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If you are concerned with the present process by which the Philadelphia Historical Commission can designate entire sections of the City as Historic Districts, use this opportunity to send faxes to the Mayor and City Council in support of the reform bill introduced by Councilwoman Jannie Blackwell. The impact of historic designation is comparable to that of zoning changes. Yet, with respect to Historic Districts, the Commission has the sole authority to decide on designation -- in contrast to zoning where the City Planning Commission proposes an ordinace to City Council and the Mayor for enactment.
Alan Krigman krfapt@aol.com
Here is a sample of a letter faxed to members of City Council previously. You can use this to stimulate your thinking, but put your ideas into your own words and include points that concern you particularly. Also, remember that at this time, the intent is to reform the designation process with Councilwoman Blackwell's bill, and not to argue the particular issues associated with the nomination of any particular neighborhood.
This is a request for you to assist the residents of Philadelphia by correcting a flaw in the Philadelphia Preservation Ordinance, as implemented in Section 14-2007 of the Philadelphia Code. The ordinance creates the Philadelphia Historical Commission as a body inherently predisposed toward designating entire sections of the city as well as individual locations as Historic entities, and gives this agency the power to decide on designation. And although Section 14-2007 specifies that the Commission hold hearings with respect to proposed district designations, it is mute on the issue of accounting for the will of or the social and economic impact on the affected parties. This places responsibility for decisions with far-reaching consequences in the hands of appointed and hired persons who are not answerable to the people of Philadelphia, violating the principle of the "separation of powers" and also opening the door to abuse of authority.
Bill 020462, introduced by Councilwoman Jannie Blackwell, can go a long way toward remedying this flaw. It preserves the intent of the original Preservation Ordinance, uses the procedures established for the nomination and consideration of historic entities, and takes advantage of the expertise the Commission has developed through its staff. The essential change is to have the Commission's decision with respect to historic districts become a recommendation for enactment by ordinance rather than administrative fiat. The new approach will require not only that the economic impact of any district designation be considered, but also provide means by which factors far broader than architecture and design be fairly weighed.
Bill 020462 essentially brings the designation of historic districts into conformity with the philosophy that has evolved during the past hundred years in the matter of zoning, not only in Philadelphia but throughout the country. In that process, in Philadelphia, the City Planning Commission drafts a community sponsored rezoning ordinance, which is then submitted to City Council and the Mayor for enactment into law. [The burdens and restrictions of historic designation are comparable in effect to those of zoning. As a further parallel to zoning matters, Bill 020462 would leave the power to issue or withhold permits for work on properties in historic districts to the Historical Commission, in a manner similar to that used to grant or deny exceptions to the zoning code by Zoning Board of Appeals or Adjustment.
I therefore urge that you act to move Bill 020462 "out of committee" and support its passage by City Council.
