CHAPTER 1420

a) It is hereby declared, as a matter of public policy, that the preservation and protection of buildings and structural, architectural, cultural, educational and aesthetic merit are public necessities and are, in the interest of the health, prosperity and welfare of all the citizens of Aston Township.

b) The purposes of this article are:

1) To identify and provide an opportunity to preserve historic buildings and structures which are important to the education, culture, traditions and economic values of all citizens of Aston Township.

2) To maintain or improve property values in Aston Township.

3) To retain and enhance historic properties which contribute to the character of Aston Township.

4) To assure that new construction and subdivisions of lots in Aston Township are compatible with existing historic buildings and structures.

5) To encourage the restoration and rehabilitation of historic buildings and structures within Aston Township.

6) To enhance the attractiveness of Aston Township, thereby supporting and promoting business, commerce, industry and tourism, as well as providing economic benefit to Aston Township.

7) To foster civic pride in the historical, architectural, cultural, and educational accomplishments of Aston Township.

8) To promote the use of historic buildings and structures for the education, pleasure and welfare of all citizens of Aston Township.

9) To encourage orderly and efficient development that recognizes the special value to Aston Township of its fragile, non-renewable historic and cultural resources, and

10) To encourage public participation in identifying and preserving historical, architectural and cultural resources through educational programs and general awareness campaigns.

1228.02 DEFINITIONS

For the purpose of this article, the following words and phrases shall have the meaning ascribed to them in this Section:

a) “Board” The Aston Township Board of Commissioners

b) “Building Inspector” The Aston Township Building Inspector

c) “Construct or Construction” The erection of a new building, structure or object upon a site.

d) “Demolition or Demolish” The razing or destruction, whether entirely or in significant part, of a building or structure. Demolition includes the removal of a building or structure from its site.

e) “Person” An individual, corporation, business trust, estate, trust partnership, limited liability company, association, joint venture, governmental subdivision agency, or instrumentality or any other legal or commercial entity.

f) “Historic Structure” Any structure on the Aston Township Historical Site Survey list prepared by Aston Township and approved by the Aston Township Board of Commissioners from time to time after consultation and advice with the Aston Township Historical Society. Additions to the Historical Site Survey can be made by the Township in accordance with the provisions of Section 8 herein.

g) “Township” Aston Township, Delaware County, Commonwealth of Pennsylvania

1228.03 DEMOLITION PERMIT REQUIRED

a) No person shall undertake demolition on any Historic Structure within the Township unless a demolition permit is first obtained from the Building Inspector.

b) Except as may be provided in subsection 4(d), the Building Inspector shall not issue a demolition permit on any Historic Structure until the Board first reviews and approves the application for the demolition permit.

1228.04 DEMOLITION PERMIT APPLICATION PROCESS

a) To obtain a demolition permit for a Historical Structure, an applicant must submit an application in writing on a form furnished by the Building Inspector for that purpose, together with the applicable fee(s). The fee for a demolition permit shall be based on the Township fee schedule. The minimum charge for the permit will be $150.00 (One hundred and fifty dollars).

b) Information required to be included in application:

1) Date of filing of application;

2) Name of applicant;

3) Address of building or structure to be demolished and owner of records if different from applicant;

4) Description of the building or structure to be demolished, including type of use, type of building construction, size and square footage and number of stories;

5) Site plan showing all buildings, structures and features of the property;

6) Reasons for demolition;

7) Method of demolition and disposition of materials from demolition;

8) Approximate date of commencement and completion of demolition;

9) Projected uses of the site following demolition of the building or structure; and

10) Will submit three (3) complete copies of application.

c) The demolition permit applications shall be signed by the applicant and such signature shall constitute a certification by the applicant and such signature shall constitute a certification by the signer that the information contained in the application is true and correct.

d) Within ten (10) working days of receipt of an application for a demolition permit, the Township shall publish notice of the application in a daily or weekly newspaper of substantial circulation in the Township. The Building Inspector shall also forward a copy of the demolition permit applications by regular mail to the Aston Township Historical Society at its registered address. The notice required shall state the following:

1) That an application has been filed for a demolition permit of a Historical Structure.

e) If within ten (10) days after the publication of the notice no written objection to the issuance of the permit is filed and remains open with the Building Inspector, then the demolition permit shall be issued to the applicant.

f) If within ten (10) days after the publication of the notice an objection is filed with the Building Inspector, then the Building Inspector shall forward the demolition permit application, together with all attachments, to the Board for its review. The objection shall be in writing and shall state the specific reasons for the objection.

g) Within sixty (60) days after receipt by the Board of an application for a demolition permit to which application an objection has been filed, or such later period not to exceed an additional ninety (90) days as may be agreed to by the Board and the applicant, the Board shall hold a public hearing on the application and objections thereof and make a decision whether to approve or deny the application for issuance of the demolition permit. The person applying for the demolition permit shall be given a minimum of ten (10) days advance written notice by mail of the time and place of the hearing if a special hearing, being a hearing other than a regularly scheduled Board meeting, is required to meet the time frame for the public hearing required herein or is otherwise requested by the applicant, the applicant shall be responsible for payment of the required fee for such special hearing as provided for in the Township fee schedule. The Board shall make a decision on the application within sixty (60) days following the close of the hearing, unless otherwise agreed to by the Board and the applicant. Failure of the Board to make a determination within the required time period shall be deemed to constitute an approval of the application.

h) At any time after filing an objection to the issuance of the permit, the objecting party may withdraw the objection by giving written notice of such withdrawal to the Board and the Building Inspector and, upon receipt of such withdrawal, provided the initial ten (10) day period after publication has expired and provided there are no other objections which remain outstanding, the permit shall be issued and any pending public hearing on the permit shall be canceled.

i) At the public hearing held on the application, the Board and the applicant may agree to postpone the public hearing to a later date, such postponement not to exceed an additional sixty (60) days from the date of that public hearing.

j) After the hearing when the Board reviews an application for a demolition permit, the Board shall consider the following factors, among other factors deemed appropriate by the Board, before reaching its decision on the application.

2) The historical, architectural or aesthetic significance of the building or structure.

3) The design and compatibility of the proposed work with the character of its site, including the effect of the proposed work on neighboring structures.

4) Whether the building or structure can be used for any purpose for which it is or may be reasonably adapted. To that end, the owner must demonstrate that the sale of the property is impracticable; that rental cannot provide a reasonable rate of return; and that other potential uses of the property are not feasible or available. The objector must also provide his, her, or its recommendation for the continued use of the building in question.

5) Where an application for demolition is based on economic hardship, the Board may lessen its requirement in order to account for the economic situation involved.

k) Every decision of the Board shall be in writing and shall state the reasons for the decision. The decision shall contain the findings of fact that constitute the basis of the decision. The Board shall furnish the applicant and objector with a copy of the Board’s decision, together with a copy of any recommendations the Board may have for changes necessary before the application will be reconsidered by the Board.

1) The Board may approve the application for a demolition permit subject to conditions.

2) In cases where the Board approves the issuance of a demolition permit, the Board shall require that the building or structure be recorded, at the applicant’s expense, according to the documentation standards of the Historic American Buildings Survey and the Historic American Engineering Record (HABS/HAER), with such written, drafted and photographic documentation being deposited with the Board and any other historical preservation agency or group the Board deems necessary. In no case will the applicant be forced to spend more than an additional $200.00 on this survey. Any additional expenses will be borne by the objecting party.

3) In the case of a demonstrated economic hardship, the Board may prescribe a less stringent form of documentation.

4) In cases where the Board approves the issuance of a demolition permit, the permit will be good for a six (6) month period unless upon written request the Board agrees to extend the time.

This article 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 person aggrieved by a decision of the Board, may, within thirty (30) days after receiving notice of the decision, seek judicial review of that decision in any court of competent jurisdiction. Each applicant shall offer interested citizens the opportunity to obtain photographs, drawings, or other materials they feel would be relevant.

The following penalties and remedies shall be applicable to violations of this Article:

1) Failure to perform any action required by this Article or performance of any action, which is prohibited by this Article, shall constitute a violation hereof. Any person violating any of the provisions of this Article shall be subject to a fine of not more than Six Hundred Dollars ($600.00) 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 ninety (90) days. Each day that a violation continues shall constitute a separate violation. All fines collected shall be deposited into the Township general fund. At the discretion of the Board, these funds may be used for historic preservation, to further the achievement of the purpose described in Section 1(b).

1) Notwithstanding the provisions of subsection (a) of this Section, any person who demolishes a building or structure in violation of the provisions of this Article, or in violation of any conditions or requirements specified in a permit issued pursuant to this Article, may be required to restore and/or relocate the building or structure involved to its appearance and/or location prior to the violation. Such restoration and/or relocation may be in addition to, and not in lieu of, any penalty or remedy available under this Article or any other applicable law.

2) Notwithstanding the provisions of subsection (a) of this Section, in the event any building or structure is demolished in violation of this Article, the Board may institute appropriate proceedings in any court of competent jurisdiction to prevent or remedy such unlawful demolition.

The Board may add structures to the Township list, which the Board finds to be significant to the Township for its ability to meet one or any combination of the following criteria:

a) Listed in or determined to be eligible for the National Register of Historic Places as provided in the National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq.

b) Listed in the Aston Township Historic Sites Survey prepared by the Delaware County Planning Department as updated from time to time.

c) Has significant character, interest, or value as an example of the development, heritage or cultural characteristics of the Township, the County, the Commonwealth, or the United States.

e) Exemplifies the cultural, political, economic, social or historical heritage of the community.

f) Embodies distinguishing characteristics of an architectural style of engineering specimen.

g) Is the work of a designer, architect, landscape architect or engineer whose individual work has significantly influenced the development of the Township, the County, the Commonwealth or the United States.

h) Contains elements of design, detail, materials or craftsmanship, which represent a significant innovation.

i) Is the singular known example of a design or use of material or style of architecture within the Township.

j) Is part of the historic context of a square, park, or other distinctive area which should be preserved, according to a plan, based on an historic, cultural, or an architectural context.

k) Is a landmark; that is, an established and familiar visual feature which assists in defining the character of the neighborhood, community or Township due to its unique location or singular physical characteristic.

l) Has yielded or is likely to yield information of importance to the Township, County’s Commonwealth’s or United States history.

Effective date: This Ordinance shall be effective ten (10) days from the date of adoption.

Repealer: Any prior ordinance or parts thereof inconsistent with this ordinance are hereby repealed.

Severability : The provisions of this ordinance and code sections adopted hereby are severable, and if any clause, sentence or section thereof shall be adjudged invalid or unconstitutional, such decision or judgment shall not affect the validity of the remaining provisions.