[Ord. 1974, 2/9/2004, § 1]
Based on the authority contained in the Act of June 13, 1961,
Public Law 282, No. 167, and 53 P.S. § 8001 et seq., as
amended, the Borough of Pottstown hereby creates Certified Local Ordinance
Historic Districts within the Borough of Pottstown.
[Ord. 1974, 2/9/2004, § 1]
This Part shall be known as the "Borough of Pottstown Historic
Preservation Ordinance."
[Ord. 1974, 2/9/2004, § 1]
Pottstown's Certified Local Government Historic Districts
are created for the following purposes:
A.
To protect those portions of the Borough of Pottstown which most
strongly reflect the cultural, economic, social, political and architectural
history of the Borough of Pottstown, the Commonwealth of Pennsylvania,
and the United States.
B.
To awaken among Pottstown residents, property owners and other citizens
an interest in Pottstown's historic past.
C.
To encourage the restoration and maintenance of Pottstown's
historic buildings.
D.
To strengthen Pottstown's economy and real estate values by
stabilizing and strengthening Pottstown's most historic buildings
and neighborhoods.
E.
To encourage new buildings to be compatible with existing historic
buildings.
[Ord. 1974, 2/9/2004, § 1; amended by Ord. 2088,
11/14/2011]
1.
An official
map of the Pottstown Certified Local Government Historic District
is on file in the office of the Pottstown Building Permit Officer.
The boundaries of the District are described in § A203 of
the Historic Districts Appendix.
2.
Properties
with the following addresses are located within the Certified Local
Government Historic District:
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Streets
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Bailey Street
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Beech Street
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North Charlotte Street
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Chestnut Street
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North Evans Street
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North Franklin Street
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North Hanover Street
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High Street
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King Street
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South Price Street
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South Roland Avenue
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Walnut Street
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North Washington Street
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North Warren Street
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North York Street
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North Penn Street
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Union Street
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3.
For the
range of addresses, please see Exhibit B attached.
[Ord. 1974, 2/9/2004, § 1]
Where uncertainty and/or discrepancy exists as to the boundaries
of the Districts as shown on the Official Pottstown Historic Districts
Map, or the written description in § A203, see § A204
for the rules of interpretation.
[Ord. 1974, 2/9/2004, § 1]
1.
Membership. The Historic Architectural Review Board, hereafter referred
to as "HARB," is hereby established and is composed of seven members
appointed by the Borough Council. The membership of HARB shall be
as follows:
A.
One member shall be a registered architect.
B.
One member shall be a licensed real estate broker.
C.
One member shall be a Building Inspector.
D.
Two members shall be persons who are either residents of or owners
of property within the originally created Old Pottstown Historic District
with knowledge of or interest in the preservation of historic buildings
and districts.
E.
Two members shall be persons who are either residents of or owners
of property within the High Street Historic District with knowledge
of or interest in the preservation of historic buildings and districts.
2.
Waivers. Borough Council shall have the authorization to grant a
waiver in appropriate circumstances to the residency requirement.
3.
Alternates. The Borough Manager or Assistant Borough Manager may
serve as an alternate member of HARB, if necessary, for the purpose
of being present to facilitate the quorum requirement.
4.
Terms. The initial term of the first members shall be fixed so that
no more than one member shall be replaced or reappointed during any
one calendar year. Their successors shall serve for a term of five
years.
5.
Change of Status. The position of any member of HARB appointed in
his capacity as a registered architect, licensed real estate broker
or building inspector who ceases to be so engaged shall automatically
be considered vacant. In the case of a resident of the District who
ceases to be either a resident of and/or owner or property in the
Historic District shall be automatically considered vacant, unless
Council grants a waiver. Any appointment by Borough Council to fill
a vacancy shall be only for the unexpired portion of the term.
6.
Organization of HARB. HARB shall establish its own by-laws, establish
officers and elect officers from its own membership. HARB may make
and alter rules and regulations for its own organization and procedure
provided they are consistent with the laws of the Commonwealth, and
all provisions of this Part.
7.
Quorum. For the conduct of any meeting, the taking of any action
of quorum shall be not less than a majority of the Board as a whole.
Any action taken at any meeting shall require the affirmative vote
of a majority of the HARB as a whole.
8.
Conflict of Interest and Recordkeeping. No member of HARB shall be
permitted to take part in the discussion or vote of the issuance of
any Certificate of Appropriateness for any property in which said
member has any interest, direct or indirect. The HARB shall keep full
public records of its business.
9.
Removal of Members. Any HARB member may be removed for malfeasance
or misfeasance or nonfeasance (nonattendance at three consecutive
meetings) in office or for any other just cause by a majority vote
of Borough Council taken after the member has received 15 days'
advance notice of the intent to take such vote.
10.
Expenditures for Service. Borough Council may appropriate funds for
legal, secretarial, clerical, consultant and other technical assistance
required to achieve the aims of this Part. HARB members shall serve
without compensation, except that Borough Council may reimburse HARB
members for expenses incurred in the performance of their duties.
[Ord. 1974, 2/9/2004, § 1]
HARB shall:
1.
Give recommendations to the Borough Council regarding the advisability
of issuing any Certificate of Appropriateness in accordance with the
Act of June 13, 1961, as amended, and this Part.
2.
Formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about Pottstown's
historic neighborhoods and buildings.
3.
Cooperate with and advise Borough Council, the Borough Planning Commission
and other Borough agencies in matters involving historically and/or
architecturally significant sites and buildings such as historical
markers, appropriate land usage, parking facilities and signs, as
well as adherence to lot dimensions or regulations and minimum structural
standards.
4.
Meet publicly at least once a month at regularly scheduled intervals.
Further, HARB may hold any additional meetings considered necessary
to carry out its powers and duties. Such meetings shall be open to
the public.
[Ord. 1974, 2/9/2004, § 1]
1.
Permit Required.
A.
Except for interior alterations, no persons shall erect, construct,
reconstruct, alter, restore, demolish, raze or change in appearance,
in any manner, any building or structure, in whole or in part, which
is visible from a public street or way, within any Certified Local
Government Historic District, without first obtaining permits which
have been issued on the strength of a Certificate of Appropriateness
issued by Borough Council.
B.
The Certificate shall not be limited to work requiring a building
permit according to the presently enacted Building Code of the Borough
of Pottstown, but shall include all work affecting general design,
arrangement, texture and material which can be seen from a public
street or way, including utility installations or other public improvements.
This includes, but is not limited to, the following: sandblasting,
chemical cleaning, stucco or other applied textures, replacement or
major repair of windows, cornices, trim or other nonstructural elements,
signs and other work affecting the visual appearance of the structure
as defined in this Part.
2.
Application Procedure. Upon receipt of an application for a building
permit for work to be done in the District, the Building Permit Officer
shall act in accordance with the procedures then being followed in
that office, except those procedures that are necessarily modified
by the following requirements:
A.
He shall forward copies of the application for any building permit,
together with copies of any plot plan and building plans and specifications
filed by the applicant, to HARB.
B.
He shall not issue a permit for any construction, alteration, reconstruction,
repair, restoration or demolition of all or a part of any structure
in the District until Borough Council has issued a Certificate of
Appropriateness.
C.
He shall require applicants to submit a sufficient number of additional
copies of materials required to be attached to an application for
a building permit so that the information needed to make a determination
of appropriateness shall be available to all HARB members.
D.
In the case of routine repairs that are minor and clearly meet the
design guidelines in § 208 of this Part, the Building Permit
Officer may issue a Certificate of Appropriateness in conformance
with the provisions of § 210 of this Part.
E.
He shall maintain, in his office, a record of all applications and
their final disposition.
3.
HARB Review of Applications. Upon receipt of any building permit
application under the jurisdiction of this Part, HARB shall consider
the application at its next regularly scheduled meeting or special
meeting. Applications submitted within eight days of the scheduled
meeting may be considered at the next meeting thereafter at the discretion
of HARB.
4.
Notification of Applicant of HARB Meeting. The person(s) applying
for a permit shall be advised of the time and place of the HARB meeting
to consider his application and shall be encouraged to attend. HARB
may invite such other persons as it desires to attend its meeting.
5.
Design Guidelines. In determining the recommendations to be presented
to Borough Council concerning the issuing of a Certificate of Appropriateness,
HARB shall consider the design guidelines set forth in § 208.
6.
Time Frame for HARB Decision. HARB shall render a decision and recommendation
on any application for a building permit under its review no later
than one month after the hearing/meeting provided for in this section,
and shall submit, in writing to the Borough Council, recommendations
concerning the issuance of a Certificate of Appropriateness.
7.
Application Disapproval by HARB. If the HARB decides to advise against
the granting of a Certificate of Appropriateness, it shall indicate
such to the applicant. The disapproval shall indicate the changes
in plans and specifications, if any, which would protect the distinctive
historic character of Pottstown's Certified Local Government
Historic Districts.
8.
Contents of Written Report. The written report to Borough Council
concerning HARB's recommendations on the issuance of a Certificate
of Appropriateness 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 elements of the structure
to be erected.
C.
A current list and/or photographs of the surrounding structures with
their general exterior characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the District.
E.
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
F.
The general design arrangement, texture, material and color of the
building or structure, and the relation of such factors to similar
features of buildings or structures in the Certified Local Government
Historic Districts.
G.
The opinion of HARB (including any dissent) as to the appropriateness
of the work proposed as it will preserve or destroy the historic aspect
and nature of the District.
H.
The specific recommendations of HARB as to the issuance by the Borough
Council, or its refusal to issue, a Certificate of Appropriateness.
9.
Notification of Applicant by Borough Council of its Decision. Upon receipt of the written report from HARB as provided in Subsection 6 of this Section, the Borough Council shall consider, at the next regularly scheduled or special meeting, the question of issuing to the Building Permit Officer a Certificate of Appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Borough Secretary of the time and place of the meeting at which his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing his application.
10.
Design Guidelines. In determining whether or not to grant a Certificate
of Appropriateness, the Borough Council shall consider the same factors
as HARB as set forth in § 208 of this Part, and the report
of HARB.
11.
Approval by the Borough Council. If the Borough Council approves
the application, Council shall issue a Certificate of Appropriateness.
12.
Disapproval by the Borough Council.
A.
If the Borough Council disapproves, it shall do so in writing, and
copies shall be given to the Building Permit Officer, the applicant
and 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 structure, so that the applicant may prepare
such changes.
B.
Upon receipt of a written disapproval of the Borough Council, the
Building Permit Officer shall disapprove the application for a building
permit and so advise the applicant. The applicant may appeal from
the disapproval as provided by law.
13.
Final Notice by Borough Council. In either case, the Borough Council
shall notify the applicant within five days of its meeting at which
the application was considered.
[Ord. 1974, 2/9/2004, § 1]
In determining the recommendation to be presented to Borough
Council concerning the issuing of a Certificate of Appropriateness,
HARB shall consider the following factors:
A.
The purposes of this Part.
B.
The design guidelines in Pottstown's Zoning Ordinance for the
Conservation Overlay District.
C.
Pottstown's Certified Local Government Historic Districts Maintenance
and Renovation Guidelines.
D.
The United States Secretary of the Interior's Standards for
Rehabilitation.
E.
The appropriateness of exterior architectural features which can
be seen from a public street or way.
F.
The general design, arrangement, texture and material of the building
or structure in question and its appurtenant fixtures, including its
facade, any or all signs, and paving materials around the property,
and the relationship of such features to similar features of other
buildings or structures in the Certified Local Government Historic
Districts.
G.
The effect of the proposed change upon the general historic, architectural
and aesthetic nature of the Certified local Government Historic Districts.
H.
HARB shall grant variations in a manner that will be in harmony with
the character of other buildings or structures on the street and/or
districts.
[Ord. 1974, 2/9/2004, § 1]
1.
The demolition of any existing building of historic value should
be considered a last resort, only after the applicant can either:
A.
Demonstrate that no other viable alternatives for reuse of the building
exist. This would include
B.
Demonstrate that demolition of a building is an unavoidable and integral
part of a construction scheme affecting a larger area than the building
in question, which will, in the opinion of the Borough Council, provide
substantial public benefit.
2.
No building shall be demolished until a plat and design review of
any proposed new buildings or other use for the lot has been conducted
by the Pottstown Planning Commission and approved by Borough Council.
3.
In cases where applications for proposed demolition occur, HARB may
recommend to the Borough Council that the proposed demolition be postponed
for a period not to exceed nine months. The moving of a building shall
be encouraged as an alternative to demolition if there is no other
way to preserve the building. Any matter of immediate threat to health
and safety shall override any postponement of demolition.
[Ord. 1974, 2/9/2004, § 1]
1.
Purpose. There are many instances of repairs and restorations of
structures, and paving materials around structures, that are minor
and clearly meet the Design Guidelines in § 208 of this
Part. Such repairs might include the repair of a wooden window or
cornice with new wood material that will look exactly like the original,
or the cleaning of brick walls to standards clearly permitted by the
Secretary of Interior's Standards for Rehabilitation. In those
cases, Borough Council wishes to avoid the inconvenience that property
owners experience while waiting for a meeting of the HARB and Borough
Council before a Certificate of Appropriateness is issued.
2.
Therefore, after reviewing the application required in § 208
of this Part, if the Building Permit Officer determines the proposed
work is minor and clearly meets the Design Guidelines set forth in
§ 208 of this Part, he shall issue a Certificate of Appropriateness
notwithstanding any other section of this Part.
3.
In cases of substantial renovations or other construction work, or
in cases where the Building Permit Officer, in his discretion, questions
whether the proposed work meets the Design Guidelines in § 208
of this Part, the Building Permit Officer shall forward copies of
the application and other materials to HARB for its review in accordance
with § 207 of this Part.
4.
The Building Permit Officer shall forward all Certificates of Appropriateness
and substantiating materials for applications he has approved to both
HARB and Borough Council for ratification at their next scheduled
meetings.
[Ord. 1974, 2/9/2004, § 1]
The Building Permit Officer shall have the power to institute
any proceedings at law or in equity for the enforcement of this Part
in the same manner as in his enforcement of the Borough Building Permit
Ordinance as enacted, and may be amended from time to time.
[Ord. 1974, 2/9/2004, § 1]
Any person, partnership or corporation who or which shall violate
the provisions of this Part shall, upon conviction thereof, be sentenced
to a fine not to exceed $1,000 plus costs, and in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. The Borough shall give official written notice to the violator,
by certified/registered mail, that he is committing a violation, and
each day that a violation is continued shall constitute a separate
offense.
[Ord. 1974, 2/9/2004, § 1]
Immediately upon the adoption or amendment of this Part, the
Borough Secretary shall forward a copy thereof to the Pennsylvania
Historical and Museum Commission. This Part shall take effect immediately
upon:
[Ord. 1974, 2/9/2004, § 1]
All definitions for this Part are also contained in the definitions
section of Pottstown Subdivision and Zoning Ordinances.
As applied to Pottstown's Certified Local Government
Historic Districts, an alteration is any change, modification or addition
to a part or all of the exterior of any building or structure which
can be seen from a public right-of-way.
The governing of Pottstown. It includes the term "Town Council."
Any structure, either temporary or permanent, having a roof
or other covering, and designed or used for shelter or enclosure of
any person, animal or property of any kind, including tents, awnings
or vehicles situated on private property and used for purposes of
a building.
An approval statement signed by the Code Enforcement Officer
authorizing the construction, alteration, reconstruction, repair,
restoration, demolition or razing of all or part of any building within
Pottstown.
The request filed by any person with the Code Enforcement
Officer that seeks authorization to construct, alter, reconstruct
repair, restore, demolish or raze all of any part of any building
within Pottstown.
The officer designated by Pottstown Borough Council as the
person who issues permits for the construction, alteration, reconstruction,
repair, restoration, demolition or razing of all or part of any building
in Pottstown.
A statement signed by Pottstown Borough Council that certifies
the appropriateness of a particular request for the construction,
alteration, reconstruction, repair, restoration, demolition or razing
of all or a part of any building within one of Pottstown's Certified
Local Historic Districts, and authorizes the issuance of a building
permit for said request.
The areas in the Borough of Pottstown created by ordinance
of the Borough of Pottstown as authorized by the Act June of June
13, 1961, P.L. 282, No. 167, as amended.
The Borough of Pottstown Planning Commission, unless context
indicates clearly otherwise.
The Commonwealth of Pennsylvania.
When used to describe the relationship among buildings, "compatible"
means having characteristics that are similar to the majority of existing
historic buildings on the block. These characteristics include, but
are not limited to:
Constructed of the same original materials, such as wood, brick
or stucco, as existing buildings on the block, or constructed of materials
that are very similar in appearance to the original materials, such
as dark gray asphalt shingles to replace slate shingles, cut to the
same size and shape.
Contain structural details that are similar to other buildings
on the block, such as:
Any or all work necessary for the erection of any building
or structure from a combination of materials to form safe and stable
structures.
The Borough Council of Pottstown.
The dismantling or tearing down of all or part of any building.
The provisions for development, a plat of subdivision, all
covenants relating to use, location and bulk of buildings and other
structures, intensity of use or density of development, streets, ways
and parking facilities, common open space and public facilities. The
phrase "the provisions of the development plan" when used in this
Part shall mean the written and graphic materials referred to in this
Part.
A structure that permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
The area between the front lot line (a line dividing a lot
from any public street) and the setback required, with the exception
of corner lots used for residential purposes.
The Historic Architectural Review Board regulating properties
in Pottstown's Certified Local Ordinance Historic Districts.
An area judged by the Pennsylvania Bureau for Historic Preservation
as eligible for the National Register of Historic Places.
Any or all work need to remake or rebuild all or a part of
any building to a sound condition, but not necessarily of original
materials.
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
Any or all work involving the replacement of existing work
with equivalent material for the purpose of maintenance, but not including
any addition, change or modification in construction.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
Any or all work connected with the returning to or restoring
a building or part of any building to its original condition through
the use of original or nearly original materials.
The size, or apparent size, of a building in relationship
to the size of a human being.
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Left, small scale two-story building.
Right, large scale two-story building.
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A lettered board, structure or other surface, or any other device used to visually announce, advertise or convey information to the public for any purpose. This definition hereby incorporates the definitions contained in Pottstown's Zoning Ordinance, Sign Definitions, Chapter 27, § 702.
An accessory building with four sides and a roof, not exceeding
100 square feet or eight feet in height, for the storage of lawn,
garden and swimming pool equipment or similar domestic items.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways, whether public or
private, used or intended to be used by vehicular traffic or pedestrians.
Streets are further classified by function in Appendix A5 of the Pottstown
Subdivision and Land Development Ordinance. A "half street" is a street
of less than required right-of-way width.
A line determining the limit of pedestrian or vehicular rights,
either existing or contemplated, of the public.
Any constructed, erected or placed material or combination
of materials in or upon the ground or water, including, but not by
way of limitation, buildings, mobile homes, radio towers, sheds, signs,
storage bins, tents and pools.
The area between any lot line and the setback required from
the lot line.
[Ord. 1974, 2/9/2004, § 2; Ord. 1974, 2/9/2004,
§ 1]
To the extent there are any inconsistencies between §§ 200
through 214 of this Part, and those provisions that comprise the Appendix,
the provisions of the Appendix shall control. It is the specific intent
of the Borough Council to create a user friendly, easy to read Part
with the actual District Boundaries and formal Rules of Interpretation
contained in the Appendix.
