Ordinance providing for the protection and preservation of Historic Resources

DRAFT — VERSION 5B
Amendment to Chapter 114 of the Ordinance of Springfield Township, Entitled "Zoning," Township of Springfield

An Ordinance providing for the protection and preservation of Historic Resources (Buildings and Structures) within the Township of Springfield by discouraging their demolition and/or alteration in a manner that would adversely impact the historic fabric and character of the Township. This Ordinance defines criteria by which buildings may be considered historic by the Township, and adopts a Historic Resource Inventory. The Planning Commission shall be notified when an applicant applies for a permit for demolition or Major Alteration to a property listed on the Historic Resources Inventory, and shall have 90 days to review the application.

Article I. Legal Authorization

Pursuant to authority contained in the Act of 1968, Public Law 805, No. 247, as enacted and amended, known as the Pennsylvania Municipalities Planning Code (sections 603, 604, and 605), a local zoning ordinance may permit the regulation governing the "Protection and preservation of natural and historic resources;" has the responsibility to "promote, protect and facilitate... preservation of the natural, scenic and historic values in the environment;" and also may specify classifications "For the regulation, restriction or prohibition of uses and structures at, along or near...places having unique historical, architectural or patriotic interest or value." Therefore, the Township of Springfield hereby creates an Ordinance in order to promote, protect, and facilitate the preservation of properties and areas of historic significance and to preserve the historic values of the Township.

Article II. Purpose and Intent

1. Pursuant to Article 1, Section 27 of the Pennsylvania Constitution which states that:

   "The people have a right to clean air, pure water, and preservation of the natural, scenic, historic and aesthetic values of the environment."

   The Township of Springfield has many Historic Resources worthy of preservation. Preservation of these Historic Resources is in the best interest of the health, prosperity and welfare of the people of the Township of Springfield. It is, therefore, the Historic Preservation Ordinance purpose and intent of the Township of Springfield to preserve and protect buildings and structures of historic value that exist within the Township.

2. The intent of protecting Historic Resources is to preserve the fabric of the Township's distinctive character; retain those buildings and structures that tell the story of the Township's past; contribute to increasing property values; strengthen the economic competitiveness of the Township; create the potential for heritage tourism; and contribute to the Township's overall attractiveness of its physical environment and quality of life.
3. The Springfield Township Historic Resource Inventory is established to identify historically important buildings in the Township. Its goal is to proactively identify and protect Historic Resources, while providing ample means for property owners and developers to be made aware of which properties receive the special attention established in this Ordinance.
4. The purpose of implementing a review period prior to demolition or alteration of Historic Resources is to allow the Planning Commission and Township Board of Commissioners the opportunity to weigh the arguments and adequately consider whether there are grounds for demolishing or significantly altering a property heretofore established as historic. This review period also affords the Planning Commission, Township Board of Commissioners, and property owner the opportunity to formulate options and alternatives that enable the Historic Resource to be adapted in a way that does not detract from its historic integrity, and to consider alternatives to demolition, as reuse or renovation, which can be recommended to the building owner as a way of preserving the Historic Resource.
5. The goal of documenting Historic Buildings in the Township of Springfield is to provide architects, engineers, scholars, preservationists, and interested members of the public with information on the historical, architectural, technological, or cultural significance of a Historic Resource. The historic documentation will serve as a permanent record of the growth and development of the Township's built environment.

Article III. Definitions

For purposes of this Ordinance and the Historic Resource Inventory the following definitions shall apply:

1. Alteration — Any act or process requiring a building permit and any other act or process not requiring a building permit but specifically listed in this article as a reviewable action, including without limitation the repair, replacement, reconstruction, demolition or relocation of any structure or object, or any part of a structure which is visible from the public way.
2. Building — Any enclosed or open structure that is a combination of materials to form a construction for occupancy and/or use for human or animal habitation and is permanently affixed to the land, including manufactured homes.
3. Demolition — The dismantling or tearing down of all or part of any building and all operations incidental thereto, including neglecting routine maintenance and repairs which can lead to deterioration and decay.
4. Demolition by Neglect — The absence of routine maintenance and repair which can lead to a building's or structure's structural weakness, decay and deterioration resulting in its demolition.
5. Historic Building — A building shall be designated historic if it is on the attached Historic Resource Inventory [see Appendix]. The criteria for inclusion of a building on the Historic Resource Inventory are stated in Article IV. Historic Resource Inventory.
6. Historic District — Any geographic area in Springfield Township specifically designated by the Township Commissioners by separate Ordinance as an area of historic importance.
7. Historic Resource — A historic building or structure.
8. Historic Resource Inventory — An inventory of buildings judged to be historically significant to the Township of Springfield based upon, among other things, data derived from the Montgomery County Board of Assessment, Springfield Township records, and with input from the Springfield Township Historical Society.
9. Major Alteration — Any alteration to the exterior of a property listed on the Historic Resource Inventory considered to significantly impact the public view of the property, and to potentially impact its historic integrity.
10. Planning Commission — The Springfield Township Planning Commission.
11. Structure — Any enclosed or open construction that may or may not be intended for human or animal habitation.

Article IV. Historic Resource Inventory

A Historic Resource Inventory is hereby established including buildings and structures in the Township designated as eligible by the Planning Commission under the criteria below. It shall be available to the public for inspection in the Township Building, and shall be made available on the Township's website.

Criteria for Listing on the Historic Resource Inventory

A building qualifies for the Historic Resource Inventory if it is:

1. A building deemed as contributing to the fabric and significance of a Springfield Township Historic District, designated by Ordinance by the Township Board of Commissioners.
2. A building that is a National Historic Landmark *; or
3. A building that is individually listed in, or eligible for the National Register of Historic Places *; or

   * Note: Determination of National Historic Landmark designation and listing of buildings to the National Register of Historic Places is made by the National Park Service. Eligibility for the National Register of Historic Places is determined by the Pennsylvania Historical and Museum Commission, which maintains and publishes a list of National Register Listed and Eligible Properties in Pennsylvania

4. A building that was constructed, in whole or in part, 50 or more years prior to the date of publication of the inventory, as determined on an annual basis by Montgomery County Board of Assessment records; or
5. A building that does not meet designations 1, 2 or 3 above, but meets at least one of the following criteria, as recommended by the Planning Commission, with prompt input from interested local or state organizations, and as determined by the Township Board of Commissioners:
   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
   2. Is associated with the life of a person significant in the past; or
   3. Is associated with an event of importance to the history of the Township, County, Region, Commonwealth or Nation, or
   4. Embodies distinguishing characteristics of an architectural style or engineering specimen; or
   5. Is a 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 of a Historic, cultural or architectural value; 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.

Procedure for Adding Historic Resources to the Historic Resource Inventory

The Planning Commission is hereby granted the authority to add buildings and structures to the Historic Resource Inventory. Individuals and organizations may nominate buildings and structures that are not on the Inventory, in writing to the Planning Commission, by listing the name and location of the building or structure, and by including adequate evidence that the building or structure meets one or more of the criteria listed in this section.

Procedure for Removing Historic Resources from the Historic Resource Inventory

The Planning Commission is hereby granted the authority to remove buildings and structures from the Historic Resource Inventory. However, the Planning Commission shall do so only if the Historic Resource is deemed not to meet the criteria stated above for listing on the Historic Resource Inventory.

Notification of Historic Property Owners

The Planning Commission shall notify property owners when their property is added to the Historic Resource Inventory.

Periodic Review and Update of Historic Resource Inventory

The Planning Commission shall review, on an annual basis, the Historic Resource Inventory. During this review the Planning Commission may make additions to the list The Planning Commission may add properties to the Historic Resource Inventory that meet criteria for Historic Building or Structure established in this section, and may subtract properties from the list only in the case that they no longer meet the historic criteria.

Article V. Historic Districts

Act of June 13, 1961, P.L. 282, No. 167, as enacted and amended, known as the Historic District Act, authorizes Pennsylvania municipalities to "to create historic districts within their geographic boundaries providing for the appointment of Boards of Historical Architectural Review; empowering governing bodies of political subdivisions to protect the distinctive historical character of these districts and to regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings within the historic districts." Therefore, historic districts may be established by the Springfield Township Commissioners in order to delineate an area of the Township that is considered historically significant for its contribution to the culture, heritage, and economic well-being of the Township. Historic Districts shall be designated by separate Ordinance, and may include any number of buildings and structures approved by the Planning Commission for addition to the Historic Resource Inventory, for their individual contributions, as well as their contribution to the historic fabric of the District. The consideration and creation of Historic Districts shall adhere to the guidelines set forth by the Pennsylvania Historical and Museum Commission (PHMC).

Article VI. Procedure for Review of Application for Permit to Alter or Demolish a Historic Building or Structure

Purpose and Intent

This section establishes the procedures and requirements for obtaining a permit for demolition of or significant alteration to a property listed on the Historic Resource Inventory. Every reasonable alternative should be considered to pursue reuse or restoration of a listed building or structure before approval of a permit for demolition shall be granted.

Applicability of Special Requirements for Demolition or Alteration Permit

No property listed on the Historic Resource Inventory shall be demolished or altered without a permit obtained in accordance with the procedures and requirements listed in this section.

Duties of Code Enforcement Department

Upon receipt of a complete application to demolish a building on the Historic Resource Inventory or make a Major Alteration to same, the Code Enforcement Department shall inform the Planning Commission such a permit has been requested, and shall specify the address and the location of the property proposed for alteration or demolition.

1. Minor alterations shall be permitted as of right, and the Code Enforcement Department shall identify which applications for Major Alteration meet the definition set forth in this Ordinance. In addition, the Code Enforcement Department shall identify work carried out that meets the definition of Major Alteration set forth in this Ordinance, but that has not been granted a permit. In such case, the Code Enforcement Department has the authority to order the work cease and the applicant apply for a permit, as per the procedures established by this Ordinance.
2. The Code Enforcement Department shall withhold issuing the permit until the end of a 90-day review period, in which time the application shall be reviewed by the Planning Commission.
3. In the case that the Township Board of Commissioners approves the issuance of a permit for demolition, the Code Enforcement Department shall not issue the permit until the criteria set forth in Article VII. Documentation of Historic Buildings has been followed by the applicant.
4. The Code Enforcement Officer shall not take any action that would violate this Ordinance or that would be in contradiction to the intent of this Ordinance to protect the Township's Historic Resources.

Duties of Applicant

During the review period of 90 days, the applicant shall schedule an appearance before the Planning Commission, during which the applicant shall present the following information for discussion:

1. The applicant's current proposal for alteration or demolition. Use of visual aids such as maps, photos and documents is strongly encouraged.
2. In the case of a proposed Major Alteration, indication of intent to meet or exceed the Secretary of the Interior's Standards for the Treatment of Historic Buildings and the criteria for historical alteration as specified in this section. Presentation of architectural plans and drawings is strongly encouraged.
3. In the case of demolition, alternatives to demolition that have been considered by the applicant, and substantial evidence of unreasonable economic hardship that would make reuse alternatives unfeasible. The Planning Commission may ask the applicant to produce evidence such as, but not limited to, the following:
   1. a statement of the amount paid for the property and date of purchase;
   2. the assessed value of the property according to the most recent assessment;
   3. a pro forma financial statement prepared by an accountant or broker of record;
   4. all appraisals of the property made during current ownership;
   5. any consideration and/or attempts by the owner to adaptively reuse the property, showing evidence of consideration all incentives and benefits available by the Township, Commonwealth, and federal government;
   6. where relevant, written estimates of the cost of restoration and/or renovation from no fewer than two (2) professional restoration contractors.
4. Minor alteration shall continue to be permitted as of right. However, Major Alterations, as deemed to meet the definition in this Ordinance by the Code Enforcement Department, Planning Commission, or Township Board of Commissioners, shall also be reviewed by the Planning Commission. Permits for Major Alteration to properties listed on the Historic Resource Inventory shall only be approved if the plans for alteration comply with the following criteria:
   1. Meet or exceed the Secretary of the Interior's Standards for the Treatment of Historic Buildings;
   2. Are consistent with the Springfield Township Vision Plan;
   3. Meet any additional criteria or guidelines specified in the Historic District Ordinance, in the case that the property is located within a designated Springfield Township Historic District.

Duties of Planning Commission

Upon receipt of notice from the Code Enforcement Department that a demolition application has been received for a specified property on the Historic Resource Inventory, the Planning Commission shall take the following actions within 90 days:

1. Review the proposed request for demolition or Major Alteration, and the documentation and evidence as provided by the applicant.
2. The Planning Commission and/or Township Commissioners may suggest alternatives to demolition and recommendations for possible reuse of the building to the applicant.
3. The Planning Commission shall, by the end of the review period, make a recommendation to the Township Board of Commissioners as to whether or not the permit should be allowed. The Planning Commission shall only recommend in favor of approval if the applicant has shown that an alteration meets the criteria set forth in this Ordinance, or that a proposed demolition meets the criteria for financial hardship established in this Ordinance.
4. If the Planning Commission is not able to make a determination concerning the permit within the initial review period, the Planning Commission, Township Board of Commissioners, or applicant may request an extension of up to sixty (60) days.
5. If the Planning Commission does not take any action within the review period, it shall be presumed that the Planning Commission recommends refusal of the permit application.

Duties of Township Commissioners

Upon receipt of recommendation from the Planning Commission, the Township Board of Commissioners shall act on allowing or disallowing the Code Enforcement Department to issue the permit for demolition or Major Alteration to properties listed on the Historic Resource Inventory.

1. The Township Commissioners shall not act in any way to violate the content of this Ordinance. The Commissioners shall be committed to enforcing and maintaining the integrity of the Historic Resource Inventory as a means for protecting and preserving the Township's history and quality of life.
2. In the case that the of a permit for demolition is allowed, demolition shall not commence until Article VII. Documentation of Historic Buildings has been completed by the applicant as determined by the Planning Commission.

Article VII. Documentation of Historic Buildings

1. In cases where the applicant has applied for a demolition permit for a building determined to be historic, the applicant or a party retained by the applicant shall document the Historic Building in conformance with one of the two following standards:
   1. The Secretary of the Interior's Standards for the Treatment of Historic Buildings and Guidelines for Architectural and Engineering Documentation as specified for the Historic American Building Survey/Historic American Engineering Record; or
   2. The minimum standards specified below:
      1. Photograph(s) — The applicant shall provide archival-quality, black & white photographs of exterior and interior views of the Historic Building. The photographs shall be taken with appropriate means to correct perspective distortion. Photographs to be provided shall be in one of the following sizes: 5" X 7" or 8" X 10". Exterior photographs shall show all sides of the building. Negatives for each photograph shall be provided (negatives shall be on safety film only, and prints shall be on fiber paper, such as AZO paper; no resin-coated paper).
      2. Sketch Plan — The applicant shall provide a floor or site plan, to exact scale. The plan shall be drawn in ink on paper with one of the following dimensions: 19" X 24", 24" X 36", or 34" X 44".
      3. Short Historical Report and Copy of Deed — The applicant shall provide a short written report explaining any historical features that did not appear in the submitted photographs. A copy of the deed or other documentation of the building's age, if available, shall be provided.
2. When the documentation is complete to the satisfaction of the Planning Commission, the applicant shall supply the Township with the original documents.
3. Upon approval by the Code Enforcement Department, completion of the historic documentation and distribution of the documentation to the Planning Commission and the Township Board of Commissioners, provided all other required permits, administrative approvals and procedures have been obtained or followed by the applicant, demolition of the Historic Building may commence.

Article VIII. Demolition by Neglect

All properties listed on the Historic Resource Inventory shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration. Examples of such deterioration include:

1. Deterioration of exterior walls or other vertical supports.
2. Deterioration of roofs or other horizontal members.
3. Deterioration of exterior chimneys.
4. Deterioration of crumbling of exterior stucco or mortar.
5. Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.
6. Deterioration of any feature so as to create a hazardous condition which could lead to the claim that a demolition is necessary for the public safety.

Violation of this section will result in action taken by the Township Commissioners to appropriately penalize the property owner and prevent further decay and deterioration that may jeopardize the historical integrity of the property and its ability to meet the criteria for listing on the Historic Resource Inventory.

Article VIII. Enforcement

No building on the Township's Historic Resource Inventory shall be demolished, removed or razed, in a manner inconsistent with the provisions of this Ordinance. No building or structure on the Township's Historic Resource Inventory shall be altered in a way that is inconsistent with the provisions of this Ordinance. Such action is a violation of this Ordinance and may result in penalties as permitted in this section.

Notice of Violation

The Code Enforcement Officer shall serve a notice of violation on the person in violation of this Ordinance which would result in failure to apply for a building permit required for the erection, reconstruction, alteration, restoration, demolition, demolition by neglect, or razing of any building or structure which can be seen from a public way. Such notice shall direct the abatement of said violation.

Penalties

Any person, property owner, occupant, firm or contractor issued a violation pursuant to this Ordinance shall be fined the sum of $300.00 for each day the violation is unabated. Additional penalties for persons acting in violation of any part of this Ordinance may be issued penalties as determined by the Township Board of Commissioners or Township Solicitor.

Article IX. Existing Remedies

The provisions in this code shall not be deemed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any buildings that are deemed to be dangerous, unsafe and unsanitary.