TOWNSHIP OF FORKS NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO.

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1 TOWNSHIP OF FORKS NORTHAMPTON COUNTY, PENNSYLVANIA ORDINANCE NO. AN ORDINANCE: AMENDING CHAPTER 200 ZONING OF THE CODE OF FORKS TOWNSHIP ADDING A NEW ARTICLE IVA SETTING FORTH HISTORIC RESOURCE AND ADAPTIVE USE REGULATIONS, ADDING DEFINITIONS RELATED TO THE NEW ARTICLE IVA; FURTHERING THE PURPOSES OF (1) ENCOURAGING THE PRESERVATION OF HISTORIC BUILDINGS AND STRUCTURES, (2) MITIGATING NEGATIVE EFFECTS OF PROPOSED CHANGES TO HISTORIC RESOURCES, (3) ENCOURAGING THE CONTINUED USE OF HISTORIC RESOURCES AND FACILITATION OF THEIR APPROPRIATE REUSE, (4) TAILORING PROTECTIVE MEASURES TO THOSE DESIGNATED HISTORIC RESOURCES IN THE TOWNSHIP WORTHY OF PRESERVATION, (5) ENCOURAGING THE PRESERVATION OF HISTORIC SETTINGS, TREES AND LANDSCAPES AND (6) DISCOURAGING THE UNNECESSARY DEMOLITION OF HISTORIC RESOURCES; ESTABLISHING A ZONING OVERLAY DISTRICT FOR HISTORIC RESOURCES; AND CONTAINING PROVISIONS FOR ENFORCEMENT. NOW, THEREFORE, pursuant to the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 as reenacted and amended it is hereby ordained and enacted by the Forks Township Board of Supervisors as follows: Section 1. Establishment of Historical Resource and Adaptive Use Regulations. (a) Recognizing the importance of protecting important historical resources and regulating adaptive uses of said resources, there is hereby established a new Article IVA to Chapter 200 Zoning of the Code of Forks Township which shall provide as follows: Article IVA Historical Resource and Adaptive Use Regulations 200A-1 Purpose and Intent. The historic villages, farms, homesteads, bridges, schools, and other important structures of Forks Township contain valuable resources that reflect the historic development patterns of the Township. To protect these villages, farms, homesteads, bridges, schools and other important structures and the integrity of their architectural and historic resources, the Township has enacted the following regulations. These regulations are intended to establish a clear process by which proposed changes affecting historic resources are to be reviewed and approved

2 by the Township. The purpose of these regulations is to effectuate the following goals: A. Encourage the preservation of historic buildings and structures. B. Mitigate negative effects of proposed changes to historic resources. C. Encourage the continued use of historic resources and facilitation of their appropriate reuse. D. Tailor protective measures to those designated historic resources in the Township worthy of preservation. E. Encourage the preservation of historic settings, trees, and landscapes. F. Discourage the unnecessary demolition of historic resources. 200A-2 Classification and General Provisions A. The Township shall maintain an official list of Historic Resources prepared by the Heritage Conservancy entitled Forks Township Historic Resources Inventory (hereinafter referred to as the Historic Resources Inventory or Inventory ) and a map of the Historic Resources on that list. The Historic Resources Inventory and Map shall be approved and may be revised from time to time by the Board of Supervisors. B. Historic Resources shall be delineated into the following three (3) classes: (1) Class 1. All Resources ranked 1 by the Inventory. These Resources include: (a) All buildings, sites, structures, objects, and districts listed on the National Register of Historic Places or designated National Historic Landmarks, if any; and (b) Contributing resources, i.e., buildings, sites, structures, and objects filed as such with the 2

3 National Register of Historic Places, if any; and (c) Buildings, sites, structures, objects, and districts which have been determined to be eligible for the National Register of Historic Places. (2) Class 2. All Resources ranked 2 by the Inventory. These Resources include: Buildings, sites, structures, objects, and districts not meeting National Register criteria, but determined to be of high historical or architectural value to Forks Township and appropriately documented as such in the Inventory. (3) Class 3. All Resources ranked 3 by the Inventory. These Resources include: All other buildings, sites, structures, objects, and districts listed in the Inventory not meeting the criteria for a Class 1 or Class 2 Resource but still deserving of protection and preservation. C. For any Historic Resource listed on the Historic Resources Inventory and Map, the requirements of this Article shall be in addition to the otherwise applicable requirements of the underlying zoning district. Should the requirements of this Article or the Historic Resources Inventory and Map be revised, reversed, or rescinded as a result of legislative or administrative action on the part of the Commonwealth or judicial decision, the zoning requirements and other regulatory measures applicable to the properties in question shall be those of the underlying zoning district without consideration of this Article. D. Any use, change or demolition, as defined and listed in this Article, of or to a Historic Resource shall fully comply with the terms of this Article, Chapter 175 of the Code of Forks Township, and all other applicable regulations. E. This Article does not intend to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Article imposes greater restrictions, however, the provisions of this Article shall prevail. 3

4 200A-3 Adaptive Use and Historic Uses A. In addition to the uses permitted in the applicable zoning districts, a Class 1 or Class 2 Historic Resource shall be eligible for additional use opportunities ( Adaptive Use ) as described herein. These Adaptive Uses shall be in addition to any lawful use currently being made of the Historic Resource, subject to the applicable standards and procedures of Chapter 200 Zoning of the Code of the Township of Forks, other Township ordinances, and the requirements set forth below. These uses can also be established in outbuildings and structures associated with the Historic Resource and eligible for protection under this Article. The Adaptive Uses are as follows: B14 Residential Conversion C8 Library or Museum D2 Office E-5 Bed and Breakfast E-19 Retail Shop E-22 Specialty-Cultural/Shopping Facility B. The Adaptive Uses of a Historical Resource described above are allowed as a conditional use in all zoning districts. In addition to satisfying all the conditional use requirements of Chapter 200 Zoning, Article IX of the Code of the Township of Forks, the proposed Adaptive Use shall be subject to the following considerations: (1) A Historic Resource shall only be enlarged up to fifty percent (50%) from its size on the day this Article was adopted, as measured in square feet, to accommodate a proposed Adaptive Use. (2) Any expansion or renovation of a Historic Resource to accommodate an Adaptive Use shall be of the same style and period as the Historic Resource or a compatible modern equivalent. (3) The proposed Adaptive Use must be necessary for the preservation of the Historic Resource, and the applicant must show that the current use of the Historic Resource is no longer feasible or desirable. 4

5 (4) The proposed Adaptive Use must not have any detrimental effects on neighboring properties and must not alter the essential character of the neighborhood or district in which it is located. (5) The exterior of the Historic Resource shall not be altered in any way that distinguishes its current or proposed use from what is was originally built for (i.e., a single-family home must always look that way, and a tavern must look like one from the outside, even if it is used as an office). (6) An Adaptive Use may be established in a Class 3 Historic Resource so long as the owner of that Resource makes improvements to the Resource that result in the Resource moving up one rank in the Inventory (e.g. from 3 to 2). The owner shall employ a qualified Historic Preservation Consultant approved by the Township to evaluate the Historic Resource after the improvements are completed and shall recommend that the Board of Supervisors amend the Inventory to reflect this rehabilitation. (7) If a subdivision or land development is proposed for the site of one or more Class 1 or 2 Historic Resources, the lot lines of the proposed subdivision or land development shall be drawn to preserve the historic context of the site, including any associated structures, trees, and landscaping, with adequate setbacks. At its discretion, the Board of Supervisors may permit the reduction of lot sizes or setbacks of up to ten percent (10%) on other proposed lots within the same subdivision/land development to allow adequate site area and setbacks for the preservation of the historic character of the Historic Resource(s), without increasing the overall permitted density on the subdivision or land development. 200A-4 Standards for Additions, Alterations and Rehabilitation A. The standards of this section only apply to external changes to a Class 1, 2 or 3 Historic Resource that require the issuance of a building permit. Any application for a building permit for an addition, alteration or rehabilitation of a Historic Resource shall comply with all the provisions of this section. 5

6 B. Additions to a Historic Resource shall occur only on the rear or side facades of the building, where they will not alter the original architectural design or historic character of the Historic Resource. C. Design Standards. Any proposed external rehabilitation, alteration, addition to, or enlargement of a Historic Resource shall be in substantial compliance with the U.S. Secretary of Interior s Standards for Rehabilitation (36 CRF 67), as described below: (1) 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 historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. (7) Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. 6

7 (8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. 200A-5 Relocation A. Relocation shall be considered as the least favored alternative for the preservation of a Historic Resource, but preferable to demolition. Any application for relocation of a Historic Resource shall be submitted to the Board of Supervisors for evaluation and decision. The applicant shall present sufficient evidence at the public meeting to meet the following standards and requirements: (1) The proposed relocation shall not have a detrimental effect on the long term structural integrity of the building or structure. (2) The proposed relocation shall not have a detrimental effect on the historic, architectural, or archaeological aspects of the other buildings, structures, sites, properties, landscapes, villages, or districts adjacent to or encompassing the Historic Resource. Assessment of the archaeological impact shall be made in conjunction with an archaeologist from the Bureau for Historic Preservation of the Pennsylvania Historical and Museum Commission; (3) The Historic Resource shall be relocated to a compatible cultural landscape that is harmonious with 7

8 the historic and/or architectural aspects of the relocated Historic Resource; (4) The applicant must establish to the Township that the Historic Resource proposed to be relocated cannot be renovated, restored, used, or adaptively used in its current location. (5) The proposed relocation shall further the purposes of this Article. B. The Board of Supervisors shall consider the application for relocation of a Historic Resource at a public meeting, with the first such public meeting to be held within forty-five (45) days of the date of the completed application. The applicant shall be notified of the meeting and shall present evidence supporting the application. Within forty-five (45) days of the last public meeting at which testimony is heard concerning this application, the Board of Supervisors shall render a written decision based upon the evidence, reports, and testimony presented at the public meeting(s). This period may be extended by mutual consent. The decision shall be either to deny, conditionally approve, or approve the application for relocation. 200A-6 Demolition A. No Historic Resource shall be demolished, in whole or in part, including the indiscriminate removal or stripping of any significant exterior architectural features, unless a demolition permit is obtained from the Zoning Officer in accordance with the procedures and requirements of this section and other applicable standards and procedures of the Uniform Construction Code (See Ch. 77 Building Construction) and applicable provisions of the International Fire Code (See Ch. 94 Fire Prevention). B. Any proposal to demolish a Class 1 Historic Resource shall comply with the following requirements: (1) The Applicant must demonstrate that the Historic Resource proposed to be demolished cannot be adapted and used for the use intended or for any other permitted use. 8

9 (2) The Applicant must provide a certified engineering report regarding structural stability of the Historic Resource that shows the Historic Resource is a threat to public safety. Such a report shall be verified by the Township Engineer. (3) In addition to the applicable requirements under the Uniform Construction Code (See Ch. 77 Building Construction) and applicable provisions of the International Fire Code (See Ch. 94 Fire Prevention), any applicant seeking a permit to demolish a Class 1 Historic Resource shall provide a site plan and file a written application setting forth the following information with regard to that Historic Resource: (a) Owner of record; (b) Site plan showing all buildings, structures, foundations, walls ruins, historic trees and landscaping, and any other feature; (c) Recent interior and exterior photographs of the resource proposed for demolition; (d) Explanation of the reasons for demolition; (e) Proposed method of demolition; and (f) Future proposed uses of the site and the materials from the demolished Historic Resource. (4) Upon receipt of an application for demolition, Township shall forward a notice by certified mail, return receipt requested, to all owners of property within five hundred (500) feet of the boundary line of the property containing the Class 1 Historic Resource. This notice shall include the street address and tax parcel number of the property on which the Historic Resource is located, the name of the Historic Resource if one exists, and the scheduled meeting date at which the Board of Supervisors will review and accept public comment on the application. 9

10 (5) The Zoning Officer shall notify the Board of Supervisors of a properly completed and paid for application for demolition. The Board of Supervisors shall consider an application for demolition at a public meeting, with the first such public meeting to be held within forty-five (45) days of the date of application. The applicant shall be notified of the meeting and shall present evidence supporting the application for demolition. In reviewing the application, the Board of Supervisors may take into account: (a) (b) (c) (d) (e) (f) The effect of demolition on the historical significance and architectural integrity of neighboring historic resources; Feasibility of adaptively reusing the resource proposed for demolition; All conceivable alternatives to demolition of the resource, including relocation of the structure; Any expert testimony, such as, but not limited to, a certified engineering report regarding the structural stability of the resource, that would indicate threats to public safety; The archaeological potential of the site; and Public comment regarding the resource or surrounding historic resources which may be impacted by the proposed demolition. (6) Within forty-five (45) days of the last public meeting at which testimony is heard concerning this application, the Board of Supervisors shall render a written decision based upon the evidence, reports, and testimony presented at the meeting. This period may be extended by mutual consent. The decision shall be either to deny or approve the application for demolition. 10

11 (7) Prior to the issuance of a demolition permit, the Board of Supervisors may require the applicant to provide documentation of the Class 1 Historic Resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Board of Supervisors. (8) Where demolition is determined by the Board of Supervisors to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback. New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building. (9) Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township consultants, shall be reimbursed to the Township by the applicant. (10) In addition to any fines and penalties for violations under Chapter 200 Zoning of the Code of Forks Township, or any other federal or state statutes or regulations, or any other municipal ordinances, resolutions or regulations, the Township shall not issue any building permits for a minimum of ten (10) years for a property which, at the date of enactment of this provision, was occupied by a Class 1 Historic Resource that was subsequently demolished in violation of this Article. C. Any proposal to demolish a Class 2 Historic Resource shall comply with the following: (1) The Applicant must demonstrate that the Resource proposed to be demolished cannot be adapted and used for the use intended or for any other permitted use. 11

12 (2) The Applicant must provide a certified engineering report regarding structural stability of the Historic Resource that shows the Historic Resource is a threat to public safety. Such a report shall be verified by the Township Engineer. (3) In addition to the applicable requirements under the Uniform Construction Code (See Ch. 77 Building Construction) and applicable provisions of the International Fire Code (See Ch. 94 Fire Prevention), any Applicant seeking a permit to demolish a Class 2 Historic Resource shall provide a site plan and file a written application setting the following information with regard to that Historic Resource: (a) (b) (c) (d) (e) (f) Owner of record; Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and landscaping, and any other features; Recent interior and exterior photographs of the resource proposed for demolition; Explanation of the reasons for demolition; Proposed method of demolition; and Future proposed uses of the site and the materials from the demolished Historic Resource. (4) The Zoning Officer shall consider an application for demolition of a Class 2 Historic Resource. The applicant shall provide all evidence supporting the application for demolition to the Zoning Officer along with the application. In reviewing the application, the Zoning Officer shall take into account: (a) The effect of demolition on the historical significance and architectural integrity of neighboring historic resources; 12

13 (b) (c) (d) (e) Feasibility of adaptively reusing the resource proposed for demolition; All conceivable alternatives to demolition of the resource, including relocation of the structure; Any expert testimony; and The archaeological potential of the site. (5) The Zoning Officer shall forward the application to the Township Solicitor, Engineer, or other consultants and the Board of Supervisors, and Planning Commission for comment and review. (6) The Zoning Officer shall render a written decision within forty-five (45) days of the date of receiving a properly completed and paid for application for demolition. This period may be extended by mutual consent. The decision shall be either to deny or approve the application for demolition. (7) Prior to the issuance of a demolition permit, the Zoning Officer may require the Applicant to provide documentation of the Class 2 Historic Resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Zoning Officer. (8) Where demolition is determined by the Zoning Officer to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback. New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building. (9) Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township 13

14 consultants, shall be reimbursed to the Township by the applicant. (10) Enforcement. In addition to any fines and penalties for violations under Chapter 200 of the Code of Forks Township, or any other federal, state statutes or regulations, or any other municipal ordinances, resolutions or regulations, the Township shall not issue any building permits for a minimum of five (5) years for a property which, at the date of enactment of this provision, was occupied by a Class 2 Historic Resource that was subsequently demolished in violation of this Article. D. Any proposal to demolish a Class 3 Historic Resource shall comply with the following requirements: (1) The Applicant must demonstrate that the Historic Resource proposed to be demolished cannot be adapted and used for the use intended. (2) The Applicant must provide a certified engineering report regarding structural stability of the Historic Resource that shows the Historic Resource is a threat to public safety. Such a report shall be verified by the Township Engineer. (3) In addition to the applicable requirements under the Uniform Construction Code (See Ch. 77 Building Construction) and applicable provisions of the International Fire Code (See Ch. 94 Fire Prevention), any applicant seeking a permit to demolish a Class 3 Historic Resource shall provide a site plan and file a written application setting forth the following information with regard to that Historic Resource: (a) (b) (c) Owner of record; Site plan showing all buildings, structures, foundations, walls, ruins, historic trees and landscaping, and any other feature; Recent interior and exterior photographs of the resource proposed for demolition; 14

15 (d) (e) (f) Explanation of the reasons for demolition; Proposed method of demolition; and Future proposed uses of the site and the materials from the demolished Resource. (4) The Zoning Officer shall consider an application for demolition of a Class 3 Historic Resource. The applicant shall provide all evidence supporting the application for demolition to the Zoning Officer along with the application. In reviewing the application, the Zoning Officer shall take into account the feasibility of adaptively reusing the resource proposed for demolition. (5) The Zoning Officer shall render a written decision within forty-five (45) days of the date of receiving a properly completed and paid for application for demolition. This period may be extended by mutual consent. (6) Prior to the issuance of a demolition permit, the Zoning Officer may require the applicant to provide documentation of the Class 3 Historic Resource proposed for demolition. Such documentation may include photographs, floor plans, measured drawings, archeological survey, and any other comparable form of documentation stipulated by the Officer. (7) Where demolition is determined by the Zoning Officer to be acceptable, the development of the property shall be undertaken in a manner which preserves the character, front yard setback, and design of the building removed, notwithstanding the otherwise applicable front yard setback. New or reconstructed structures shall maintain the setback of the original building and shall maintain the architectural style, scale, bulk, and design of the original building. (8) Any reasonable costs incurred by the Township to review an application for demolition and related plans or studies, including fees for Township 15

16 consultants, shall be reimbursed to the Township by the applicant. (9) In addition to any fines and penalties for violations under Chapter 200 of the Code of Forks Township, or any other federal, state statutes or regulations, or any other municipal ordinances, resolutions or regulations, the Township shall not issue any building permits for a minimum of three (3) years for a property which, at the date of enactment of this provision, was occupied by a Class 3 Historic Resource that was subsequently demolished in violation of this Article. E. Passive demolition, partial destruction to promote demolition or demolition by neglect of historic resources will not be used as an excuse by an applicant as justification for an active demolition application. Demolition by neglect shall be considered to be the readily observable material deterioration of a structure due to lack of routine maintenance, which has a detrimental effect upon the character, stability, or structural integrity of the resource thereby constraining or negating the structure s ability for rehabilitation or reuse. 200A-7 Archaeological Resources, Paleontological Resources, and Cemeteries. A. Any person or entity proposing to conduct any activity that could affect Archeological Resources, Paleontological Resources, or cemeteries, including, but not limited to, the installation of sewage systems, new construction, excavation, fill, or the construction of new roads or driveways, shall be required to identify any known, or determine if any potential, Historic Resources or cemeteries exist upon the site of the activity. At its discretion, the Board of Supervisors can require a Phase I Archaeological Study or another appropriate measure, if any Historic Resources or cemeteries are discovered while the activity is being conducted upon the site. B. The destruction or demolition of any cemeteries, graveyards, crypts, mausoleums, or other types of burial grounds shall be prohibited. Any person applying for or conducting subdivision, land development, or other activities that could adversely affect a burial ground shall 16

17 provide for the long-term protection and preservation of the burial ground in the form of deed restrictions, covenants, and/or easements. Such person shall also create a thirtyfive (35) foot setback from all sides of the burial ground and shall install an appropriate buffer/screening consisting of evergreens, flowering trees, and shrubs as directed by the Township. C. Any known cemetery, graveyard, gravesite, crypt, mausoleum, or other type of burial ground located within thirty-five (35) feet of any type of construction activity shall be fenced off to protect it from this activity and any resultant runoff. This protective fencing shall be placed at least thirty-five (35) feet beyond the known boundaries of the burial ground. 200A-8 Landscaping and Screening. The goal of this Section is to protect the integrity of the historic setting and context of Historic Resources in the Township and the significant vegetation or visual resources associated with the site. All Class 1 and Class 2 Historic Resources shall comply with the following: A. Whenever as Class 1 or 2 Historic Resource is located within a tract proposed for subdivision or land development, conditional use, special exception or variance, a Historic Landscape Plan for the tract shall be required to be submitted with the appropriate application. This Historic Landscape Plan shall be prepared by a registered landscape architect and shall strive to minimize the impact of the proposed development on the Historic Resource through screening, buffering, building locations and orientations, and plant material selection. It shall show all pertinent information, including the location, sizes, and species of all individual trees and shrubs to be removed, planted, or preserved. B. A Class 1 or 2 Historic Resource shall be protected from any new building or structure through a minimum setback of one hundred fifty (150) feet from the Historic Resource, unless the Historic Resource can be adequately protected through existing or proposed landscaping, topography, architectural controls, or other features. C. The landscaped or buffer area surrounding a Class 1 or 2 Historic Resource shall be preserved to retain the integrity of the historical landscape setting. Any negative impacts upon the historical landscape setting shall be mitigated through the introduction of vegetation or other screening in harmony with such landscape setting and through retention of view lines which visually link 17

18 historic structures to their landscape setting. Landscaping additions to the area surrounding a Class 1 or 2 Resource shall be consistent with the existing landscape features of the Historic Resource. (b) Terms Defined of Chapter 200 Zoning of the Code of Forks Township is amended by the addition of the following definitions which shall be placed in alphabetical order with the existing definitions: Adaptive Use A process that adapts existing buildings or structures for new uses while retaining their historic and architecturally defining features. Archaeological Resources The physical remains of prehistoric or historic human life or activity of any type along with the area they are located in. These Resources can include any archaeological features, structures, deposits, artifacts, or ecofacts located within a specified area or site on land, inter-tidal zone, or underwater. Historic Landscape Plan A landscape plan containing the significant vegetation and visual resources associated with a Historic Resource. Historic Resource Any building, structure, site, property, landscape, village, or district listed in the Forks Township Historic Resources Inventory. Where the Inventory lists outbuildings and/or other structures associated with the primary structure, these associated outbuildings and structures are afforded the same protections and incentives as the primary structure unless the Inventory clearly denotes the associated outbuilding/structure as not historical. Paleontological Resources - The fossilized remains of vertebrate and invertebrate organisms, fossil tracks and trackways, plant fossils, and/or any other evidence of prehistoric life which has been preserved by natural processes in the earth s crust, along with the area in which they are located. Qualified Historic Preservation Consultant A person meeting the professional qualification standards of the National Park Service as published in the Code of Federal Regulations 36 CFR Part 61. Section 2. Causes of Action, Remedies. The provisions of Causes of Action and Enforcement Remedies, of the Code of the Township of Forks shall apply in all respects to the provisions of this ordinance. Section 3. Repealer. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. 18

19 Section 4. Validity. If any section, paragraph, subsection, clause or provision of this ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this ordinance as a whole, or any other part thereof. Section 5. Effective Date. This ordinance shall become effective five (5) days after its enactment. 19