Local Historic Districts
(Act 167 Historic District Ordinance)
Adoption of a Local Historic District through an Act 167 historic district ordinance is the most important tool for protection of clusters of historic resources in a municipality. It essentially allows for the creation of a district that, after certification by PHMC, provides local review of changes in the district. It places another layer of regulations upon the base zoning of the district whether it is commercial, residential, or industrial. The district need not be on the National Register. Act 167 (1961 P.L. 282) authorizes the local government to:
- Delineate an historic district
- Establish an Historical and Architectural Review Board (HARB) which is advisory to the municipal governing officials
- Determine guidelines to regulate physical changes within the district
- Create a review process leading to granting or not granting a Certificate of Appropriateness for changes within the district
Many misconceptions exist about an Act 167 district. It is true that the design guidelines could place limits on many homeowners’ exterior alterations. However, the guidelines should reflect community values relative to the district and can be created to be as strict or as lenient as desired. In some cases, they may only affect new construction or any additions (not alterations) made to existing buildings within the district. Some municipalities’ districts may regulate all changes. Examples of elements that can be regulated by design guidelines are height, bulk, roof line, proportions, façade openings, compatibility with architectural detail, building materials, color, fences, walls, and exterior lighting. It is strongly advised that residents of the proposed district be included in the planning process very early to elicit their cooperation. The steps for establishing an historic district ordinance and examples of model historic district ordinances prepared by PHMC are available at the Delaware County Planning Department. A booklet on historic district designation is available online through PHMC’s website.
Advantages:
- A prescribed process is mandated by the Act.
- The guidelines are customized to the locality.
- It is the most effective way in which to preserve the character as well as the buildings.
Disadvantages:
- Residents of the district must be involved from the very beginning of the decision-making process to create a district which is acceptable to all, which often means a lengthy process.
- HARB members must be knowledgeable about architectural styles and interpretation of the guidelines, or enforcement becomes inconsistent.
- A community must have a local district approved by the governing body, which may become an obstacle.