Historic Preservation Ordinances Presentation

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Historic Preservation Ordinances

National Register of Historic Places

 Does not prevent individual property owners from altering or demolishing their building.

 Does protect against adverse effects of federal or state undertakings.

Enabling Legislation

 Pennsylvania Historic District Act

 Pennsylvania Municipalities Planning Code

Pennsylvania Historic District Act

 Passed in 1961.

 Allows municipalities to enact an ordinance to: o Create Historic Districts o Appoint a Historic Architectural Review Board (advisory to the governing body) o Protect the historic character of districts o Regulate the erection, reconstruction, alteration, restoration, demolition or razing of buildings in districts through issuance or denial of a certificate of appropriateness.

 The most powerful tool to protect historic buildings and the most defendable ordinance.

 Is not part of the zoning or land development process.

 The historic district does not have to be listed on the National Register, do need a determination of eligibility from the staff at the Pennsylvania Historical and

Museum Commission and be certified historic by the PHMC.

 Model historic district ordinance.

 Examples in the area: Doylestown, Newtown, New Hope, Carversville, North

Wales.

Material Provided by the Borough Business Revitalization Program 6/23/2005

Pennsylvania Municipalities Planning Code

 Passed in 1968.

 Allows municipalities to appoint planning commissions, enact zoning ordinances, and enact subdivision and land development ordinances, etc.

 Specifically Section 603, 604 and 605 state that zoning can regulate the alteration, razing or removal of structures; protect historic resources; and protect places with unique historical or architectural values. Commonly achieved through a zoning overlay, but can be done with a preservation zoning district.

 The overlay concept – a zoning overlay maintains the regulations of the underlying zone, but add provisions and/or incentives to protect historic resources. Must have a defendable inventory of historic resources or a defendable historic district.

 Provisions in historic preservation zoning ordinances can range from requiring archaeological studies for subdivisions and land developments, historic resource impact studies for actions adjacent to historic resources, regulation of alterations and new construction, and regulation of demolition ranging from potential denial of demolition permit, imposed waiting periods, or recordation requirements.

 Incentives allowed in historic preservation zoning ordinances can include relief from bulk area and set back requirements, allowing additional uses such as limited commercial uses in residential zones, and relief from parking standards.

Traditional Neighborhood Development, a new amendment to the MPC, allows for the construction of new neighborhoods that closely resemble old design techniques (narrow streets, grid patterns, alleys in the rear, traditional architectural styles). The MPC also allows TND to be an overlay of an existing neighborhood to regulate in-fill and protect the traditional neighborhood design. Can have provisions for adherence to design guidelines regulating the styles and materials used on buildings.

 “Voluntary Compliance” – Allowing property owners who do not want to be included to opt out of the ordinance. Not recommended, but necessary in communities where the goals of historic preservation are misunderstood.

Recommend having good incentives and limiting opting in and out..

 Do not require creation of a separate review board. Relatively new and not very well tested in court.

 Examples of some zoning ordinances that protect historic resources in the area:

Ambler Borough Historic Demolition Ordinance (proposed), Lower Merion

Township Historic Resource Overlay District, Lower Salford Township Village

Commercial District, Montgomery Township Historic Preservation Cluster

District, Upper Moreland Township Historic Preservation Overlay District.

Material Provided by the Borough Business Revitalization Program

Goals of Historic Preservation

 Increase property values and increase tax revenue.

 Improve aesthetics (curb appeal).

 Provide legal protection of important historic resources.

 Create sense of place and community pride.

 Promote heritage tourism and educate the public.

 Renew and promote patriotism and respect for our history.

 Provide opportunities for funding and tax incentives.

 Control suburban sprawl.

 Create alternatives to malls and strip shopping centers.

 Improve walkability – Environmental protection and energy resource conservation.

Recommendations

 Adopt a historic district ordinance with a HARB.

 If flexibility is desired to meet the needs of the community, adopt a zoning ordinance to regulate demolitions only.

 At the very least review the zoning ordinance and the subdivision and land development ordinance to make certain that it is not impeding preservation of historic resources and thus impeding development in the community.

David Kimmerly

Historic Preservation Specialist

85 Old Dublin Pike

Doylestown, PA 18901

Phone 215-345-7020 Ext. 109 dkimmerly@heritageconservancy.org

Material Provided by the Borough Business Revitalization Program

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