[HISTORY: Adopted by the Town Council of the Town of Newton 4-9-2012 by Ord. No.
2012-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 120.
Land use procedures — See Ch. 166.
Land subdivision and site plan review — See Ch. 240.
Zoning: form-based code — See Ch. 320.
Attachment 1 - Appendix A, Approved Alternate Materials
Attachment 2 - Appendix B, Historic District MapAttachment 3 - Appendix C, Designated Historic Landmarks
Attachment 2 - Appendix B, Historic District MapAttachment 3 - Appendix C, Designated Historic Landmarks[1]
Editor's Note: This ordinance also repealed former Ch.
139, Historic Preservation, adopted 6-8-1970 as Ch. 20A of the Revised
General Ordinances, as amended.
This chapter shall be known and may be referred to by the short
title of the "Historic Preservation Ordinance of the Town of Newton."
A.
There is hereby created in and for the Town of Newton a Commission
to be known as the Historic Preservation Advisory Commission, referred
to in this chapter as "the Commission."
B.
In adopting this chapter, it is the intention of the Town Council
to create an agency which will work with and advise the Planning Board
on the effect of development applications on designated historic landmarks
or improvements within the historic district. In addition, the Commission
shall review all development activities involving the exterior of
a historic landmark or an improvement within the historic district.
C.
This chapter does not require or prohibit any particular architectural
style; rather, its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end, new construction
upon or near a landmark should not necessarily duplicate the exact
style of the landmark; it must be compatible with and not detract
from the landmark.
D.
The boundaries of the old Newton core historic district, including
those landmarks located therein, are hereby established as an overlay
zoning district to the Town of Newton Zoning Map,[1] as set forth in Appendix B, Historic District Map, and
Appendix C, Designated Historic Landmarks, both appendices which are
attached at the end of this chapter.
[Amended 11-23-2015 by Ord. No. 2015-33]
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Town's environment in
order:
A.
To safeguard the heritage of Newton by preserving resources within
the Town which reflect elements of its cultural, social, economic
and architectural history.
B.
To encourage the continued use of historic landmarks and to facilitate
their appropriate reuse based on the current socioeconomic conditions.
C.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or district within the Town of Newton.
D.
To stabilize and improve property values within the district.
E.
To promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population.
F.
To encourage beautification and private reinvestment.
G.
To manage change by encouraging any alteration or new construction
within the district to be in keeping with the historic nature of the
structure.
H.
To discourage the unnecessary demolition of historic resources, which
remain viable structures contributing value to the district.
I.
To recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties.
J.
To encourage the proper maintenance and preservation of historic
settings and landscapes.
K.
To encourage appropriate alterations of historic landmarks.
L.
To enhance the visual and aesthetic character, diversity, continuity
and interest in the Town.
M.
To promote the conservation of historic sites within the district.
As used in this chapter, the following terms shall have the
meanings indicated:
The construction of a new improvement as part of an existing
structure when such new improvement changes the exterior architectural
appearance of any landmark.
The person designated by the Town Council to handle the administration
of historic project review applications, as well as the coordination
of building permit applications, as referenced in this chapter.
Any development activity which alters the exterior architectural
appearance of a historic landmark or any improvement within the historic
district.
Any physical changes to the exterior of a building in the
historic district that do not physically expand property; but which
are permanent, not just decorative.
A list of materials approved for use in the historic district
to repair or replace existing materials within the district. The list
can be found at the end of this chapter as Appendix A and may be revised
from time to time to incorporate newly available materials on the
market. Materials are intended to be similar to existing materials
such that appearance is similar yet cost savings can be achieved as
well as improved energy efficiency.
A structure created to shelter human activity.
A partial or total razing or destruction of any building
or of any improvement within the historic district.
The condition of being in need of repairs; a structure or
building in disrepair.
A geographically definable area, urban or rural, small or large,
possessing a significant concentration, linkage or continuity of sites,
buildings, structures and/or objects which viewed collectively:
Resources within the historic district shall be classified as
"key," "contributing" or "noncontributing," which are defined as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district, either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant, nor represent an architectural type, period, or method for which the district is significant.
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship,
and association and which have been determined pursuant to the terms
of this chapter to be:
Of particular historic significance to the Town of Newton at
the time it was built by reflecting or exemplifying the broad cultural,
political, economic or social history of the nation, state or community;
Associated with the historic personages important in national,
state or local history;
The site of a historic event which had a significant effect
on the development of the nation, state or community;
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work or works of a locally, regionally
or nationally important builder, designer, artist or architect.
The body which, for the purposes of this chapter, acts as
the Historic Preservation Commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be by nature or design, movable yet related
to a specific setting or environment.
Repairing any deterioration, wear or damage to a structure
or any part thereof, in order to return to a similar state as nearly
as practicable to its condition prior to the occurrence of such deterioration,
wear or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs using
the same or similar approved materials having the same appearance.
(See Appendix A[1]).
A zoning district made up of underlying zone districts or
parts of zone districts as shown on the Town Zoning Map.[2] An overlay zone district controls certain standards with
the exception of bulk and use requirements which are controlled by
the underlying zone district(s).
To partially or completely cause a structure or a portion
of a structure to change to another location, position, station or
residence.
Any work done on any improvement which:
Repairs affecting the exterior architectural appearance of
a structure.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains, or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object if the location itself
possesses historic, cultural, or archeological significance.
Any man-made work arranged in a definite pattern of organization.
A zoning district which forms a constituent part of an overlay
zone district. Underlying zone districts control bulk and use requirements.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
This chapter shall apply to all landmarks in a district and to any other historic resources which are designated in accordance with the procedures outlined in § 139-9.
All uses permitted for a historic landmark or for structures
within the historic district shall be those designated by the Zoning
Ordinance.[1]
The maximum building height, minimum lot size, maximum coverage,
etc., shall be as provided in the Zoning Chapter for the respective
zones, except that the Planning Board may grant variances and waivers
from such regulations where necessary.
A.
The Historic Preservation Advisory Commission shall consist of five
members and two alternates who shall serve without compensation, except
that the Commission members shall be reimbursed for reasonable and
necessary expenses incurred in the performance of official business,
including attendance at annual training sessions and/or programs that
relate to historic preservation within the guidelines of the budget
established by the Town Council for the Commission.
B.
Categories; composition.
(1)
The Commission positions shall be filled by people who are interested
in and qualified to contribute to the preservation of historic buildings,
structures, sites, objects, and districts. The Commission shall represent
the following categories:
(a)
Class A: a person who is knowledgeable in building design and
construction or in architectural history and who may reside outside
the municipality; however preference should be given to residents
of the Town.
(b)
Class B: a person who is knowledgeable or has a demonstrated
interest in local history and who may reside outside the municipality;
however preference should be given to residents of the Town.
(c)
Class C: persons who are residents of the Town and who hold
no other municipal office, position or employment except for membership
on the Planning Board.
(2)
The Commission shall include five regular members and a maximum of
two alternates, who shall be designated Alternate No. 1 and Alternate
No. 2. There shall be at least one member appointed to the Commission
from each Class A and B. Alternate members shall only be Class C members.
C.
Commission members shall be appointed by the Mayor and shall serve
for four-year terms, except that of the first members appointed one
member shall serve for one year, two members shall serve for two years,
and two other members shall serve for three years. The alternate members
shall serve for two-year terms. All members may, at the expiration
of their terms, be eligible for appointment to four-year terms, except
for alternate members who are eligible for two-year terms. If a Commission
member is also a Planning Board member, the term of office as a Commission
member is the same length as the other board position. Vacancies shall
be filled in the same manner in which the previous incumbent was appointed
and such vacancy appointment shall be only for the balance of the
unexpired term.
D.
The Commission shall adopt internal rules and procedures for the
transaction of its business, subject to the following:
(1)
The Commission shall elect from its members a Chairman and a Vice
Chairman.
(2)
A quorum for the transaction of all business shall be three members.
(3)
All Commission minutes and records are public records and all Commission
meetings shall comply with the Open Public Meetings Act, N.J.S.A.
10:4-7 et seq.
(4)
The Commission shall employ, designate or elect a secretary who need
not be a member of the Commission. The secretary shall keep minutes
and records of all meetings and proceedings, determinations, and decisions.
All such material shall be made public record.
(5)
Commission meetings shall be scheduled at least once every month,
or as often as required to fulfill its obligations to advise the Planning
Board or Town Council.
(6)
No Commission member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
E.
A member of the Newton Town Council shall be designated as liaison
between the Historic Preservation Advisory Commission and the Town
Council.
F.
The Historic Preservation Advisory Commission shall be responsible:
(1)
To review historic survey material and, if necessary, to update said
material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's
integrity or condition;
(2)
To recommend to the Planning Board and the Town Council any additional sites to be designated as historic landmarks in accordance with the procedures established in § 139-9;
(3)
To conduct research on and, if necessary, to nominate any additional
significant resources to the State and National Register of Historic
Places. If the Town is certified under the state's Certified
Local Government (CLG) program, the Commission shall, in accordance
with the state's CLG guidelines, review and comment on all state
and national register nominations for historic resources within the
Town of Newton;
(4)
To advise the Planning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in § 139-11;
(5)
To review all proposed actions, including those involving building permit applications, which affect the exterior architectural appearance of historic landmarks or improvements within the historic district; to advise the Planning Board on the approval of said requests in accordance with the procedures established in § 139-12;
(6)
To review all proposed actions and applications for actions affecting the exterior architectural appearance of a historic landmark or an improvement within the historic district and to make recommendations to the Planning Board in accordance with the criteria outlined in § 139-13;
(7)
To advise the Town Council on the relative merits of proposals involving
public lands to restore, preserve and protect historical buildings,
places and structures, including the preparation of a long-range plan;
therefore securing state, federal and other grants in aid to assist
therein and monitoring such projects once underway;
(8)
To seek voluntary assistance from the public where helpful and practical
and to secure professional assistance to assist the Commission in
its work when within the Commission's budget as set forth by
the Town Council;
(9)
To cooperate with local, county, state or national historic societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this chapter;
(10)
To request the Town Council or its designated agent to seek,
on its own motion or otherwise, injunctive relief for violations of
this chapter or other actions contrary to the intent and purposes
of this chapter;
(11)
To advise and assist the Planning Board during the preparation
and/or update of the municipal Master Plan, the Historic Preservation
Plan Element of the Master Plan;
(12)
To prepare and distribute the Historic District Guideline Handbook
to be utilized for application reviews and foster appropriate rehabilitation
within the historic district;
(14)
To report at least annually to the Town Council on the state
of historic preservation in the Town and recommend measures to improve
same;
(15)
To collect and disseminate material on the importance of historic
preservation and techniques for achieving same; and
(16)
To advise all municipal agencies regarding goals and techniques
of historic preservation.
A.
In addition to the structures already identified as within the old
Newton core historic district, the Commission shall consider for landmark
designation any additional buildings, structures, objects, sites and
districts within the Town which merit landmark designation and protection,
possessing integrity of location, design, setting, materials, workmanship
or association and being:
(1)
Of particular historic significance to the Town of Newton by reflecting
or exemplifying the broad cultural, political, economic, or social
history of the nation, state, or community at the time of its construction;
(2)
Associated with historic personages important in national, state,
or local history;
(3)
The site of a historic event which had a significant effect on the
development of the nation, state, or community;
(4)
An embodiment of the distinctive characteristics of a type, period,
or method of architecture or engineering;
(5)
Representative of the work of an important builder, designer, artist
or architect; or
(6)
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation.
B.
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria in § 139-9A, a description of the landmark's location and boundaries, and a map siting. The Commission shall, by certified mail:
C.
The list of potential additional landmarks as well as the description,
significance, location, boundaries, and map siting of each shall be
subject to review at a Commission public hearing. At least 10 days
before such a hearing, a preliminary list and a map showing proposed
additional landmarks shall be published, together with notice of the
hearing in an official newspaper of the municipality. At the hearing,
interested persons shall be entitled to present their opinions, suggestions
and objections on the proposed recommendations for landmark designation.
The Commission shall then prepare a concise report, including a list
and a map of its recommendations for sites to be designated as local
landmarks. Copies of the report shall be delivered to the Town Manager,
the Town Council, the Planning Board and the Town Clerk, and a notice
of the action published by the Commission Secretary in an official
newspaper of the Town. The published notice shall state the Commission's
recommendations and also that final designation shall be made by the
Town Council at a public meeting specified on a date not less than
15 days nor more than 45 days from the date of publication. The Town
Council shall then consider the designation list and map, and may
approve, reject, or modify same by ordinance. Once adopted, the designation
list and map may be amended in the same manner it was adopted. Upon
adoption, the designation list and map shall also be incorporated
by reference into the municipal Master Plan and Zoning Ordinance,
as required by state enabling legislation.
D.
Copies of the designation list and Official Map as adopted shall
be made public and distributed to all municipal agencies reviewing
development applications and building permits. A certificate of designation
shall be served by certified and regular mail upon each owner included
on the list, and a true copy thereof shall be filed with the County
Clerk for recording in the same manner as a certificate of lien upon
real property.
A.
Review.
(1)
All permits and development applications involving all development activities that affect a historic landmark or an improvement within the historic district shall be reviewed by the Commission, except as set forth in § 139-10B of this chapter. Such review shall be required for the following actions:
(a)
Demolition of a historic landmark or of an improvement within
the historic district;
(b)
Relocation of any improvement within the historic district or
of any historic landmark;
(c)
All changes in the exterior architectural appearance of any
improvement within the historic district or of any historic landmark
by addition, alteration or replacement;
(d)
Any new construction on the exterior of an improvement in the
historic district;
(e)
Site plans or subdivisions affecting a historic landmark or
an improvement within the historic district;
(f)
Zoning variances affecting a historic landmark or an improvement
within the historic district.
(2)
In making a recommendation on an application, the Commission shall
be aware of the importance of finding a way to meet the current needs
of the applicant. The Commission shall also recognize the importance
of making recommendations that will be reasonable for the applicant
to carry out. Before an applicant prepares his plans, he may bring
a tentative proposal to the Commission for informal review and comment.
B.
Review by the Commission is not required:
(1)
When a historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Town codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 139-13 and the guidelines for review of applications as adopted by the Planning Board in accordance with § 139-8 of this chapter.
(2)
For changes to the interior of structures.
(3)
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require Commission review according to these criteria:
(a)
Repair of existing windows and doors using the same or approved
alternate material (See Appendix A[1]); installation of storm windows that are compatible with
the architectural period or design of the subject structure;
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(b)
Maintenance and repair of existing roof material, involving
no change in the design, scale, material or appearance of the structure;
(c)
Repair of existing roof structures, such as cupolas, dormers
and chimneys, using the same or approved alternate materials (see
Appendix A) which will not alter the exterior architectural appearance
of the structure;
(d)
Replacement in kind or utilizing approved alternates (see Appendix
A) of existing shingles, clapboards, or other siding maintaining the
architectural integrity of the structure;
(e)
Maintenance and repair of existing shingles, clapboards or other
siding, using the same or approved alternate materials (see Appendix
A) as that being repaired or maintained;
(f)
Exterior painting of existing structures;
(g)
Repairs to existing signs, shutters, garage doors, doors, outdoor
displays, fences, hedges, street furniture, awnings, off-street driveway
and parking materials, and sidewalks using the same or approved alternate
materials (see appendix A[2]) for those items noted above being repaired.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
A.
For all applications presented to the Planning Board which affect a historic landmark or an improvement within the historic district, the property owner shall submit a historic landmark project review application to the Historic Preservation Advisory Commission for review. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 139-12 of this chapter.
B.
The Planning Board Secretary will forward to the Commission a complete
set of all application materials.
Prior to undertaking any action affecting the exterior architectural
appearance of a historic landmark or any building within the historic
district, the property owner shall receive approval or signoff from
the Zoning Officer or Construction Official.
In reviewing an application for its effect on a historic landmark or an improvement within the historic district, the following criteria shall be used by the Historic Preservation Advisory Commission and the Planning Board. The criteria set forth in § 139-13A relate to all projects affecting a historic landmark or an improvement within the historic district. The criteria set forth in § 139-13B through E relate to specific types of undertakings and shall be used in addition to the general criteria set forth in § 139-13A.
A.
In regard to all applications affecting a historic landmark or an
improvement within the historic district, the following factors shall
be considered:
(1)
The impact of the proposed change on the historic and architectural
significance of the landmark or the historic district.
(2)
The landmark's importance to the municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
(3)
The use of any structure involved.
(4)
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within the historic
district from a public street.
(5)
If the application deals with a structure within the historic district,
the impact the proposed change would have on the district's architectural
or historic significance and the structure's visual compatibility
with the buildings, places and structures to which it would be visually
related in terms of the visual compatibility factors set forth herein.
(6)
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7)
Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8)
Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9)
Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
B.
In regard to an application for new construction, alterations, additions,
or replacement affecting a historic landmark or an improvement within
the historic district, the following factors shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with buildings and places to which it
is visually related.
(3)
Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with buildings and places to which it is visually related.
(4)
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
(5)
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
(6)
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7)
Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8)
Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9)
Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
C.
Rehabilitation. Supplemental design guidelines which should be considered
in evaluating the appropriateness of changes to a historic landmark
or within the historic district are as follows:
(1)
Relationship of materials, texture and color. The relationship of
materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the building to which it is visually related.
(2)
Walls of continuity. Appurtenances of a building such as walls, open-type
fencing, evergreens, and landscape masses shall form cohesive walls
of enclosure along a street to the extent necessary to maintain visual
compatibility of the main building with the buildings and places to
which it is visually related.
(3)
Exterior features.
(a)
A structure's related exterior features such as lighting,
fences, signs, sidewalks, driveways, and parking areas shall be compatible
with the historic period for which the structure is significant. New
signage shall also abide by any supplemental historic design graphic
standards that may be developed by the Commission for the district.
(b)
It is the intent of this chapter to preserve the integrity and
authenticity of the historic preservation districts and to ensure
the compatibility of new structures therein.
D.
In regard to an application to demolish a historic landmark or any
improvement within the historic district, the following matters shall
be considered:
(1)
Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 139-9A.
(2)
If it is within the historic district, the significance of the structure
in relation to the historic character of the district and the probable
impact of its removal on the district.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(6)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(7)
The extent to which its retention would promote the general welfare
by maintaining and increasing the real estate values, generating business,
attracting tourists, attracting new residents, stimulating interest
and study in architecture and design, or making the municipality an
attractive and desirable place in which to live.
(8)
If it is within the historic district, the probable impact of its
removal upon the ambiance of the historic district.
E.
In regard to an application to move any historic landmark or to move
any structure within the historic district, the following matters
shall be considered:
(1)
The historic loss to the site of original location and the historic
district as a whole.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this chapter.
(4)
If the proposed new location is within a district, visual compatibility factors as set forth in § 139-13B.
(5)
The probability of significant damage to the landmark or structure
itself.
(6)
If it is to be removed from the Town of Newton, the proximity of
the proposed new location to the Town, including the accessibility
to the residents of the Town and other citizens.
A.
Approval by the Construction Official and Planning Board in accordance with the procedures in §§ 139-11 and 139-12 shall be deemed to be final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in the historic district.
B.
Denial of approval for a development application or of a building
permit shall be deemed to bar the applicant from undertaking the activity
which would affect the landmark or improvement in the historic district
which was the subject of the denied application.
C.
Demolition of landmarks.
(1)
The Planning Board, upon affirmative vote of a majority of its full
membership, may postpone demolition of a landmark for up to one year.
The Commission and the Planning Board may utilize this time period
to consult with the Sussex County Historical Society, the New Jersey
Department of Environmental Protection, or other similarly qualified
organizations to ascertain how the Town may preserve the building
and/or the premises. The Commission shall be empowered to assist the
owner in developing plans to preserve the structure when moving or
demolition thereof would be a great loss to the Town. When an applicant
wishes to demolish a landmark, a building or structure on a landmark
site, or a building or structure in the historic district, the Commission
shall negotiate with the applicant to see if an alternative to demolition
can be found. No municipal official shall issue a demolition permit
for a landmark without review from the Commission and Planning Board
approval. If it determines to postpone demolition, the Planning Board
may request that the Town Council initiate such actions as may lead
to the preservation of the premises within the one-year hiatus.
(2)
In its review of an application to demolish a site, the Commission
may require the applicant to prepare a financial analysis which may
include any or all of the following:
(a)
Amount paid for the property, date of purchase, and party from
whom purchased including a description of the relationship, whether
business or familial, if any, between the owner and the person from
whom the property was purchased.
(b)
Assessed value of the land and improvements thereon according
to the most recent assessment.
(c)
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record.
(d)
All appraisals obtained by the owner in connection with his
purchase or financing of the property, or during his ownership of
the property.
(e)
Bona fide offer of the property for sale or rent, price asked
and offered received, if any.
(f)
Any consideration by the owner for a profitable, adaptive use
for the property.
(3)
In making a recommendation on an application for demolition, the
Commission shall be aware of the importance of finding a way to meet
the current needs of the applicant. The Commission shall also recognize
the importance of making decisions that will be reasonable for the
applicant to carry out.
(4)
The Commission shall study the question of economic hardship for
the applicant and shall determine whether the site or the property
in the historic district can be put to reasonable beneficial use without
the approval of the demolition application. In the case of an income-producing
building, the Commission shall also determine whether the applicant
can obtain a reasonable return from his existing building. The Commission
may ask applicants for additional information to be used in making
these determinations, such as third-party professional verification
of structure stability or viability by a licensed professional in
a qualified field, such as architecture or engineering.
(5)
Prior to the issuance of a demolition permit, the Planning Board
may require the applicant to provide documentation of the resource
proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, an archeological survey, and any other
comparable form of documentation stipulated by the Commission.
(6)
During the demolition, either members of the Commission or the Sussex
County Historical Society shall be present to save, protect, and/or
receive valuable parts of the building. There shall be the ability
on the part of the Commission to conduct a dig at the site, if necessary.
The site shall be properly restored after demolition, to include grading
and landscaping.
D.
When the Commission determines that an application before it be denied
or its approval made subject to specific conditions which are found
to be unacceptable to the applicant, then an appeal therefrom shall
lie to the Planning Board of the Town of Newton. As a result of the
subsequent decision by the Planning Board, should the applicant wish
to seek further redress, then such appeal shall be filed for review
directly to any court of competent jurisdiction according to law and
pursuant to the rules of the court.
E.
The granting or denial of approval for a building permit by the Construction
Official may be appealed to the Planning Board in the same manner
as if the appeal were taken pursuant to N.J.S.A. 40:55D-72 from any
action by the administrative officer.
A.
Any person who shall undertake an activity which would cause a change in the exterior architectural appearance of any historic landmark by addition, alteration, or replacement without first obtaining the approval of the Historic Preservation Advisory Commission or a zoning permit pursuant to § 139-12 shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot whereon the violation is occurring
a notice describing the violation in detail and giving the owner 10
days to abate the violation by restoring the landmark or improvement
to the condition it was in prior to the violation occurring. If the
owner cannot be personally served within the municipality with the
said notice, a copy shall be posted on the site and a copy sent to
the owner at his last known address as it appears on the municipal
tax rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable to the municipal
court, charging violation of this chapter and specifying the wrongful
conduct of the violator. Each separate day the violation exists shall
be deemed to be a new and separate violation of this chapter.
E.
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within the historic district or of any historic landmark by addition, alteration, or replacement without first obtaining the approval of the Historic Preservation Advisory Commission, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the landmarks affected, pending a decision. If the project is denied, he shall immediately restore the landmark to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to § 139-15B hereof. Such injunctive relief shall be in addition to the penalties authorized under § 139-15D hereof.
F.
In the event that any action which would permanently affect a historic
landmark or historic district or a demolition to remove the landmark
is about to occur without approval having been issued, the Zoning
Officer is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
G.
The Historic Preservation Advisory Commission Secretary, in the absence
of the Zoning Officer or at such other times as may be permitted by
law or as directed by the Town Manager, shall perform all of the duties
of the Zoning Officer that were granted to said officer by this chapter.
A.
No duties or powers of the Commission shall supersede or infringe
on the powers of other Town boards and committees.
B.
If any section or provision hereof shall be adjudged invalid, such
determination shall not affect the other provisions hereof which shall
remain in full force and effect to the extent of such conflict or
inconsistency, provided not otherwise required by law.
C.
All ordinances and provisions thereof inconsistent or conflicting
with the provisions of this chapter are hereby repealed to the extent
of such conflict or inconsistency, provided not otherwise required
by law.
