure masses to spaces between each building and structure.
(5)
Rhythm of entrance and/or porch projections: preserving
the existing rhythm of entrances or porch projections to maintain
a pedestrian scale.
(6)
Relationship of materials: preserving the predominant
materials of the District, such as brick, stone, stucco, wood siding,
or other material.
(7)
Relationship of textures: preserving the predominant
textures of the District (which may be smooth, such as stucco, or
rough, such as brick) with tooled joints or horizontal wood siding
or other textures.
(8)
Relationship of architectural details: preserving
the character-defining features of buildings and structures, such
as architectural details, including but not limited to cornices, lintels,
arches, quoins, balustrades and ironwork, chimneys, etc.
(9)
Relationship of roof shapes: preserving compatible
roof shapes, such as gable, mansard, hip, flat, gambrel, and/or other
kinds of roof shapes.
(10)
Walls of continuity: preserving physical elements
which comprise streetscapes, such as stone or brick walls, wrought-iron
fences, building and structure facades or combinations of these which
form visual continuity and cohesiveness along the street.
(11)
Directional expression of front elevation: preserving
the orientation of structural shapes, plan of openings and architectural
detail that reflect a predominately vertical or horizontal character
to the building and structure facade.
(12)
Scale: preserving the scale of the built environment
created by the size of units of construction and architectural detail
that relate to the size of persons; in addition, preserving building
and structure mass relation to open space.
G.
Variations. The HARB shall grant variations in a manner
that will be in harmony with the character of the other buildings
or structures on the street and/or districts.
H.
The height of any new building or structure shall
not exceed the height of the tallest adjacent building or structure
by 10%. This requirement shall also apply to any proposed modifications
to existing buildings or structures.
I.
In such rare cases where the HARB recommends and the
Board of Supervisors approves demolition of an historic building or
structure, a good-faith effort shall be made by the Township and the
owner(s) to move said building or structure to a proximate site. If
moving a building or structure slated to be demolished is economically
or practically infeasible, efforts shall be made to salvage architectural
features of said building or structure for use within the Township.
Prior to such demolition, the building or structure shall be documented
with photographs and measured drawings that are to be provided to
the Plymouth Meeting Historical Society.
K.
Financial feasibility.
(1)
The Review Board shall consider the financial feasibility
of its recommendations in response to a request for a certificate
of appropriateness or building permit for the erection, reconstruction,
alteration, and restoration of a building or structure. Financial
feasibility shall be determined by the HARB on the basis of an unreasonable
cost for repair or replacement in-kind of a whole or a part of a building
or structure.
(2)
The applicant shall submit a minimum of three estimates
from bona fide contractors and/or vendors substantiating his or her
claim that the financial feasibility of repair in-kind is unreasonable.
The Board shall determine as to the condition of said architectural
feature based on its inspection, photographs or report from the Building
Inspector or preservation staff or consultant. No substitute material
shall be approved which is inappropriate, incompatible, or is destructive
or has the potential to be destructive to the original fabric of the
building or structure.
A.
No sign or permanent external advertising display
of any kind shall be erected, altered or used in the Historic District
except for advertising informing the public of the service, business,
occupation or profession carried on, in or about the property on which
such sign or permanent external advertising display appears. In conjunction
with this, no such sign or advertising display of any kind or for
any purpose shall be erected or altered, notwithstanding zoning sign
approval, until an application for a permit to make such erection
or alteration has been reviewed by HARB for its conformity in exterior
material composition, exterior structural design, external appearance
and size with similar advertising or information media used in the
architectural period of the District and a permit granted thereon.
B.
All other requirements of any Township ordinance must
be complied with. Historical markers may be authorized by HARB subject
to the provisions stipulated, and such markers shall not be considered
as signs but are to be erected in accordance with the requirements
established for historic markers by HARB.
A.
Upon receipt of a completed application for a building
permit or a certificate of appropriateness for work to be done in
the District, the Building Inspector shall act in accordance with
the procedures being followed in that office, except those procedures
that are modified by the following requirements:
(1)
The Building Inspector shall determine whether the
work proposed needs to be forwarded to HARB staff for administrative
approval review. If not, he shall forward copies of the completed
application for a building permit together with copies of any plot
plan and building plans and specifications filed by the applicant
to HARB.
(2)
The Building Inspector shall not issue a building
permit for the alteration of all or part of any building or structure
in the district until the Township Board of Supervisors has issued
a certificate of appropriateness. If the Building Inspector or his
or her representative issues a building permit without a certificate
of appropriateness due to an administrative or clerical error, said
building permit shall be voided.
[Amended 2-9-2023 by Ord. No. 1022]
(3)
The Building Inspector shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit or certificate of appropriateness so that the information needed to make the determination set forth in Subsection G(1) through (8) will be available.
(4)
The Building Inspector shall maintain, in his office,
a record of all such applications and final dispositions of the same.
B.
Board review of applications. Upon receipt of a completed
building permit or certificate of appropriateness application under
the jurisdiction of this chapter, HARB shall consider such at its
next regularly scheduled meeting or special meeting.
C.
Notification to applicant of HARB meeting. The owner
of record or his or her representative(s) applying for a certificate
of appropriateness and/or a building permit shall be advised of the
time and place of said meeting and be invited to appear to explain
his or her reasons at least 10 days before the HARB meeting. HARB
may invite such other persons as it desires to attend its meeting.
D.
Design guidelines. In determining both oral and written recommendations to be presented to the Township Board of Supervisors concerning the issuance of a certificate of appropriateness authorizing the erection, alteration, restoration, reconstruction, demolition, demolition by neglect, or razing of any building within the Historic District, which includes construction of new buildings or structures or changes to existing modern buildings or structures within the District, HARB shall consider the design guidelines set forth in §§ 10-7 and 10-8, and such design guidelines developed by the HARB pursuant to and congruent with the objectives of this chapter.
E.
Time frame for Board decision. HARB shall render a decision and recommendation on any application for a building permit under its review no later than 30 working days after the hearing/meeting provided for in § 10-5 of this chapter and shall submit, in writing to the Township Board of Supervisors, recommendations concerning the issuance of a certificate of appropriateness.
F.
Application disapproval by HARB. If the HARB decides
to advise against the granting of a certificate of appropriateness,
it shall so indicate to the applicant for a building permit. The disapproval
shall indicate to the applicant the changes in plans and specifications,
if any, which would protect the distinctive historical character of
the Historic District and the architectural integrity of the building
or structure. The HARB shall withhold its report for five days to
allow the applicant to decide whether or not to make the suggested
changes in his or her plans and specifications. If the applicant determines
that he or she will make the necessary changes, he or she shall so
advise the HARB, which shall in turn advise the Board of Supervisors
accordingly.
G.
Contents of written report. The written report to
the Township Board of Supervisors concerning HARB's recommendations
on the issuance of a certificate of appropriateness shall set out
the findings of fact which shall include but not be limited to the
following matters:
(1)
The exact location of the area in which the work is
to be done.
(2)
The exterior changes to be made or the exterior character
of the structure to be erected.
(3)
A list of the surrounding structures with their general
exterior characteristics.
(4)
The effect of the proposed change upon the general
historic and architectural nature of the District.
(5)
The appropriateness of exterior architectural features
of the building which can be seen from a public street or way.
(6)
The general design, arrangement, texture and material
of the building or structure and the relation of such factors to similar
features of building or structures in the District.
(7)
The opinion of HARB (including any dissent) as to
the appropriateness of the work or project proposed as it will preserve
or destroy the historic character and nature of the District.
(8)
The recommendation of HARB based on findings of fact
as to the issuance by the Township Board of Supervisors or its refusal
to issue a certificate of appropriateness.
H.
Notification to applicant by the Township Board of Supervisors of its consideration. Upon receipt of the written report from HARB as provided in Subsection G above, the Township Board of Supervisors shall consider, at the next regularly scheduled or special meeting, the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Township Secretary of the time and place of the meeting at which his or her application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this said application.
I.
Design guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition of all or a part of any building or structure within the Historic District, the Township Board of Supervisors shall consider the factors set forth in §§ 10-7 and 10-8 of this chapter and the HARB report to the Board.
J.
Approval by the Township Board of Supervisors. If
the Township Board of Supervisors approves the application, it shall
issue a certificate of appropriateness authorizing the Building Inspector
to issue a permit for the work covered.
K.
Disapproval by the Township Board of Supervisors.
(1)
If the Township Board of Supervisors disapproves,
a written reason(s) shall be given to the Building Inspector, the
applicant and to the Pennsylvania Historical and Museum Commission.
The disapproval shall indicate what changes in the plans and specifications
would meet the conditions for protecting the distinctive historical
character of the District and the architectural integrity of the building
or structure.
(2)
Upon receipt of a written disapproval of the Township
Board of Supervisors, the Building Inspector shall disapprove the
application for a building permit and so advise the applicant. The
applicant may appeal this disapproval to the County Court of Common
Pleas within the time specified by the law.
L.
Final notification by Township Board of Supervisors.
In either case of approval or disapproval the Township shall notify
the applicant of its decision within five days of its meeting at which
the application was considered.
A.
When a claim of unreasonable economic hardship is
made due to the effect of this chapter, the owner of record must present
evidence sufficient to prove that, as a result of the Review Board's
action, he 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 Review Board some or all of the information below,
at the discretion of the HARB, 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 a description of the relationship, if any, between the buyer and
the seller of the property.
(3)
Mortgage history of the property, including current
mortgage and the annual debt service, if any, for the previous two
years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for
the past two years.
(7)
Past capital expenditures during ownership of current
owner.
(8)
Appraisals of the property obtained within the previous
two years.
(9)
Income and property tax factors affecting the property.
(10)
All appraisals obtained within the previous
two years by the owner or applicant in connection with purchase, offerings
for sale, financing or ownership of the property, or state that none
was obtained.
(11)
All studies commissioned by the owner as to
profitable renovation, rehabilitation or utilization of any structure
or objects on the property for alternative use, or a statement that
none was obtained.
(12)
Estimate(s) of the cost of the proposed erection,
reconstruction, alteration, restoration, demolition or razing and
an estimate(s) of any additional cost(s) that would be incurred to
comply with the recommendation of the Planning Board for changes necessary
for it to approve a certificate of appropriateness.
(13)
Form of ownership or operation of the property,
whether sole proprietorship, for-profit or nonprofit corporation,
limited partnership, joint venture or other.
B.
The Review Board may require that an applicant furnish
additional information relevant to its determination of unreasonable
economic hardship.
C.
The Review Board may receive and consider studies
and economic analyses from other Township agencies and from private
organizations relating to the property in question.
D.
Should the Review Board 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 a return could be obtained through investment in
the property for rehabilitation purposes. The Review Board may choose
to recommend to the Township 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 Review Board 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
Review Board chooses to explore such options, the Review Board may
delay issuing a certificate of appropriateness for demolition on the
basis of economic hardship for a period of 90 days in addition to
time periods otherwise applicable.
F.
Should the applicant satisfy the Review Board that
he or she will suffer an unreasonable economic hardship if a certificate
of appropriateness is not approved, and should the Review Board be
unable to develop with the Township or appropriate local, statewide
and national preservation organization a solution which can relieve
the owner's economic hardship, the Review Board must recommend a certificate
of appropriateness for demolition.
All buildings and structures within the Township
Historic District shall be maintained in good repair, structurally
sound, and reasonably protected against decay and deterioration. Examples
of such deterioration include:
A.
Deterioration of exterior walls or other vertical
supports.
B.
Deterioration of roofs or other horizontal members.
C.
Deterioration of exterior chimneys.
D.
Deterioration of crumbling or exterior stucco or mortar.
E.
Ineffective waterproofing of exterior walls, roofs,
or foundations, including broken windows or doors.
F.
Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that a demolition is necessary
for the public safety.
The Building Inspector shall serve a notice
of violation on the person in violation of this chapter which would
result in but not be limited to failure to apply for a certificate
of appropriateness or a building permit required for the erection,
reconstruction, alteration, restoration, demolition, demolition by
neglect, or razing of any building or structure which can be seen
from a public way and failure to comply with HARB-approved work. Such
notice shall direct the abatement of said violation.
The Building Inspector or his designated representative
shall have the power to institute any proceedings at law or in equity
necessary for the enforcement of this chapter.
Any person violating any of the provisions of
this chapter shall, upon conviction, be sentenced to pay a fine not
to exceed the maximum fine of $1,000 plus costs of prosecution and,
in default of payment of such costs and prosecution, to imprisonment
for a term not exceeding 30 days; provided, however, that if the District
Justice determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such period of time as the District Justice deems to be just.
In case any work is performed by any person
in violation of any of the provisions of this chapter, the proper
officer of this Township, in addition to other remedies, may institute
in the name of the Township any appropriate action or proceeding,
whether by legal process or otherwise, to prevent such unlawful work
and to restrain or abate such violation.
