BOROUGH OF KENNETT SQUARE

Chester County, Pennsylvania

ORDINANCE NO. ______

AN ORDINANCE AMENDING THE KENNETT SQUARE BOROUGH CODE, REPEALING CHAPTER 2, ADMINISTRATION, ARTICLE VI HISTORICAL COMMISSION IN ITS ENTIRETY; AND ADDING A NEW CHAPTER 25 HISTORIC DISTRICT

WHEREAS, the Borough Council for the Borough of Kennett Square has the authority pursuant to General Municipal Law, 53 P.S. §8002, to create and define, by ordinance, a historic district or districts within the geographic limits of the Borough;

WHEREAS, the Borough of Kennett Square has the authority pursuant to sections 1006 and 1202(5) of The Borough Code, 8 P.S. §§1006 and 1202(5), to make regulations necessary for the health, safety, morals, general welfare, comfort, and safety of persons within the Borough; and to establish regulations and ordinances beneficial to the Borough;

WHEREAS, the Borough of Kennett Square specifically finds that the protection of those portions of Kennett Square Borough which reflect cultural, economic, social, political, and architectural history of the Borough is beneficial to the Borough and its residents; and

WHEREAS, the Borough of Kennett Square has determined that the enactment of this ordinance will promote and preserve the cultural, economic, social, political, and architectural history of the Borough for the benefit of the Borough and its residents.

NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Borough Council of the Borough of Kennett Square, as follows:

Section 1. The Kennett Square Borough Code, Chapter 2, Administration, Article VI, Historical Commission, is repealed in its entirety.

Section 2. The Kennett Square Borough Code is amended by adding a new Chapter 25, Historic District, as follows:

Chapter 25 HISTORIC DISTRICT

Article I. Legal Authorization, Purpose, and Scope of Regulation

Section 25-1 Legal authorization(a) The Kennett Square Borough Historic District (“HD”) is created pursuant to the

Municipal Historic Districts Law of June 13, 1961, P.L. 282, No. 167, 53 P.S. §8002 et seq. (“Act 167”).

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(b) This Ordinance shall be known and may be cited as the Kennett Square Borough Historic District Ordinance

Section 25-2 Purpose and intent

This Historic District is created for the following purposes:

 (a)      To further the implementation of Article I, Section 27 of the Pennsylvania Constitution, that states:

The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come.  As trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.

  (b) To accomplish, through the creation of a Historic District, the following: 

(1)       Promote, protect, enhance, perpetuate, and preserve the Historic District for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of buildings, structures, and areas of historic interest or importance within the Borough;

(2)       Safeguard the heritage of the Borough by preserving and regulating the Historic District which reflects elements of its cultural, social, economic, political, and architectural history;

(3)       Preserve and enhance the environmental quality of neighborhoods;

(4)       Strengthen the Borough’s economic base by the stimulation of the tourist industry;

(5)       Stabilize and improve property values;

(6)       Foster economic development;

(7)       Foster civic pride in the Borough's beauty and past accomplishments;

(8)       Preserve and protect the cultural, historical and architectural assets of the Borough for which the Borough has been determined to be of local, state or national, historical and/or architectural significance; and

(9)       Encourage appropriate settings and continued construction of buildings in general harmony with respect to style, form, proportion, texture, and materials between buildings of historic design and those of more modern design. 

Section 25-3 Scope of regulation

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(a)       The Kennett Square Borough Historic District is shown on the Historic District Map of Kennett Square Borough that is contained in Appendix 1 of this chapter.  The provisions of this chapter shall be applied, in accordance with its applicable terms, to all land, buildings, and structures that are viewed or may be viewed from a public way within the boundaries of the Kennett Square Borough Historic District. 

(b)       The principal focus of this ordinance is on the following proposed changes to a property located within the Kennett Square Borough Historic District that are visible from a public way:

(1)       New construction;

            (2)       Demolition; and

(3) Alteration, restoration, rehabilitation, or reconstruction, other than routine maintenance and minor repair.

Any activity involving new construction, demolition, or alteration, restoration, rehabilitation, or reconstruction on a property located within the Kennett Square Borough Historic District that requires a building permit or demolition permit shall be subject to the terms and procedures of this chapter.           

(c)       No permanent sign or other structure within the Kennett Square Borough Historic District may be constructed, altered, or otherwise changed in whole or part, nor may the exterior architectural character of any structure be altered, where such construction, alteration, or change necessitates a building permit, unless such proposed action is determined to be in compliance with the applicable terms of this chapter.

(d) If any proposal for construction, alteration, or other change in the Historic District involves subdivision or land development approval by the Borough Council, all approvals therefor shall be obtained prior to application for building permits and HARB review.

(e) Any alteration, restoration, rehabilitation, or reconstruction of a residential building or structure in the Kennett Square Borough Historic District that does not require a building permit under the terms of the Uniform Construction Code shall not be subject to the terms of this ordinance. Such activities may include, but are not limited to, the following:

(1) Replacement of glass in a door or window.

(2) Replacement of a window, door or garage door.

(3) Installation of a new window.

(4) Replacement of a roof or a portion thereof.

(5) Replacement of existing siding with material similar to that which exists; proposed replacement or coverage of existing siding with substantially different material shall require a building permit and shall be subject to the terms of this ordinance.

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(6) Repair/replacement if a porch or stoop, or any part thereof, that does not structurally support a roof above.

(7) Replacement of exterior gutter

(8) Installation of an uncovered deck, if the deck floor is no more than 30 inches above grade.

(9) Exterior painting or tiling of a residential or non-residential structure.

(f)       No permit for the demolition of any structure visible from a public way and located within the Kennett Square Borough Historic District may be issued without the review of an application for a Certificate of Appropriateness by the HARB, a recommendation by the HARB for action by Borough Council, and approval of the application by Borough Council. 

(g) Any person requesting a permit under this article shall be entitled to a meeting before the HARB.

(h)        Nothing in this chapter shall be construed to prevent the Routine Maintenance or minor repair of any exterior elements of any building or structure, nor shall anything in this chapter be construed to prevent the construction, reconstruction, alteration, or demolition of any such elements which Borough Council shall certify as required for public health, safety or general welfare.

(i)       Projects that the Secretary of the Interior, as administered by the National Park Service, has approved as certified rehabilitation are deemed approved and need not be reviewed according to the provisions of this article, provided that:           

(1)       Copies (one each) of the Part 1, Evaluation of Significance, and Part 2, Description of Rehabilitation Work, applications, along with evidence of their approval from  the National Park Service, are submitted to the Code Enforcement Officer; and

(2)       The project is proposed to be completed as stated in the Part 2 application.

Article II. Definitions

Section 25-4 Definitions

When used in this Chapter, the following words, terms, and phrases shall have the following meanings, unless expressly stated otherwise, or unless the context clearly indicates otherwise:

ALTERATION – Any act or process requiring a building permit, including without limitation the replacement, reconstruction, rehabilitation, demolition, or relocation of any structure or any part of a structure, which is visible from the public way.

BOROUGH COUNCIL – Shall mean the Kennett Square Borough Council.

BUILDING – Any combination of materials forming an enclosed structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged

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for the housing, sheltering, or enclosure of persons, animals, or property of any kind, including attached structures such as utility sheds and carports.

BUILDING or DEMOLITION PERMIT – An approval statement signed by the Code Enforcement Officer authorizing the construction, alteration, reconstruction, repair, restoration, or demolition of all or a part of any building or structure within the Kennett Square Borough Historic District.

BUILDING or DEMOLITION PERMIT APPLICATION – The request filed by any person with the Code Enforcement Officer that seeks authorization to erect, alter, reconstruct, repair, restore, or demolish all or a part of any building or structure located in the Kennett Square Borough Historic District that requires, or may require, a Certificate of Appropriateness.

BUILDING INSPECTOR – Shall mean the Code Enforcement Officer.

CERTIFICATE of APPROPRIATENESS – The approval statement signed by Borough Council which certifies to the historical and/or architectural appropriateness of a particular proposal for the erection, alteration, reconstruction, restoration, or demolition of all or a part of any building, structure, object, or sign within the Kennett Square Borough Historic District and authorizes the issuance of a building permit or demolition permit (if required) for said request.

CERTIFIED REHABILITATION – Rehabilitation/construction plans and work which have been approved by the National Park Service in order to qualify for federal historic preservation tax incentives.

CODE ENFORCEMENT OFFICER - A Borough employee or an individual designated by the Borough as the individual who enforces compliance with building and/or fire codes and issues the permit for the erection, alteration, reconstruction, repair, restoration, demolition or razing of all or a part of any building or structure within the Kennett Square Borough Historic District.

DEMOLITION – The dismantling or tearing down of all or part of any building or structure and all operations incidental thereto.

DEMOLITION BY NEGLECT – The absence of routine maintenance and repair which can lead to structural weakness, decay, and deterioration of a building or structure that may contribute to and/or necessitate its demolition.

ERECTION – The result of construction, such as, a building, structure, sign, or object on the ground or on a structure or building.

HISTORIC DISTRICT – For purposes of this chapter, an area or areas within the Borough of Kennett Square designated by this Ordinance and delineated on the Historic District Map of Kennett Square Borough, contained in Appendix 1 of this chapter, and which is consistent with the terms of Pa. Act 167 of 1961, as amended.

HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB) – The agency that makes recommendations to Borough Council on the issuance of Certificates of Appropriateness associated with any requests for authorization to erect, alter, reconstruct, restore, or demolish all or part of any building within a historic district.

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MINOR REPAIR – The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition, or any portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall “minor repairs” include addition to, alteration of, replacement of, or relocation of any stand pipe, water supply sewer, drainage, drain leader, gas, soil, waste, vent, or similar piping, electric wiring, or mechanical or other work affecting public health or general safety.

PUBLIC STREET or WAY – Any land dedicated to public use or passage, including but not limited to streets, alleys, parks, and pedestrian rights-of-way, whether constructed, dedicated, or proposed.

RECONSTRUCTION – The act or process of reproducing by new construction the form, features, and detailing of a no longer extant building, structure, or object, or a part thereof, as it appeared at a specific period of time but not necessarily of original material.

REHABILITATION – The process of returning a property to a state of utility through repair or alteration, which provides for a contemporary use while preserving those portions and features of the property which are significant to its historical, architectural, and cultural values.

RESTORATION -- The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make a property functional is appropriate within a restoration project.

ROUTINE MAINTENANCE – The replacement of existing construction with the same or substantially similar material for the purpose of maintenance only, but not including any addition, removal, or modification in construction.

SIGN – Any structure or part thereof or any device attached to or associated with a building, including any letter, word, model, device, picture, symbol, or representation intended as an announcement, direction, or advertisement, and which may be either freestanding, attached to another structure, or painted on the exterior wall of a building.

STRUCTURE – Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, signs, sheds, manufactured homes, fences, walls, towers, porches, garages, and other similar structures. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

Article III. Delineation and Interpretation of the Historic District

Section 25-5 Delineation of Historic District

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(a) The Kennett Square Borough Historic District is shown on the Kennett Square Borough Historic District Map, which is hereby adopted by reference, declared to be a part of this chapter, and attached as Appendix 1.

(b) Interpretation of boundaries.

(1) Boundaries shown as approximately following the center lines of streets or alleys shall be construed to follow such center lines.

(2) Boundaries shown as approximately following lot lines shall be construed as following such lines.

(3) Boundaries shown as parallel to or extensions of features indicated above shall be so construed. Distances not specifically stated on the map shall be determined by the scale of the map.

(4) Where topographical or man-made features existing on the ground are at variance with those shown on the map or in other circumstances not covered by the above, the Borough Council or Codes Enforcement Officer shall interpret the boundaries of the district.

Article IV. Historical Architectural Review Board; Creation; Membership; and Duties

Section 25-6 Creation and membership of the HARB

(a) A Historical Architectural Review Board is hereby established, to be composed of seven members appointed by Borough Council. The membership of the HARB shall be as follows:

(1) One (1) member shall be a registered architect.

(2) One (1) member shall be a licensed real estate broker.

(3) One (1) member shall be the Building Inspector in the Borough of Kennett Square.

(4) Four (4) members shall be persons with demonstrated interest, knowledge, ability, experience, or expertise in restoration, historic rehabilitation, or neighborhood conservation or revitalization who have interest in the preservation of the Historic District.

(A) Each shall be a resident of Kennett Square Borough.

(B) Two (2) shall also be owner-occupants of property located in the Kennett Square Borough Historic District.

(C) Where feasible, one of these four members shall also be a member of the Kennett Square Borough Planning Commission.

(b) Members of the HARB shall be appointed for three-year terms and may be reappointed. The terms of the members of the initial HARB shall be staggered so that no more than one member shall be replaced or reappointed during any one calendar year. Vacancies on the HARB shall be filled through appointment

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by Borough Council within one hundred twenty (120) days. However, where possible a member whose term expires shall continue in office after expiration of the term until a successor has been appointed. The successor shall serve for a term of three (3) years.

(c) When a member of the HARB appointed in her/his capacity of registered architect, licensed real estate broker, the Building Inspector, or a Planning Commission member ceases to function as such, her/his term shall automatically be considered vacant. An appointment to fill a vacancy created under these circumstances shall be only for the unexpired portion of the term. Such a vacancy shall be filled by Borough Council within a six-month time period.

(d) The HARB shall elect its own Chairman, Vice-Chairman, and Secretary and may create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The HARB may make and alter bylaws and regulations to govern its procedures, consistent with the ordinances of the Borough and the laws of the Commonwealth of Pennsylvania.

(e) Conflict of Interest

(1) A HARB member is required to recuse himself or herself from a matter which involves persons with whom the HARB member has a direct involvement, personally or financially.

(A) A HARB member is deemed to have a direct personal involvement with members of his or her immediate family, in-laws, and close friends.

(B) A HARB member has a direct financial involvement with an individual who owns a part of or is employed by a business with which the HARB member is associated within the 2 years prior to the HARB's review of a matter in question if the financial involvement was of more than a de minimis nature.

(C) If a HARB member recuses himself or herself from a matter he or she will:

(i) Remove himself or herself from that segment of the HARB meeting wherein the matter is to be discussed and avoid casual discussion of the matter with other HARB members.

(ii) Receive no further information from the HARB regarding the matter.

(iii) Receive copies of minutes of the meeting containing deletions so as to not disclose the matter to the recused HARB member.

(f) Removal of Members – Any HARB member shall serve at the pleasure of Borough Council and may be removed by a majority vote of Borough Council.

(g) Compensation – The members of the HARB shall serve without compensation, but may be reimbursed for direct expenses. The HARB may employ secretarial

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and professional assistance and incur other necessary expenses with the prior approval of Borough Council.

(h) Meetings – The HARB shall meet publicly at least monthly at regularly scheduled intervals, provided there is business to conduct. Further, the HARB may hold any additional meetings it considers necessary to carry out its powers and duties indicated in this chapter. Such meetings shall be open to the public. A majority of the HARB shall constitute a quorum and action taken at any meeting shall require the affirmative vote of a majority of the members present.

Section 25-7 Powers and duties of the HARB

(a) Certificate of Appropriateness –

The HARB shall make recommendations to Borough Council regarding the advisability of issuing any Certificate of Appropriateness in accordance with the Pa. Act of June 13, 1961, as amended, and the terms of this chapter.

(b) Pre-application Review Procedure –

Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors and/or developers, owners or agents may submit preliminary scale drawings and outline specifications for review and informal discussion with the HARB. The purpose of this review shall be to acquaint the developer, owner, or agent with standards of appropriateness of design that are required.

The pre-application review shall not require formal application but does require notice to be given to the Code Enforcement Officer and subsequent notification of the chairman of the HARB at least seven working days before the date of the regularly scheduled HARB meeting at which the preliminary drawings are to be discussed. Eight copies of all documents shall be submitted to the Code Enforcement Officer, who shall forward seven copies to the chairman of the HARB.

(c) Annual Reports –

The HARB shall make an annual report to Borough Council, which shall include:

(1) Any recommended changes to the Ordinance;

(2) The number and types of cases reviewed;

(3) The number of cases for which the HARB made a recommendation for a Certificate of Appropriateness;

(4) The number of HARB meetings which each member attended;

(5) Historic preservation-related training which each member attended;

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(6) A narrative summary describing the state of preservation in the Kennett Square Borough Historic District, with recommendations on policy, goals, and objectives for Borough Council consideration.

(d) Training –

HARB members and HARB support staff shall attend a minimum of eight (8) hours annually of seminars, conferences, or workshops related to historic preservation and HARB administration.

(e) The HARB may, as appropriate and feasible, participate in public education and information programs to enhance awareness of the importance and benefits of the Historic District.

(f) The HARB shall maintain an official list of all historic resources regulated by the Secretary of Interior's Standards for Rehabilitation (National Register Inventory), showing the classification of each resource and to update on a regular basis any changes in classification.

Article V. Design Review Guidelines

Section 25-8 Design review guidelines

(a) In determining the recommendations to be made to Borough Council concerning the issuance of a Certificate of Appropriateness, the HARB shall consider those matters that are pertinent to protecting the integrity of the Kennett Square Borough Historic District, including, as applicable, the preservation of the historical and/or architectural aspect and nature of the building, structure, site, or area that is the subject of the proposed action.

(b) Where rehabilitation is proposed, the HARB shall consider the degree to which the proposed work complies with the most current version of the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties and the Guidelines for Rehabilitating Historic Buildings, U.S. Dept. of the Interior.

(c) For any new construction of a building or any substantial addition to an existing building, the HARB shall evaluate the following:

(1) The extent to which the proposed construction conforms to existing building setbacks and yards widths predominant within the block where the 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 opaque facade.

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(d) In addition, where deemed applicable by the HARB, it shall consider the following factors in making its recommendation on a Certificate of Appropriateness:

(1) The degree to which the exterior architectural features that can be seen from a public street or way are deemed appropriate, as determined by the HARB, in relation to similar features of contributing buildings or structures in close proximity.

(2) The general design, arrangement, texture, and material of a building or structure and the relation of such factors to similar features of buildings or structures in the Historic District. Consideration shall be given but not limited to the following:

(A) Proportion of Building Front Facade – Preserving the relationship between the width of the front of the building and the height of the front of the building.

(B) Proportion of Openings within the Building – Preserving the relationship of width to height of windows and doors.

(C) Rhythms of Solids to Voids in the Front Façade – Preserving the relationship between a recurrent alteration of strong and weak architectural elements, thereby maintaining a rhythm of solids to voids.

(D) Rhythm of Spacing of Buildings on Streets – Preserving the existing rhythm of recurrent or repeated building masses to spaces between each building.

(E) Rhythm of Entrance and/or Porch Projections – Preserving the existing rhythm of entrances or porch projections to maintain a pedestrian scale.

(F) Relationship of Materials – Preserving the predominant materials of the Historic District, such as brick, stone, stucco, wood siding, or other material.

(G) Relationship of Textures – Preserving the predominant textures of the Historic District; these may be smooth, such as stucco, or rough, such as brick with tooled joints or horizontal wood siding or other textures.

(H) Relationship of Architectural Details – Preserving character-defining architectural details of buildings, including but not limited to cornices, lintels, arches, quoins, balustrades and iron work, chimneys, etc.

(I) Relationship of Roof Shapes – Preserving compatible roof shapes such as gable, mansard, hip, flat, gambrel, or other appropriate roof shapes.

(J) Walls of Continuity – Preserving physical elements that comprise streetscapes, such as brick walls, wrought iron fences, building

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facades, or combinations of these which form visual continuity and cohesiveness along the street.

(K) Directional Expression of Front Elevation – Preserving the orientation of structural shapes, plan of openings, and architectural detail that reflect a predominantly vertical or horizontal character to the building’s façade.

(L) Scale – Preserving the scale of the built environment created by the size of units of construction and architectural detail that relate to the size of persons; in addition, preserving the building mass and its relation to open space.

(M) Variations – The HARB may recommend variations in a manner that will be in harmony with the character of other buildings or structures on the street and/or within the Historic District.

(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 Borough Council.

Section 25-9 Signs

(a) No sign or advertising display of any kind or for any purpose shall be erected or altered within the Historic District, notwithstanding compliance with the applicable sign regulations of the Kennett Square Borough Zoning Ordinance, article VI, “Signs” until:

(1) An application for a permit to make such erection or alteration has been reviewed by the HARB on the basis of its general compatibility with the architecture of the district. In reviewing the application for sign construction or alteration, the HARB shall give consideration to the following:

(A) Clarity of Message. A primary sign should limit its information to the name of a business and the character of its goods or services.

(B) Colors. Sign colors shall harmonize with the building architecture on which the sign is placed. Sign colors shall harmonize with the surrounding streetscape.

(C) Printing. Clarity of printing will be considered as well as historical appropriateness of type style for the period of a building and surrounding buildings.

(D) Exterior material composition.

(E) Exterior structural design.

(F) Size of similar advertising used in the architectural period of the building.

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(2) A written recommendation on the application has been forwarded by the HARB to Borough Council; and

(3) A Certificate of Appropriateness has been approved by Borough Council.

(b) Historical markers may be authorized by the HARB, subject to conditions or provisions that it may stipulate. Such markers shall not be considered as signs, but are to be erected in accordance with any requirements that may be established for historical markers by the HARB.

Article VI. Application Review Procedure

Section 25-10 Application review procedure

(a) The following procedures shall be followed for any proposed activity governed by the terms of this chapter, except where Borough Council determines, based upon a recommendation from the HARB as authorized under Section 25-7(b) of this chapter, that the proposed activity does not require an application for a Certificate of Appropriateness.

(b) Content of Application – The building or demolition permit application submitted for approval of a Certificate of Appropriateness shall be accompanied by the following (except where the HARB, upon a written request from the applicant or as established during the Pre-application Review Procedure conducted in accordance with Section 25-7(b) of this chapter, determines that an item or items do not need to be included with the application):

(1) Plans and exterior elevations, drawn to scale, with sufficient detail to show, as it relates to exterior appearances, the architectural design of the building or buildings, including proposed materials, textures, colors, and dimensions.

(2) Plot or site plans, drawn to a scale not smaller than one inch equals 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 any other relevant elements.

(3) Photographs, as follows:

(A) Any application for repair, alteration, rehabilitation, and/or addition to an existing structure 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 structure to them.

(B) Any 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.

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(4) Where the application involves demolition, the application form shall be accompanied by the items required in Article VIII of this chapter.

(5) An application fee, in an amount as established by resolution of Borough Council.

(c) Upon receipt of a complete permit application, including the applicable requirements of this chapter, for work to be done in the Historic District, the Code Enforcement Officer shall act in accordance with the procedures for issuance of a permit, as modified by the following requirements:

(1) The Code Enforcement Officer shall forward copies of the completed application to the HARB.

(2) The Code Enforcement Officer shall not issue a building or demolition permit for any erection, alteration, reconstruction, rehabilitation, restoration, or demolition of all or part of any building in the Historic District until Borough Council has issued a Certificate of Appropriateness. If the Code Enforcement Officer or her/his representative issues a permit without a Certificate of Appropriateness due to an administrative or clerical error, said permit shall be voided.

(3) The Code Enforcement Officer shall require applicants to submit a sufficient number of copies of material required to be attached to a completed application for a permit and/or for a requested Certificate of Appropriateness so that the information needed to make the determination, as set forth in Section 25-10(h), will be available.

(4) An applicant for a demolition permit shall, in addition to the requirements of this article, comply with the terms of Article VIII of this chapter.

(5) The Code Enforcement Officer shall maintain in his office a record of all such applications and final dispositions of the same.

(6) The Code Enforcement Officer is authorized to issue a permit for the construction, alteration, rehabilitation, or restoration of a building in the Historic District if evidence is presented that the project is an approved certified rehabilitation as defined in Section 25-4 and approved pursuant to Section 25-3(g). Approved certified rehabilitation projects need not be reviewed by the HARB or Borough Council.

(d) Board Review of Applications – Within 30 days of receipt of a completed application under the jurisdiction of this chapter, the HARB shall consider such at a regularly scheduled monthly meeting or special meeting.

(e) Notification to Applicant of HARB Meeting – The owner of record or her/his representative(s) applying for a permit and/or Certificate of Appropriateness shall be advised in writing of the time and place of said meeting, at least 10 days prior to the meeting, and be invited to appear to explain her/his proposal. The HARB may invite such other persons as it desires to attend its meeting.

(f) Time Frame for Board Decision – Within 30 days of completion of the meeting or meetings at which it considers the application, the HARB shall render a decision

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and recommendation on the request for a Certificate of Appropriateness, and shall submit a written recommendation to Borough Council concerning the issuance of a Certificate of Appropriateness. Should the HARB fail to notify the applicant and/or Borough Council of its decision within said 30-day period, the application shall be deemed to be recommended for a Certificate of Appropriateness, unless the applicant waives the time limit in writing.

(g) Design Guidelines – In determining its recommendation to be presented to Borough Council concerning the issuance of a Certificate of Appropriateness, the HARB shall consider the Design Guidelines set forth in Article V, and any other design guidelines developed and/or utilized by the HARB pursuant to and consistent with the objectives of this chapter.

(h) Recommendation by the HARB.

(1) Application Approval – Where the HARB’s decision is to recommend approval of the application for a Certificate of Appropriateness, it shall so indicate in its written report to Borough Council, as provided in Subsection (i), below, and shall so notify the applicant.

(2) Application Disapproval.

(A) If the HARB recommends against granting a Certificate of Appropriateness, it shall so indicate in writing to the applicant. The disapproval shall indicate those changes in plans and specifications, if any, which would protect (i) the distinctive historical character of the Historic District, and (ii) the architectural integrity of the building or structure.

(B) Where it suggests changes to the plans and specifications, the HARB shall withhold its report for five (5) business days to allow the applicant to decide whether or not to make the suggested changes in her/his plans and specifications. If the applicant determines that she/he will make some or all of the necessary changes, she/he shall so advise the HARB, which shall in turn advise Borough Council accordingly and which may, as it deems appropriate, reconsider its recommendation for disapproval before communicating with Borough Council.

(C) Where the HARB recommends disapproval and makes no suggestions for changes to the applicant’s plans and specifications, or where the applicant chooses not to make the suggested changes, the HARB shall transmit its written recommendation to Borough Council.

(i) Contents of Written Report – The written report to Borough Council concerning the HARB’s recommendations on the issuance of a Certificate of Appropriateness shall set out the findings of fact that shall include, but need not be limited to, any or all of the following matters as deemed appropriate by the HARB:

(1) The exact location of the area in which the work is to be done.

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(2) The exterior changes to be made or the exterior character of the building or structure to be erected.

(3) A list of the surrounding structures with their general exterior characteristics.

(4) The effect of the proposed change upon the general historic and architectural nature of the Historic District.

(5) The appropriateness of exterior architectural features of the building that can be seen from a public street or way.

(6) The general design, arrangement, texture, and material of the building or structure and the relation of such factors to similar features of buildings or structures in the Historic District.

(7) The opinion of the HARB (including any dissent) as to the appropriateness of the proposed work or project and the extent to which it will preserve or destroy the historic and/or architectural character and nature of the Historic District.

(8) The specific recommendations of the HARB, based on findings of fact, as to the action by Borough Council to approve or deny the issuance a Certificate of Appropriateness.

(j) Notification of Applicant by Borough Council -- Upon receipt of the written report from the HARB, Borough Council shall consider, at its next regularly scheduled or special meeting, the question of issuing to the Code Enforcement Officer a Certificate of Appropriateness authorizing a permit for work covered by the application. The applicant shall be advised in writing by the Borough of the time and place of the meeting at which her/his application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing said application.

(k) Design Guidelines – In determining whether or not to certify the appropriateness of the proposed erection, alteration, reconstruction, rehabilitation, restoration, or demolition of all or a part of any building or structure within the Historic District, Borough Council shall consider the design guidelines set forth in Article V of this Ordinance and the report of the HARB.

(l) Decision of Borough Council

(1) Application Approval – If Borough Council approves the application, it shall issue a Certificate of Appropriateness authorizing the Code Enforcement Officer to issue a permit for the work covered.

(2) Application Disapproval

(A) If Borough Council disapproves the application, written reason(s) shall be given to the Code Enforcement Officer, the applicant, and the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting, (i) the

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distinctive architectural and/or historical character of the Historic District, and, (ii) the architectural integrity of the building or structure.

(B) Upon receipt of a written disapproval by Borough Council, the Code Enforcement Officer shall deny the applicant’s proposed activity and so advise the applicant. The applicant may appeal this disapproval to the Chester County Court of Common Pleas within the time specified by law.

(3) Final Notification by Borough Council – Borough Council shall notify the applicant in writing of its decision within fifteen (15 days) of the meeting at which the decision was reached. Should Borough Council fail to so notify the applicant, the application shall be deemed approved, unless the applicant had previously waived the time limit in writing.

Article VII. Unreasonable Economic Hardship

Section 25-11 Unreasonable economic hardship

(a) Where a claim of unreasonable economic hardship is made due to the effect of this Ordinance, the owner of record must present evidence sufficient to prove that, as a potential result of the HARB’s recommendation, she/he is unable to obtain a reasonable return or a reasonable beneficial use from the property. The owner of record shall submit information by affidavit to the HARB to document the claim; such information shall include, but need not be limited to, the following, except where one or more items are deemed unnecessary by the HARB:

(1) Date the property was acquired by its current owner.

(2) Price paid for the property (if acquired by purchase) and a description of the relationship, if any, between the buyer and the seller of the property.

(3) Mortgage history of the property, including current mortgage and the annual debt service, if any, for the previous two (2) years.

(4) Current market value of the property.

(5) Equity in the property.

(6) Income and expense statements for the past two (2) years.

(7) Current owner's capital expenditures on the property.

(8) Income and property tax factors affecting the property.

(9) Any existing appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, offerings for sale, financing, or ownership of the property.

(10) Any existing studies commissioned by the owner as to profitable renovation, rehabilitation, or utilization of any structures or objects on the property for alternative use.

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(11) Estimates of the cost of the proposed erection, reconstruction, alteration, rehabilitation, restoration, or demolition and estimates of any additional cost(s) that would be incurred to satisfy the HARB's recommended terms for a Certificate of Appropriateness. Such estimates shall be obtained from bona fide contractors or vendors deemed qualified by the HARB. The number of such estimates shall be as required by the HARB, at its discretion.

(12) Form of ownership or operation of the property, whether sole proprietorship, for-profit or non-profit corporation, limited partnership, joint venture, or other.

(b) The HARB shall evaluate the existing condition of the building or structure and its

architectural features based on its inspection, photographs, or report from the Code Enforcement Officer.

(c) The HARB may seek the assistance of appropriate local, state, or national preservation organizations in developing solutions that would relieve the owner’s economic hardship. If the HARB chooses to explore such options, and the applicant waives the applicable time limit in writing, the HARB may delay its recommendation on a Certificate of Appropriateness on the basis of economic hardship for a period not exceeding ninety (90) days in addition to time periods otherwise applicable.

(d) The HARB may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.

(e) Where proposed by an applicant to ameliorate economic hardship affected by required compliance with the terms of this chapter:

(1) No substitute material shall be approved which is inappropriate, incompatible, or is destructive or has the potential to be destructive to the original fabric of the building or structure.

(2) No capping with aluminum, vinyl, or similar material shall be allowed on the exterior of character-defining features of a building or structure.

(f) The HARB shall present its findings and recommendations in a written report to Borough Council, which shall then make a final determination on the applicant’s request.

Article VIII. Demolition

Section 25-12 HARB consideration of proposed demolition

(a) In addition to other applicable provisions of this chapter, any proposed demolition of a building or structure within the Historic District shall be subject to the following standards and procedures:

(1) Every application for a permit to demolish a structure shall be accompanied by a set of clear photographs showing all sides of the

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building under consideration and any interiors which relate to its state of disrepair or substantiate the need for demolition, and photographs showing the contiguous properties and the relationship of the building to them.

(2) As deemed necessary by the HARB, the applicant shall provide written documentation of an analysis of the following factors which the HARB may consider, as it deems appropriate:

(A) Whether the demolition of the building or structure in question will adversely affect the historic significance, architectural integrity or the historic character of the neighborhood or the Historic District;

(B) If the demolition will not result in the complete removal of the building or structure, whether it will minimize adverse effects on the architectural and structural integrity, the overall appearance, and the potential for reuse of the resulting structure;

(C) Whether it is infeasible to continue the current use;

(D) Whether other uses permitted within the underlying zoning district have been denied or are not feasible due to constraints on the building or structure proposed to be demolished;

(E) Whether adaptive use opportunities do not exist due to constraints related to the building or structure proposed to be demolished or the property on which it is located;

(F) Whether the proposed new use of the property, including any new building or structure, will adversely affect the historic character or architectural integrity of the neighborhood, or the Historic District;

(G) Whether the permitted uses and adaptive use potential of the building or structure proposed to be demolished provide a reasonable rate of return based on a reasonable initial investment; and

(H) Whether the applicant has contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration, or similar physical action.

(3) In any case involving the proposed demolition or partial demolition of a building or structure, prior to determining its recommendation to Borough Council, the HARB may call upon the Borough Engineer, at the expense of the applicant, to provide it with a report on the structural integrity, state of repair, and stability of the building or structure under consideration.

(4) Should the HARB determine, in its review of an application for demolition, that the owner’s present return on investment in the property is not reasonable, it shall consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes.

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(5) The HARB may seek the assistance of appropriate local, state, or national preservation organizations in developing solutions that would relieve the owner’s economic hardship. If the HARB chooses to explore such options, and the applicant waives the applicable time limit in writing, the HARB may delay its recommendation on a Certificate of Appropriateness for demolition on the basis of economic hardship for a period not exceeding ninety (90) days in addition to time periods otherwise applicable.

(6) Where the HARB recommends and Borough Council approves a Certificate of Appropriateness for the demolition of a building or structure within the Historic District, a good faith effort shall be made by the Borough and the owner(s) to move said building or structure to a suitable alternate site. If moving a building or structure slated to be demolished is economically and/or practically infeasible, as determined by the Borough, efforts shall be made by the applicant to salvage architectural features of said building or structure for use at another location.

Section 25-13 Demolition by neglect

All buildings and structures within the Kennett Square Borough Historic District shall be maintained in good repair and shall be reasonably protected against decay and deterioration so as to avoid a condition of demolition by neglect, as defined by this chapter. The Code Enforcement Officer shall evaluate the condition of any such building or structure against the criteria for demolition by neglect contained in the currently adopted edition of the Uniform Commercial Code (”UCC”) and shall institute proceedings to avert or remedy such condition in accordance with the terms of the UCC, as he deems necessary.

Article IX. Violations, Enforcement, and Penalty

Section 25-14 Notice of violation

The Code Enforcement Officer shall serve a notice of violation on the person in violation of this chapter. Violations shall result from, but not be limited to: (1) failure to comply with the procedures and requirements for obtaining a Certificate of Appropriateness where required for the erection, reconstruction, alteration, rehabilitation, restoration, or demolition of any building or structure within the Historic District which can be seen from a public way; or (2) failure to comply with any terms under which a Certificate of Appropriateness is issued. Such notice shall require the abatement of said violation.

Section 25-15 Enforcement

The Code Enforcement Officer or his designated representative shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this chapter.

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Section 25-16 Penalty

Any person, property owner, occupant, firm, or contractor undertaking work on a property without obtaining or complying with a Certificate of Appropriateness as required by this Ordinance shall be fined the sum of $600 for each day the violation is unabated.

Article X. Historic District Map

Section 25-17 Historic District MapThe boundaries of the Kennett Square Borough Historic District are described in the Historic District Map, as may be amended by the Borough Council.

Section 3. A map entitled “Kennett Square Borough Historic District Map” is incorporated into and declared a part of Chapter 25 Historic District. The Kennett Square Historic District shall comprise all properties located within the area shown on the Kennett Square Borough Historic District Map, attached as Appendix 1.

Section 4. All other sections, parts, and provisions of Chapter 2, Administration, shall remain in full force and effect as previously enacted and amended. The regulations of the Historic District are in addition to the regulations of the applicable zoning district. This ordinance will supersede the provisions of Chapter 23, Zoning, Article IX, Preservation of Historic Resources.

Section 5. Supersedes. These regulations shall supersede all inconsistent ordinances or resolutions of the Borough.

Section 6. Severability. The provisions of this amendatory ordinance are severable. In the event any provision, section, sentence, clause, or part shall be held to be invalid, illegal, or unconstitutional by any court of competent jurisdiction, such invalidity, illegality, or unconstitutionality shall not affect or impair the remaining provisions, sections, sentences, clauses, or parts of the amendatory ordinance. It is hereby declared to be the intent of the Borough that this amendatory ordinance would have been adopted as if such illegal, invalid, or unconstitutional provision, section, sentence, clause, or part had not been included herein.

Section 7. Effective Date. This Ordinance shall become effective upon receipt by the Borough of a resolution from the Pennsylvania Historical and Museum Commission certifying the historical significance of the district or districts within the limits defined in the ordinance pursuant to the Municipal Historic Districts Law, 53 P.S. § 8002.

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DULY ORDAINED AND ENACTED this ___ day of _______, 2015, by the Borough Council of the Borough of Kennett Square, Chester County, Pennsylvania, in lawful session duly assembled.

By: _________________________ Leon R. Spencer, Jr.

ATTEST: President, Borough Council

__________________________Karen L. SchererSecretary

(BOROUGH SEAL) Approved by the Mayor this ____ day of ______, 2015.

__________________________ Matthew W. Fetick, MayorBorough of Kennett Square

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