[HISTORY: Adopted by the Board of Supervisors of the Township of
Lancaster 5-14-2007 by Ord. No. 2007-2.
Amendments noted where applicable.]
This chapter is enacted pursuant to the authority of the Pennsylvania
Municipalities Planning Code, the Act of 1968, P.L. 805, No. 247, in particular
§ 603(a) thereof, which states that any ordinance in the nature
of a zoning ordinance "should reflect the policy goals of the statement of
community development objectives...and give consideration to the character
of the municipality, the needs of the citizens and the suitabilities and special
nature of particular parts of the municipality;" § 602 thereof,
which allows a municipality to "regulate, restrict and determine: ...size,
height, bulk, location, erection, construction, repair, maintenance, alteration,
razing, removal and use of structures;" and § 603(g)(2) thereof,
which states "Zoning ordinances shall provide for protection of natural and
historic features and resources." this chapter is supplementary to and is
intended to be read in pari materia with the Zoning Ordinance of Lancaster
Township.[1]
A.
The Comprehensive Plan for Lancaster Township, adopted
December 9, 1996, states the desire of the Township to discourage demolition
and encourage adaptive reuse of historic and other buildings; provide housing
opportunities to all age and income levels; protect the character of established
neighborhoods through appropriate land use controls and codes enforcement.
This is reiterated and strengthened in the multimunicipal comprehensive plan
to be adopted in 2007.
B.
It is the intent of this chapter to establish a procedure
for review of applications for demolition, razing or removal so that the structural
integrity of a building can be determined; opportunities for continued use
or adaptive reuse can be explored; the impact of the proposed demolition,
razing or removal upon the neighborhood streetscape can be determined; and
proposed plans for the site can be reviewed.
C.
It is not intended by this chapter to repeal, abrogate
or impair any existing easements, covenants or deed restrictions.
D.
In the event any provision, section, sentence, clause
or part of this chapter shall be held to be invalid, illegal or unconstitutional
by a court of competent jurisdiction, such invalidity, illegality or unconstitutionality
shall not affect or impair the remaining provisions, sections, sentences,
clauses, or parts of this chapter, it being the intent of the Board of Supervisors
that the remainder of this chapter shall be and shall remain in full force
and effect.
This chapter shall be known, and may be cited, as the "Demolition Review
Ordinance."
Unless otherwise stated, the following words and phrases shall be construed
throughout to have these meanings. The present tense includes the future,
the singular number includes the plural and the plural the singular, the masculine
gender includes the feminine and neuter genders.
A detached, subordinate building, the use of which is customarily
incidental to that of the principal building, and which is located on the
same lot as that occupied by the principal building. Unroofed decks and patios
shall be considered as accessory buildings within the meaning of this chapter.
A subordinate component or structural feature attached or affixed
to a principal structure or erected on the parcel.
Any structure constructed or used for a residence, business, industry
or other public or private purpose, or accessory thereto, and including porches,
decks, swimming pools, greenhouses, stables, garages, roadside stands, mobile
homes, and similar structures, whether stationary or movable, but excluding
fences, walls, signs and awnings. Features which are structurally essential
and connected to the structure shall be considered as part of the structure
within the meaning of this chapter.
Architectural design, materials, details, forms, workmanship or components
that are important elements reflecting a distinctive design.
The dismantling or tearing down of a building or structure, in whole
or in part.
The absence of routine maintenance and repair, which leads to structural
weakness, decay and deterioration in a building or structure to the point
where the building or structure meets the criteria for condemnation.
A building, structure, site, or object that is 50 years old or older
and is a good example of a type or style and/or is associated with a person
or event that has state or national significance; or contributes to the character
and constitutes the fabric of the community; and/or that has local significance.
A building that is old but has lost its integrity or a building that is less
than 50 years old is not an historic resource and is not regulated under the
provisions of this chapter. This definition is further subject to the provisions
of the section of this chapter titled "Historic Resources Inventory."
Work that does not alter the exterior fabric or features of a building
or structure.
Building in which has been, is, or will be conducted the principal
use or uses of the parcel.
To destroy to the ground, demolish.
The process of rehabilitation that warrants additional work beyond
maintenance.
The overall view of a public street, including front and side yards,
its component elements and the relationships of buildings' setbacks, rhythms,
height, shapes, spacing, and textures that give the street or neighborhood
its distinctive character or appearance.
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land.
B.
The Supervisors have appointed seven residents of Lancaster
Township as members of the Commission. Any adult shall be eligible except
a member of the Board of Supervisors, the Zoning Hearing Board or the Planning
Commission.
C.
The Commission members are appointed to four-year terms
except that members shall serve until a replacement is appointed at the annual
organizational meeting of the Board of Supervisors.
D.
The Board of Supervisors may, but shall not be required
to, appoint up to two alternate members of the Historic Commission. An alternate
member shall be entitled to participate and vote in any meeting in which the
attendance of regular members is less than seven, so long as the total number
of participants does not exceed seven.
E.
A quorum for any decision of the Commission shall be
a majority of the Historic Commission members in office at the time of any
meeting of the Commission. Alternate members participating in any meeting
shall be counted toward the quorum.
F.
Powers and duties. The Historic Commission shall:
(1)
Make recommendations to the Board of Supervisors from
time to time regarding amendments to the Historic Resources Inventory;
(2)
Receive input from an applicant at a regular meeting;
(3)
Make recommendations to the Board of Supervisors on applications;
(4)
The Board of Supervisors may remove any member at any
time for malfeasance, misfeasance or nonfeasance in office or for any other
just cause, so long as such action is not taken until the member has received
15 days' advance notice of the intent to take such a vote;
(5)
The Historic Commission may make, alter and rescind rules
and forms for its procedure, and keep full public records of its business,
which records shall be the property of the Township.
A.
Compliance. No historic resource within Lancaster Township
shall hereafter be removed, relocated, altered or demolished, in whole or
in part, without full compliance with the terms of this chapter.
B.
Demolition, removal or relocation of historic resources.
General requirements:
(1)
No Class 1 or Class 2 historic resource (as defined below
in this chapter) shall be demolished, altered, removed or otherwise relocated
without a permit obtained under the provisions of this section, except for
emergency demolitions.
(2)
Emergency demolitions to protect the health, safety and
welfare of the citizens of Lancaster Township are regulated under the Lancaster
Township Property Maintenance Code, BOCA 1996 or its successors, and the provisions
of that code shall take precedence over the provisions contained herein.
A.
Application procedures: Applications for demolition review
may be obtained at the municipal building.
B.
Preapproved activities: If the Zoning Officer determines
that the historic resource has no historic or architectural significance and
does not contribute to the character of the property or neighborhood, the
requested permit may be issued without any further review. The Zoning Officer
shall keep a record of these determinations to include: name of property owner;
address where structure is located; date of determination; date permit was
issued; and a photograph of the structure. This list shall be provided to
the Historical Commission for its review monthly.
C.
Criteria for review: Applicants for a permit to demolish
must provide, as part of their application, a written statement as to whether
the following statements are correct and detailed substantiation for each
statement which is believed to be correct. In each instance the burden of
proof is on the property owner to demonstrate that the property owner has
been deprived any profitable use of the relevant parcel as a whole. The recommendation
of the Historical Commission and the decision of the Board of Supervisors
shall be based upon a review of the information submitted by the applicant
against all criteria and not any one criterion. The goals and development
objectives of the Township shall also be considered.
(1)
It is not feasible to continue the current use.
(2)
Other uses permitted within the underlying zoning district,
either as permitted uses, special exception uses, or conditional uses, have
been denied or are not feasible due to constraints on the building or structure.
(3)
Adaptive use opportunities do not exist due to constraints
related to the building, structure or property.
(4)
The building, its permitted uses, and adaptive use potential
do not provide a reasonable rate of return, based on a reasonable initial
investment. Such reasonable rate of return shall be calculated with respect
to the property taken as a whole.
(5)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration or similar
physical action.
(6)
The demolition or removal will not adversely affect the
character of the property, streetscape, neighborhood or community.
(7)
A proposed new building, structure or use (if applicable)
on or of the property will not adversely affect the character of the streetscape,
neighborhood or community.
(8)
The building is structurally unsound.
(9)
The denial of demolition would result in unreasonable
economic hardship to the owner. The requirements for proving unreasonable
economic hardships may be obtained from the Zoning Officer.
(10)
Sale of the building or structure is impossible or impractical.
(11)
Denial of demolition will deprive the property as a whole
of all beneficial use.
D.
As part of the review process, the Historical Commission
and/or the Board of Supervisors may request additional information to be provided.
Such materials may include but are not limited to:
(1)
Site plan;
(2)
Detailed floor plans of the building proposed for demolition;
(3)
Exterior elevations of the building proposed for demolition;
(4)
A report from a professional civil engineer registered
in the Commonwealth of Pennsylvania on the structural soundness of the building
proposed for demolition;
(5)
Photographs;
(6)
Historic overview of the building and/or property; and
(7)
A written description of the proposed use of the property.
E.
Review procedure:
(1)
The Zoning Officer shall forward completed applications
for demolition, removal or relocation of Class 1 and Class 2 historic resources
to the Historical Commission. All information submitted in compliance with
the review criteria above shall be taken into consideration during the deliberation
process as shall the community goals and development objectives of the municipality.
(2)
The applicant shall be provided an opportunity to present
the proposal to the Historical Commission at a regularly scheduled monthly
meeting, subject to written advance notice.
(3)
The written recommendations of the Historical Commission
shall be forwarded to the Board of Supervisors for its consideration. It shall
consider the review criteria, the written recommendations of the Historical
Commission and the community goals and development objectives set forth in
the Comprehensive Plan, and make its determination at a public meeting which
the applicant may attend.
F.
Associated land development plan. If the application
for a permit for demolition, relocation or removal is being requested to facilitate
future development of the land, the said permit shall not be issued by the
Building Official until the following additional requirements have been satisfied:
A.
The Historic Commission shall prepare, with the help
of the Township Manager, Zoning Officer and the Township staff, an inventory
of historic resources as defined elsewhere in this chapter.
B.
Contents of Historic Resources Inventory. The Inventory
of Historic Resources data shall identify every historic resource by tax parcel
number. The street address, owner's name, type of resource and category of
each resource shall also be included in the list. The data to be gathered
in the inventory process represents the requirements of the Pennsylvania Historic
Resource Survey Form which has been incorporated into a standardized database
format used countywide and supplied by the Lancaster County Planning Commission
(LCPC).
C.
Historic resource map. All parcels identified as containing
one or more historic resource(s) shall be shown on an historic resource map
that shall be maintained, with the corresponding Historic Resource List, at
the municipal office.
D.
Classification. Historic resources shall be categorized
as follows:
(1)
Class 1. A building that is a good example of a type
or style and/or is associated with a person or event that has state or national
significance.
(2)
Class 2. A building that contributes to the character
and constitutes the fabric of the community and/or that has local historical
significance.
(3)
Class 3. A building that is old but has lost its integrity
or a building that is less than 50 years old is not an historic resource and
is not regulated under the provisions of this chapter.
E.
Changes in classification. Changes to any class shall
occur only when in compliance with the terms of this chapter and other applicable
regulations.
F.
Revisions to inventory and map. The Historic Resource
Inventory and Map may be revised from time to time by legislative action of
the Board of Supervisors who will consider recommendations from the Historical
Commission following a public meeting at which time the proposed changes shall
be presented.
(1)
Revisions are defined as additions, deletions, or changes
of classification. Revisions do not include routine list maintenance to update
ownership information or to add information about a change that occurred to
the building unless that change affects the classification.
(2)
The Historic Resources List and Map shall be reviewed
no less than annually, and recommendations for revisions, if any, shall be
compiled by the Historical Commission and submitted to the Board of Supervisors
for its review and action.
A.
If it appears to the municipality that a violation of
this chapter has occurred, the municipality shall initiate enforcement proceedings
by sending an enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the owner of
record of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding that
parcel, and to any other person requested in writing by the owner of record.
C.
In the event of demolition by neglect, the following
special provisions shall apply:
(1)
Codes violations. If the Codes Enforcement Officer has
cited a property owner for conditions that could lead to structural weakness,
decay or deterioration in a building or structure and the property owner fails
to correct the condition(s) in the time specified, that property owner may
be cited also for demolition by neglect under these provisions and be subject
to the penalties contained herein.
(2)
Owners of unoccupied principal or accessory buildings
or structures cited for codes violations shall develop a written maintenance
program for the protection of any and all unoccupied principal or accessory
buildings or structures. Said maintenance program shall be established in
accordance with the Lancaster Township Property Maintenance Code. A copy of
the maintenance program shall be filed with the Codes Enforcement Officer
and implementation begun in accordance with an established timetable.
(3)
The maintenance program shall address measures to assure
that structural components are protected and reinforced to stabilize and maintain
the essential form of the building or structure. Structural features requiring
stabilization include, but may not be limited to: roof; chimney(s); cornice,
soffit, fascia, spouting, columns, beams, posts, as well as window and door
sills, lintels and jambs.
(4)
The exterior and interior of the building or structure
shall be inspected no less than annually by the Codes Enforcement Officer
with the owner or the owner's agent to determine compliance with the established
maintenance program.
D.
An enforcement notice shall state at least the following:
(1)
The name of the owner of record and any other person
against whom the municipality intends to take action.
(2)
The location of the property in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter.
(4)
The date on or before which the steps for compliance
must be commenced and the date on or before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal
to the Zoning Hearing Board within a prescribed period of time in accordance
with procedures set forth in the chapter.
(6)
That failure to comply with the notice within the time
specified, unless extended by appeal to the Zoning Hearing Board, constitutes
a violation, with possible sanctions clearly described.
E.
In any appeal of an enforcement notice to the Zoning
Hearing Board the municipality shall have the responsibility of presenting
its evidence first.
F.
Any filing fees paid by a party to appeal an enforcement
notice to the Zoning Hearing Board shall be returned to the appealing party
by the municipality if the Zoning Hearing Board, or any court in a subsequent
appeal, rules in the appealing party's favor.
G.
Causes of action. In case any building, structure, landscaping
or land is, or is proposed to be, demolished, relocated or removed, reconstructed,
altered, converted, maintained or used in violation of this chapter, the Supervisors
or, with the approval of the Township Manager, the Zoning Officer, in addition
to other remedies, may institute any appropriate action or proceeding to prevent,
restrain, correct or abate such building, structure, landscaping or land,
or to prevent, in or about such premises, any act, conduct, business or use
constituting a violation.
H.
Enforcement remedies. Any person, partnership or corporation
who or which has violated or permitted the violation of the provisions of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced on behalf of the Township, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney fees incurred
by the Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation by the
Magisterial District Judge. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the district judge determining that there has
been a violation further determines that there was a good faith basis for
the person, partnership or corporation violating the ordinance to have believed
that there was no such violation, in which event there shall be deemed to
have been only one such violation until the fifth day following the date of
the determination of a violation by the district judge, and thereafter each
day that a violation continues shall constitute a separate violation. All
judgments, costs and reasonable attorney fees collected for the violation
of zoning ordinances shall be paid over to the Township.
I.
In addition to the enforcement provisions found in the
Lancaster Township Zoning Ordinance and incorporated herein by reference,
the Board of Supervisors may authorize action to withhold issuance of any
and all zoning and building permits for a period of up to three years for
any property that at the time of the enactment of these provisions was occupied
by a building or structure that was subsequently demolished, removed or relocated
without obtaining a permit as provided for herein.
J.
The Board of Supervisors may take other appropriate legal
action, which may include equitable and injunctive relief, to enforce the
provisions of this chapter.
