Borough of Muncy, PA Article VII Supplementary Historic Preservation Regulations

§ 286-67 General purposes.

The purpose of these provisions is to:

A. Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and cultural resources;

B. Establish a clear process by which proposed changes affecting historic properties are reviewed;

C. Mitigate the negative effects of proposed changes affecting historic properties;

D. Encourage the continued use of historic properties and facilitate their appropriate rehabilitation and adaptive reuse;

E. Encourage the preservation of historic settings and landscapes;

F. Discourage the demolition of historic resources;

G. Utilize historic preservation as a tool for economic revitalization, to promote the general welfare, education and culture of the Borough; and

H. Implement the following sections of the Pennsylvania Municipalities Planning Code:

(1) Section 603(g)(2),[1] which states that "zoning ordinances shall provide for protection of natural and historic features and resources";

[1] Editor's Note: See 53 P.S. § 10603(g)(2).

(2) Section 604(1),[2] which states that "the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following . . . preservation of the natural, scenic and historic values in the environment, . . ."; and

[2] Editor's Note: See 53 P.S. § 10604(1).

(3) Section 605(2)(vi),[3] whereby uses and structures at or near places of unique historical, architectural or patriotic interest or value may be regulated.

[3] Editor's Note: See 53 P.S. § 10605(2)(vi).

§ 286-68 Applicability.

A. Boundaries of the Historic Preservation District. The Historic Preservation District shall be all those portions of Muncy Borough which are included within the designated Historic Area approved as part of the community's inclusion in the National Register of Historic Places on July 3, 1980. For the purposes of this chapter, the Historic Preservation District shall be an overlay to the existing underlying districts as shown on the Borough's Official Zoning Map.[1] As such, the provisions of this district shall serve as a supplement to the underlying district provisions. Where there happens to be any conflict between the provisions of the Historic Preservation District and those of any underlying district, the more restrictive provisions shall apply.

[1] Editor's Note: The Zoning Map is on file in the Borough offices.

B. Covenants and easements. It is not the intent of these regulations to repeal, abrogate or impair any existing covenants, easements or deed restrictions which may have been in place prior to March 4, 2003, the date of enactment of Ordinance No. 472, the Borough's original Historic Preservation District provisions.[2]

[2] Editor's Note: Such ordinance was superseded by the Zoning Ordinance adopted 6-2-2009.

C. Historic Commission. The provisions set forth in this article shall be administered by the Muncy Borough Historic Commission. The Historic Commission review process shall be as set forth in § 286-73C, below.

§ 286-69 Identification of historic resources.

A. Identification.

(1) Buildings. All buildings located within the identified Historic Preservation District shall be identified as historic resources based on their potential contribution to the overall character and integrity of the district. All such resources shall therefore be subject to the provisions of this article.

(2) Other historic resources. Other historic resources, including unimproved lots or land areas, cemeteries and similar features situated within the boundaries of the Historic Preservation District may also provide a significant contribution to the integrity of an historic neighborhood. As such, proposed alterations of these resources shall be subject to the provisions of this article.

B. Compliance. Change to any building located in an Historic Preservation District, or other designated historic resource, shall occur only when in compliance with the terms of this article and other applicable regulations.

C. Revisions. The specific identification of historic resources located within the Historic Preservation District may be revised by Borough Council from time to time in accordance with the procedure set forth in Article XIII of this chapter governing amendments to the Zoning Ordinance. All proposed revisions shall be submitted to the Borough Historic Commission and Borough Planning Commission for review and comment prior to consideration by Borough Council.

§ 286-70 Alterations, additions, reconstruction and rehabilitation.

A. General requirements. Zoning permits for alterations, additions, reconstruction or rehabilitation, visible from a public street, alley, public way or public property to any principal structure or any accessory structure enclosing more than 200 square feet of gross floor area located in the Historic Preservation District shall not be issued by the Zoning Officer prior to review and recommendations by the Borough Historic Commission, except as may be provided otherwise in § 286-73 of this chapter.

(1) The definition of terms used in this article and not specifically defined in this document shall be the definition contained in the International Building Code or its successor.

(2) No permit shall be required for repairs or maintenance of any building, structure or grounds, provided such repairs do not change the use or otherwise violate the provisions of this section.

B. Historic preservation guidelines. Any proposed alteration, addition, reconstruction or rehabilitation of any principal structure or any accessory structure enclosing more than 200 square feet of gross floor area located in the Historic Preservation District shall be in substantial compliance with the most recent version of the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings published by the U.S. Department of the Interior, National Park Service. The Historic Commission shall utilize the following standards as guidelines in evaluating requests for modifications to existing buildings in the Historic Preservation District:

(1) A property shall be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

(2) The historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property shall be avoided.

(3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, shall not be undertaken.

(4) Changes to a properties that have acquired historic significance in their own right shall be retained and preserved.

(5) Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

(6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of the deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and, where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence.

(7) Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means possible. Treatments that cause damage to historic materials shall not be used.

(8) Archaeologic resources shall be protected and preserved in place. If such resources must be disturbed, mitigation measures shall be undertaken.

(9) New additions, exterior alterations, or related new construction shall not destroy historic materials, features and spatial relationships that characterize the property. The new work shall be differentiated from the old and shall be compatible with the historic features, size, scale and proportion, and massing to protect the integrity of the property and its environment. (See also § 286-72 below for additional guidelines for new construction.)

(10) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired.

C. Application procedures. Applications for any proposed alteration, addition, reconstruction or rehabilitation shall comply with the provisions of this section. The completed application shall be submitted to the Borough Zoning Officer and shall include the following information:

(1) A written description of the proposed alteration, addition, reconstruction or rehabilitation; and, where applicable;

(2) A site plan at a scale designated by the Zoning Officer;

(3) A schematic architectural drawing(s) for proposed new construction or building additions, showing exterior elevations from all visible sides; and

(4) A materials list and arrangements proposed for disposition of existing materials.

§ 286-71 Demolition of buildings on Historic District properties.

A. General requirements.

(1) No principal structure nor any accessory structure enclosing more than 200 square feet of gross floor area located in the Historic Preservation District shall be demolished, removed or otherwise relocated without a zoning permit. Demolition, removal or relocation of such a structure shall be regulated as a special exception, thereby requiring approval of the Borough Zoning Hearing Board.

(2) No zoning permit authorizing demolition, removal or relocation shall be issued prior to the recording of an approved subdivision or land development plan for the property where the demolition, removal or relocation is proposed, where such is applicable, nor prior to the issuance of any necessary demolition approvals.

(3) Emergency demolition approval in unique cases of immediate threats to public health and safety may be issued only in accordance with the procedures set forth in Chapter 111, Buildings, Demolition of.

B. Application procedures and content. An applicant for a special exception to demolish, remove or relocate a building in the Historic Preservation District shall submit the required application and application fee to the Borough Zoning Officer, who shall forward a copy to the Historic Commission for its review and comment. Following review by the Historic Commission, the Zoning Officer shall forward the application to the Borough Zoning Hearing Board for their consideration and action. The following data and documentation shall also be included with any application proposing to demolish, remove or relocate a building in the Historic Preservation District:

(1) A report from a structural engineer describing the structural condition of the building proposed to be demolished, removed or relocated;

(2) Documentation of all efforts to sell the property;

(3) Recent interior and exterior photographs of the building proposed for demolition, removal or relocation, acceptable to the Pennsylvania Historic and Museum Commission;

(4) Proposed arrangements for disposition of materials;

(5) A time line for implementation of proposed use of the property;

(6) The assessed value of the land and improvements thereon; and

(7) Proof of record ownership.

C. Additional required documentation. An applicant proposing to demolish, remove or relocate a building in the Historic Preservation District shall also provide credible evidence that:

(1) The demolition, removal or relocation of the building in question will not adversely affect the historic significance or architectural integrity of neighboring historic buildings or the historic character of the community.

(2) There is no feasibility to continue the current use, or adaptive reuse permitted by the underlying zoning district;

(3) 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 proposed to be demolished, removed or relocated from the property;

(4) Adaptive use opportunities do not exist due to constraints related to the building proposed to be demolished, removed or relocated or the lot on which it is to be located;

(5) The proposed new building, structure or use of the property will not adversely affect the historic character or architectural integrity of the neighboring historic properties, the neighborhood or the community; and

(6) That the applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.

§ 286-72 New construction.

A. General requirements. No zoning or building permit shall be issued for the construction of a new or replacement building or buildings on a vacant parcel located in the Historic Preservation District until such proposed construction has been reviewed by the Borough Historic Commission in accordance with the procedures set forth in § 286-73 below.

B. Design guidelines. New construction in the Historic Preservation District shall be considered appropriate if it is compatible with the scale and basic design elements of adjacent and surrounding buildings. The intent is not to require or encourage new buildings to look like old buildings, but to assure pleasing and harmonious relationships between old and new that will maintain and strengthen the architectural character of the Historic District. The following design guidelines shall be considered in the evaluation of the appropriateness of new construction:

(1) No new building shall exceed the height of the tallest adjacent building by more than 10%. Further, new buildings shall be constructed to a height within 10% of the average height of adjacent buildings.

(2) The relationship between the height and width of the front elevation of a new building shall be within 10% of the average proportions of adjacent buildings.

(3) The relationship of height to width of windows and doors of a building shall be within 10% of the proportions of windows and doors of adjacent buildings.

(4) The rhythm of solids to voids in the front facade of a building shall be similar to adjacent buildings.

(5) Basement sill lines and header and sill lines of a building shall follow the horizontal lines of adjacent buildings.

(6) Setbacks and side yards of new buildings shall be similar to those on adjacent parcels. Placement of sidewalks and projections of porches shall be similar to adjacent buildings.

(7) The shape, style and material of the roof of a new building shall be similar to the roofs of adjacent and surrounding buildings.

(8) Building materials shall be compatible with materials commonly used within the historic district.

(9) The use of specific architectural elements and details such as porches, dormers, cornices, brackets, balustrades and the like shall be used to strengthen the relationship of new construction to the existing architecture of the district. However, such detailing shall not be considered sufficient if the structure is not related to its surroundings in terms of massing, rhythm and proportions.

(10) The use of plant materials that are traditional in the district shall be encouraged. Similarly encouraged shall be the use of paving and fence materials that are traditional in the district.

§ 286-73 Administration.

A. General procedures. No zoning permit shall be issued for the erection, reconstruction, alteration, restoration, demolition or razing of any building within the Historic Preservation District except in accordance with all applicable requirements of this article. This section outlines the general process for considering and deciding upon proposed applications in the Historic Preservation District.

B. Administrative review. All provisions set forth in § 286-94 of this chapter regarding the issuance of zoning permits (including exemptions) shall apply to proposals for the erection, construction, reconstruction, alteration or restoration of a building, structure or land located in the Historic Preservation District.

C. Historic Commission review process. The following process shall be observed by the Historic Commission when reviewing applications for any proposed alteration, addition, reconstruction or rehabilitation of a building or for any new construction in the Historic Preservation District where such is deemed appropriate by the terms of this article.

(1) Completed applications must be received seven days before the next regularly scheduled meeting of the Historic Commission to be placed on the agenda for review at that meeting.

(2) At the time the completed application is submitted, the applicant will be notified of the expected date, time and place at which the Historic Commission will review the application. The applicant will be encouraged to attend to explain the application.

(3) When reviewing applications for modifications to existing buildings in the Historic Preservation District, the Historic Commission shall use the most current version of the Secretary of the Interior's Standards for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings as guidelines. (See § 286-70B above for a listing of said guidelines.) When reviewing applications for new construction, the Commission shall use the design guidelines set forth in § 286-72B, above. Any proposed work requiring a zoning permit shall be in substantial compliance with the applicable guidelines.

(4) Within five days of the meeting, the Historic Commission shall submit their written recommendations to the Zoning Officer to:

(a) Approve the permit;

(b) Deny the permit; or

(c) Approve the permit subject to specified changes and/or conditions to bring the proposed activity into compliance.

(5) The Historic Commission's recommendations shall be in writing and shall include findings of fact related to the specific proposal and shall set forth the reasons for the recommendation for approval, with or without conditions, or for denial.

(6) The Zoning Officer shall review the recommendations of the Historic Commission and shall take action upon the permit application in accordance with the provisions of this chapter and the Pennsylvania Municipalities Planning Code[1] and within the time limits set forth in this chapter.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 286-74 Modifications to area and bulk regulations.

The subdivision of an historic property shall be accomplished in such a manner that the resulting lot(s) are of adequate size and configuration to preserve the integrity of the setting of the resource.