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Erie HRC reviews draft certificate-of-appropriateness rules and fee schedule; commissioners debate after-the-fact fee
Summary
Staff presented a draft fee schedule for certificates of appropriateness that exempts most residential applicants from fees, sets modest fees for nonresidential applicants, and proposes a lower 'after-the-fact' fee that some commissioners said could unintentionally reward noncompliance.
The Erie Historic Review Commission on July 7 reviewed a draft certificate-of-appropriateness application form and fee schedule that distinguishes minor, in-kind and major exterior alterations and sets different fees for residential and nonresidential applicants.
Under the draft, most routine residential projects would require no application fee; nonresidential applicants would pay modest fees (examples discussed included $20 and $50). The schedule includes a separate, lower fee for "after-the-fact" work completed without prior approval; staff proposed $20, which prompted concern from several commissioners who said a lower after-the-fact fee could serve as an unintended incentive to proceed without approval.
Staff rationale and commission concerns Historic preservation planner Matthew Falcone said the department proposed low or no fees for homeowners to keep the landmarking process accessible and noted the program is new. "We did not want to penalize people because it is a learning experience," Falcone said, adding the department expects to reevaluate fees after the program has operated for a period of time.
Some commissioners urged the commission to consider a higher after-the-fact fee (for example, $50) to avoid creating a financial advantage for applicants who skip the approval process. Staff said the proposal could be revised and that final fee authority will follow the procedure required in Article 7; staff also clarified that collected application fees would be deposited to the City of Erie general fund.
How cases would be reviewed Staff outlined examples that would not require review (interior work, repainting already-painted surfaces, temporary installations, rear-yard projects not visible from a public right of way) and examples that would (changes to materials, fenestration, HVAC, fencing, nonconforming signs, new construction, demolition or after-the-fact work). Major projects that change a building’s footprint, roof line or materials would be adjudicated by the commission; demolition of an entire building or significant historic fabric also would require commission review.
Next steps Staff said the fee schedule and related guidance are draft materials that will be revised before public release and that council will receive the fee proposal after Article 7 is adopted. Commissioners asked staff and the city attorney to clarify the appeals process and to consider language that prevents after-the-fact fees from incentivizing unpermitted work.
