A. No Class I or Class II historic resource may be demolished unless approved as a conditional use by the Board of Supervisors in accordance with the procedures and requirements of this section, as applicable.

B. The Board of Supervisors shall consider and act on any application for conditional use in accordance with the applicable procedures contained in Article XX: Special Exception and Conditional Use Standards of this chapter.

(1) In addition to any other applicable requirements of this chapter and other ordinances of the Township, an applicant seeking conditional use approval to demolish an historic resource shall provide a written report as part of the application. Such report shall contain, but not be restricted to, the following (except where the Historical Commission, upon a written request from the applicant, determines that an item does not need to be included with the application):

(a) Owner of record;
(b) Classification of resource on the Historic Properties Map; if more than one structure is located on the property, the specific structure proposed for demolition;
(c) General description and significance (in terms of the criteria used for listing a resource in the National Register of Historic Places) of the resource proposed for demolition;
(d) Site plan showing all buildings and structures on the property;
(e) Recent interior and exterior photographs of the structure proposed for demolition, showing all major facades and notable interior features;
(f) Reasons for the demolition;
(g) A report from a structural engineer describing the structural condition of the structure proposed to be demolished;
(h) Proposed disposition of materials;
(i) Time line for implementation of proposed use of the property following demolition;
(j) Ownership history and dates of ownership of the historic resource;
(k) Assessed value of the land and improvements thereon;
(l) Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other;
(m) Documentation of all efforts to sell the historic property in the preceding three years;
(n) Purchase price.

(2) In addition to the information required in Subsection (1), above, the applicant is encouraged to submit a certified property appraisal.
(3) Unless the Historical Commission determines, upon a written request from the applicant, that an item required below does not need to be included with the application, the applicant shall provide written documentation of an analysis of the following factors which shows, by a preponderance of the evidence, that:

(a) The demolition of the historic resource in question will not adversely affect the historic significance or architectural integrity of neighboring historic properties or the historic character of the neighborhood or community;
(b) If the demolition will not result in the complete removal of the historic resource, it will minimize adverse effects on the architectural and structural integrity and the overall historic appearance of the resulting structure.
(c) It is not feasible to continue the current use;
(d) Other uses permitted within the underlying zoning district, whether permitted as of right, by special exception, or by conditional use, have been denied or are not feasible due to constraints on the historic resource proposed to be demolished;
(e) Adaptive use opportunities do not exist due to constraints related to the historic resource proposed to be demolished or the property on which it is located;
(f) The proposed new use of the property, including any new building or structure, will not adversely affect the historic character or architectural integrity of neighboring historic properties, the neighborhood, or the community;
(g) The permitted uses and adaptive use potential of the historic resource proposed to be demolished do not provide a reasonable rate of return based on a reasonable initial investment; and

(h) The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration, or similar physical action.

(1) Upon receipt of an application for conditional use approval for demolition, the Zoning Officer shall review said application pursuant to the requirements of this section to determine whether it is complete.
(2) Within five days of receipt of a complete application, the Zoning Officer shall forward the application, together with documents and specifications filed by the applicant, to the Historical Commission for its review and comment.
(3) The Zoning Officer shall, as necessary, require applicants to submit a sufficient number of additional copies of materials required to be attached to a completed conditional use application for demolition.
 

D. Historical Commission review of applications. The completed conditional use application for demolition under the terms of this article must be received by the Historical Commission at least five days before the Commission considers such at its next regularly scheduled meeting.

E. Notification to applicant of Historical Commission review. Upon forwarding the completed application to the Historical Commission for its review and recommendation, the Zoning Officer shall mail a written notice to the applicant, stating the time and place of the Historical Commission's meeting at which the conditional use application for demolition will be considered.

F. Criteria for deliberation.

(1) In determining the recommendations to be presented to the Board of Supervisors concerning the conditional use application for demolition of any Class I or Class II historic resource, the Historical Commission shall:

(a) Consider the historical, architectural, or archaeological significance of the historic resource to the Township, county, state, or nation.
(b) Weigh all relevant factors in favor of or against the demolition pursuant to and congruent with the objectives of this article.
(c) Take into account:

[1] The effect of demolition on the historical and architectural significance and architectural integrity of neighboring historic resources.
[2] The economic feasibility of adaptively reusing the resource proposed for demolition.
[3] Alternatives to demolition of the resource.
[4] Potential public safety issues posed by the current condition of the resource.

(d) Consider such other factors as the Commission may deem appropriate and necessary in reaching its decision.

(2) In the course of its deliberation, the Historical Commission may request additional information from the applicant or others where such information is deemed necessary by the Commission in reaching its decision.
 

G. Time frame for Historical Commission recommendation. Following the Historical Commission's vote to recommend approval or denial of any application for demolition of an historic resource, the Commission shall forward a written recommendation report to the Board of Supervisors and to the Zoning Officer not less than 10 days before the date of the public conditional use hearing at which the application will be considered by the Board of Supervisors.

H. Recommended disapproval of application by the Historical Commission. If the Historical Commission advises against the granting of conditional use approval for demolition, it may, as it deems appropriate, indicate to the Board of Supervisors and the applicant an alternative(s) to the proposed demolition which would protect:

(1) The distinctive historical character of the historic resource; and
(2) The architectural or archaeological integrity of the historic resource.
 

(1) The written report to the Board of Supervisors concerning the Historical Commission's recommendations on the conditional use application for demolition shall set out findings of fact, which shall include but need not be limited to the following matters:

(a) The exact location of the historic resource that is proposed for demolition.
(b) A list of other historic resources on the property and within 300 feet of any boundary of the subject property.
(c) The anticipated effect of the proposed demolition upon the general historic, archaeological, and architectural character, including the cultural landscape, of Schuylkill Township.
(d) Recommendations by the Historical Commission as to the Board of Supervisors' decision on the conditional use application for demolition.

(2) A member of the Historical Commission shall appear on behalf of the Township at the hearing to present the report.
 

J. Notification to applicant. The Zoning Officer shall provide the applicant a copy of the written report from the Historical Commission, as provided for in this section.

K. Decision by the Board of Supervisors. The Board of Supervisors shall conduct a public hearing on the application for conditional use approval in accordance with the applicable terms of Article XX: Special Exception and Conditional Use Standards of this chapter. The Board shall give consideration to the recommendations of the Historical Commission and the Township Planning Commission in reaching its decision. The decision shall be communicated to the applicant in accordance with the terms of Article XXIV: Administration of this chapter. Where the application is approved, including the imposition of reasonable conditions as deemed necessary by the Board, the Zoning Officer shall be authorized to issue a demolition permit consistent with the terms of the decision.

L. Required restoration of unauthorized demolition.

(1) In the event the Board of Supervisors authorizes the commencement of an action pursuant to § 370-64B of this article, the Zoning Officer shall not issue any building permit for the construction of any building or structure proposed to be located in any location on the property which would preclude reconstruction or restoration of the historic resource altered or demolished in violation of this article or intended to replace such historic resource, unless issued for the purpose of restoring the historic resource to its condition and appearance as existed immediately prior to the violation.
(2) Except as provided in Subsection L(1) above, the Zoning Officer shall not issue any building permit for a minimum of one year for a property which, at the date of enactment of this article, was occupied by a Class I or Class II historic resource which subsequently was demolished in violation of the terms of this article.