Historic Preservation

Found this on The Save Ardmore Blog...

PA Township News MARCH 2008:Historic Preservation: Preserving Pennsylvania's History/Townships Must Consider Historic Resources When Planning for The Future

Land use and open space planning are hot topics in many townships these days. In fact, developers often run up against a community’s desire to preserve its green spaces and rural character. It is less common to hear that citizens are resisting development because they fear a loss of historic resources. Yet, under Pennsylvania law, such as the Local Historic District Act of 1961 and the History Code of 1988, townships are authorized and, in some cases, required to consider the preservation of historic resources when planning future development......20th century.... Over the last 50 years, the definition of “historic resources” has expanded from sites and buildings associated with great men and events to a far broader,almost environmental approach. A variety of sites and structures that help us understand how our predecessors lived and worked may now be considered historic resources.

....The focus in the historic preservation movement has gradually shifted from the preservation of individual historic sites to the preservation of those features that provide each municipality with its unique character and identity,or “sense of place.” Consequently, historic preservation considerations should play a central role in any comprehensive plan that seeks to maintain the unique character of a community whilea ccommodating growth and change. ...The public interest in preserving historic resources and a sense of place is well-established in Pennsylvania law. The Local Historic District Act of 1961 authorized municipalities to “createand define, by ordinance, a historic district or districts within the geographic limit or limits of such political subdivision.” The 1971 Environmental Rights Amendment to the Pennsylvania Constitution provides that “The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment.” (emphasis added)With the enactment of the Pennsylvania History Code of 1988, the commonwealth sought to add “teeth” to the broad provisions of the Environmental Rights Amendment. Among its other provisions, the code charges the state and municipalities with preserving historic resources within their jurisdiction.....Townships are required by several state laws to provide for the preservation of historic areas and structures

....Virtually any historic site may be considered a potential archaeological site. In addition, Section 510 of the History Code requires townships to consult with the commission “on the design and proposed location of any project,building, or other undertaking financed in whole or in part by Commonwealth funds which may affect the preservation and development of a district, site, orbuilding listed on or eligible for the National Register of Historic Places.” This would include any road improvement projects that use PennDOT funding....Perhaps the most significant provi-sion of the History Code is Section 512,which provides legal standing to any “person or other legal entity” to “maintain an action in an administrative tribunal or court for the protection or preservation of any historic resource in this Commonwealth.” Because the term “historic resource” is not defined in the act and remains largely undefined by appellate case law, this provision would appear to give broad standing to almost anyone who wishes to sue to protect something that he or she considers a“historic resource.”....