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 under consideration.
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. No. 2-1994]

§ 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 shall include:
(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 dimensions.
(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 HARB’s 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 sensitivity.
(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 Council.
F. In addition to those criteria above for existing buildings which are considered applicable by the HARB, the following shall be evaluated for new construction:
(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 area.
(4) The degree to which the proposed building’s 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 building’s deterioration and loss of economic use has been the result of the applicant’s 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 District
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 architectural characteristics.
(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 applicant’s 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 applicant’s 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 order.

 

 

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