Township of Lower Macungie, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 1993-10, 8/5/1993, § 1000]
This Part shall be known as the "Lower Macungie Township Heritage Preservation Ordinance," and shall be maintained as an appendix to the Township's Zoning Ordinance.
[Ord. 1993-10, 8/5/1993, § 1001; as amended by Ord. 2011-12, 10/6/2011]
1. 
The Board of Commissioners recognizes the unique resource presented by the presence of historic, farm and other unique structures in the Township, and has adopted this Part to promote the following goals:
A. 
To promote civic pride by preserving the heritage of the community.
B. 
To promote the general welfare by protecting the integrity of the historic and farming resources in Lower Macungie Township.
C. 
To establish a clear process by which proposed changes affecting historic and farming resources are reviewed by appropriate Township entities.
D. 
To mitigate the negative effects of proposed changes on or near historic and farming resources.
E. 
To encourage the continued use of historic and farming resources and facilitate their appropriate reuse.
F. 
To tailor conservation measures to those clearly delineated historic and farming resources in Lower Macungie Township worthy of preservation.
G. 
To encourage the preservation of historic and farmstead settings and landscapes.
H. 
To discourage the unnecessary demolition of historic and farming resources.
I. 
In furtherance of goals stated in Lower Macungie Township's Comprehensive Plan and objectives of regional comprehensive plan.
[Ord. 1993-10, 8/5/1993, § 1002]
1. 
Compliance. Any use or alteration of a historic or farming resource shown on the Historic Resources Map shall occur only in full compliance with the terms of this Part and other applicable regulations.
2. 
Historic Overlay. The Historic Resources Map shall be deemed an overlay on any zoning districts now or hereafter enacted to regulate the use of land in Lower Macungie Township and is adopted herewith.
3. 
Incompatible Regulations. For any property shown on the Historic Resources Map, the requirements and opportunities contained in this Part shall supersede the otherwise applicable provisions of the underlying zoning district, to the extent that such provisions are incompatible with those found in this section.
[Ord. 1993-10, 8/5/1993, § 1003; as amended by Ord. 2011-12, 10/6/2011]
1. 
Classifications. The Historic Resources Map delineates three classifications of historic resources in Lower Macungie Township, which are defined as follows:
A. 
Class I.
(1) 
Certified historic structures.
(2) 
Contributing resources, i.e., buildings, sites, structures, underground resources and objects filed as such with the National Register of Historic Places, or may have the potential to be listed thereon.
(3) 
Buildings, sites, structures, objects, underground resources and districts which have received a determination of eligibility (DOE).
B. 
Class II. Buildings, sites, structures and objects not meeting National Register criteria but determined to be of historical or architectural significance to Lower Macungie Township and appropriately documented to that effect by the Lower Macungie Township Historical Commission.
C. 
Class III. Building, sites, structures and objects originally constructed for agricultural use and included in the historic resources inventory of the Township but not included in either Class I or Class II above.
2. 
Revisions. The Historic Resources Map may be revised from time to time by legislative action of the Board of Commissioners. Prior to such revisions by the Board, the following criteria shall be met:
A. 
In considering any revision, including additions, deletions or changes of classification to the Historic Resources Map, the Board shall request a written recommendation from the Lower Macungie Township Historical Commission.
B. 
The owner(s) of any property(ies) which are the subject of any such proposed administrative action shall be given written notice of the Lower Macungie Township Historical Commission's recommendation to the Board at least 10 days prior to the meeting at which time the recommendation is to be presented. Notice of proposed legislative action, however, shall not be required, except as otherwise provided by statute.
C. 
Official List. The Historical Commission shall create and maintain a current list of resources shown on the Historic Resources Map and their respective classifications.
[Ord. 1993-10, 8/5/1993, § 1005]
1. 
Use Opportunities - Class I Structures. (Reserved)
2. 
Use Opportunities - Class II Structures. (Reserved)
3. 
Use Opportunities - Class III. In addition to the uses permitted by the underlying zoning districts of the Township and those allowed as valid nonconforming uses, each Class III historic resource may be considered for additional use opportunities subject to the standards and procedures contained in applicable sections of this section set forth below.
A. 
Uses. Residential Zones (Semi-Rural, Suburban Residential and Urban Residential).
Uses
Type of Structure
Barn
Corncrib or other Permanent Storage Area
Other
Single-family dwelling
P
P
Home occupation
P
P
P
Bed and Breakfast
C
Professional or business office
C
Guest house, "in-law" residence
P
P
P
Creation and sale of cottage industry products and handcrafts
P
P
Warehousing and storage
P
P
P
Agricultural uses (not involving husbandry)
P
P
P
B. 
Uses. Village Center, Suburban Center, Commercial and Industrial Zones.
Uses
Type of Structure
Barn
Corncrib or other Permanent Storage Area
Other
All uses permitted in Residential Zones (Subsection 3A above)
Multi-family housing
C
Inn
C
Eating and/or drinking establishments
C
Food processing
C
C
Light assembly and manufacturing
C
C
C. 
Uses. Rural Zone and Agricultural–Rural Zone.
Uses
Type of Structure
Barn
Corncrib or other Permanent Storage Area
Other
All uses permitted in Residential Zones (Subsection 3A above)
Animal husbandry
P
P
P
Riding stables/equestrian center
P
P
P
Kennels
P
P
P
P
Permitted by right.
C
Permitted as a conditional use.
[Ord. 1993-10, 8/5/1993, § 1006; as amended by Ord. 2011-12, 10/6/2011]
1. 
Class I Structures. (Reserved.)
2. 
Class II Structures. (Reserved.)
3. 
Class III Structures. The following design standards shall apply, except where specifically noted to the contrary in the subsections below, to any of the additional use opportunities considered for Class III historic resources. Compliance with all other sections of this Part shall be required as applicable.
A. 
No Class III historic resource may be enlarged beyond what is minimally necessary to accommodate the additional use. As a guideline, no Class I historic resource should be enlarged by more than 15% of its gross volume to utilize these opportunities.
B. 
Unless otherwise specified herein, any rehabilitation, restoration, alteration, or enlargement of a Class III historic resource necessary to accommodate an additional use opportunity must be in substantial compliance with the standards of this and other applicable ordinances.
C. 
Plans for any rehabilitation, restoration, alteration, or enlargement deemed necessary by the applicant to utilize any of the additional use opportunities shall be submitted to the Township Historical Commission and Zoning Officer for review. Such plans shall be in sufficient detail to allow the Commission to determine their level of compliance with the standards of this section, and shall include as a minimum, the following:
(1) 
A specific description of the exterior of the existing structure including architectural style of coloration, building materials, age and condition.
(2) 
The exact location of the structure and the lot upon which rehabilitation, restoration, alteration or enlargement is to occur (provided on a plot plan or survey).
(3) 
The exterior changes to be made, and the exterior characteristics of all additions or expansions to the structure.
(4) 
A list of all other structures within 300 feet describing the general external characteristics of each.
(5) 
Photographs of the historic structure, and of the structures identified in Subsection 3C(4) above.
D. 
Within 45 days, the Commission shall review the plans for compliance with the standards contained in this section and shall submit its findings in a written report. The report shall indicate what specific changes in the plans are necessary to bring them into substantial compliance. Special use approval shall only be granted if the recommendations set forth in this report are met.
E. 
Where an additional use opportunity is permitted, landscaping must be provided in accordance with § 17-108.
F. 
Off-street parking otherwise required by the Zoning Ordinance [Chapter 27] may be altered by the Board of Commissioners to accommodate special conditions related to the use of the Class III resource provided adequate parking will be provided for the proposed use.
G. 
Improvements to a Class III structure may warrant changes to the building classification determined by the Historical Society.
[Ord. 1993-10, 8/5/1993, § 1007; as amended by Ord. 2011-12, 10/6/2011]
The subdivision of a lot which contains an historic resource of any class shall be accomplished in such a manner that the resulting lot that will contain the resource is large enough to preserve the setting of the historic resource, and maintain its relationship with other principal structures with which it was historically used. The size and configuration of the subdivided lot shall depend upon the class of historic resource and the characteristics of the landscaping of the subdivided lot and adjacent lots. Review and recommendations regarding the resource and its subdivided lot shall be made by the Township Historical Commission to the Planning Commission and the Board of Commissioners. The Board may require that a lot size be increased above the minimum lot size for the zoning district in which the resource is located in order for special use approval to be granted. In no case shall the lot be smaller than that otherwise required for the district. Nothing set forth in this section shall be construed to require the land upon which the historic structure is situate to be subdivided from adjacent parcels containing structures committed to other uses.
[Ord. 1993-10, 8/5/1993, § 1008; as amended by Ord. 2011-12, 10/6/2011]
1. 
Applicability. In addition to, or in lieu of, applicable buffering requirements of this Part, a landscape plan for the grounds surrounding an historic resource may be required by the Board of Commissioners or Zoning Hearing Board when a tract proposed for subdivision or land development contains an historic resource which is proposed for a special exception use.
2. 
Landscape Plan. The plan must be prepared by a landscape architect or a qualified nurseryman and show all pertinent information, including the location, size, and species of all individual trees and shrubs to be planted or preserved. Through screening, buffering, and selection of plant material, the plan should strive to protect the integrity of setting of the historic resource, including any historic plant material, and shall protect abutting properties from the impact of any use which would not be permitted except through the special use provisions of this section.
3. 
Review by Township Historical Commission. The landscape plan will be reviewed for appropriateness and effect by the Commission within 30 days of receipt by the Township. The Commission shall set forth its comments and recommendations in a written report to the Board of Commissioners.
[Ord. 1993-10, 8/5/1993, § 1009; as amended by Ord. 2011-12, 10/6/2011]
1. 
Standards for Rehabilitation. Any proposed rehabilitation, alteration, or enlargement of a designated historic resource should be in substantial compliance with the Secretary of the U.S. Department of the Interior's Standards for Rehabilitation. The Commission may, from time to time, promulgate supplemental regulations and criteria, which shall become effective upon adoption thereof by the Board of Commissioners.
2. 
Compliance. Determination of compliance with these standards shall be made by the Township Historical Commission, which shall issue a written recommendation as to compliance to the Board of Commissioners.
3. 
Other Requirements. The rehabilitation requirements of this section shall be in addition to those found in other Township ordinances and regulations, including, but not limited to, those found in the various Township Building Codes.
[Ord. 1993-10, 8/5/1993, § 1010; as amended by Ord. 2011-12, 10/6/2011]
1. 
Conditions Precedent to Permit Issuance. All applicants for special use approval must obtain special use approval and a Certificate of Appropriateness as conditions precedent to the issuance of any building, use, or occupancy permits. Upon receipt of the written comments of the Township Historical Commission, and where relevant, notice of approval of a special exception use by the Zoning Hearing Board, the Board of Commissioners, shall consider, at the next regularly scheduled meeting of the Board of Commissioners, the applicant's special use application and the issuance of a Certificate of Appropriateness for any exterior work proposed by a special use applicant. The applicant shall be given 10 days' notice of the time and place of the meeting at which his application will be considered and shall have the right to attend and be heard regarding his application. All interested persons may appear and be heard at the meeting held by the Board of Commissioners.
A. 
Decision of Board of Commissioners. Within 15 working days following the conclusion of the aforesaid meeting, the Board of Commissioners shall, by official written communication to the applicant, either:
(1) 
Issue special use approval and a certificate of appropriateness for the proposed external changes as submitted.
(2) 
Issue special use approval and a certificate of appropriateness subject to specified changes not included in the application as submitted, but which would protect the distinctive historic character of the building, site, or area which is proposed to be changed.
(3) 
Deny special use approval, or a certificate of appropriateness, or both, with respect to the proposed changes as submitted. Reasons for denial shall be expressly set forth in the written decision.
Failure of the Board of Commissioners to so act within the said period shall be deemed to constitute a decision in favor of the applicant with regard to any action not timely made. In the event that approval is granted subject to conditions, the applicant may, within 10 days after receiving a copy of the official written communication from the Board of Commissioners, give notice of his acceptance or of his refusal to accept all of the conditions.
Should all conditions not be accepted, the Board shall be deemed to have denied the special use approval or the Certificate of Appropriateness, whichever is applicable. In the event the applicant does not, within the said period, notify the Board of Commissioners of his refusal to accept all of the said conditions, the approval, with all conditions, shall stand as granted.
B. 
Resolution of Board of Commissioners. The grant or denial of special use approval or of a Certificate of Appropriateness shall be in the form of a written resolution which shall include findings of fact related to the specific proposal and shall set forth the reasons of the grant, with or without conditions, or for the denial, which were relevant to it decision.
C. 
A certificate of appropriateness review by the Board of Commissioners shall be limited to a determination of the appropriateness of external changes, modifications and renovations of structures proposed for special use approval only.
2. 
Appeals. Any decision of the Board of Commissioners under this Part, granting or denying special use approval, a certificate of appropriateness, or authorizing or refusing to authorize a modification in such Certificate of Appropriateness, shall be subject to review and appeal in the same manner and within the same time limitations as are provided for zoning appeals, pursuant to the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10101 et seq.
3. 
Administrative Officer. The Zoning Officer, or such other person or agency charged by the Board of Commissioners with the enforcement of the provisions of this Part, shall review the progress and status of the proposed changes and shall timely remit applications and render such reports thereon to the Board of Commissioners and to HARB as may be necessary to assure compliance with the provisions of this Part and the conditions of special use approval and of the certificate of appropriateness.
4. 
Permit Issuance. Upon issuance of a certificate of appropriateness and special use approval, the Zoning Officer shall issue building, use, or occupancy permits, as appropriate.
[Ord. 1993-10, 8/5/1993, § 1011]
1. 
Demolition Permit. No Class I, II or III historic resource shall be demolished, in whole or in part, (including the indiscriminate removal or stripping of any significant interior or exterior architectural features), unless a permit shall have been obtained from the Zoning Officer of the Township in accordance with the procedures and requirements of this section and other applicable standards and procedures of the Township Building Codes and other applicable ordinances.
2. 
Application Requirements for Historic Resources. In addition to applicable requirements under the Township Building Code, any applicant seeking a permit to demolish a historic resource shall provide the following with regard to that historic resource:
A. 
Owner of record.
B. 
Classification on Historic Resources Map.
C. 
Site plan showing all buildings and structures on the property.
D. 
Recent photographs of the resource proposed for demolition.
E. 
Reasons for the demolition.
F. 
Method of demolition.
G. 
Future uses of the site and of the materials from the demolished resource.
3. 
Review by the Township Historical Commission. The Zoning Officer shall notify the Commission of the application for demolition within five days of acceptance of a properly completed application, including the necessary filing fee, shall post the property with a pending demolition notice, and shall assure that public notice has been given in a newspaper of general circulation of the pending demolition not less than 20 days prior to the anticipated demolition date. No historic resource shall be demolished until the Historical Commission has had 30 days to review the proposed demolition and its impact upon the Township.
[Ord. 1993-10, 8/5/1993, § 1012; as amended by Ord. 2011-12, 10/6/2011]
1. 
Fines and Penalties. Any person who violates the requirements of this section shall be subject to the fines and penalties imposed under Part 26 of the Township Zoning Ordinance [Chapter 27], as well as any applicable fines and penalties imposed under the Township Building Code [Chapter 5, Part 1], and shall be subject to injunctive and other legal equitable remedies necessary to assure the preservation of the Township's historical resources.
2. 
Permit Withholding. The Board of Commissioners shall withhold issuing any building permits for a minimum of one year for a property which, at the date of enactment of this Part, was occupied by a Class III historic resource which subsequently was demolished in violation of this section.