Demolition permit application requirements.
(1) Permit required.
(a) No applicant or owner shall, without first obtaining a permit as herein provided, demolish an historic resource.
(b) In cases where a permit is not required, or prior to filing for a permit, an applicant or owner of an historic resource is encouraged to consult with the Historical Commission to discuss the project and obtain recommendations on how best to retain the historic integrity of the resource.
(2) Permit application. Applicants wishing to demolish or otherwise alter an historic resource shall apply to the Code Official for a permit for demolition. The application shall contain the following: see
§ 300-64C(2) for a list of requirements.
(3) Initial review of application.
(a) The Code Official shall notify the Township Manager, the Historical Commission, the Planning Commission, and the Board of Commissioners of the application for demolition permit within seven days of acceptance of a properly filed application, including application fees. One copy of the permit application and supporting materials will be provided to the Historical Commission.
(b) If within 21 days after the application for demolition permit an objection is filed with the Township by an objector, or by the Historical Commission, then the application shall be considered contested. The objection is to be filed in writing, and shall include the reason for the objection.
[1] Objections are to be filed with the Code Official.
[2] Copies of the objection shall be sent to the Historical Commission.
[3] Copies of the objection shall be sent to the applicant.
(c) If within 21 days after the application for demolition permit no objections are filed with the Township, then the application shall be returned to the Code Official for reviews and approval as required by other Township regulations and codes.
(4) Review of contested application. See
§ 300-64C(4) for detailed information.
(5) Appeal of decision. Any party to the hearing before the Board of Commissioners aggrieved by a decision of the Board may, within 30 days after receiving notice of the decision, seek judicial review of that decision in any court of competent jurisdiction.
Documentation of historic resources. In cases where the issuance of a demolition permit is approved, the Historical Commission shall require that the building or structure be recorded, at the applicant's expense.
(1) The Commission will issue a list of items of documentation to be prepared, which may include, but not be limited to, the following: see
§ 300-64D for a list of documentation items.
Conditional and special exception uses for historic resources.
(1) Conditional uses. In addition to the uses permitted by right or special exception use in the various zoning districts in Marple Township, the Board of Commissioners may authorize conditional uses for historic resources in order to encourage their retention and facilitate appropriate adaptive reuse. Such conditional uses may include professional or business offices, cultural facilities, eating and drinking establishments and guest houses or inns in residential districts and any such similar uses in industrial, institutional or open space districts. Applications for such conditional uses shall meet the following criteria:
(a) The use shall not generate high levels of vehicular traffic, nor noise, noxious odors, air pollution or glare.
(b) The manner, location and hours of operations and of deliveries to the premises shall be compatible with the daily cycle of active and quiet periods associated with any adjacent residential uses.
(c) The use shall complement other uses in the district, creating a mixed-use character that contributes towards an increased rate of pedestrian access to local services, minimized auto-trip generation and additional security for district businesses.
(d) Mixed-use structures containing residences shall have nonresidential uses only on a level or floor below residential uses.
(2) Special exception uses. The Zoning Hearing Board is authorized to grant special exceptions for modifications to the development standards dimensions relevant to an historic resource for applications meeting the following criteria:
(a) Granting of a special exception is necessary to encourage the retention and appropriate adaptive reuse of the historic resource.
(b) Granting of a special exception will have minimal detrimental effect on adjacent and neighboring properties.
(c) Any proposed rehabilitation, alteration, or enlargement of an historic resource shall be in substantial compliance with the Secretary of the United States Department of the Interior's standards for rehabilitation.
Penalties and remedies.
(1) Penalties.
(a) Failure by the applicant or owner to comply with this section shall constitute a violation hereof.
(b) Any applicant or owner violating any of the provisions of this section shall be subject to a fine of not more than $600 for each offense plus court costs, including reasonable attorney fees incurred as a result thereof, or in default of payment of the fine, imprisonment not exceeding 90 days.
(c) Each day that a violation continues shall constitute a separate offense. All fines collected shall be deposited into the Township general fund and shall be used for historic preservation or for general Township use.
(d) If demolition occurs without a permit, the Township reserves the right to prohibit future building permits or subdivision approvals for the property for a period of up to five years from the date of either the demolition or upon the completion of any subsequent Township reviews or of any legal proceedings, whichever is latest.
(2) Remedies.
(a) An applicant or owner who demolishes a building or structure in violation of the provisions of this section, or in violation of any conditions or requirements specified in a permit issued pursuant to this section, may be required by the Board to restore, reconstruct, and/or relocate the building or structure involved to its appearance and/or location prior to the violation.
(b) Such restoration, reconstruction, and/or relocation may be in addition to, and not in lieu of, any penalty or remedy available under this section or any other applicable law.
(c) In the event any building or structure is demolished in violation of this section, the Board may institute appropriate proceedings in any court of competent jurisdiction to prevent or remedy such unlawful demolition.
(3) Demolition by neglect.
(a) Any owner of an historic resource who has allowed that historic resource to be damaged or demolished as the result of neglect shall be subject to the same enforcement remedies as an owner who knowingly violates this section by demolishing an historic resource without a permit for demolition or who violates the conditions of the permit.
(b) In addition to any penalties listed above, the Township may elect to purchase the historic resource through eminent domain, with the purpose of either rehabilitating the resource at Township expense or selling the property to a third party who will agree to rehabilitate the resource.
(4) Ordinary maintenance. This section shall not be construed to prevent the ordinary maintenance or repair of any building or structure, where such work does not require a permit by law, and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building or structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage. Any repairs being performed with materials and techniques that match the original can be approved by the Code Official after consultation with the Historical Commission. Notification of and approval by the Board is not required.
