[HISTORY: Adopted by the Township Committee
of the Township of Hanover 5-26-1977 by Ord. No. 15-77. Amendments noted where
applicable.]
This chapter shall be known as the "Landmark
Commission Ordinance of the Township of Hanover."
The intent and purpose of this chapter is to
create a Landmark Commission and to protect, enhance and preserve
sites and structures which exhibit historical, architectural or cultural
significance for the community's heritage, to stabilize and improve
property values, to strengthen the local economy, to foster a sense
of civic pride, to promote the use of designated structures, sites
and areas for the education, welfare and pleasure of this and future
generations of the residents of the Township of Hanover.
For the purposes of this chapter, certain terms
are defined as follows:
Any of the acts defined as an alteration by the Building
Code of the Township of Hanover.[1]
The Board of Adjustment of the Township of Hanover.[2]
The Planning Board of the Township of Hanover.[3]
A certificate from the Landmark Commission authorizing plans
for the alteration, construction, removal or demolition of a landmark
or an improvement on any landmark site.
The Landmark Commission of the Township of Hanover.
The architectural style, design, general arrangement and
components of all of the outer surfaces of an improvement, as distinguished
from the interior surfaces enclosed by said exterior surfaces, including
but not limited to the kind, color and texture of the building material
and the type and style of all windows, doors, lights, signs, decorative
elements and other fixtures appurtenant to such improvements.
Any building, structure, place, parking facility, fence,
gate. wall, work of art or other object constituting a physical betterment
of real property, or any part of such betterment.
Any improvement or site which has a special character or
special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the Township of Hanover, Morris
County or the state or nation as a whole and which has been designated
as a landmark pursuant to the provisions of the Commission.
Any person or persons having such right to, title to or interest
in any improvement so as to be legally entitled, upon obtaining the
required permits and approvals from the municipal agencies having
jurisdiction over building construction, to perform, with respect
to such property, any construction, alteration, removal, demolition
or other work as to which such person seeks the authorization or approval
of the Landmark Commission, the Planning Board or the Board of Adjustment.
The person or persons possessed of the freehold of an improvement
or parcel of land or a lesser estate therein, a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee,
agent or any other person directly or indirectly in control of an
improvement or parcel of land.
[Amended 2-12-1981 by Ord. No. 4-81; 6-28-1990 by Ord. No.
23-90; 3-24-2005 by Ord. No. 10-2005]
The membership of the Municipal Landmark Commission
is expanded from seven members to nine members, who shall not hold
any elected office in the municipality. In addition, there shall be
two alternate members known as "Alternate No. One" and "Alternate
No. Two." Members of the Commission, including the two alternate members,
shall be appointed by the Mayor pursuant, to N.J.S.A. 40:55D-107c.
[Amended 2-12-1981 by Ord. No. 481]
A.
The terms of the members of the Landmark Commission
shall be for two years with the terms of those presently serving running
from January 1 preceding the date of their appointment. However, the
terms of the two new members to be appointed pursuant to the terms
of this Ordinance No. 23-90[1] shall initially be for two years and four years as designated
by the Mayor when making the appointments, and said terms shall run
from January 1 preceding the date of their respective appointments.
Thereafter, their terms shall be for four years. The terms of the
alternate members of the Landmark Commission appointed shall be for
a term not to exceed two years.
[Amended 6-28-1990 by Ord. No. 23-90; 3-24-2005 by Ord. No.
10-2005]
B.
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
[Amended 6-28-1990 by Ord. No. 23-90]
C.
The members shall serve without remuneration.
If a vacancy shall occur on the Commission other
than by the expiration of a member's term, it shall be filled by appointment,
as above-provided, for the unexpired term.
The Landmark Commission shall adopt bylaws and
such other rules and regulations to govern its procedural operation.
The Commission shall elect a Chairman and Vice Chairman from its members
and select a Secretary who may or may not be a member of the Landmark
Commission. The Commission may contract for services it deems necessary,
provided that the cost of the same does not exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
The powers and duties of the Landmark Commission
shall be as follows: The Landmark Commission shall furnish applications
for the designation of a landmark or landmark site to any person,
group of persons or association, requesting such an application. In
addition, the Commission, on its own motion, may initiate proceedings
for the designation of a landmark or a landmark site.
A.
Notice.
(1)
Notice that an application for designation as a landmark
is being considered by the Landmark Commission shall be given to the
owner of the parcel on which the proposed landmark is situated or
which is part of the proposed landmark site.
(2)
Such notice shall be served by the Landmark Commission
by certified mail, addressed to the owner or owners at his or their
last known address or addresses as the same appear in the records
of the Municipal Tax Assessor, or, if there is no name on such records,
such notice may be served by regular mail, addressed to "owner" at
the street address of the property in question.
(3)
Said owner or owners shall have the right to confer
with the Landmark Commission prior to final action by the Commission
on the application.
(4)
The Commission may, in addition, hold a public hearing
on the proposed designation by giving notice as required by municipal
regulation.
B.
After such investigation by the Commission as it deems
necessary, but in no case more than 60 days after the receipt of the
application, or, if the proceeding is initiated by the Commission,
no more than 60 days after such initiation, the application for designation
shall be submitted to the Planning Board of the Township of Hanover
with the Commission's recommendations. The Commission's recommendations
shall be in writing, signed by the Chairman of the Commission.
C.
The Planning Board shall approve or disapprove the
Commission's recommendations within a period of 60 days after submission
by the Commission. An approval by the Planning Board may limit itself
to the proposed landmark or landmark site as described in the application
or may include modifications thereof. The written approval or disapproval
of the Planning Board shall be filed with the Township Clerk and the
Landmark Commission.
D.
Any designation made by the Planning Board pursuant to the provisions of Subsection C of this section shall be in full force and effect at the time that the written approval or designation is filed in the office of the Clerk of the Township of Hanover. Within five days after making any such designation, the Commission shall file a copy of the same with the Landmark Commission, the Morris County Historical Society and the New Jersey Office of Historical Sites.
E.
The Planning Board, on its own initiative or at the request of an aggrieved party, may modify or disapprove any such designation within 90 days after a copy thereof is filed as in Subsection D of this section. The Planning Board, in making its decision, shall consider, among other factors, the relation of the designation to the Master Plan of the Township of Hanover, the Zoning Ordinance,[1] projected public improvements, any plans for the renewal
of the area involved and other factors affecting the general welfare
of the community.
A.
It shall be unlawful for any person in charge of a landmark or landmark site, or other person, to construct, alter, remove or demolish any improvement constituting or which shall constitute a part of such landmark or landmark site, or to cause or permit any work which requires a permit from the Municipal Building Inspector to be performed upon such improvement or land, unless the Landmark Commission, pursuant to the provisions of §§ 31-10 through 31-16, has previously issued a certificate of appropriateness or a notice to proceed authorizing such work, and it shall be unlawful for any other person to perform such work or cause the same to be performed unless such certificate or notice has been previously issued.
B.
Further, no application shall be approved and no permit or amended permit for the construction, removal, demolition or alteration of any landmark or of any improvement located or to be located on a landmark site shall be issued by the Municipal Building Inspector until the Landmark Commission shall have issued either a certificate of appropriateness or a notice to proceed, pursuant to the provisions of §§ 31-10 through 31-16, as an authorization for such work.
A.
Any application for a certificate of appropriateness
which requires action by the Planning Board, i.e., site plan approval
or subdivision application, must be presented to the Landmark Commission
for its written comments before the application may be considered
by the Planning Board.
B.
Within 45 days from the first meeting of the Landmark
Commission at which the application is presented for comments as required
by this section, the Landmark Commission shall forward the application,
together with written comments, to the Planning Board.
A.
Following the receipt of an application by the Landmark Commission under § 31-10 above, which application respects work on a landmark or on an improvement within a landmark site or new construction on a landmark site other than of a principal improvement, the Landmark Commission shall determine whether, in its opinion, the proposed work would adversely change, destroy or affect any exterior architectural feature of the improvement upon which said work is to be done or, if it is new construction, whether it would lack harmony with the landmark site and whether the proposed work would be appropriate for and consistent with the purposes of this chapter. If the Landmark Commission determines that the proposed work would not adversely change, destroy or affect any exterior architectural feature of the improvement upon which said work is to be done and that it would be in harmony with the landmark or other existing improvements on the landmark site and further determines that the proposed work would be appropriate for and consistent with the purposes of this chapter, it shall grant the certificate of appropriateness; otherwise, it shall deny said certificate.
B.
Upon receipt of an application respecting the construction
of a new improvement which is a principal improvement, the Landmark
Commission will determine whether such construction would adversely
affect the aesthetic quality of the site or lack harmony with the
external appearance of other improvements on the site or on neighboring
sites. Within 45 days from the first meeting of the Landmark Commission
at which the application is presented for final action, the Landmark
Commission shall forward the application, together with written recommendations,
to the Planning Board.
C.
Within 60 days after receipt of the Landmark Commission's
recommendations, the Planning Board shall decide whether to support
or deny the requested certificate of appropriateness, and, upon approval,
the Landmark Commission shall so issue. If the Planning Board does
not follow the recommendations of the Landmark Commission, it shall
put the reasons for approving or disapproving the application in writing.
Said written reasons shall be filed in the office of the Planning
Board, the Landmark Commission, the Morris County Historical Society
and the New Jersey Office of Historic Sites.
In making its decisions, the Landmark Commission
and the Planning Board shall consider:
A.
The effect of the proposed work in creating, changing,
destroying or affecting the exterior architectural features of the
improvement upon which the work is to be done.
B.
The relationship between such work and the exterior
architectural features of improvements neighboring the landmark site.
C.
In addition to any other pertinent matters, the factors
of aesthetic, historical and architectural values and significance,
architectural style, design, arrangement, texture, materials and color.
A certificate of appropriateness issued pursuant
to the conditions contained herein shall relate solely to proposed
plans accompanying the application or otherwise submitted for official
consideration prior to the issuance of the certificate. It shall be
unlawful to deviate from said plans upon which issuance was granted
unless an amended certificate of appropriateness shall be applied
for and issued by the Planning Board.
No permit for the demolition of a principal
improvement on a landmark site will be issued until a certificate
of appropriateness has been granted by the Planning Board to proposed
plans for new construction on said landmark site.
The building subcode officials of the Township
of Hanover shall require that all buildings designated landmarks shall
be maintained in a structurally sound manner. In order to enforce
this requirement, the building subcode officials shall have the right
to file complaints against owners or managers of landmark structures
or sites, which said owners, agents of the owners or tenants violate
the Township's Health, Fire or Building Codes.[1]
A.
In any case where the Landmark Commission or the Planning
Board has denied an application for a certificate of appropriateness,
the applicant may appeal to the Board of Adjustment for a notice to
proceed. A notice to proceed will be issued by the Landmark Commission
if the applicant establishes to the satisfaction of the Board of Adjustment
that there is unnecessary hardship in the strict application of the
provisions of this section.
B.
A notice to proceed may not be granted unless the
applicant provides proof that all of the following facts and conditions
exist:
(1)
The land or improvement in question cannot yield a
reasonable return if the proposed construction, removal, demolition
or alteration is not permitted.
(2)
The plight of the applicant is due to unique circumstances.
(3)
The proposed alteration, construction, removal or
demolition will not alter the essential character of the area.
(4)
The hardship is the result of the application of this
chapter and is not the result of any act or omission by the applicant.
C.
A notice to proceed issued pursuant to these conditions
shall relate solely to proposed plans accompanying the application.
Where it appears that the owner or person in
charge of an improvement on a landmark site or a person under his
direction or any other person threatens or is about to do or is doing
any work in violation of this chapter, the Township Committee shall
forthwith apply to an appropriate court for an injunction against
such violation of this chapter. If an order of the court enjoining
or restraining such violation does not receive immediate compliance,
the Township Committee shall forthwith apply to an appropriate court
to punish said violation pursuant to law.
A violation of this chapter is punishable by
a fine not exceeding $1,000 or by imprisonment not exceeding 90 days,
or by both such fine and imprisonment, or by a penalty of not less
than $100 nor more than $1,000, to be recovered by the municipality
in a civil action. Every day of such violation may be held to constitute
a separate offense.
The Commission shall have, in addition to the
powers and duties of a Landmark Commission, the following further
powers and duties, subject to appropriation or receipt of money gifts,
and may, in the exercise of any of its powers or duties, accept and
expend such gifts and employ clerical and technical assistants or
consultants to:
A.
Conduct a survey of buildings in the municipality
for the purpose of determining those of historic significance, architecturally
or otherwise, and pertinent facts about them, acting in collaboration
with the Planning Board to the extent that either may, from time to
time, be able to undertake such work, and to maintain and, from time
to time, revise detailed listings of historic sites and buildings,
and data about them, appropriately classified with respect to national,
state or local significance, to period or field of interest or otherwise.
B.
Arrange for the preparation and publication of maps
and brochures and descriptive materials about municipal historic sites
and buildings, arrange for convenient walks or tours or otherwise.
C.
Cooperate with and advise the Planning Board and other
municipal agencies on needs involving historic sites and buildings.
D.
Cooperate with and increase assistance for the municipality
from the National Park Service, the National Trust for Historic Preservation,
the Morris County Historical Society and any other agencies, public
and private, concerned with historic sites and buildings.
E.
Advise owners of historic buildings on problems of
preservation.
F.
Recommend to the municipal government from time to
time, as needed, the appointment of advisory committees of historians
and persons experienced in architecture or other arts or in historic
restoration or preservation, to assist in a manner comparable to the
National Park Service Advisory Board.
The Mayor and Township Committee shall be responsible
for the proper identification of landmarks or landmark sites designated
by the Commission.
Nothing contained in this chapter shall be construed
to contradict or repeal existing ordinances of the Township.
