Procedures for demolition of historic resources; enforcement; violations and penalties; appeals.
No historic resource may be demolished until the applicant obtains a permit and complies with the following additional procedures.
A. Application: The applicant shall file with the Zoning Officer, who shall forward the same to the Historical Commission within five days, the following items:
(1) One copy of the application for demolition;
(2) Complete documentation of the resource proposed for demolition, including recent interior and exterior photographs, exterior measurements and plans of each level;
(3) A site plan showing all buildings on the property; and
(4) An explanation of the reasons for demolition and the future use of the site. This must include:
(a) A statement of whether the property is capable of generating a reasonable return with the resource left in place;
(b) A statement of whether the resource is adaptable to some other use which would result in a reasonable return;
(c) A financial statement of whether rental or other use of the property in its current or an improved condition can provide a reasonable rate of return;
(d) A statement that a demonstrable, good-faith attempt has been made to sell the resource to someone interested in preserving it; and
(e) A proposed site plan for development after the demolition.
(5) No permit for demolition may be issued until the applicant has obtained Township approval of plans for the development.
B. Documentation of historic resources. Within 30 days of the Township's receipt of a completed application for demolition of any historic resource, the applicant shall permit the Historical Commission, at a mutually agreeable time and date, to enter the historic resource and document, for the Township records, the historic resource and the property associated therewith. Such documentation may include, but is not limited to photographic and video documentation. Documentation authorized by this section shall be conducted on a date and time agreeable to both the Historical Commission and the applicant. All such documentation shall become the property of the Township. The Historical Commission will not disturb or move any personal property of the applicant during such documentation.
C. Review meeting. Within 30 days of receipt of a complete application, the Historical Commission shall, at a regular or special meeting, review the application for demolition. The applicant will be notified, in writing, of the meeting and encouraged to present written and photographic evidence in support of his application. In reviewing the application, the Historical Commission shall take into account:
(1) The effect of demolition on the historical significance and architectural integrity of neighboring contributing historic resources;
(2) Economic feasibility of adaptively reusing the resource proposed for demolition;
(3) All conceivable alternatives to demolition of the resource, including relocation of the structure;
(4) Any expert testimony, such as, but not limited to, certified engineering reports regarding the structural stability of the resource that would indicate threats to public safety.
D. Historical commission written recommendation. Within 15 days following conclusion of the meeting, the Historical Commission shall set forth its recommendation in a written report to the Board of Supervisors and the applicant.
(1) In specific cases, as will not be contrary to the public interest, where, owing to demonstrated special conditions, as determined herein, a literal enforcement of the provisions of this section would result in unnecessary hardship, the Historical Commission may recommend that the Board grant an exemption from the requirements of this section, subject to such terms and conditions as the Historical Commission may recommend so that the spirit of this article shall be observed and substantial justice done.
(2) Every recommendation of the Historical Commission shall be in writing and shall state the reasons for the decision. The decision shall contain the findings of fact that constitute the basis for the decision. In any case where the Historical Commission objects to the issuance of a permit required under this section, the Historical Commission shall furnish the applicant with a copy of the Historical Commission's decision, together with a copy of any recommendations the Historical Commission may have made for changes necessary to be made before the application will be reconsidered by the Historical Commission.
(3) In case of hardship, the Historical Commission may contribute to the documentation prescribed by the Board.
E. Township's response. Within 30 days of the review of the demolition application by the Historical Commission, or such extended time as may be agreed upon by the applicant, the Township shall approve the demolition application consistent with applicable law.
F. Demolition by neglect.
(1) Demolition by neglect shall not be used as an automatic excuse by an applicant as justification for an active demolition application.
(2) When an owner has held an identified historic resource property for at least five years and allowed the property to fall into the category of demolition by neglect due to lack of routine maintenance and cannot provide that the negligence has occurred due to lack of financial ability to provide maintenance, such owner shall be deemed in violation of the terms of this section.
(3) Enforcement and penalties that pertain to active demolition shall also pertain to passive (by neglect) demolition.
G. Enforcement; violations and penalties. Any person who violates the terms of this article shall be subject to the penalties imposed under
§ 200-146: Violations and penalties, as well as applicable penalties imposed under Township building and fire codes.
H. Appeal procedures. Any person aggrieved by a recommendation of the Historical Commission and decision by the Board may, within 30 days after receiving notice of the decision, either file an appeal therefrom to the Zoning Hearing Board or apply for reconsideration of the initial decision by filing with the Zoning Officer a written notice requesting the Board to review said decision. In such event, the Board's decision shall be considered a final adjudication under the MPC.
