[Ord. 1067, 1/18/2005, § 1]
1.
Upon receipt of an application for a certificate of appropriateness
and/or permit for work to be done in the district affecting the exterior
of a building or structure then existing or to be built in the district,
or zoning or sign matters pertaining to the district, the Permit Officer
shall act in accordance with the procedures being followed in that
office, except as those procedures are necessarily modified by the
following requirements:
A.
The Permit Officer shall determine whether the work proposed or other matter needs to be forwarded to HARB. If so, he shall forward copies of the completed application, together with copies of any plot plan, supporting documents, specifications and building plans filed by the applicant to HARB. Work solely constituting repairs (as defined in § 10A-104) shall not require review under the provisions of this chapter.
B.
The Permit Officer shall not issue a permit for any matter requiring
a certificate of appropriateness until the Council has approved the
certificate.
C.
The Permit Officer shall require applicants to submit the supporting
material to enable a thorough review under the provisions of this
chapter.
D.
The Permit Officer shall maintain in his office a record of all such
applications and final dispositions of the same.
[Ord. 1067, 1/18/2005, § 1]
A certificate of appropriateness shall be required for any erection, construction, reconstruction, exterior alteration, restoration, demolition or razing of a building then existing or to be built in the Historic District where such work will affect the exterior of the building, structure, or exterior sign which can be seen from a street or public way. The Permit Officer shall not issue a permit for any such work until the Council has issued a certificate of appropriateness. Work solely constituting repairs (as defined in § 10A-104) shall not require review under the provisions of this chapter.
[Ord. 1067, 1/18/2005, § 1]
Upon receipt of an application for a certificate of appropriateness,
HARB shall consider the application at its next regularly scheduled
meeting or special meeting.
[Ord. 1067, 1/18/2005, § 1]
In determining both oral and/or written recommendations to be
presented to the Council concerning the issuance of a certificate
of appropriateness, HARB shall consider the general design guidelines
set forth in §§ 1-10A-401 and 10A-402, and the specific
design guidelines approved and revised by Council from time to time.
[Ord. 1067, 1/18/2005, § 1]
At least 10 days before the HARB meeting, the applicant for
a certificate of appropriateness shall be advised of the time and
place of said meeting and the necessity to attend and present the
request.
[Ord. 1067, 1/18/2005, § 1]
HARB shall render a recommendation on an application no later
than 45 days after the meeting at which the request was considered
and shall submit to the Council, within 10 days of reaching such recommendation,
its written report concerning the issuance of a certificate of appropriateness.
[Ord. 1067, 1/18/2005, § 1]
If the HARB recommends against the granting of a certificate
of appropriateness, it shall so indicate to the applicant. The disapproval
shall indicate to the applicant the changes in plans and specifications,
if any, which would protect both the distinctive historical character
of the Historic District and the architectural integrity of the building
or structure. The HARB shall withhold its report for 10 days to allow
the applicant to decide whether or not to make the suggested changes
in his plans and specifications. If the applicant determines that
he will make the necessary changes, he shall so advise the HARB, which
shall in turn advise the Council accordingly. The written report to
Council shall set out the findings of fact, including, but not be
limited to, 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 character of the
building or structure to be erected.
C.
A list of the surrounding buildings or structures with their general
exterior characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the district and the neighborhood.
E.
The appropriateness of exterior architectural features of the building
or structure which can be seen from the street.
F.
The general design, arrangement, texture, and material of the building
or the structure and the relation of such factors to similar features
of building or structures in the district and the neighborhood.
G.
The opinion of HARB (including any dissent) as to the appropriateness
of the work or project proposed as it will preserve or destroy the
historic character and nature of the district or the neighborhood.
H.
The specific recommendations, including proposed waivers, of HARB
based on findings of fact.
I.
The extent to which the application complies to the general and specific
design guidelines.
[Ord. 1067, 1/18/2005, § 1]
Upon receipt of the written report from HARB, the Council shall
consider the application at its next regularly scheduled meeting.
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 be heard at this meeting and
the Council shall render a decision within 90 days of the meeting
at which the application was considered.
[Ord. 1067, 1/18/2005, § 1]
2.
If the Council approves the application, it shall issue a certificate
of appropriateness authorizing the Permit Officer to issue a permit
for the work covered.
3.
If the Council disapproves, it shall do so in writing, and copies
shall be given to the applicant, the Permit Officer and the Pennsylvania
Historical and Museum Commission.
4.
The disapproval shall indicate what changes in the plans and specifications
would meet the conditions for protecting:
5.
The Council shall not consider any matter not pertinent to the historical
aspect and nature of the district and the neighborhood.
6.
Upon receipt of a written disapproval of the Council, the Permit
Officer shall disapprove the application for a permit and so advise
the applicant.
7.
The applicant should be notified in person or in writing at his last
known address not later than 10 days after the Council renders a decision.
8.
The applicant may appeal this disapproval to the Court of Common
Pleas in the same manner and within the time specified by law.
[Ord. 1067, 1/18/2005, § 1]
1.
When an applicant presents a claim of unreasonable economic hardship,
the applicant shall prove the requisite hardship under applicable
law and, in addition to all other relevant matters, shall submit with
his application an affidavit which includes the following:
A.
A statement setting forth the reasons why compliance with this chapter
would prevent him from obtaining a reasonable return or a reasonable
beneficial use of the property.
B.
The date the property was acquired.
C.
The price paid for the property (if acquired by purchase) and a description
of the relationship, if any, between the buyer and the seller of the
property.
D.
The current market value of the property.
E.
All appraisals obtained within the previous two years by the owner,
applicant or others or a statement that none were obtained.
F.
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
G.
Estimates of the cost of the proposed erection, reconstruction, alteration,
restoration, repairs or demolition and estimates of any additional
costs that would be incurred to comply with the recommendations of
the HARB.
H.
Any and all other information requested by the HARB or the Council.
I.
Any other information deemed relevant by the applicant.
2.
The HARB may choose to recommend to Council that special economic
incentives be developed to assist the applicant in maintaining it
and obtaining a suitable economic return or achieving a reasonable
beneficial use.
3.
With the consent of the applicant, the HARB may seek the assistance
of appropriate local, statewide or national preservation organizations
and funding sources in developing solutions that would relieve the
owner's economic hardship. In such event, the HARB may extend
the time for issuing its recommendation to Council for a period of
90 days or for such longer period as agreed to by the applicant.
In the event that a building has been rendered unfit for habitation
because of fire, explosion or other similar causes, the provisions
of this chapter may be waived by the Permit Officer to the extent
that the applicant can be issued a permit at once to proceed to render
the property habitable under the terms of the Permit Officer provided
the building is rebuilt as it originally was constructed using the
same materials; any changes made to the property must finally be approved
under the terms of this chapter, and if they are not so approved,
the expense of remedying them so as to obtain approval shall be borne
by the building owner; the permit issued by the Permit Officer should
so state, but any failure to so state shall not excuse the owner from
bearing such expense and obligation.
