1. Upon review by the Historical Commission and the Planning Commission in accordance with this Chapter, and where approved by the Board of Supervisors as a conditional use, additional use or adaptive re-use opportunities may be permitted for a resource, beyond those otherwise permitted in the underlying zoning district in which the resource is located. Where permitted, and subject to the provisions of this Article, such use opportunities shall be available in addition to or in place of any use currently being made of the resource.
A. Additional use and adaptive reuse opportunities for which resources are eligible shall include any use permitted in the underlying base zoning district and, where the resource is not intended as part of a subdivision and/or land development, shall also include, by conditional use approval:
(1) Residential conversion of the resource notwithstanding any other residential use or structure on the subject property, e.g., conversion of a barn to an apartment.
(2) Home occupation.
(3) Bed and breakfast.
B. Additional use and adaptive reuse opportunities for which resources are eligible shall include any use permitted in the underlying base zoning district and, where the resource is intended as part of a larger subdivision and/or land development, shall also include, by conditional use approval:
(1) Those uses identified in this Article, when appropriately incorporated as part of the subdivision and/or land development.
(2) Appropriate reuse of a resource as a single dwelling unit within a proposed residential development may entitle the owner/applicant to include the resource in addition to the underlying dwelling unit density requirements otherwise applicable to the proposed development.
(3) Open space requirements for a residential development may be satisfied, in part, by including the lot area upon which a structure is proposed to be situated, in the open space calculation, provided that said lot area is privately deeded to the owner(s) of the resource and the lot is deed restricted against further subdivision.
(4) Appropriate reuse of a resource in a commercial development may entitle the owner/applicant to exclude the area of the resource from the impervious coverage requirements otherwise applicable to the proposed development, provided that the impervious coverage of the resource shall be included in any stormwater management design.
C. Except as provided in this Article to the contrary, the additional use and adaptive reuse opportunities provided for in this Section, shall otherwise comply with specific bulk, area and other requirements of the Township Zoning and Subdivision and Land Development Ordinances as well as all other Township codes, rules and regulations applicable to such uses and development.
2. In addition to satisfying the requirements of the Township Zoning Ordinance [this Chapter], governing conditional uses, the applicant for any additional use or adaptive reuse shall also have the burden and obligation to demonstrate compliance with the specific requirements for conditional use approval set forth in this Article.
(Ord. 3-2005 ,7/20/2005)
Upon review by the Historical Commission and Planning Commission in accordance with this Article, and where approved by the Board of Supervisors as a conditional use, requested modifications to applicable lot area, lot dimension, yard requirements or any otherwise applicable area and bulk regulation may be permitted for the resource (only), provided that such modification does not constitute more than a 25% deviation from any single existing area or bulk condition. In all cases, the applicant shall demonstrate that such modification is necessary for the preservation and protection of the resource under the proposed plan(s) for the resource.
(Ord. 3-2005, 7/20/2005)
Where additional use or adaptive reuse opportunities for resources are permitted by conditional use in this Article, the applicant shall have the burden to establish the following, in addition to the conditional use requirements.
A. All otherwise applicable standards and criteria set forth in this Article for conditional use approval shall be complied with to the satisfaction of the Board of Supervisors.
B. The granting of conditional use approval shall be deemed to be necessary to the preservation and protection of the resource(s).
C. Any plans involving the enlargement of the resource(s) shall not provide for reduction in excess of 25% of any single area and bulk condition in existence on the effective date of adoption of this Article.
D. In granting conditional use approval, the applicant shall satisfy the Board of Supervisors that adequate water supply and sewage disposal will be provided.
E. Where plans involving a resource(s) under this Section result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be tightly sealed and barred off in a manner not jeopardizing historical integrity, and the utilities turned off for safety.
F. Except where the applicant can demonstrate: (1) that such compliance will be clearly detrimental to the preservation and protection of the resource; (2) that neighboring properties and the community will not suffer any material detrimental effects from such noncompliance; and (3) where public health, safety, and welfare are otherwise are shown to be adequately protected, all other applicable standards contained in this Article and all other codes of the Township shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.
G. In granting conditional use approval, the Board of Supervisors may require as condition(s) of approval adherence to the Secretary of the Interior's standards for rehabilitation of historic structures for any plans involving the rehabilitation, alteration, or enlargement of a resource(s).
H. In granting conditional use approval in accordance with this Section, the Board of Supervisors may require means to guarantee permanent protection of the historical integrity of the resource(s).
I. The Board of Supervisors may impose such reasonable conditions and safeguards as it may deem necessary to effectuate the intent of this Article.
(Ord. 3-2005, 7/20/2005)
1. An applicant seeking conditional use approval under the provisions of this Section shall submit an application for conditional use approval to the Township in accordance with the Township Zoning Ordinance, and this Article. In addition to any other information specifically required by the application, the application shall include a detailed depiction of the proposed use(s), any physical changes proposed for the affected resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.
2. Upon receipt and acceptance of a completed application, the Township shall forward a copy of the application to the Historical Commission and or the Planning Commission. Within 30 days of receipt of a complete application by the Township, the Historical Commission and Planning Commission at their respective regular meetings or at a joint or a special public meeting, shall review the application for conditional use. The applicant will be notified of the meetings by the Township at least 10 days prior to the dates of said meetings and shall have the opportunity to present the reasons for filing the application.
A. In reviewing requests for conditional use approval involving modification of area and bulk regulations, the Historical Commission shall evaluate whether the proposed modifications are necessary to preserve or protect the resource or an identified historic district within the Township.
B. Where the application involves physical changes to resource(s) and/or the surrounding landscape, the Historical Commission shall review the proposed changes and make recommendations as to their appropriateness.
C. The Planning Commission shall review the application for, among other things, its impact on the health, safety and welfare of the Township including, but not necessarily limited to, traffic impacts, water supply and sewerage.
3. Recommendations of the Historical Commission and Planning Commission shall be transmitted in the form of written reports to the Board of Supervisors and shall include suggestions for specific changes to proposed plans, if any. The written reports of the Historical Commission and Planning Commission shall be admissible at public hearing provided that the chairman or author of the report shall testify and be subject to cross-examination at such hearing unless his or her presence is waived by the applicant. If the Historical Commission and/or Planning Commission does not transmit its recommendations to the Board by the date set by the Board for public hearing to consider the application for conditional use approval, then it shall be deemed that the Commission(s) recommend the approval of the application.
4. The Board of Supervisors shall hear and act upon the application in accordance with the provisions of the Township Zoning Ordinance.
(Ord. 3-2005, 7/20/2005)
1. Applicability. An historic resource impact study, unless waived by the Board of Supervisors, shall be submitted to the Township for any subdivision, land development, land disturbance, or exterior structural alteration (including application for demolition) of a resource or to a building:
A. Within 250 feet of the exterior walls of a resource or within an identified historic district in the Township.
B. Within 200 feet of the boundary of any identified historic district within the Township.
C. Within 200 feet of the exterior walls of an identified historic resource or within 200 feet of the boundary of any identified historic resource in an adjacent municipality.
2. The historic resource impact study shall be prepared by a qualified profes- sional in historic preservation, historical architecture, or related field or profession.
3. Contents. The historic resource impact study shall contain, at a minimum, the following information in a form acceptable to the Township.
A. Background Information.
(1) Name of record owner.
(2) Inventory number of all resources on the subject tract from the HRI and HRM.
(4) Site plan which includes and depicts the requirements of this Section K.3, including without limitation, all resources and contributing resources, together with all other buildings and structures.
(5) A general site description, including topography, watercourses, vegetation, landscaping, existing drives, etc.
(6) General description and classification (from HRI) of all resources located on tracts immediately adjacent to the subject tract or road, or within 200 feet of the subject property or tract.
(7) Physical description of all Class I or II Historic Resources identified in subparagraph (2), above.
(8) Statement of the significance of each Class I or II Historic Resource. both relative to the Township and region in general.
(9) Sufficient number of black and white 8 inch x 10 inch photographs to show every resource identified in subsection .1.B, above, in its setting. Photographs shall also be submitted on an electronic or digital media acceptable to the Township. Photographs shall include, but not be limited to, every face or elevation view of the resource.
(10)Narrative description of the historical development of the subject property or tract.
B. Proposed Change.
(1) General description of project, including timetable or phases.
(2) Description of impact on each Class I or II Historic Resource identified in subsection 1.A, above, and the surrounding property or site, with regard to architectural integrity, historic setting, and future use.
(3) General description of effect of noise and traffic and other impacts generated by the proposed change in each Class I or II Historic Resource.
C. Mitigation Measures. Recommendations for mitigating the project's impact on Class I or II Historic Resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measures permitted under the terms of this Article and other Township codes, rules and regulations.
(Ord. 3-2005, 7/20/2005)
1. Applicability of Demolition Permit Requirement.
A. No Class I nor Class II Historic Resource may be demolished, in whole or in part, unless a demolition permit is obtained from the Township in accordance with the procedures and requirements of this Section, and other applicable standards and procedures of this Article and the Township Building Code.
B. Demolition by neglect, which shall be defined as the willful failure to provide ordinary and necessary maintenance and repair to a building or structure located in an historic district, or to a resource, except for ruins existing at the time of adoption of this Article, by willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions, is prohibited and is a violation of this Article:
(1) Deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.
(2) Deterioration of exterior walls, roofs, chimneys, or windows; the lack of adequate waterproofing; or deterioration of interior features or foundations which will or could result in permanent damage or loss of exterior features.
(3) Deterioration resulting from a building or structure having been left open or vulnerable to vandalism or decay by the elements. Unoccupied resources shall be tightly sealed and barred off and the utilities turned off for safety.
C. These provisions shall not be construed to prevent the ordinary mainte- nance or repair of any building, structure, site, or object where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building, structure, site, or object and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
2. Procedure for Obtaining Demolition Permit.
A. The applicant shall submit to the Township one copy of an application for a demolition permit, obtainable from the Township. If the Township determines that the permit request is for the demolition of a resource, the Township shall not issue the demolition permit and the application shall be forwarded to the Historical Commission for review.
B. Information to be Provided. In addition to applicable requirements under this Article and the Township Building Code, an applicant seeking a permit to demolish a resource shall provide the following information:
(1) Owner of record.
(2) Site plan showing all buildings and structures on the property.
(3) Recent photographs of the resource proposed for demolition.
(4) Reasons for the demolition.
(5) Proposed method of demolition.
(6) Intended future use of the site and of the materials from the demolished resource.
(7) An historic resource impact study in accordance with the terms of this Article.
C. Review by Historical Commission. Within 30 days of receipt of a complete application from the Township, the Historical Commission, at a regular or special meeting, shall review the application for demolition. The applicant will be notified of the meeting by the Township at least 10 days prior to its date and shall have the opportunity to present the reasons for filing the application. The Historical Commission shall consider the following:
(1) The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring resources, if any.
(2) Whether the applicant has demonstrated that he has considered all alternatives to demolition.
(3) Economic feasibility of adaptive reuse of the resource proposed for demolition.
(4) Whether the resource in its current condition presents a threat to public safety.
(5) Whether the resource has been intentionally neglected.
(6) Whether the retention of the resource would represent an unreasonable economic hardship on the applicant.
D. Historical Commission Recommendation. Within 30 days following conclusion of the meeting, the Historical Commission shall set forth its recommendations in a written report to the Board of Supervisors:
(1) Immediate Approval. After reviewing demolition permit application with attachments, the Commission may recommend approval of the demolition permit.
(2) Delay of Demolition. Alternatively, the Commission may recommend delay of demolition permit.
3. Approval of Demolition Permit or Delay of Demolition by the Board of Supervisors.
A. Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application, together with the recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes, or defer their decision, affording a delay of demolition for up to 90 days. The applicant shall be notified of the meeting by the Township at least 10 days prior to its date, and shall have the opportunity to present the reasons for filing the application. Within 5 days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Township Building Department.
B. Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Township Code Enforcement Department to issue the permit. Where the approval is granted with conditions attached, the Township Building Department Officer shall be authorized to issue the permit upon receipt from the applicant of written acceptance of those conditions, all of which shall be noted upon the demolition permit.
4. Delay of Demolition.
A. The specified period of delay up to 90 days shall be used to provide an opportunity to engage in discussion with the applicant about alternatives to demolition; to provide an opportunity for complete historical documentation of the resource; and/or for preparation of a financial analysis, if required. During the delay period, the applicant shall make the resource reasonably available to the Historical Commission or Township Supervisors for inspection and documentation.
B. For Class II Resources, the Commission may recommend approval of the demolition permit and may so advise the Board of Supervisors not later than the end of the applicable 90-day delay time period. The Board of Supervisors shall act upon the application for demolition of Class II Resource(s) in accordance with this Section, prior to the expiration of the 90-day delay period, whether it receives a recommendation from the Historical Commission or not.
C. Special Provisions for Class I Historic Resources.
(1) Documentation of Class I Historic Resources. When prescribing the delay of demolition for a Class I Resource, the Board of Supervisors may require the applicant to provide additional or supplemental documentation of the resource proposed for demolition. Such documentation may include, as available: historical data, surveys. and other data provided by local, State, and Federal historic preservation organizations and agencies; photographs; floor plans; measured drawings; archaeological surveys (if appropriate); and any other form of documentation recommended by the Historical Commission. Where necessary, the delay may continue beyond the stipulated 90 days until the applicant has sufficiently satisfied the documentation requirements.
(2) In cases where the applicant specifically alleges that demolition of the resource is necessary due to undue economic hardship upon the applicant or the lack of a reasonable economic alternative, the Board of Supervisors may, during the period of delay, request that the applicant prepare and submit a financial analysis to the Board. When required, the financial analysis should include the following information, as applicable and available:
(a) Amount paid for the property and present market value.
(b) Date of purchase and party from whom purchased, including a description of the relationship, if any, whether business or familial, between the owner and the person from whom the property was purchased.
(c) Assessed value of the land and improvements thereon according to the most recent assessment.
(d) A pro forma financial statement prepared by an accountant or broker of record.
(e) All appraisals obtained by the owner in connection with his purchase, financing or insuring of the property, or during his ownership of the property, if any.
(f) Bona fide offers to sell or rent the property, the price requested and offers received, if any.
(g) Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses; incentives which could be offered by the Township to preserve the resource; and any input from local, State, or Federal historic preservation and architectural organiza- tions or agencies.
(h) Where relevant, written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.
(3) Historical Commission Recommendation. At the commencement of the 90-day delay period for Class I Resources, the Historical Commission shall review the application again and any further documentation requested by the Board of Supervisors at its next regular meeting. The Commission may recommend to the Board of Supervisors approval of the demolition permit or, where the Commission does not believe that the applicant has proven undue economic hardship or the lack of a reasonable alternative, recommend denial of the demolition permit. The Historical Commission shall communicate its recommendation in writing to the Board of Supervisors within 30 days after the commencement of the 90-day delay period.
(4) Approval or Denial of Demolition Permit for Class I Resources after Delay of Demolition.
(a) At its next regular meeting after receiving the recommendation from the Historical Commission, or at a special meeting if necessary to comply with time limitations periods of this Section, unless an extension of time has been granted by the applicant, the Board of Supervisors shall again consider the application, together with the recommendations of the Historical Commission and any further documentation which has been provided, and vote either to approve the application for the demolition permit as submitted or to approve the application subject to stated conditions or to deny the application.
(b) Denial of Application. Where the Board acts to deny the application, a notice of denial shall be sent to the applicant indicating what changes in the plans and specifications, if any, would be sufficient to meet the standards of this Article and allow the approval of the demolition permit.
(c) Action by the Board of Supervisors, including appropriate notification to the applicant, shall occur prior to the expiration of the 90- day delay period, or such other time as the applicant and Board of Supervisors may agree.
(Ord. 3-2005, 7/20/2005)
