There is hereby created, ratified and adopted a new chapter of the Revised General Ordinances of the Township of Nutley to be entitled "Historic Preservation Committee."
This chapter has been enacted pursuant to the authority granted under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including, but not limited to, N.J.S.A. 40:55D-107 to 40:55D-112.
The purpose of this chapter is to effectuate and accomplish the protection, enhancement, and perpetuation of historic buildings, structures, sites, objects and improvements within the Township of Nutley, to assist in implementing the historic preservation element of the Township's Master Plan, and to advance the following public purposes:
A.
To safeguard the heritage of the Township by preserving the resources within the Township which reflect elements of its historical significance;
B.
To discourage the unnecessary demolition of historic resources;
C.
To identify, designate, and regulate historic landmarks in order to preserve their historical significance;
D.
To encourage the continued use of historic landmarks and to facilitate their appropriate use or reuse;
E.
To maintain and develop an appropriate and harmonious setting for historic landmarks within the Township of Nutley;
F.
To foster civic pride in the history and architecture of the Township of Nutley;
G.
To promote appreciation of historic landmarks for the education, pleasure, and welfare of the local population;
H.
To encourage beautification and private reinvestment in historic landmarks and surrounding properties;
I.
To manage change of historic landmarks by encouraging sensitive alteration and/or new construction;
J.
To recognize the importance of historic landmarks by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter;
K.
To encourage the proper maintenance and preservation of historic settings and landscapes;
L.
To identify particular historic buildings, structures, sites, objects and improvements of significance to the Township of Nutley reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;
M.
To find historic buildings, structures, sites, objects and improvements associated with an historic personage(s) important in national, state or local history;
N.
To determine the site of an historical event which had a significant effect on the development of the nation, state or community;
O.
To identify historic buildings, structures, sites, objects and improvements which embody the distinctive characteristics of a type, period or method of architecture or engineering;
P.
To find historic buildings, structures, sites, objects and improvements that are representative of the work of an important builder, designer, artist or architect;
Q.
To locate historic buildings, structures, sites, objects and improvements significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation;
R.
To identify historic buildings, structures, sites, objects and improvements that are able or likely to yield information important in prehistory or history.
Whenever a hearing is required on an application for recommendation to be designated as an historic landmark by the Historic Preservation Committee, or for designation as an historic landmark by the Planning Board, notice must be given as follows:
A.
The Historic Preservation Committee shall send a letter to the Chairman of the Planning Board to request a hearing date with the Planning Board. An owner of the property being considered for historic landmark designation must be given at least 20 days' notice prior to the hearing by the Planning Board. Notice is to be made by letter sent by both certified and ordinary mail advising of the date, time and place of the hearing and the nature of the matters to be considered, an identification of the property proposed for designation as an historic landmark by street address, if any, or by reference to lot and block number as shown on the current tax record in the Municipal Tax Assessor's office. Notice to a partnership may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or any other person authorized by law to accept service on behalf of the corporation.
B.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
Each decision on any application for designation as historic landmark shall be set forth in writing as a resolution of the Planning Board, which shall include findings of fact and legal conclusions. A copy of the written decision or resolution shall be mailed by the Board within 10 days of the date of decision to the Historic Preservation Committee, to the President of the Nutley Historical Society and to the owner of the property and to all persons who have requested it and who have paid the fee prescribed by the Planning Board for such service. A copy of the decision shall also be filed with the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Publication shall be arranged by the Secretary of the Planning Board. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
The Committee shall have the responsibility to:
A.
Establish a regular schedule of meetings on a monthly basis if necessary but no less than on a quarterly basis;
B.
Prepare and/or maintain a survey of proposed historic landmarks of the Township so as to identify historic landmarks that are worthy of protection and preservation. The criteria for evaluating and designating historic landmarks shall be guided by the National Register of Historic Places;
C.
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the impact for preservation of historic landmarks of any other Master Plan elements;
D.
Advise and make recommendations on the designation of real property, man-made structures, natural objects or configurations or any portion or group of the foregoing for inclusion as a Township historic landmark and for inclusion in the New Jersey National Register of Historic Places which will be subject to final determination by the Planning Board;
E.
Advise the Planning Board and the Board of Adjustment on applications for development, when requested;
F.
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township;
G.
Review and make decisions regarding any certificates of appropriateness;
H.
Require that a photograph of every historic landmark be created by the Committee upon the adoption of this chapter or the subsequent designation of any historic landmark or the completion of work performed under any certificate of appropriateness which shall be part of the Committee's records, and part of the zoning department file.
Prior to the renovation of any property designated as an historic landmark, a certificate of appropriateness, issued by the Committee, shall be required before any exterior construction work is started on any historic landmark, whether or not a building permit is required for such work or unless the exterior construction work is determined to be exempt.
A.
A certificate of appropriateness is required:
(1)
To change the physical appearance of a structure exclusive of painting the structure;
(2)
For demolition of all or part of a structure;
(3)
For relocation of a principal or accessory structure; and
(4)
For any addition to or new construction of a principal or accessory structure.
B.
All applicants shall submit an application form accompanied by pictures, descriptions or other information about changes to the Construction Official for prompt distribution to the Committee. Applications for demolition shall include current and historical photographs of the structure.
C.
Anyone considering action that requires a certificate of appropriateness is encouraged to request an informal informational meeting with the Committee or its Chairman to review the design issues and standards of appropriateness prior to submitting a formal application for a certificate of appropriateness or for a determination of non-necessity. A request deemed complete by the Construction Official shall be submitted to the Committee Secretary and a meeting is to be scheduled within 45 days of said being deemed complete (unless time constraints are waived by the applicant).
D.
If the property owner fails to consent, the Committee shall hold a public hearing on all applications for a certificate of appropriateness if the Committee determines that the desired work is not exempt. The fee for such a hearing shall be $50.
E.
After the public hearing the Committee shall render a written determination on the application within 20 days of the hearing explaining the reasons for the decision (unless time constraints are waived by the applicant). The Construction Official shall notify the applicant of said determination in writing within five days. Should the Committee fail to report its decision within the twenty-day period (unless time constraints are waived by the applicant), the application will be deemed approved in favor of issuance of a certificate of appropriateness.
F.
Appeals from the
Historic Preservation Committee's decision may be made to the Planning Board, pursuant to §
410-4.2.
G.
A property owner shall post the certificate of appropriateness in a conspicuous spot on the exterior of the designated structure while work is in progress. A certificate of appropriateness shall be valid for two years. If demolition is permitted, the certificate of appropriateness shall be valid for one year and cannot be extended.
H.
The issuance of a certificate of appropriateness shall not affect the need for obtaining any other permit or approval for construction and complying with the requirements of any other law.