No person shall construct, alter, repair, move or demolish any
resource within an historic district without first making application
for and receiving an historic district permit therefor from the Township
Clerk as set forth herein.
When work has been done upon a resource without an historic
district permit, and the Commission finds that the work does not qualify
for a certificate of appropriateness, the Commission may require an
owner to restore the resource to the condition of the resource prior
to the inappropriate work or to modify the work so that it qualifies
for a certificate of appropriateness. If the owner does not comply
with the restoration or modification requirement within a reasonable
time, the Commission may, in addition to other penalties as provided
in this chapter, seek an order from the Circuit Court to require the
owner to restore the resource to its former condition or to modify
the work so that it qualifies for a certificate of appropriateness.
If the owner does not comply or cannot comply with the order of the
Court, the Commission or its agents may enter the property and conduct
work necessary to restore the resource to its former condition or
modify the work so that it qualifies for a certificate of appropriateness
in accordance with the Court's order. The cost of the work shall
be charged to the owner, and may be levied by the local unit as a
special assessment against the property. When acting pursuant to an
order of the Circuit Court, the Commission or its agents may enter
a property for purposes of this section.
Applications for an historic district permit to construct, alter,
repair, move or demolish any resource within an historic district
shall be delivered to the Township Clerk or designated agent, to be
forwarded to the Commission for review and consideration. The Township
Clerk shall upon receipt of a complete application, notify the Commission
within seven calendar days and transmit such application and plans
thereto for review. No fee shall be collected by the Commission for
any application required hereunder. Only 1/2 of such building permit
fee, if a building permit should be required, shall be collected by
the Township, pursuant to its published and adopted schedule of fees
incidental to such construction activities. In the event an application
is denied by the Commission, the application fee will be returned.
The balance of the building permit fee shall be paid prior to the
issuance of the historic district permit.
The Commission, if it approves an application for an historic
district permit, shall file a certificate of appropriateness or a
notice to proceed with the Township Clerk and the inspector of buildings
or other delegated authority. An historic district permit shall not
be issued until the Commission has issued a notice to proceed or a
certificate of appropriateness as prescribed by this chapter. If the
Commission denies an historic district permit application, the decision
shall be binding on the Township Clerk and the Building Inspector
or other authority. A denial shall be accompanied with a written explanation
by the Commission of the reasons for denial and, if appropriate, a
notice that an application may be resubmitted for Commission review
when suggested changes have been made. The denial shall also include
notification of the applicant's rights of appeal to the State
Historic Preservation Review Board and to the Circuit Court.
In reviewing plans, the Commission shall follow the United States
Secretary of the Interior's Standards for Rehabilitation and
guidelines for rehabilitating historic buildings, as set forth in
36 CFR 67. The Commission shall also consider all of the following:
A.
The historic or architectural value and significance of the resource
and its relationship to the historic value of the surrounding area.
B.
The relationship of any architectural features of the resource to
the rest of the resource and to the surrounding area.
C.
The general compatibility of the design, arrangement, texture, and
materials proposed to be used.
D.
Other factors, such as aesthetic value, that the Commission finds
relevant.
The Commission shall review and act upon only exterior features of a resource and shall not review and act upon interior arrangements unless specifically authorized to do so by the Township Board of Trustees or unless interior work will cause visible change to the exterior of the resource. The Commission shall not disapprove an application due to considerations not prescribed in § 228-23, except as set forth in § 228-26.
The failure of the Commission to act within 60 calendar days
after the date a complete application submitted in full compliance
with Township requirements is received and accepted by the Commission
shall be considered to constitute approval unless the applicant and
the Commission agree upon an extension in writing.
In case of an application for an historic district permit to alter, repair, move or demolish a resource which the Commission deems so valuable to the Township, state or nation that the loss thereof will adversely affect the public purpose thereof, the Commission shall endeavor to work out with the owner an economically feasible plan for preservation of the resource. In reviewing an application for an historic district permit to determine whether to approve a notice to proceed, the Commission shall, in addition to the determinations set forth in § 228-23, determine whether the proposed work can be demonstrated to be necessary to substantially improve or correct any of the following conditions:
A.
The resource constitutes a hazard to the safety of the public or
to the structure's occupants;
B.
The resource is a deterrent to a major improvement program that will
be of substantial benefit to the community and the applicant proposing
the work has obtained all necessary planning and zoning approvals,
financing, and environmental clearances;
C.
Retaining the resource will cause undue financial hardship to the
owner when a governmental action, act of God, or other events beyond
the owner's control created the hardship, and all feasible alternatives
to eliminate the financial hardship, which may include offering the
resource for sale at its fair market value or moving the resource
to a vacant site within the historic district, have been attempted
and exhausted by the owner;
D.
Retaining the resource is not in the interest of the majority of
the community.
Work within an historic district shall be permitted after the
issuance of an historic district permit from the Township Clerk and
the issuance of all necessary building permits from the Building Department.
An applicant aggrieved by a decision of the Commission concerning
an historic district permit application may file an appeal with the
State Historic Preservation Review Board. The appeal shall be filed
within 60 days after the decision is furnished to the applicant. The
applicant may submit all or part of the applicant's evidence
in written form. The review board may affirm, modify or set aside
the Commission's decision and may order the Commission to issue
a certificate of appropriateness or a notice to proceed. A permit
applicant aggrieved by the decision of the State Historic Preservation
Review Board may appeal the decision to the Circuit Court.
Design review standards and guidelines that address special
design characteristics of historic districts administered by the Commission
may be adopted by the Commission if they are equivalent in guidance
to the Secretary of Interior Standards and Guidelines and are established
or approved by the Historical Center.
