[HISTORY: Adopted by the Township Committee of the Township
of Chesterfield 10-27-2016 by Ord. No. 2016-12. Amendments noted where
applicable.]
This chapter shall be known and may be referred to by the short
title of "the Historic Preservation Ordinance of Chesterfield Township."
A.
There is hereby created in and for Chesterfield Township a Commission
to be known as the Historic Preservation Commission, referred to in
this chapter as "the Commission."
B.
In adopting this chapter, it is the intention of the Township Committee
to create an advisory board which will work with and advise the Planning
Board on the effect of development applications on designated historic
landmarks or improvements within a historic district. In addition,
the Commission shall review all development and permit applications
involving the exterior of a designated historic landmark or other
physical improvement within a 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 need not necessarily duplicate the exact style
of the landmark; but it must be compatible with and not detract from
the landmark.
D.
The boundaries of the Chesterfield Village and Crosswicks Village
National and State Register Historic districts are separate and distinct
from historic districts and landmarks that may be established according
to the criteria enacted by this chapter.
These historic preservation regulations are intended to effectuate
and achieve the protection, enhancement and preservation of distinctive
elements of the municipality's environment or character in order:
A.
To safeguard the heritage of Chesterfield Township by preserving
resources within the Township which reflect elements of its cultural,
social, economic, agricultural and architectural history.
B.
To encourage the continued use of historic landmarks and to facilitate
their appropriate reuse.
C.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or districts within Chesterfield Township.
D.
To stabilize and improve property values within the districts and
foster civic pride in the built environment.
E.
To promote appreciation of historic resources for education, pleasure
and the welfare of the local population.
F.
To encourage beautification and private reinvestment.
G.
To manage change by preventing alteration or new construction not
in keeping with the character of the districts.
H.
To discourage the unnecessary demolition of historic resources.
I.
To recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties in keeping with the requirements and standards of
this chapter.
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 and districts and to
invite and encourage voluntary compliance.
As used in this chapter, the following terms shall have the
meanings indicated.
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior architectural
appearance of any landmark.
The person designated by the Township Committee to handle
the administration of historic project review applications, as well
as the coordination of building permit applications, as referenced
in this chapter.
[Amended 6-13-2019 by Ord. No. 2019-11]
Any development activity which alters the exterior architectural
appearance of a historic landmark or any improvement within a historic
district.
Any work done on any improvement which (1) is not an addition
to the improvement and (2) constitutes a change by addition or replacement
in the exterior architectural appearance of an improvement.
A structure created to shelter human activity.
[Amended 6-13-2019 by Ord. No. 2019-11]
The certificate issued by the Administrative Officer required
prior to undertaking rehabilitation, restoration, renovation, alteration,
repair or demolition within a historic district or on an individually
designated historic structure and its accessory buildings or structures,
pursuant to this chapter. In all cases where the Planning Board has
jurisdiction over an application, the certificate shall operate as
an advisory recommendation to the Board.
Partial or total razing or destruction of any landmark or
of any improvement within a historic district.
The condition of being in need of repairs; a structure or
building in poor condition.
In addition to conducting reviews at its regularly scheduled
meetings, the Commission will conduct emergency review meetings, when
necessary. These emergency review meetings shall be held at the call
of the Chair, when any action requiring immediate consideration is
necessary. This action may include a review of temporary repairs of
historic properties and reviews of other items pertaining to safety
and the necessity for immediate and prompt action. The Chair shall
convene a meeting for these purposes by giving appropriate notice
in accordance with the Open Public Meetings Act,[1] and notifying the members of the Commission of the time,
date, and location of the emergency review meeting and the purpose
thereof. An emergency meeting is warranted when the requested work
or alteration can demonstrably be shown to be time sensitive.
[Added 6-13-2019 by Ord.
No. 2019-11]
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
and/or objects which viewed collectively:
Represent a significant period(s) in the development of the
Township; or
Have a distinctive character resulting from their architectural
style; or
Because of their distinctive character, can readily be viewed
as an area or neighborhood district from surrounding portions of the
Township. Resources within a historic district shall be classified
as either key, contributing, or noncontributing, which are defined
as:
"Key" shall mean any buildings, structures, sites or objects
which, due to their significance, would individually qualify for landmark
status.
"Contributing" shall mean any 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.
"Noncontributing" shall mean any 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.
"Historic landmark(s)" shall mean 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 Chesterfield Township
by reflecting or exemplifying the broad cultural, political, economic,
agricultural or social history of the nation, state or community;
or
Associated with the historic personages important in national,
state or local history; or
The site of a historic event which had a significant effect
on the development of the nation, state or community; or
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; or
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in pre-history
or history.
The advisory body appointed by the Township Committee under
the authority of N.J.S.A. 40A:63-7(d), but, for the purposes of this
chapter, performs the duties of a historic preservation commission
as identified in N.J.S.A. 40:55D-1 et seq.
A map of the Township depicting the appropriate tax block
and lots contained within the Historic District, and which shall be
marked to identify the location of designated historic landmarks,
historic landmark sites and historic districts.
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.
Any application for a certificate of appropriateness which
does not qualify as a minor application.
Any application for a certificate of appropriateness which
(a) does not involve the demolition or removal of a landmark or building
within the district or construction of an addition to a building,
or construction of a new structure in a historic district; or (b)
will not substantially affect the building's, structure's
or district's landmark designation.
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be by nature of 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 the same 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 materials having the same appearance.
The 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 and features of the property which
are significant to its historic, architectural, and cultural values.
[Added 6-13-2019 by Ord.
No. 2019-11]
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:
The act or process of replicating any historic or architecturally
defining exterior architectural feature with the same materials (or
with materials that satisfactorily simulate the appearance of the
original) in order to substitute for a feature that has been deteriorated
or extensively damaged.
The act or process of accurately depicting the form, features
and character of a historic property as it appeared at a particular
period of time by means of the removal of features inappropriate to
that period and the reconstruction of missing but appropriate features.
The limited and sensitive upgrading of mechanical, electrical and
plumbing systems and other code-required work to make properties functional
is appropriate within the scope of restoration activities.
The Secretary of Interior's Standards for the Treatment
of Historic Properties, as codified at 36 CFR Section 68, et seq.,
as amended.
[Added 6-13-2019 by Ord.
No. 2019-11]
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.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
The following regulations shall apply to all landmarks in a district and to any other historic resources which are designated in accordance with the procedures outlined in § 123-9.
All uses permitted for a historic landmark or for structures
within a historic district shall be those designated by the Township
Zoning Ordinance.[1] Such uses shall not be altered by further designation
as a historic district.
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 to preserve historic characteristics.
A.
The Historic Preservation Commission shall consist of five members
and two alternates who shall serve without compensation, except that
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 Township Committee for the Commission.
B.
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:
(1)
Class A: persons who are knowledgeable in building design and construction
or in architectural history.
(2)
Class B: persons who are knowledgeable or have a demonstrated interest
in local history.
(3)
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.
(4)
There shall be at least one member from each Class A and B; these
members may reside outside of the municipality. In making these appointments,
the governing body will seek to fill the Commission with a cross-section
of representation which will balance local interests and professional
expertise. Although not required by law, it is the preference of the
Township Committee that Class A and Class B membership also be filled
with residents from the municipality.
C.
Commission members shall be appointed by the Township Committee 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 (Alternate #1 and Alternate #2) shall initially
serve for a two-year and one-year term respectively and then for two-year
terms. All regular members may, at the expiration of their terms,
be eligible for appointment to four-year terms. Vacancies shall be
filled 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 may elect from its members a chairman and a vice chairman.
(2)
A quorum for the transaction of all business shall be three members.
(3)
Although Commission minutes and records are public records pursuant
to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., the Commission
may designate or elect a secretary (who need not be a member of the
Commission who shall keep minutes and records of all meetings and
proceedings, determinations, and decisions. All such material shall
be filed with the Township Clerk and Planning Board Administrative
Officer.
(4)
Commission meetings shall be scheduled at least once every month,
or as often as required to fulfill its obligations to advise the Planning
Board and/or Township Committee.
(5)
No Commission Member shall be permitted to act on any matter in which
he has either directly or indirectly any personal or financial interest.
(6)
The Township Attorney shall serve as the attorney to the Commission.
The Attorney shall not be required to attend meetings unless requested
by the Chairperson or the Township Committee to attend. The Attorney
shall be compensated through a contractual agreement with the Township
which may include establishment of an escrow with the applicant to
pay for such costs when services are rendered.
(7)
A member of the Chesterfield Township Committee shall be designated
as liaison between the Historic Preservation Commission and the Township
Committee.
E.
The Historic Preservation 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 Township Committee any additional sites to be designated as historic landmarks in accordance with the procedures established in § 123-9;
(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 Chesterfield
Township;
(4)
To advise the Planning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in § 123-11;
(5)
To review all proposed actions, including those involving building permit applications, which affect the exterior architectural appearance of historic landmarks or improvements within a historic district; to advise the Planning Board on the approval of said requests in accordance with the procedures established in § 123-12;
(6)
To review all proposed actions and applications for actions affecting the exterior architectural appearance of a historic landmark or an improvement within a historic district and to make recommendations to the Planning Board in accordance with the criteria outlined in § 123-13;
(7)
To assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation;
(8)
To advise the Township Committee 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;
(9)
To secure the voluntary assistance of the public and (within the
limits of the budget allocations established by the Township Committee
for the Historic Preservation Commission's operation) to retain
consultants and experts and incur expenses to assist the Historic
Preservation Commission in its work;
(10)
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;
(11)
To request the Township Committee 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;
(12)
To advise and assist the Planning Board during the preparation
and/or update of the historic preservation plan element of the Master
Plan;
(13)
To prepare and distribute a historic district guideline handbook
to be utilized for application reviews and foster appropriate rehabilitation
within the historic districts;
(14)
To consult with Chesterfield Township's Historical Society
on all matters pertaining to the protection of the Town's historic
resources;
(15)
To advise and assist property owners and other persons and groups
including neighborhood organizations who are interested in historic
preservation;
(16)
To undertake educational programs, including the preparation
of publications aimed at stimulating interest in and sensitivity to
historic preservation;
(17)
To report at least annually to the Township Committee on the
state of historic preservation in the Town and recommend measures
to improve same;
(18)
To collect and disseminate material on the importance of historic
preservation and techniques for achieving same;
(19)
To advise all municipal agencies regarding goals and techniques
of historic preservation;
(20)
To adopt and promulgate such regulations and procedures not
inconsistent with this chapter as are necessary and proper for the
effective and efficient performance of the duties herein assigned;
(21)
To perform any other lawful activities which shall be deemed
necessary to further the purposes of this chapter.
A.
The Commission shall consider for landmark designation any buildings,
structures, objects, sites and districts within the Township which
merit landmark designation and protection, possessing integrity of
location, design, setting, materials, workmanship or association and
being:
(1)
Of particular historic significance to Chesterfield Township by reflecting
or exemplifying the broad cultural, political, economic, agricultural
or social history of the nation, state, or community; or
(2)
Associated with historic personages important in national, state,
or local history; or
(3)
The site of a historic event which had a significant effect on the
development of the nation, state, or community; or
(4)
An embodiment of the distinctive characteristics of a type, period,
or method of architecture or engineering; or
(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; or
(7)
Able or likely to yield information important in prehistory or history.
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 § 123-9A, a description of the Chesterfield Township Historic Preservation Ordinance, the landmark's location and boundaries, photographs and map siting the landmark. 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 Township
Committee, the Planning Board and the municipal Clerk, and a notice
of the action published by the Commission secretary in an official
newspaper of the municipality. The published notice shall state the
Commission's recommendations and also that final designation
shall be made by the Township Committee at a public meeting specified
on a date not less than 15 nor more than 45 days from the date of
publication. The Township Committee 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 the Municipal Land Use Law.
D.
Copies of the designation list and Historic District 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.
HPC review required. All permits and development applications involving activities that affect a historic landmark or an improvement within a historic district shall be reviewed by the Commission prior to the issuance of any construction, zoning, or other permits, except as set forth in § 123-10B. Such review shall be required for the following actions:
(1)
Demolition of a historic landmark or of an improvement within a historic
district;
(2)
Relocation of any improvement within a historic district or of any
historic landmark;
(3)
All changes in the exterior architectural appearance of any improvement
within a historic district or of any historic landmark by addition,
alteration or replacement;
(4)
Any new construction of an improvement in a historic district;
(5)
Site plans or subdivisions affecting a historic landmark or an improvement
within a historic district;
(6)
Zoning variances affecting a historic landmark or an improvement
within a historic district. In making a recommendation on an application,
the Commission shall endeavor to balance the legitimate needs of the
applicant with the goals of this chapter in making its recommendations.
Before an applicant formally submits his plans, he may bring same
to the Commission for informal review and comment.
B.
Emergency reviews.
[Amended 6-13-2019 by Ord. No. 2019-11]
(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 applicable 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 § 123-13 and the guidelines for review of applications as adopted by the Planning Board in accordance with § 123-8.
(2)
For changes to the interior of structures.
C.
Minor applications.
[Amended 6-13-2019 by Ord. No. 2019-11]
(1)
In the case of a referral by the administrative officer of a minor
application for the issuance of a permit pertaining to historic sites,
or of property in historic districts, the Chairman of the Commission
may act in the place of the full Commission for purposes of this section.
Likewise, in the case of a minor application, the Chairman of the
Planning Board, or a subcommittee of the Planning Board may act in
place of the full board. All deliberations and actions on minor application
shall be reported and entered into the record at the following Commission
meeting.
A.
For all applications presented to the Planning Board and which affect a historic landmark or an improvement within a historic district, the property owner shall submit a historic landmark project review application to the Planning Board along with the request for the Board's approval. 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 § 123-12.
B.
The Planning Board will forward to the Commission a complete set
of all application materials, as well as the historic landmark project
review application. The Commission shall be allowed at least 14 days
from the day it receives a complete application to prepare its recommendations
to the Planning Board. Said recommendations shall be in the form of
a written report which will be forwarded to the Planning Board.
[Amended 6-13-2019 by Ord. No. 2019-11]
A.
In conjunction with all applications presented to the Planning Board
for site plan, subdivision or variance approval(s) that relate to
land, buildings or structures within the established historic districts
or for any buildings, structures, sites or objects designated as a
historic landmark pursuant to this chapter, an applicant shall also
submit a copy of such application to the Historic Preservation Commission
for review. Such an application shall solely pertain to the proposed
development review.
B.
The application shall be scheduled for review by the Historic Preservation
Commission at its next regular scheduled meeting, and preferably before
it is scheduled to be heard by the Planning Board. Upon completion
of its review, the Commission shall forward a report of its findings
to the Planning Board recommending an approval (with or without conditions)
or recommending denial. The recommendations shall be in the form of
a written report conveyed to the Planning Board. The report shall
also set forth the reasons for the specific recommendations based
upon the criteria contained in this chapter and also the Secretary
of the Interior's Standards.
C.
The Historic Preservation Commission may provide its advice through
the Commission's delegation of one of its members or staff to
testify orally at the hearing on the application and to explain any
technical comments or recommendations as outlined in the written report.
D.
The Commission's recommendations shall focus on how the proposed
undertaking would affect a landmark's historic or architectural
significance, and shall be guided by the documents submitted by the
applicant, the standards and design criteria for review of applications
established in this chapter, and the Secretary of the Interior's Standards.
E.
The Planning Board shall not take action on any development application
request affecting a historic landmark or an improvement with a designated
historic district without first reviewing and giving significant weight
and consideration to the Commission's recommendations. In considering
the Commission's recommendations, the Planning Board shall also
be guided by the review criteria established by this chapter and the
Secretary of the Interior's Standards.
[Amended 6-13-2019 by Ord. No. 2019-11]
A.
Applications for demolition. Upon receipt of an application for a
demolition permit, the Construction Code Officer shall immediately
refer same to the Commission for comment.
(1)
The Commission shall first consider whether preservation of the historic
landmark in place is feasible or, failing that option, whether preservation
of the historic landmark at another location is feasible and practical.
In determining whether preservation of the historic landmark in place
is feasible, the following factors shall be considered:
(a)
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.
(b)
Its status with regard to the New Jersey and National Registers
of Historic Places; i.e., whether it is individually listed or eligible
to be listed; whether it is a part of a registered or eligible historic
district, and whether, within that district, it is a key, contributing
or noncontributing building.
(c)
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 difficulty.
(d)
The extent to which its retention would promote the general
welfare by maintaining and increasing real estate values, generating
business, creating new jobs, attracting tourists, students, writers,
historians, artists and artisans, attracting new residents, encouraging
study and interest and studying architecture and design, educating
citizens in American culture and heritage or making the municipality
a more attractive and desirable place in which to live.
(e)
The probable impact of its removal upon the ambience of the
historic district, if it is within a historic district.
(f)
Whether the site contains any extant archaeological resources.
(g)
Whether the historic landmark represents the last or best remaining
example of its kind in the Township that possesses research potential
or public education values.
(h)
Whether the historic landmark can be preserved by protecting
its location from disturbance.
(i)
Whether redesign of the development proposal to avoid impact
can result in the preservation of the building or structure in question.
(j)
The historic, architectural, aesthetic and social significance
of the structure or building and/or importance and uniqueness to the
Township and the extant archaeological resources.
(k)
Whether protective measures will result in the long-term preservation
of the historic landmark.
(l)
Whether the steps necessary to preserve the historic landmark
are feasible and practical.
B.
In the event that the Commission determines that preventing demolition is not feasible and recommends that the demolition of a listed or contributing historic landmark be approved, the Commission shall be allowed to invoke the procedures set forth in § 123-14C.
C.
Alterations and additions.
(1)
The following factors shall be considered for an application for
alterations and/or additions affecting an individually designated
historic landmark, site or a building or structure within a designated
historic district:
(a)
Design and materials. The proposed design and materials shall
conform to the building's original architectural style.
(b)
Original qualities. The distinguishing original qualities or
character of a building, structure, or site and its environment shall
not be destroyed. The removal of alteration of any historic material
or distinctive architectural features shall be avoided.
(c)
Acquired significance. Changes that have taken place in the
course of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
(d)
Repair versus replacement. Deteriorated architectural features
(e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired
rather than replaced, wherever possible using the Secretary of the
Interior's standards for rehabilitation and appropriate guidelines
developed in keeping with these standards by the National Park Service.
In the event replacement is necessary, the new material should match
the material replaced in composition, design, color, texture, and
other visual qualities. Repair or replacement of missing architectural
features should be based on accurate duplications of features substantiated
by historic, physical, or pictorial evidence rather than conjectural
designs or the availability of different architectural elements from
other buildings or structures.
(e)
Design of alterations or additions. Contemporary design for
alterations and additions to existing properties shall not be discouraged
when such alterations and additions do not destroy significant historic,
architectural, or cultural material and such design is compatible
with the size, scale, color, material, and character of the property,
neighborhood, or environment. The proposed addition cannot exceed
more than 25% of the total above-grade enclosed and livable square
footage of the existing building or structure.
(f)
Character of alterations. Wherever possible, new additions and
alterations to buildings or structures shall be done in such a manner
that if such additions or alterations were to be removed in the future,
the essential form and integrity of the structure would be unimpaired.
(g)
Window and door openings.
[1]
Size, location and style. The number, size and locations of
original window and door openings shall be retained. Window and door
openings shall not be reduced to fit stock material. New window and
door openings shall not be added on elevations that are subject to
view from a public street. The replacement window or door shall be
of the same style and type that was originally used on the building
or structure.
[2]
Metal windows. Where appropriate to the building or structure
in question, metal windows shall be permitted to match the metal windows
which were used when the building or structure was originally built.
[3]
Key buildings. Fiberglass-clad, vinyl-clad and aluminum-clad
windows and doors are not acceptable on key buildings. New wood windows
and doors shall be historically and architecturally correct for the
building or structure.
[4]
Contributing buildings. Fiberglass-clad, vinyl-clad and aluminum-clad
windows and doors are not acceptable on the front facades of contributing
buildings. Nonwood surfaced window sashes, frames and doors and door
frames may be used on side and rear exposures of low public visibility
on contributing buildings that were originally wood windows and doors
when the substitute windows and doors are similar in design, width,
height and texture to the original wood windows or doors and will
not endanger the physical condition and structural life of the building
or structure. Pure vinyl windows are not permitted.
[5]
Noncontributing buildings. Nonwood surfaced window sashes, frames
and doors are acceptable as replacement windows or doors on noncontributing
buildings. Pure vinyl windows are not permitted.
[6]
Trim and adornments. Architectural trim and adornments must
be retained. Wrapping and/or packing-out of wood frames of windows
and doors is specifically not permitted.
D.
New construction.
In regard to an application for new construction on vacant lots or
replacements affecting a historic landmark or site within a 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.
(10)
Rehabilitation: Supplemental design guidelines which should
be considered in evaluating the appropriateness of changes to a historic
landmark or within a historic district are as follows:
(a)
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.
(b)
Walls of continuity. Appurtenances of a building such as walls,
open type fencing, evergreens, 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.
(c)
Exterior features. A structure's related exterior features
such as lighting, fences, signs, sidewalks, driveways, and parking
areas shall be compatible with the features of those structures to
which it is visually related, and shall be appropriate for 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. It is not the intent
of this chapter to discourage contemporary architectural expression
or to encourage new construction which emulates existing buildings
of historic or architectural interest or of a certain period or architectural
style; but rather 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 a historic district, the following matters
shall be considered:
[1]
Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 123-4.
[2]
If it is within a 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.
[3]
Its potential for use for those purposes currently permitted
by the Zoning Ordinance.
[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 a 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 a 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 § 123-14B.
[5]
The probability of significant damage to the landmark or structure
itself.
[6]
If it is to be removed from Chesterfield Township, 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 or Planning Board in accordance with the procedures in §§ 123-11 and 123-12 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 a 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 a historic district
which was the subject of the denied application.
C.
The Planning Board, upon affirmative vote of a majority of its full
membership, may postpone demolition of a landmark for up to four months,
with the right to extend said postponement for an additional four
months, if needed and warranted. The Commission and the Planning Board
may utilize this time period to consult with the Burlington 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 a 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 Township Committee
initiate such actions as may lead to the preservation of the premises
within the four-month (or extended) hiatus. 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:
(1)
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.
(2)
Assessed value of the land and improvements thereon according to
the most recent assessment.
(3)
For depreciable properties, a pro forma financial statement prepared
by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection with his purchase
or financing of the property, or during his ownership of the property.
(5)
Bona fide offer of the property for sale or rent, price asked and
offered received, if any.
(6)
Any consideration by the owner as to profitable, adaptive uses for
the property. 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. 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. During the demolition,
either members of the Commission or Burlington County Historical Society
shall be present to save, protect, and/or receive valuable parts of
the building. There shall be an 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.
The granting or denial of approval for a building permit by the Construction
Official may be appealed 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.
E.
As a condition to the issuance of a permit to demolish a historical
landmark, the Commission may require reasonable actions be taken,
at the owner's expense, to document the exterior of the historic
building, including defining physical features and design elements.
Such actions may include, but are not limited to, photographic documentation
by a professional photographer experienced in historic preservation,
architectural drawings, and computer aided drafting.
[Added 11-8-2018 by Ord.
No. 2018-22]
[Amended 6-13-2019 by Ord. No. 2019-11]
A.
Any person who shall undertake an activity which would cause a change
in the exterior architectural appearance of any improvement within
a historic district or, of any historic landmark, by addition, alteration,
or replacement without first obtaining the approval of the Historic
Preservation Commission shall be deemed to be in violation of this
section.
B.
Any person who shall undertake any new construction within a historic
district, or on property containing any historic landmark, without
first obtaining the approval of the Historic Preservation Commission
shall be deemed to be in violation of this section.
C.
Upon learning of a violation of this section, 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.
D.
Any person who violates § 123-16A or § 123-16B, 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 pre-activity 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 § 123-16C hereof. Such injunctive relief shall be in addition to the penalties authorized under § 123-16G hereof.
E.
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.
F.
The Historic Preservation 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 section.
A.
No duties or powers of the Commission shall supersede or infringe
on the powers of other municipal statutory boards or bodies.
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.
D.
Repealer. Any and all ordinances inconsistent with the terms of this
chapter are hereby repealed to the extent of any such inconsistencies.
E.
Effective date. This chapter shall take effect upon proper passage
in accordance with the law.
