The provisions of this article are intended
to effect and accomplish the protection, enhancement and perpetuation
of especially noteworthy examples or elements of the Borough's environment
in order to:
A. Safeguard the heritage of Hamburg by preserving resources
within the Borough which reflect elements of its cultural, social,
economic and architectural history.
B. Encourage the continued use of historic and/or noteworthy
buildings, structures, objects and sites and to facilitate their appropriate
reuse.
C. Maintain and develop an appropriate and harmonious
setting for the historic and architecturally significant buildings,
structures, sites and districts within the Borough.
D. Stabilize and improve property values within the Borough.
E. Foster civic pride in the history and architecture
of the Borough.
F. Encourage proper maintenance of and reinvestment in
buildings and structures within the Borough.
G. Regulate appropriate alteration of historic sites
as well as new construction within or near historic districts to ensure
compatibility with the existing built environment and the Master Plan
of the Borough.
H. Discourage the unnecessary demolition or other destruction
of historic resources.
I. Further the public's knowledge of the history and
development of the Borough as well as its appreciation of the Borough's
historic sites.
J. Enhance the visual and aesthetic character, diversity,
continuity and interest in the Borough and its neighborhoods.
K. Encourage beautification and private investment in
the Borough.
L. Promote the economic welfare of the Borough through
the preservation of its historic sites and landscapes.
As used in this article, the following terms
shall have the meanings indicated:
ADDITION
An extension or increase in building size, floor area or
height.
ALTERATION
Any change in the exterior architectural features of any
improvement or addition.
APPLICATION
A request to the Commission made pursuant to this article
for the purposes of obtaining a certificate of appropriateness or
other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
The application to the Land Use Board for approval of a major
or minor subdivision plat, site plan, conditional use, zoning variance
or the direction of the issuance of a permit pursuant to Section 25
or 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy and having a roof.
CERTIFICATE OF APPROPRIATENESS (OR C/A)
That document issued by the Historic Preservation Commission
required before work commences on any landmark or any building, structure,
site or object located within a landmark district.
COMMISSION
The Historic Preservation Commission established pursuant
to the provisions of this article.
DEMOLITION
The partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any building, structure,
object or site. "Demolition" includes the removal of a building structure
or object from its site or the removal or destruction of the facade
or surface.
DESIGNATED PROPERTY OR DISTRICT
An individual building, structure, site, object or district
which has been designated as having historical, architectural, cultural,
aesthetic or other significance pursuant to the provisions of this
article.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to the Municipal
Land Use Law.
DISTRICT
See "landmark district," as defined herein.
HISTORIC
Having historical, architectural, cultural, aesthetic or
other significance, as defined by the provisions of this article.
IMPROVEMENT
A building or other structure or any work constituting a
man-made alteration of or addition to any site.
INTEGRITY
The authenticity of the historic identity of a building,
structure, site, object or district evidenced by the survival of the
physical characteristics that existed during its historic or prehistoric
period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this article or whose rights
to use, acquire or enjoy property under this article or under any
other law of this state or of the United States have been denied,
violated or infringed by an action or a failure to act under this
article.
INVENTORY
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
A building, structure, site or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage or cultural characteristics of the Borough,
state or nation and which has been designated as a landmark pursuant
to the provisions of this article.
LANDMARK DISTRICT OR DISTRICT
A geographic area with distinctly definable boundaries composed
of several buildings or sites which has acquired a unity of character
through the interrelationships of the component buildings and sites
and has been designated as having historical, archaeological, cultural,
scenic, architectural or other significance pursuant to the provisions
of this article.
MASTER PLAN
The Master Plan of the Borough of Hamburg, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
OBJECT
A material thing of functional, aesthetic, cultural, historic,
scenic or scientific value that may be, by nature or design, movable,
yet related to a specific setting or environment.
OWNER
Any person having a right, title or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition or other work with respect to such
property.
PERMIT
Any Borough approval for exterior work to be performed on
any landmark or on any building, structure, object or site located
within a landmark district, which exterior work will be subject to
public view. Said permit shall include but not be limited to a building
permit, a demolition permit or a permit to move, convert, relocate
or remodel or to change the use or occupancy of any landmark or any
building, structure, object or site located within a landmark district.
"Permit" shall also include all exterior work to be performed on fences,
signs, porches, railings, steps, lighting and sidewalks and any other
work subject to public view which would alter the exterior appearance
of landmarks or properties located within a landmark district or their
sites.
REHABILITATION
Any repair or alteration that preserves significant historical
or architectural features.
RESTORATION
The historically accurate repair or replacement of architectural
features.
SITE
Any real property, whether public or private, with or without
improvements, which is the location of a significant event or series
of events, a prehistoric or historic occupation or activity or a building,
structure or object or any configuration, portion or group of the
foregoing which has been designated by the Commission as having historical,
archaeological, cultural, scenic or architectural significance pursuant
to the provisions of this article.
STRUCTURE
Any combination of materials, other than a building, which
is affixed to a piece of property and shall include but not be limited
to signs, fences, walls and paving materials.
SURVEY
The survey of buildings, structures, objects, sites and districts
located within the Borough of Hamburg which is conducted by the Commission
for the ascertainment of their historical, architectural, aesthetic,
cultural or other significance pursuant to the provisions of this
article.
VIEW OR PUBLIC VIEW
The view by the public of a building, structure, object or
site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.
The officers of the Commission shall be as follows:
A. The Commission shall elect a Chairperson and Vice
Chairperson from its members.
B. The Land Use Board Secretary shall serve as Secretary
to the Commission. The Secretary shall keep the minutes and records
of all meetings and proceedings of the Commission, including voting
records, attendance, resolutions, findings, determinations and decisions.
[Amended 9-5-2007 by Ord. No. 8-2007]
The Commission shall have the authority to adopt
all rules and regulations necessary to carry out its functions under
the provisions of this article, including but not limited to maintenance
of records and procedures, subject to the following:
A. No Commission member shall be permitted to act on
any matter in which he or she has, either directly or indirectly,
any personal or financial interest, as herein defined.
B. The Commission shall establish a regular schedule
of meetings for the calendar year at its organization meeting, which
meetings may be cancelled by the Chairperson in the event there is
insufficient business to conduct a meeting. Additional meetings may
be called by the Chairperson as required to fulfill its obligations
under this article.
[Amended 10-5-2015 by Ord. No. 07-2015]
C. All Commission minutes and records shall be public
records.
D. A member of the Borough Council and a member of the
Land Use Board shall be designated as liaison between those bodies
and the Commission.
E. All rules and regulations adopted by the Commission
shall be subject to the approval of the Borough Council.
The powers and duties of the Commission shall
be as follows:
A. To survey buildings, structures, objects, sites and
districts located within the Borough and to research and evaluate
them for their significance in accordance with the criteria established
as set forth in the following section of this article.
B. To maintain and expand, when appropriate, a comprehensive
inventory of such buildings, structures, objects, sites and districts
which are worthy of designation under the provisions of this article.
C. To propose to the Borough Council those buildings,
structures, objects, sites and districts located within the Borough
which it has found to be worthy of landmark designation and hence
should be subject to the provisions of this article. Actual nomination
to, a finding of eligibility for or listing on the National or State
Registers of Historic Places is not necessary for the provisions of
this article to take effect once a property has been designated as
significant by the Commission.
D. To nominate buildings, structures, objects, sites
and districts for inclusion in the National and/or the State of New
Jersey Registers of Historic Places.
E. To purchase or accept in its own name by gift, bequest
or grant the right, title and interest in personal property, the acquisition
of which will promote the purposes set forth in this article, provided
that, if such acquisitions may require the expenditure of Borough
funds, that such acquisitions shall be subject to the approval of
the Borough Council. In addition, the Commission may apply for, receive,
retain or expend any federal, state or private grant, grant-in-aid,
gift or bequest in furtherance of this article and may obligate the
expenditure of the funds which the Commission may have or may be appropriated
to it, regardless of whether expenditure will be made in the then-current
fiscal year. Any such property or interest given to the Commission
shall be added to the Commission's existing budget and shall not displace
or offset funds appropriated to it by the Borough, nor shall they
be added to the Borough's general fund.
F. To make recommendations to the Land Use Board and
the Borough Council in the preparation and periodic updating of the
historic preservation element of the Master Plan for the Borough,
including but not limited to the addition or deletion of historic
sites and districts identified in the Borough's Master Plan.
G. To make recommendations to the Land Use Board and
the Borough Council on the historic preservation implications of any
proposed or adopted zoning or development ordinance(s) or proposed
or adopted element(s) of the Borough's Master Plan.
H. To advise and assist Borough officers, employees,
boards and other bodies, including those at the county, state and
federal levels, on all matters which have potential impact on the
historic buildings, structures, objects, sites or districts in the
Borough or on the physical character and ambience of any portion of
the Borough or region.
I. To approve or disapprove applications for certificates
of appropriateness pursuant to the provisions of this article.
J. To provide to the Land Use Board written reports of
all actions taken by the Commission pursuant to the provisions of
this article and which are not governed by time requirements for notice
or action herein specified.
K. To employ, contract for and fix the compensation of such other staff and services as the Commission shall deem necessary, subject to the provisions of §
215-171 of this article.
L. To draft and/or recommend to the Borough Council and
the Land Use Board ordinances or amendments to existing ordinances
that would resolve any conflicts which may exist between the design
standards of this article and the building or zoning regulations of
the Township.
M. To advise the Borough Council and the Land Use Board
on the relative merits of proposals involving the use of public funds
to restore, preserve and protect historic buildings, structures, objects
and sites, including the preparation of the long-range plans therefor;
to securing state, federal and/or other grants or assistance in support
of such projects; and to monitor such projects once underway.
N. To increase public awareness of the value of historic,
architectural and cultural preservation by developing and participating
in public information programs.
O. To cooperate with local, county, state or national
historical societies, governmental bodies and organizations to maximize
the contributions of the Commission in accordance with the intent
and purposes of historic preservation.
P. To make information available to residents of historic
buildings or districts concerning guidelines for rehabilitation and
design criteria for new construction established under this article.
Q. To seek any benefits which may be granted under the
National Historic Preservation Act, as amended, or any other state
or federal legislation, including but not limited to the benefits
which flow to communities under the certified local government program
with regard to training, grant funding and technical assistance, and,
in furtherance thereof, to take any steps necessary to assist the
Borough in the preparation and submission of any documents needed
for certification of the Borough as a certified local government under
said National Historic Preservation Act.
[Added 10-4-2010 by Ord. No. 05-2010]
A. The
following buildings and structures are hereby designated as landmarks
in accordance with the Historic Preservation Ordinance:
(1) Wheatsworth Mill: Block 11, Lot 33, Tax Map.
(2) Gingerbread Castle: Block 11, Lot 34, Tax Map.
(3) Gingerbread Castle Restaurant Building: Block 7, Lot 27, Tax Map.
(4) Tile Panels: Block 11, Lots 33 & 34, Tax Map.
(5) Greenhouse: Block 7, Lot 27, Tax Map.
(6) Dam: Block 11, Lot 32, Tax Map.
(7) Church and Parsonage: Lot 1, Block 22, Tax Map.
[Added 3-7-2011 by Ord. No. 04-2011]
B. The
following properties are hereby designated as a Landmark District
to be known as the Lime Kiln Historic District, consisting of Block
11, Lots 10, 10.01, as shown on the Tax Map, and that part of Block
11, Lot 7, consisting of 7,350 square feet, as shown and designated
on a map entitled Proposed Historic District Boundaries, prepared
by Wayne P. McCabe and Associates, Inc., dated April 10, 2010, consisting
of one sheet, a copy of which is on file in the office of the Borough
Clerk and available for public inspection.
C. The
aforementioned Landmarks and Landmark Districts shall be noted as
such on the records for those properties maintained by the offices
of the Borough Tax Assessor, Municipal Clerk and the Construction
Code Office.
The Land Use Board shall refer to the Commission
every application submitted to the Board for development in historic
zoning districts or on historic sites designated on the Zoning or
Official Map or identified in any component element of the Master
Plan. The referral shall be made when the application for development
is deemed complete or is scheduled for a hearing, whichever occurs
sooner. Failure to refer the application as required shall not invalidate
any hearing or proceeding. The Commission may provide its advice,
which shall be conveyed through its delegated members or staff, who
shall testify orally at the hearing and explain any written report
which may have been submitted by the Commission regarding the application.
The Commission shall make available to the applicant a copy of its
written report concerning said application for development.
It shall be the duty of all municipal officials
of the Borough of Hamburg reviewing all permit applications involving
real property or improvements thereon to determine whether such application
involved any activity which should also be the subject of an application
for a permit and, if it should be, to inform the Secretary of the
Commission, the administrative officer and the applicant of the same.
This article shall be liberally construed in
order to effect the purposes set forth herein. In the event that this
article conflicts with state law, state law shall take precedence.
Any ordinance, or part thereof, inconsistent with the terms of this article is repealed. Article VII, Historic Preservation Committee, of Chapter
186 is expressly repealed.