[Added 4-24-2007 by Ord. No. 12-2007]
The purpose of this article is to establish a Historic Preservation
Commission pursuant to N.J.S.A. 40:55D-107 et. seq., to provide guidance
in achieving preservation of historic resources in designated historic
districts and sites and to advance the following public purposes:
A.
To promote the use of historic districts for the education, pleasure
and welfare of the citizens of the Town and its visitors and to promote
civic pride in the Town's historic resources.
B.
To foster private reinvestment in the historic district and sites
and balance the purposes of historic preservation with current needs.
C.
To encourage preservation of sites of historic, archaeological, cultural,
social and architectural significance.
D.
To encourage the continued use of historic sites and to facilitate
their appropriate reuse.
E.
To maintain and promote an appropriate and harmonious setting for
existing historic resources within the Town.
F.
To recognize and preserve historic resources in the Town as an essential
element of municipal character and identity which contributes to the
reputation of Dover as a place of beauty and architectural value.
G.
To encourage appropriate alterations to historic sites and new construction
which is in keeping with the character of historic districts and sites.
H.
To assist implementation of the historic preservation element of
the Master Plan.
As used in this article, the following terms shall have the
meanings indicated:
An extension or increase in building size, floor area or
height.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress or an enlargement,
whether by extending on a side or by increasing in height or the moving
from one location or position to another, or the change in appearance
of the exterior surface of any improvement.
A document issued by the Historic Preservation Commission
confirming its review of any alteration or addition to a site or a
property within the Historic District. Such review is based upon plans
presented for the preservation, restoration, rehabilitation or alteration
of an existing property, or the demolition, addition, removal, repair
or remodeling of any feature on an existing building, within the Historic
District or for any new construction within the Historic District.
The partial or total razing, dismantling or destruction of
any historic site or any improvement within the Historic District.
A site that has been designated per § 236-96.4 herein.
The guidelines for both the Historic Preservation Commission and applicants for a certificate of historic review shall be "The Secretary of the Interior's Standards for the Treatment of Historic Properties," addressing preservation, rehabilitation, restoration, and reconstruction (codified as 36 CFR Part 68 in the July 12, 1995, Federal Register, Vol. 60, No. 133, and as may be subsequently amended), are adopted by reference, and design guidelines developed specifically for the Dover Historic Preservation Commission are set forth herein in § 236-96.7 and may take precedence over the Secretary of the Interior's Standards for the Treatment of Historic Properties where more specifically applicable to the buildings and sites within Dover.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites, as specifically designated herein.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archaeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein. The designation
of an historic site or landmark shall be deemed to include the Tax
Map lot on which it is located as well as the right-of-way contiguous
thereto. When used in this article, the word "landmark" may be substituted
for historic site.
Any structure or any part thereof installed upon public or
private property and intended to be kept at the location of such construction
or installation.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
A list of historic sites or districts determined to meet
criteria of designation specified herein.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
Repair of any deterioration, wear or damage to a structure
in order to return the same as nearly as practicable to its condition
prior to the occurrence of such deterioration, wear or damage with
material and workmanship of the same quality.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building's materials.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack or to cover or shield the property from
danger or injury.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such repairs must be done with materials and workmanship
of the same quality.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
The visual character of the street, including but not limited
to the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
A.
Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
(1)
To identify, record and maintain a system for survey and inventory
of all buildings, sites, places, improvements and structures of historical
or architectural significance based on the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation
(Standards and Guidelines for Identification), and to aid the public
in understanding their worth, methods of preservation, techniques
of gathering documentation and related matters.
(2)
To make recommendations to the Planning Board on the historic
preservation plan element of the Master Plan and on the implications
for preservation of historic sites of any other Master Plan elements.
(3)
To advise the Planning Board on the inclusion of historic sites
and landmarks in the recommended capital improvement program.
(4)
To advise the Planning Board and Zoning Board of Adjustment
on applications for development pursuant to N.J.S.A.40:55D-110.
(5)
To provide written reports pursuant to N.J.S.A. 40:55D-111 on
the application of the Zoning Ordinance provisions concerning historic
preservation.
(6)
To carry out such other advisory, educational and informational
functions as will promote historic preservation in the Town.
B.
Establishment.
(1)
Members. The Historic Preservation Commission shall consist
of five regular members and two alternate members. Members shall serve
without compensation. The Mayor shall appoint all members of the Historic
Preservation Commission and shall designate at the time of appointment
the regular members by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2." At least one member shall be designated
of each of the following classes:
(a)
Class A. A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
(b)
Class B. A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
(c)
Class C. Citizens of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Planning Board or Zoning Board of Adjustment.
(d)
Alternate members shall meet the qualifications of Class C members.
At the time of appointment, alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2." Of the five regular members,
a total of at least one less than a majority shall be of Classes A
and B.
(2)
Terms.
(a)
The terms of the members first appointed under this article
shall be so determined that, to the greatest practicable extent, the
expiration of the terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment,
and in the case of alternate members, evenly over the first two years
after their appointment, provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of a regular member
shall be four years, and the term of an alternate member shall be
two years. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only. Notwithstanding any other
provision herein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall be for the terms of membership
on the Planning Board, and the term of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
(b)
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
(3)
Alternates. The alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
(4)
Budget.
(a)
The governing body shall make provision in its budget and appropriate
funds for the expenses of the Historic Preservation Commission.
(b)
The Historic Preservation Commission may employ, contract for
and fix the compensation of experts and other staff and services as
it shall deem necessary. The Commission shall obtain its legal counsel
from the Municipal Attorney at the rate of compensation determined
by the governing body, unless the governing body, by appropriation,
provides for separate legal counsel for the Commission. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for the Commission's
use.
(5)
Rules of Commission.
(a)
The Commission shall elect a Chairman and Vice Chairman from
its members and select a Secretary who may or may not be a member
of the Commission or a municipal employee.
(b)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for certificates
of historic review and for designations of historic districts and
sites. Such rules shall not be inconsistent with the provisions of
this article and shall include but not be limited to rules pertaining
to all notices and hearings required herein.
(c)
In order to make available to the public information useful
to the preservation and protection of historic districts and sites
and to provide the basis for consistency of policy, the administrative
officer, on behalf of the Commission, shall maintain complete files
and records, including but not limited to data used in the classification
of buildings, places and structures, minutes of Commission meetings,
applications for certificates of historic review, along with collateral
data, decisions and appeals associated therewith, and information,
materials and references submitted to the public related to historic
preservation. A record of the proceedings shall be kept and made available,
but a formal verbatim record shall not be required.
(d)
The Commission Secretary shall keep minutes and records of all
meetings and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and applications. Copies of all
minutes shall be delivered promptly to the Town Clerk.
(e)
No member of the Commission shall be permitted to act on any
matter in which he or she has, either directly or indirectly, any
personal or financial interest. Mere ownership or residence in a designated
historic district and/or ownership of a designated historic site or
a nondesignated site shall not be deemed a personal or financial interest
unless a member resides or owns property within 200 feet of property
which is the subject of an application.
(6)
Meetings; quorum.
(a)
The Historic Preservation Commission shall establish and post
in Town Hall a regular schedule of a minimum of 10 meetings per year.
Additional meetings may be called by the Chairman or Vice Chairman
when the regular meetings are inadequate to meet the needs of its
business, to handle emergencies or to meet time constraints imposed
by law.
(b)
Three members shall constitute a quorum. Alternate members may
participate in discussions of the proceedings but may not vote except
in the absence or disqualification of a regular member. A majority
vote of those present and voting shall prevail and shall be sufficient
to grant or deny a certificate of historic review. Not less than a
majority of the appointed membership shall be required to grant or
change a historic site or district designation.
A.
Survey. The Commission shall perform a comprehensive survey of the
Town of Dover to identify historic districts, sites and improvements
which are worthy of protection and preservation.
B.
Criteria for designation. The survey shall be used as a basis for
identifying sites and districts worthy of designation. The criteria
for evaluating and designating historic districts and sites shall
be guided by the National Register of Historic Places criteria established
in accordance with National Historic Preservation Act (80 Stat. 915,
as amended).[1] The Commission or any interested party may recommend designation
of historic sites or districts that have integrity of location, design,
setting, materials, workmanship and association and that meet one
or more of the following criteria:
(1)
Character, interest or value as part of the development, heritage
or cultural characteristics of the Town, state or nation.
(2)
Association with events that have made a significant contribution
to the broad patterns of our history.
(3)
Association with the lives of persons significant in our past.
(4)
Embodiment of the distinctive characteristics of a type, period
or method of construction, architecture or engineering.
(5)
Identification with the work of a builder, designer, artist,
architect or landscape architect whose work has influenced the development
of the Town, state or nation.
(6)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative.
(7)
Unique location or singular physical characteristics that make
a district or site an established or familiar visual feature.
(8)
That have yielded, or may be likely to yield, information important
in prehistory or history.
[1]
Editor's Note: See 16 U.S.C. § 470 et seq.
C.
Procedures for designation.
(1)
Interested parties shall contact the administrative officer
regarding consideration of a proposed historic site or district. The
Commission may also initiate the designation of an historic site or
district. The administrative officer will schedule a hearing before
the Commission to review the proposed historic site or district.
(2)
The formal historic district nomination shall include a building-by-building
inventory of all properties within the district; black-and-white photographs
of all properties within the district; a property map of the district
showing boundaries; and a physical description and statement of significance
which address the criteria for designation set forth herein. The formal
historic site nomination shall include a black-and-white photograph,
a Tax Map of the property and a physical description and statement
of significance which address the criteria for designation set forth
herein.
(3)
Upon review and approval of the proposed site or historic district
by the Historic Preservation Commission, and after hearing the comments
of the public, if any, the Commission shall forward the proposed site
or district nomination to the Planning Board for consideration as
an amendment to the Historic Preservation Element of the Master Plan.
Municipal Land Use Law[2] procedures shall be followed for any amendment to the
Historic Preservation Element of the Master Plan.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
Upon review and approval of the proposed site or district by
the Planning Board, the site or district nomination will be sent to
the Mayor and Board of Aldermen for adoption to amend and supplement
this article with said designation.
(5)
All other requirements of the Municipal Land Use Law[3] regarding adoption of development regulations shall be
followed, and the owner of the proposed site(s) or the owners within
a proposed historic district shall receive notice, at least 10 days
prior to the hearing, by certified mail, return receipt requested,
of the hearing by the Town Council of the adoption of an ordinance
designating the proposed historic site or district.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Designation of districts. The following historic district(s) is delineated
and described in the Historic Preservation Element of the Master Plan
and is hereby a designated historic district for purposes of this
article:
(1)
Blackwell Street Historic District. The designated historic
district is set forth in the Historic Preservation Element of the
Master Plan of the Town of Dover, which is incorporated herein by
reference.
(2)
Additional districts. Any additional designated districts and
sites and/or any changes in the designation of historic districts
and historic sites shall be effectuated by amendment of this article
in accordance with procedures provided for under Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., and the procedures set forth herein.
A.
The Planning Board and Zoning Board of Adjustment shall refer to
the Commission every application for development, variance or zone
change request submitted to either Board for development in historic
districts or on historic sites designated herein. This referral shall
be made when the application for development is deemed complete or
is scheduled for a hearing, whichever occurs sooner. Failure to refer
the application as required shall not invalidate any hearing or proceeding.
The Commission may provide its advice, which shall be conveyed through
its delegation of one of its members or staff to testify orally at
the hearing on the application and to explain any written report which
may have been submitted.
B.
On all matters referred to the Commission which require approval
by the Planning Board or Zoning Board of Adjustment, the decision
of the Commission shall be a recommendation only.
C.
An approval by the Planning Board or Zoning Board of Adjustment,
as the case may be, does not relieve the applicant of the requirements
to obtain a certificate of historic review for properties within the
Historic District.
A.
When required. A certificate of historic review issued by the Commission
shall be required before a permit is issued or before work can commence
for any of the following activities within the historic district:
(1)
The demolition of any building, improvement, site, place or
structure. When considering applications involving demolition as defined
herein, the Commission's report shall contain advice and recommendations
for the applicant in regard to the appropriateness of the proposed
action, and the report may contain mandatory conditions. The administrative
officer shall include the advice, recommendations and mandatory conditions
of the Commission in the permit. All mandatory conditions shall be
adhered to by the applicant and made a condition of said permit.
(2)
Addition to or new construction of a principal or accessory
building or structure. When considering applications involving new
construction as defined herein, the Commission's report shall contain
advice and recommendations for the applicant in regard to the appropriateness
of the proposed action, and the report may contain mandatory conditions.
The administrative officer shall include the advice, recommendations
and mandatory conditions of the Commission in the permit. All mandatory
conditions shall be adhered to by the applicant and made a condition
of said permit.
(3)
Change in the exterior appearance of any building, improvement,
site, place or structure by addition, reconstruction or alteration.
Exterior change for all primary and accessory buildings shall include
special consideration of character-defining features visible from
the public right-of-way. When considering applications involving change
in exterior appearance, the Commission's report shall contain advice
and recommendations for the applicant in regard to the appropriateness
of the proposed action, and the report may contain mandatory conditions.
The administrative officer shall include the advice, recommendations
and mandatory conditions of the Commission in the permit. All mandatory
conditions shall be adhered to by the applicant and made a condition
of said permit.
B.
When not required.
(1)
A certificate of historic review shall not be required:
(a)
For the issuance of a building permit by the Construction Official
for changes only to the interior of a structure.
(b)
For ordinary maintenance and repair to the exterior of a building,
as long as existing materials are not removed or replaced with other
than in-kind material, and the maintenance or repair does not necessitate
a construction permit in accordance with the Uniform Construction
Code.
(c)
For ordinary maintenance and repair to the exterior of a building,
provided that new materials/features are not being added (excluding
a layer of paint), and the maintenance or repair does not necessitate
a construction permit in accordance with the Uniform Construction
Code.
(2)
Should the administrative officer feel that the nature and/or extent of the maintenance or repair outlined in Subsection B(1)(b) or (c) above is not in keeping with the purpose and objectives of this article, the approval of said maintenance or repair shall be referred to the Historic Preservation Commission for a determination as to whether a certificate of historic review shall be required.
C.
Procedures.
(1)
All applicants shall complete an application form and pay the
required fee and escrow deposit. Application forms shall be made available
in the office of the administrative officer. Completed applications
shall be filed with and fees/escrow deposits paid to the administrative
officer.
(2)
Each application shall be accompanied by sketches, drawings,
photographs, descriptions and other information to show the proposed
alterations, additions, changes or new construction. The Commission
may require additional materials as it reasonably requires to make
an informed decision.
(3)
The Commission shall reach a decision on an application and
submit its report to the administrative officer within 45 days of
referral of same by the administrative officer. Failure to report
within a forty-five-day period shall be deemed to constitute a report
in favor of the issuance of a permit and without recommendation of
conditions to the permit. Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Commission.
(4)
Informational meetings. Persons considering action that requires
a certificate of historic review, as set forth in this section, are
encouraged to request an informal informational meeting with the Commission
and/or its Chairman. There shall be no fees or escrow deposits required
for informal informational meetings. Requests for such informational
meetings shall be made to the administrative officer, who will contact
the Chairman of the Commission. The Commission may hold such informational
meetings within 15 days of receipt of such request. The purpose of
an informational meeting is to review with the applicant the standards
of appropriateness and the procedures for obtaining a certificate
of historic review.
(5)
Application review.
(a)
In addition to complying with the requirements of the Open Public
Meetings Act (see N.J.S.A. 10:4-6 et seq.) and except in the event
of an emergency, at least 10 days prior to such meeting notice shall
be given to the applicant of the time, date, place and specific subject
of the meeting.
(b)
A certificate of historic review shall be valid for a period
of two years from date of issue unless reasonable extensions are requested
by the applicant or the Commission.
(c)
The owner shall post the certificate of historic review on a
conspicuous spot on the site visible to the public during the entire
process of work.
(d)
An applicant is encouraged to attend the Historic Preservation
Commission meeting when the project is to be reviewed. However, the
applicant shall not be required to appear or to be represented at
the meeting to consider the application for a certificate of historic
review, and the Commission may take action in the absence of the applicant.
(e)
When an application is approved, the Commission shall forthwith
issue a certificate of historic review, which shall be forwarded to
the applicant.
(6)
Emergency procedures.
(a)
When a structure or improvement requires immediate repair to
preserve the continued habitability of the structure and/or the health
and safety of its occupants or others, emergency repairs may be performed
in accordance with construction codes without first obtaining a certificate
of historic review. Under such circumstances, the repairs performed
shall be only such as are necessary to protect the health and safety
of the occupants of the structure or others and/or to maintain the
habitability of the structure.
(b)
A request for the Commission's review shall be made simultaneously
with the onset of emergency work. Such emergency work shall be permitted
only if the administrative officer certifies the immediate necessity
for such permit issuance. Upon notice to the full Commission by telephone,
personal contact or other appropriate means of communication, at least
three members of the Commission shall convene as soon as possible,
and such convening members shall proceed to review the certificate
of historic review application as provided in this article. Subsequent
to such review, a certificate of historic review may be issued upon
a majority vote of the members convened.
(7)
Procedure for granting certification of appropriate municipal
actions.
(a)
It is recognized that the intent and purposes of this article
would not be fully served if the municipality were to control the
actions of others but fail to apply similar constraints to itself.
Accordingly, a certificate of historic review shall be required before
final approval of any municipal actions on public as well as private
lands, streets, easements and rights-of-way within the Historic District
or listed in the Historic Sites Inventory of the Master Plan. This
requirement shall be deemed to include any action by any party which
requires the approval or concurrence of the municipality or any municipal
agency and which is not otherwise covered by the provisions of this
article. There shall be no fee or escrow deposit required for a certification
of appropriate municipal actions.
(b)
In those circumstances where the municipality cannot require
compliance, as in certain cases involving the county, state and federal
governments, the Town urges, most strongly, the voluntary cooperation
of such agencies in seeking a certificate of historic review and hereby
authorizes the Commission to consider such requests and applications.
This does not relieve the property owner from complying with applicable
state and federal regulations regarding historic preservation.
The purpose of this section is to provide uniform standards,
design guidelines and criteria for the regulations of the Historic
District for use by the Historic Preservation Commission. All projects
requiring a certificate of historic review and all applications for
development in the Historic District shall be guided by the principles
of the Secretary of the Interior's Standards for Rehabilitation of
Historic Buildings.
A.
Secretary of Interior's Standards for Rehabilitation. In carrying
out all of its duties and responsibilities, the Commission shall be
guided by "The Secretary of the Interior's Standards for the Treatment
of Historic Properties," addressing rehabilitation (codified as 36
CFR Part 68 in the July 12, 1995, Federal Register, Vol. 60, No. 133,
and as may be subsequently amended). Those standards are as follows:
(1)
A property will be used as it was historically or be given a
new use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
(2)
The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces,
and spatial relationships that characterize a property will be avoided.
(3)
Each property will 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 elements from
other historic properties, will not be undertaken.
(4)
Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(6)
Deteriorated historic features will be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
(7)
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historic materials will not be used.
(8)
Archaeological resources will be protected and preserved in
place. If such resources must be disturbed, mitigation measures will
be undertaken.
(9)
New additions, exterior alterations, or related new construction
will not destroy historic materials, features, and spatial relationships
that characterize the property. The new work shall be differentiated
from the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of
the property and its environment.
(10)
New additions and adjacent or related new construction will
be undertaken in a such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
B.
Visual compatibility factors. In assessing the design of any proposed
additions or new construction, the following visual compatibility
factors shall be considered in conjunction with the Secretary of Interior's
Standards set forth above.
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation 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 the buildings and places to which it is
visually related.
(4)
Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
(5)
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 the 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 the buildings and places to which it is visually related.
(7)
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 buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually
compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building, such as walls,
open-type fencing and evergreen landscape masses, shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the building with the buildings and places
to which it is visually related.
(10)
Scale of building. The size of a building, its mass in relation
to open spaces and its windows, door openings, porches and balconies
shall be visually compatible with the buildings and places to which
it is visually related.
(11)
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.
(12)
Exterior features. A building's related exterior features, such
as lighting, fences, signs, sidewalks, driveways and parking areas,
shall be compatible with the features of those buildings and places
to which it is visually related and shall be appropriate for the historic
period for which the building is significant.
A.
As set forth in § 236-96.6A(1) hereinabove, a certificate of historic review and compliance is required for the demolition of any building, improvement, site, place or structure.
B.
Criteria. In regard to an application to demolish or move an historic
building, site, place or structure, the following matters shall be
considered:
(1)
Its historic, architectural, cultural and aesthetic significance in relation to the criteria of § 236-96.4B.
(2)
Its current and potential use for those purposes currently permitted
by the Zoning Ordinance or for the use proposed.
(3)
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.
(4)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty.
(5)
The extent to which its retention would increase property values,
promote business, create positions, attract tourists, students, writers,
historians, artists and artisans, attract new residents, encourage
study and interest in American history, stimulate interest and study
in architecture, educate citizens in American culture and heritage
or make the municipality a more attractive and desirable place to
live.
(6)
The probable impact of its removal upon the ambiance of the
Historic District.
(7)
The structural soundness and integrity of the building and the
economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the applicable building codes.
(8)
The compelling reasons for not retaining the structure or improvement
at its present site, the proximity of the proposed new location and
its accessibility to residents of the municipality and the probability
of significant damage to the structure or improvement as a result
of the relocation.
(9)
The compatibility, nature and character of the current and the
proposed surrounding areas as they relate to the intent and purposes
of this article and whether the proposed new location is visually
compatible in accordance with the standards set forth herein.
(10)
A discussion with the applicant regarding the applicant's consent
to the removal and reuse of certain important features of the historic
building or structure.
C.
Procedure.
(1)
Applications for a demolition permit must be made to the Building
Construction Official. For all properties within the Historic District,
a copy of the application will be forwarded to the Historic Preservation
Commission within 10 days of receipt of the complete demolition application
by the Building Code Official.
(2)
When considering applications for demolition permits, the Commission's
report may contain mandatory conditions, in which event the administrative
officer shall include the conditions contained in the certificate
of historic review in any permit which is issued.
(3)
Applications for demolition shall include current and archival
photographs of the interior and exterior of the building and drawings
to document the condition of the building.
(4)
The Commission's review of a demolition application may take
up to 45 days from receipt of completed application, just as in the
case of a development application.
(5)
Demolition notice posting and publication. Notice of proposed
demolition shall be posted on the premises of the building, place
or structure in a location that is clearly readable from the street.
In addition, the applicant shall publish a notice in the official
newspaper of the Town within 10 days of an application for a demolition
permit.
(6)
Review of application. The Historic Preservation Commission
will review the application for demolition based on the criteria outlined
above. Its report may:
(7)
All new construction on the site of a building demolished within
the Historic District is subject to mandatory review by the Historic
Preservation Commission. The new construction shall be in the character
of the historic site or district, and all comments of the Commission
in these circumstances are binding upon the applicant. The certificate
of historic review will be issued only when the Historic Preservation
Commission is satisfied that the facades of the replacement structure
meet all the criteria of the design guidelines deemed applicable and
fit appropriately within the Historic District.
(8)
When a certificate of historic review has been issued, the administrative
officer or his appointee shall, from time to time, inspect the work
approved by such certificate and shall regularly report to the Commission
the results of such inspections, listing all work inspected and reporting
any work not in accordance with such certificate.
It shall be the duty of all municipal officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a certificate of
historic review. If it should, the municipal official shall inform
both the administrative officer and the applicant, as well as the
Historic Preservation Commission.
A.
Violations.
(1)
If any person shall undertake any activity regarding an historic
site or improvement within an historic district without first having
obtained and posted a certificate of historic review, such person
shall be deemed to be in violation of this article.
(2)
Upon learning of the violation, the Chief Code Enforcement Officer
or his designee 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 seeking review
of the extent and proposed work by the Historic Preservation Commission.
(3)
If the owner cannot be personally served within the municipality
with said notice, a copy shall be posted on site and a copy sent by
certified mail, return receipt requested, to the owner at the last
known address as it appears on the municipal tax rolls.
B.
Penalties. If any person shall undertake demolition or removal or new construction affecting an historic site or improvement within an historic district without first having obtained a certificate of historic review or without subsequent review by the Commission following discovery of the omission, he may be required to restore same to the previous condition. In addition, there shall be imposed upon such person the fines and penalties set forth in § 236-103A of the Land Use Code of the Town of Dover.
C.
Injunctive relief. In the event that any action which would permanently
and adversely change an historic site or historic district, such as
demolition or removal, is about to occur without a certificate of
historic review having been issued, the Town Attorney may apply to
the Superior Court of New Jersey for such injunctive relief as is
necessary to prevent the destruction of such site or landmark.
Appeals to the Zoning Board of Adjustment pursuant to N.J.S.A.
40:55D-70.2 and N.J.S.A. 40:55D-72 may be taken by any interested
party affected by any order, requirement, decision or refusal of the
administrative officer pursuant to a report submitted by the Historic
Preservation Commission, including a denial of a certificate of historic
review, in accordance with N.J.S.A. 40:55D-111. Such appeal shall
be taken within 20 days by filing a notice of appeal with the officer
from whom the appeal is taken, upon completing the appeal application
form, paying required fees and escrow deposits, and specifying the
grounds of such appeal. The officer from whom the appeal is taken
shall immediately transmit to the Zoning Board of Adjustment all the
papers constituting the record upon which the action appealed from
was taken. No public notice shall be required for the hearing of said
appeal.
The requirements of this article shall be considered to be in
addition to and in no case shall they be interpreted as a substitute
for any other approval, permit or other action as otherwise provided
for.
