Amendments to the Historic Districts Chapter

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ORDINANCE 3560

[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Merion 3-15-2000 as Ord. No. 3560. Amended 7-16-2003 by Ord. No. 3683; 7-17-2003 by Ord. No. 3684; amended by Ord No. 3714; amended 11-3-2005 by Ord No. 3760; amended 7-11-2007 by Ord No. 3820; amended 5-19-2010 by Ord. No. 3912.]

 

AN ORDINANCE To Amend The Code Of The Township Of Lower Merion, Chapter 88, Historic Districts, To Establish An Historical Commission And Define Its Membership And Duties; To Establish An Historic Resource Inventory Of Buildings, Structures, And Sites In The Township, To Establish The Criteria For Properties To Be Added To Or Deleted From The Inventory, And To Set Forth A Procedure As To How Properties Will Be Designated For Inclusion In Or Removal From The Inventory; To Amend The Code Of The Township Of Lower Merion, Chapter 135, Subdivision And Land Development, To Provide For The Review Of Tentative Sketch Plans By The Montgomery County Planning Commission, And By The Historical Commission Where The Property Is Located In An Historic Resource Overlay District; To Require The Submission Of An Historic Resource Study With An Application For Tentative Sketch Plan Approval Where The Property Is Located In An Historic Neighborhood, An Historic District, Or An Historic Resource Overlay District; To Amend The Code Of The Township Of Lower Merion, Chapter 155, Zoning, To Set Forth Definitions For Bed And Breakfast, Class I Historic Resource, Class II Historic Resource, Cultural Studio, Demolition Or Demolish, Historic Neighborhood, Historic Resource Home Occupation, And Professional Office; To Provide That A Portion Of A Preservation Area May Be Used For Historic Resources; And To Create An Historic Resource Overlay District As An Overlay District On The Zoning Map Of The Township, And Establishing Rules And Procedures To Encourage The Preservation Of Class I And Class II Historic Resources; To Amend The Code Of The Township Of Lower Merion, Chapter 62, Building Construction, To Insert Into The BOCA Code Regulations For Obtaining A Special Permit For Structures On The Historic Resource Inventory; To Amend The Code Of The Township Of Lower Merion By The Addition Of A New Chapter A180, Adding An Appendix Titled Historic Resource Inventory.

 

The Board of Commissioners of the Township of Lower Merion hereby ordains:

Section 1. The Code of the Township of Lower Merion, Chapter 88 thereof, entitled Historic Districts, shall be amended to provide as follows:

Chapter 88. HISTORIC DISTRICTS AND RESOURCES

ARTICLE I, Historic Districts

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§ 88-5. Duties of Board; organization and procedures; compensation.

A. The Board shall give counsel to the Board of Commissioners of the township regarding the advisability of issuing any certificates required to be issued pursuant to the Act of June 13, 1961, and this chapter. Property owners may also seek the advice of the Board concerning the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of a building or installation of signs. For this purpose, the Board may, for its own organization and procedure, make and alter rules and regulations consistent with this chapter and the laws of the commonwealth. A majority of the Board shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a majority of the Board. The members of the Board shall serve without compensation and shall make an annual report of their transactions to the Board of Commissioners. The Board may, pursuant to appropriations by the Board of Commissioners, employ secretarial assistants, pay their salaries and wages and incur other necessary expenses. The Board shall obtain permission of the owner before entering into or onto the property.

B. The duties of the Historical Commission set forth in Article II, §88-17 of this chapter shall be performed by the Board with respect to properties located in a Local Historic District.

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ARTICLE II, Historic Resources

§ 88-15. Legislative intent.

It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural, archeological, educational, and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Lower Merion Township. To that end, the Township has undertaken to identify and document its historic resources. The provisions of this Article, coupled with the provisions of Chapter 155, Article XXVIIA, are intended:

A. To promote the general welfare by protecting the integrity of the historic resources of Lower Merion Township.

B. To establish a clear and public 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.

F. To promote retention of historical integrity in the context of proposed land use and/or structural changes.

§ 88-16. Historical Commission established; membership; terms.

A. An Historical Commission is hereby established to be appointed by the Board of Commissioners, and to be composed of a total of seven members, who shall be residents of the Township or have an ownership interest in property in the township and shall have knowledge of and interest in the preservation of Historic Resources. The Historical Commission shall include a registered architect with a minimum of five years experience with historic preservation and an architectural historian. The resume evidencing the qualifications of the members shall be filed with the Township Secretary. [Amended 7-17-2003 Ord. No. 3684]

B. The terms of the members of the Commission shall be five (5) years, staggered so that at least one shall expire each year. [Amended 7-17-2003 Ord. No. 3684]

§ 88-17. Duties of the Historical Commission; organization and procedures; compensation.

The Historical Commission shall perform those duties established by this Chapter and by Chapter 155 with respect to recommending to the Board of Commissioners those properties to be placed on or removed from the Historic Resource Inventory, distinguishing between those properties to be classified as Class I and Class II Historic Resources. The Historical Commission shall further give counsel to the Board of Commissioners of the township, as provided for in this Chapter and in Chapters 62, 135 and 155, regarding the preservation or demolition of those resources of historic significance located in the Township, but not within a local Historic District. Property owners may also seek the advice of the Historical Commission concerning the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of a building, structure or site, not within a local historic district, which may have historical significance. The Historical Commission may, for its own organization and procedure, make and alter rules and regulations consistent with this chapter and the laws of the Commonwealth, subject to the approval of the Board of Commissioners. A majority of the Historical Commission shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a majority of the Historical Commission, regardless of the number actually present. The members of the Historical Commission shall serve without compensation and shall make an annual report of their transactions to the Board of Commissioners. The Historical Commission shall obtain permission of the owner before entering into or onto private property.

§ 88-18. Historic Resource Inventory.

An Historic Resource Inventory is hereby established of buildings, structures, and sites in the Township designated for preservation, some or all of which may be located within an Historic District. The Inventory shall be appended to the Township Code and shall be available for public inspection in the office of the Township Secretary. Initially the Historic Resource Inventory shall consist of those resources designated on the list appended to this Code as Chapter A180 – Historic Resource Inventory. Resources may be added or removed from the Historic Resource Inventory as follows:

A. Criteria for designation. A building, structure, or site, or a complex of the same, may be placed on the Historic Resource Inventory if it meets any three or more of the following criteria:

(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; or

(2) Is associated with an event of importance to the history of the Township, County, Region, Commonwealth or Nation, or

(3) Embodies an icon associated with an era characterized by a distinctive architectural style; or

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

(5) 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; or

(6) Contains elements of design, detail, materials or craftsmanship which represent a significant innovation; or

(7) Is part of or related to a commercial center, park, community or other distinctive area which should be preserved according to an historic, cultural or architectural motif; or

(8) Owing to its unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood, community or Township; or

(9) Has yielded, or may be likely to yield, information important in pre-history or history; or

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

B. Procedure for Designation or Removal. Any property proposed for designation on or removal from the Historic Resource Inventory shall be proposed by or shall first be referred to the Historical Commission, which shall hold a public meeting thereon.

(1) Unless a property is proposed by the owner(s), such owner(s) shall be notified upon receipt of a proposal that their property be placed on or removed from the Historic Resource Inventory and asked to respond to such proposal within fifteen (15) days.

(2) At least thirty (30) days before holding a public meeting to consider the proposed designation or removal of a building, structure, or site as historic, the Historical Commission shall send notice to the owner of the property proposed for designation. Such notice shall indicate the date, time and place of the public meeting at which the Historical Commission will consider the proposed designation or removal. Notice shall be sent to the registered owner’s last known address as the same appears in the real estate tax records of the Township Treasurer and sent to the "Owner" at the street address of the property in question.

(3) Any interested party may present testimony or documentary evidence regarding the proposed designation or removal at the public meeting.

(4) The Historical Commission shall present its written report to the Board of Commissioners, the applicant and the owner within sixty (60) days following the public meeting basing its recommendation upon those criteria for designation established in this section. A property shall be recommended for removal from the Historic Resource Inventory if it does not currently meet the criteria for designation. The report shall include a summary of the information and copies of all documents presented at the meeting and used by the Historical Commission in making its recommendation.

(5) Based upon the criteria set forth in this section and after receiving the recommendations of the Historical Commission, the Board of Commissioners shall from time to time, by ordinance, add or delete buildings, structures, and sites to or from the Historic Resource Inventory. Written notice of the action of the Board of Commissioners shall be given to the property owner and to any person appearing at the public meeting of the Historical Commission who requests notification.

 
[ Back to Top | Article I | Article XXVII | Property Inventory ]

 

Section 2. The Code of the Township of Lower Merion, Chapter 135 thereof, entitled Subdivision and Land Development, § 135-7. Tentative sketch plans, subsection C., Plan Review, paragraph (1), shall be amended to provide as follows:

§ 135-7. Tentative sketch plans.

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C. Plan review.

(1) The Director of Planning and Community Development, the Township Engineer, the Land Development Committee, and the Montgomery County Planning Commission shall review the plans and shall submit their comments and recommendations to the Township Planning Commission. The Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, shall also review the plans and shall submit their comments where the property is located in an Historic Resource Overlay District and/or a Local Historic District. Where applicable, the Environmental Advisory Council will also submit its comments.

 

Section 3. The Code of the Township of Lower Merion, Chapter 135 thereof, entitled Subdivision and Land Development, § 135-16 Tentative Sketch, subsection B., Sketch plans shall include the following information, shall have added thereto a new paragraph (17) to provide as follows:

§ 135-16. Tentative sketch.

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B. Sketch plans shall include the following information:

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(17) Where the property is a contributing resource in an Historic Neighborhood, or an Historic District, or is a resource listed in the Historic Resource Inventory, the applicant shall submit an Historic Resource Impact Study, as these terms are defined in Chapter 155, Article XXVIIA, and shall submit a statement with the plan, indicating which, if any, of such historic resources would be changed or affected to any substantial extent by the implementation of the subdivision plan and the development of the property.

 

Section 4. The Code of the Township of Lower Merion, Chapter 155 thereof, entitled Zoning, Article II Definitions, § 155-4, Terms Defined, Paragraph B, Words and terms defined, shall be amended by the addition thereto in alphabetical order of the following:

ACCESSORY APARTMENT – A single family dwelling unit formed from the conversion of a single-family dwelling into two single-family dwelling units, each with its own cooking facilities, neither of which may be a student home. One dwelling unit shall be occupied by the owner or lessor of the second dwelling unit.

BED AND BREAKFAST - A building used for the purpose of furnishing temporary lodging to guests together with food service to such guests, limited to breakfast and sometimes lunch or afternoon tea, prepared and served on-site only to such guests, and having an owner or manager in residence on the property. Such temporary lodging would normally be for a few nights and typically would not exceed a week.

CLASS I HISTORIC RESOURCE – Any of the following:

A. All sites designated by the Secretary of the Interior as National Historic Landmarks;

B. All buildings, structures, and sites listed individually in the National Register of Historic Places;

C. All buildings and structures classified as "certified historic structures" by the Secretary of the Interior;

D. All buildings, structures, and sites documented as "contributing resources" in any National Register Historic District;

E. All buildings, structures, and sites documented as "contributing resources" in any local historic district certified by the Pennsylvania Historical and Museum Commission (PHMC) in accordance with Pennsylvania Act 167; and

F. Any resources which have received a Determination of Eligibility (DOE) from the PHMC.

CLASS II HISTORIC RESOURCE - Any of the following:

A. All historic resources individually listed in the Lower Merion Township Historic Resource Inventory, not otherwise designated a Class I Historic Resource, and approved as such by the Board of Commissioners pursuant to the provisions of Chapter 88; and

B. All buildings, structures, and sites documented as "contributing resources" in an Historic Neighborhood, having received a Determination of Eligibility (DOE) from the PHMC.

CONTRIBUTING RESOURCE – A building, structure or site adding to the historic significance of a property, neighborhood or district.

CULTURAL STUDIO – A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.

DEMOLITION OR DEMOLISH – The razing or destruction, whether entirely or in significant part, of the exterior of a building, structure, or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the façade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction or reconstruction.

HISTORIC NEIGHBORHOOD – An area researched, documented, reviewed by the Pennsylvania Historic and Museum Commission, and determined eligible by that Commission for inclusion on the National Register. An Historic Neighborhood includes all buildings, structures, and sites located within it, whether or not they contribute to the character of the area.

HOME OCCUPATION - Any lawful occupation constituting, either entirely or partly, the livelihood of a person, which is conducted in the practitioner's principal residence as an incidental use. Two people sharing a dwelling unit, provided that it is their principal dwelling, shall each be permitted to practice.

(1) NON-TRAFFIC HOME OCCUPATION -- A home occupation which involves no commercial traffic visits.

(2) MINOR HOME OCCUPATION -- A home occupation which involves no more than one commercial visit per hour and a maximum of four commercial visits to the premises per day, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m.

(3) HISTORIC RESOURCE HOME OCCUPATION – A home occupation which involves not more than 8 commercial visits per day and one employee in addition to the practitioner for every 500 square feet of gross habitable floor area devoted to the Home Occupation, with all visits falling between the hours of 9:00 a.m. and 9:00 p.m. No more than one-fourth of the habitable floor area shall be used for the Historic Resource Home Occupation. An Historic Resource Home Occupation may also be conducted in a structure accessory to the practitioner’s principal residence provided the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory.

PROFESSIONAL OFFICES -- The office of a member of a recognized profession maintained for the conduct of that profession; shall include but not be limited to the offices of accountants, architects, attorneys, dentists, engineers and medical practitioners.

 

Section 5. The Code of the Township of Lower Merion, Chapter 155 thereof, entitled Zoning, Article XXV General Regulations, § 155-141.2. Conditional use application procedure and standards, shall be amended by a new Paragraph C, Standards of proof, to provide as follows:

§ 155-141.2. Conditional use application procedure and standards.

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C. Standards of proof.

(1) An applicant for a conditional use shall have the burden of establishing both:

(a) That his application falls within the provision of this chapter which accords to the applicant the right to seek a conditional use; and

(b) That allowance of the conditional use will not be contrary to the public interest.

(2) In determining whether the allowance of a conditional use is contrary to the public interest, the Board shall consider whether the application, if granted, will:

(a) Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, natural features of the land, neighborhood property values and neighborhood aesthetic characteristics.

(b) Be in accordance with the Lower Merion Township Comprehensive Plan.

(c) Provide the required parking required under Article XX or as otherwise provided for in other applicable provisions of this chapter.

(d) Adversely affect the logical, efficient and economical extension or provision of public services and facilities such as public water, sewers, refuse collection, police and fire protection and public schools.

(e) Otherwise adversely affect the public health, safety, morals or welfare.

(3) In all cases, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that the applicant has satisfied the criteria set forth in Paragraph (1)(a) of this subsection. In any case where the Board requests that the applicant produce evidence relating to the criteria set forth in Paragraph (2) of this subsection or where any other party opposing the application shall claim that an allowance of the application will have any of the effects listed in Paragraph (2) of this subsection, the applicant's burden of proof shall include the burden of persuading the Board by credible evidence that allowance of a conditional use will not be contrary to the public interest with respect to the criteria so placed in issue.

 

Section 6. The Code of the Township of Lower Merion, Chapter 155, entitled Zoning, Article XXVI, Open Space Preservation District, § 155-147, Preservation Area Requirements, subsection B, shall be amended by the addition of a new subparagraph (5)(d), to provide as follows:

B. Land designated as preservation area shall conform to the following:

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(5) Preservation areas may be used for the following:

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(d) Class I and Class II Historic Resources, but not in excess of twenty percent (20%) of the required Preservation Area, and subject to such requirements as the Township shall determine necessary to preserve and maintain the historic resource, including the removal of the area occupied by the historic resource from the common access requirements of this Article.

 

[ Back to Top | Article I | Article II | Property Inventory ]

 

Section 7. The Code of the Township of Lower Merion, Chapter 155, thereof, entitled Zoning, shall be amended by the addition of a new Article XXVIIA, Historic Resource Overlay District, to provide as follows:

ARTICLE XXVIIA – HISTORIC RESOURCE OVERLAY DISTRICT

§ 155-149 Legislative intent.

It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural, archeological, educational, and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Lower Merion Township. To that end, a separate zoning district is hereby created to overlay all other zoning districts in the Township. The provisions of this Article, coupled with the provisions of Chapter 88, are intended:

A. To promote the general welfare by protecting the integrity of the historic resources of Lower Merion Township.

B. To establish a clear and public 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.

F. To promote retention of historical integrity in the context of proposed land use and/or structural changes.

G. To identify historic resources in the community and to create an Historic Resource Inventory, to the end that the portion of such resources available to public view might be preserved.

§ 155-150. Applicability – Historic Resource Inventory.

The provisions of this Article shall apply to all Class I and Class II Historic Resources approved by the Board of Commissioners and identified on the Historic Resource Inventory appended to the Lower Merion Township Code as Chapter A180. The properties identified on the Historic Resource Inventory shall constitute an overlay to the Township Zoning Map. The receipt by the Township of written notification from the designating organization that the Resource no longer meets its criteria shall be treated as a proposal for the removal of that Resource from the Historic Resource Inventory.

§ 155-151. Permitted uses.

The following uses and no other shall be permitted in the Historic Resource Overlay District:

A. Any use permitted in the underlying zoning district in which the property is located.

B. Uses permitted on properties designated as a Class I Historic Resource:

(1) Provided the guarantee referenced in §155-153.B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the Historic Resource, which property obtains access from any street, may, in addition to the uses permitted in subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from either the Board of Historical Architectural Review or the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners:

(a) Bed and breakfast, subject to the following conditions:

(i) Dwellings with a gross habitable floor area of less than two thousand five-hundred (2500) square feet are not eligible for this use.

(ii) A maximum of five (5) guest suites shall be permitted in any one bed and breakfast establishment, with a maximum of fifteen (15) guests.

(iii) There shall be no kitchen or cooking facilities in any guest suite.

(iv) The use of any amenities provided by the establishment, such as swimming pool or tennis courts, shall be restricted in use to guests staying at the establishment.

(v) Off-street parking spaces shall be provided at a rate of one space per guest suite plus the regularly required parking for any other permitted use.

(b) Cultural studio, subject to the following conditions if located in a residential zoning district:

(i) The use shall be limited to one class at a time with not more than ten (10) students in the class, and not more than two (2) instructors.

(ii) The property owner, or the manager or lessor of the studio, must reside on the premises.

(c) Gallery, museum, antique or gift shop, subject to the following conditions if located in a residential zoning district:

(i) The area devoted to the use shall be limited to three thousand (3000) square feet.

(ii) The property owner, or the manager or lessor of the facility, must reside on the premises.

(d) Historic Resource Home Occupation, with the provision that one additional off-street parking space is required when the Home Occupation includes one or more employees.

(e) Accessory Apartment. This use may also be conducted in a structure accessory to the principal dwelling on the property provided the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory.

(f) [Added 7-16-2003 by Ord. No. 3683] A Class I building in a residential zoning district presently being put to a non-conforming, non-residential use may be converted to a multi-family use, provided each dwelling unit shall have no fewer than 1250 square feet of occupied area.

(i) The area within the perimeter of the building measured at grade level may be expanded by up to 25% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 250 feet.

(ii) The area within the perimeter of the building measured at grade level may be expanded by up to 50% in conjunction with a conversion to a multi-family use, provided there exists between the multi-family use and the nearest adjacent permitted use at least 500 feet.

(2) Provided the guarantee referenced in §155-153.B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the Historic Resource, which obtains access from a primary, secondary or tertiary street, and which is not located in a Local Historic District may, in addition to the uses permitted in subsection A above, be used for any one of the uses permitted in subsection B(1) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where the facility is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises.

(a) Professional office, limited to one (1) employee per five-hundred (500) square feet of gross habitable floor area devoted to professional office use.

(b) Artist studio or crafts workshop employing not more than three (3) persons. Such crafts shall include model making, rug weaving, lapidary work, furniture making and similar crafts.

(c) Academic or technological research facility, not including a biological, medical, or chemical laboratory with a limit of one employee per five-hundred (500) square feet of gross habitable floor area devoted to the facility use.

(d) Food preparation or catering facility not involving food consumption, employing not more than three (3) persons on the premises.

(3) Provided the guarantee referenced in §155-153.B(4) has first been submitted and approved, a property upon which a Class I Historic Resource is situated, excluding buildings and structures which do not contribute to the Historic Resource, which obtains access from a primary or secondary street, and which is not located in a Local Historic District, may in addition to the uses permitted in subsection A above be used for any one of the uses permitted in subsection B.(1) or B.(2) above or any one of the following, subject to obtaining a recommendation from the Historical Commission and obtaining conditional use approval from the Board of Commissioners. Where a facility permitted by (a) (b) or (c) below is located in a residential zoning district, the property owner, or the manager or lessor of the facility, must reside on the premises.

(a) Personal service shop, including tailor, barber, beauty salon, dressmaking, or similar shop, but not including dry cleaning or laundromat, with a limit of one (1) employee per five-hundred (500) square feet of gross habitable floor area devoted to the service shop use..

(b) 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 (1 ) employee per five-hundred (500) square feet of gross habitable floor area devoted to the repair service use.

(c) Artist studio or crafts workshop producing objects which may be sold at retail on the premises, employing not more than three (3) persons with a total of not more than twenty-four (24) retail visits per day. Such crafts shall include model making, rug weaving, lapidary work, furniture making and similar crafts.

(d) Convalescent home, personal care facility, or home for the aged, on a parcel having a gross lot area of at least three (3) acres. The requirements of §155-141.3 shall apply.

C. Uses permitted on properties designated as a Class II Historic Resource:

(1) Provided the guarantee referenced in §155-153.B(4) has first been submitted and approved, a property upon which a Class II Historic Resource is situated, excluding buildings and structures which do not contribute to the Historic Resource, which property obtains access from any street, may , in addition to the uses permitted in subsection A above, be used for any one of the following uses, subject to obtaining a recommendation from the Historical Commission, pursuant to Chapter 88, and obtaining conditional use approval from the Board of Commissioners:

(a) Historic Resource Home Occupation, provided

(i) that one additional off-street parking space is required when the home occupation includes one or more employees.

(ii) that in R AA, R A, R 1, R 2, R 3, R 4, R 5, R 6 and R 6A Residence Districts, no historic resource home occupation shall be located within 300 feet of any other home occupation (except non-traffic home occupations), measured by the shortest distance between the lot on which the proposed use will be located and the lot or lots which contain the existing use. The requirement of this subparagraph shall not be imposed if the applicant establishes, upon application to the Board of Commissioners for a conditional use, either that the proposed use is located in a neighborhood which is not primarily residential in character or that the proposed use will not have a substantial tendency to commercialize the neighborhood.

(b) Accessory Apartment. This use may also be conducted in a structure accessory to the principal dwelling on the property provided the accessory structure is determined by the Board of Commissioners to be a contributing resource and is identified as such on the Historic Resource Inventory.

D. For all uses permitted in §155-151.B, and C which are located in a residential zoning district the following regulations shall apply:

(1) To the extent that they are visible from neighboring properties, new off-street parking areas for guests, students, employees, patients, or clients shall be completely screened by plant material, or a combination of plant material, fencing or berms, to a height of at least five (5) feet.

(2) There shall be no use of show windows or display or advertising visible outside the premises, other than a single, non-illuminated sign not exceeding 2 square feet.

(3) The hours of operation for the uses listed in §155-151.B(1)(b) and (c), (2) and (3)(a) and (b) shall be limited to no more than twelve hours between the hours of 7 A.M. to 9 P.M.

(4) No use shall be permitted which generates noise perceptible at the property line.

(5) Site lighting shall be designed to screen the source of illumination and glare from adjacent properties.

(6) Special events which will generate an unusual volume of traffic beyond that normally generated by a permitted use on a daily basis, such as fund raising events, recitals, stage performances, lectures and exhibitions, are prohibited unless specifically allowed by conditional use, in which case the applicant shall have the burden of proving that the public interest will be protected considering the criteria set forth at §155-114C.

(7) No square footage added to a property after January 1, 2000 may be used in the calculation of gross habitable floor area for purposes of this section.

E. Where a proposed use is permitted by this section and is also permitted in the underlying district by special exception, conditional use application to the Board of Commissioners shall be made in accordance with this section in lieu of a special exception application to the Zoning Hearing Board.

§ 155-152. Bulk, Area, and Setback Requirements

Provided the guarantee referenced in §155-153.B(4) has first been submitted and approved, the requirements applicable to the underlying zoning district relating to building area, impervious surfaces, and front, side and rear yard setbacks, may be reduced by up to 15% with respect to Class I and Class II Historic Resources, subject to obtaining a recommendation from either the Historical Commission or the Board of Historical Architectural Review, pursuant to Chapter 88, and to obtaining conditional use approval from the Board of Commissioners. These modifications shall apply to the area of the lot as it existed on March 15, 2000. [Amended 7-17-2003 Ord. 3684]

A. Where the requirements are modified pursuant to this section, the applicant must demonstrate to the satisfaction of the Board of Commissioners that the degree of relief is required to accommodate the reasonable development, use or enhancement of the historic resource. [Amended 7-17-2003 Ord. 3684]

B. The additional building area and impervious surface coverages permitted by this section may each not exceed 50% of the building area of the Historic Resource(s) subjected to the § 155-153B(4) guarantee. [Amended 7-17-2003 Ord. 3684]

C. Where the requested relief is determined by the Board of Commissioners to be essential to the preservation of the Historic Resource because without such relief it would not be physically or economically feasible to maintain the historic resource, the Board of Commissioners may, by conditional use, modify such requirements to a greater degree than permitted by this section to protect the Historic Resource. [Amended 7-17-2003 Ord. 3684]

§ 155-153. Specific Requirements for Conditional Use Approval

A. Application Procedures for Conditional Use Approval.

(1) Where the Historic Resource is located in a Local Historic District, the work of the Historical Commission under this subsection shall be performed by the Board of Historical Architectural Review.

(2) An applicant seeking conditional use approval under the provisions of this Article shall submit the appropriate application to the Director of Planning and Community Development in accordance with the provisions of Section 155-141.2. The information to be provided shall include the following:

(a) name and address of the record owner and applicant (if different);

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

(c) recent photographs of the historic resource;

(d) a detailed narrative description of the proposed use(s);

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

(f) any proposed modifications to otherwise applicable area, bulk and parking regulations.

(3) The application shall be accompanied by an Historic Resource Impact Study where any land development or subdivision is proposed on:

(a) any property that contains any Class I or Class II Historic Resource(s);

(b) any contributing property within the boundaries of any National Register Historic District, or any Local Historic District, or any Historic Neighborhood.

(4) The Director of Planning and Community Development shall forward the complete application to either the Board of Historical Architectural Review or the Historical Commission and the Planning Commission in accordance with Section 155-141.2. The Historical Commission (or the Board of Historical Architectural Review), at a regular or special meeting, shall review the application for conditional use and shall promptly forward its recommendations to the Director of Planning and Community Development for distribution to the Building and Planning Committee of the Board of Commissioners. In formulating its recommendations, the Historical Commission (or the Board of Historical Architectural Review) shall consider each of the criteria imposed by this section for the grant of conditional use approval.

(5) The Building and Planning Committee and the Board of Commissioners shall act upon the application in accordance with the provisions of Section 155-141.2. The Building and Planning Committee may refer the application to a Hearing Officer to conduct any hearings and make recommendations to the Committee.

(6) Any Conditional Use granted under this subsection shall expire unless a building permit to perform the work for which the Conditional Use was sought, or an occupancy permit to allow such use, is issued within one year after the same shall have been granted.

B. Criteria for the grant of Conditional Use Approval. Where a use is permitted in an Historic Resource Overlay District by conditional use, that use shall not be granted unless the following requirements have been satisfied in addition to those set forth at Section 155-141.2:

(1) The Applicant shall have the burden of demonstrating that approval of the application will not jeopardize the preservation of the Historic Resource(s) contained on the property subject to application. To sustain this burden the Applicant shall present evidence demonstrating the following:

(a) The exact location of the area in which the work is to be done.

(b) The exterior changes to be made or the exterior character of the structure to be erected.

(c) A list of the surrounding structures with their general exterior characteristics.

(d) The effect of the proposed change upon the general historic and architectural nature of the property.

(e) The appropriateness of exterior architectural features of structures involved with the proposed work.

(f) The general design, arrangement, texture, material, scale, mass and color of any affected building, structure, or site and the relation of such factors to similar features of other structures on the property.

(g) That rehabilitation work will not destroy the distinguishing qualities or character of the Historic Resource and its environment.

(h) In the event that replacement of contributing architectural features is necessary, the new material should, as closely as possible, match the material being replaced in kind. At a minimum, the composition, design, color, texture and other aesthetic qualities shall be sympathetic to and in character with the Historic Resource. In instances where original materials are either unavailable or their use economically infeasible, the Board may approve the use of materials which are aesthetically consistent with, even if not completely duplicative of, the character of the Historic Resource.

(i) Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.

(j) Changes which may have taken place in the course of time are evidence of the history and development of the building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

(k) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.

(2) The most current version of the Secretary of the Interior's Standards for Rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the rehabilitation, alteration, or enlargement of Historic Resource(s).

(3) Where plans involving the rehabilitation, alteration, or enlargement of Historic Resource(s) will result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety, in a manner not jeopardizing historical integrity, as per the most current construction techniques for historic structures.

(4) A means to guarantee the permanent protection of the historical integrity of the subject resource(s), such as the establishment of conservation easement(s) or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.

(5) The Applicant shall have the burden of proving that the historical integrity of the Resource has been provided for through the design of the building improvements as well as through implementation of buffering, landscaping, lighting, storage, access and traffic management, interior circulation, loading, parking, fencing, signage and all other land development features.

(6) The Applicant shall have the burden of proving that the grant of the application will not be destructive of the integrity of the Historic Resource or detrimentally affect the value of surrounding properties.

(7) The Applicant must comply with the parking requirements for the proposed use as set forth in this Article. The Board of Commissioners may prohibit any additional parking between the right of way and the façade of the building if the Board finds such parking would negatively impact the historical integrity of the resource. The Board of Commissioners may grant a waiver of the current construction of such parking facilities, holding such construction in reserve pursuant to the conditions set forth in Section 155-95.G(1) hereof.

(8) The Applicant must comply with the requirements of this Chapter with respect to signage. The Board of Commissioners may condition approval on a reduction in the size of the signage if it finds that the permitted signage will obstruct views required to assure the safety of the public or to retain the historic nature of the property.

(9) The Board of Commissioners may attach conditions to achieve the objectives set forth in this section and to promote the public health, safety and welfare, which conditions may relate to any aspect of the proposed use of the property, including but not limited to buffering, parking, signage, traffic volume and flow, hours of operation, noise and odor emission.

(10) Where the Board of Commissioners waives any requirement which thereby increases the rate or volume of stormwater generated on the property, the additional rate and/or volume of runoff caused by such waiver shall be controlled for the 100 year storm.

§155-153.1. Historic Resource Impact Study

A. The Historic Resource Impact Study shall be prepared by a qualified land planner with professional expertise in historic preservation, historical architecture, or related disciplines as provided for in 36 C.F.R. 61.

B. Contents. The Study shall contain the following information unless the Director of Planning and Community Development determines them to be not pertinent to the application.

(1) Background Information

(a) If not otherwise provided by the applicant, a site plan, including existing structures, topography, watercourses, vegetation, landscaping, existing drives, etc.

(b) General description and classification of all Historic Resources located on the subject tract as shown on the site plan, or on tracts immediately adjacent to the subject tract.

(c) Statement of the significance of each Class I or II Historic Resource, both relative to the Township and region in general.

(d) Sufficient number of black and white 8" x 10" photographs to show every Historic Resource identified in (b), above, in it’s setting.

(e) Narrative description of the historical development of the subject tract.

(2) Proposed Change

(a) General description and site plan of the project, including time table or phases.

(b) Description of impact on each Class I or II Historic Resource identified in §155-153.A(2)., with regard to architectural integrity, historic setting, and future use.

(c) General description of effect of noise and traffic and other impacts generated by the proposed change on any Class I or II Historic Resource identified in §155-153.A(2).

(3) Mitigation Measures. Recommendations for mitigating the project's impact on Class I or II Historic Resources, including design alternatives, buffering, landscaping, conservation of existing vegetation, and any other appropriate measures permitted under the terms of the Township Code.

 

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Section 8. The Code of the Township of Lower Merion, Chapter 62, Building Construction, Section 62-2. Deletions, additions and insertions, shall be amended to provided as follows:

§ 62-2. Deletions, additions and insertions.

Changes from the International Building Code, to the Building Code of the Township of Lower Merion are as follows: [Amended by Ord. 3714]

* * * * * * * *

D. 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 for a building, structure or site listed on the Historic Resource Inventory, Chapter A180. Where the historic resource is located in a local historic district, the work of the Historical Commission under this section shall be performed by the Historic Architectural Review Board (HARB). Terms set forth herein shall be as defined in Chapter 88 and Chapter 155.

1. Applicability of special requirements.

(a) No Class I or Class II historic resource on the Historic Resource Inventory, Chapter A180 of the Lower Merion Township Code, may be demolished, in whole or in part, whether deliberately or by neglect, including the removal, stripping, concealing or destruction of any significant exterior architectural features, for whatever purpose, including new construction or reconstruction, unless a building permit therefor is obtained from the Director of Building and Planning in accordance with the procedures and requirements of this section and Chapter 88 and Chapter 155 of the Lower Merion Township Code.

(b) Special requirements shall extend to demolition by neglect, which shall be defined as the failure to provide ordinary and necessary maintenance and repair to a building or structure located in an historic neighborhood, or to an historic resource, except for ruins existing at the time of adoption of this section, whether by ordinary negligence or willful neglect, purpose or design, by the owner or any party in possession thereof, which results in any of the following conditions:

(i) The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.

(ii) The deterioration of exterior walls, roofs, chimneys or windows; the lack of adequate waterproofing; or deterioration of interior features or foundations which will or could result in permanent damage or loss of exterior features.

(iii) Demolition by neglect includes having a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety as per the most current construction techniques for historic structures.

(c) These provisions shall not be construed to prevent the ordinary maintenance or repair of any historic building, structure or site where such work does not otherwise 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 or site and to restore the same to its condition prior to the occurrence of such deterioration, decay or damage.

2. Procedure for obtaining building permit.

(a) The applicant shall submit one copy of an application for a building permit to the Director of Building and Planning in a form acceptable to the Township. If the Director of Building and Planning determines that the permit request is for the demolition of a building, structure or site on the Historic Resource Inventory, Chapter A180 of the Lower Merion 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.

(iv) Reasons for the demolition.

(v) Proposed method of demolition.

(vi) Intended future use of the site and of the materials from the demolished resource.

(vii) Historic resource impact study, as provided in § 155-153.1, unless the Director of Building and Planning determines all or a portion thereof not to be pertinent to the application.

(viii) Where applicable, plans showing any proposed new construction or reconstruction.

(c) Acceptance for filing. Where the Director of Building and Planning has determined that the permit request is for the demolition of a building, structure or site on the Historic Resource Inventory, Chapter A180 hereof, he shall have seven days from the date of submission of the application to check the plans and documents to determine if on their face they are in proper form and contain all information required by this chapter. If defective, the application may be returned to the applicant within the seven-day period, with a statement of rejection; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of an deficiencies or irregularities. The applicant may appeal a decision by the Director of Building and Planning under this section to the Board of Commissioners. [Amended 11-3-2005 Ord. 3760]

3. The applicant or the Director of Building and Planning shall, within 10 days from the filing of a complete application, 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 state whether the applicant intends to remove or substantially alter the resource or to construct a structure which may diminish the nature, extent or visual impact of the resource. 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 Director of Building and Planning to require immediate action to protect the health or safety of the public. [Amended 11-3-2005 Ord. 3760]

4. Review by Historical Commission. Within 45 days of receipt of a complete application from the Director of Building and Planning, 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:

(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.

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

(h) Whether the proposal for demolition or construction, complies with the most current version of the Secretary of the Interior’s “Standards for the Treatment of Historic Properties and Guidelines for Preserving, Rehabilitating & Reconstructing Historic Buildings”. [Amended 11-3-2005 Ord. 3760]

5. Where the Historical Commission determines that additional information is needed from the applicant in order to adequately address the issues enumerated in Section 110.5.2.4. above, request for such information shall be made, in writing, to the applicant prior to the expiration of the initial thirty-day review period.

6. Historical Commission recommendation. Within 30 days following conclusion of the meeting and the receipt of additional requested information, the Historical Commission shall set forth its recommendations in a written report to the Board of Commissioners.

(a) Immediate approval. After reviewing the building permit application with attachments, the Commission may recommend:

(i) Approval of the permit, as provided under Section 110.5.3 below; or

(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 110.5.4.2 below.

(b) Delay of demolition. Alternatively, the Commission may recommend delay of demolition in accordance with Section 110.5.4. below.

7. Approval of building permit or delay of demolition by the Board of Commissioners.

(a) 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 its decision, affording a delay of demolition for up to 90 days as set forth in Section 110.5.4. 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 five days after making its decision, the Board shall provide written communication of its decision to the applicant, the Historical Commission, and the Director of Building and Planning.

(b) Issuance of building permit. Where the Board acts to approve the application, it shall authorize the Director of Building and Planning to issue the permit. Where the approval is granted with conditions attached, the Director of Building and Planning shall be authorized to issue the permit subject to those conditions.

8. Delay of demolition.

(a) 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 a Class I or Class II Historical Resource; to allow for appropriate documentation of the resource as set forth below; and/or for preparation of a financial analysis, as set forth below for Class I only. The Historical Commission or the Board of Historical Architectural Review 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 (additional uses, etc.).

(b) Documentation of historic resources. When ordering the delay of demolition, the Board of Commissioners may require the applicant 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 necessary, the delay shall continue past the stipulated 90 days until the applicant has sufficiently satisfied the documentation requirements.

(c) For Class II resources, 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. The Board of Commissioners shall approve the application for demolition of Class II resource(s) in accordance with Section 110.5.3 above, within the applicable one-hundred-five-day review period, whether it receives a recommendation from the Historical Commission or not.

(d) Special provisions for Class I resources.

(i) In cases where the applicant specifically alleges that demolition is necessary due to undue economic hardship or the lack of a reasonable economic alternative, the Board of Commissioners may, during the period of delay, request that the applicant prepare and submit a financial analysis to the Board. Where required, such financial analysis should include the following information, as applicable and available:

(i.i) Amount paid for the property.

(i.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.

(i.iii) Assessed value of the land and improvements thereon according to the most recent assessment.

(i.iv) A pro forma financial statement prepared by an accountant or broker of record.

(i.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.

(i.vi) Bona fide offers to sell or rent the property, the price asked and offers received, if any.

(i.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.

(i.viii) Where relevant, written estimates of the cost(s) of restoration and/or renovation from at least two professional restoration contractors.

(ii) Historical Commission recommendation. 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 undue economic hardship or the lack of a reasonable alternative, recommend denial of the permit. 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.

(iii) Approval or denial of building permit for Class I resources after delay of demolition

(iii.i) At its next regular meeting after receiving the recommendation from the Historical Commission, or at a special meeting if necessary to comply with Section (iii.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 Section 110.5.3 above, or to deny the application as set forth below.

(iii.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.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.

Section 9. The Code of the Township of Lower Merion, Chapter 62, Building Construction, Section 62-2. Deletions, additions and insertions, shall be amended to provided as follows: [Amended by Ord. 3714, incorporated into Section 8 above]

§ 62-2. Deletions, additions and insertions.

Changes from the BOCA National Building Code, 1996, Thirteenth Edition, to the Building Code of the Township of Lower Merion are as follows:

* * * * * * * *

S. Section 116.6 shall be added, to provide as follows:

116.6 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 A180 of the Lower Merion Township Code, in violation of the provisions of Section 110.5, or in violation of any conditions or requirements specified in a permit issued under Section 110.5, 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 62 of the Lower Merion Township Code, or any other applicable law.

 

Section 10. The Code of the Township of Lower Merion shall be amended by the Addition of a new Chapter A180, entitled Historic Resource Inventory, to provide as follows:

HISTORIC RESOURCE INVENTORY

The buildings, structures and sites identified and/or located on the properties set forth below, as more fully described in the Township’s Historic Resource Database and any Pennsylvania Historic Resource Form associated with such properties, shall comprise the Historic Resource Inventory of Lower Merion Township:

List of Properties

 

Section 11. Nothing in this Ordinance or in Chapters 62, 88, 135 or 155 of the Code of the Township of Lower Merion, as hereby amended, shall be construed to affect any suit or proceedings in any Court, any rights acquired or liability incurred, any permit issued, or any cause or causes of action existing under the said Chapters 62, 88, 135 or 155 prior to the adoption of this amendment.

 

Section 12. The provisions of this Ordinance are severable, and if any section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such decision of this court shall not affect or impair the remaining sections, sentences, clauses, parts or provisions of this ordinance. It is hereby declared to be the intent of the Board that this ordinance would have been adopted if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.

 

Section 13. This Ordinance shall take affect and be in force from and after its approval as required by law.

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