EAST MARLBOROUGH TOWNSHIP

Historic Commission / Historic Architectural Review Board

ZONING ORDINANCE OF 2019

Adopted DECEMBER 2, 2019 as ORDINANCE 2019-05 Amended JUNE 6, 2022 by ORDINANCE 2022-02

ARTICLE XII HISTORIC DISTRICT (H)

SECTION 1201. HISTORIC DISTRICT (H) A. In addition to the general goals listed in the Purposes (§102) and Community Development Objectives (§103) of this Ordinance, the purposes of this Section are: 1. To protect historic buildings and areas within East Marlborough Township which reflect the architectural and historic heritage of the Township; and 2. To promote the general welfare, education, and culture of the Township by encouraging an interest in its historical heritage. B. As authorized by Act 167 of 1961, as amended (53 P.S. §8001, et seq.), and the Pennsylvania Municipalities Planning Code, as amended (53 P.S. §10101, et seq.), this Article requires that certain procedures be followed for determining the appropriateness of the erection, reconstruction, Alteration, restoration, demolition, or razing of any building within the Historic District Overlay before any such action shall be undertaken.

SECTION 1202. ZONING MAP OVERLAY The H – Historic District, shall be deemed an overlay on the applicable Zoning Districts, and shall be shown on the East Marlborough Township Historic Resource Overlay Map. The Historic District shall be comprised of an area lying in and about the Village of Unionville on the north and south sides of Route 82 (Doe Run Road) and the east and west sides of Route 162 (Embreeville Road) and Wollaston Road, said District containing one hundred twenty (120) acres, more or less.

SECTION 1203. USE REGULATIONS The use regulations of the Base Zoning classification shall apply to all land situated with the Historic District overlay. §1203 Historic District (H) §1205 East Marlborough Township Zoning Ordinance 150 A. Additional Uses In addition to the uses permitted in the Base Zoning classification applicable to land situated within the Historic District overlay, the following uses shall be permitted. 1. Boarding, Lodging, or Rooming House; provided that the principal residence of the Landowner and operator of the operation shall be on the property on which the operation is conducted. 2. On Municipally owned property, uses for use by or the benefit of the public, such as: a park, a library, a community center, a meeting hall, a polling place, or emergency services, together with accessories and amenities typically associated with such uses. B. Certificate of Appropriateness No person shall commence any work for the erection, reconstruction, Alteration, restoration, demolition, or razing of any Structure located in whole or in part within the Historic District overlay without first obtaining a certificate of appropriateness with respect thereto from the Board of Supervisors in accordance with the requirements and procedures set forth below.

SECTION 1204. AREA AND BULK REGULATIONS The Area and Bulk Regulations of the Base Zoning classification shall apply to all land situated within the Historic Resource overlay.

SECTION 1205. CREATION AND COMPOSITION OF BOARD OF HISTORICAL ARCHITECTURAL REVIEW A. A Board of Historical Architectural Review is hereby established to be composed of seven (7) members, appointed by the governing body, one (1) of whom shall be a registered architect, one (1) a licensed real estate broker, one (1) the Township Building Inspector, one (1) a member of the Planning Commission, and three (3) additional persons with a knowledge of an interest in the preservation of the historic district. Local historical societies shall be invited to submit nominations. B. The initial terms of the members of the Board of Historical Architectural Review shall be as follows: one (1) member shall be appointed for one (1) year, two (2) members for two (2) years, two (2) members for three (3) years, one (1) member §1205 Historic District (H) §1206 East Marlborough Township Zoning Ordinance 151 for four (4) years, and one member for five (5) years. Annually thereafter, two (2) members of said Board of Historical Architectural Review shall be appointed for a term of five (5) years. C. An appointment to fill any vacancy shall be only for the unexpired portion of the term. D. The position of any member of the Board of Historical Architectural Review appointed in the capacity of a registered architect, a licensed real estate broker, or as a member of the Planning Commission who ceases to be so engaged shall be automatically considered vacant.

SECTION 1206. DUTIES AND POWERS OF BOARD OF HISTORICAL ARCHITECTURAL REVIEW The Board of Historical Architectural Review shall give counsel to the Board of Supervisors regarding the advisability of issuing any certificates required to be issued pursuant to §1203(B). A. The Board of Historical Architectural Review may make and alter rules and regulations for their own organization, according to the laws of the Commonwealth. B. A majority of the Board of Historical Architectural Review shall constitute a quorum and action taken at any meeting shall require the affirmative vote of a majority of the Board of Historical Architectural Review. C. The members of the Board of Historical Architectural Review shall serve without compensation, and shall make an annual report of their transactions to the governing body. D. The Board of Historical Architectural Review may, pursuant to appropriations by the Board of Supervisors, employ secretarial assistance, pay their salaries and wages, and incur other necessary expenses. E. Board of Historical Architectural Review members are required to exempt themselves from voting on any project in which their own financial interests are directly involved. §1207 Historic District (H) §1207 East Marlborough Township Zoning Ordinance 152

SECTION 1207. ROLE OF ZONING OFFICER No person shall undertake the erection, reconstruction, Alteration, restoration, demolition, or razing of a building in the Historic District until the Board of Supervisors has issued a certificate of appropriateness. Upon receipt of an application for a building permit for work to be done in the Historic District, the Zoning Officer shall act in accordance with the procedures presently being followed in that office except as those procedures are necessarily modified by the following requirements: A. The Zoning Officer shall, within seven (7) days of the filing thereof, forward to the office of the Board of Historical Architectural Review a copy of the application for a building permit, and/or Certificate of Appropriateness together with a copy of the plot plan and the building plans and specifications filed by the Applicant. B. The Zoning Officer may require the Applicant to submit the following to clearly portray the scope and intent of the project: 1. a plot plan at one (1) inch equals ten (10) feet showing property lines, dimensions and Lot(s) numbers; 2. required setback lines applicable to the property with dimensions from the property lines; 3. sidewalk width and curb lines, including dimensions from the property line(s); 4. Street(s) bordering property with right-of-way widths shown; and 5. all features within the property lines, both existing and proposed (e.g. buildings, driveways, Walkways, walls, fences, hedges, trees, shrubbery, Signs, utilities, etc.) C. The Zoning Officer shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be in addition to and appropriately cross-referenced to his other records. D. The Zoning Officer shall require Applicants to submit a sufficient number of additional copies of material required to be attached to an application for a building permit to permit compliance with the foregoing. §1208 Historic District (H) §1209 East Marlborough Township Zoning Ordinance 153

SECTION 1208. MEETINGS OF THE BOARD OF HISTORICAL ARCHITECTURAL REVIEW A. Upon receipt by the Board of Historical Architectural Review of a notice that an application for a building permit and/or Certificate of Appropriateness for the erection, reconstruction, Alteration, restoration, demolition, or razing of a building or buildings in the Historic District has been filed, the Board of Historical Architectural Review shall schedule a meeting within thirty (30) days to consider the counsel which the Board of Historical Architectural Review will give to the Board of Supervisors. B. The person applying for the permit shall be advised of the time and place of said meeting and shall be invited to appear to explain his reasons therefor. C. The Board of Historical Architectural Review may invite such other persons or groups as it desires to attend its meeting. D. The Board of Historical Architectural Review may hold any additional meetings it considers necessary to carry out those additional responsibilities indicated in §1206(B).

SECTION 1209. MATTERS TO BE CONSIDERED IN PASSING UPON CERTIFICATE OF APPROPRIATENESS In determining the counsel to be presented to the Board of Supervisors concerning the issuing of a Certificate of Appropriateness of authorizing a permit for the erection, reconstruction, Alteration, restoration, demolition, or razing of all or part of any building within the Historic District, the Board of Historical Architectural Review shall consider the following matters. A. The effect of the proposed change upon the general historic and architectural nature of the district. B. The appropriateness of exterior architectural features which can be seen from a public Street or way only. C. The general design, arrangement, texture, material, and color of the Structure and the relation of such factors to similar features of Structures in the district. D. Conformance to the applicable provisions of the Base Zoning classification. §1209 Historic District (H) §1210 East Marlborough Township Zoning Ordinance 154 E. As may be applicable or appropriate in the Board of Historical Architectural Review’s opinion, the Design Standards for Historic Resources as set forth in §2412 of this Ordinance.

SECTION 1210. FINDINGS OF THE BOARD OF HISTORICAL ARCHITECTURAL REVIEW CONCERNING APPLICATIONS FOR CERTIFICATES OF APPROPRIATENESS A. If the Board of Historical Architectural Review, on the basis of the information received and from its general background and knowledge, decides to counsel against the granting of a certificate of appropriateness, it shall indicate to the Applicant for a building permit the changes in plans and specifications, if any, which, in the opinion of the Board of Historical Architectural Review, would protect the distinctive historical character of the Historic District. B. The Board of Historical Architectural Review shall withhold its report to the Board of Supervisors for a period of five (5) days following its discussion to allow the Applicant to decide whether or not to make the suggested changes in his plans and specifications. C. If the Applicant determines that he will make the suggested changes, he shall so advise the Board of Historical Architectural Review, which shall counsel the Board of Supervisors accordingly. D. The Board of Historical Architectural Review, after the hearing provided for in §1208 of this Ordinance and after the making of any changes in the plans and specifications as provided in §1210(A) of this Ordinance, shall submit to the Board of Supervisors, in writing within thirty (30) days, its counsel concerning the issuance of a Certificate of Appropriateness, authorizing a permit for the erection, reconstruction, Alteration, restoration, demolition, or razing of all or a part of any building within the Historic District. The written report shall set out the following matters. 1. The exact location of the area in which the work is to be done. 2. The exterior changes to be made or the exterior character of the Structure to be erected. 3. A list of the surrounding Structures with their general exterior characteristics. §1210 Historic District (H) §1211 East Marlborough Township Zoning Ordinance 155 4. The effect of the proposed change upon the general historic and architectural nature of the district. 5. The appropriateness of exterior architectural features which can be seen from a public Street or way only. 6. The general design, arrangement, texture, material, and color of the Structures and the relation of such factors to similar features of Structures in the district. 7. The opinion of the Board of Historical Architectural Review (including any dissent) as to the appropriateness of the work proposed as it will preserve or destroy the historic aspect and nature of the district. 8. The specific counsel of the Board of Historical Architectural Review as to the issuance by the Board of Supervisors or its refusal to issue a Certificate of Appropriateness.

SECTION 1211. ACTION OF THE BOARD OF SUPERVISORS A. Within thirty (30) days of receipt of the written counsel of the Board of Historical Architectural Review as provided in §1210, the Board of Supervisors shall consider at its regular meeting or at a special meeting the question of issuing to the Zoning Officer a Certificate of Appropriateness authorizing a permit for the work covered by the application. B. The Applicant shall be advised of the time and place of the meeting, with a minimum of ten (10) days advance notice, at which his application will be considered and shall have the right to attend and be heard as to his reasons for filing the same. C. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, Alteration, restoration, demolition, or razing of all or a part of any building within the Historic District, the Board of Supervisors shall consider the same factors and the Board of Historical Architectural Review set forth in §1209 and the report of the Board of Historical Architectural Review. D. If the Board of Supervisors approves the application, it shall issue a Certificate of Appropriateness authorizing the Zoning Officer to issue a permit for the work covered. §1211 Historic District (H) §1213 East Marlborough Township Zoning Ordinance 156 E. If the Board of Supervisors disapproves, it shall do so in writing and copies shall be given to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district.

SECTION 1212. DUTIES OF THE ZONING OFFICER A. Upon receipt of the written disapproval of the Board of Supervisors, the Zoning Officer shall disapprove the application for a building permit and/or Certificate of Appropriateness and so advise the Applicant. The Applicant may appeal the disapproval as provided by law. B. The Zoning Officer shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this Article in the same manner as in his enforcement of other municipal codes as presently enacted and as the same may from time to time be amended.

SECTION 1213. STRUCTURAL STANDARDS All buildings and Structures shall be preserved against decay and deterioration and maintained free from structural defects by the owner or such other person (or persons) who may have the legal custody and control thereof. The said owner, or other person having custody and control thereof, shall repair and thereafter maintain said building in accordance with all applicable laws, ordinances, and regulations. The provisions of this Article shall not be construed to: A. Require the issuance of a Certificate of Appropriateness prior to undertaking routine maintenance, unless such maintenance includes erection, reconstruction, Alteration, restoration, demolition, or razing all or part of a building. B. Require a level or degree of maintenance greater than that required under provisions of other pertinent municipal regulations; nor, C. Require any action by the owner (other than preservation against decay, deterioration, repair, and routine maintenance as stipulated in this Section) to comply with the intent of this Ordinance before said owner voluntarily chooses to erect, reconstruct, alter, restore, demolish, or raze all or part of any building. It is, however, anticipated that property owners will be stimulated by this Article to undertake the desired erection, §1213 Historic District (H) §1214 East Marlborough Township Zoning Ordinance 157 reconstruction, Alteration, restoration, demolition, or razing as promptly as consistent with their abilities to do so.

SECTION 1214. SIGNS A. Signs erected in the Historic District shall be subject to the provisions of Article XVII and, in addition, shall be subject to the following conditions and requirements. 1. No Sign or permanent external advertising display of any kind shall be erected, altered, or used in the Historic District except for advertising to, or informing the public of, a service, business, occupation, or profession carried on within the property on which such Sign or permanent external advertising display appears. 2. No Sign, Billboard, or advertising display of any kind or for any purpose shall be erected or altered until an application for permit to make such erection or Alteration has been approved by the Board of Historical Architectural Review as reasonably conforming in exterior material composition, exterior structural design, and external appearance with similar advertising or information media used in the architectural period of the Structure and a permit granted therefor. B. Off-site direction Signs, consistent with §1702(L) of this Ordinance, shall be permissible within the Historic District. C. The Board of Historical Architectural Review may authorize the erection of historical markers relating to sites and Structures within the Historic District, and shall establish standards and criteria for the design and location of such markers.

ARTICLE XXIV PRESERVATION OF HISTORICAL AND CULTURAL RESOURCES

SECTION 2401. LEGISLATIVE INTENT Recognizing the critical need to retain, protect and maintain places within the Township having unique historical, architectural, patriotic or cultural interest or value or other form of special character or use, as a means of maintaining the community character and beauty of East Marlborough Township, the provisions of this Article are intended: A. To identify all Buildings, Structures, sites, objects, and landscape features, both individual and in groups, which are important to the education, culture, tradition and values of all citizens of East Marlborough Township. These shall be known as the Township’s historic and cultural resources. B. To provide for the creation of a map or set of maps of all identified Township historic and cultural resources. Such map(s) shall designate the categories of all of the identified resources. C. To provide standards to be used by the Historical Commission and, as applicable or appropriate by HARB, in their decision-making processes. D. To provide mechanisms to encourage the appropriate and compatible restoration and reuse of identified Historic Structures individually and in historic districts. E. To provide definition to all terms used commonly in historic preservation matters.

SECTION 2402. DEFINITIONS The following words and phrases shall have the meaning ascribed to them in this Section. ACT 167 Act 167 of 1961, as amended, 53 P.S. 8001 et seq., which provides the legislative basis for the creation of Historic Architectural Review Boards (HARBs), the powers designated to such HARBs and the certification of Historic districts within the Commonwealth of Pennsylvania which come under the purview of the HARBs. §2402 Preservation of Historical and Cultural Resources §2402 East Marlborough Township Zoning Ordinance 373 ALTER OR ALTERATION A change in the appearance of a Building, Structure, site or object which is not otherwise covered by the definition of demolition, or any other change for which a permit is required under East Marlborough Township Codes. Alteration includes, but is not necessarily limited to, the re-roofing, cleaning by chemical means, sandblasting, highpressure water wash or pointing of a Building, Structure or object, or any change in the supporting members of a Building, Structure or object such as bearing walls, roof rafters or stairways. ARCHITECTURE The art/science of Building design and construction; a method or style of Building; the product of construction; the recognizable features for any kind of Structure; the materials and methods used to produce a Structure. Architecture Signifies a standing cultural resource, either in whole or in part, used at one time for Dwelling, storage, industry, recreation, religious use or any other activity related to reasonable human functioning. ARCHITECT An individual with a degree from a recognized university and registered in the Commonwealth of Pennsylvania in the profession of architecture. ARCHAEOLOGY The science of investigation and study of the past by examination of artifacts-remains of human activity; the examination of non-renewable cultural resources deposited in the earth by human or animal-related activity over time for the purpose of defining or affirming human activities and behavior. ARCHAEOLOGIST An individual with a degree from a recognized university in the science of archaeology. A Master’s degree is usually required for professional purposes in this field. BUILDING OFFICIAL Whenever the term Building Official is used in this Article, the same shall be construed to mean the Building Inspector or his designee. CERTIFIED HISTORIC DISTRICT This is an “Act 167 District.” An identified collection of Buildings, sites, etc. (a) meeting the requirements of the Pennsylvania Historical and Museum Commission for certification under Act 167 of 1961, 53 P.S. 8001 et seq., as amended, and (b) regulated as such under Article XII of the Township Zoning Ordinance. CONSTRUCT OR CONSTRUCTION The erection of a new Building, Structure, or object upon a site. §2402 Preservation of Historical and Cultural Resources §2402 East Marlborough Township Zoning Ordinance 374 CONTRIBUTING BUILDING, STRUCTURE, SITE OR OBJECT A Building, Structure, site or object within an historic district that reflects the cultural, historical or architectural character of the district as defined by the HARB’s designation, or by the National Register nomination. CULTURAL LANDSCAPE The minimum essential setting or context in which an identified historic resource retains its historic integrity; “resource” being constituted by either an individual object, site or Structure, or my multiple objects, sites or Structures; “historic setting” including both natural (trees, streams, Steep Slopes, etc.) and man-made features (bridges, outbuildings such as springhouses, barns, stables, railroad tracks, cemetery markers, etc.); “historic integrity” being the unimpaired state which allows the viewer of the resource to have a better understanding of the materials and culture of the past. DEMOLITION BY NEGLECT The failure to provide ordinary and necessary maintenance and repair to a Building, Structure or object which is an historic resource or is located in an historic district, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in one of the following: (i) the deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist; (ii) the deterioration of exterior walls, roofs, chimneys, windows, the lack of adequate waterproofing, or deterioration of interior features or foundations which will or could result in permanent damage or loss of exterior features. A confirmation of such demolition by neglect shall be issued by the Zoning Officer. DEMOLITION OR DEMOLISH The razing or destruction, whether entirely or in significant part, of a Building, Structure, site or object. Demolition includes the removal of a Building, Structure or object from its site or the removal or destruction of the façade or surface. EXTERIOR FEATURES The architectural style, design and general arrangement of the exterior of a Building, Structure or object, including the color, nature and texture of building materials, and the type of style of all windows, doors, light fixtures, Signs, or other similar items found on or related to the exterior of a Building, Structure or object. HISTORIC ARCHITECTURAL REVIEW BOARD (HARB) An advisory board designated by the Board of Supervisors under the authority of Act 167 of 1961, as amended, 53 P.S. §8001, et seq., to deal with matters relating to Historic Structures in a Certified Historic District. §2402 Preservation of Historical and Cultural Resources §2402 East Marlborough Township Zoning Ordinance 375 HISTORICAL COMMISSION An advisory board designated by the Board of Supervisors under the authority of the Pennsylvania Municipalities Planning Code (Sections 603(b)(5), 604(1), and 605(2)(vi)), as amended, 53 P.S. §10101, et seq., to deal with matters pertaining to any of the Township’s identified cultural and historic resources not located within a Certified Historic District. NATIONAL REGISTER HISTORIC DISTRICT An area of any size which has been designated as a National Register Historic District pursuant to the requirements of the National Park Service. NATIONAL REGISTER SITE As above, but an individual site or Structure. OBJECT A material thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature or design, movable yet related to a specific culture, setting or environment. An example would be an Indian totem. SCENIC, HISTORIC, OR CULTURAL RESOURCE A site, or collection of sites, Building, or collection of Buildings, with such a combination of historical, natural and scenic attributes as to create an irreplaceable, unique entity that serves as an element in defining the community character, as identified in the Scenic, Historic and Cultural Resources Overlay Map. SCENIC, HISTORIC, OR CULTURAL RESOURCE OVERLAY MAP The Scenic, Historic and Cultural Resources Map adopted by the Township within its 1992 Township Open Space Study, as the same may be from time to time amended (the “Map”). SCENIC ROADWAY Selected roadways open to public view with significant aesthetic qualities derived from a combination of open space or natural resources and any built resources, as identified in the 1992 East Marlborough Township Open Space Study. SITE The location of a significant event, a prehistoric or historic occupation or activity, or a Structure, whether standing, ruined, or vanished, where the location itself maintains historical, cultural, or archaeological value regardless of the value of any existing Structure.

SECTION 2403. GENERAL PROVISIONS A. Preservation of Other Restrictions It is not intended by this Article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article imposes greater restriction, the provisions of this Article shall prevail. B. Scenic, Historic and Cultural Resources Overlay Zone The individual sites and areas identified by the Scenic, Historic and Cultural Resources Map (“Map”) are hereby adopted by reference to said Map, and as to all such individual sites and areas not included within the “H” Historic District regulated under Article XII of this Ordinance, shall be deemed an overlay on any existing zoning district now or hereafter enacted in East Marlborough Township. Requirements of this Article shall apply in addition to the applicable requirement of the underlying zoning. This Article shall supersede the requirements of the underlying zoning where those underlying requirements are inconsistent with the provisions of this Article. For ease of reference, such individual sites and areas may be herein referred to variously as historic, cultural or scenic resources.

SECTION 2404. IDENTIFICATION OF HISTORIC AND CULTURAL RESOURCES – HISTORIC AND CULTURAL RESOURCES MAP (“MAP”) A. Classifications These maps delineate two classifications of Historic and Cultural resources: 1. Class I or Landmark Cultural Resource These resources are: a. certified Historic Structures as set forth in the Map, and National Register listed Buildings, Structures, sites, and objects, or b. contributing resources to Buildings, Structures, sites, and objects listed in Subsection a., or c. Buildings, sites, Structures, objects, and districts which have received a Determination of Eligibility (DOE) to the National Register, or §2404 Preservation of Historical and Cultural Resources §2404 East Marlborough Township Zoning Ordinance 377 d. resources which are deemed by the Township (in its role as National Park Service Certified Local Government) to meet substantially the National Register criteria. 2. Class II Resources These resources are those historic sites and Structures designated by the Township on the Map as meriting a review prior to the Township issuing a permit for demolition. Such Structures and sites: a. shall be at least 50 years old, and b. shall have significant character, interest or value as an example of development, heritage or character of East Marlborough Township, or c. shall be the site of a significant historic event which may or may not have taken place within or involved the use of any existing improvements (e.g. a battlefield that has had Structures built upon it), or d. shall exemplify the cultural, political, economic, social or historical heritage of the community, or e. shall reflect the environment in an era of history characterized by a distinctive architectural style, or f. shall embody distinguishing characteristics of an architectural style or engineering specimen, or g. shall be the work of a designer, architect, landscape architect or designer, or engineer whose individual work has significantly influenced the development of East Marlborough Township, or h. shall contain elements of design, detail, materials or craftsmanship which represent a significant innovation, or i. shall be the singular known example of a design, or use of a material or style of architecture within the Township, or §2404 Preservation of Historical and Cultural Resources §2404 East Marlborough Township Zoning Ordinance 378 j. shall be part of, or related to, a square, park, or other distinctive area which merits a separate cultural landscape preservation plan based on historic, cultural or architectural motif, or k. shall be considered a local “landmark” that is, an established and familiar visual feature which assets in defining the character of the neighborhood, community, or Township due to its unique location or singular physical characteristics, or l. shall be part of a view into or out of an existing historic district and contributes to the integrity, understanding and appreciation of the cultural landscape of that existing historic district, or m. shall have yielded, or be likely to yield information of importance to pre-history or history through, but not limited to, such research mechanisms an analysis of construction methods, patterns of use, methods of maintenance, foodstuff distribution and use patterns (the archaeological record), builders’ trenches (archaeological), placement of Buildings on site, etc., or n. shall be associated with the lives of persons important in the formation of the Township, or o. shall provide the cultural landscape for an identified resource or historic district. B. Revisions 1. The Scenic, Historic and Cultural Resources Map may be revised by legislative action of the Board of Supervisors using Ordinance amendment procedures, including the public notice and hearing requirements as specified in Sections 609 and 610 of the Pennsylvania Municipalities Planning Code. 2. In considering any revision, including additions, deletions or changes of classifications, to the Scenic, Historic and Cultural Resources Map, the Board of Supervisors shall solicit and receive written recommendation from the Historical Commission and the Planning Commission. §2404 Preservation of Historical and Cultural Resources §2406 East Marlborough Township Zoning Ordinance 379 3. Owners of all properties which are impacted by such proposed administrative action shall be given written notice of the Historical Commission’s recommendation at least thirty (30) days prior to the Public Hearing at which the Board of Supervisors considers action. If fewer than fifty (50) contiguous properties are considered for such an action, individual written notices shall be sent to the current owner of record of those properties in such a fashion as to reach the owners and give thirty (30) days for comment; if more than fifty (50) contiguous properties are considered, the published notices of the hearing shall include a map and written boundaries of the area being considered and the action to be taken. 4. Any revision to a Certified Historic District regulated under Article XII must be certified by the Pennsylvania Historical and Museum Commission. C. Official List An official list of all historic and cultural resources regulated hereunder showing the classification of each resource shall be maintained by the Historical Commission and staff and be updated on a regular basis to reflect any changes in classifications.

SECTION 2405. POWERS AND PROCEDURES OF THE EAST MARLBOROUGH HISTORICAL COMMISSION Powers allotted to the East Marlborough Historical Commission shall include review over proposed rehabilitations, enlargements, Alterations, landscaping, Buffering, modifications to bulk and area regulations, relocation of a resource, and demolition either of or impacting an identified historic/cultural resource not located within the “H” Historic District. Additionally, it shall be called to review and comment upon all subdivision applications, either traditional or cluster, directly involving or in any way impacting upon an identified historic or cultural resource, whether or not located within the “H” Historic District.

SECTION 2406. REVIEW OF PROPOSED REHABILITATIONS, ENLARGEMENTS AND ALTERATIONS A. Building Permits 1. No building permit for the rehabilitation, enlargement, or Alteration of a Class I historic or cultural resource shall be issued by the Building Officer §2406 Preservation of Historical and Cultural Resources §2406 East Marlborough Township Zoning Ordinance 380 prior to the issuance of a Zoning Permit. Except as to resources located within the “H” Historic District, the issuance of a Zoning Permit by the Zoning Officer shall be based on the review and comment on the application by the East Marlborough Historical Commission, in accordance within the terms of this Section. 2. Building permits for Class I historic resources in Certified Historic Districts shall be issued in accordance with Article XII, Section 1203 of the Zoning Ordinance, which mandates the issuance of a Certificate of Appropriateness after a review by the HARB, before the Building Officer may issue a building permit. B. Zoning Officer The Zoning Officer shall provide the Historical Commission with a copy of the application, together with any plans or diagrams required by this Ordinance, within five (5) working days of receipt of a completed application. C. East Marlborough Historical Commission The Commission shall, within thirty (30) days of receipt of a complete application from the Zoning Officer, review the plans for compliance with the standards contained in Section 2412 and prepare a written report to the Zoning Officer with a copy to be sent to the Applicant, indicating whether the plans are in substantial compliance. The report shall make written suggestions as to what specific changes in the plans would bring them into substantial compliance. D. Issuance of Building Permit Upon receiving a report of substantial compliance from the Historical Commission, and provided that the plans satisfy all other requirements of the Township, the Zoning Officer shall issue a Zoning Permit. After the Zoning Permit is issued, the Applicant may obtain a building permit from the Building Officer. E. Delaying or Denial of a Building Permit If the Historical Commission’s report indicates that the plans are not in substantial compliance with the standards contained in Section 2412, the Zoning Officer shall not issue the Zoning Permit until: 1. The plans have been revised by the Applicant in accordance with the Historical Commission’s recommendations, or §2406 Preservation of Historical and Cultural Resources §2408 East Marlborough Township Zoning Ordinance 381 2. The Historical Commission documents a compromise that has been worked out with the Applicant, or 3. 90 days have elapsed from the date of application, and the Applicant has documented economic hardship, technical infallibility, or other reasons why the Historical Commission’s recommendations will not be implemented. After the Zoning Permit is issued, the Applicant may obtain a building permit from the Building Officer.

SECTION 2407. LANDSCAPING When a Class I historic resource is located within a Tract proposed for subdivision or land development, a landscape plan for the grounds surrounding the Class I historic resource shall be required by the Township as part of the preliminary plan submission. 1. The plan shall be prepared by a registered landscape architect, or by a nurseryman or other individual deemed qualified by the Board of Supervisors. 2. The plan shall show all pertinent information, including the location, size, and species of all individual trees and shrubs to be removed, planted, or preserved. 3. Through screening, Buffering, and selection of plant material, the plan shall minimize the impact of the proposed development on the Class I historic resource and project its integrity of setting and any significant vegetation. 4. The landscape plan shall be submitted to the East Marlborough Historical Commission for its review and comment prior to any decision by the Board of Supervisors on the subdivision or land development plan.

SECTION 2408. BUFFERING When any subdivision, land development, or non-agricultural or non-residential use is proposed on a property, any boundary of which is within 100 feet of an exterior wall of a Class I historic resource, the Applicant shall be required to submit a plan depicting how the Class I historic resource will be Buffered against the deleterious impacts of the proposed development. §2408 Preservation of Historical and Cultural Resources §2409 East Marlborough Township Zoning Ordinance 382 Buffering may include, but need not be limited to: 1. Vegetative screening and fencing, the appropriateness and effectiveness of which shall be evaluated by the East Marlborough Historical Commission prior to any plan approval or permit issuance. 2. Historically appropriate man-made Buffering, such as stone walls, that reflect the historic and cultural character of the surrounding area. The appropriateness of such proposed Buffering shall be evaluated by the Historical Commission prior to any plan approval or permit issuance. 3. Where the proposed action will impact a Class I resource that is within an Act 167 certified historic district, the HARB will also be required to review the proposed development plan, either separately, or at the same meeting as the East Marlborough Historical Commission.

SECTION 2409. SPECIAL EXCEPTION AREA AND BULK PROVISIONS In the interest of preserving the Township’s Historic Resources and the historic context of these resources, and to encourage appropriate use/reuse of a resource, modifications to the Lot size, dimension, and Yard size may be permitted by Special Exception as set forth below for plans affecting identified Township Historic Resources, providing the standards, conditions, and procedures of this Section are met. A. Allowable Modifications 1. Lot Standards: In a subdivision proposing to use the Lot Averaging or Cluster Development option in accordance with Article XVI of the Zoning Ordinance, the Lot size authorized in that Article may be adjusted downward for an identified Township historic resource in cases where the historic resource contains two or more contributing Structures (barns, springhouses, etc.) to accommodate conversion of these Structures to residential use to preserve the integrity of the historic complex. 2. Number of Dwellings: In subdivisions proposing to use the Lot Averaging or Cluster Development option, an additional Dwelling Unit may be created in excess of the maximum number of Dwelling Units otherwise permissible under this Ordinance for each contributing Structure in a Township Class I or Class II historic resource to be preserved as a Dwelling Unit in the subdivision plan. §2409 Preservation of Historical and Cultural Resources §2409 East Marlborough Township Zoning Ordinance 383 3. Setbacks: In proposed subdivisions, setback requirements may be modified if necessary to preserve the integrity of an identified historic resource. B. Procedures 1. Zoning Officer: The Zoning Officer shall provide the Historical Commission with a copy of the request for Special Exception, together with any plans or diagrams related to the request within five (5) working days of receipt of the request. 2. Historical Commission a. The Commission shall review the request for Special Exception and evaluate whether the proposed modifications are necessary to the preservation of the resource. b. The Commission also shall review any construction plans for their compliance with the standards in Section 2412 of this Article. Specific recommendations shall be transmitted in the form of a written report to the Zoning Officer and the Zoning Hearing Board, and shall indicate what specific changes in the plans would bring them into substantial compliance with the standards. c. The written report of the Historical Commission shall be admissible before the Zoning Hearing Board provided that it is introduced as part of the testimony of the Chairman or representative of the Commission, with such person being subject to cross examination by the Applicant, or the Applicant stipulates to its admission without further testimony. 3. Zoning Hearing Board: The Zoning Hearing Board, through the grant of a Special Exception, may approve requested modifications to the otherwise applicable Lot size, Lot dimension, or Yard requirements for plans affecting Class I or Class II historic resources, provided the following additional criteria are met: a. The granting of the Special Exception is deemed to be supportive to the preservation of the historic resource, and b. The granting of the Special Exception will be deemed by the Zoning Hearing Board to have minimal detrimental effect on neighboring properties. §2409 Preservation of Historical and Cultural Resources §2410 East Marlborough Township Zoning Ordinance 384 c. The Historical Commission has reviewed and commented on the request in accordance with the terms of this Section. Resources in a Certified Historic District must also comply with the requirements of Section 1203B of the Zoning Ordinance. 4. Implementation: In order to assure that the historic resource(s), the preservation of which has generated an Allowable Modification under Section 2409A, and/or a Special Exception under Section 2409B.3, the following implementation procedures shall be utilized: a. The construction plans approved by the Historical Commission and/or Zoning Hearing Board must be implemented before a building permit is issued for a “bonus” Lot or Dwelling Unit. b. The Township Engineer, in consultation with a qualified architect as deemed necessary, shall estimate the cost of renovation/preservation of the historic/cultural resource in accordance with the approved construction plans (including both interior and exterior renovations). c. The Applicant shall post, prior to or concurrently with recordation of the subdivision or land development plan, financial security in an amount equal to 110% of such estimated costs (including costs of inspection) in accordance with Section 509 of the MPC, to assure that the approved construction plans are properly implemented. d. Upon completion and inspection of the renovation of the historic/cultural resource in accordance with the approved construction plans and/or Special Exception, the financial security shall be released and a building permit for construction of the bonus Dwelling Unit(s) may be issued.

SECTION 2410. SPECIAL USE PROVISIONS In the interest of preserving the Township’s historic resources and encouraging appropriate use/reuse of these resources, additional use opportunities set forth below may be permitted by Special Exception for identified Township historic resources, provided the terms of this Section are met. A. Allowable Special Uses 1. Bed and Breakfast: Conversion to a Bed and Breakfast use of a historic resource (or contributing Structure) may be allowed even if the Building is §2410 Preservation of Historical and Cultural Resources §2410 East Marlborough Township Zoning Ordinance 385 not an owner-occupied Single Family Dwelling or does not meet the minimum Lot size and setback requirements of Section 1813 of the Zoning Ordinance. 2. Residential: Conversion of a currently non-residential historic resource (barn, springhouse, etc.) into residential use, may be allowed even if the Lot does not meet the size requirement of the Base Zoning. Multiple Family use may also be allowed as long as the property meets the area and bulk requirements of Section 603B. 3. Professional Office: Conversion to a Landowner’s professional office use of an historic resource may be allowed in a residential area without requiring all of the constraints of a Home Occupation. [Amended by Ord. No. 2019-05] B. Procedures a. Zoning Officer: The Zoning Officer shall provide the Historical Commission with a copy of the request for Special Exception, together with any plans or diagrams related to the request within five (5) working days of receipt of the request. b. East Marlborough Historical Commission: a. The Commission shall review the request for Special Exception and evaluate whether the proposed modifications are necessary to the preservation of the resource. b. The Commission also shall review any construction plans for their compliance with the standards in Section 2412 of this Article. Specific recommendations shall be transmitted in the form of a written report to the Zoning Officer and the Zoning Hearing Board, and shall indicate what specific changes in the plans would bring them into substantial compliance with the standards. c. The written report of the Historical Commission shall be admissible before the Zoning Hearing Board provided that it is introduced as part of the testimony of the Chairman or representative of the Commission, with such person being subject to cross examination by the Applicant, or the Applicant stipulates to its admission without further testimony. §2410 Preservation of Historical and Cultural Resources §2411 East Marlborough Township Zoning Ordinance 386 C. Zoning Hearing Board: The Zoning Hearing Board, through the grant of a Special Exception, may approve requested special uses for Class I or Class II historic resources, provided the following additional criteria are met: 1. The granting of the Special Exception is deemed to be supportive to the preservation of the historic resource, and 2. The granting of the Special Exception will be deemed by the Zoning Hearing Board to have minimal detrimental effect on neighboring properties. 3. The Historical Commission has reviewed and commented on the request in accordance with the terms of this Section. Resources in a Certified Historic District must also comply with the requirements of Section 1203B of the Zoning Ordinance.

SECTION 2411. RELOCATION OF A RESOURCE In the case of a proposed relocation of a Building, Structure or object constituting all or a part of Class I or Class II historic resources, the Historical Commission shall consider: A. whether or not the proposed relocation will have a detrimental effect in the long term on the Structure or object; B. whether or not the proposed relocation will have a detrimental effect on the historic, architectural or archaeological aspects of the other Buildings, Structures, site or objects adjacent to the resource. Assessment of the archaeological impact shall be made in conjunction with the archaeologist from the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission. C. whether or not the proposed relocation will provide an environment that will be a compatible cultural landscape, that is, one that is harmonious with the historic and/or architectural aspects of the Building, Structure or object, and D. whether or not the proposed relocation will further the achievement of the purposes described in Section 2401. §2412 Preservation of Historical and Cultural Resources §2412 East Marlborough Township Zoning Ordinance 387

SECTION 2412. DESIGN STANDARDS FOR HISTORIC RESOURCES A. Any proposed rehabilitation, Alteration, or enlargement of a Class I historic resource shall be in substantial compliance with the Secretary of the Interior’s currently adopted Standards for Rehabilitation, as revised. At the time of enactment of this Article, those standards are as printed in Appendix A. B. For an application to be eligible for the additional use or zoning opportunities, it shall meet the following standards: 1. Floor area: No historic resource may be enlarged beyond what is minimally necessary to accommodate the expanded use. 2. Additions: For a Class I resource, an addition shall only be permitted if it does not negatively impact the front or major façade of the historic resource. 3. Signs: Signs for historic resources shall adhere to the following standards: a. Number: No more than one Sign may be erected on any one Street frontage of any Lot. b. Format: i. a Sign may be placed flat upon the wall of the Building to which it relates, or constitute part of the architectural design of such Building; the size of such Sign shall not exceed ten (10) square feet; or ii. a Sign may project from the Building to which it relates a maximum of six (6) feet; such Sign shall be limited to two faces and shall not exceed ten (10) square feet per face; or iii. a Sign may be free-standing, with two faces, with an area not exceeding ten (10) square feet per face, with the top of the Sign not to exceed eight (8) feet from the ground level. c. Lighting of Signs: Free-standing Signs shall only be illuminated in accordance with the provisions of Section 1705.H and Section 2412(B)4. §2412 Preservation of Historical and Cultural Resources §2413 East Marlborough Township Zoning Ordinance 388 d. Materials: Natural materials are preferred for Signs relating to historic resources. Under no circumstances will plastic, internally illuminated Signs be allowed in relation to an identified Township historic resource. e. Approval: All Signs within the “H” Historic District are subject to HARB approval. 4. Outdoor Lighting: All outdoor lighting, such as Sign lighting, shall be directed in such a way as to not create a nuisance to users of adjoining Streets or property, or subject them to direct or indirect glare or interference of any kind.

SECTION 2413. DEMOLITION OF HISTORIC RESOURCES No Class I or Class II historic/cultural resource or any Building within an “H” Historic District or other Historic District listed on the National Register may be demolished until the Applicant obtains a building permit under the terms of Article XX Section 2004, and complies with the following additional procedures: A. Application The Applicant shall file with the Zoning Officer, who will forward the same to the Historical Commission, with the following items: 1. one copy of the application for demolition, 2. recent interior and exterior photographs of the resource proposed for demolition, 3. a site plan showing all Buildings on the property, and 4. an explanation of (1) the reasons for demolition, and (2) the future use of the site. This must include: a. a statement of whether the property is capable of generating a reasonable return with the resource left in place, §2413 Preservation of Historical and Cultural Resources §2413 East Marlborough Township Zoning Ordinance 389 b. a statement of whether the resource is adaptable to some other use which would result in a reasonable return, c. a financial statement of whether rental or other use of property in its current or an improved condition can provide a reasonable rate of return, d. a statement that a demonstrable, good-faith attempt has been made to sell the resource to someone interested in preserving it, and e. a proposed site plan for development after the demolition. 5. Demolition requested within the “H” Historic District must also follow the procedures in Article XII Section 1207, under the powers of the East Marlborough HARB. 6. No permit for demolition may be issued until the Applicant has submitted and obtained approval of his/her plans for new development under the provisions of the East Marlborough Township Subdivision and Land Development Ordinance of 1992. B. Review Meeting Within thirty (30) days of receipt of a complete application, at its regular or a special meeting, the Historical Commission shall meet to review the application for demolition. The Applicant will be notified in writing of the meeting and encouraged to present written and photographic evidence or testament pertaining to the demolition. In reviewing the application, the Historical Commission shall take into account: 1. The effect of demolition on the historical Significance and architectural integrity of neighboring contributing historic resources; 2. Economic feasibility of adaptively reusing the resource proposed for demolition; 3. All conceivable alternatives to demolition of the resource, including relocation of the Structure; 4. Any expert testimony, such as but not limited to certified engineering report regarding the structural stability of the resource, that would indicate threats to public safety. §2413 Preservation of Historical and Cultural Resources §2413 East Marlborough Township Zoning Ordinance 390 5. The archaeological potential of the site. This shall be done in conjunction with an archaeologist from the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission, or her/his designee. C. Historical Commission Written Recommendation Within thirty (30) days following conclusion of the meeting, the Historical Commission shall set forth its recommendation in a written report to the Board of Supervisors and the Applicant. 1. In specific cases as will not be contrary to the public interest, where, owing to demonstrated special conditions, as determined under Section 2413 paragraph B, a literal enforcement of the provisions of this Section would result in unnecessary hardship, the Historical Commission may grant an exemption from the requirements of this Section, subject to such terms and conditions as the Historical Commission may decide, so that the spirit of this Article shall be observed and substantial justice done. 2. Every recommendation of the Historical Commission shall be in writing and shall state the reasons for the decision. The decision shall contain the findings of fact that constitute the basis for the decision. In any case where the Historical Commission objects to the issuance of a permit required under this Section, the Historical Commission shall furnish the Applicant with a copy of the Historical Commission’s decision, together with a copy of any recommendations the Historical Commission may have made for changes necessary to be made before the application will be reconsidered by the Historical Commission. D. Board of Supervisors’ Response Within thirty (30) days of the review of the demolition application by the Historical Commission, the Board of Supervisors shall consider the application for demolition at a Public Hearing. The Applicant will be notified of the meeting and encouraged to present written and photographic evidence of testimony pertaining to the demolition. The Board of Supervisors may vote to: 1. authorize the permit immediately, or 2. delay the authorization decision for a period to allow the Township and the Applicant to explore alternatives. The period shall not exceed ninety (90) days from the date of the initial application for a demolition permit. §2413 Preservation of Historical and Cultural Resources §2413 East Marlborough Township Zoning Ordinance 391 In cases where the Board of Supervisors agrees to the demolition of a Building, Structure or object in an Historic District, the Board of Supervisors may require that the Building, Structure or object be recorded, at the owner’s expense, according to the documentation standards of the Historic American Engineering Record (HABS/HAER), with such written, drafted and photographic documentation being deposited with the Board of Supervisors and any other historical agency the Board of Supervisors deems necessary. In the case of a demonstrated economic hardship, a less stringent form of documentation may be prescribed by the Board of Supervisors. The Board of Supervisors may require that the Applicant donate architectural ornamental materials salvaged from the Structure that the Applicant plans to discard to any non-profit organization that can assure the reuse of the materials in area Structures. E. Demolition by Neglect 1. Demolition by neglect shall not be used as an automatic excuse by an Applicant as justification for an active demolition application. 2. When an owner has held an identified Class I or Class II resource property for at least five (5) years and allowed the property to fall into the category of demolition by neglect due to lack of routine maintenance, and cannot prove that the negligence has occurred due to lack of financial ability to provide maintenance, such owner shall be deemed in violation of the terms of this Section. 3. Enforcement and penalties that pertain to active demolition shall also pertain to passive (by neglect) demolition, shall be issued at the maximum level, and shall be cumulative from the documented date of the Township’s discovery of the neglect. F. Enforcement 1. Violations and Penalties. Any person who violates the terms of this Section shall be subject to the penalties imposed under Article XXIII, Section 2302, as well as applicable penalties imposed under the Township Building and Fire Codes. G. Appeal Procedures 1. Any person aggrieved by a decision of the Historical Commission or the Board of Supervisors may, within thirty (30) days after receiving notice of the decision, either (a) file an appeal therefrom under subsection F.3., or (b) apply for reconsideration of the initial decision, by filing with the Zoning §2413 Preservation of Historical and Cultural Resources §2413 East Marlborough Township Zoning Ordinance 392 Officer a written notice requesting the Board of Supervisors to review said decision. In such event, the Board of Supervisors’ initial decision shall not be considered a final adjudication under the MPC. The Board of Supervisors shall conduct a Public Hearing, at which time it may consider the original case in dispute and any new evidence not previously presented to the Historical Commission or the Board of Supervisors which may have bearing on the application. Following the Public Hearing, the Board of Supervisors may reverse or modify its decision if: a. every reasonable effort has been made by the Applicant to agree to the requirements of the Board of Supervisors; or b. the rationale behind the Historical Commission’s decision and recommendations may be interpreted as arbitrary and capricious; or c. owing to special conditions pertaining to the specific piece of property, the decision of the Board of Supervisors, if not reversed or modified, will cause undue and unnecessary hardship. 2. Within forty-five (45) days of the Public Hearing, the Board of Supervisors must render a final decision upon the application in one of the following categories: a. Unconditional approval of the application as presented by the Applicant. b. Conditional approval of the application with conditions recommended by the Historical Commission and set by the Board of Supervisors. c. Unconditional denial of the application. 3. Any person aggrieved by a decision of the Board of Supervisors, may, within thirty (30) days after receiving notice of the decision, seek judicial review of that decision in accordance with the MPC. East Marlborough Township Zoning Ordinance 393

APPENDIX A SECRETARY OF THE INTERIOR’S STANDARDS FOR REHABILITATION

1. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

2. The historic character of the property shall be retained and preserved. The removal of historic materials or Alterations of features and spaces that characterize a property, shall be avoided.

3. Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

4. Most properties change over time; those changes that have acquired historic Significance in their own right shall be retained and preserved.

5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.

6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence.

7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of Structures, if appropriate, shall not be used. The surface cleaning of Structures, if appropriate, shall be undertaken using the gentlest means possible.

8. Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

9. New materials, exterior Alterations, or related construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. East Marlborough Township Zoning Ordinance 394

10. New additions and adjacent or related New Construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.