[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 10-9-2003 by Ord. No. 605. Amendments noted where
applicable.]
GENERAL REFERENCES
Blighted Property Review Committee — See Ch. 15.
Planning Commission — See Ch. 76.
Shade Tree Commission — See Ch. 112.
Damaged buildings — See Ch. 187.
Dangerous buildings — See Ch. 191.
Certificate of zoning classification — See Ch. 228.
Construction standards — See Ch. 240.
Contractors — See Ch. 244.
Grading and excavating — See Ch. 334.
Property maintenance — See Ch. 429.
Stormwater management — See Ch. 490.
Subdivision and land development — See Ch. 505.
Zoning — See Ch. 600.
A.
It is hereby declared, as a matter of public policy, that the preservation
and protection of buildings and structures of historic, architectural,
cultural, educational and aesthetic merit are public necessities and
are in the interests of the health, prosperity and welfare of all
the citizens of Upper Chichester Township.
B.
The purposes of this chapter are to:
(1)
Identify and provide an opportunity to preserve historic buildings
and structures which are important to the education, culture, traditions
and economic values of all citizens of Upper Chichester Township;
(2)
Maintain or improve property values in Upper Chichester Township;
(3)
Retain and enhance historic properties which contribute to the character
of Upper Chichester Township;
(4)
Assure that new construction and subdivision of lots in Upper Chichester
Township are compatible with existing historic buildings and structures;
(5)
Encourage the restoration and rehabilitation of historic buildings
and structures in Upper Chichester Township;
(6)
Enhance the attractiveness of Upper Chichester Township, thereby
supporting and promoting business, commerce, industry and tourism,
as well as providing economic benefit to Upper Chichester Township;
(7)
Foster civic pride in the historical, architectural, cultural and
educational accomplishments of Upper Chichester Township;
(8)
Promote the use of historic buildings and structures for the education,
pleasure and welfare of all citizens of Upper Chichester Township;
(9)
Encourage orderly and efficient development that recognizes the special
value to Upper Chichester Township of its fragile, nonrenewable historic
and cultural resources; and
(10)
Encourage public participation in identifying and preserving
historical, architectural and cultural resources through educational
programs and general awareness campaigns.
The following words and phrases shall have the meaning ascribed
to them in this section:
The Upper Chichester Township Board of Commissioners.
The Upper Chichester Township Building Inspector.
The erection of a new building, structure or object upon
a site.
The razing or destruction, whether entirely or in significant
part, of a building or structure. Demolition includes the removal
of a building or structure from its site.
Any structure listed in the Upper Chichester Township Historic Sites Survey as prepared by the Delaware County Planning Department dated June 1981-1982, as updated from time to time either by the Delaware County Planning Department or by the Township in accordance with the provisions of § 351-8 herein.
A person, corporation, or other legal entity that has filed
written objections to the issuance of a demolition permit pursuant
to this chapter.
An individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture,
government, governmental subdivision, agency, or instrumentality or
any other legal or commercial entity.
Upper Chichester Township, Delaware County, Commonwealth
of Pennsylvania.
A.
No person shall undertake demolition on any historic structure within
the Township unless a demolition permit is first obtained from the
Building Inspector.
B.
Except as may be provided below, the Building Inspector shall not
issue a demolition permit until the Board first reviews and approves
the application for the demolition permit.
A.
To obtain a demolition permit, an applicant must submit an application
in writing on a form furnished by the Building Inspector for that
purpose, together with the applicable fee(s). The fee for a demolition
permit shall be based on the Township fee schedule. The minimum charge
for the permit will be $150.
B.
Contents.
(1)
The contents of the demolition permit application are as follows:
(a)
Date of filing of application;
(b)
Name of applicant;
(c)
Address of building or structure to be demolished and owner
of record if different from applicant;
(d)
Description of the building or structure to be demolished, including
type of use, type of building construction, size and square footage
and number of stories;
(e)
Site plan showing all buildings, structures and features of
the property;
(f)
Reasons for demolition;
(g)
Method of demolition;
(h)
Approximate date of commencement and completion of demolition;
(i)
Projected uses of the site following demolition of the building
or structure.
(2)
The applicant must submit three copies of said application to the
Secretary of Upper Chichester Township.
C.
The demolition permit application shall be signed by the applicant
and such signature shall constitute a certification by the signer
that the information contained in the application is true and correct.
D.
Within 10 working days of receipt of an application for demolition
permit, the Township shall publish notice of the application in a
daily or weekly newspaper of substantial circulation in the Township.
The notice required shall include the following:
(1)
That unless written objection stating specific reasons thereof is
filed with the Building Inspector within 10 days of the publication
of the notice the demolition permit will be issued after the expiration
of such ten-day period.
E.
If within 10 days after publication of the notice no written objection
to the issuance of the permit is filed with the Building Inspector,
then the demolition permit shall be issued to the applicant.
F.
If within 10 days after application of the notice an objection is
filed with the Building Inspector, then the Building Inspector shall
forward the demolition permit application together with all attachments
to the Board for its review. The objection shall be in writing and
shall state the specific reasons for the objection.
G.
Within 45 days after receipt by the Board of an application for a
demolition permit to which application an objection has been filed,
or such later period not to exceed an additional 60 days as may be
agreed to by the Board and the applicant, the Board shall hold a public
meeting on the application and objections thereto and make a decision
whether to approve or deny the application for issuance of the demolition
permit. The person applying for the demolition permit shall be given
a minimum of five days' advance written notice by mail of the time
and place of the hearing. If a special hearing, being a hearing other
than a regularly scheduled Board meeting, is required to meet the
time frame for the public hearing required herein or is otherwise
requested by the applicant, the applicant shall be responsible for
payment of the required fee for such special hearing as provided for
in the Township fee schedule. Failure of the Board to make a determination
within the required time period shall be deemed to constitute an approval
of the application.
H.
At any time after filing an objection to the issuance of the permit,
the objecting party may withdraw the objection by giving written notice
of such withdrawal to the Board and the Building Inspector and, upon
receipt of such withdrawal, provided the initial ten-day period after
publication has expired and provided there are not other objections
which remain outstanding, the permit shall be issued and any pending
public hearing on the permit shall be canceled.
I.
At the public hearing held on the application, the Board, the objector,
and the applicant may agree to postpone the public hearing to a later
date, such postponement not to exceed an additional 60 days from the
date of that public hearing.
J.
After the hearing when the Board reviews an application for a demolition
permit, the Board shall consider the following factors, among other
factors deemed appropriate by the Board, before reaching its decision
on the application:
(1)
The purposes of this chapter.
(2)
The historical, architectural or aesthetic significance of the building
or structure.
(3)
The design and compatibility of the proposed work with the character
of its site, including the effect of the proposed work on neighboring
structures.
(4)
Whether the building or structure can be used for any purpose for
which it is or may be reasonably adapted. To that end, the owner must
demonstrate that the sale of the property is impracticable, and that
rental cannot provide a reasonable rate of return. The objector must
also provide his/her or its recommendations for the continued use
of the building in question.
(5)
Where an application for demolition is based on economic hardship,
the Board may lessen its requirements in order to account for the
economic situation involved.
K.
Every decision of the Board shall be in writing and shall state the
reasons for the decision. The decision shall contain the findings
of fact that constitute the basis for the decision. The Board shall
furnish the applicant and objector with a copy of the Board's
decision, together with a copy of any recommendations the Board may
have for changes necessary before the application will be reconsidered
by the Board.
(1)
The Board may approve the application for a demolition permit subject
to conditions.
(2)
In cases where the Board approves of a demolition permit, the Board
shall require that the building or structure be recorded, at the applicant's
expense, according to the documentation standards of the Historic
American Buildings Survey and the Historic American Engineering Record
(HABS/HAER), with such written, drafted and photographic documentation
being deposited with the Board and any other historical preservation
agency or group by the Board deems necessary. In no case will the
applicant be forced to spend more than an additional $200 on this
survey. Any additional expenses will be borne by the objecting party.
(3)
In the case of a demonstrated economic hardship, the Board may prescribe
a less stringent form of documentation.
(4)
In cases where the Board approves the issuance of a demolition permit,
the permit will be good for a six-month period, unless upon written
request the Board agrees to extend the time.
This article shall not be construed to prevent the ordinary
maintenance or repair of any building or structure, where such work
does not require a permit by law, and where the purpose and effect
of such work is to correct any deterioration or decay of, or damage
to, a building or structure and to restore the same to its condition
prior to the occurrence of such deterioration, decay or damage.
Any party to the hearing before the Board aggrieved by a decision
of the Board may, within 30 days after receiving notice of the decision,
seek judicial review of that decision in any court of competent jurisdiction.
The following penalties and remedies shall be applicable to
violations of this chapter:
A.
Penalties. Failure to perform any action required by this chapter or performance of any action, which is prohibited by this chapter, shall constitute a violation hereof. Any person violating any of the provisions of this chapter shall be subject to a fine of not more than $600 for each offense plus court costs, including reasonable attorney fees incurred as a result thereof, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitute a separate violation. All fines collected shall be deposited into the Township general fund. At the discretion of the Board, these funds may be used for historic preservation to further the achievement of the purposes described in § 351-1.
The Board may add structures to the Township list, which the
Board finds to be significant to the Township for its ability to meet
one or any combination of the following criteria:
A.
Listed in or determined to be eligible for the National Register
of Historic Places as provided in the National Historic Preservation
Act of 1966, 16 U.S.C. § 470 et seq.[1]
[1]
Editor's Note: On 12-19-2014, Public Law 13-287 moved the
Act’s provisions from Title 16 of the U.S.C. to Title 54, with
minimal and nonsubstantive changes and a reordering of some provisions
B.
Listed in the Upper Chichester Township Historic Sites Survey prepared
by the Delaware County Planning Department dated June 1981-1982, as
updated from time to time.
C.
Has significant character, interest, or value as an example of the
development, heritage or cultural characteristics of the Township,
the county, the commonwealth, or the United States.
D.
Is the site of a significant historic event.
E.
Exemplifies the cultural, political, economic, social or historical
heritage of the community.
F.
Embodies distinguishing characteristics of an architectural style
or engineering specimen.
G.
Is the work of a designer, architect, landscape architect or engineer
whose individual work has significantly influenced the development
of the Township, the county, the commonwealth or the United States.
H.
Contains elements of design, detail, materials or craftsmanship,
which represent a significant innovation.
I.
Is the singular example of a design or use of material or style of
architecture within the Township.
J.
Is part of the historic context of a square, park or other distinctive
area which should be preserved according to a plan based on a historic,
cultural or an architectural context.
K.
Is a landmark; that is, an established and familiar visual feature
which assists in defining the character of the neighborhood, community,
or Township due to is unique location or singular physical characteristic.
L.
Has yielded or is likely to yield information of importance to the
history of the Township, the county, or the commonwealth.