This chapter shall be known and may be cited as the "Bath Borough
Historic District Ordinance."
It is the purpose and intent of the Borough Council of the Borough
of Bath in adopting historic district legislation to promote, protect,
enhance, perpetuate, and preserve historic districts for the educational,
cultural, economic and general welfare of the public through the preservation,
protection and regulation of buildings, structures, and areas of historic
interest or importance within the Borough; to safeguard the heritage
of the Borough by preserving and regulating historic districts which
reflect elements of its cultural, social, economic, political, and
architectural history; to preserve and enhance the environmental quality
of neighborhoods; to strengthen the Borough's economic base by
the stimulation of the tourist industry; to establish and improve
property values; to foster economic development; to foster civic pride
in the beauty and accomplishments of the Borough's past; and
to preserve and protect the cultural, historical and architectural
assets of the Borough for which the Borough has been determined to
be of local, state or national, historical and/or architectural significance.
For the purpose of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number and all words in the singular number include the
plural number, unless the natural construction of the word clearly
indicates otherwise. The word "shall" is mandatory. The word "used"
includes "designated, intended, built, or arranged to be used."
As used in this chapter, the following terms shall have the
meanings indicated:
Any act of process requiring a building permit and any other
act or process not requiring a building permit but specifically listed
in this chapter as a reviewable action, including without limitation
the repair, replacement, reconstruction, demolition or relocation
of any structure or object, or any part of a structure which is visible
from the public way.
The Borough of Bath, Northampton County, Pennsylvania.
Any enclosed or open structure which is a combination of
materials to form a construction for occupancy and/or use for human
or animal habitation and is permanently affixed to the land, including
manufactured homes.
An approval statement signed by the District Administrator
authorizing the construction, alteration, reconstruction, repair,
restoration, demolition or razing of all or a part of any building
(within an historic district).
The request filed by any person with the District Administrator
that seeks authorization to erect, alter, reconstruct, repair, restore,
demolish, or raze all or a part of any building or structure within
an historic district that requires a certificate of appropriateness.
The approval statement signed by the Borough Council which
certifies to the historical appropriateness of a particular request
for the erection, alteration, reconstruction, restoration, demolition,
or razing of all or a part of any building or structure within an
historic district and is a precondition to the issuance of a building
permit for said request.
A completed permit or certificate of appropriateness application
is an application which conforms to the submittal criteria for specific
historic preservation projects, as determined by the Historical Architectural
Review Board ("HARB" or "review board"). The HARB will not review
an incomplete application.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay
and deterioration resulting in its demolition.
A municipal employee of or third-party agency retained by
the Borough designated by Borough as the individual or third-party
agency who enforces compliance of building and/or fire codes and issues
the permit for the erection, alteration, reconstruction, repair, restoration,
demolition or razing of all or a part of any building or structure
within an historic district.
The result of construction such as a building, structure,
monument, sign, or object on the ground or on a structure or building.
The face of a building, structure, site, or area that looks
onto a street or open space.
The agency that advises the Borough Council and applicants
regarding certificates of appropriateness on any requests for authorization
to erect, alter, reconstruct, repair, restore, demolish all or part
of any building within an historic district.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
Any display, structure, device or object which incorporates
lettering, logos, colors, lights, or illuminated inert gas tubes visible
to the public from a building or structure, which either conveys a
message to the public, or intends to advertise, direct, invite, announce,
or draw attention to goods, products, services, activities, or facilities,
excluding window displays, merchandise and temporary signs.
Anything constructed or erected, having a permanent or semipermanent
location on, another structure or in the ground, including without
limitation buildings, sheds, manufactured homes, garages, fences,
gazebos, freestanding signs, billboards, antennas, satellite sending
or receiving dishes, vending machines, decks, and swimming pools.
A.
The Bath Historic District is hereby created and is delineated on
the Historic District Map of the Borough, marked Exhibit "A" and incorporated
herein by reference.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
The Historic District Map of the Borough shall be located in the
Borough Hall and made available for public inspection.
C.
The Bath Historic District is described as follows:
"That certain district or districts located in the Borough of
Bath and certified by the Pennsylvania Historical and Museum Commission,
by resolution from time to time, as historically significant and located
on the Historic District Map of the Borough approved by this ordinance."
D.
In the event Borough Council desires to propose an expansion of a
Bath Historic District, Council shall propose such expansion by resolution
of Council and shall file said proposal with the Pennsylvania Historical
and Museum Commission. The Pennsylvania Historical and Museum Commission
may certify said expansion by resolution of that governing body. In
the event the Pennsylvania Historical and Museum Commission certifies
said expansion by resolution, Borough Council shall adopt the certified
expanded Historic District by amending this chapter by ordinance to
adopt a new or revised Historic District Map of the Borough.
E.
From time to time, Borough Council may reduce a Bath Historic District
by resolution or motion of Council. The Pennsylvania Historical and
Museum Commission informed the Borough that it does not need to certify
reductions of a Historic District. In the event Council reduces a
Bath Historic District by resolution or motion, Council shall adopt
the reduced Historic District by amending this chapter by ordinance
to adopt a new or revised Historic District Map of the Borough.
