HomeMy WebLinkAboutORD-2023-031-Designation of Three Properties as Orange County Historic Landmarks ORD -202M31 i s
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Attachment 1
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AN ORDINANCE OF THE ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
DESIGNATING THE PROPERTY KNOWN AS THE
HARVEY ' S CHAPEL AME CHURCH (PIN : 9853837051 ) AND
THE ORIGINAL CHURCH SITE AND CEMETERY (PIN 9853593781 )
IN ORANGE COUNTY, NORTH CAROLINA
AS A HISTORIC LANDMARK
WHEREAS , all of the prerequisites to the adoption of this ordinance prescribed in
Chapter 160D , Article 9 , as amended (Historic Districts and Landmarks) of the General Statutes
of North Carolina and an Ordinance Creating the Historic Preservation Commission of Orange
County (the "Historic Preservation Ordinance ") have been met ; and
WHEREAS , the members of the Orange County Board of County Commissioners have
taken into full consideration all statements and information presented by the Orange County
Historic Preservation Commission at a joint public hearing held on the 16th day of May, 2023 , on
the question of designating the property known as the Harvey ' s Chapel AME Church and its
original site and cemetery as a historic landmark , and
WHEREAS , the property known as the Harvey ' s Chapel AME Church and its original
site and cemetery, located in Cheeks Township in the County of Orange and more particularly
described in Attachments A and B . attached hereto , are significant for the history of its
congregation as well as for its importance as the most intact surviving example of a small frame
carpenter- Gothic - style Black church in Orange County; and
WHEREAS , Harvey ' s Chapel AME Church was founded in the late 19th century by a
group of African-American families descended from formerly enslaved workers who gathered to
worship together in the woods overlooking Crabtree Creek as a "brush arbor" community ; and
WHEREAS , the Harvey ' s Chapel AME congregation built their first church in 1892 on
the site of their brush arbor and created a cemetery for members and their families ; and
WHEREAS , the 1940s Harvey ' s Chapel AME congregation moved their church to its
present site on Dimmock ' s Mill Road due to poor road maintenance ; and
WHEREAS , in 1940 the congregation of Harvey ' s Chapel AME Church built a new
church that is now the most intact surviving example of a small frame carpenter- Gothic - style
Black church in Orange County; and
WHEREAS , based on the additional information further detailed in the landmark
designation report for the Harvey ' s Chapel AME Church and its original site and cemetery, all of
which is incorporated herein by reference , the Orange County Historic Preservation Commission
has demonstrated that the properties known as the Harvey ' s Chapel AME Church and its original
site and cemetery possess special significance in terms of their historic, architectural and/or
cultural significance and has recommended that the property be designated as a historic landmark
as outlined in Article IV of the Orange County Historic Preservation Ordinance ; and
WHEREAS , the State Historic Preservation Office , an agency of the Office of Archives
and History of the North Carolina Department of Natural and Cultural Resources , has reviewed
and commented on the findings of the Orange County Historic Preservation Commission for the
designation of the Harvey ' s Chapel AME Church and its original site and cemetery as a historic
landmark, as required by Chapter 160D , Article 9 , as amended, of the General Statutes of North
Carolina and the Orange County Historic Preservation Ordinance ;
NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of
Orange County, North Carolina that :
Section 1 . The properties known as the Harvey ' s Chapel AME Church and its original
site and cemetery, located in Hillsborough Township , Orange County, North Carolina
jurisdictional area under PIN numbers 9853837051 and 9853593781 , more particularly described
in Attachments A and B , are hereby designated as a historic landmark .
Section 2 . This landmark shall be subject to Chapter 160D , Article 9 of the General
Statutes of North Carolina and the Orange County Historic Preservation Ordinance, and any
amendments as may be made to either set of regulations .
Section 3 . The owner( s) and occupant(s) of the property known as the Harvey ' s Chapel
AME Church and its original site and cemetery be given notice of this ordinance as required by
applicable law, and that copies of this ordinance be filed and indexed in the office of the County
Clerk, Orange County Register of Deeds , Orange County Tax Supervisor and Orange County
Department of Environment, Agriculture , Parks and Recreation, as required by the applicable
law.
Section 4 . In accordance with Chapter 160D , Article 9 of the General Statutes of North
Carolina and the Orange County Historic Preservation Ordinance, the exterior and site features
of all historic landmarks are always under the purview of the Historic Preservation
Commission ' s Certificate of Appropriateness provisions . In the case of Harvey ' s Chapel AME
Church and its original site and cemetery, the site features include the historic 1940s church and
associated grounds and cemetery, as well as the original church site and cemetery, including : the
historic gravestones ; the foundations of the original church; and the surrounding wooded
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landscape . The HPC shall determine Certificates of Appropriateness for the Harvey ' s Chapel
AME Church and its original site and cemetery based on the HPC ' s approved design standards ,
with reference to the designation ordinance , the application materials and the designation report .
Section 5 : In accordance with Section 44 - 75 of the Orange County Historic Preservation
Ordinance , there shall be certain delays in demolition . Consistent with that requirement, nothing
in this ordinance shall be construed to prevent or delay ordinary maintenance or repair of any
architectural feature in or on said landmark that does not involve a change in design, material or
outer appearance thereof, nor to prevent or delay the construction, reconstruction, alteration,
restoration, demolition or removal of any feature when a building inspector or similar official
certifies to the Commission that such action is required for the public safety because of an unsafe
condition . Nothing herein shall be construed to prevent the owner of the historic landmark from
making any use of the historic landmark not prohibited by other statutes , ordinances or
regulations .
Section 6 . All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict with this ordinance .
Section 7 . Any part of this ordinance determined by a court of competent jurisdiction to
be in violation of any law or constitutional provision shall be deemed severable and shall not
affect the validity of the remainder .
Section 8 . This ordinance shall become effective immediately upon its adoption .
NOW THEREFORE BE IT RESOLVED that the members of the Orange County Board of
County Commissioners do hereby officially designate the Harvey ' s Chapel AME
Church and its original site and cemetery as an Orange County Historic
Landmark .
This the 20th day of June , 2023 .
JanWzetta B ford, Chair
Orange County Board of Commissioners
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AJens n, lerk to the Board 17 '
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