[Added 1-21-2003 by Ord. No. 129-B-03]

This article is intended to advance the following public purposes:

A. To promote the general welfare by facilitating protection of the historical integrity of the historic resources of East Goshen Township.

B. To establish a clear process by which proposed land use changes affecting historic resources can be reviewed.

C. To discourage the unnecessary demolition of historic resources.

D. To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.

E. To encourage the conservation of historic settings and landscapes.

The Township shall maintain the East Goshen Township Historic Resources Inventory which shall include a list of all Class I and Class II historic resources as defined in § 240-6.

A. Class I historic resources. Any building, structure, site or object, or a complex of the same, which is located in the Township that qualifies as a Class I historic resource shall be placed on the Historic Resources Inventory.

B. Class II historic resources. Any building, structure, site or object, or a complex of the same, which is located in the Township which meets one or more of the following criteria, as determined by the Board of Supervisors in accordance with the procedure in § 240-38. 4, shall be classified as a Class II historic resource and shall also appear in the Historic Resources Inventory:

(1) Has significant character, interest or value as part of the development, heritage or cultural characteristics of the Township, county, region, commonwealth or nation, or is associated with the life of a person significant in the past;

(2) Is associated with an event of importance to the history of the Township, county, region, commonwealth or nation;

(3) Embodies distinguishing characteristics of an architectural style or engineering specimen;

(4) Is the noteworthy work of a designer, architect, landscape architect or designer, or engineer whose work has significantly influenced the historical, architectural, economic, social, or cultural development of the Township, county, region, commonwealth or nation;

(5) Has yielded, or may be likely to yield, information important in prehistory or history; or

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

A. Any property may be proposed for addition to or removal from the Historic Resources Inventory, or for a change in classification (Class I or Class II) by:

(1) The owner of such property;

(2) The Historical Commission;

(3) The Board of Supervisors; or

(4) Notice from the designating organization (Pennsylvania Historical and Museum Commission or National Register) that the historic resource no longer meets the criteria upon which its classification has been based.

B. All proposals for addition to or removal from the Historic Resources Inventory, or for a change in classification (Class I or Class II) , shall be referred to the Historical Commission who shall hold a public meeting thereon, after written notice is sent to the owner(s) of the property affected. The Historical Commission shall consider oral testimony or documentary evidence regarding the proposal at the public meeting, describing how or why the subject building, structure, site or object meets the criteria for designation of historic resources set forth in § 240-38. 3 with respect to Class II resources or the definitional criteria for Class I set forth in § 240-6, or does not. The Historical Commission shall present a written report to the Board of Supervisors within 30 days following the public meeting stating its recommendation regarding the subject proposal. A resource shall be recommended for removal from Class I if it does not currently meet the definitional criteria set forth in § 240-6 or is not deemed by the Commission to be of historical significance based on the evidence presented at the public meeting or otherwise received by the Commission. Buildings, structures, sites or objects removed from Class I shall remain as Class II historic resources unless it does not currently meet any of the criteria set forth in § 240-38. 3, in which case it shall be removed altogether from the Historic Resources Inventory.

C. After receiving the recommendations of the Historical Commission, the Board of Supervisors may from time to time, by ordinance, add or delete buildings, structures, sites and objects to or from the Historic Resources Inventory or change the classification of an historic resource. Written notice of the proposed action of the Board of Supervisors shall be given to the property owner at the time of publication of the proposed ordinance.

A. Class I and Class II historic resources may be used for the following purposes:

(1) Any use permitted in the underlying zoning district in which the property is located.

(2) Where approved by the Board of Supervisors as a conditional use in accordance with § 240-31, as well as the specific requirements for conditional use approval set forth in § 240-38.7, the following uses may be permitted as an additional principal use or accessory use on properties in any location containing Class I or Class II historic resource(s) :

(a) Any use permitted in the underlying zoning district (i. e. , as a second principal use) ;

(b) Artist studio or crafts workshop employing not more than three persons. Such crafts may include model making, rug weaving, lapidary work, furniture making and similar crafts;

(c) Antique shop;

(d) Residential conversion of any structure designated as a Class I or Class II historic resource into one or more dwelling units, subject to the following specific requirements:

[1] Except where otherwise provided in the applicable zoning district, where multiple dwellings result from the conversion of a structure designated as a Class I or Class II historic resource, no individual dwelling unit shall contain less than 800 square feet of habitable floor area and the number of such dwelling units shall not exceed the number that can be accommodated within the building utilizing this minimum floor area requirement. No structural addition to the historic resource shall increase the number of dwelling units that can be achieved by application of this formula.

[2] Each individual dwelling unit created through the residential conversion of an historic resource shall contain its own bathroom and kitchen.

(3) Where approved by the Board of Supervisors as a conditional use in accordance with § 240-31, as well as the specific requirements for conditional use approval set forth in § 240-38. 7, the following uses may be permitted as an additional principal use or accessory use on properties containing Class I or Class II historic resource(s) only where the subject property has frontage on one or more of the following roads: West Chester Pike, North Chester Road, Boot Road, Paoli Pike, East Strasburg Road and Airport Road:

(a) Office or business office;

(b) Cultural studio, subject to the condition that if access is provided from a minor street, the use shall be limited to one class at a time with not more than 10 students in the class, and not more than two instructors;

(c) Child day-care center as a principal or accessory use;

(d) Adult day-care center;

(e) Bed-and-breakfast use;

(f) Food preparation or catering facility not involving food consumption, employing not more than three persons on the premises;

(g) Personal service shop, including tailor, barber, beauty salon, dressmaking, or similar shop, but not including dry cleaning or laundromat, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the service shop use;

(h) Repair services, including small appliances, small business machines, watches, household furnishings, shoes, bicycles and locks, but shall not include automobile, truck, motorcycle or lawnmower repair, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the repair service use;

(i) Other uses of a similar nature and similar neighborhood impact.

B. Uses which are not otherwise permitted in the underlying zoning district shall be principally contained within structures designated as Class I or Class II historic resources.

Lot area, width, building coverage, height and yard requirements otherwise applicable in the underlying zoning district shall apply provided, however, that the Board of Supervisors may approve by conditional use modifications to applicable lot area, lot dimension, yard requirements or any otherwise applicable area and bulk regulation or design standard for plans affecting historic resources subject to compliance with the specific requirements in § 240-38. 7.

In determining whether to grant a conditional use to permit the additional uses listed in § 240-38. 5 or to modify the area and bulk requirements as permitted by § 240-38. 6, the following requirements shall apply:

A. All applicable standards and criteria set forth in § 240-31 for conditional use approval shall be complied with to the satisfaction of the Township.

B. The granting of conditional use approval shall be deemed to be necessary to the preservation of the historic resource(s) .

C. Except where clearly detrimental to historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this Chapter 240 shall be complied with, including but not limited to requirements for buffering, lighting, storage, access and traffic management, interior circulation, loading, parking, and signs.

D. The Board of Supervisors may deny the request for additional use or for modification of area and bulk regulations where, upon the review of the Historical Commission, it deems the proposal to be destructive to the integrity of the historic resource and/or where the Board finds the proposal to be inappropriate in the context of the immediate neighborhood.

A. An applicant seeking conditional use approval for additional use or for modification of area and bulk regulations in a Class I or Class II historic resource shall submit a conditional use application to the Township in accordance with the provisions of § 240-31. In addition, the conditional use application shall include the following supporting information:

(1) A detailed depiction of the proposed use(s) ;

(2) Any physical changes proposed for the affected historic resource(s) and their surrounding landscape; and

(3) Any proposed modifications to otherwise applicable area and bulk regulations.

B. The Historical Commission and Planning Commission shall review the conditional use application and submit a written recommendation to the Board of Supervisors.

C. The Board of Supervisors shall act upon the application in accordance with the provisions of § 240-31B.

A. Demolition permit requirement.

(1) A demolition permit shall be required prior to the demolition of any Class I or Class II historic resource in whole or in substantial part as defined in § 240-6 of this chapter.

(2) These provisions shall not be construed to prevent the ordinary maintenance or repair of any building, structure, site, or object where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building, structure, site, or object and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage; or to prevent the construction of additions or alterations to the historic resource, involving less than 50% of the exterior facades as they existed on the historic resource when it was first placed on the Historic Resources Inventory.

B. Procedure for approval or denial of demolition permit.

(1) Filing. The applicant shall submit an original and two copies of the Township's standard form application for demolition permit to the Zoning Officer. If the Zoning Officer determines that the application seeks approval for the demolition of a Class I or Class II historic resource, the Zoning Officer shall not issue the demolition permit, but shall forward the application to the Historical Commission and to the Board of Supervisors.

(2) Submission requirements. In addition to submission of any documentation required by the Township's Building Code, an applicant seeking a demolition permit to demolish an historic resource shall submit the following documents and written narrative supporting the application:

(a) Owner of record;

(b) Site plan showing all buildings and structures on the property;

(c) Recent black and white or color photographs of the resource proposed for demolition;

(d) Reasons for the demolition;

(e) Proposed method of demolition;

(f) Intended future use of the site and of the materials from the demolished resource;

(g) List of alternatives to demolition which the applicant has considered;

(h) Where the applicant specifically alleges that demolition is necessary due to undue economic hardship or the lack of a reasonable economic alternative, a narrative statement, together with supporting documentation, shall be submitted to demonstrate what alternate consideration to demolition, if any, the applicant has given to practical, adaptive uses of the property, particularly considering the incentives potentially available as conditionally permitted by § 240-38.5, and written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.

(3) Period for decision. The Board of Supervisors shall have a period of 90 days after the filing of a complete application for demolition permit to issue or deny the demolition permit, unless extended in writing by the applicant.

(4) Review by Historical Commission. Within 30 days of receipt of a complete application for demolition permit, the Historical Commission shall review the application at a public meeting where the applicant shall have the right to appear in support of his application. The Historical Commission shall consider the following:

(a) The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring historic resources;

(b) Whether the applicant has demonstrated that he has considered all alternatives to demolition;

(c) Economic feasibility of adaptive reuse of the resource proposed for demolition;

(d) Alternatives to demolition of the resource;

(e) Whether the resource in its current condition presents a threat to public safety;

(f) Whether the resource has been intentionally neglected; and

(g) Whether the required retention of the resource would represent an unreasonable economic hardship.

(5) Historical Commission recommendation. The Historical Commission shall, within 15 days after the public meeting, communicate its recommendation(s) in a written report which specifically addresses the items set forth in § 240-38. 9B(4) (a) through (g) to the Board of Supervisors either recommending approval of the application as submitted, recommending approval of the application with conditions, or recommending denial of the application.

(6) Board meeting. Within 30 days after receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application at a public meeting and shall vote either to approve the application, approve the application with changes, or deny the application. The applicant shall be notified of the meeting at least 10 days prior to its date, at which time the applicant shall have the right to present evidence in support of the application.

(7) Issuance or denial of demolition permit. Where the Board acts to either approve or deny the permit application, it shall authorize the Zoning Officer to either issue the permit or give written notice of denial, as applicable. Where the approval is authorized to be granted with conditions attached, the Zoning Officer shall be authorized to issue the permit upon his receipt from the applicant of his written acceptance of those conditions; otherwise, the permit shall be denied. The Board may deny a demolition permit when it finds that the applicant has failed to prove either unreasonable hardship or the lack of a reasonable alternative as necessitating demolition.

A. Applicability. An historic resource impact study (HRIS) shall be submitted to the Township, unless waived or modified by the Board of Supervisors, in the following situations:

(1) As part of a preliminary plan submission for any subdivision or land development application which proposes new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 250 feet of the exterior walls of any Class I or II historic resource.

(2) As part of a tentative plan submission for any application for planned residential development (PRD) which proposes new construction of buildings, structures, roads, driveways, parking areas, or other land disturbance within 250 feet of the exterior walls of any Class I or II historic resource.

B. Contents. The HRIS shall contain the following information, unless waived or modified by the Board of Supervisors:

(1) Background information.

(a) If not otherwise provided by the applicant, a general description of the site subject to the application, including topography, watercourses, vegetation, landscaping, existing drives, etc.

(b) General description and classification of all Class I or II historic resources located within 250 feet of any proposed land development or land disturbance.

(c) Physical description of all Class I or II historic resources.

(d) Narrative description of the historical significance of each Class I or II historic resource, relative to both the Township and to the region in general.

(e) Sufficient number of black and white or color eight-inch by ten-inch photographs to show each Class I or II historic resource in its setting.

(2) Assessment of potential impacts to historic resources.

(a) Description of potential impact(s) to each Class I or II historic resource with regard to architectural integrity, historic setting, and future use.

(3) Mitigation measurers. Suggested approaches to mitigate potentially negative impacts to Class I or II historic resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measurers permitted under the terms of this and other Township ordinances.