The application review procedure is as follows:
A.
Upon receipt of a completed application for a building permit(s)
or a certificate of appropriateness for work to be done in the district,
the Code Administrator shall act in accordance with the procedures
being followed in that office, except those procedures that are modified
by the following requirements:
(1)
The Code Administrator shall determine whether the work proposed
needs to be forwarded to the HDC staff for administrative approval
review. If not, he shall forward copies of the completed application
for a building permit(s) together with copies of any plot plan and
building plans and specifications filed by the applicant to the HDC.
(2)
The Code Administrator shall not issue a building permit(s) for any
erection, alteration, reconstruction, repair, restoration or demolition
of all or part of any building in the district until Easton City Council
has issued a certificate of appropriateness (COA) or if administrative
approval was granted. If the Code Administrator or his or her representative
issues a building permit(s) without a COA or administrative approval
due to an administrative or clerical error, said building permit(s)
shall be voided.
[Amended 7-26-2023 by Ord. No. 5830]
(3)
The Code Administrator shall require applicants to submit a sufficient number of additional copies of material required to be attached to a completed application for a building permit(s) or certificate of appropriateness so that the information needed to make the determination set forth in Subsection G(1) through (8) will be available.
(4)
The Code Administrator shall maintain in his office a record of all
such applications and final dispositions of the same.
B.
Upon receipt of a completed land development application, the Director
of Planning and Codes, or designee, shall determine if the project
requires review and comment by the Historic District Commission prior
to review by the Easton Planning Commission or Zoning Hearing Board.
C.
Board review of applications. Upon receipt of a completed building
permit(s) or certificate of appropriateness application under the
jurisdiction of this chapter, the HDC shall consider such at its next
regularly scheduled meeting or special meeting. The Board may require
an applicant to produce supportive materials as it sees fit to render
its decisions.
D.
Notification of applicant of the HDC meeting. The owner of record
or his or her representative(s) applying for a certificate of appropriateness
and/or building permit(s) shall be advised of the time and place of
said meeting and be invited to appear to explain his or her reasons
at least 10 days before the HDC meeting. The HDC may invite such other
persons as it desires to attend its meeting.
E.
Design guidelines. In determining both oral and written recommendations to be presented to Easton City Council concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, alteration, reconstruction, repair, restoration, demolition, or demolition by neglect of all or part of any building within the Historic District, the HDC shall consider the design guidelines set forth in Article V and such design guidelines developed by the HDC pursuant to and congruent with the objectives of this chapter.
F.
Time frame for Board decision. The HDC shall render a decision and
recommendation on any application for a building permit(s) under its
review no later than 20 working days after the hearing/meeting provided
for in Section 401 of the Ordinance and shall submit, in writing,
to Easton City Council recommendations concerning the issuance of
a certificate of appropriateness.
G.
Application disapproval by the HDC.
(1)
If the HDC decides to advise against the granting of a certificate
of appropriateness, it shall so indicate to the applicant for a building
permit(s). The disapproval shall indicate to the applicant the changes
in plans and specifications, if any, which would protect:
(2)
The HDC shall withhold its report for five 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 or she will
make the necessary changes, he or she shall so advise the HDC, which
shall in turn advise Easton City Council accordingly.
H.
Contents of written report. The written report to Easton City Council
concerning the HDC's recommendation on the issuance of a certificate
of appropriateness shall set out the findings of fact that shall include
but not be limited to the following matters:
(1)
The exact location of the area in which the work is to be done.
(2)
The exterior changes to be made or the exterior character of the
structure to be erected.
(3)
A list of the surrounding structures with their general exterior
characteristics.
(4)
The effect of the proposed change upon the general historic and architectural
nature of the district.
(5)
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
(6)
The general design, arrangement, texture, and material of the building
and the structure, and the relation of such factors to similar features
of building or structures in the district.
(7)
The opinion of the HDC (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.
(8)
The specific recommendations of the HDC based on findings of fact
as to the issuance by Easton City Council or its refusal to issue
a certificate of appropriateness.
(9)
In any recommendation to reject, set forth what changes in the plans
and specifications would meet the requirements consistent with the
distinctive historical character of the district and architectural
integrity of the building and structure.
[Added 7-26-2023 by Ord.
No. 5830]
I.
Notification of applicant by Easton City Council of its consideration. Upon receipt of the written report from the HDC as provided in Subsection G hereof, the Easton City Council shall consider at the next regular scheduled or special meeting the question of issuing to the Code Administrator a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the City of Easton of the time and place of the meeting at which his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing this application.
J.
Design guidelines. In determining whether or not to certify to the appropriateness of the proposed erection, alteration, reconstruction, repair, restoration or demolition of all or a part of any building within the Historic District, Easton City Council shall consider the same factors as the HDC set forth in Article V above. In all cases the Secretary of the Interior's Standards for Rehabilitation should be followed.
K.
Approval by Easton City Council. If City Council approves the application,
it shall issue a certificate of appropriateness authorizing the Code
Administrator to issue a building permit(s) for the work covered.
L.
Disapproval by Easton City Council and written adjudication.
[Amended 7-26-2023 by Ord. No. 5830]
(1)
If City Council disapproves, a written reason(s) shall be given to
the Code Administrator, the applicant and to the Pennsylvania Historical
and Museum Commission. Absent Council requesting the inclusion of
additional reasons for its action, the recommendations of the HDC
shall become the adjudication of City Council. The recommendation
for disapproval shall include what changes in the plans and specifications
would meet the conditions for protecting:
(2)
Upon receipt of a written disapproval of Easton City Council, the
Code Administrator shall disapprove the application for a building
permit(s) and advise the applicant. The applicant may appeal this
disapproval to the Northampton County Court of Common Pleas within
the time specified by law.
(3)
Any applicant may request a hearing before City Council following
the issuance of a recommendation by the HDC, in which event the applicant
shall have the option to arrange for a stenographer or advise the
City to do so at least 10 days before the hearing and a deposit of
$400 to cover the cost of the stenographer. Any funds not expended
will be refunded.
(4)
In the event an applicant who had received a positive recommendation for issuance of a COA is thereafter denied the COA by City Council, said applicant may request a rehearing before HDC by filing a written request delivered to City Council within 10 business days of receipt of the initial notice of Council's action, in which event the provisions concerning a stenographer in Subsection L(3) shall be applicable. Such written notice of rehearing shall allow a de novo hearing before City Council on the issues, and no written adjudication shall be required; the forty-five-day period to run following action at the rehearing.
M.
Final notification by Easton City Council. In either case of approval
or disapproval the City of Easton shall notify the applicant of its
decision within five business days of actual action on the application,
with a written adjudication within 45 days of the vote only in such
circumstances where a COA has been denied, after a positive recommendation
by the HDC. Otherwise, the HDC's recommendations submitted to
City Council shall serve as the written reasons for Council's
action, incorporated by reference in the five-day notice.
[Amended 7-26-2023 by Ord. No. 5830]
N.
Expiration of approval. A certificate of appropriateness shall be
deemed to have been abandoned one year after date of issue unless
a building permit is issued for the work covered; provided, however,
that if the approvals necessary for the issuance of a building permit
have been diligently prosecuted, and for reasonable cause, the Chief
Code Administrator may grant up to two extensions of time for additional
periods not exceeding 180 days each.
[Added 7-26-2023 by Ord.
No. 5830]
