[Amended 11-14-2006 by Ord. No. 1175]
Changes from the International Building Code, to the Building Code of the Township of Upper Dublin, are as follows:
A. Section 101.1, insert: “the Township of Upper Dublin.”
B. Section 112.3.1, insert: “The currently adopted fee schedule as per Chapter 110, Fees.”
C. Section 116.4, insert: “... a summary offense, punishable by a fine of not more than $1,000.”
D. Section 117.2, insert: “... of not more than $1,000.”
E. Section 121.0, add the following:
SECTION 121.0 MEANS OF APPEAL
121.1 Appeals: An appeal from any decision of the Code Official may be taken to the Commissioners. Such appeal shall be made in writing within 10 days after such decision has been made, shall be verified by affidavit and filed with the Township Secretary. The appellant or his representatives shall have the right to appear and be heard, if such a right is requested in the written appeal. A prompt decision of such appeal shall be made. In making the decision, the Commissioner may vary or modify any provision of this chapter where there are practical difficulties in the way of executing the strict letter of the law, so that the spirit of the law shall be observed, public safety secured and substantial justice done. Every action of the Commissioners on such appeals shall be by resolution, copies of which shall be certified to the Code Official and the appellant.
121.2 Committee on Building Code: The Commissioners shall appoint a Committee on Building Code, to serve at the will of the Commissioners. It shall be the duty of the Committee on Building Code to review the Building Code and make such recommendation to the Commissioners as the Committee deems necessary.
121.3 Rules:
1. Rules necessary to define or carry out the intent or purpose of this Article, or to set forth conditions under which new materials or methods of construction may be used, may be recommended from time to time by the Building Code Committee to the Commissioners.
2. Rules adopted as herein provided shall have the same force and effect as the provisions of this chapter.
3. Any rule may be amended or repealed by the same procedure provided for the adoption of new rules.
F. Section 3408.2, insert: August 15, 1994.
G. (Reserved)
H. (Reserved)
I. (Reserved)
J. (Reserved)
K. In Section 3407, Historic Buildings, add a new subsection 3407.3, to provide as follows:
3407.3 Special Requirements For Building Permits - Historic Resources: The following special requirements shall apply to a building permit to demolish a building, structure, or site listed on the Upper Dublin Historic Inventory, Chapter A264. Terms set forth herein shall be as defined in Chapter 127 and Chapter 255.
1. Applicability of Special Requirements. No historic resource on the Historic Resource Inventory, Chapter A264 of the Upper Dublin Township Code, may be demolished, in whole or in part, unless a building permit therefor is obtained from the Code Enforcement Officer in accordance with the procedures and requirements of this section.
2. Procedure for Obtaining Building Permit - Class II Resource.
(a) The applicant shall submit one copy of an application for a building permit to the Code Enforcement Officer in a form acceptable to the Township. If the Code Enforcement Officer determines that the permit request is for the demolition of a building, structure, or site listed as a Class II resource on the Historic Resource Inventory, Chapter A264 of the Upper Dublin Township Code, he shall not issue the building permit and the application shall be forwarded to the Historical Commission.
(b) Information to be Provided. In addition to the other requirements of this section, an applicant seeking a permit to demolish an historic resource on the Historic Resource Inventory shall provide the following information:
(i) Name and address of owner of record.
(ii) Site plan showing all buildings and structures on the property.
(iii) Recent photographs of the resource proposed for demolition. (the applicant may request the Township to secure photographs provided permission is given to enter the property for this purpose)
(iv) Reasons for the demolition.
(v) Proposed method of demolition.
(vi) Intended future use of the site and of the architecturally significant materials from the demolished resource.
(vii) Where applicable, plans showing any proposed new construction or reconstruction.
(c) The applicant or the Code Enforcement Officer shall, within 10 days from the filing thereof, post a notice on the property indicating that the owner has applied for a permit to demolish an historic resource on the property. The notice shall be posted on each street frontage of the premises with which the notice is concerned and shall be clearly visible to the public. Posting of a notice shall not be required in the event of an emergency which is determined by the Code Enforcement Officer to require immediate action to protect the health or safety of the public.
(d) Review by Historical Commission. Within 45 days of receipt of a complete application from the Code Enforcement Officer, the Historical Commission, at a regular or special meeting, shall review the application for demolition. The applicant will be notified of such meeting at least 10 days prior to its date and shall have the opportunity to present his reasons for filing the application. The Historical Commission shall consider the following:
(i) The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring historic resources;
(ii) Whether the applicant has demonstrated that he has considered all alternatives to demolition;
(iii) Economic feasibility of adaptive reuse of the resource proposed for demolition;
(iv) Alternatives to demolition of the resource;
(v) Whether the resource in its current condition presents a threat to public safety;
(vi) Whether the resource has been intentionally neglected;
(vii) Whether the retention of the resource would represent an unreasonable economic hardship.
(e) Where the Historical Commission determines that additional information is needed from the applicant in order to adequately address the issues enumerated in Subsection 2(d) above, request for such information shall be made in writing to the applicant prior to the expiration of the initial thirty-day review period.
(f) Historical Commission recommendation. Within 30 days following conclusion of the meeting and the receipt of additional requested information, whichever is later, the Historical Commission shall set forth its recommendations in a written report to the Board of Commissioners.
(i) Immediate approval. After reviewing the building permit application with attachments, the Commission may recommend:
(i.i) Approval of the permit, as provided under Subsection (2)(g)(i), below; or
(i.ii) Conditional approval subject to the applicant providing appropriate documentation of the historical significance of the resource(s) prior to demolition, in the same manner as provided in Subsection 2(h)(ii) below.
(ii) Delay of demolition. Alternatively, the Commission may recommend delay of demolition in accordance with Subsection 2(h) below.
(g) Approval of building permit or delay of demolition by the Board of Commissioners.
(i) Within 30 days after receiving the recommendation from the Historical Commission, the Board of Commissioners shall consider the application, together with the recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes and/or conditions, or defer their decision, affording a delay of demolition for up to 90 days as set forth in Subsection 2(h) below. The applicant shall be notified of the meeting of the Board at least 10 days prior to its date, and shall have the opportunity to present his reasons for filing the application. Within seven days after making its decision, the Board shall provide written communication of its decision to the applicant, the Historical Commission, the Commissioners Planning Committee and the Code Enforcement Officer.
(ii) Issuance of building permit. Where the Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is granted with conditions attached, the Code Enforcement Officer shall be authorized to issue the permit subject to those conditions.
(h) Delay of demolition.
(i) The specified period of delay up to 90 days shall be used to provide an opportunity to engage in discussion with the applicant about alternatives to demolition of an historical resource; to allow for appropriate documentation of the resource pursuant to Subsection h(ii) as set forth below; and/or for preparation of a financial analysis, as set forth below for Class I only. The Historical Commission shall make every effort to communicate with the applicant to inform him of the historical importance of the resource, its significance to the Township, and alternatives to demolition.
(ii) Documentation of historic resources. When ordering the delay of demolition, the Board of Commissioners may request the Historic Commission to provide documentation of the resource proposed for demolition. Such documentation may include, as available: historical data, surveys, and other data provided by local, state, and federal historic preservation organizations and agencies; photographs; floor plans; measured drawings; archaeological surveys (if appropriate); and any other comparable form of documentation recommended by the Historical Commission. The extent of documentation required shall reasonably relate to the architectural quality and/or historical significance of the resource(s). Where the Historical Commission determines that additional information is needed from the applicant in order to adequately address the issues enumerated above, request for such information shall be made in writing to the applicant prior to the expiration of the initial thirty-day review period. The Board of Commissioners may extend the stipulated 90 days until the applicant has sufficiently satisfied the documentation requirements.
(iii) With respect to a Class II resource, the Historical Commission shall provide its recommendation on issuance of the permit to the Board of Commissioners not later than the end of the applicable one-hundred-five-day review period, as it might be extended. The Board of Commissioners shall approve the application for demolition of the resource(s) in accordance with Subsection (2)(g)(i), above, within the applicable one-hundred-five-day review period, whether it receives a recommendation from the Historical Commission or not.
(i) Historical Commission recommendation.
(i) Once the delay of demolition has expired, the Historical Commission shall review the application again together with any further documentation requested by the Board of Commissioners at its next regular meeting. The Commission may recommend to the Board of Commissioners approval of the permit or, where the Commission does not believe that the applicant has proven unreasonable economic hardship or the lack of a reasonable alternative, recommend denial of the permit. The Commission shall consider the following in making its recommendation:
(i.i) The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring historic resources;
(i.ii) Whether the applicant has demonstrated that he has considered all alternatives to demolition;
(i.iii) The economic feasibility of adaptive reuse of the resource proposed for demolition;
(i.iv) Alternatives to demolition of the resource;
(i.v) Whether the resource in its current condition presents a threat to public safety;
(i.vi) Whether the resource has been intentionally neglected;
(i.vii) Whether the retention of the resource would represent an unreasonable economic hardship.
(ii) The Commission shall communicate its recommendation in writing to the Board of Commissioners within 30 days of the expiration of the ninety-day delay period.
3. Procedure For Obtaining Building Permit - Class I Resource. The procedure for obtaining a building permit to demolish a Class I Resource shall be the same as that for a Class II resource, except as follows:
(a) No permit shall be issued for the demolition of a Class I resource except in cases where the applicant specifically alleges that demolition is necessary due to unreasonable economic hardship. In such cases, the Board of Commissioners may, during the period of delay, request that the applicant prepare and submit the basis for this allegation. This may include a financial analysis to the Board containing some or all of the following information, as applicable and available:
(i) Amount paid for the property;
(ii) Date of purchase and party from whom purchased, including a description of the relationship, if any, whether business or familial, between the owner and the person from whom the property was purchased;
(iii) Assessed value of the land and improvements thereon according to the most recent assessment;
(iv) A pro forma financial statement prepared by an accountant or broker of record;
(v) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property, if any;
(vi) Bona fide offers to sell or rent the property, the price asked, and offers received, if any;
(vii) Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses; incentives which could be offered by the Township to preserve the resource; and any input from local, state, or federal historic preservation and architectural organizations or agencies;
(viii) Where relevant, written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.
(b) Approval or denial of building permit for Class I resources after delay of demolition.
(i) At its next regular meeting after receiving the recommendation from the Historical Commission, or at a special meeting if necessary to comply with Subsection 3(b)(iii) below, unless an extension of time has been granted by the Applicant, the Board of Commissioners shall again consider the application, together with the recommendations of the Historical Commission and any further documentation which had been requested, and vote either to approve the application or to approve the application with changes as set forth in Subsection (2)(g)(i) above, or to deny the application as set forth below.
(ii) Denial of application. Where the Board acts to deny the application, a notice of denial shall be sent to the applicant indicating what changes in the plans and specifications, if any, would be sufficient to meet the standards of this section.
(iii) Action by the Board of Commissioners, including appropriate notification to the applicant, shall occur within 60 days of the expiration of the ninety-day delay period.
L. In Section 3407, Historic Buildings, add a new subsection 3407.4, to provide as follows:
3407.4 Enforcement of Special Requirements for Building Permits for Historic Resources: Any person who demolishes a building, structure, or site on the Historic Resource Inventory, Chapter A264 of the Upper Dublin Township Code, in violation of the provisions of Section 3407.3, or in violation of any conditions or requirements specified in a permit issued under Section 3407.3, shall be required to restore the building, structure, or site involved to its appearance prior to the violation, in default of which the Township may perform such restoration and charge the cost thereof together with an administrative fee of 10% as a municipal lien against the property. Such restoration shall be in addition to and not in lieu of any penalty or remedy available under Chapter 73 of the Upper Dublin Township Code, or any other applicable law.