Historic District Acts

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HISTORIC DISTRICT ORDINANCES
MOST COMMONLY ASKED QUESTIONS
What it is:
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An ordinance established using the Pennsylvania Historic District Act, delineating a
specified area having historical or architectural significance.
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A means for providing for orderly review of all future changes and
additions with respect to historical value.
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A means of protecting and enhancing present and future property values.
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A safeguard against deterioration and potential blight.
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A necessary step in qualifying for preservation and restoration funding grants.
What it is not:
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Not a means for turning back the clock or for "freezing" on any point in time.
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Not a means for halting or impeding orderly development of the area.
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Not a device that forces change on anyone arbitrarily.
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Not a barrier or impediment to updating or changes in other zoning ordinances.
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Not discriminatory or arbitrary in concept or in implementation.
What are the steps for designation?
Suggestions for designation usually stem from interested citizens or neighborhood groups,
historic commissions, or preservation groups. Designation is made only after (1) a thorough survey
of all buildings in the district has been completed and (2) passage of an historic district ordinance by
Township Supervisors or Borough Council; and (3) certification by the Pennsylvania Historical and
Museum Commission. During the initial stages, citizens are fully informed of the proposal. Citizen
participation and input plays a vital role in the passage of the ordinance.
Material Provided by the Borough Business Revitalization Program
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What effect does designation have?
Once an area has been designated and defined by boundaries and an ordinance is passed, a
Board of Historical Architectural Review will be appointed by Township Supervisors or Borough
Council. The HARB will administer the ordinance, which protects the character and integrity of the
area by regulating the issuance of building permits. Requests for permits must be reviewed by the
HARB, which guides the applicant and recommends plans and alternatives for the erection and
demolition of buildings and for alterations or additions to the exterior portion of any building that is
visible from the public way.
How may I benefit from owning property or living in a Historic District?
Preservation and rehabilitation activities help to revitalize, stabilize and enhance
neighborhoods. One frequent result is very tangible benefit: increased neighborhood values as has
been demonstrated in numerous communities with established Historic Districts.
Once my property has been designated, can I receive funds from the HARB
for improvements?
No, the HARB cannot dispense funds to owners, individuals or groups for any purpose.
What the HARB does offer is guidance in drawing up preservation/restoration plans which are the
most authentic or sympathetic and least costly.
Can I sell my property without notifying the HARB?
It is not necessary to notify the HARB of sale or lease of property within the district.
However, new owners or commercial lessors should be informed of the status of the ordinance
designating the property.
Can the HARB force me to make repairs?
The Historic District Ordinance or the HARB cannot compel an owner to undertake any
construction work and it in no way has control over normal maintenance and repairs. The HARB
guides the applicant and makes recommendations to Township Supervisors or Borough Council who
will ultimately issue the Certificate of Appropriateness regarding voluntary changes an owner wishes
to make. You are not forces to change anything which, was there before designation.
Material Provided by the Borough Business Revitalization Program
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When do I need approval to make changes?
Basically, anything that affects the exterior of the building requires prior approval by the
HARB and the Supervisors or Council. This also includes such visible aspects of the building as new
windows, doors and shop fronts. Alteration does not mean necessarily an historical or
exact reproduction. The HARB is aware that the needs of the 20th century are different from those
of a hundred years, and it has practical experience in devising appropriate and inexpensive
methods of meeting current requirements without seriously affecting the architectural integrity of
the structure. The HARB encourages those owning buildings in the Historic District to consult with
the Board concerning such physical aspects as landscaping, signage, paving etc., thereby promoting
maintenance that is in keeping with the general historic and architectural character of the district.
Under state statutes, can the municipality force this designation on me?
In Pennsylvania, Act of the General Assembly No. 167 enacted June 13, 1961, and amended
by Act of the General Assembly No. 24, dated April 23, 1963, enables a municipality to adopt a
special purpose historic district ordinance. Because your property falls into the jurisdiction of the
HARB, this does not change the present use of your property, nor does it force you to make any
changes to your property. Designation only requires review and recommendation by the HARB
and approval by he Supervisors or Council when you apply for a building permit.
Does this apply only to my house or to the house and the land?
The jurisdiction of the HARB is the "exterior architectural features, which can be seen from
a public street or way, only, and shall consider the general design, arrangement, texture, material and
color of the building and the relation of such factors to similar features of buildings and structures in
the district." Act No. 167, Section 4B.
Can I tear down my house?
The HARB reviews demolition or razing of a structure and will consider the effect which the
proposed change will have upon the general historic architectural nature of the district. In turn, the
HARB will make recommendations to the Supervisors regarding the issuance of a Certificate of
Appropriateness for the demolition or razing.
Will my house be open to the public?
No, historic district designation does not create museum or museum districts. The ordinance is
a special district ordinance (pertaining only to exterior architectural features) which provides protection
and a degree of aesthetic control in the area.
We like our neighborhood. We want to preserve it, but we do not want a drastic change.
Historic district designation will not change the neighborhood, except that it will provide the
neighborhood with protection and a vehicle for control of the exterior architectural features of the
area.
Material Provided by the Borough Business Revitalization Program
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Can I appeal the Board's recommendations?
Yes, Act of the General Assembly No. 167, Section 4 (d) states, "Any person aggrieved by
failure of the agency charged by law or by local ordinance to issue a permit for such building
changes by reason of the disapproval of the governing body may appear therefrom in the same
manner as appeals from decisions of the agency charged by law or by local ordinance with the
issuance of permits for such building changes."
What is the criteria for designating my house historic?
The HARB uses the Commonwealth's criteria from the Bureau of Historic Preservation when
considering the historical significance of a district which include:
A. The area should possess a high degree of integrity and architectural quality with a
minimum of non-historically or non-architecturally significant intrusions.
B. The area should possess a sense of cohesiveness through characteristics of architectural
style such as height, proportion, scale, rhythm and detail.
C. The area should possess a special character, a special historical or aesthetic
atmosphere which distinguishes it from the surrounding area.
D. The area should be readily definable by either man-made or natural boundaries with a
major focal point or points within it.
E. The area should be significant in the historical or cultural life of the locality, state or
the nation.
F. The district need not represent a particular architectural style and may, in fact,
contain a wide variety of styles, providing they are in a harmonious relationship.
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What will be reviewed - exterior or interior and/or both?
Only exterior architectural features as seen from a public street or way will be reviewed
when applying for a building permit.
I'm on a fixed income. How will this affect me?.
Historic district designation is just that - a designation with some form of aesthetic control.
It will not require an owner to undertake any construction work, and it in no way has control over
normal maintenance and repair.
How is this going to affect the assessment?
Designation has no immediate effect on land values. Designation provides a vehicle for control
and protection, which may act as an incentive to property owners and potential owners.
Material Provided by the Borough Business Revitalization Program
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