(a) To obtain a demolition permit for a historical structure, an applicant must submit an application in writing on a form furnished by the Building Inspector for that purpose, together with the applicable fee(s). The fee for a demolition permit shall be based on the township fee schedule. The minimum charge for the permit will be in the amount set forth by the Board of Commissioners in the fee resolution.
(b) The permit shall contain the following information:
(1) Date of filing of application;
(2) Name of applicant;
(3) Address of building or structure to be demolished and owner of records if different from applicant;
(4) Description of the building or structure to be demolished, including type of use, type of building construction, size and square footage and number of stories;
(5) Site plan showing all buildings, structures and features of the property;
(6) Reasons for demolition;
(7) Method of demolition and disposition of materials from demolition;
(8) Approximate date of commencement and completion of demolition;
(9) Projected uses of the site following demolition of the building or structure; and
(10) Will submit three complete copies of application.
(c) The demolition permit applications shall be signed by the applicant and such signature shall constitute a certification by the applicant and such signature shall constitute a certification by the signer that the information contained in the application is true and correct.
(d) Within ten working days of receipt of an application for a demolition permit, the township shall publish notice of the application in a daily or weekly newspaper of substantial circulation in the township. The Building Inspector shall also forward a copy of the demolition permit applications by regular mail to the Township Historical Society at its registered address. The notice required shall state the following:
(1) An application has been filed for a demolition permit of a historical structure; and
(2) Unless written objection is filed with the Building Inspector within ten days of the publication of the notice, the demolition permit will be issued after the expiration of such ten-day period.
(e) If within ten days after the publication of the notice no written objection to the issuance of the permit is filed and remains open with the Building Inspector, then the demolition permit shall be issued to the applicant.
(f) If within ten days after the publication of the notice an objection is filed with the Building Inspector, then the Building Inspector shall forward the demolition permit application, together with all attachments, to the Board for its review. The objection shall be in writing and shall state the specific reasons for the objection.
(g) Within 60 days after receipt by the Board of an application for a demolition permit to which application an objection has been filed, or such later period not to exceed an additional 90 days as may be agreed to by the Board and the applicant, the Board shall hold a public hearing on the application and objections thereof and make a decision whether to approve or deny the application for issuance of the demolition permit. The person applying for the demolition permit shall be given a minimum of ten days’ advance written notice by mail of the time and place of the hearing if a special hearing, being a hearing other than a regularly scheduled Board meeting, is required to meet the time frame for the public hearing required herein or is otherwise requested by the applicant, the applicant shall be responsible for payment of the required fee for such special hearing as provided for in the township fee schedule. The Board shall make a decision on the application within 60 days following the close of the hearing, unless otherwise agreed to by the Board and the applicant. Failure of the Board to make a determination within the required time period shall be deemed to constitute an approval of the application.
(h) At any time after filing an objection to the issuance of the permit, the objecting party may withdraw the objection by giving written notice of such withdrawal to the Board and the Building Inspector and, upon receipt of such withdrawal, provided the initial ten-day period after publication has expired and provided there are no other objections which remain outstanding, the permit shall be issued and any pending public hearing on the permit shall be canceled.
(i) At the public hearing held on the application, the Board and the applicant may agree to postpone the public hearing to a later date, such postponement not to exceed an additional 60 days from the date of that public hearing.
(j) After the hearing when the Board reviews an application for a demolition permit, the Board shall consider the following factors, among other factors deemed appropriate by the Board, before reaching its decision on the application:
(1) The purposes of this chapter;
(2) The historical, architectural or aesthetic significance of the building or structure;
(3) The design and compatibility of the proposed work with the character of its site, including the effect of the proposed work on neighboring structures;
(4) Whether the building or structure can be used for any purpose for which it is or may be reasonably adapted. To that end, the owner must demonstrate that the sale of the property is impracticable; that rental cannot provide a reasonable rate of return; and that other potential uses of the property are not feasible or available. The objector must also provide his, her or its recommendation for the continued use of the building in question; and
(5) Where an application for demolition is based on economic hardship, the Board may lessen its requirement in order to account for the economic situation involved.
(k) Every decision of the Board shall be in writing and shall state the reasons for the decision. The decision shall contain the findings of fact that constitute the basis of the decision. The Board shall furnish the applicant and objector with a copy of the Board’s decision, together with a copy of any recommendations the Board may have for changes necessary before the application will be reconsidered by the Board.
(1) The Board may approve the application for a demolition permit subject to conditions.
(2) In cases where the Board approves the issuance of a demolition permit, the Board shall require that the building or structure be recorded, at the applicant’s expense, according to the documentation standards of the Historic American Buildings Survey and the Historic American Engineering Record (HABS/HAER), with such written, drafted and photographic documentation being deposited with the Board and any other historical preservation agency or group the Board deems necessary. In no case will the applicant be forced to spend more than an additional amount set forth by the Board of Commissioners in the fee resolution on this survey. Any additional expenses will be borne by the objecting party.
(3) In the case of a demonstrated economic hardship, the Board may prescribe a less stringent form of documentation.
(4) In cases where the Board approves the issuance of a demolition permit, the permit will be good for a six-month period unless upon written request the Board agrees to extend the time.
(Ord. 829, passed 9-21-2005)