C. In any case involving the demolition or partial demolition
of a structure, before granting or denying approval, the HARB may call
upon the Borough Engineer, at the expense of the applicant, to provide
it with a report on the state of repair and stability of the structure
D. If the applicant intends to refile revised plans to remedy the defects
which led to the recommendation for disapproval, the same review period
and procedure set forth above shall apply.
E. Upon determination by the Building Inspector that a complete application
for a permanent sign has been filed at least seven (7) working days prior
to the regularly scheduled HARB meeting, the Building Inspector shall
forward one (1) copy thereof to HARB and one (1) copy thereof to the Borough
Council. The HARB shall review such permit application at its next regularly
scheduled public meeting or at a hearing specially convened, which meeting
or hearing, in any event, shall occur within forty (40) days of the date
of the filing of the complete application. The applicant for the permit
shall be advised of the time and place of the meeting or hearing and shall
be invited to explain the reasons for the application. The HARB shall,
as soon as reasonably practicable following the conclusion of the meeting
or hearing and in any event prior to the next regularly scheduled meeting
of the Borough Council, issue a written recommendation which shall state,
at a minimum, recommended for the issuance of a certificate of appropriateness,
not recommended for the issuance of a certificate of appropriateness
or recommended for a certificate of appropriateness with modifications
as set forth. The written report shall be forwarded to the applicant
and the Borough Council. In the event that the HARB fails to meet to consider
the application within forty (40) days of the completed application, or
following the conclusion of a timely scheduled meeting or hearing the
HARB fails to forward its written report to the Borough Council or to
issue its recommendation prior to the next regularly scheduled meeting
of the Borough Council, the application shall be forwarded to the Borough
Council with no recommendation and considered by the Borough Council at
the next regularly scheduled Borough Council meeting following the expiration
of the forty-day period from the filing of the completed application.
At such time, the Borough Council may determine to recommend a certificate
of appropriateness, not recommend a certificate of appropriateness or
recommend a certificate of appropriateness with modifications as set forth.
The applicant shall be informed, in writing, of the decision of the Borough
Council. [Added 5-20-1992 by Ord. No. 7-1992; amended 4-20-1994 by Ord.
§ 112-59. Application for building permit.
A. [Amended 8-28-1991 by Ord. No. 17-1991] Ten (10) copies of all drawings
and plans for the proposed major alterations, additions or changes and
for new construction of buildings or property use shall be submitted.
The drawings and plans shall be prepared by a design professional and
(1) Plans and exterior elevations, drawn to scale, with sufficient detail
to show, as it relates to exterior appearances, the architectural design
of the buildings, including proposed materials, textures and colors and
(2) Plot or site plans, drawn to scale not smaller than one (1) inch equals
fifty (50) feet, showing adjoining property lines and adjacent streets
from which the proposed activity may be viewed and all improvements affecting
appearances, such as walls, walks, terraces, landscaping, accessory buildings,
parking, signs, lights and other elements.
(3) A location map, using the Borough Zoning Map, drawn at a scale not
smaller than one (1) inch equals two hundred (200) feet, indicating the
general location of the site in relation to nearby roads and properties.
B. Photographs required with an application for the demolition of an existing
structure. Every application for a permit to demolish an existing structure
shall be accompanied by a set of legible black-and-white or color photographs
showing all sides of the building under consideration and any interiors
which relate its state of disrepair or substantiate the need for demolition
and photographs showing the contiguous properties and the relationship
of the building to them.
C. Photographs required with an application for repair, alterations, and/or
additions to existing structures. Every application for repair, alterations
and/or additions to existing structures shall be accompanied by a set
of legible black-and-white or color photographs showing all sides of the
structure and photographs showing the adjacent properties and the relationship
of the building to them.
D. Photographs required with an application for new construction. Every
application for new construction shall be accompanied by a set of legible
black-and-white or color photographs showing the construction site and
its relationship to the properties contiguous to it. The direction of
the photograph shall be noted for each view and shall be keyed into the
plot plan or site plan.
E. All of the above-mentioned materials shall be filed at least ten (10)
working days prior to the regularly scheduled HARB meeting with the Building
Inspector, who shall forward them to the Chairman of the HARB. The Chairman
of the HARB shall determine if the application is complete and shall notify
the applicant of the date of the HARB review meeting or hearing. [Amended
4-20-1994 by Ord. No. 2-1994]
§ 112-60. Evaluation criteria.
A. The HARB may recommend against the issuance of a certificate of appropriateness
for the erection, reconstruction, alteration, rehabilitation, demolition,
partial demolition or removal of any structure within the Historic District
which, in the HARBs opinion, would be detrimental to the district
and against the public interests of the borough.
B. In determining the counsel to be presented to the Borough Council concerning
the issuing of a certificate of appropriateness authorizing a permit for
the erection, reconstruction, alteration, restoration, rehabilitation,
demolition or razing of all or a part of any building within the Historic
District, the HARB shall consider the following relative to existing buildings:
(1) The significance of the building to the historic and architectural
integrity of the Historic District.
(2) The development history of the building and its components and the
historic period most represented in its existing condition.
(3) The historic period or periods the applicant proposes to use as the
exterior appearance objective.
(4) The quality of the documentation used by the applicant to substantiate
the proposed exterior appearance objective.
C. The Board shall also consider the degree to which the proposed work
complies with the most-current version of the Standards for Rehabilitation
of the United States Department of the Interior in making a decision relative
to the appropriateness of the proposal whenever rehabilitation work is
proposed. The following standards shall be used:
(1) Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building, structure
or site and its environment. (The use regulations of the principal zoning
district shall apply.)
(2) The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The removal
or alteration of any historic material or distinctive architectural features
should be avoided when possible.
(3) All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
(4) Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure or site and its
environment. These changes may have acquired significance in their own
right, and this significance shall be recognized and respected.
(5) Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated with
(6) Deteriorated architectural features shall be repaired, rather than
replaced, wherever possible. In the event that replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different architectural
elements from other buildings or structures.
(7) The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will damage
the historic building materials shall not be undertaken.
(8) Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural or
cultural material and such design is compatible with the size, scale,
color, material and character of the property, neighborhood or environment.
(9) Wherever possible, new additions or alterations to structures shall
be done in such a manner that, if such additions or alterations were to
be removed in the future, the essential form and integrity of the structure
would be unimpaired.
D. The HARB shall also consider the most current version of the Guidelines
for Rehabilitating Historic Buildings of the United States Department
of the Interior in making its decision relative to the appropriateness
of the proposal.
E. Any architectural guidelines for construction in the Historic District
which are published by the HARB to further the description of exterior
architectural design criteria shall be approved by resolution of the Borough
F. In addition to those criteria above for existing buildings which are
considered applicable by the HARB, the following shall be evaluated for
(1) The extent to which the proposed construction conforms to existing
building setbacks and yard widths predominant within the block where the
proposed construction is proposed.
(2) The relationship to buildings in the immediate area with respect to
height, width and materials.
(3) The degree to which the proposed construction respects the established
street/sidewalk level character of the Historic District and the immediate
(4) The degree to which the proposed buildings various floors are
defined with window openings rather than an unbroken opaque facade.
G. Relative to demolition, the HARB shall evaluate:
(1) The extent to which the building constitutes an immediate threat to
the public health, safety and welfare.
(2) The significance of the building to the historic and architectural
integrity and the economic vitality of the Historic District.
(3) The extent to which the applicant demonstrates that the building has
no economic use.
(4) The extent to which the buildings deterioration and loss of
economic use has been the result of the applicants actions.
(5) The efforts made by the applicant to successfully market the building.
(6) The proposed construction after demolition and its impact on the integrity
of the Historic District.
§ 112-61. Findings and report by Historical and
Architectural Review Board.
A. The HARB, according to the provisions of § 112-58, shall submit
to the Borough Council, within forty-five (45) days of the final hearing
or before its next regularly scheduled meeting, a report containing its
recommendations regarding the issuance of a certificate of appropriateness
of the proposed construction, alteration or demolition within the Historic
B. The report shall describe the following and reference any relevant
application materials submitted in accordance with § 112-59:
(1) The exact location of the property in question.
(2) A list of adjacent/surrounding structures, stating their general exterior
(3) Proposed landscape work, such as tree removal, additional plantings,
grading and access roads.
(4) Proposed construction, reconstruction, restoration, rehabilitation,
alteration, razing or demolition work.
(5) The finished height and width of any proposed construction or alterations.
(6) The extent to which the proposed work meets the various evaluation
criteria contained in § 112-60.
(7) The opinion of the HARB, including any dissent, as to the appropriateness
of the proposed work and the recommendation regarding the issuance of
a certificate of appropriateness by the Borough Council.
(8) If the recommendation of the HARB is for disapproval or conditional
approval, the reasons for disapproval or conditional approval and changes
in the applicants plans which are necessary to meet the HARB approval.
§ 112-62. Procedures by Borough Council; approval.
A. Upon receipt of the report from the HARB, the Borough Council shall
consider at its next regularly scheduled or special meeting the question
of issuing to the Building Inspector a certificate of appropriateness
authorizing a permit for work covered by the application. The applicant
shall be advised by the Building Inspector of the time and place of the
meeting at which his/her application shall be considered. The applicant
shall have the right to attend this meeting and comment on his/her application.
B. In determining whether or not to issue a certificate of appropriateness,
the Borough Council shall consider the HARB report and the same criteria
used by the HARB as set forth in § 112-60.
C. If the Borough Council approves the application, it shall issue a certificate
of appropriateness authorizing the Building Inspector to issue a building
permit for the work covered.
D. If the Borough Council disapproves the application, it shall do so
in writing, and copies shall be given to the Building Inspector, the applicant
and to the Pennsylvania Historical and Museum Commission. The disapproval
shall set forth the reasons therefor and shall indicate the reasons for
disapproval and changes in the applicants plans which are necessary
to meet the HARB approval.
E. In either case, the Borough Council shall notify the applicant within
ten (10) days of its meeting at which the application was considered,
unless mutually agreed otherwise.
F. When a certificate of appropriateness has been issued, a copy thereof
shall be transmitted to the Building Inspector, who shall, from time to
time, inspect the work approved by such certificate. All work not in accordance
with such certificate shall constitute a basis for the issuance of a cease-and-desist