[Adopted 7-12-2021 by Ord. No. 1034]
This chapter is enacted pursuant to the authority granted to
the Borough of Narberth by the Historic District Act (53 P.S. § 8001
et seq.) and the Pennsylvania Borough Code (8 Pa.C.S.A. § 101
et seq.).
A.
Article 1, Section 27, of the Pennsylvania Constitution states:
The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and esthetic values
of the environment. Pennsylvania's public natural resources are the
common property of all the people, including generations yet to come.
As trustee of these resources, the Commonwealth shall conserve and
maintain them for the benefit of all the people.
B.
To help meet and fulfill these responsibilities, the Borough of Narberth
enacts this chapter with the purpose and intent to:
(1)
Preserve and protect the cultural, historical and architectural fabric
of the Borough of Narberth.
(2)
Preserve the scale, streetscape, and overall character of the community.
(3)
Encourage the reuse, repair, and refurbishment or materials to minimize
both the use of energy and materials for new resources and the creation
of waste and pollution.
(4)
Assist and educate owners of historic properties about the significance
of their property and provide information about historically sensitive
alterations.
(5)
Promote alterations to historic resources that are historically sensitive
and fit in with the character of existing neighborhoods.
(6)
Preserve a diverse range of building sizes, ages, styles, and configurations.
(7)
Promote the general welfare, education, and culture of the Borough
of Narberth by promoting an interest in and awareness of our community's
history and culture.
(8)
Safeguard the heritage of the Borough of Narberth by preserving and
regulating areas of our community which reflect its cultural, social,
economic, political, and architectural history.
(9)
Promote reuse rather than demolition of older and historic buildings.
As used in this chapter, the following terms shall have the
meanings indicated:
A building subordinate in size and location to the principal
building on a lot and used for purposes customarily incidental to
those located in the principal building.
The act or process of adding, moving, removing, replacing,
or modifying the exterior features of a building or structure, or
the moving of a building or structure from one location to another.
Any structure having enclosed walls and roof, intended for
support or sheltering a use or occupancy, and attached to the land.
The person or company designated by Borough Council to administer
and enforce this chapter as set forth herein.
The approval statement, signed by Borough Council, that certifies
to the historical appropriateness of a particular request for the
erection, alteration, demolition, or razing of all or a part of any
building or structure within a historic district as required by this
chapter and that authorizes the issuance of permits and/or authorization
to proceed for said request.
A building, site, structure, or object located within a historic
district that adds to the associations, architectural qualities, or
values for which a district is significant because it relates to the
documented significance of the district.
The willful or intentional failure to perform routine maintenance
and/or failure to secure a contributing resource from pests or vandals,
and/or failure to take reasonable measures to prevent ingress of water
or wind through the roof, walls, or apertures, leading to deterioration
and/or structural failures in the manner set forth in this chapter.
The act of dismantling, tearing down, moving, or removing
any exterior load-bearing portion of a building or structure. Not
included is the removal of exterior, nonstructural architectural elements.
The denial of all reasonable beneficial uses or reasonable
financial return on a property as a result of the denial of a certificate
of appropriateness.
An area that possesses a sufficient concentration, linkage,
or continuity of buildings, structures, sites, objects, or open spaces
united historically by plan or physical development.
A building, site, structure, or object within a historic
district that does not add to the associations, architectural qualities,
or values for which a district is significant because it does not
relate to the documented significance of the district or, due to alterations,
disturbances, additions, or other changes, it no longer conveys the
significance of the district.
The largest building on a lot that also houses the principal
use(s).
Any person, association, entity, or estate that is the legal
owner of record of the subject property or otherwise responsible for
the property.
Any street, alley, sidewalk or similar place essentially
unobstructed from the ground to the sky to which the general public
is typically allowed access, including private streets and alleys.
In accordance with the provisions of the Pennsylvania Historic
District Act, and to fulfill the purpose and intent of this chapter
as set forth above, historic districts are hereby created in the Borough
of Narberth and shall encompass the properties within the Borough
on the maps as set forth below. All boundaries set forth in the following
historic district maps are hereby incorporated into this chapter by
reference as if fully set forth herein:
A.
Narberth Historic District, attached hereto and incorporated herein
as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
A.
Appointment of Historic Architectural Review Board. Following the
designation of one or more historic districts, Borough Council shall
appoint a Historic Architectural Review Board (hereinafter "HARB").
The HARB shall have the functions, composition, and duties as described
in this chapter.
B.
The HARB shall have the following functions and duties:
(1)
Serve as principal advisor to Borough Council and other municipal
boards, commissions, and officials on historic preservation, architecture,
history, culture, heritage, and related matters.
(2)
Advise Borough Council, municipal staff, and consultants on the issuance
of certificates of appropriateness and permits for demolition, and/or
construction, and actions relative to demolition by neglect of properties
within any historic district.
(3)
Advise owners of historic resources on historically appropriate ways
to repair, restore, and alter their property while maintaining historic
character.
(4)
Maintain a system for the survey and inventory of historic resources
in the Borough of Narberth within designated or potential historic
districts in accordance with the survey and documentation protocols
established by the Pennsylvania Historical and Museum Commission.
(5)
Conduct research on historic resources and propose the nomination
of such resources for inclusion on the National Register of Historic
Places and other appropriate lists or programs.
(6)
Make recommendations to Borough Council concerning revisions to historic
district boundaries.
(7)
Make recommendations to Borough Council concerning revisions to the
designations of properties within the district as contributing or
noncontributing.
(8)
Document, photograph, and regularly update information about ongoing
changes to the Borough of Narberth's physical landscape, in particular
the regulated historic districts.
(9)
Participate in continuing education and training activities related
to historic preservation and administration of this chapter.
(10)
Create, update, maintain, and distribute design guidelines for
alterations to historic resources.
(11)
Educate the Borough of Narberth's residents and others as to
the importance of protecting the Borough of Narberth's heritage.
(12)
Educate the Borough of Narberth's citizens and particularly
owners of properties within designated historic districts about this
chapter and the chapter's processes, protections, and requirements.
(13)
Perform any other lawful activities that shall be deemed necessary
to further the purposes of this chapter.
C.
Membership.
(1)
The Borough of Narberth's HARB shall be composed of no less than
five and no more than seven members appointed by Borough Council.
(2)
The membership of HARB shall be as follows:
(a)
One member shall be a registered architect;
(b)
One member shall be a licensed real estate broker;
(c)
One member shall be a building inspector;
(d)
One member shall be a planning commission member;
(e)
Remaining member(s) shall be person(s) with demonstrated knowledge
of and interest in the history, architecture, culture, or heritage
of the community and the preservation of historic districts.
(f)
Residents of the Borough of Narberth are preferred for all positions,
but in no case shall fewer than two members be residents of the Borough
of Narberth. The registered architect, real estate broker, and/or
building inspector may be nonresidents if necessary to fill the positions.
(3)
After initial staggered terms of one member for one year, two members
for two years, and two members for three years, the HARB members shall
serve for a term of three years that shall be fixed that no more than
two terms shall expire each year. Members may be reappointed by Borough
Council to consecutive terms. If Borough Council appoints a sixth
HARB member, that member shall serve for one year. If Council initially
appoints a seventh HARB member, that member shall serve for two years.
(4)
A majority of the HARB shall constitute a quorum and action taken
at any meeting shall require the affirmative vote of a majority of
the HARB.
(5)
The HARB shall notify Borough Council of any vacancies in the HARB.
If vacancies cause the HARB to have fewer than five members or to
be without the required membership as described above, then Borough
Council shall act within 90 calendar days to fill those vacancies.
Appointments to fill vacancies for unexpired terms shall be only for
the unexpired portion of the term, subject to reappointment thereafter.
(6)
Any member of the HARB may be removed from office for any reason
by a majority vote of Borough Council.
(7)
Members shall serve without compensation but may be reimbursed for
any personal expenditure in the conduct of HARB business when preapproved
by the Borough Manager. Municipal staff, consultants, or contractors
may be compensated for appointed service as part of their normal job
functions.
D.
Organization and conduct of business.
(1)
The HARB shall annually elect from its own membership a Chair, Vice
Chair, and such other officers as may be required for the conduct
of its business.
(2)
The HARB shall develop bylaws and rules of procedure governing its
organization and conduct and shall submit such documents and subsequent
changes to Borough Council for approval. Such bylaws and rules shall
be consistent with the ordinances of the Borough of Narberth and laws
and regulations of the Commonwealth of Pennsylvania.
(3)
The HARB may develop and require submission of forms to facilitate
the fulfillment of its responsibilities under this chapter in consultation
with Borough staff.
(4)
The HARB shall conduct business at regular public meetings or special
meetings as needed and called by the Chair. The dates, times, and
locations of all regular and special HARB meetings shall be posted
and advertised to the public in advance in accordance with applicable
commonwealth laws related to public meetings and the conduct of official
business.
(5)
The HARB shall provide an agenda of each public meeting which shall
be available for public inspection prior to the meeting as required
by applicable commonwealth laws related to public meetings and the
conduct of official business.
(6)
The HARB shall keep full public records of its business, including
adopted minutes, and shall submit a monthly report of its activities
to Borough Council.
(7)
The HARB shall prepare an annual report of its activities in the
preceding calendar year and shall submit the report to Borough Council
by March 1 of each year.
A.
Historic district designation criteria.
(1)
Borough Council may designate one or more areas of the Borough of
Narberth as a historic district if the area meets the definition of
a historic district and at least one of the following criteria:
(a)
Is representative of broad patterns of development, heritage,
or culture of the Borough of Narberth, the commonwealth, or the nation.
(b)
Is associated with an event that is significant to the history
of the Borough of Narberth, the commonwealth, or the nation.
(c)
Is associated with persons or groups of people of significance
to the history or culture of the Borough of Narberth, the commonwealth,
or the nation.
(d)
Embodies distinctive characteristics of style, type, period,
or method of construction or architecture.
(e)
Contains the work of a notable architect, artist, craftsperson,
or builder.
(f)
Has yielded, or may be likely to yield, information important
in prehistory or history.
(2)
A district may be comprised of both distinctive features and features
that lack individual distinction and may contain buildings, structures,
sites, objects, or open spaces that do not necessarily contribute
to the significance of the district.
(3)
Borough Council shall designate within each historic district which
properties and/or features upon those properties are contributing
or noncontributing to the criteria or nature of the historic district.
(a)
Buildings, sites, structures, objects, and open spaces within
historic districts shall be categorized as either contributing or
noncontributing resources, as defined above.
(b)
Determinations of contributing and noncontributing status may
be amended from time to time upon a recommendation from the HARB and
the approval of Borough Council.
(c)
If the owner of a property wishes to contest the designation
of the owner's property as contributing or noncontributing, the owner
may do so at a regularly scheduled public meeting of the HARB. The
owner shall provide historical research and documentation to demonstrate
that the designation of the property should be changed because the
property does or does not, as the property owner so contests, add
to the associations, architectural qualities, or values significant
to the district.
(4)
A district may include parcels that act as a visual buffer to protect
the character and significance of the district.
B.
Designation of additional historic districts.
(1)
The HARB, acting of its own volition or at the request of the Narberth
Planning Commission, Borough Council, or any Narberth resident, may
consider whether an area of the Borough of Narberth meets the criteria
for designation as a historic district.
(2)
Individuals or entities other than the HARB, Planning Commission,
or Borough Council seeking designation of an area as a historic district
shall prepare and submit a designation application in a form and manner
specified by the HARB and shall pay an application fee in an amount
established by Borough resolution. If the request for designation
is initiated by the HARB, Planning Commission, or Borough Council,
the necessary documentation will be prepared by the HARB or a consultant
or contractor hired by the Borough of Narberth for such a purpose.
(3)
Applications for designation shall include:
(a)
The boundaries of the proposed historic district;
(b)
Historical research and documentation that the proposed district
meets one or more of the designation criteria;
(c)
A description of the character-defining features and physical
characteristics of the district and resources that relate to its significance;
(d)
A determination of whether each resource within the district
is a contributing or noncontributing resource; and
(e)
Any other information as may be specified by the HARB.
(4)
Within 60 calendar days of determining that an application is technically
complete, the HARB shall conduct one or more public meetings to review
the designation application and receive written and oral testimony
from the public. All property owners within the proposed additional
district shall be provided with notice of the initial meeting.
(5)
Within 45 calendar days following the conclusion of the public meetings,
the HARB shall consider the application at a regular public meeting
and shall vote on whether the proposed district meets the designation
criteria and should be designated as a historic district. If the HARB
determines that the proposed district does meet the definition and
criteria for designation, the HARB shall transmit a report detailing
its recommendations to both the Planning Commission and Borough Council.
The report shall include:
(a)
The boundaries of proposed historic district;
(b)
Historical research and documentation that the proposed District
meets one or more of the designation criteria;
(c)
A description of the character-defining features and physical
characteristics of the district and resources that relate to the significance
of the district; and
(d)
A determination of whether each property within the district
is a contributing or noncontributing resource.
(6)
Upon receipt of the HARB's report proposing the designation of the
district, the Narberth Planning Commission shall consider the application
at a regular or special meeting. The Planning Commission shall consider
whether the designation is consistent with the Borough of Narberth's
most recently adopted Comprehensive Plan and other related plans and
policies and transmit a report detailing its recommendations to Borough
Council.
(7)
Upon receipt of the report from the Narberth Planning Commission
regarding the proposed designation, Borough Council shall consider
whether to designate the area as a historic district. If Borough Council
determines that the area should be designated a historic district,
Council shall adopt an ordinance specifying the boundaries and the
applicable designation criteria and relevant supporting documentation.
Following adoption of the ordinance, Borough Council shall submit
the necessary information to the Pennsylvania Historical and Museum
Commission for certification of the district's boundaries.
C.
Amendments to historic districts.
(1)
The boundaries of historic districts may be amended from time to
time at the request of the HARB, the Planning Commission, Borough
Council or any resident of the Borough of Narberth residing in the
district.
(2)
Boundary changes that would result in previously undesignated properties
being added to or removed from a historic district shall follow the
same procedures as the creation of an additional historic district
set forth above.
(4)
Requests to reduce an historic district's boundaries shall be submitted
to the HARB along with documentation demonstrating that the properties
to be removed no longer convey the significance of the district. Individuals
or entities other than the HARB, Planning Commission, or Borough Council
seeking a boundary change of a historic district shall prepare and
submit a boundary change application in a form and manner specified
by the HARB and shall pay the application fee as established by Borough
resolution.
A.
A property owner must obtain a certificate of appropriateness if a contributing resource is proposed to be demolished or if an alteration listed below in Subsection D is proposed, and any such alteration is visible from a public way and located within the first or second lot layer of the property, as the first and second lot layer is defined in the Borough's Zoning Code. A certificate of appropriateness shall be required in addition to any other necessary permits, and regardless of whether building, zoning, or any other permits are required.
B.
If the property owner questions whether a contributing resource will
be visible from a public way or an alteration otherwise requires a
certificate of appropriateness, the Building Code Official shall investigate
and make a recommendation to the HARB, who shall then make the decision.
In making such a determination, the HARB may consider information
provided by the property owner as well as the public.
C.
No zoning, building, demolition or other required permits shall be
issued for alterations described in this section unless and until
a certificate of appropriateness is issued in accordance with this
chapter. Applications for building, zoning, demolition, or other applicable
permits shall not be considered complete and, therefore, shall not
be accepted by the Borough, unless and until accompanied by a certificate
of appropriateness.
D.
Alterations of the following historic features, when proposed for
a contributing resource and when otherwise permitted by the applicable
Narberth Borough Code, require a certificate of appropriateness:
(1)
Changing a building's footprint by the removal of building volume.
(2)
Changing a building's height by the demolition of whole or partial
stories.
(3)
Changing a building's volume by the removal of towers, turrets, or
spires.
(4)
Changing the shape, slope, or configuration of a building's roof
or roofline by the removal of dormers or the filling in of sleeping
porches.
(5)
Removing or concealing decorative roof or cornice treatments, including,
but not limited to, brackets, corbels or cornices.
(6)
Removing or enclosing porches, porticos, or stoops.
(7)
Removing porch roofs.
(8)
Removing or concealing porch columns, posts, or other vertical supports.
(9)
Removing or concealing porch railings, balustrades, or walls.
(10)
Removing permanently attached canopies.
(11)
Removing window openings or bay windows, or concealing windows
or window openings.
(12)
Removing exterior door openings or concealing exterior doors.
E.
If the alteration involves the removal of a feature in Subsection D(5) through (10) above, the alteration shall not require a certificate of appropriateness if the feature is replaced with a feature that is similar to and in character with the contributing resource and meets one of the following criteria:
(1)
The feature is replaced in kind, with the identical material and
detailing; or
(2)
In instances where materials and details from the period of historical
significance are either unavailable or their use is economically infeasible,
the feature may be replaced with a new material that matches the material
being replaced in composition, design, texture and other qualities
aesthetically consistent with, even if not completely duplicative
of, the character of the historic feature.
A.
Demolition.
(1)
A certificate of appropriateness for the Demolition of a contributing
resource, or after a finding of Demolition of Neglect, may only be
issued when one or more of the following conditions have first been
met:
(a)
Denial of a certificate of appropriateness would result in economic
hardship, as defined and determined in this chapter;
(b)
The contributing resource poses an imminent threat to the health,
safety, or welfare of its occupants, adjacent properties, or the public;
or
(c)
Demolition of the contributing resource is necessary to advance
a significant public interest or benefit.
(2)
It is expressly intended under this chapter that if a finding of
demolition by neglect has been made for the applicable contributing
resource, the conditions that have led to such finding may not be
used as a justification for economic hardship.
(3)
In the event that a certificate of appropriateness for demolition
is issued, the HARB may recommend, and Borough Council may require,
the property owner to produce to the Borough, at its own expense and
to the satisfaction of the HARB, written and/or photographic documentation
of the contributing resource prior to the commencement of demolition
activities sufficient to document the history of the contributing
resource.
B.
Alterations.
(1)
In considering whether to issue a certificate of appropriateness for alterations to contributing resources when required under § 315-7D the HARB and Borough Council shall consider:
(a)
The exterior architectural features which can be seen from a
public way;
(b)
The general design, arrangement, texture, and material of the
proposed alteration;
(c)
The effect of the proposed alterations on the character-defining
features of the subject contributing resource;
(d)
The relationship of the proposed alterations to similar features
of buildings and structures in the district;
(e)
The effects of the proposed alterations on the general historic
and architectural nature of the district;
(f)
The effects of the proposed alterations on the character-defining
features of the district; and
(g)
The extent to which the proposed alterations are consistent
with the adopted design guidelines for the district.
(2)
In addition, the HARB and Borough Council shall consider the benefits
of the effects of the proposed alterations on the energy efficiency
of the structure.
C.
Guidelines for alterations.
(1)
The HARB shall develop guidelines that use a combination of text,
photographs, and illustrations to convey how alterations can be made
compatible with the historic and architectural nature of the district.
The HARB shall submit the guidelines to Borough Council for approval.
(a)
Guidelines shall consider activities regulated through this
chapter to provide guidance to property owners and the HARB.
(b)
Guidelines may consider activities not regulated through this
chapter to provide advisory guidance to property owners.
(c)
There may be separate and distinct guidelines for each designated
district.
(d)
Guidelines shall take into account affordability and environmental
sustainability.
(e)
There may be separate guidelines for specific types of alterations,
such as alterations to improve the energy efficiency of buildings.
(f)
Guidelines shall not supersede the Borough of Narberth's Zoning
Code, Subdivision and Land Development Ordinance, or any other Borough
ordinance.
(2)
Prior to the development and adoption of specific guidelines for
each Historic District, the HARB and Borough Council may adopt and
refer to the Secretary of the Interior's Standards for Rehabilitation.
(3)
The adopted guidelines may be utilized by the HARB and Borough Council
for the evaluation and approval or denial of certificate of appropriateness
applications.
A.
Applications for certificates of appropriateness shall be submitted
to the Building Code Official designated to receive such applications
and in a form and manner as specified by the Borough. The HARB, in
consultation with the Building Code Official, shall develop and publish
forms and requirements that specify the information and documentation
that must be submitted along with certificates of appropriateness
applications. The requirements may require different information for
different types of projects.
B.
The Building Code Official shall verify that an application meets
the submission requirements and shall forward all technically complete
applications, together with all plans and other documentation submitted
therewith, to the HARB within five business days.
C.
The HARB shall discuss all technically complete applications at a
regular or special meeting within 60 calendar days of receiving the
application from the Building Code Official unless an extension or
deferral is agreed to by both the applicant and the HARB. The applicant
shall be given 10 business days' notice of the time and place of the
meeting and shall be given the opportunity to present the application
to the HARB.
D.
In considering whether to recommend the issuance of a certificate
of appropriateness, the HARB may consider comments from the public
as well as persons and organizations with expertise and experience
in matters relevant to the application.
E.
If the applicant is asserting an economic hardship exception, the
applicant must submit by affidavit to the HARB information substantiating
the economic hardship which may include, but is not limited to, the
following:
(1)
Date the property was acquired by its current property owner;
(2)
Price paid for the property (if acquired by purchase) and the relationship
(if any) between the buyer and the seller of the property;
(3)
Mortgage history of the property, including current mortgage;
(4)
Current market value of the property;
(5)
Equity in the property;
(6)
Past and current income and expense statements for a two-year period
for commercial properties;
(7)
Past capital expenditures during the ownership of current owner;
(8)
Records of any past citations for violations of the Property Management
Code;
(9)
Appraisal of the property obtained within the previous two years;
(10)
Income and property tax factors affecting the property.
F.
In addition, the HARB may require that an applicant furnish additional
information relevant to its determination of economic hardship and
may receive and consider studies and economic analyses from other
sources relevant to the property in question. Within 10 calendar days
of the meeting, the HARB shall provide Borough Council and the applicant
with a written report detailing the findings, conclusions, and recommendations
of the HARB. The HARB and applicant may mutually agree to continue
consideration of the application to future meetings or to extension
of the ten-day time frame for issuance of a recommendation.
G.
The report issued by the HARB shall include, but need not be limited
to, the following information:
(1)
The address of the proposed project;
(2)
The name of the applicant;
(3)
A description of the proposed project;
(4)
The findings and conclusions of the HARB as to whether the project
meets the applicable criteria and guidelines for issuance of a certificate
of appropriateness;
(5)
The findings and conclusions related to any claims of economic hardship
and the information presented and considered in reaching such findings
and conclusions which shall include:
(a)
The overall financial impact of the denial of the certificate
of appropriateness on the property;
(b)
Whether the denial of the certificate of appropriateness will
result in the property owner being denied any reasonable or beneficial
use of the property;
(c)
Whether the denial of the certificate of appropriateness violates
reasonable invested-backed expectations for the property; and
(d)
Whether the hardship has been self-imposed, including whether
a finding of demolition by neglect has been issued for the property.
(e)
A finding of demolition by neglect for the property shall not
be considered evidence of economic hardship.
(6)
A recommendation, based on its findings and conclusions, as to whether
Borough Council should issue or deny a certificate of appropriateness.
H.
If the HARB recommends denial, the report shall provide specific
recommendations for changes to the proposed plans and specifications
that the applicant could make to meet the applicable guidelines and
be recommended for approval.
(1)
The applicant shall have 10 business days following the receipt of
the HARB's report to decide whether or not to make the suggested changes
in plans and specifications or to provide additional information or
documentation.
(2)
If the applicant determines that they will make the necessary changes,
they shall advise the Building Code Official, who shall in turn advise
the HARB and Borough Council. The applicant may submit revised plans
for consideration by the HARB, after which the HARB shall have 30
additional calendar days from the date of receipt to submit its recommendation
to the Borough Council.
I.
Borough Council shall consider the HARB's recommendation, if any,
at a regular or special meeting not less than 30 nor more than 60
calendar days following receipt of the report and shall determine
whether to issue the certificate of appropriateness. If the HARB is
unable to meet within 60 calendar days of receiving the application
from the Building Code Official without an extension of the meeting
or a continuation of consideration agreed on by the applicant, and
therefore cannot provide a timely recommendation to Borough Council,
or otherwise cannot make a recommendation to Borough Council for any
reason, Borough Council shall consider the application at its next
regularly scheduled business meeting following the expiration of such
sixty-day time frame without a recommendation from the HARB. The applicant
shall be given 10 business days' notice of the time and place of the
meeting at which the application will be considered.
J.
In making its determination whether to issue the certificate of appropriateness,
Borough Council shall consider, in addition to the HARB's recommendation,
any evidence provided by the applicant, any relevant testimony or
public comment, and any advice, assistance, or guidance provided by
consultants or experts retained by the Borough of Narberth.
K.
The granting or denial of a certificate of appropriateness shall
be in the form of a written resolution that shall include findings
of fact related to the specific proposal and shall set forth the reasons
for the granting, with or without conditions, or for the denial, referring
to such criteria set forth in this chapter that were relevant to Borough
Council's decision.
L.
If Borough Council denies the application, the resolution shall provide
specific recommendations for changes to the proposed plans and specifications
that the applicant could make to meet the applicable guidelines and
be recommended for approval.
M.
A copy of each resolution granting or denying the certificate of
appropriateness shall be provided to the applicant within 10 business
days following the decision of Borough Council. A copy of each resolution
of denial shall also be forwarded to the Pennsylvania Historical and
Museum Commission, as required by the Historic District Act.
A.
Prior to undertaking any of the activities or actions described below in Subsection C on contributing resources within a historic district, a property owner shall have an advisory review meeting with Borough staff or consultants designated by Borough Council if the alteration is visible from a public way and located within the first or second lot layer as defined in the Borough Zoning Ordinance.
(1)
The advisory review meeting shall be required regardless of whether
building or zoning permits are required.
(2)
If the property owner questions whether a contributing resource will
be visible from a public way or whether an advisory review meeting
is otherwise required, the Building Code Official shall investigate
and make a recommendation to the HARB, who shall then make the decision.
In making such a determination, the HARB may consider information
provided by the property owner as well as the public.
B.
No zoning, building, grading, demolition, or other applicable permits
shall be issued for alteration activities described in this section
unless and until an advisory review meeting is held. Applications
for such permits shall not be considered complete unless and until
the advisory review meeting is held.
C.
These activities, when proposed for a contributing resource, require
an advisory review meeting:
(1)
Changing a building's footprint by the addition of building volume.
(2)
Changing a building's height by the addition of whole or partial
stories.
(3)
Changing a building's volume by the addition of towers, turrets,
or spires.
(4)
Changing the shape, slope, or configuration of a building's roofline
by the addition of dormers, sleeping porches or similar features.
(5)
Adding porches, porticos, stoops, or roofs above porches and stoops.
(6)
Adding exterior doors, windows or bay windows.
(7)
Changing the size, shape, or configuration of steps, stairs, or entryways.
(9)
Changing the number, size, shape or placement of exterior door openings
or window openings.
(10)
Changing the number, size, or placement of window openings.
D.
Applications for an advisory review meeting shall be submitted to
the Building Code Official in a form and manner as specified by the
Building Code Official along with an application fee as established
by Borough Council resolution. The application requirements may require
different information for different types of projects.
E.
The Building Code Official shall verify that an application for an
advisory review meeting meets the submission requirements and shall
forward all technically complete applications, together with any plans
and other documentation submitted therewith, to the staff or consultants
designated by Borough Council to hold an advisory review meeting within
10 business days. Such designated staff or consultants shall have
expertise in architecture and historic preservation.
F.
The designated Borough staff member or consultant shall hold an advisory
review meeting with the applicant within 40 calendar days of receiving
the application unless an extension or deferral is agreed to by both
the applicant and the Borough.
G.
After the advisory review meeting has taken place, the Building Code
Official shall be notified within 10 business days by the Borough
staff member or consultant conducting the advisory review meeting.
H.
Once this notice has been received by the Building Code Official,
any other permits required shall be processed as normal.
I.
The Borough staff member or consultant conducting the advisory review
meetings shall prepare a monthly report summarizing the issues discussed
and provide it to the HARB.
A.
Borough Council may authorize Borough staff or designated consultants
to administratively approve certificates of appropriateness for alterations.
B.
Administrative approvals for certificates of appropriateness shall
be in accordance with guidelines adopted by Borough Council that specify
the alterations that may be reviewed and approved administratively
and the criteria necessary for approval. The guidelines shall be developed
by the HARB and adopted by Borough Council by resolution.
C.
Following adoption of the guidelines, Borough staff or Borough-designated
consultants may issue administratively approved certificates of appropriateness
for applications that meet the administrative review guidelines without
further review by the HARB or Borough Council.
D.
Borough Staff may elect to refer an application to the HARB for consideration,
even if staff is authorized to review the alteration under the administrative
approval guidelines. Such referrals may be made if:
(1)
Staff determines that the application does not meet the administrative
review guidelines and should otherwise be denied; or
(2)
In staff's sole opinion, the application contains actions or proposals
or involves contributing resources that are complex in nature, unique,
or are beyond the scope and intent of the guidelines.
E.
If Borough staff declines to review a proposed alteration, such staff
member shall inform the applicant, in writing, and the applicant shall
proceed with the review process as described in this chapter.
F.
Staff shall provide the HARB with a report of administratively approved
certificates of appropriateness at each regular HARB meeting. Borough
Council shall formally approve the issuance of the administratively
approved certificates of appropriateness at a Borough Council meeting.
No certificate of appropriateness administratively approved by staff
shall be retroactively denied or rescinded unless the applicant has
misrepresented the scope or type of the alteration.
A.
In the event that a contributing resource is determined to pose an
imminent and immediate threat to its occupants, adjoining properties,
or the public as a result of structural instability, a certificate
of appropriateness for full or partial demolition may be issued by
the Building Code Official.
B.
The determination of structural instability shall be made by the
Building Code Official after consultation with the Borough Engineer.
C.
Within 24 hours following demolition, the property owner shall take
all necessary and appropriate actions to secure the contributing resource
from the elements, trespass, vandalism, and further deterioration
and comply with all other applicable code requirements.
D.
The permitted demolition shall be limited to those actions necessary
to adequately abate the imminent threat posed by the contributing
resource. In the event of a partial demolition, further demolition
of the contributing resource shall require a certificate of appropriateness.
A.
Contributing resources shall be maintained in good repair, structurally
sound, and reasonably protected against decay, deterioration, and
vandalism so as to prevent demolition by neglect. No property owner
shall permit a contributing resource to fall or continue to fall into
a state of disrepair so as to result in the deterioration of any exterior
architectural feature which would produce a detrimental effect upon
the character of the historic district as a whole, neighboring properties,
or the life and character of the property itself.
B.
Demolition by neglect is the failure to perform routine maintenance
and/or failure to secure a property from pests or vandals, and/or
failure to take reasonable measures to prevent ingress of water or
wind through the roof, walls, or apertures, leading to deterioration
and/or structural failure. Demolition by neglect may be characterized
by any or all of the following conditions, singularly or in combination
with each other, over a period of time:
(1)
Deterioration of exterior walls, foundations, or other vertical support
that causes leaning, sagging, splitting, listing, or buckling.
(2)
Deterioration of flooring, floor support, roofs, or other horizontal
members that causes leaning, sagging, splitting, listing, or buckling.
(3)
Deterioration of exterior chimneys that causes leaning, sagging,
splitting, listing, or buckling.
(4)
Deterioration or crumbling of exterior stucco, plaster, or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
(6)
Defective protection or lack of weather protection for exterior wall
and roof coverings, including holes and openings, or weathering due
to lack of paint or other protective coating.
(7)
Deterioration of any features resulting in a hazardous condition.
C.
The Building Code Official may issue a finding of demolition by neglect
in the following manner:
(1)
Any person, entity, or organization may submit information to the
Building Code Official regarding the potential demolition by neglect
of a contributing resource. The Building Code Official may also acquire
such information through other means, including personal observation.
(2)
Upon receiving information, the Building Code Official may visit
the property and document the observed exterior conditions from the
public right-of-way or access the property with the permission of
the property owner.
(3)
If the Building Code Official believes that demolition by neglect
is occurring or is likely to occur, they shall notify the property
owner, in writing, of the observed conditions within 10 business days
of the initial inspection. The property owner may provide the Building
Code Official with information related to the property's maintenance
and or repair within 30 calendar days of receiving notice from the
Building Code Official.
(4)
The Building Code Official may make subsequent inspections of the
property, noting any changes to previously documented conditions,
newly formed conditions, and any repairs or abatement actions taken.
(5)
If the property owner does not address the documented conditions
or take substantial steps to address the documented conditions within
30 days of receiving notice from the Building Code Official, the Building
Code Official shall issue a finding of demolition by neglect if, in
their estimation, the property has or will soon be damaged beyond
repair or will pose a threat to the health and safety of the occupants,
adjacent properties, or the public. In determining whether and when
to issue such a finding, the Building Code Official shall act in a
time frame that avoids the development of dangerous or irreparable
conditions to the greatest extent possible.
(6)
The Building Code Official shall send a copy of the finding of demolition
by neglect to the property owner within 10 business days and provide
copies to the HARB and Borough Council.
(7)
A finding of demolition by neglect shall be considered by the HARB
and Borough Council during any application for demolition or a claim
of economic hardship.
(8)
Any condition observed by the Building Code Official may be subject
to enforcement actions, procedures, and penalties as defined in the
Property Maintenance Code and other applicable laws and ordinances.
If the provisions of the Property Maintenance Code conflict with the
provisions of this chapter, the provisions of the Property Maintenance
Code shall control.
D.
Unoccupied buildings and structures shall be properly sealed, fenced
off, and utilities turned off for safety, at the property owner's
expense.
E.
Enforcement notices filed by the Building Code Official for violations of the Property Maintenance Code for properties identified as a contributing resource for the demolition by neglect conditions set forth in Subsection B above shall automatically constitute a finding of demolition by neglect if the enforcement notice is not timely addressed to the satisfaction of the Building Code Official or appealed by the landowner.
Any applicant whose application for a certificate of appropriateness
is denied by Borough Council may appeal that denial to the Montgomery
County Court of Common Pleas within 30 calendar days of receipt of
the resolution of denial or take any other action authorized by law.
A.
The Building Code Official shall be responsible for enforcing the
requirements and decisions of Borough Council made pursuant to this
chapter and pursuing all penalties and remedies in equity and law
as may be appropriate. Violations shall be considered criminal in
nature.
B.
Failure to obtain a certificate of appropriateness as required under
this chapter shall constitute a violation. Any applicant or property
owner who has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable thereof in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Borough as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge, determining that there has
been a violation, further determines that there was a good-faith basis
for the person, partnership or corporation or other entity violating
this chapter to have believed that there was no such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge, and, thereafter, each day that
a violation continues shall constitute a separate violation. All judgments,
costs, and reasonable attorney fees collected for the violation of
this chapter shall be paid over to the Borough.
C.
In case any violation of this chapter, in addition to other remedies
provided by law, any appropriate action or proceeding by authorized
legal process may be instituted or taken to prevent a violation or
to restrain, correct or abate a violation, or to prevent any illegal
act, conduct, business or use of property.
D.
The Building Code Official may issue stop-work orders for activities
proceeding without certificates of appropriateness. Such order may
remain in effect until such time as the property owner has properly
obtained a certificate of appropriateness. During the period of the
stop-work order is in effect, any and all other permits and approvals
issued for the property shall also be suspended until a certificate
of appropriateness is obtained. If a certificate of appropriateness
is subsequently denied, the property owner shall be responsible for
restoring the property to its previous condition.
E.
Property owners shall adhere to the requirements and specifications
contained in the certificate of appropriateness. Deviations from the
approved plans shall be considered a violation.
F.
Failure to obtain a certificate of appropriateness for demolition
of a contributing resource shall be a violation. In addition to all
other penalties, no zoning, grading, or building permits shall be
issued for the property for one year following the date of an unauthorized
demolition.
