Chapter 96 Historic Preservation

APPLICATION FOR DEVELOPMENT

Editor's Note: Former Ch. 96, Historic Preservation Commission, adopted 12-11-2006 by Ord. No. 32-2006, was repealed 6-8-2009 by Ord. No. 8-2009

§ 96-1 Purpose.

The provisions of this chapter are intended to effect and accomplish the protection, enhancement and perpetuation of noteworthy resources of the Township's environment in order to:

Safeguard the heritage of the Township by preserving Historic Sites and Districts.

Encourage the continued use of historic and/or noteworthy buildings, structures, objects, and sites and to facilitate their appropriate reuse.

Maintain and develop an appropriate and harmonious setting for the Historic Sites and Districts within the Township.

Foster civic pride in the history and architecture of the Township.

Encourage proper maintenance of and reinvestment in Historic Sites and Districts within the Township.

Regulate appropriate alteration of Historic Sites and Districts as well as new construction within the Historic District to ensure compatibility with the existing Historic Sites and Districts and the Master Plan of the Township.

Discourage the unnecessary demolition or other destruction of Historic Sites and properties within Historic Districts.

Further the public's knowledge of the history and development of the Township as well as its appreciation of the Township's Historic Sites and Districts.

Enhance the visual and aesthetic character, diversity, continuity and interest in the Township and its neighborhoods.

Encourage beautification and private investment in the Township.

Promote the economic welfare of the Township through the preservation of its Historic Sites and Districts.

§ 96-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADDITION

The construction of a new Improvement or an extension or increase in size, floor area or height of a building or structure.

ADMINISTRATIVE OFFICER

The Zoning Officer of the Township, or his or her designee.

ALTERATION

Any change in the exterior architecture features of any Improvement.

APPLICANT

The owner of a property or a person with the knowledge and approval of such owner.

The Application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, cluster development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 of the Municipal Land Use Law (N.J.S.A. 40:55D-34 or 40:55D-36).

ARCHITECTURAL FEATURE

Any element or resource of the architectural style, design or general arrangement of a structure, including, but not limited to, roofs, cladding and siding, windows, window casement, porch, stairs, stoop, doors, railings, trim, molding, corbels, storefronts, signage, and other decorative elements.

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CERTIFICATE OF APPROPRIATENESS

A permit issued by the Commission required before work may commence.

COMMISSION

The Township of Moorestown Historic Preservation Commission.

CONTRIBUTING PROPERTY

A building, site, structure, or object that adds to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because it was present during the period of significance and possess historic integrity reflecting its character at that time or is capable of yielding important information about that period; or it independently meets the criteria for being listed on the State and/or National Register of Historic Places.

DEMOLITION

The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, object or site including the removal of a building, structure or object from its site or the removal or destruction of a facade or surface.

FACADE

The face or front of a structure or any vertical surface thereof.

HISTORIC DESIGN GUIDELINES

A document prepared by the Commission as adopted by the Township Council and incorporated by reference into the Historic Preservation Commission Ordinance depicting appropriate treatments and defining criteria, including but not limited to the Secretary of the Interior Standards for Rehabilitation and new construction in historic districts used by the Commission for advisory reports on applications for development and decision making on permits.

HISTORIC DISTRICT

One or more Historic Sites and intervening or surrounding property significantly affecting or affected by the quality and character of the Historic Site or Sites, which has been recommended by the Commission and included in the Master Plan Historic Preservation Element by the Planning Board or adopted by the Township Council pursuant N.J.S.A. 40:55D-65.1.

HISTORIC SITE

Any real property, building, structure, natural object or configuration or any portion or group of the foregoing of historical, architectural, cultural, scenic or archaeological significance which has been recommended by the Commission and included in the Master Plan Historic Preservation Element by the Planning Board or adopted by the Township Council pursuant to N.J.S.A. 40:55D-65.1.

IMPROVEMENT

A building, structure, site, object, landscape, or any work constituting a man-made alteration of or addition to any site.

IN-KIND

Matching the existing in material, type, design, dimension, texture, detail and appearance.

INTEGRITY

The authenticity of a building, structure, site, object or improvement evidenced by the survival of physical characteristics that existed during its period of significance.

INVENTORY

A list of Historic Sites and Historic Districts as determined by the Commission in accordance with criteria set forth pursuant to this chapter.

MINIMALLY VISIBLE

An element which is Visible but does not readily call attention to itself.

MINOR APPLICATIONS SUBCOMMITTEE

Less than a quorum of members of the Commission, including the Chairperson, which are appointed from time to time as needed by the Chairperson, but no less than annually, to review and approve Minor Applications on behalf of the Commission.

NON-CONTRIBUTING PROPERTY

Any real property, building, site, structure, or natural object that does not add to the historic architectural qualities, historic associations, or archaeological values for which an historic district is significant because it was not present during the period of significance of the district; or due to alterations, disturbances, additions, or other changes, it no longer possesses historic integrity reflecting the character at that time or is incapable of yielding important information about the period; or it does not independently meet the criteria for listing on the State and/or National Register of Historic Places.

ORDINARY MAINTENANCE

Repair and replacement work where there is no change in the design, material or appearance of any architectural feature as defined herein typically to mitigate wear and deterioration. Examples include, but are not limited to, replacement of a broken windowpane or patching of a dozen missing roof shingles.

PERIOD OF SIGNIFICANCE

The length of time when a Historic Site or property or properties within an Historic District was or were associated with important events, activities, or persons.

PERMIT

A permit required for any exterior work to be performed on any Historic Site or property within an Historic District, including, but not limited to, a construction permit, a demolition permit or a permit to move, convert, relocate or remodel, or to change the use, location or occupancy of any Historic Site or any property, building, structure or natural object within an Historic District. Permit shall also include all exterior work to be performed on roofs, exterior cladding and siding, windows, casements, porches, steps, railings, trim, moldings, corbels, fences, storefronts, signs, lighting, sidewalks and any other Visible work which would alter the exterior appearance of a Historic Site or property within an Historic District.

PRESERVATION

The act or process of applying measures to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.

PRIMARY FACADE

The front of a building or structure facing the street, road or highway. In the case of a corner lot, the sides of a building or structure facing the streets, roads or highways.

RECONSTRUCTION

The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

REHABILITATION

The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.

RELOCATION

The transport of a building to a new location, by means adequate to assure structural and architectural integrity, for continuation of the designed use of the building, or an adaptive reuse.

RESTORATION

The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.

SCALE

Measure of relative size of a building or building component in relation to a known unit of measure or customary size for such a component. The perceived scale of a proposed building is a function of the overall size relative to existing building sizes and the visual relationship of new building facade elements relative to existing adjacent Contributing Property facade elements.

SITE ELEMENT

Natural and man-made components of a site, including sidewalks, fences, walls, driveways, parking areas and landscaping.

STREETSCAPE

The visual character of the block frontage including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks and landscaping.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SURVEY

The process of identifying and gathering data on historic buildings, structures, objects, sites, and districts within the Township. Raw data collected from physical investigation and historical research shall form the basis for the development of the inventory, designation or an Historic Site or the establishment of an Historic District.

TOWNSHIP

The Township of Moorestown.

VISIBLE

Any element able to be seen by the public from any point on a public thoroughfare, including, but not limited to, streets, roads, highways, walkways, and parks without consideration of natural vegetation, foliage, or other similar elements.

§ 96-3 Historic Preservation Commission.

Appointment.

The Commission shall consist of five regular members and two alternate 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." Any vacancy on the Commission, including a vacant alternate position, shall be filled by the Mayor within 60 days in accordance with the procedures established by N.J.S.A. 40:55D-107c for making such appointment, The newly appointed member shall finish out the unexpired term of the previous member.

The regular members of the Commission shall include at least one person from Class A described in Subsection A(3) below and at least one person from Class B described in Subsection A(3) below; provided, however, that at least three of the regular members of the Commission may only be Class C members as described in Subsection E below. At all times, the voting majority of the Commission must be made up of Township residents.

Class A, Class B, and Class C members shall consist of the following types of persons in accordance with N.J.S.A. 40:55D-107:

Class A: persons who are knowledgeable in building design and construction or architectural history and who may reside outside the Township.

Class B: persons who are knowledgeable or have a demonstrated interest in local history and who may reside outside the Township.

Class C: Those regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be residents of the Township who shall hold no other Township office, position or employment except for membership on the Planning Board or the Board of Adjustment.

Terms.

The terms of regular members shall be four years.

The terms of alternate members shall be two years.

Notwithstanding the foregoing, the terms of the initial members shall be determined to the greatest extent practicable so that the terms of the regular members expire evenly over the first four years and the terms of the alternate members expire evenly over the first two years.

Notwithstanding any provision herein to the contrary, the term of any member, who is also a member of the Planning Board or Board of Adjustment, shall be controlled by and be coterminous with that member's term on the Planning Board or Board of Adjustment.

Conflicts of Interest. No member of the Commission shall be permitted to act on any matter in which they have, either directly or indirectly, any personal or financial interest.

Removal. A member of the Commission may, if requested by a majority of the Commission or upon Township Council's own action, and after a hearing before the Township Manager or their designee, be removed. The hearing may be public unless the member of the Commission subject to the hearing requests it be held in private. The Township Manager shall thereafter submit a report to Township Council with a recommendation. Removal shall be for cause, including, but not limited to, failure to attend Commission meetings and/or violation of the Local Government Ethics Law.[1]

Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.

Meetings.

The Commission shall establish a regular schedule of meetings on at least a monthly basis.

The presence of three regular and/or alternate members shall constitute a quorum for a meeting.

Additional meetings may be called by the Chairperson or Vice Chairperson when the regular meetings are inadequate to meet the needs of its business, to handle emergencies, or to meet time constraints imposed by the law.

Bylaws. The Commission may adopt written bylaws for the procedure it follows for transaction of business.

Expenses and costs.

Budget. The Township Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council, unless the Township Council by appropriation provides for separate legal counsel for the Commission.

§ 96-4 Commission duties and responsibilities.

Finances. The Township Council shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this chapter or any other applicable Township ordinance.

The Commission shall have the responsibility to:

Prepare and maintain a survey of historic properties, structures, sites, objects and districts of the Township pursuant to criteria identified in the survey report which shall consist of the Secretary of the Interior Standards and criteria for listing on the State and/or National Register of Historic Places and local Design Guidelines if adopted by the Township. The survey shall include, but not be limited to, each property, structure, site, object and districts listed or eligible for listing in the Historic Preservation Plan Element of the Master Plan. The Historic Preservation Plan Element of the Master Plan shall include, but not be limited to, each property, structure, site, object and district listed or eligible for listing in the State or National Registers of Historic Places. These and all other criteria for inclusion in the survey of historic properties, structures, sites and districts shall be identified in the survey report;

Make recommendations to the Planning Board on the Historic Preservation Plan Element of the Master Plan, including the inclusion of designated historic properties, structures, sites and districts and those eligible for designation and inclusion, and on the implications for preservation of Historic Sites and Districts of any other Master Plan elements;

Recommend to the Township Council and the Planning Board those properties, structures, sites and areas located within the Township which it has found to be worthy of historic designation as Historic Sites and/or Historic Districts and hence should be subject to the provisions of this chapter;

Apply for, receive, retain or expend, upon resolution of the Township Council, any federal, state or private grant, grant-in-aid, gift or bequest in furtherance of this chapter and to obligate the expenditure of the funds which the Commission may have, or may be appropriated to it, regardless of whether such expenditure will be made in the current fiscal year. Any such monies given to the Commission shall be added to the Commission's existing budget and shall not be added to the Township's general fund unless the funds may be used for operating expenses, in which case the Township Council will determine whether to use such funds to offset appropriated funding;

Review and approve or disapprove of applications for Certificates of Appropriateness pursuant to the provisions of this chapter as provided under § 96-7 to provide written reports to the Administrative Officer on same, with a copy to the Planning Board or Board of Adjustment if an application for development is submitted or anticipated;

Advise the Planning Board and the Board of Adjustment on applications for development pursuant to § 96-7 of this chapter;

Provide written reports pursuant to N.J.S.A. 40:55D-111 on application of the provisions of Chapter 180 of this Code concerning historic preservation; and

Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including making recommendations to the Township Council, Planning Board and Board of Adjustment.

§ 96-5 Designation of Historic Districts and Sites.

Criteria.

The criteria for designation as a Historic District or Historic Site shall be the same as the criteria for listing on the National or State Register of Historic Places and are the same criteria established by the National Register Criteria for Evaluation in the Code of Federal Regulations (Title 36, Part 60), as same may from time to time be supplemented or amended.

The criteria shall be applied and interpreted in the same manner by the Commission, Planning Board, Board of Adjustment, and Township Council.

Historic Districts.

Annexed as Appendix A[1] is a map of the designated Historic District established by the Township Council pursuant to this chapter and N.J.S.A. 40:55D-65i. Any future subdivisions, mergers or other modifications of the lots partially or fully contained within the boundary of the designated Historic District shall be considered part of the Historic District.

Editor's Note: Said appendix is included as an attachment to this chapter.

Period of Significance. The period of significance of the Historic District shall be circa 1720 to 1940.

Historic Sites. Annexed as Appendix B[2] is a listing of properties, structures, sites or objects designated as Historic Sites established by the Township Council pursuant to this chapter and N.J.S.A. 40:55D-65.1. Any future subdivisions, mergers or other modifications of the lots partially or fully designated as a Historic Site shall be considered a Historic Site.

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

Procedure for designation of additional Historic Sites or Districts. Proposals to designate a Historic Site or Historic District pursuant to this chapter and based on recommendations by the Historic Preservation Commission, Planning Board, Board of Adjustment, any interested party, shall be served on the Township Council and the Clerk of the municipality, in accordance with the following procedures:

Nomination for Designation Report Contents:

A photograph of the proposed Historic Site or each property within the proposed Historic District; and

A copy of the map filed in the office of County Clerk showing the proposed Historic Site or Historic District; and

A physical description of the proposed Historic Site or each property within the proposed Historic District; and

A statement of significance of the proposed Historic Site or Historic District, if applicable; and

For Districts, a building-by-building inventory of all properties within the proposed Historic District identifying their contributing or non-contributing statuses in accordance with § 96-5A of this chapter.

Public Notice and Opportunity to be Heard at a Public Hearing. Following receipt of a Nomination for Designation Report, the Clerk shall provide notice to each affected real property owner and those within 200 feet of the boundary of any proposed Historic District or Historic Site at least 10 days in advance of the public hearing of the proposed adoption by the Township Council or Planning Board of the proposed designation as an Historic Site and/or of all properties within the proposed Historic District, including the requirements that will apply to the Site and properties in the District if adopted, in accordance with N.J.S.A. 10:4-6 et seq. and 40:55D-62.1 as follows:

The Township Clerk shall provide notice at least 10 days prior to the hearing, by personal service or certified mail, to owners of all real property as shown on the current tax duplicates to be which is the subject of the hearing and those properties within 200 feet of same. A notice shall state the date, time, and place of the hearing, the nature of the matter to be considered, and an identification of the affected real property by street name and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office. The Township Clerk shall execute affidavits of proof of the notices and shall keep the affidavits on file along with the proof of publication of the notice.

At the public hearing, the Township Council or the Planning Board shall review the nomination for designation report. Property owners and those within 200 feet of the boundary of any proposed Site or District and the public shall be given the opportunity to be heard at the public hearing and to comment on the proposed designation.

Designation.

The Commission shall forward its report on the proposed designation to the Planning Board and/or Township Council, which shall contain a statement of its recommendations and reasons therefor with regard to proposed designations as Historic Sites or Historic Districts considered at the hearing, including any proposed revision to a list and map of properties considered for designation as an Historic Site or Historic District.

The Planning Board may approve the designation by placing the Historic Site or Historic District in the Historic Preservation Element of the Master Plan and promptly revise the existing Element and publishing notice of same.

The Township Council may act on the nomination for designation report and the Commission's recommendation pursuant to N.J.S.A. 40:55D-65.1 by enacting an ordinance regulating Historic Sites and properties, structures and natural objects within a Historic District or the Township Council may refer the nomination for designation report to the Planning Board, which in turn may act on its own as described above or may report to the Township Council within 60 days as to its position regarding the proposed nomination for designation report and proposed designation.

If the Township Council enacts an ordinance that rejects or modifies the Historic Site and/or Historic District designation recommendations made by the Planning Board or the Historic Preservation Commission in the nomination for designation report, the Township Council shall record in its minutes the reasons for not following such recommendation of the Planning Board or Historic Preservation Commission in the nomination for designation report.

Amendments. Any changes to Historic District or Historic Site designations may be made in the same manner as they were adopted in accordance with the provisions of this chapter, provided notice is given to real property owners pursuant to N.J.S.A. 40:55D-62.1.

§ 96-6 Certificate of Appropriateness.

Required. A Certificate of Appropriateness issued by the Commission shall be required before any Township Permit is issued for any of the following or, in the event that no other type of permit is required, before any work can commence on any of the activities listed below involving any Historic Site or District:

Change to the exterior appearance of any improvement, structure, site, or object by Addition, Reconstruction, Alteration, or Replacement, including, but not limited to, roofs, exterior wall finishes including siding and cladding, windows, window casements, trim, molding, corbels, other architectural features as defined herein, porches, railings, steps, entrance doors, garage doors, storefronts, signs, and/or lighting.

Changes to exterior site elements, including but not limited to hardscape, patios, decks, walls, and fences.

Addition, Alteration, or Replacement of wind or solar technologies and communication devices.

New construction of a building or structure of any size.

Relocation of a building, structure, site, object or improvement.

(6)

Demolition of less than substantially all of a building, structure, site, object or improvement.

Not required. A Certificate of Appropriateness shall not be required for the following:

Changes to interiors.

Changes not Visible, other than Relocation or Demolition.

Exterior painting of previously painted surfaces.

Ordinary Maintenance of an existing improvement, meaning its repair or replacement, provided that the work does not involve any change in the design, material, shape, texture, and appearance of any architectural features as defined herein.

Minor applications.

Minor applications, as defined herein, may be reviewed and approved by the Minor Work and Applications Subcommittee without holding a public hearing.

If the Minor Work and Applications Subcommittee finds the application appropriate, the Subcommittee may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a Certificate of Appropriateness to the Administrative Officer.

If the Minor Work and Applications Subcommittee does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission. The Subcommittee shall issue an approval or determination to schedule the application for a public hearing within seven days of the receipt of a minor application. If the seventh day falls on a weekend or holiday, the deadline to act shall be the next business day.

Minor Work and Applications include the following work:

In-Kind Replacement of roof or exterior wall material, including trim, decoration, molding, corbels, gutters or leaders, with materials to match the existing in design, material, shape, texture, and appearance.

Replacement of any window, door, including garage doors, in the same opening.

Replacement of any deck, porch or stoop including flooring, and railings.

Addition or Alteration of exterior storm windows, shutters, awnings without signs, storm doors, or screen doors.

Addition or Alteration of mechanical or utility equipment, not including wind or solar technologies, and storm windows.

Emergency Repairs.

When a Historic Site or Contributing Property in an Historic District requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others as interpreted by the Administrative Officer, emergency repairs may be performed in accordance with the applicable Township codes without first obtaining a Certificate of Appropriateness.

Under such circumstances, the repairs performed shall be strictly limited only such as are necessary to protect the health and safety of its occupants or others and/or to maintain habitability.

A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall performed until approval is obtained in accordance with the procedures set forth in this chapter.

§ 96-7 Review Process.

Referral. All applications for a construction or demolition permit or certificate of zoning compliance involving property which is an Historic Site or Contributing Property within an Historic District shall be referred by the Administrative Officer to the Commission for a written report regarding the proposed work.

Minor Work. For proposed minor or Ordinary Maintenance work defined in § 96-6C(4), which may or may not require a construction permit, the Applicant shall apply for and receive a Certificate of Appropriateness from the Minor Work and Applications Subcommittee prior to the commencement of any work. If the Minor Work and Applications Subcommittee does not find the application to be appropriate in accordance with the provisions of this chapter, the application shall be scheduled for a regular Commission Hearing.

Application.

Application forms shall be made available in the Township Zoning office. Completed application forms shall be submitted to the Administrative Officer.

Regular Application. A complete application for a Certificate of Appropriateness, other than Demolition or minor applications, shall include the following items:

Completed application form with Applicant and owner information, property information, and application and/or escrow fee.

Photographs showing the streetscape, adjacent contributing buildings, existing front facade and existing work area including overall and close-up views.

Drawings of the existing and proposed work area, including but not limited to a site plan, floor plans, elevations, sections and details of significant Architectural Features.

Technical documentation of material finishes and systems including catalog descriptions, product photographs and technical specifications.

Physical samples of proposed material finishes, if required by the Administrative Officer.

Demolition application. A complete application for a Certificate of Appropriateness for proposed Demolition of any Historic Site or building, structure, property or object within an Historic District shall include the following items:

Complete demolition application form with Applicant and owner information, property information, and application and/or escrow fee.

Photographs showing the streetscape, adjacent contributing buildings and all exterior elevations of any existing Improvement part of the proposed Demolition.

Statement of the need and purpose for the proposed Demolition.

Significance report on the existing Improvement prepared by a professional qualified in accordance with the Code of Federal Regulations (Title 36, Part 61), as same may from time to time be supplemented or amended, including:

Historic context within the Township.

[2]

Historic integrity as interpreted by the State Historic Preservation Office.

[3]

Historic significance as interpreted by the State Historic Preservation Office.

Structural conditions report prepared by a professional qualified structural engineer, experienced in the construction of historic buildings, setting forth information concerning the structural soundness and integrity of the Improvement.

(f)

Alternatives report prepared by a professional qualified in accordance with the Code of Federal Regulations (Title 36, Part 61), as same may from time to time be supplemented or amended, including:

Estimated cost and timing of restoration or rehabilitation of the Improvement so as to allow for its reasonable use.

[2]

Evidence of good faith offers of the Improvement for sale at a price that does not exceed its reasonable and comparable value to purchasers willing to Restore or Rehabilitate the Improvement and/or remove and relocate the Improvement at the purchaser's expense to another location within the Township.

[3]

Proof of reasonable and comparable value shall be demonstrated with recent appraisals, comparable sales of Improvements similar in location, character and condition to the subject Improvement.

(g)

Proof of notice of the proposed Demolition pursuant to N.J.S.A. 40:55D- 12.

Minor Work Application. A complete application for a Certificate of Appropriateness for a minor application shall include a completed minor application form and basic scaled drawings and/or technical documentation necessary to describe the extent of the proposed work.

Upon receipt of a complete application for a Certificate of Appropriateness, the Administrative Officer shall schedule a Commission hearing or referral to the Minor Work and Applications Subcommittee for the purpose of reviewing said application and shall advise the Applicant, in writing, of the time, date and place of said hearing, if applicable.

Commission Hearing.

The Commission shall review applications for Certificates of Appropriateness at a public hearing, unless eligible for review by the Minor Work and Applications Subcommittee. The Applicant shall be required to appear or to be represented at any meeting of the Commission at which the Commission will consider their application. The Commission shall not discuss Applications not noticed on public agenda for the meeting.

No later than 45 days after the Administrative Officer has referred a complete application to the Commission, the Commission shall return to the Administrative Officer its written report granting or denying a Certificate of Appropriateness, which report may be stated in resolution form. The Commission shall file said report with the Administrative Officer, together with the Certificate of Appropriateness if granted, within 10 days of the Commission's decision on the application and, on the same date, shall forward a copy of the report and the Certificate of Appropriateness to the Applicant.

If, within the above forty-five-day period, the Commission has denied the issuance of a Certificate of Appropriateness required for the issuance of a permit or recommended that conditions be met prior to the issuance of a permit, the Administrative Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.

Failure of the Commission to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.

Nothing herein shall prohibit an extension of time by mutual oral or written agreement of the Applicant and the Commission.

(6)

After a Certificate of Appropriateness has been issued by the Commission, the Administrative Officer shall, from time to time, inspect the work approved by the Commission and report to the Commission any work not in accordance with such resolution of approval and the corresponding Certificate of Appropriateness. Such work not in accordance may be subject to penalties in accordance with § 96-12 of this chapter.

(7)

A Certificate of Appropriateness shall be valid for a period of one year from the date of its issuance. Upon reasonable request by the Applicant, the Commission may grant up to two one year extensions.

Interaction with the Planning Board or Board of Adjustment.

The Commission shall review all applications involving a Historic Site and properties within Historic Districts regardless of whether such applications are subject to Planning Board or Board of Adjustment review.

Where an application for development is subject to Planning Board or Board of Adjustment review, the application shall be heard by the Commission before being heard by the Planning Board or Board of Adjustment. The Commission shall submit a copy of its written advisory report to the Planning Board or Board of Adjustment for consideration.

The Commission, through its delegation of one of its members or staff or other designee, may testify at Planning Board or Board of Adjustment hearings on applications for development and to explain any written report which may have been submitted.

The decision of the Planning Board or Board of Adjustment shall be the final decision on the application for development, including those aspects of the application contained in the report of the Commission.

In cases where the approval of an application for development by the Planning Board or Board of Adjustment would result in the Demolition of a Historic Site or property within an Historic District, issuance of a Certificate of Appropriateness by the Commission for Demolition shall be included as a condition in the Board's resolution of approval.

§ 96-8 Standards for Review.

Secretary of the Interior's Standards. In performing its responsibilities as set forth in this chapter, the Commission shall apply the applicable sections of the United States Secretary of the Interior's Standards for the Treatment of Historic Properties, and new construction in historic districts, as same may from time to time be supplemented or amended.

Historic Design Guidelines. The Commission shall consider additional standards and recommendation included in the Historic Design Guidelines which shall be adopted by the Township Council, and referenced in the Township ordinance creating the Historic Preservation Commission attached herein as Appendix C.[1] In the event where the Historic Design Guidelines conflict with provisions of the Secretary of the Interior's Standards, the Historic Design Guidelines shall govern.

Editor's Note: Appendix C is on file in the Township offices.

General. The Commission shall consider the following general criteria:

The historical value of the landscape or streetscape.

The historical value of a building, structure, site, object, Improvement, or Historic District and its relationship to Contributing Properties of the surrounding area.

The general compatibility of the proposed work to the historical value of the surrounding Historic District. In regard to an application for new construction, Alterations, Additions, or Replacements affecting an Improvement within the Historic District or a designated Historic Site, the following shall be considered in relation to its setting and context, including:

Height.

Massing.

Scale.

Proportion of the width and height of the building's facades.

Proportion of openings within the building.

(f)

Rhythm of spacing of buildings within the Streetscape.

(g)

Rhythm of solids to voids on facades fronting on public thoroughfares.

(h)

Relationship of materials and texture.

(i)

Construction in a range of design and style options which are harmonious with neighboring Contributing Properties of the surrounding area.

The general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical value of the surrounding area. The following shall be considered for design review:

All exterior elevations, including the roof, must be maintained and new construction must be compatible and harmonious with existing Contributing Properties of the surrounding area.

In-kind or similarly compatible building materials must be utilized.

De minimis exception. The standards provided for in this chapter may be waived by the Commission based upon finding that the impact from said waiver will not have a material or substantial impact on the Historic Resource.

Relocation. In considering whether to approve or disapprove a Certificate of Appropriateness for a Relocation of an existing Improvement, the Commission shall consider:

The impact that losing its original or historic location would have on the Improvement, and, if the present location is within a Historic District, the impact on the Historic District as a whole.

The reasons for not retaining the Improvement at its present site.

The compatibility, nature, and character of the areas surrounding the current site and the proposed site, as they relate to the protection of interest and values referred to in this section.

If the proposed new location is within a Historic District, visual compatibility factors as set forth in Subsection C.

The probability of significant damage to the Improvement itself.

(6)

If it is to be removed from the Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township.

Partial or Full Demolition.

Criteria. In considering whether to approve or disapprove a Certificate of Appropriateness for partial or full Demolition of an Improvement within the Historic District or at a Historic Site, the Commission shall consider:

Its historic, architectural, cultural or scenic significance in relation to the criteria established in Subsection C of this section.

If it is within a Historic District, its significance to the District and the probable impact of its removal on the character and ambiance of the District, and the criteria which were the basis of the designation of the District.

Its potential for reasonable use for those purposes currently permitted by the applicable Zoning regulations.

Its structural condition and the economic feasibility of alternatives to the Demolition.

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.

(f)

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 great difficulty and expense.

(g)

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 Township an attractive and desirable place in which to live.

Alternatives. The Commission shall be empowered to assist the Applicant in developing plans to preserve the Improvement when Relocation or Demolition thereof would be a significant loss to the Township. The Commission shall be empowered to assist the Applicant in developing plans to preserve the Improvement when Relocation or Demolition thereof would be a significant loss to the Township, including recommending to the Planning Board, Zoning Board of Adjustment and/or the Township Council that the area in which the Improvement lies be designated as a public area pursuant to N.J.S.A. 40:55D-44, and that the reservation of the Improvement as a public area within any proposed development, be considered as part of any Application for Development for subdivision, or preliminary or final site plan approval. The Commission shall be empowered to negotiate with the Applicant to see if a reasonable alternative can be found.

Delay. Where the Commission disapproves an application for a Certificate of Appropriateness for Demolition, the Applicant shall, nevertheless, as a matter of right, be entitled to demolish such Improvement, provided that all of the following requirements have been fully met:

Appeal pursuant to § 96-9C of this chapter.

Sale for fair market value. The Applicant has, prior to seeking demolition, for a period of at least one year and at a price reasonably related to its fair market value, made a bona fide offer to sell such Improvement to a buyer which gives reasonable assurances that it is willing to preserve the Improvement and land pertaining thereto.

Demolition notice. Notice of proposed Demolition shall be posted by the Applicant on the premises of the Improvement throughout the notice period in a conspicuous location clearly legible from the public thoroughfare.

Notice period. The period of time commencing on the last day following the date of denial for a Certificate of Appropriateness by the Commission during which notice must be given in the manner set forth in the preceding subsections.

Salvage. With respect to Certificates of Appropriateness granted for Demolitions, in the event the Applicant does not intend to salvage or recycle parts of the Improvement, the Applicant for 30 days at their discretion afford interested parties and groups the opportunity to remove parts or Architectural Features from the Improvement prior to Demolition.

§ 96-10 Demolition by Neglect; notice of violation; hearing.

Assignment. No assignment of the rights granted by a Certificate of Appropriateness related to Demolition shall be permitted.

§ 96-9 Effect and Appeal.

Approval. Issuance of a Certificate of Appropriateness 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 Township ordinance to be made prior to undertaking the action requested concerning the Historic Resource.

Denial. Denial of a Certificate of Appropriateness shall be deemed to preclude the Applicant from undertaking the activity applied for.

Appeals. In the event an Applicant or objector is dissatisfied with the decision of the Commission, an appeal may be filed to the Board of Adjustment within 20 days of the date of the decision of the Commission. The Board of Adjustment shall hear and decide the question of the issuance of a Certificate of Appropriateness within 90 days of the filing of the appeal.

Priority. Recognizing the threat of demolition by neglect and the need for preventive maintenance to ensure the continued useful life of Historic Resources, the Township hereby declares that code enforcement of Historic Resources to be a high Township priority.

Notice of Violation. In the event that any Historic Site or property within an Historic District deteriorates to the point that, in the best estimate of the Administrative Officer, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire Improvement on which the violation occurs, the Administrative Officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the Historic Site or property within an Historic District listing the violations, the estimate for their abatement and the replacement cost of the Improvements and stating that, if the owner does not take all necessary remedial action within 60 days or such extensions as the Administrative Officer shall grant for good cause, the Township's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.

Hearing. Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Administrative Officer of their intention to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the Administrative Officer shall establish the matters alleged in the notice by a preponderance of the evidence. If a hearing is requested, the Administrative Officer will, within 10 days following the hearing, serve on the owner an opinion, in writing, setting forth their conclusions and the reasons therefor.

Action Without a Hearing. If the owner does not request a hearing, the findings of the Administrative Officer set forth in the notice issued in Subsection B shall be binding, and the Administrative Officer may take such necessary action as granted by the provisions of this chapter.

Right of Abatement. If the owner does not comply with the findings of the Administrative Officer, the Administrative Officer may enter onto the premises and, by use of Township labor or outside contractors, or both, perform such work as is necessary to abate all violations.

Costs. The Administrative Officer shall then certify to the Township Council the cost of such work performed, plus all administrative, clerical, architectural, engineering, and legal costs and overhead attributable thereto, and shall present the same to the Township Council.

Lien. The Township Council may by resolution vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes.

§ 96-11 Disclosure.

Disclosure required. Whenever a real property in an Historic District or a Historic Site is to be sold or leased, the seller or lessor thereof shall tender to all prospective purchasers or lessees a copy of the preprinted information available from the Township Zoning Office regarding this chapter. The seller or lessor shall obtain the signatures of all parties to a sale or lease of such real property, showing that the preprinted information has been received.

Time of disclosure. The disclosure required shall be completed no later than at the time the real estate sale or lease contract is executed between the seller and purchaser or lessor and lessee.

§ 96-12 Violations penalties; enforcement.

Violations Defined.

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any total or partial Demolition, or removal or relocation without approvals required by this chapter shall be deemed to be in violation hereof.

If any person shall undertake Demolition or removal of any portion of any real property, structure or natural object within an Historic District or of an Historic Site without first having obtained a permit, they shall be required to immediately stop the demolition or removal, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the permit for Demolition is denied, they shall immediately restore the affected premises to its condition prior to any Demolition. In the event of a threat of imminent action for which the necessary approvals have not been granted and which action would have an adverse effect on a Historic Site or District, the Administrative Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

Notice of violations. Upon learning of the violation, the Administrative Officer shall personally serve upon the owner of the property 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 building, structure or site to its condition prior to the violation. If the owner cannot personally be served within the Township with said notice, a copy shall be posted on the property and a copy shall be sent to the owner at their last known address.

Injunctive relief. In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Administrative Officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or site; or to prevent any illegal act, conduct, business, or use in or about such premises as follows:

If any person shall undertake any activity requiring a Certificate of Appropriateness of the Commission without first having obtained approval, they shall be required to immediately stop the activity, apply for approval of a Certificate of Appropriateness and take any necessary measures to preserve the affected premises pending such approval. If the certificate of appropriateness is denied, they shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B hereof.

In the event of the threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change a Historic Site or property within an Historic District, the Administrative Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

Penalties. In addition to the remedies provided above, a person convicted of a violation of this chapter before a court of competent jurisdiction shall be subject to penalties as follows:

For each day up to 10 days: not more than $750 per day.

For each day between 11 and 25 days: not more than $1,000 per day.

For each day beyond 25 days: not more than $1,250 per day.

If a Historic Site or property within an Historic District is subject to the provisions of this Chapter is Demolished or removed without first obtaining a Certificate of Appropriateness and other applicable permits, the owner shall be afforded a thirty-day period to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation and penalty. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250/day may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the cure or abatement has not substantially been completed. If the Demolition or removal of the Historic Site or property, structure or object within an Historic District has not been or cannot be cured or abated, any application for development for the property shall obtain a Certificate of Appropriateness from the Commission as a mandatory condition of approval.