Historic Preservation

PROPOSED

ORDINANCE NO. 273

AN ORDINANCE CREATING AN HISTORICAL COMMISSION TO BE KNOWN AS THE WHITPAIN TOWNSHIP HISTORICAL COMMISSION AND PROVIDING FOR MEMBERSHIP THEREOF AND PROCEDURES FOR APPOINTMENT THERETO, TERMS OF OFFICE AND THE FILLING OF VACANCIES THEREFOR

BE IT ENACTED and ORDAINED, and it is hereby ENACTED and ORDAINED,  Board of Supervisors of Whitpain Township as follows:

Section 1. Creation of Historical Commission and Terms of Office. The Board of Supervisors of Whitpain does hereby create the Whitpain Township Historical Commission to consist of five (5) persons to be appointed by the Whitpain Township Board of Supervisors.The members of the Commission shall be appointed for a term not to exceed five (5) years, with the original appointments begin of staggered terms of one (1) to five (5) years so that one (1) member’s term shall expire on December 31^st of each year and the person appointed for the expired term shall be appointed or re-appointed for a period of five (5) years. Notwithstanding the foregoing, a member whose term has expired shall serve until that member’s successor has been appointed and is qualified to serve. There shall be no limitation to the number of terms an individual may be appointed to serve on the Commission.

Section 2. Qualifications and Compensation. All members appointed to the Commission by the Board of Supervisors shall be residents of Whitpain Township and shall no longer be eligible to be members of the Commission if they move from the Township. The members of the Commission shall serve without compensation except for such expenses that any member shall incur in connection with their duties on the Commission, all of which the Board of Supervisors must approve expenditures, in advance.

Section 3. Officers and Meetings. The Commission shall elect from among its membership, by majority vote of the members present, at its first meeting and at the first meeting of January of every year thereafter, a Chairperson, Secretary and such other officers as the Commission may deem necessary to the performance of the Commission’s duties and functions.No Officers elected or appointed by the Commission shall be entitled to any compensation for his or her services as an Officer of the Commission.

The Commission shall convene at least one (1) meeting each year during the month of January for the purpose of organization and election of Officers and to conduct such other business as may come before the Commission. Written notice of the January meeting shall be mailed to the members by the Secretary of the Commission at least ten (10) days prior to the date scheduled for the meeting. Thereafter, meetings of the Commission shall be scheduled by the Chairperson of the Commission, or in such other manner as the Commission may determine by a majority vote of members in attendance.If the Commission determines to conduct regular meetings at specific times during the year, the Commission shall notify the Township Supervisors of the date and time of those meetings and the schedule of the regular meeting shall be advertised in a newspaper of general circulation within Whitpain Township and shall be advertised on the Township Website.If, after the first meeting in January it is determined that future meetings of the Commission shall be convened at the call of the Chairperson, or in the event that special meetings are required by determination f the Chairperson, such meeting shall be advertised in a newspaper of general circulation of general circulation with Whitpain in accordance with the provisions of the Sunshine Act of the Commonwealth of Pennsylvania and shall be advertised on the Township Website.

Section 4. Budget. The Commission shall submit a proposed annual budget for consideration by the Supervisors as directed by the Township Financial Manager or Township Manager.The proposed annual budget shall set forth all proposed expenditures, consultant fee requests and costs of projected programs.The Commission shall have no authority to obligate the Township of Whitpain for the payment or reimbursement of contracts or other expenditures unless and until the same shall be specifically authorized by action of approval by the Supervisors.

Section 5. Duties. The Commission shall undertake the following functions and responsibilities in advising the Supervisors about the identity and preservation of historical sites, buildings, structures, papers, documents, relics, or other resources of historic significance to Whitpain Township:

1. Conduct or cause to be conducted, investigations on historical matters relating to Whitpain Township and report the same for public information;

2. Collect and disseminate, or cause to be collected and disseminated, any data and information relevant to historic building, structures, papers, documents, relics, or other resources of historic significance located in Whitpain Township;

3. Publish, or cause to be published, a pamphlet or report designating the historical building, structures, papers, documents, relics, or other resources of historic significance located in Whitpain Township;

4. Make recommendations for suitable plaques or markers to distinguish historical building, structures, papers, documents, relics, or other resources of historic significance located in Whitpain Township;

5.  Assist or cooperate with any qualified historical society conducting investigation of historical building, structures, papers, documents, relics, or other resources of historic significance located in Whitpain Township;

6. Recommend to the Supervisors a suitable repository and place for display of historic papers, documents and relics within the Township;

7. Cooperate with and encourage the activities of local Township residents and the existing historical societies within and surrounding Whitpain Township to serve the historic interests of Whitpain Township;

8. Make reports to the Township Supervisors from time to time, but no less than annually in December of each year, providing detail of the annual activities of the Commission, including its recommendations for the implementation of historic preservation of the historical building, structures, papers, documents, relics, or other resources of historic significance located in Whitpain Township;

9. When requested by the Supervisors and to implement the specific role of the Commission under the provisions of the Historic Preservation Ordinance provision of the Zoning Ordinance (Chapter 160 §160-174.1 through § 160-174.7) to review matters as directed thereunder and report to the Supervisors.

Section 6. Severability.In the event that any section, sentence, clause, phrase or word of this ordinance shall be declared illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose enforcement of any of the remaining portions of this ordinance.

Section 7. Repealer. All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.

Section 8.  Ratification. Any portions of the Code of the Township of Whitpain which are not specifically repealed or repealed by implication hereby, are hereby ratified and reaffirmed as fully as though set forth herein at length.

ORDAINED and ENACTED by the Board of Supervisors of Whitpain Township this day of, 2001.

ORDINANCE NO. 4-175

AN ORDINANCE AMENDING CHAPTER 160 OF THE CODE OF THE TOWNSHIP OF WHITPAIN, PROVIDING A NEW ARTICLE TO BE KNOWN AS

BE IT ENACTED and ORDAINED and it is hereby ENACTED and ORDAINED by the Board of Supervisors of Whitpain Township as follows:

Section 1. Creation of a New Zoning District to be known as Historic Preservation Overlay District.   The Board of Supervisors of Whitpain Township hereby adopt a new zoning district as part of Chapter 160 of the Code of the Township of Whitpain, to be known as the Historic Preservation District and to be contained in Article XXIIA, §§ 160-174.1 through 160-174.7, providing as follows:

ARTICLE XXIIA

HISTORIC PRESERVATION

Section 160-174.1. PURPOSE. It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural, archeological, educational, and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Whitpain Township.It is therefore the intent of this Article to provide a comprehensive framework for the preservation of historic sites, objects, buildings, structures and districts within the Township, in order to promote the following public purposes:

A. To promote the general welfare by facilitating protection of the historical integrity of the historic resources Whitpain Township.

B. To establish a clear process by which proposed land use changes affecting historic resources can be reviewed.

C. To discourage the unnecessary demolition of historic resources.

D. To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.

E. To encourage the conservation of historic settings and landscapes.

Section 160-174.2. CLASSIFICATION OF HISTORIC RESOURCES.

A. Classification of Historic Resources into Class I and Class II

1. All Historic Resources included in the Whitpain Township Historic Resource Inventory shall be classified as either Class I or Class II Historic Resources in accordance with the definitions in Section 160.174.7.

2. All Historic Resources meeting the general criteria for designation of historic resources in Subsection C of this Section shall be classified as Class II Historic Resources unless classified as Class I.

3. Historic Resources meeting the criteria for definition of Class I in accordance with Section 160.174.7 (i.e., National Register designation or determination of eligibility for the National Register by the PHMC) shall be classified as Class I unless removed from Class I by action of the Board of Supervisors as provided in Subsection B of this Section. Resource(s) not having received formal National Register or PHMC designation may be added to Class I by the Board of Supervisors as provided in Subsection B upon the recommendation of the Historical Commission, where deemed of similar historical significance.

B. Procedure for Addition or Removal of Historic Resources from the Whitpain Township Historic Resources Inventory, or for Change of Classification.

1. The receipt by the Township of written notification from the designating organization (PHMC or National Register) that any Historic Resource no longer meets the criteria upon which its classification has been based shall be treated as a proposal for a change in classification of that Resource (i.e., from Class I to Class II) or for its removal from the Whitpain Township Historic Resource Inventory.

2. Any proposal for addition to or removal from the Whitpain Township Historic Resources Inventory, or for a change in classification (Class I or Class II), shall be considered by the Township in accordance with the following:

3. Any proposal for addition to or removal from the Whitpain Township Historic Resources Inventory, or for a change in classification (Class I or Class II), shall be considered by the Township in accordance with the following:

a. Upon receipt, any proposal regarding resource classification shall be referred to the Historical Commission, which shall hold a public meeting thereon.

b. Unless a property is proposed by the owner(s), such owner(s) shall be notified upon receipt of a proposal affecting their property, and shall be invited to respond to such proposal at or prior to the public meeting.

c. The Historical Commission shall give ten (10) days public notice of the public meeting to consider the proposal, and shall send written notice to the owner(s) of the affected property. Such notice shall be published once and shall indicate the date, time and place of the public meeting at which the Historical Commission will consider the proposal. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Township Treasurer and sent to the “Owner” at the street address of the property in question.

d. Any interested party may present testimony or documentary evidence regarding the proposal at the public meeting, describing how or why the subject property meets the criteria for designation of historic resources set forth in Section E below, or the definitional criteria for Class I set forth in Section 160.174.7, or does not. Such evidence may be presented at the public meeting held to consider the proposal or may be submitted in writing to the Township prior to said meeting.

e. The Historical Commission shall present a written report to the Board of Supervisors within thirty (30) days following the public meeting stating its recommendation regarding the subject proposal, basing upon the criteria established herein. A property shall be recommended for removal from Class I if it does not currently meet the definitional criteria set forth in Section 160-174.7 or is not deemed by the Commission to be of similar historical significance based on the evidence presented at the public meeting or otherwise received by the Commission. Properties removed from Class I shall remain as Class II Historic Resources unless removed from the Historic Resources Inventory altogether. A property shall be recommended for removal from said Inventory if it does not currently meet the criteria for designation set forth in Subsection C of this Section. The report to the Board shall include a summary of the information and copies of all documents presented at the meeting and/or used by the Historical Commission in making its recommendation.

f. Based upon the criteria set forth herein and after receiving the recommendations of the Historical Commission, the Board of Supervisors shall from time to time, by ordinance, add or delete structures, sites and objects to or from the Historic Resources Inventory, or to or from Class I. Written notice of the proposed action of the Board of Supervisors shall be given to the property owner at the time of publication of the proposed ordinance.

C. General Criteria for Classification of Historic Resources.

A structure, site or object, or a complex of the same, may be placed on the Historic Resources Inventory if it meets one or more of the following criteria. Resources designated as Class I also shall meet one or more of the definitional criteria set forth in Section 160-174.7 or shall be deemed of similar historical significance as provided above.

1. Is of significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, County, Region, Commonwealth or Nation, or is associated with the life of a person significant in the past; or

2. Is associated with an event of importance to the history of the Township, County, Region, Commonwealth or Nation, or

3. Embodies an icon associated with an era characterized by a distinctive architectural style; or

4. Embodies distinguishing characteristics of an architectural style or engineering specimen; or

5. Is the noteworthy work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, County, Region, Commonwealth or Nation; or

6. Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

7. Is part of or related to a commercial center, park, community or other distinctive area which should be preserved according to an historic, cultural or architectural motif; or

8. Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or Township; or

9. Has yielded, or may be likely to yield, information important in pre­history or history; or

10. Exemplifies the cultural, political, economic, social or historical heritage of the community.

Section 160-174.3. HISTORIC RESOURCE OVERLAY DISTRICT.

In furtherance or the purposes set forth in Section 160-174.1 of this Article, a separate zoning district is hereby created to overlay all other zoning districts in the Township, to be known as the Historic Resource Overlay District.

A. Applicability.

The provisions of the Historic Resource Overlay District shall apply to all properties containing Class I or Class II Historic Resources as identified on the Whitpain Township Historic Resource Inventory. The properties identified on the Historic Resource Inventory shall constitute an overlay to the Township Zoning Map. Adoption of the Historic Resource Inventory and amendments from time to time shall conform to all procedural requirements for amendment to the Zoning Map.

B. Permitted uses.

The following uses and no other shall be permitted in the Historic Resource Overlay District:

1. Any use permitted in the underlying zoning district in which the property is located.

2. Where approved by the Board of Supervisors as a Conditional Use in accordance with Article XXVII of this Ordinance as well as the specific requirements for conditional use approval set forth in paragraph 160-174.3D of this Article, additional use opportunities may be permitted on properties containing Class I or Class II Historic Resource(s). Such use opportunities may be permitted in place of any use currently being made of the property or as an additional principal and/or accessory use. It is intended that uses not otherwise permitted in the underlying zoning district be principally contained within structures designated as Class I or Class II Historic Resources. Permitted use opportunities may include but are not limited to the following:

a. Any use permitted in the underlying zoning district (i.e., as a second principal use);

b. Home occupation;

c. Business, administrative or professional office, studio or library;

d. Cultural studio, subject to the condition that if access is provided from a local street, the use shall be limited to one class at a time with not more than ten (10) students in the class, and not more than two (2) instructors;

e. Artist studio, crafts workshop or cottage industry employing not more than three (3) persons. Such use(s) may include model making, rug weaving, lapidary work, furniture making and similar crafts;

f. Day Care Facility;

g. Tourist Home;

h. Food preparation or catering facility not involving food consumption, employing not more than three (3) persons on the premises;

i. Personal service shop, including barber, beauty salon, tailor, dressmaking, or similar shop, but not including dry cleaning or laundromat, with a limit of one (1) employee per five-hundred (500) square feet of gross habitable floor area devoted to the service shop use;

j. Repair services, including small appliances, small business machines, watches, household furnishings, shoes, bicycles and locks, but shall not include automobile, truck, motorcycle or lawnmower repair, with a limit of one (1) employee per five-hundred (500) square feet of gross habitable floor area devoted to the repair service use;

k. Conversion Apartments through conversion of any structure designated as a Class I or Class II Historic Resource into one or more dwelling units, subject to the following specific requirements:

l) Except where otherwise provided in the applicable zoning district, where multiple dwellings result from the conversion of a structure designated as a Class I or Class II Historic Resource, no individual dwelling unit shall contain less than eight-hundred (800) square feet of habitable floor area exclusive of garages and basements and the number of such dwelling units shall not exceed the number that can be accommodated within the building utilizing this minimum floor area requirement.No structural addition to the Historic Resource shall increase the number of dwelling units that can be achieved by application of this formula.

2) Each individual dwelling unit created through the residential conversion of an historic resource shall contain its own bathroom and kitchen.

l. Other uses of a similar nature and similar neighborhood impact.

C. Lot Area, Width, Building Coverage, Height and Yard Requirements.

Lot Area, Width, Building Coverage, Height and Yard Requirements otherwise applicable in the underlying zoning district shall apply, except that where approved by the Board of Supervisors as a Conditional Use in accordance with Section XXVII of this Ordinance, as well as the specific requirements for conditional use approval set forth in paragraph 160-174.3D of this Article, requested modifications to applicable lot area, lot dimension, yard requirements or any otherwise applicable area and bulk regulation or design standard for plans affecting Historic Resources may be permitted.In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plan(s).

D. Specific Requirements for Conditional Use Approval.

Where additional use opportunities for Historic Resources and/or modifications to otherwise applicable area and bulk regulations are permitted, the following requirements shall apply:

1. All applicable standards and criteria set forth in Article XXVII for conditional use approval shall be complied with to the satisfaction of the Township;

2. The granting of conditional use approval shall be deemed to be necessary to the preservation of the Historic Resource(s).

3. To the extent applicable, the Secretary of the Interior’s Standards for Rehabilitation of Historic Structures shall serve as guidelines for any plans involving the rehabilitation, alteration, or enlargement of structures designated as Class I or Class II Historic Resources. In approving a conditional use, the Board of Supervisors may set conditions requiring compliance with the Secretary of the Interior’s Standards for Rehabilitation, as applicable.

4. In granting conditional use approval in accordance with this section, the Board of Supervisors shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.

5. Where plans involving Historic 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.

6. In granting conditional use approval in accordance with this section, the Board of Supervisors may require as a condition of approval the establishment of conservation easement(s) or other means to guarantee permanent protection of the historical integrity of the subject resource(s).

7. Except where clearly detrimental to historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this ordinance shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.

8. The Board of Supervisors may deny the request for additional use or for modification of area and bulk regulations where, upon the review of the Historical Commission, it deems the proposal to be unacceptably destructive to the integrity of the Historic Resource and/or where the Board finds the proposal to be inappropriate in the context of the immediate neighborhood.

E. Application Procedures for Conditional Use Approval Regarding Historic Resources.

1. An applicant seeking conditional use approval under the provisions of this Section shall submit the appropriate application to the Township in accordance with the provisions of Article XXVII. The application shall include, in addition to that which is required under Article XXVII where relevant, a detailed depiction of the proposed use(s), any physical changes proposed for the affected historic resource(s) and their surrounding landscape, and any proposed modifications to otherwise applicable area and bulk regulations.

2. Upon receipt by the Township, the complete application shall be forwarded to the Historical Commission, the Township Planning Commission and the Board of Supervisors.Within thirty (30) days of receipt of a completed application, the Historical Commission and the Township Planning Commission shall each, at a regular or special meeting, review the application for conditional use approval.The applicant shall be notified of such meetings at least ten (10) days prior to their scheduled dates and shall have the opportunity to present the applicant’s reasons for filing the application.

a. In reviewing the application for conditional use approval, the Historical Commission shall consider the following:

1. In regard to proposed modification of area and bulk regulations, the Historical Commission shall evaluate whether the proposed modifications are necessary to preserve the affected Historic Resource(s).

2. Where the application involves physical changes to Historic Resource(s) and/or the surrounding landscape,the Historical Commission shall review the proposed changes and make recommendations as to their appropriateness.

b. The Planning Commission shall review the proposed changes for their impact on the health, safety and welfare of the Township including, but not necessarily limited to, traffic impacts, water supply and sewerage.

3. Recommendations, if any, of the Historical Commission and Township 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. If either 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 such Commission recommends the approval of the application.

4. The Board of Supervisors shall act upon the application in accordance with the provisions of Article .

Section 160-174.4. DEMOLITION OF HISTORIC RESOURCES.

A. Applicability of Demolition Permit Requirement.

1. No Class I nor Class II Historic Resource may be demolished, in whole or in part, whether deliberately or by neglect, including the indiscriminate removal, stripping, or destruction of any significant exterior architectural features, unless a demolition permit is obtained from the Township Code Enforcement Officer in accordance with the procedures and requirements of this section, and other applicable standards and procedures of this ordinance and the Township Building Code.

2. Demolition permit requirements shall extend to demolition by neglect which is defined as the failure to provide ordinary and necessary maintenance and repair to a building or structure located in a historic district, or to an historic resource, except for ruins existing at the time of adoption of this section, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions:

a. deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist;

b. 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.

c. 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.

3. These provisions shall not be construed to prevent the ordinary maintenance 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.

B. Procedure for Obtaining Demolition Permit.

1. The applicant shall submit to the Township an Application for a Demolition Permit, obtainable from the Township Code Enforcement Officer. If the Township determines that the permit request is for the demolition of a Class I or Class II Historic Resource, the Code Enforcement Officer shall be directed not to issue the demolition permit and the application shall be forwarded to the Historical Commission for review.

2. Information to be Provided. In addition to applicable requirements under the Township Building Code, an applicant seeking a permit to demolish an Historic Resource shall provide the following documents and written narrative supporting the application.

a. Owner of record;

b. Site plan showing all buildings and structures on the property;

c. Recent photographs of the resource proposed for demolition;

d. Reasons for the demolition;

e. Proposed method of demolition;

f. Intended future use of the site and of the materials from the demolished resource;

g. List of alternatives to demolition that the applicant has considered;

h. Where the applicant specifically alleges that demolition is necessary due to undue economic hardship or the lack of a reasonable economic alternative, a narrative statement, together with supporting documentation, shall be submitted to demonstrate what alternate consideration to demolition, if any, the Applicant has given to practical, adaptive uses of the property, particularly considering the incentives potentially available as conditionally permitted in accordance with this Article, and shall include written estimates of the Cost(s) of restoration and/or renovation from at least two professional restoration contractors.

3. Review by Historical Commission. Within 30 days of receipt of a complete application for demolition from the Code Enforcement Officer, the Historical Commission, at a regular or special meeting, shall review the application. Ten days prior, written notice of the meeting shall be given to the applicant who shall have the opportunity to present his reasons for filing the application. The Historical Commission shall consider the following:

a. The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring historic resources;

b. Whether the applicant has demonstrated that he has considered all alternatives to demolition;

c. Economic feasibility of adaptive reuse of the resource proposed for demolition;

d. Alternatives to demolition of the resource;

e. Whether the resource in its current condition presents a threat to public safety;

f. Whether the resource has been intentionally neglected;

g. Whether the required retention of the resource would represent an unreasonable economic hardship.

4. Historical Commission Recommendation. The Historical Commission shall promptly communicate its recommendation(s) in a written report to the Board of Supervisors either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending delay of demolition as provided below.

C. Approval of Demolition Permit or Delay of Demolition by the Board of Supervisors.

1. Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application at a public meeting, 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 as set forth in paragraph 4 of this section. The applicant shall be notified of the meeting at least 10 days prior to its date, and shall have the opportunity to present his reasons for filing the application. Within five days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Code Enforcement Officer.

2. Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is authorized to be granted with conditions attached, the Code Enforcement Officer shall be authorized to issue the permit upon his receipt from the applicant of written acceptance of those conditions.

D. Delay of Demolition.

1. 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 and to allow for complete historical documentation of the resource. The Historical Commission shall make every effort to communicate with the applicant to inform him of the historical importance of the resource, its significance to the Township, and alternatives to demolition (additional uses, etc.).

2. 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 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 comparable form of documentation recommended by the Historical Commission. Where necessary, the delay shall continue past the stipulated 90 days until the applicant has sufficiently satisfied the Documentation requirements.

3. Not later than the date set by the Board of Supervisors to act upon the application for demolition prior to or at the end of the applicable 90 day time period, the Historical Commission may recommend in writing to the Board of Supervisors approval of the demolition permit or, where the Commission does not believe that the Applicant has proven unreasonable economic hardship or the lack of a reasonable alternative, recommend denial of the demolition permit.

E. Approval or Denial of Demolition Permit after Delay of Demolition.

1. The Board of Supervisors shall act upon the application for demolition within or at 90 days, whether it receives a recommendation from the Historical Commission or not, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within five days of making its decision, the Board shall provide written communication of its decision to the applicant, Historical Commission, and Code Enforcement Officer.

2. Issuance of Demolition Permit. Where the Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is granted with conditions attached, the Code Enforcement Officer shall be authorized to issue the permit upon receipt from the applicant of written acceptance of those conditions.

3. 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 Section.

Section 160-174.5. HISTORIC RESOURCE IMPACT STUDY.

A. Applicability. An Historic Resource Impact Study shall be submitted to the Township, unless waived or modified by the Board of Supervisors, in the following situations:

1. As part of Preliminary Plan submission for any Subdivision or Land Development application which proposed new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 250 feet of the exterior walls of any Class I or II Historic Resource.

2. As part of Tentative Plan submission for any application for Planned Residential Development (PRD) which proposed new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 250 feet of the exterior walls of any Class I or II Historic Resource.

3. Where general bridge or road construction or substantial repair is proposed within 250 feet of the exterior walls of any Class I or II Historic Resource.

B. Contents. The Historic Resource Impact Study shall contain the following information, unless waived or modified by the Board of Supervisors:

1. Background Information

a. If not otherwise provided by the applicant, a general site description of the site subject to application, including topography, watercourses, vegetation, landscaping, existing drives, etc.

b. General description and classification of all Class I or II  Historic Resources located within 250 feet of any proposed land development or land disturbance.

c. Physical description of all such Class I or IIHistoric Resources.

d. Narrative description of the historical significance of each Class I or II Historic Resource, relative to both the Township and to the region in general.

e. Sufficient number of black and white 8” x 10” photographs to show each Class I or II Historic Resource in its setting.

2. Assessment of Potential Impacts to Historic Resources

  a. General description of the proposed activity subject to application, including a timetable or phases.

  b. Description of potential impact(s) to each Class I or II Historic Resource identified in paragraph (2), above, with regard to the architectural integrity, historic setting, and future use.

3. Mitigation Measures

  a. Suggested approaches to mitigate potentially negative impacts to 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 and other Township Ordinances.

Section 160-174.6. VIOLATIONS, PENALTIES AND ENFORCEMENT.

Any person who violates the terms of this Article shall be subject to the enforcement procedures, fines and penalties provided for in Article XXIX of this Ordinance, as well as all applicable enforcement procedures, fines and penalties provided for in regulations adopted by Whitpain Township to govern Building Construction. In addition:

A. In the event any person demolishes an Historic Resource in violation of the provisions of this article or violates any conditions or requirements specified in a conditional use approval or permit issued under the terms of this Article, the Board of Supervisors may institute any proceeding, at law or in equity, necessary to enforce the provisions of this Article. Such proceeding may include, but is not limited to, an action to compel the reconstruction and/or restoration of the Historic Resource to its condition and appearance as existed immediately prior to the violation. Such restoration shall be in addition to, and not in lieu of, any penalty or remedy available under this ordinance or any other applicable law.

B. In the event the Board of Supervisors authorizes the commencement of an action pursuant to subsection A of this Section, the Code Enforcement Officer shall withhold issuing any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the Historic Resource subject of a violation of this Article, or any building or structure intended to replace such Historic Resource, unless issued for the purpose of restoring the Historic Resource to its condition and appearance as existed immediately prior to the violation.

C. The Board of Supervisors may, as a condition of approval of any conditional use application or subdivision or land development application involving any property which, at the date of enactment of this ordinance, was occupied by an Historic Resource(s) that subsequently was demolished or otherwise altered in violation of this Article, impose a condition requiring the satisfactory reconstruction or restoration of any such Historic Resource(s).

D. The Township, through such person or agency charged by the Board of Supervisors with enforcement of the provisions of this Article, shall monitor the progress and status of any change being made to an Historic Resource subject to the provisions of this Article, and shall render such reports thereon to the Board and to the Historical Commission as may be necessary to assure compliance with the provisions of this Article and/or any compliance with any conditions which may have been attached to any building permit, demolition permit, subdivision/land development approval, or conditional use approval.

E. In addition to the above remedies, the Board of Supervisors may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Article.

Section 160-174.7. DEFINITIONS. For the purposes of this Chapter, the following new definitions shall apply:

CLASS I HISTORIC RESOURCE Any of the following:

1. All resources designated by the Secretary of the Interior as National Historic Landmarks;

2. All buildings, sites, structures, and objects listed individually in the National Register of Historic Places;

3. All buildings and structures classified as “certified historic structures” by the Secretary of the Interior;

4. All buildings, sites, structures, and objects documented as “contributing resources” in a National Register Historic District;

5. Any resources which have received a Determination of Eligibility (DOE) by the Pennsylvania Historical and Museum Commission (PHMC);

6. Any buildings, sites, structures, or objects documented as “contributing resources” within any historic district which has received a Determination of Eligibility (DOE) from the PHMC; and

7. Any other historic resource which may have been added to Class I by the Board of Supervisors as provided in Section 160-174.7 of this Ordinance, where deemed of similar historical significance to the resources described herein.

CLASS II HISTORIC RESOURCE All historic resources included in the Whitpain Township Historic Resource Inventory, not otherwise designated as Class I Historic Resources, and approved as such by the Board of Supervisors pursuant to the provisions of Section 160-174.7 of this Ordinance.

CONTRIBUTING RESOURCE A building, structure or site adding to the historical significance of an individual property or an historic district. Contributing resources included in the Whitpain Township Historic Resource Inventory shall be regulated as Class I or Class II resources with the same classification as the principal resource(s) to which they contribute.

CULTURAL STUDIO A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.

DEMOLITION OR DEMOLISH - In the context of Article XXIIA, the razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.

HISTORIC STRUCTURE - For the purposes of the floodplain regulations of Article XXII, this term shall mean any structure that is designated a Class I or Class II Historic Resource.

HISTORIC RESOURCE - Any building, site, structure, object, or other resource which has been designated a Class I or Class II Historic Resource.

HISTORIC RESOURCE IMPACT STUDY- A study of the potential impacts of proposed land development and/or land disturbance on nearby historic resources, including study of potential means to mitigate negative impacts, required to be submitted to the Township in certain land development scenarios, in accordance with Article XXIIA of this Ordinance.

HISTORIC RESOURCE INVENTORY The Whitpain Township Historic Resource Inventory which may include a list and corresponding map indicating the locations of all Historic Resources, including both principal and contributing resources, to which the provisions of Article XXIIA of this Ordinance apply. Except where removed from the Inventory by action of the Board of Supervisors pursuant to Section 160-174.2, the Historic Resource Inventory shall include all resources identified in the Montgomery County Historic Sites Survey and located in Whitpain Township as well as any additional resources meeting one or more of the definitional criteria for Class I Historical Resources.

Section 2. Severability. In the event that any section, sentence, clause, phrase or word of this ordinance shall be declared illegal, invalid or unconstitutional by any Court of competent jurisdiction, such declaration shall not prevent, preclude or otherwise foreclose enforcement of any of the remaining portions of this ordinance.

Section 3. Repealer. All ordinances or parts of ordinances inconsistent herewith or in conflict with any of the specific terms enacted hereby, to the extent of said inconsistencies or conflicts, are hereby specifically repealed.

Section 4.  Ratification. Any portions of the Code of the Township of Whitpain which are not specifically repealed or repealed by implication hereby, are hereby ratified and reaffirmed as fully as though set forth herein at length.

ORDAINED and ENACTED by the Board of Supervisors of Whitpain Township this           day of                                    , 2001.

WHITPAIN TOWNSHIP

ATTEST:

Phyllis C. Lieberman, Township Manager

BOARD OF SUPERVISORS

Leigh P. Narducci, Chairman

Joseph J. Palmer, Vice Chairman

Anthony F. Greco, Secretary

Nicholas A. Teti, Treasurer

Brian W. Young, Asst. Secretary

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