[HISTORY: Adopted by the Township Committee
of the Township of East Amwell 4-26-1990 by Ord. No. 90-06. Amendments
noted where applicable.]
This chapter shall be known and may be referred
to by the short title of the "Historic Preservation Ordinance of the
Township of East Amwell."
A.Â
There is hereby created in and for the Township of
East Amwell a committee to be known as "The Historic Preservation
and Heritage Advisory Committee," referred to in this chapter as "The
Committee."
B.Â
In adopting this chapter, it is the intention of the
East Amwell Township Committee (EATC) to create an agency which will
work with and advise the Planning Board, as well as the EATC, on the
effect of development applications within any designated historic
districts. In addition, the Committee shall review all major development
activities involving a historic location, the exterior of a historic
landmark or an improvement within a historic district. The Committee's
reviews shall be based on objective criteria and will complement existing
land use and construction codes. The guidelines established, while
compatible with both the Municipal Land Use Law N.J.S.A. 40:55D-1
et seq., and the Uniform Construction Code Act N.J.S.A. 52:27D-119
et sq., shall be viewed as having an independent basis under N.J.S.A.
40:48-2.
[Amended 3-8-2018 by Ord.
No. 18-02]
C.Â
This chapter does not require or prohibit any particular
architectural style; rather its purpose is to preserve the past by
making the past compatible with and relevant to the present. To that
end, new construction upon or near a landmark should not necessarily
duplicate the style of the landmark; it must be compatible with and
not detract from the landmark.
These historic preservation regulations are
intended to effect and accomplish the protection, enhancement and
perpetuation of especially noteworthy examples or elements of the
township's environment in order:
A.Â
To safeguard the heritage of East Amwell (EA) by preserving
resources within the township which reflect elements of its cultural,
social, economic and architectural history.
B.Â
To encourage the continued use of historic landmarks
and to facilitate their appropriate use.
C.Â
To maintain and develop an appropriate and harmonious
setting for the historic and architecturally significant buildings,
structures, site objects or districts within EA.
D.Â
To stabilize and improve property values within the
district and foster civic pride in the built environment.
E.Â
To promote appreciation of historic landmarks for
education, pleasure and the welfare of the local population.
F.Â
To spur beautification and private reinvestment.
G.Â
To manage change by educating applicants regarding
alterations to historic structures or new construction in historic
locations or districts.
H.Â
To discourage the unnecessary demolition of historic
resources.
I.Â
To recognize the importance of individual historic
landmarks located outside historic districts by assisting property
owners and tenants in understanding the requirements and standards
of this chapter.
J.Â
To encourage the proper maintenance and preservation
of historic settings and landscapes.
K.Â
To encourage appropriate alterations of historic landmarks.
L.Â
To enhance the visual and aesthetic character, diversity,
continuity and interest in the town.
M.Â
To promote the conservation of historic sites, including
historic farmsteads and districts, and to invite 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 EATC to handle the administration
of historic project review applications as well as the coordination
of building permit applications as referenced in this chapter.
Any major 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 is not an addition
to the improvement and constitutes a major change by addition or replacement
in the exterior architectural appearance of any improvement.
A structure created to shelter human activity.
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 a dilapidated state.
A geographically definable area, urban or rural, small or
large, possessing a significant concentration, linkage or continuity
of sites, buildings, structures and or objects which, viewed collectively:
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 distinct from surrounding portions
of the township.
Resources within a historic district shall be
classified as either significant, contributing, or noncontributing,
which are defined as:
SIGNIFICANTAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.
Any buildings, structures, sites objects or districts which
possess integrity of location, design, setting, materials, workmanship
and association and which have been determined, pursuant to the terms
of this chapter, to be:
Of particular historic significance to EA by
reflecting or exemplifying the broad cultural, political, economic
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 of an 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 created by this chapter which is not, however,
a historic preservation commission under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
[Amended 9-13-2001 by Ord. No. 01-19]
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment.
Repairing any deterioration, wear or damage to a structure,
or any part thereof, in order to return 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.
A zoning district made up of underlying zone districts or
parts of zone districts as shown on the Township Zoning Map.[1] An overlay zone district establishes certain standards
with the exception of bulk and use requirements, which are established
by the underlying zone district(s).
Any work done on any improvement which:
Major repairs affecting the exterior architectural appearance
of a structure when a building permit is required for the same.
To partially or completely remove a structure substantially
intact.
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 archaeological significance. It may also be
a farmstead which would typify the working farm environment.
Any man-made work arranged in a definite pattern of organization.
A zoning district which forms a constituent part of an overlay
zone district. Underlying zone districts control bulk and use requirements.
[2]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 § 86-9.
All uses permitted for a historic landmark or
for structures with a historic district shall be those designated
by the official Zoning Map. Such uses shall not be altered by further
designation as a historic district.
[Amended 3-8-2018 by Ord.
No. 18-02]
The maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in Chapter 92, Land Management, for the respective zones, except that the Planning Board may grant variances and waivers from such regulations where necessary to preserve historic characteristics.
A.Â
The Historic Preservation and Heritage Advisory Committee
shall consist of nine members and two alternates who shall serve without
compensation, except that the Committee 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 or heritage studies,
within the guidelines of the budget established by the EATC.
[Amended 6-13-1991 by Ord. No. 91-05; 2-13-1992 by Ord. No. 92-02]
B.Â
Membership.
(1)Â
The Committee 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 Committee shall represent the following categories:
(a)Â
Class A: persons who are knowledgeable in building
design and construction or in architectural history.
(b)Â
Class B: persons who are knowledgeable or have
a demonstrated interest in local history.
(c)Â
Class C: persons who are residents of the township
and who hold no other municipal office, position or employment except
for membership on the Planning Board.
[Amended 3-8-2018 by Ord.
No. 18-02]
(2)Â
There shall be at least one member from each Class
A and Class B; these members may reside outside of the municipality.
C.Â
Committee 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 shall initially serve for two-year
terms. All members may, at the expiration of their terms, be eligible
for appointment to four-year terms. If a Committee member is also
a Planning Board member, the term of office as a Committee member
is the same length as the other board position. Vacancies shall be
filled in the same manner in which the previous incumbent was appointed,
and such vacancy appointment shall be only for the balance of the
unexpired term.
[Amended 3-8-2018 by Ord.
No. 18-02]
D.Â
The Committee shall adopt internal rules and procedures
for the transaction of its business, subject to the following:
(1)Â
The Committee shall elect from its members a Chair
and Vice Chair.
(2)Â
A quorum for the transaction of all business shall
be three members.
(3)Â
All Committee minutes and records are public records
and all Committee meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-7 et seq.).
(4)Â
The Committee shall employ, designate or elect a secretary
who need not be a member of the Committee. The secretary shall keep
minutes and records of all meetings and proceedings, including voting
records, attendance, resolutions, findings, determinations and decisions.
All such material shall be made public record.
(5)Â
Committee meetings shall be scheduled at least once
every month, or as often as required to fulfill its obligations to
advise the Planning Board and Township Committee.
[Amended 3-8-2018 by Ord.
No. 18-02]
(6)Â
No Committee member shall be permitted to act on any
matter in which he or she has either directly or indirectly any personal
or financial interest.
(7)Â
A member of the EATC shall be designated as liaison
between the Historic Preservation and Heritage Advisory Committee
and the Township Committee.
E.Â
The Committee shall be responsible:
(1)Â
To review historical 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)Â
To recommend to the Planning Board and the EATC any additional sites to be designated as historic landmarks in accordance with the procedures established in § 86-9.
(3)Â
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 Committee shall, in accordance
with the state's CLG guidelines, review and comment on all State and
National Register nominations for historic resources within the Township
of East Amwell.
(4)Â
To recommend to the Planning Board guidelines for
review to be utilized in determinations of historic landmark status
and for review of projects affecting historic landmarks or improvements
within historic districts. The Planning Board may recommend modifications
to the guidelines and shall make the final decisions as to their adoption.
(5)Â
To advise the Planning Board on how development and
zoning applications affect historic landmarks.
[Amended 9-13-2001 by Ord. No. 01-19; 3-8-2018 by Ord. No. 18-02]
(6)Â
To review all major 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.
[Amended 9-13-2001 by Ord. No. 01-19]
(7)Â
To review all major 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.
[Amended 9-13-2001 by Ord. No. 01-19]
(8)Â
To assist other public bodies in aiding the public
in understanding historic resources' significance and methods of preservation.
(9)Â
To advise the EATC 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 therefor securing state, federal and other grants-in-aid to assist
therein and monitoring such projects once underway.
(10)Â
To secure the voluntary assistance of the public and
(within the limits of budget established by the EATC) to retain consultants
and experts and incur expenses to assist the Committee in its work.
(11)Â
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.
(12)Â
To request the EATC 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.
(13)Â
To advise and assist the Planning Board during the
preparation and/or update of a historic preservation plan element
of the Master Plan and capital improvement program.
(14)Â
To prepare and distribute a historic district guideline
handbook to be utilized for application reviews and foster appropriate
rehabilitation within the historic districts.
(15)Â
To consult with the Hunterdon County Historic Society
on all matters pertaining to the protection of the township's historic
resources.
(16)Â
To advise and assist property owners and other persons
and groups including neighborhood organizations who are interested
in historic preservation.
(17)Â
To undertake educational programs, including the preparation
of publications aimed at stimulating interest in and sensitivity to
historic preservation and the placing of historic markers on structures
and locations.
(18)Â
To report at least annually to the EATC on the state
of historic preservation in the town and recommend measures to improve
same.
(19)Â
To collect and disseminate material on the importance
of historic preservation and techniques for achieving same.
(20)Â
To advise all municipal agencies regarding goals and
techniques of historic preservation.
(21)Â
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.
(22)Â
To perform any other lawful activities which shall
be deemed necessary to further the purposes of this chapter.
A.Â
The Committee shall consider for landmark designation
any buildings, structures, objects, sites and districts within EA
which merit landmark designation and protection, possessing integrity
of location, design, setting, materials, workmanship or association
and being:
(1)Â
Of particular historic significance to EA by reflecting
or exemplifying the broad cultural, political, economic, or social
history of the nation, state, or community, or
(2)Â
Associated with historic personages important in national,
state, or local history; or
(3)Â
The site of a historic event which had a significant
effect on the development of the nation, state, or community; or
(4)Â
An embodiment of the distinctive characteristics of
a type, period, or method of architecture or engineering; or
(5)Â
Representative of the work of an important builder,
designer, artist or architect; or
(6)Â
Significant for containing elements of design, detail,
materials, or craftsmanship which represent a significant innovation;
or
(7)Â
Able or likely to yield information important in prehistory
or history; or
(8)Â
Representative of farming activities which have been
a significant part of EA's history.
B.Â
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Committee 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 § 86-9A, a description of the landmark's location and boundaries, and a map siting. The Committee shall, by certified mail:
C.Â
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 Committee 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 Committee shall then submit its recommendations
to the Planning Board which shall determine resources to be designated
as local landmarks.
D.Â
The Committee shall prepare a concise report of its
recommendations for sites to be designated as local landmarks. Copies
of the report shall be delivered to the Planning Board and the Municipal
Clerk and a notice of the action published by the Committee secretary
in an official newspaper of the town. The published notice shall state
the Committee's recommendations and also state that final designation
shall be made by the Planning Board at a public meeting specified
on a date not less than 15 nor more than 45 days from the date of
publication.
E.Â
Final determination that landmark status exists shall be made by the Planning Board in accordance with § 86-9B. Such a final determination by the Planning Board shall create landmark status. A certificate of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status, the Planning Board shall, by certified mail, notify the owner of the property involved of the determination and advise him or her of his or her rights with respect to an appeal of said determination to EATC. The Committee or a member of the public may seek to appeal the status directly to the EATC upon giving notice of objecting thereto to the owners and persons of record and the Planning Board. Such appeal shall be made within 45 days of the Planning Board's determination, and the EATC shall have the power to either affirm, modify or vacate the decision of the Planning Board as it deems proper.
F.Â
After Planning Board review and approval, the Committee shall submit the list of designated landmarks and a map to the Municipal Clerk for filing. The EATC 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 in which it was adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the municipal Master Plan and Chapter 92, Land Management, as required by state enabling legislation.
G.Â
Copies of the designation list and official map as
adopted shall be made public and distributed to all municipal agencies
reviewing development applications and building permits. A certificate
of designation shall be served by certified and regular mail upon
each owner included on the list, and a true copy thereof shall be
filed with the County Clerk for recording in the same manner as a
certificate of lien upon real property.
No duties or powers of the Committee shall supersede
or infringe on the powers of other township boards and committees.
