The purposes of this district are as follows:
A.
To safeguard the heritage of the Township of Florence
by preserving that portion which reflects elements of its cultural,
social, economic and architectural history.
B.
To maintain and develop an appropriate and harmonious
setting for the architecturally significant historic buildings, structures
and places within the affected portion of the Township.
C.
To stabilize and improve upon property values.
D.
To foster civic beauty and continuity with the historic
area.
E.
To promote the uses of the Historic District for the
pleasure, education and welfare of the inhabitants of and visitors
to the district.
Permitted uses in the H District shall be the
same uses as are allowed in those districts which comprise the Historic
District; provided, however, that no building or structure shall be
erected, reconstructed, substantially altered, changed or restored
until the Planning Board approves site plans therefor.
A.
In adopting this Article, it is the intention of the
Township Council to create a Historic Preservation Commission to serve
in an advisory capacity for certain matters before the Township Planning
Board affecting the Historic District of the Township and to assist
the Township Zoning Board of Adjustment in a reviewing/adjudicatory
capacity for certain matters concerning regulation of construction
and land use in the Historic District of the Township.
B.
With respect to applications before the Planning Board
and Zoning Board of Adjustment, which applications relate to new construction,
land use or demolition of structures or the construction, alteration
or relocation of a sign, within the Historic Preservation Zone, the
applications shall be initially referred to the Historic Preservation
Commission as required by the Municipal Land Use Law[1] and this chapter. In considering such applications, the
Commission and the Boards shall be guided by the documents referred
to and the standards set forth herein.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Responsibilities. There is hereby created a Historic
Preservation Commission in order to carry out the responsibilities
set forth in this Historic District Preservation Ordinance and N.J.S.A.
40:55D-107 through 40:55D-111, inclusive.
B.
Membership. The Commission shall consist of seven
regular members and two alternate members. The members shall be divided
into three classes as follows:
(1)
Class A: A person who is knowledgeable in building
design and construction or architectural history and who may reside
outside of Florence Township.
(2)
Class B: A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside of Florence Township.
(3)
Class C: Citizens of Florence Township who shall hold
no other municipal office, position or employment except that they
may have membership on the Township's Planning Board or Zoning Board
of Adjustment.
C.
Appointment and terms.
(1)
The members of the Commission shall serve without
compensation. Of the regular members, a total of at least three shall
be of Classes A and B and there shall be at least one Class A and
one Class B member. Those regular members who are not designated as
Class A or B shall be designated as Class C. Alternate members shall
meet the qualifications of Class C members. The Mayor shall appoint
all members of the 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". The Mayor, prior to making the appointment
of seven members to the Commission, shall elicit recommendations for
membership from the Roebling Historical Society and the Florence Township
Historical Society, provided that these organizations exist, the general
public and other interested individuals or groups. At least two of
the seven members shall be property owners in the Historic District.
(2)
The terms of the members first appointed under this
subsection 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 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 other than by expiration of term shall
be filled for the unexpired term only. A term of a Planning Board
member or a Zoning Board member shall coincide with the term of such
member on the Planning Board or Zoning Board. Vacancies shall be filled
in the same manner as the original appointment and shall be only for
the balance of the unexpired term.
(3)
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.
D.
Conflicts of interest and removal.
(1)
No member may act on any matter in which the member
has any personal or financial interest, either directly or indirectly.
(2)
A member may be removed by the Township Council for
cause. Prior to such removal, the Township Council shall conduct a
hearing if so requested, in writing, by the member within 10 days
of notice of intention to remove.
E.
Officers, staff and expenditures.
(1)
The Commission shall elect a Chairperson and Vice
Chairperson from its members and select a Secretary, who may or may
not be a member of the commission or a municipal employee, to keep
a record of the proceedings before the Commission, which shall include
the voting records of the members, their attendance, resolutions acted
upon by the Commission and any of its findings, determinations and
decisions.
(2)
At least four members of the Commission shall constitute
a quorum for the transaction of its business.
(3)
The Commission shall adopt rules for the transaction
of its business, which rules shall provide for the time and place
of holding regular meetings and for the calling of special meetings
by the Chairperson or at least three members of the Commission. All
meetings of the Commission shall be governed by the New Jersey Open
Public Meetings Act.[1] Any matter not covered by the Commission's adopted rules
or by statute shall be governed by Robert's Rules of Order.
[1]
Editor's Note: N.J.S.A. 10:4-1 et seq.
(4)
The Township Council shall provide for a Commission
in its budget and shall appropriate such funds for the expenses of
the Commission as the Township Council, in its sole discretion shall
determine, pursuant to N.J.S.A. 40:55D-108. The Commission may employ,
contract for and fix the compensation of experts and other staff and
services as it shall deem necessary, except that the Commission shall
obtain its legal counsel from the Township Solicitor at the hourly
rate of compensation set forth in the Township Solicitor's contract
with the municipality. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the Township Council for the Commission's use.
F.
Powers of the Commission. In addition to powers established
in N.J.S.A. 40:55D-109, the Commission shall have the power to:
(1)
Make recommendations to the appropriate individuals and/or reviewing boards on pending development applications involving new construction, demolition of structures or the construction, alteration, relocation or demolition of signs which affect landmarks or historic sites through the issuance or denial of certificate of appropriateness, pursuant to Subsection F.
(2)
Recommend, as circumstances warrant, amendments to
the list of landmarks specified in the community facility plan, amendments
to the Historic District Map or the creation of new historic districts
to the appropriate governmental body charged with the responsibility
of implementing those recommendations.
(3)
Report at least annually to the Planning Board and
the Township Council on the state of historic preservation in Florence
and make recommendations to improve it.
(4)
Prepare and distribute material on the importance
of historic preservation and techniques for achieving same and purpose
of the Historic Preservation Commission.
(5)
Advise all Township agencies regarding goals and techniques
of historic preservation.
(6)
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 expressed herein.
(7)
Promulgate guidelines for financial assistance eligibility
for those persons who voluntarily participate in the Historic Preservation
Program.
A certificate of appropriateness, issued by
the Commission, shall be required before (1) action on any development
approval by the Planning Board or the Zoning Board of Adjustment on
an application for development involving new construction, demolition
of structures or the construction, alteration, relocation or demolition
of signs in the Historic District or affecting a Historic Site or
landmark, which requires the issuance of a building, demolition or
sign permit, before the commencing of work at a historic site, where
the permit or work involves any of the following activities:
A.
Demolition or relocation involving a historic site.
B.
An addition or alteration to a historic site which
changes its appearance.
C.
New construction of any building or structure at an
historic site.
D.
Erection, alteration, location, relocation, construction,
reconstruction, maintenance or change to any sign located on a historic
site.
A.
Application. Prior to the issuance of a building, demolition or sign permit or the commencement of work involving any of the activities required under § 91-254, the person charged with the issuance of such permit shall determine whether approval by the Commission is required. If such approval is required, a property owner or an applicant for a permit shall make application to the Commission, on forms approved by it, for a certificate of appropriateness, and the property owner or applicant for a permit shall file a properly completed application and pay all appropriate fees to the Administrative Officer. The Administrative Officer shall schedule consideration of the matter at the next available Commission meeting, which shall be no earlier than 10 days nor later than 30 days after the date a complete application is submitted. Applications need not be submitted where the matter has been referred to the Historic Commission by the Planning Board or Zoning Board of Adjustment.
B.
Contents of applications. The applicant shall submit
an application form, including architectural drawings and plans prepared
by a New Jersey licensed architect, photographs, sign designs and
other information required to be submitted under the regulations adopted
by the Commission, which regulations shall establish what documents
shall be filed in order for the application to be deemed complete.
C.
Time limitations. The Commission shall have 45 days
from the date of the submission or resubmission of a complete application
to act upon the application. If the Commission does not act upon the
application within the time period provided, the application shall
be deemed to have been approved and the certificate of appropriateness
granted without condition. The time periods provided may be extended
by mutual agreement between the applicant and the Commission.
D.
Approval or denial. The Commission may either approve
the application as submitted, deny the application as inconsistent
with the standards contained within this chapter or approve the application
with those conditions which the Commission finds are appropriate to
impose in order to carry out the intent and purpose of this chapter.
The action of the Commission on any application shall be done by written
resolution setting forth the findings of fact and conclusions of law
upon which its decision rests, and the Commission shall issue, not
issue or conditionally issue the certificate of appropriateness as
may be determined.
E.
Sign application. Any person seeking a building permit
to construct, alter, repair, move or demolish a sign on an historic
site shall be required to receive a certificate of appropriateness
from the Commission. The Administrative Officer shall review all preapplication
forms involving signs with the criteria used in this section and classify
them accordingly, with the same provisions applying.
A.
It is intended that demolition of historic sites shall
be discouraged, as their loss will be a common loss to the Township
of Florence and the neighborhood. Moving a historic site would be
encouraged only as the last resort as an alternative to demolition,
if there is no other way to save the historic site.
B.
It is also the intent of this section that the Commission
shall review plans for new construction so that this construction
is compatible with existing structures in the neighborhood. It is
not intended that new construction be a copy of a particular historic
period or style, but rather be compatible in the use of materials,
scale, color, size, design and setback.
A.
In regard to an application involving issuance of
a demolition permit affecting a historic site, the following matters
shall be considered:
(1)
Its historic, architectural and social significance.
(3)
Its importance to the Township 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 produced only with great difficulty.
(5)
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 and new residents; encouraging
study and interest in American history; stimulating study in architecture
and design; educating citizens in American culture and heritage; and
making the Township a more attractive and desirable place in which
to live.
(6)
If it is within a Historic District, the probable
impact of its removal upon the ambiance of the Historic District.
(7)
The health and safety of the public.
B.
If a property owner shows the Commission that a historic
site is capable of earning economic return on its value, as appraised
by a qualified real estate appraiser, the Commission may delay issuance
of the demolition permit for a period of time not to exceed six months.
The Commission shall have the right to obtain its own appraisal at
the expense of the applicant. Notice of the proposed demolition shall
be posted on the premises of the building or structure in a location
clearly visible from the street.
C.
The purpose of this section is to further the purposes
of this chapter by preserving historic buildings and to afford the
Township, interested persons or historical societies or organizations
the opportunity to acquire or to arrange for the preservation of such
buildings. The Commission may, at any time during such delay, approve
a certificate of appropriateness and, at the end of six months, must
automatically approve a certificate of appropriateness, in which event
a demolition permit shall be issued without further delay.
A.
In regard to an application to move a historic site
to a location outside the Township, the following matters shall be
considered:
(1)
The historic loss to the site of the original location
and the district as a whole.
(2)
The compelling reasons for not retaining the historic
site at its present location.
(3)
The proximity of the proposed new location in the
Township,including the assessability to the residents of the Township
and other citizens.
(4)
The probability of significant damage to the historic
site.
B.
In regard to an application to move a historic site to a new location within the Township, the following matters shall be considered, in addition to the matters listed in Subsection A above:
(1)
The compatibility, nature and character of the current
and of the proposed surrounding areas as they relate to the intent
and purposes of this chapter.
In regard to an application for approval of
other proposed changes as set forth in requiring a certificate of
appropriateness, the following matters shall be considered:
A.
After action either approving or disapproving an application,
the Commission shall issue a certificate of appropriateness and provide
the applicant and the Planning Board or Zoning Board of Adjustment,
if the matter has been referred to the Commission by those Boards,
otherwise, the Administrative Officer, with a certified copy of the
certificate.
B.
The Planning Board of Zoning Board of Adjustment shall
consider the Historic Commission comments and approval or disapproval
of the certificate of appropriateness before taking action on any
application of or development in the Historic District or effecting
a historic site or landmark.
C.
The Administrative Officer shall consider the comments
and approval or disapproval of the certificate of appropriateness
when considering the issuance of any building demolition, new construction
or sign permit. However, if the Historic Commission recommends to
the Administrative Officer against the issuance of a permit and disapproves
the certificate of appropriateness or recommends conditions to the
permit, the Administrative Officer shall deny the issuance of the
permit or include the conditions in the permit, as the case may be.
D.
Failure of the Historic Commission to approve or disapprove
a certificate of appropriateness within 45 days of the matter being
submitted to the Commission shall be deemed to constitute approval
of the certificate of approval.
E.
In the event that an applicant alleges that compliance
with the requirements of this section would create an unreasonable
hardship and that the nature of the application is such that the change
sought neither justifies the time and expense of the plenary proceeding
nor will impact negatively on the public good not specifically on
the historic qualities sought to be preserved, the Commission, by
the affirmative vote of five of its members, may grant such relief
from the requirements of this section as it deems consistent with
the public good and the purposes of this section.
A.
If the cost of compliance with the requirements of
this section increases the cost of the work proposed to be done, the
applicant may apply to the Historic Preservation Commission for financial
assistance for such excess costs. To the extent permitted by law,
such financial assistance may be in the form of a grant of all or
a part of the excess costs or of a no-interest or low-interest loan
for all or part of such excess costs.
B.
Factors to be considered by the Commission in granting
or denying such application shall include:
(1)
Degree of financial hardship created by the mandated
improvements.
(2)
Value of the property after completion of the originally
proposed improvements and value of the property after completion of
the mandated improvements.
(3)
Relevance of the mandated improvements to the originally
proposed improvements.
(4)
Value of the mandated improvements to the originally
proposed improvements.
(5)
Availability of funds.
(6)
Such other factors as the Commission deems appropriate.
The following general review criteria and visual
compatibility factors apply to demolition, new construction and signs
and apply to voluntary participation in the Historic Preservation
Program so as to be eligible for financial assistance. In assessing
the effect of any proposed demolition or structure removal or sign
application at a historic site or landmark or where persons voluntarily
participate in the Historic Preservation Program in order to be eligible
for financial assistance, the following general review criteria found
in the Secretary of the Interior's Standards for Rehabilitation and
the following visual compatibility factors shall be used to analyze
the effect that the change applied for would have on the historic
site and on those structures to which the historic site is visually
related.
A.
General review criteria.
(1)
Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal alteration of
the building, structure or site and its environment, or to use a property
for its originally intended purpose.
(2)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and that seek to create an earlier or newer appearance shall
be discouraged.
(4)
Changes that may 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 may be recognized.
(5)
Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced whenever possible. In the event that replacement
is necessary, the new materials should match the material being repaired
in design, color, texture and other visual quantities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting or other clearing methods
that will damage the historic buildings shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material and such design is compatible with the size,
scale, color, materials and character of the property, neighborhood
or environment.
(10)
Whenever possible, new additions or alterations
to 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.
B.
Visual compatibility factors.
(1)
The height of the proposed buildings 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 on fronting of public places.
The relationship of solids to voids in such facades of a building
shall be visually compatible with the buildings and places to which
they are 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 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)
The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
(9)
Appurtenances of a building such as a wall, open type
fencing or 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)
The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
(11)
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.
A.
The Commission will review sign applications with the requirements and review standards applicable to signs in Article XIX of this chapter of the Code of the Township of Florence and with the following sign-review criteria:
(1)
Compatibility. The size, shape and character of the
sign shall be in keeping with the historic character of the Historic
District and of the historic site on which the sign is located. Good
signage should create an effective depiction of goods, items or services
and should relate to its surroundings in an inoffensive and constructive
way.
(2)
Visual quality.
(a)
The signage for a particular building or shop
should be reduced to the fewest separate panels or statements as possible.
(b)
Most buildings are designed with a definite
panel or framed zone for the sign mounting. This should be used with
the sign taking a complementary shape.
(c)
Signs on buildings should not obliterate or
obscure the architecture of the building. A sign on a building should
be compatible or integral with it.
(d)
Obsolete signage from defunct activities should
be removed unless it is an integral part of the building's original
architecture.
(e)
Each business, office or shop should rely on
one, or at the most two, letter styles to enhance readability, as
well as to create a more dependable logo for the business.
(f)
The usage of self-illuminated signs shall be
restricted, as such signs are less appropriate to the basic architectural
and historical character of Florence's Historic District.
(g)
Signs shall be installed so as to be flush with
the exterior wall of the historic site.
B.
Sign maintenance. To bring signage within the Historic
District into a complementary and unified format, the maintenance
of a sign within the Historic District, whether existing prior to
the effective date of this section or otherwise, shall require the
issuance of a certificate of appropriateness under the standards of
this section. Owners of signs in existence on the effective date of
this section shall apply for and obtain a certificate of appropriateness
for their respective signs within two years of the effective date
of this section, or their right to continue maintenance of the sign
shall terminate.
C.
Interior signs. Interior signs which are intended
to be viewed from the outside of the building or structure shall conform
to the requirements of this section insofar as they are applicable.
The issuance of a certificate of appropriateness
shall be binding upon the person charged with the issuing of the building,
demolition or sign permit in accordance with the provisions of N.J.S.A.
40:55D-111.
A.
When a matter is referred to the Historic Commission
by the Administrative Officer, the grant, grant with conditions or
denial of a certificate of appropriateness and the consequent determination
of the person charged with the issuance of the building, demolition
or sign permit may be appealed to the Zoning Board of Adjustment of
the Township of Florence on the record produced before the Commission
in accordance with the provisions of N.J.S.A. 40:55D-72. In such appeal,
the Zoning Board shall make independent findings of fact and may affirm,
modify or reverse the decision of the Commission. If the Zoning Board
desires, it can take additional testimony, consider additional evidence
or remand the matter to the Commission for further deliberation.
B.
Nothing herein shall be deemed to limit the right
of judicial review of the Zoning Board's actions after an appeal is
concluded by the Zoning Board of Adjustment.
A.
Any person who undertakes an activity regulated by
this Article without first having obtained a certificate of appropriateness
shall be in violation of this Article. Prior to prosecution of such
a violation, the Zoning Officer shall serve upon the owner a notice
of the violation, describing in detail its nature and the action which
the owner must take to abate the violation. If the owner cannot be
personally served with the notice, a copy shall be posted on the site,
and a copy shall be sent, certified mail, return receipt requested,
to the owner at his last known address as it appears on the Township
tax rolls. In the event that the violation described within the notice
is not abated within the time provided within such notice, the owner
shall be deemed in violation of this Article and shall be subject
to prosecution before the Municipal Court of the Township of Florence.
B.
Any person who violates the provisions of this Article shall be punishable as provided in § 91-16. Each day that a violation of this Article occurs or continues after the time period for abatement has run shall be a separate violation under this Article. In addition, the Township of Florence may apply to the Superior Court of New Jersey for injunctive relief to prohibit a violation of this Article.[1]
