[Amended 8-3-2005 by Ord. No. 2005-02; 11-1-2006 by Ord. No.
2006-09; 12-7-2011 by Ord. No. 2011-11]
A.
It is the intent of this article to:
(1)
Create a comprehensive framework for the application of zoning ordinance
provisions for the preservation of historic sites, buildings, structures,
objects, and districts in Schuylkill Township;
(2)
Implement the goals of the National Historic Preservation Act of
1966, as amended, as they relate to historic resources in Schuylkill
Township;
(3)
Implement the goals of Article I, Section 27, of the Pennsylvania Constitution which establishes the Commonwealth's policy of encouraging the preservation of historic and aesthetic resources;
(4)
Implement the goals of the Pennsylvania Municipalities Planning Code,[1] as presented in Section 105 of the Act, and the purposes of Article VI, which authorizes the regulation, restriction, and prohibition of uses and structures at, along, or near places having unique historical, architectural, or patriotic interest or value, and which recognizes that zoning ordinances "shall provide for the protection of natural and historic features and resources"; and
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Preserve the exterior appearance of historic resources and their
settings by creating a process by which the expertise of the Historical
Commission is made available for the review of proposed alterations
to historic resources or other proposed actions that pose potential
impacts on historic resources.
B.
This article establishes specific roles and functions for the Schuylkill
Township Historical Commission to assist the Board of Supervisors
and Zoning Officer and to offer information and recommendations for
possible use at Zoning Hearing Board hearings; it authorizes the creation
of an Historic Properties Map which delineates the jurisdiction of
the Historical Commission under this article. The protections and
incentives of this article are targeted toward the Township's most
important historic resources and, therefore, include procedures for
proposed demolitions, standards for demolition by neglect, area and
bulk modifications, additional use opportunities for historic properties,
and an historic resource impact study requirement.
A.
Compliance. Schuylkill Township shall prepare and maintain an Historic Properties Map as set forth in § 370-53 of this article. Any change to an historic resource shown on the Historic Properties Map shall occur only in full compliance with the terms of this article and other applicable regulations.
B.
Historic overlay concept. The Historic Properties Map shall be deemed
an overlay on any zoning district now or hereafter enacted to regulate
the use of land in Schuylkill Township.
(1)
For any property shown on the Historic Properties Map, the requirements
and opportunities contained in this article shall:
(2)
Should the Historic Properties Map be altered or reduced in scope
as a result of legislative or administrative action or judicial decision,
the zoning requirements and other regulatory measures applicable to
the property in question shall be those of the underlying zoning district
without consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this article imposes more stringent
restrictions, the provisions of this article shall prevail.
D.
Timing requirements for issuance of permits and other approvals.
The applicable time periods for issuance of a building permit, demolition
permit, or sign permit, or for conducting a public hearing and reaching
a decision on a conditional use, special exception, or variance application,
may be altered from the otherwise stipulated time requirements of
this chapter in accordance with the following:
(1)
As authorized by Section 7210.502 of the Pa. Uniform Construction
Code,[1] the Zoning Officer shall not be required to issue a building
permit or demolition permit for any property on the Historic Properties
Map until all other applicable approvals required by this article
have been obtained and appropriate documentation presented.
[1]
Editor's Note: See 35 P.S. § 7210.502.
(2)
An applicant for conditional use approval from the Board of Supervisors
or for a special exception or variance from the Zoning Hearing Board
may, as part of the application submission or as part of the hearing
record, waive or extend the time periods for a hearing and/or decision
that are otherwise applicable under the terms of this chapter and
the Pennsylvania Municipalities Planning Code.
The Historic Properties Map shall be deemed an overlay on any
zoning district now or hereafter enacted to regulate the use of land
in Schuylkill Township.
A.
For any property shown on the Historic Properties Map, the requirements
and opportunities contained in this article shall:
B.
Should the Historic Properties Map be altered or reduced in scope
as a result of legislative or administrative action or judicial decision,
the zoning requirements and other regulatory measures applicable to
the property in question shall be those of the underlying zoning district
without consideration of this article.
C.
Preservation of other restrictions. It is not intended by this article
to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this article imposes more stringent
restrictions, the provisions of this article shall prevail.
D.
Classifications. The Historic Properties Map shall delineate two
classifications of historic properties in Schuylkill Township, Class
I and Class II.
(1)
A Class I property contains one or more of the following historic
resources:
(a)
A building, site, structure, or object listed individually in
the National Register of Historic Places or designated a contributing
resource within a National Register Historic District.
(b)
A building, site, structure, or object that has received a determination
of eligibility (DOE) for the National Register, as defined by this
article, or is located within a district that has received a determination
of eligibility (DOE) and is designated as a contributing resource
within that district.
(c)
Resources that are deemed by Chester County to meet substantially
the National Register criteria under the Chester County certification
program.
(2)
A Class II property contains one or more of the following historic
resources: buildings, sites, structures, and/or objects of significance
to Schuylkill Township, as determined and documented by the Schuylkill
Township Historical Commission. Such resources:
(a)
Do not presently qualify under the criteria for designation
as Class I;
(b)
Are included in the Schuylkill Township Historic Resources Survey;
and
(c)
Represent sufficient historic significance as to warrant, in
the judgment of the Historical Commission, the protections and incentives
offered by this article.
(3)
Districts. The Historic Properties Map shall contain the boundary
of any National Register Historic District and any historic district
that has received a determination of eligibility (DOE).
(4)
The Historic Properties Map and its index of listed resources are
contained in Appendix 1 of this article.[1]
[1]
Editor's Note: The Historic Properties Map is included at the end of this chapter.
(5)
The properties included on the Historic Properties Map were inventoried,
and their historic significance established, through the creation
and maintenance of the Schuylkill Township Historic Resources Survey.
E.
Revisions. The Historic Properties Map may be revised from time to
time by legislative action of the Board of Supervisors, which shall
follow the procedures established by this chapter for amendments to
this chapter, and the ordinance amendment requirements of Section
609 of the Pennsylvania Municipalities Planning Code (MPC).[2]
(1)
In considering any revision, including additions, deletions, or changes
of classification to the Historic Properties Map, the Board of Supervisors
shall request and receive a written recommendation from the Schuylkill
Township Historical Commission.
(2)
The owner(s) of any property(ies) which is/are the subject of any
such proposed action shall be given written notice of the Historical
Commission's recommendation to the Board of Supervisors at least 30
days prior to a public hearing at which the Board will consider such
action.
(3)
Property owner request.
(a)
At any time, the owner(s) of a property subject to the provisions
of this article, or potentially affected by its provisions, may submit
a petition to the Township requesting that such property be added
to or deleted from the Historic Properties Map, or that its classification
within the Historic Properties Map be changed.
(b)
The Township shall respond to such petition in accordance with the ordinance amendment provisions of Article XXVI of this chapter.
(c)
To enable the Historical Commission to properly review this
requested change, the property owner shall submit the following (unless
the Historical Commission determines that an item or items below do
not need to be submitted):
[1]
An informal plan of the property, showing existing site conditions
and structures and known or potential archaeological sites;
[2]
General description, classification, and significance (in terms
of the criteria used for listing a resource in the National Register
of Historic Places) of all historic resources located on the subject
property as shown on the site plan;
[3]
Black and white or color five-inch-by-seven-inch photographs to show every historic resource identified in Subsection E(3)(c)[2] above; and
[4]
Narrative description of the historical development of the property.
[2]
Editor's Note: See 53 P.S. § 10609.
F.
Jurisdiction. All Class I and Class II resources shown on the Historic
Properties Map shall be subject to the applicable terms of this article.
A.
The membership, powers, and duties of the Schuylkill Township Historical Commission shall be as set forth in Chapter 27, Historical Commission, of the Code of the Township of Schuylkill.
B.
The roles and functions of the Historical Commission with respect
to historic resource protection under the provisions of this chapter
shall be as stated in this article.
A.
No Class I or Class II historic resource may be demolished unless
approved as a conditional use by the Board of Supervisors in accordance
with the procedures and requirements of this section, as applicable.
B.
The Board of Supervisors shall consider and act on any application for conditional use in accordance with the applicable procedures contained in Article XX of this chapter.
(1)
In addition to any other applicable requirements of this chapter
and other ordinances of the Township, an applicant seeking conditional
use approval to demolish an historic resource shall provide a written
report as part of the application. Such report shall contain, but
not be restricted to, the following (except where the Historical Commission,
upon a written request from the applicant, determines that an item
does not need to be included with the application):
(a)
Owner of record;
(b)
Classification of resource on the Historic Properties Map; if
more than one structure is located on the property, the specific structure
proposed for demolition;
(c)
General description and significance (in terms of the criteria
used for listing a resource in the National Register of Historic Places)
of the resource proposed for demolition;
(d)
Site plan showing all buildings and structures on the property;
(e)
Recent interior and exterior photographs of the structure proposed
for demolition, showing all major facades and notable interior features;
(f)
Reasons for the demolition;
(g)
A report from a structural engineer describing the structural
condition of the structure proposed to be demolished;
(h)
Proposed disposition of materials;
(i)
Time line for implementation of proposed use of the property
following demolition;
(j)
Ownership history and dates of ownership of the historic resource;
(k)
Assessed value of the land and improvements thereon;
(l)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other;
(m)
Documentation of all efforts to sell the historic property in
the preceding three years;
(n)
Purchase price.
(2)
In addition to the information required in Subsection B(1), the applicant is encouraged to submit a certified property appraisal.
(3)
Unless the Historical Commission determines, upon a written request
from the applicant, that an item required below does not need to be
included with the application, the applicant shall provide written
documentation of an analysis of the following factors which shows,
by a preponderance of the evidence, that:
(a)
The demolition of the historic resource in question will not
adversely affect the historic significance or architectural integrity
of neighboring historic properties or the historic character of the
neighborhood or community;
(b)
If the demolition will not result in the complete removal of
the historic resource, it will minimize adverse effects on the architectural
and structural integrity and the overall historic appearance of the
resulting structure.
(c)
It is not feasible to continue the current use;
(d)
Other uses permitted within the underlying zoning district,
whether permitted as of right, by special exception, or by conditional
use, have been denied or are not feasible due to constraints on the
historic resource proposed to be demolished;
(e)
Adaptive use opportunities do not exist due to constraints related
to the historic resource proposed to be demolished or the property
on which it is located;
(f)
The proposed new use of the property, including any new building
or structure, will not adversely affect the historic character or
architectural integrity of neighboring historic properties, the neighborhood,
or the community;
(g)
The permitted uses and adaptive use potential of the historic
resource proposed to be demolished do not provide a reasonable rate
of return based on a reasonable initial investment; and
(h)
The applicant has not contributed to the existing conditions,
either through neglect or prior renovation, conversion, alteration,
or similar physical action.
C.
Application review procedure.
(1)
Upon receipt of an application for conditional use approval for demolition,
the Zoning Officer shall review said application pursuant to the requirements
of this section to determine whether it is complete.
(2)
Within five days of receipt of a complete application, the Zoning
Officer shall forward the application, together with documents and
specifications filed by the applicant, to the Historical Commission
for its review and comment.
(3)
The Zoning Officer shall, as necessary, require applicants to submit
a sufficient number of additional copies of materials required to
be attached to a completed conditional use application for demolition.
D.
Historical Commission review of applications. The completed conditional
use application for demolition under the terms of this article must
be received by the Historical Commission at least five days before
the Commission considers such at its next regularly scheduled meeting.
E.
Notification to applicant of Historical Commission review. Upon forwarding
the completed application to the Historical Commission for its review
and recommendation, the Zoning Officer shall mail a written notice
to the applicant, stating the time and place of the Historical Commission's
meeting at which the conditional use application for demolition will
be considered.
F.
Criteria for deliberation.
(1)
In determining the recommendations to be presented to the Board of
Supervisors concerning the conditional use application for demolition
of any Class I or Class II historic resource, the Historical Commission
shall:
(a)
Consider the historical, architectural, or archaeological significance
of the historic resource to the Township, county, state, or nation.
(b)
Weigh all relevant factors in favor of or against the demolition
pursuant to and congruent with the objectives of this article.
(c)
Take into account:
[1]
The effect of demolition on the historical and architectural
significance and architectural integrity of neighboring historic resources.
[2]
The economic feasibility of adaptively reusing the resource
proposed for demolition.
[3]
Alternatives to demolition of the resource.
[4]
Potential public safety issues posed by the current condition
of the resource.
(d)
Consider such other factors as the Commission may deem appropriate
and necessary in reaching its decision.
(2)
In the course of its deliberation, the Historical Commission may
request additional information from the applicant or others where
such information is deemed necessary by the Commission in reaching
its decision.
G.
Time frame for Historical Commission recommendation. Following the
Historical Commission's vote to recommend approval or denial of any
application for demolition of an historic resource, the Commission
shall forward a written recommendation report to the Board of Supervisors
and to the Zoning Officer not less than 10 days before the date of
the public conditional use hearing at which the application will be
considered by the Board of Supervisors.
H.
Recommended disapproval of application by the Historical Commission.
If the Historical Commission advises against the granting of conditional
use approval for demolition, it may, as it deems appropriate, indicate
to the Board of Supervisors and the applicant an alternative(s) to
the proposed demolition which would protect:
I.
Contents of written report.
(1)
The written report to the Board of Supervisors concerning the Historical
Commission's recommendations on the conditional use application for
demolition shall set out findings of fact, which shall include but
need not be limited to the following matters:
(a)
The exact location of the historic resource that is proposed
for demolition.
(b)
A list of other historic resources on the property and within
300 feet of any boundary of the subject property.
(c)
The anticipated effect of the proposed demolition upon the general
historic, archaeological, and architectural character, including the
cultural landscape, of Schuylkill Township.
(d)
Recommendations by the Historical Commission as to the Board
of Supervisors' decision on the conditional use application for demolition.
(2)
A member of the Historical Commission shall appear on behalf of the
Township at the hearing to present the report.
J.
Notification to applicant. The Zoning Officer shall provide the applicant
a copy of the written report from the Historical Commission, as provided
for in this section.
K.
Decision by the Board of Supervisors. The Board of Supervisors shall conduct a public hearing on the application for conditional use approval in accordance with the applicable terms of Article XX of this chapter. The Board shall give consideration to the recommendations of the Historical Commission and the Township Planning Commission in reaching its decision. The decision shall be communicated to the applicant in accordance with the terms of Article XXIV of this chapter. Where the application is approved, including the imposition of reasonable conditions as deemed necessary by the Board, the Zoning Officer shall be authorized to issue a demolition permit consistent with the terms of the decision.
L.
Required restoration of unauthorized demolition.
(1)
In the event the Board of Supervisors authorizes the commencement of an action pursuant to § 370-64B of this article, the Zoning Officer shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource altered or demolished in violation of this article or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
(2)
Except as provided in Subsection L(1) above, the Zoning Officer shall not issue any building permit for a minimum of one year for a property which, at the date of enactment of this article, was occupied by a Class I or Class II historic resource which subsequently was demolished in violation of the terms of this article.
A.
The owner or any other person or persons who may have possession,
legal custody, or control of any building or structure designated
as a Class I or Class II historic resource shall not permit such building
or structure to fall into a state of disrepair which may result in
the deterioration of any facade or exterior appurtenance or architectural
feature so as to produce or tend to produce, in the opinion of the
Zoning Officer or his/her designate, a detrimental effect on the historic
character of the resource.
B.
The Zoning Officer shall notify the Historical Commission of any
instance where, in his/her opinion, demolition by neglect has occurred
or may be occurring. In determining whether a Class I or Class II
historic resource is undergoing demolition by neglect, the Zoning
Officer may consult with the Historical Commission, as he/she deems
necessary, on the condition of the resource and the essential components
of its historic character.
C.
Where the Historical Commission believes a Class I or Class II historic
resource is undergoing demolition by neglect, it may so indicate to
the Township Manager and request that the Zoning Officer be authorized
to investigate the property and the degree to which demolition by
neglect is occurring. In such instance, the Zoning Officer shall report
his/her findings to the Historical Commission and, where the Zoning
Officer has determined that demolition by neglect is occurring, he/she
shall proceed in accordance with the terms of this section.
D.
Any building or structure designated as a Class I or Class II historic
resource shall be preserved against decay and deterioration by being
kept substantially free from the following structural defects by the
owner and any other person or persons who may have possession, legal
custody, or control of such building or structure:
(1)
Deteriorated or inadequate foundation which jeopardizes its structural
integrity.
(2)
Defective or deteriorated floor supports or any structural members
of insufficient size to carry imposed loads with safety, thereby jeopardizing
its structural integrity.
(3)
Members of walls, partitions, or other vertical supports that split,
lean, list, or buckle due to defective material or deterioration which
jeopardizes its structural integrity.
(4)
Structural members of ceilings and roofs, or other horizontal structural
members that sag, split, or buckle due to defective materials or deterioration
or are of insufficient size to carry imposed loads with safety, thereby
jeopardizing its structural integrity.
(5)
Exterior chimneys that list, bulge, or settle due to defective material
or deterioration or are of insufficient size or strength to carry
imposed loads with safety, thereby jeopardizing its structural integrity.
(6)
Lack of weather protection, including in particular a lack of effective
waterproofing, that jeopardizes the structural integrity of the walls,
roofs, or foundation.
(7)
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.
E.
Demolition by neglect shall constitute a violation of this chapter.
The Zoning Officer shall have the power to institute any proceedings
at law or in equity, as provided under the terms of this chapter,
necessary for the enforcement of this section, including all remedies
set forth in the Pennsylvania Municipalities Planning Code.
A.
An historic resource impact study shall be required as part of an
application for certain activities or procedures, as specified herein,
authorized under the terms of this article that have the potential
to adversely affect any Class I or Class II historic resource. Such
activities shall include the following:
(1)
Where the subject property contains a Class I historic resource,
any application, the approval of which would result in the construction
of a new principal or accessory structure, and where such approval
is required in the form of a:
(2)
Where a property containing a Class II historic resource is the subject
of a proposal for construction of a new principal structure, or a
Class I or Class II historic resource is located within 300 feet of
the proposed location of a new principal structure, and approval of
the proposed new structure is required in the form of a:
(3)
This requirement shall not apply where an historic resource impact
study has been prepared for the property that is proposed to contain
the new construction, and has addressed all historic resources potentially
affected by this proposal, within the preceding five years.
B.
Upon receiving an application for a procedure or permit described in Subsection A above, and prior to the preparation and submission of an historic resources impact study, the Zoning Officer shall notify the Historical Commission of the application. The Historical Commission may then conduct a site visit with the applicant to identify the location of the prospective new construction in relation to the Class I or Class II historic resource, the extent of potential negative impacts, possible alterations or modifications to the proposal, and any modification to the requirements of this section that may be appropriate.
C.
Where required, the historic resource impact study shall be prepared
and submitted by the applicant in accordance with the terms of this
section and shall be reviewed by the Historical Commission. Where
the Historical Commission requires consultation from a professional
with expertise in historic preservation, the cost of the consultant
shall be paid by the applicant.
D.
The historic resource impact study shall contain the following information
unless the Historical Commission determines that the study, or certain
elements thereof, are not pertinent to the application under review,
in which case the applicant shall not be required to submit the study
or those specific sections:
(1)
Contextual information.
(a)
If not otherwise provided by the applicant, a plan showing existing
site conditions, including structures, topography, watercourses, vegetation,
historic landscape features (e.g., walls, ruins), landscaping, existing
drives, and known or potential archaeological sites.
(b)
General description, classification, and significance (in terms
of the criteria used for listing a resource in the National Register
of Historic Places) of all historic resources located on the subject
property as shown on the site plan, or historic resources located
within 300 feet of any portion of the subject property.
(c)
Black and white or color five-inch-by-seven-inch photographs to show every historic resource identified in Subsection D(1)(b) above.
(d)
Narrative description of the historical development of the subject
tract.
(e)
Where deemed applicable and appropriate by the Historical Commission,
an archaeological assessment in accordance with the following:
[1]
Any use permitted under the terms of this article that involves
lands identified by the Pennsylvania Historical and Museum Commission
(PHMC) as containing a known or possible site of archaeological significance,
and which may involve disturbance to possible locations of archaeological
resources, shall require the preparation of a statement by an archaeologist,
with qualifications deemed acceptable by the Township, which includes
the following information:
[a]
A Phase 1 survey of archaeological resources conducted
on the site and its findings as required by the PHMC. The survey shall
be conducted only after notification of the PHMC and undertaken in
a manner specifically prescribed by the PHMC.
[b]
If construction shall occur on the site, the applicant
shall provide a description of the methods that shall be used to prevent
the disturbance of archaeologically significant areas during and following
construction, to prevent grading of archaeologically significant areas,
and a discussion of any provisions used to orient activities away
from archaeologically significant areas.
[c]
A plan for the ultimate disposition of any archaeologically
significant artifacts to be found on the site.
[2]
The archaeological assessment shall be submitted to the Zoning
Officer, who shall review the statement and determine, within 10 days
of submission, whether all information required by this section has
been submitted. A complete archaeological assessment shall then be
provided to the Historical Commission for its review. The recommendation
of the Historical Commission may then be provided to the Board of
Supervisors, Zoning Officer, or Zoning Hearing Board, as applicable.
(2)
(3)
Mitigation measures. Recommendations shall be made for mitigating
the project's impact on identified Class I or Class II historic resources,
including design alternatives; moving the historic resource; reconstruction
of the historic resource; Historic American Buildings Survey (HABS),
Historic American Engineering Record (HAER), or Pennsylvania State
Recordation requirements; buffering, landscaping, or conservation
of existing vegetation; and any other appropriate measures permitted
under the terms of this chapter.
E.
The Historical Commission shall review the historic resource impact
study and shall provide a written report, including findings, conclusions,
and any recommended modification to the proposed activity that it
deems appropriate, to the Zoning Hearing Board, Board of Supervisors,
or Zoning Officer, as applicable. Where the proposed activity requires
special exception or conditional use approval, a member of the Historical
Commission shall appear on behalf of the Township at the hearing to
present the report.
A.
In addition to the uses permitted by the underlying zoning district, properties designated as Class I or Class II historic resources are eligible for certain additional uses, in accordance with the terms of this section and all other applicable provisions of this chapter. Such additional uses are permitted only when approved as a conditional use by the Board of Supervisors in accordance with the terms of this section and the provisions of Article XX of this chapter, and only where the Board of Supervisors determines that the Class I or Class II historic structure in which the additional use is proposed will be appropriately preserved and all other applicable terms of this section will be met.
B.
Notwithstanding the terms applicable to each base zoning district
in this chapter, any Class I or Class II historic property that is
eligible for the additional use opportunities under the terms of this
section shall be limited to one principal use per structure, but may
contain more than one principal use on the property.
C.
Where a Class B home occupation is permitted under the terms of this
section, it shall be considered an accessory use which may be located
on a property with a principal residential use.
E.
Conditional use criteria. In hearing all requests for conditional
use approval under the provisions of this article, the Board of Supervisors
shall review each of the following criteria as they apply to the application.
In approving any conditional use application, the Board may attach
such reasonable conditions, in addition to those expressed in this
article and in this chapter, as it may deem necessary to implement
the purposes of the Pennsylvania Municipalities Planning Code and
this chapter.
(1)
The applicant shall submit an historic resource impact study in accordance with the terms of § 370-57.
(2)
All additions, enlargements, rehabilitations, and alterations shall be in substantial compliance with the standards contained in § 370-61 of this article.
(3)
The proposed additional use shall not substantially alter the exterior
character of the structure.
(4)
The proposed additional use shall not alter, or represent the potential
for deleterious impact on, the character of the neighborhood. In any
grant of conditional use approval, the Board must be satisfied that
the proposed additional use will not create significant negative off-site
impacts resulting from parking, traffic volume or flow, signage, lighting,
or impervious surface.
(5)
The proposed use or activity shall be consistent with the purposes
of this chapter and this article.
(6)
The proposed use shall not injure or detract from the use or enjoyment
of adjoining or nearby properties.
(7)
Adequate utilities must be available to serve the proposed use. When
public utilities are available, they shall be utilized.
(8)
Where necessary to provide for the efficient use or reuse of a structure, the applicant may request a special exception for the modification of applicable area and bulk regulations, as provided in § 370-59 of this article.
(9)
The Board, at its sole discretion, shall evaluate whether the proposed
additional use represents an effective means of protecting the integrity
of the Class I or Class II historic resource in which the use will
be located.
A.
Zoning Hearing Board. The Zoning Hearing Board, through the grant of a special exception, may approve requested modifications to the otherwise applicable lot size, lot dimension, or setback and yard requirements for plans affecting a Class I or Class II historic resource, in accordance with the standards for the review of special exceptions set forth in § 370-208 and provided the following additional criteria are met:
B.
Schuylkill Township Historical Commission. The Historical Commission
shall review the request for special exception for the purpose of
determining whether, in its judgment, the proposed modifications are
necessary to the preservation of the Class I or Class II resource.
The findings and conclusions of the Historical Commission shall be
submitted in the form of a written report for consideration by the
Zoning Hearing Board as it deems appropriate. The report shall indicate
whether the Historical Commission believes specific changes in the
plans would bring them into substantial compliance with the standards.
A member of the Historical Commission shall appear on behalf of the
Township at the hearing to present the report.
A.
Building permit. Except as provided in Subsection F below, no building permit for the rehabilitation or alteration of the exterior of a Class I or Class II historic resource shall be issued by the Zoning Officer prior to review and comment on the application by the Schuylkill Township Historical Commission in accordance with the terms of this section.
B.
Zoning Officer. The Zoning Officer shall provide the Historical Commission
with a copy of the application, together with any plans or diagrams
required by this chapter, within five days of receipt of a complete
application.
C.
Schuylkill Township Historical Commission. The completed building permit application must be received by the Historical Commission at least five days before the Commission considers such at its next regularly scheduled meeting or a special meeting. The Historical Commission or a subcommittee thereof shall review the plans for substantial compliance with the standards contained in § 370-61 below and prepare a written report to the Zoning Officer, with a copy to be sent to the applicant. Where the plans are not in compliance with the standards in § 370-61, the report shall make suggestions as to what specific changes in the plans would bring them into substantial compliance.
D.
Issuance of building permit. Upon receipt of a written report from the Historical Commission indicating that the plans are in substantial compliance with § 370-61, and provided that the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the building permit.
E.
Report of detrimental effect. If the Historical Commission's report indicates that the plans are not in substantial compliance with the standards in § 370-61, the Zoning Officer shall consider the report and recommendations of the Historical Commission in acting on the building permit application. The Zoning Officer shall, at his/her discretion, approve or deny the application for the building permit or not issue the building permit until the plans have been revised by the applicant in accordance with the Commission's recommendations.
F.
Exceptions.
(1)
Emergency repairs. In cases of emergency, such as storm or fire damage,
the Zoning Officer may approve a building permit for temporary measures
to stabilize or secure a Class I or Class II historic resource without
following the procedures required by this section. To qualify for
this exception, the applicant must demonstrate that the work will
be reversible (i.e., can be removed without altering or damaging the
resource) and will not further damage the resource. As applied to
this section, "temporary" means not more than one year from the start
of construction. The Zoning Officer may approve one request for an
extension of the one-year time period, for a maximum of six months.
(2)
In-kind alterations. In cases where the applicant can document that a proposed rehabilitation or alteration is in kind, the Zoning Officer may approve a building permit for such work on a Class I or Class II historic resource without following the procedures required by this section. An in kind rehabilitation or alteration shall be work that the Zoning Officer can interpret as similar, if not identical, to the historic design and fabric of the structure at the time of the application, such as the replacement of a wood shingled roof with a new wood shingled roof. The Zoning Officer also shall weigh any proposed in-kind alteration against the criteria contained in § 370-61A(6) of this article, and shall consult with the Historical Commission in evaluating the proposed in-kind alteration as he/she sees fit.
A.
Standards for rehabilitation. Any proposed rehabilitation or alteration of the exterior of a Class I or Class II historic resource under § 370-60 should be in substantial compliance with the Secretary of the Interior's currently adopted Standards for Rehabilitation, as revised. At the time of enactment of this article, those standards were as follows:
(1)
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided whenever possible.
(3)
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier or later appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historical, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archaeological
resources affected by, or adjacent to, any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural, or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood, or environment.
(10)
Wherever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
B.
Plan consistency. Determination of the consistency of the plan with
these standards shall be made by written report of the Schuylkill
Township Historical Commission, using the Secretary's Guidelines for
Rehabilitating Historic Buildings, as revised, to apply the standards
to each project.
A.
Landscaping.
(1)
When a Class I or Class II historic resource is located within a tract proposed for subdivision or land development, a landscape plan for the grounds surrounding the historic resource may be required by the Board of Supervisors as a means of mitigation, when the need for such is identified as part of an historic resource impact study required by Chapter 320, Subdivision and Land Development.
(2)
The plan shall be prepared by a registered landscape architect, or
by a nurseryman or other individual deemed qualified by the Board
of Supervisors. The plan shall show all pertinent information, including
the location, size, and species of all individual trees and shrubs
to be removed, planted, or preserved.
(3)
Through screening, buffering, and selection of plant material, the
plan shall minimize the impact of the proposed development on the
Class I or Class II historic resource and protect its integrity of
setting and any significant vegetation. The landscape plan shall be
reviewed by the Schuylkill Township Historical Commission as part
of its review of the historic resource impact study.
B.
Buffering.
(1)
When any subdivision or any land development is proposed on a property, any boundary of which is within 300 feet of an exterior wall of a Class I or Class II historic resource, a plan depicting how the historic resource will be buffered against the deleterious impacts of the proposed development may be required by the Board of Supervisors as a means of mitigation, when the need for such is identified as part of an historic resource impact study required by Chapter 320, Subdivision and Land Development.
(2)
Buffering may include, but need not be limited to, vegetative screening
and fencing, the appropriateness and effectiveness of which shall
be evaluated by the Schuylkill Township Historical Commission as part
of its review of the historic resource impact study.
A.
Permits. No permit for a sign to be located on or within 150 feet of the exterior walls of a Class I historic resource shall be issued by the Zoning Officer prior to the review of and comment on the application by the Schuylkill Township Historical Commission, in accordance with the terms of this section. The requirements of this section shall apply to any permanent sign that is subject to the regulations of Article XXI of this chapter, including, but not limited to, wall signs, window signs, and ground signs.
B.
Zoning Officer. The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by § 370-179 of this chapter, within five days of receipt of a complete application.
C.
Schuylkill Township Historical Commission. The completed sign permit
application must be received by the Historical Commission at least
five days before the Commission considers such at its next regularly
scheduled meeting or a special meeting. The Historical Commission
or a subcommittee thereof shall review the plans and prepare a written
report to the Zoning Officer, with a copy to be sent to the applicant,
indicating whether the plans will have any detrimental effect on the
architectural integrity or public enjoyment of a Class I historic
resource. The report shall indicate what specific changes in the plans
can be made to mitigate detrimental effects.
D.
Issuance of permit. Upon receiving a report of no detrimental effect
from the Historical Commission, and providing the plans satisfy all
other requirements of the Township, the Zoning Officer shall issue
the permit.
E.
Report of detrimental effect. If the Historical Commission's report
indicates that the proposed sign will have a detrimental effect on
a Class I historic resource, the Zoning Officer shall consider the
report and recommendations of the Historical Commission in acting
on the permit application. The Zoning Officer shall, at his/her discretion,
approve or deny the application for the sign permit or not issue the
permit until the plans have been revised by the applicant in accordance
with the Commission's recommendations.
A.
The unlawful demolition, rehabilitation, or alteration of a historic
resource, or any new construction on or within the regulated proximity
to a property containing a historic resource, in violation of the
provisions of this article or other applicable provisions of this
chapter or the order or direction made pursuant thereto, shall constitute
a violation of this chapter. In any such instance, the enforcement
and penalty provisions of this chapter shall be instituted.
B.
In the event any person demolishes, rehabilitates, or alters a Class
I or Class II historic resource in violation of the provisions of
this article or in violation of any conditions or requirements specified
in a permit or decision issued under the terms of this article, the
Board of Supervisors or Zoning Officer may institute any proceeding,
at law or in equity, necessary to enforce the provisions of this article,
which may include, but need not be limited to, requesting that the
court compel the reconstruction and/or restoration of the historic
resource to its condition and appearance as existed immediately prior
to the violation. Such restoration shall be in addition to, and not
in lieu of, any penalty or remedy available under this chapter or
any other applicable law or regulation.
C.
The Zoning Hearing Board may, as a condition of approval of any special
exception, and the Board of Supervisors may, as a condition of approval
of any conditional use application or subdivision or land development
application involving any property which, at the date of enactment
of this article, was occupied by a Class I or Class II historic resource(s)
that subsequently was demolished, rehabilitated, or altered in violation
of this article, impose a condition requiring the satisfactory reconstruction
or restoration of any such historic resource(s).
D.
An applicant for an amateur radio antenna support structure which
is proposed to be located within 1/2 mile of an historic resource
and to exceed the maximum building height of the underlying zoning
district shall obtain a recommendation from the Historical Commission
and conditional use approval from the Board of Supervisors. The Historical
Commission and the Board of Supervisors shall be guided in their consideration
of the impact of such structure on the historic resources consistent
with the identification, evaluation and assessment of effects on historic
properties as set forth in Section VI of the Nationwide Programmatic
Agreement, regarding the Section 106 National Historic Preservation
Act Review Process, 47 CFR Part 1, App. C (September, 2004).[1]
[Added 11-1-2017 by Ord.
No. 2017-13]
[1]
Editor's Note: Schuylkill Township has numerous historic resources
which could be compromised by ill-conceived placement of antenna support
structures. This modification ensures that any adverse impact on historic
resources will be considered both by the Schuylkill Township Historical
Commission and then by the Board of Supervisors in the context of
a public hearing for conditional use. The methodology applicable to
commercial cell towers provides a convenient reference to the Commission
and Supervisors in the analysis of impact.
