[Amended 6-10-1985 by Ord. No. 1985-4; 12-8-1986 by Ord No.
1986-33; 1-25-1988 by Ord. No. 1987-13; 4-11-1988 by Ord. No. 1988-2; 6-22-1992 by Ord. No. 1992-5; 3-8-1993 by Ord. No. 1993-5; 6-24-1997 by Ord. No. 1996-7; 7-27-1998 by Ord. No. 1998-5; 6-11-2007 by Ord. No. 2007-14; 9-28-2009 by Ord. No. 2009-14; 3-12-2012 by Ord. No. 2012-02; 4-28-2014 by Ord. No.
2014-10]
A.
The historic preservation article and guidelines are intended to
implement the goals and objectives established within the Township
Master Plan, Township Redevelopment Plan/s, and to:
(1)
Safeguard the heritage of the Township of Mount Holly, preserving
those elements of the natural and built environment of the Township
which reflect its cultural, social, economic and architectural history.
(2)
Support of the maintenance and development of harmonious settings
for the architecturally and historically significant sites within
Mount Holly Township.
(3)
Stabilize and improve property values and facilitate (not hinder)
municipal redevelopment.
(4)
Foster civic pride and beauty.
(5)
Protect and enhance the Township's historic sites for residents,
tourists and visitors.
(6)
Promote, support and stimulate the use of the historic sites
for the education, pleasure and welfare of the citizens of the Township,
its visitors, business and industry.
(7)
Encourage beautification and private reinvestment.
(8)
Balance historic preservation with the economic development
goals and the quality of life of Mount Holly's residents.
(9)
Not be overly excessive as to be an economic disincentive to
improving an existing property or choosing Mount Holly as a new home
or place of business.
(10)
Guide the advisory recommendations of the Commission so that
properties within the historic district may utilize modern alternative
materials, be feasibly maintained, repaired, and upgraded.
(11)
Not require or prohibit any particular architectural style;
rather, its purpose is to preserve the past by making the past compatible
with and relevant to the present. To that end, new construction upon
or near a landmark or within the historic district should not necessarily
duplicate the exact style of the landmark or district; however, it
must be compatible with, and not detract from, the landmark and/or
historic district.
B.
Establishment of system; Historic Preservation Commission.
(1)
There is created in the Township an agency to be known as the
"Historic Preservation Commission" ("Commission").
(2)
Planning Board. The Commission will work with and advise the
Planning Board on the effect of development applications in historic
zoning districts or on historic sites designated on the Zoning or
Official Map, or as otherwise identified in the Municipal Master Plan.
(3)
The Commission will provide a written report (certificate of
appropriateness) to the Construction Code Official on each application
for issuance of a permit pertaining to an historic site or property
as may be required by this article.
(4)
The boundaries of the municipal historic district are as established
by the map attached to this chapter and made a part hereof. The location
of each historic site situated outside of the historic district shall
be as designated on the map attached and made a part of this chapter.[1]
[1]
Editor's Note: A copy of the map is on file in the Township
Clerk's office.
A.
It is the intention of the Township Council to create an advisory
Historic Preservation Commission "Commission" to serve the Township
Planning Board on certain development applications within the municipal
historic district and affecting designated historic landmarks.
B.
Permitted uses. Uses permitted within the Historic District or on
an historic site shall be the same as those permitted in the underlying
zoning district, except that the Planning Board may grant variances
and from such regulations in accordance with the Municipal Land Use
Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C.
Area and height regulations. The maximum building height, minimum
lot size, maximum coverage and other land development regulations
shall be as provided in this chapter for the respective zones, except
that the Planning Board may grant variances and waivers from such
regulations in accordance with the Municipal Land Use Law.
The terms set forth hereinafter shall have the following meanings:
An extension or increase in building size, volume or floor
area.
The Construction Code Official, unless otherwise designated.
Any development activity which alters the exterior architectural
appearance of an historic site or any improvement within an historic
district.
As applied to a building or structure, a change or rearrangement
in the structural parts or architectural features not leading to an
increase in building size, volume or floor area.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A document indicating permission or a permit to commence
work or activity on a structure located within the historic district
or a designated historic site.
Partial or total razing or destruction of any historic site
or of any improvement within an historic district.
A property and/or structure within an historic district or
an historic landmark.
The condition of being in need of repairs; a structure or
building in disrepair.
A project, work effort, improvement, action/activity that does not require review by the Historic Preservation Commission. See § 149-164, Actions exempt from Commission review.
High Street Historic District HD1 (all properties with frontage
along High Street) and Mount Holly Municipal Historic District HD2.
A definable group of Tax Map lots delineated in the Township Master
Plan, which, when taken as a group, represent periods of cultural,
architectural, judicial, and economic growth in the history of the
Township of Mount Holly. Resources within an historic district are
classified as either "key," "contributing," or "noncontributing,"
which are defined as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for historic site status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
The agency which, for the purpose of this chapter, acts as
the Historic Preservation Commission pursuant to the Municipal Land
Use Law.[1]
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing determined
to be of historical, archeological, cultural, scenic or architectural
significance in accordance with the provisions of this chapter.
Any real property (whether located within or outside of an historic
district), such as a building, structure, ruins, foundation, route,
trail, place or object, including but not limited to a cemetery, burial
ground, village area, bicycle railway or a natural object, configuration,
geological feature or formation which:
Is of particular historic, cultural, scenic or architectural
significance to the Township of Mount Holly, and in which the broad
cultural, political, economic or social history of the nation, state
or community is reflected or exemplified;
Is identified with important events or personages of national,
state or local history;
Yields important archaeological information;
Embodies a distinguishing characteristic or an architectural
type valuable as representative of a period, style or method of construction;
or
Represents a work of a builder, designer, artist or architect
whose individual style significantly influenced the architectural
history of the Township of Mount Holly or other areas.
The designation of a landmark shall be deemed to include the
Tax Map lots on which it is located. All landmarks shall specifically
be identified within the historic preservation element of the Township
Master Plan.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
The authenticity of a property's historic identity, as evidenced
by the survival of physical characteristics that existed during the
property's significant periods. The fewer alterations and additions
a designated historic property has undergone since the identified
period of significance, the more authentic its historic identity is
(that is to say the integrity of the property remains true to the
period of identified significance). The integrity of a designated
historic property may change over time or new information may become
available that may lead the Historic Commission or Planning Board
to recommend a change in the properties designated status (key, contributing,
noncontributing).
Any application for a certificate of appropriateness which
is not defined as a minor application.
Any application for a certificate of appropriateness which can be approved administratively by the Historic Preservation Commission Chairperson in accordance with § 149-165F.
A thing of functional, aesthetic, cultural, historic or scientific
value that may be, by nature of design, movable yet related to a specific
setting or environment.
Repairing any deterioration, wear or damage to a structure,
or any part thereof, in order to return the same as nearly practicable
to its condition prior to the occurrence of such deterioration, wear
or damage. "Ordinary maintenance" shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials and having the same appearance.
To partially or completely cause a structure or portion of
a structure to change to another location, position, station or residence.
Any work done on any improvement which:
Repairs affecting (see above for definition of "affecting")
the exterior architectural appearance of a structure. New materials
(the same as which that were there before the work effort) being installed
on an existing building-structure that do not change the exterior
architectural appearance of an improvement may be considered a repair,
provided the project complies with Subsection B of the definition
of "repair."
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.
Any letter, symbol, pictorial representation, flag or emblem,
or combination of these, illuminated or not, which is intended to
be seen from the outside of a building and which is designed to convey
a message of the public concerning the identification or advertisement
of the commercial interests of any private or public firm, person
or organization. This includes all signs other than public information
or directional signs.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Members. The Commission shall consist of five regular members and
two alternate members. The members of the Commission shall serve without
compensation.
(1)
Member classes.
(a)
Class A: The regular Class A member shall be a person who is
knowledgeable in building design and construction or architectural
history.
(b)
Class B: The Class B member shall be a person who is knowledgeable
or with a demonstrated interest in local history.
(c)
Although a person who is not a resident of the Township may
serve as a Class A or Class B member, preference shall be given to
residents having a degree in architecture, history or archaeology
who satisfy the requirements of the National Historic Preservation
Act.[1]
[1]
Editor's Note: See 54 U.S.C. § 100101 et seq.
(d)
Class C: The remaining three regular members shall be designated
as Class C. Class C members shall be citizens of the Township who
shall hold no other municipal office, position or employment except
for membership on the Planning Board and who shall have a demonstrated
interest, competence or knowledge in historic preservation. Alternate
members shall meet the qualifications of Class C members.
(2)
Appointment and terms. The Mayor shall appoint, with the approval
of the Common Council, 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."
(a)
The terms of the members first appointed 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 the 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.
(b)
Vacancy. A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only. Notwithstanding
any other provision herein, the terms of any member common to the
Commission and the Planning Board shall be for the term of membership
on the Planning Board.
(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.
(4)
A member may, after public hearing if so requested by the member,
be removed by the Common Council for cause.
(5)
No member shall be permitted to act on any matter in which he
or she has, either directly or indirectly, any personal or financial
interest.
(6)
The Common Council shall annually designate a member to serve
as the liaison between the Common Council and the Commission.
B.
Officers; duties. The Commission shall annually 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.
The Secretary shall keep written or recorded minutes of all proceedings.
The Secretary shall also keep a log of all decisions on applications
by designated lot, block and address, which log shall be maintained
as an official record of the Township.
C.
Meetings; rules. The Commission shall meet at least once per month
and shall adopt rules and regulations of procedure to include the
following:
(1)
That a quorum to conduct a meeting shall be at least three members,
which may include alternate members.
(2)
That all meetings shall comply with N.J.S.A. 10:4-6 et seq.,
known as the "Open Public Meetings Act."
(3)
Such other rules and regulations as the Commission may adopt
to further its purposes.
D.
Experts and staff; expenses and costs.
(1)
The Common Council may make a provision in its budget and appropriate
funds for the expenses of the Commission.
(2)
Subject to approval by Mayor and Council the Commission may
employ, contract for and fix the compensation of experts and other
staff and services in order to fulfill their responsibilities.
(3)
The Commission shall obtain its legal counsel from the Township
Solicitor at the rate of compensation determined by the Common Council.
(4)
Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Common Council
for the Commission's use.
E.
Responsibilities. The Commission shall have the responsibility to:
(1)
Balance historic preservation with the quality of life, redevelopment,
and economic development goals as established within Mount Holly's
Municipal Master Plan and supported by the Mayor and Council.
(2)
Approve, approve with conditions or deny applications for certificates
of appropriateness.
(3)
Advise and assist the Planning Board during the preparation
and/or update of the Historic Preservation Plan Element of the Master
Plan which may include recommendations concerning designation or changes
to designations of key, contributing, and noncontributing structures.
(4)
Advise and assist the Planning Board during the preparation
of a capital improvement program on matters related to historic preservation.
(5)
Advise the Planning Board on certain applications for development
within the historic district.
(6)
Advise the Planning Board, upon request by the Planning Board,
as to any applications which are not within but which may substantially
affect any historic district or historic landmarks.
(7)
Advise the Construction Code Official by written report concerning
applications for issuance of permits pertaining to historic sites
or property in the historic district.
(8)
Report annually to the Planning Board and to the Common Council
as to the state of historic preservation within the Township, to include
recommendations and measures for improvement or amendment and to recommend
the placement of appropriate historical markers on designated structures
and sites.
(9)
Recommend, as circumstances warrant, amendments or deletions
to the list of landmarks specified on the historic preservation element
of the Master Plan, amendments to the Historic District Map or the
creation of new historic districts to the Planning Board, which is
charged with the responsibility of implementing those recommendations
and designation of historic landmarks.
(10)
Collect and disseminate materials on the importance of historical
preservation.
(11)
Advise any interested citizen, applicant, municipal, county
or state agency regarding the goals and techniques for historic preservation
as it relates to the preservation of the heritage of the Township.
(12)
Recommend adoption and promulgation of such regulations and
procedures, not inconsistent with this chapter, as may be necessary
and proper for the effective and efficient performance of the duties
and purposes of the Commission.
(13)
Carry out such advisory, educational and informational functions
as will promote historic preservation in the Township and consult
with the local historical society, the Burlington County Historical
Society, on all matters pertaining to the protection of the Township's
historic resources.
(14)
Review historical survey material and, if necessary, to update
said material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's integrity
or condition to be reported to the Planning Board.
(15)
Advise the Township Council on available grants that may be
available to the Township to support historic preservation efforts
that would benefit the entire Township.
F.
Procedure for designation of historic sites and historic districts:
(1)
In addition to the structures already identified as being within
the historic district or designated as a landmark, the Commission
shall consider for historic site or historic district designation
any additional buildings, structures, objects, sites, and districts
within the Township which merit historic site or historic district
designation and protection, possessing integrity or location, design,
setting, materials, workmanship of association and being:
(a)
Of particular historic significance to the Township by reflecting
or exemplifying the broad cultural, political, economic or social
history of the nation, state or community; or
(b)
Associated with historic personages important in national, state
or local history; or
(c)
The site of a historic event which had a significant effect
on the development of the nation, state or community; or
(d)
An embodiment of the distinctive characteristics of a type,
period or method of architecture or engineering; or
(e)
Representative of the work of an important builder, designer,
artist or architect; or
(f)
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
(g)
Able or likely to yield information important in prehistory
or history.
(2)
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional historic sites or historic districts recommended for designation. For each historic site, there shall be a brief description of the historic site and the significance pursuant to the criteria in Subsection F(1) of this section, a description of its location and boundaries. Thereafter, the Commission shall refer any property recommended for designation to the Planning Board.
(3)
The Planning Board may consider amending the municipal Master
Plan in accordance with the Commission's recommendation and with the
procedures established within the MLUL. The Township Council may support
and enact changes to historic district limits and ordinances that
may be included in master plan revisions through the ordinance adoption
process as enabled by the MLUL.
(4)
All historic sites and historic districts shall be based on
identifications in the Historic Preservation Plan element of the Master
Plan.
(5)
Notwithstanding the above procedures, the Common Council may,
at any time, adopt, by affirmative vote of a majority of its authorized
membership, a zoning ordinance designating one or more historic sites
or historic districts that are not based on identifications in the
historic preservation plan element, the land use plan element or community
facilities plan element, provided the reasons for the action of the
governing body are set forth in a resolution and recorded in the minutes
of the governing body.
A.
Actions exempt from Commission review. Review by the Commission is
not required and a certificate of appropriateness shall not be needed
for the following actions/activities:
(1)
Emergency situations: emergency repair to preserve continued
habitability. When an historic site requires immediate emergency repair
to preserve the continued habitability of the building and/or health
and safety of its occupants or others, emergency repairs may be performed
in accordance with existing codes then in effect, without the necessity
of first obtaining the Commission's review. Under such circumstances,
the repairs performed shall only be such that are necessary to maintain
the habitability of the structure. If required by this article, an
application for a certificate of appropriateness should be made as
soon as possible, and no additional work shall be performed upon the
structure until approval is obtained in accordance with the procedures
set forth in this chapter.
(2)
Interior: for changes to the interior of structures.
(3)
Landscaping and sculpture: landscaping involving plants, trees,
sculpture or nonstructural ornaments.
(4)
Architecural appearance: Noncontributing properties may undergo
a change or rearrangement in the structural parts or architectural
features (which may require building permits), which may change the
architectural appearance of the property but does not lead to an increase
in building size (volume or floor area).
(5)
Painting 1:
(a)
Painting previously unpainted surfaces, regardless of color
on the following properties:
[1]
Noncontributing properties not within the High Street Historic
District.
[2]
Contributing properties not within the High Street Historic
District.
[3]
Contributing properties within the High Street Historic District
when the exterior work (paint color) is not visible from High Street
or connecting streets.
(b)
Note: All key properties require an administrative or Commission
approval for exterior work that alters/changes the existing architectural
appearance of the property.
(6)
Painting 2:
(a)
Painting previously painted surfaces, regardless of color on
the following properties:
[1]
Noncontributing properties.
[2]
Contributing properties not within the High Street Historic
District.
[3]
Contributing properties within the High Street Historic District
when the exterior work (paint color) does not alter/change the existing
appearance of the property as viewed from High Street or connecting
streets.
[4]
Key properties when the exterior work (paint color) does not
alter/change the existing appearance of the property.
(b)
Note: All key properties require an administrative or Commission
approval for exterior work that alters/changes the existing architectural
appearance of the property.
(7)
Exterior work 1:
(a)
Exterior work that does not require a permit on the following
properties:
[1]
Noncontributing properties.
[2]
Contributing properties not within the High Street Historic
District.
[3]
Contributing properties within the High Street Historic District
when the exterior work does not alter/change the existing architectural
appearance of the property as viewed from High Street or connecting
streets.
[4]
Key properties when the exterior work does not alter/change
the existing architectural appearance of the property.
(b)
Note: All key properties require an administrative or Commission
approval for exterior work that alters/changes the existing architectural
appearance of the property.
(8)
Exterior work 2: Exterior work that requires a permit: repair or replacement using the same materials, provided the architectural appearance of the building is not changed. New materials (the same as which that were there before the work effort) being installed on an existing building-structure that do not change the exterior architectural appearance of an improvement may be considered a repair, provided the project complies with Subsection B of the definition of repair. See the definitions of "repair" and "replacement."
B.
Actions requiring Commission review for a certificate of appropriateness.
(1)
Development application. The Planning Board shall refer to the Commission every application form and all accompanying documents required by ordinance for approval of an application for development, i.e., subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36, submitted to the Board for development in an historic zoning district or on an historic site designated on the Zoning or Official Map or identified in any component element of the Master Plan. This 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 shall hear such applications employing its procedures set forth in § 149-165 and the criteria set forth in § 149-167.
(2)
Building permit application. Except when review is expressly exempted pursuant to § 149-164A, all applications pertaining to historic sites or property in historic districts shall be referred to the Commission by the Construction Code Official for a written report (certificate of appropriateness) on the application of the zoning provisions of this chapter concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by the Planning Board pursuant to the Municipal Land Use Law.[1] The Commission shall hear such applications employing its procedures set forth in § 149-165 and the criteria set forth in § 149-167.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
No development application or building permit needed; however, Historic Preservation Commission review still required. Except when review is expressly exempt pursuant to § 149-164A, projects that alter or change the existing appearance of key and contributing properties in the High Street Historic District and other key properties throughout the Township require an administrative or Commission approval depending on the type of work involved. The property owner (or applicant as authorized by the property owner) shall make application directly to the Commission for a certificate of appropriateness. The Commission shall hear such applications employing its procedures set forth in § 149-165 and the criteria set forth in § 149-167, and will render its findings in writing. The findings of the Commission, in such cases, shall be enforceable by the Construction Code Official.
A.
Classification of structures within the historic district. Property
within the designated historic district shall be classified as key,
contributing or noncontributing, based on designations in the Master
Plan Historic Preservation Plan Element and associated historic resource-property
survey-inventory.
B.
Application. The property owner or applicant seeking approval for
a certificate of appropriateness shall file a properly completed application
for certificate of appropriateness and submit it to the administrative
officer. The administrative officer will record the date the application
packet was submitted to the Township and assign an application number.
The application will be reviewed for technical completeness in processed
in accordance with the procedures below.
(1)
Fees: There shall be no application fees or escrow charges for
obtaining a certificate of appropriateness unless otherwise permitted
by the Township of Mount Holly through a redevelopment agreement or
other legally permissible mechanism. In the event the Township shall
permit and/or require such fees or escrow charges, the applicant shall
be notified in advance of such fees and/or escrow.
C.
Development applications; procedures for the Commission's review:
For all applications presented to the Planning Board which affect
an historic site or an improvement within the historic district, the
property owner shall submit an application for a certificate of appropriateness
to the Planning Board along with the request for the Board's approval.
(1)
The Planning Board will forward to the Commission a complete
application for development as well as the application for a certificate
of appropriateness. The Commission shall be allowed at least 14 days
from the day it receives a complete application to prepare its advisory
recommendations to the Planning Board.
(2)
Should the Commission elect to make any advisory recommendations,
it may be conveyed through its delegation of one of its members or
staff to testify orally at the Planning Board hearing on the application
and to explain any written report (certificate of appropriateness)
that may have been submitted.
(3)
The Commission's recommendations shall focus on how the proposed
undertaking would affect an historic site or architectural significance.
In considering the Commission's recommendations (which may be accepted,
modified, or rejected), the Planning Board should consider Master
Plan goals and the guidelines included within this ordinance.
D.
Permit (building or other) applications; procedures for the Commission's
review.
(1)
Unless exempt from review per § 149-164A, prior to undertaking any action that requires a building permit affecting the exterior architectural appearance of an historic site or an improvement-structure within the historic district, the property owner shall complete and submit to the Construction Code Official and Commission Secretary an application for a certificate of appropriateness. Applications for certificates of appropriateness under this section may include, but not be limited to, approvals for permits for new construction, demolition, alterations, additions or replacements affecting the exterior architectural appearance of an historic site or an improvement-structure within the historic district.
(2)
The Commission's Secretary shall review the application for
technical completeness against the application checklist for certificates
of appropriateness. Any application found to be incomplete by the
Commission Secretary shall be returned to the property owner within
10 days of receipt of the application with a written explanation why
the application has been returned.
(3)
When an application is found to be technically complete by the
Commission Secretary, the Commission's Secretary shall schedule the
application to be reviewed at the Commission's next regularly scheduled
meeting. The property owner shall be notified of the Commission meeting
date and is welcome to present his or her application to the Commission
for approval. Applicants are also encouraged to reference any section
of the Historic Preservation Ordinance or Master Plan that supports
their project for approval.
(4)
The Commission shall inform the property owner and the Construction
Code Official of its decision by a written certificate of appropriateness,
setting forth its findings and conclusions no later than 45 days from
the day the application shall have been deemed technically complete.
(5)
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.
E.
Review when an application for development or building permit is
not required. No development application or building permit needed;
however, Historic Preservation Commission review still required.
(1)
Review when an application for development or building permit is not required within the High Street Historic District. In the event that the Zoning Officer or the Construction Code Official shall determine that a building permit and/or application for development involving any development activity that would affect an historic district or historic site is not needed, then the property owner and/or tenant of the property on which the exterior changes, alterations or improvements are proposed to be made shall make application directly to the Commission for a certificate of appropriateness. The Commission shall hear such applications employing its procedures set forth in § 149-165D and the criteria set forth in § 149-167, and will render its findings in writing. The findings of the Commission, in such cases, shall be enforceable by the Construction Code Official.
F.
Administrative approval; "fast-track."
(1)
After reviewing a technically complete application for administrative approval the Historic Preservation Commission Chairperson may approve the issuance of a certificate of appropriateness for specific minor actions-activities on properties within the historic district. The administrative approval may be based upon the written recommendations of the Commission's consultant and involve a site inspection by the consultant and/or Chairperson prior to the approval. The administrative approval (certificate of appropriateness), if obtained, must be provided, in writing, by the Commission Chairperson to the Historic Preservation Commission Secretary, who will provide a copy to the applicant. Applicants for administrative approval must complete the necessary application for certificate of appropriateness and submit it to the administrative officer at the Township. In order to allow the Chairperson a reasonable time frame to review and approve a "fast-track" application, the application may be processed according to the time limits established within § 149-165D for technical completeness and approval by the Commission Chairperson. Minor projects that may apply for administrative approval of a certificate of appropriateness:
(a)
Painting: painting previously painted surfaces on contributing
properties within the High Street Historic District when the exterior
work (paint color) does alter/change the existing appearance (color/s)
of the property as viewed from High Street or connecting streets.
(b)
Architectural appearance 1: exterior work that does not require
a permit on contributing properties within the High Street Historic
District when the exterior work does alter/change the existing architectural
appearance of the property.
(c)
Architectural appearance 2: exterior work that does not require
a permit on key properties when the exterior work does not alter/change
the existing architectural appearance of the property.
(d)
Screen doors: installation or replacement of a screen or storm
door that would be architecturally appropriate for the building or
structure in question.
(e)
Door: replacement of an exterior door that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(f)
Roofing material: replacement of any roofing material with architectural dimensional shingles, standing seam metal roofing, synthetic slates, real slate, synthetic cedar shakes, wood shakes or any other alternative material that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(g)
Roof structure: repair and replacement of existing roof structures, such as cupolas, dormers and chimneys, using the same materials, which will not alter the exterior architectural appearance of the structure. [See Subsection F(2) below.]
(h)
Garage door: installation or replacement of garage doors that would be architecturally appropriate for the structure in question. [See Subsection F(2) below.]
(i)
Shutter: replacement or installation of shutters that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(j)
Gutters and downspouts: replacement of gutters and downspouts that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(k)
Windows: replacement of windows that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(l)
Siding: replacement of siding that would be architecturally appropriate for the building or structure in question. [See Subsection F(2) below.]
(m)
Business signage.
(2)
Material and design. Although applicants are encouraged to install
windows, siding, doors, roofing material, shutters, downspouts, and
other building elements that are made of the same material and of
the same design appropriate for the period when the structure was
built, it is not necessarily required by this article and a suitable
alternative material and/or design may be administratively approved
for contributing properties outside the High Street Historic District
and contributing properties within the High Street Historic District
when the item-feature is changing material only and is not visible
from the High Street Corridor or connecting side streets. (Design
changes require Commission approval.)
(3)
At each monthly meeting of the Commission, the Chairperson shall
be responsible for providing the Commission with a written report
on those administrative approvals of a certificate of appropriateness
that were reviewed and acted upon during the preceding month. That
written report shall include: the name and address of the applicant;
the name and address of the property owner, if different than the
applicant; the block and lot number; a description of what was proposed
and what was acted upon; and the date the action was taken.
A.
Approval by either the Construction Code Official or Planning Board
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 municipal ordinance
to be made prior to undertaking the action requested concerning the
historic site or improvement in an historic district.
B.
Denial of approval of an application or of a building permit shall
be deemed to bar the applicant from undertaking the activity which
would affect the historic site or improvement in an historic district
which was the subject of the denied application.
C.
An appeal from the determination of the Construction Code Official
based upon the Commission's recommendation shall be to the Planning
Board pursuant to N.J.S.A. 40:55D-70(a). If the Planning Board determines
that there is an error in any order, requirement, decision or refusal
made by the Construction Code Official pursuant to a report submitted
by the Commission, the Planning Board shall include the reasons for
its determination in its written resolution.
D.
Appeals to Historic Preservation Commission decisions: In the event
an applicant would like to appeal a decision of the Historic Preservation
Commission, the applicant must make the appeal to the Planning Board
within 20 days of the Commission's decision concerning the application.
The Planning Board and Commission in balancing a decision to issue a certificate of appropriateness should be guided by the Master Plan, purpose of this article as listed in § 149-159, Subsection A and applicable Subsections B through E below. Subsection A involves all projects that require a certificate of appropriateness; Subsection B involves new construction or replacement applications; Subsection C involves alterations and/or building addition applications; Subsection D involves demolition applications; Subsection E involves moving an historic site or structure.
A.
In regard to all applications affecting an historic site or an improvement
within an historic district, the following factors should be considered
(as appropriate) and used to guide and balance in the decisionmaking
process:
(1)
The impact of the proposed change on the historic and architectural
significance of the site or the historic district;
(2)
The site's importance to the Township and the extent to which
its historic or architectural interest would be adversely affected
to the detriment of the public interest;
(3)
The extent to which the proposed action would adversely affect
the public's view of an historic site within an historic district
from a public street;
(4)
If the application deals with a structure within an historic
district, the impact the proposed change would have on the district's
architectural or historic significance and the structure's visual
compatibility with the buildings, places and structures to which it
would be visually related in terms of the visual compatibility factors
set forth in this section.
B.
In regard to an application for new construction or replacements
affecting an historic site or an improvement within an historic district,
the following factors should be considered (as appropriate) and used
to guide and balance in the decisionmaking process:
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with the 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 spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with buildings and places to which it
is visually related.
(5)
Rhythm of solids to voids on facades fronting on public places.
The relationship of solids to voids in such facades of a building
shall be visually compatible with buildings and places to which it
is visually related.
(6)
Rhythm of entrances. The relationship of entrances and porches
to the street shall be visually compatible to the buildings and places
to which it is visually related.
(7)
Relationship of materials. The relationship of materials, texture
and color of the facade and roof of a building shall be visually compatible
with the predominant materials used in buildings to which it is visually
related.
(8)
Roof. The roof shape of a building shall be visually compatible
with the buildings to which it is visually related.
(9)
Continuity of walls. Appurtenances of a building such as walls,
open fencing, evergreens, landscaping and so forth 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)
Scale of buildings. The size of a building, mass of a building
in relation to open spaces, the windows and door openings, porches
and balconies shall be visually compatible with the buildings and
places to which it is visually related.
(11)
Directional expression. 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.
(12)
Exterior features. A structure's related exterior features,
such as lighting, fences, signs, sidewalks, driveways, and parking
areas, shall be compatible with the features of those structures to
which it is visually related and shall be appropriate for the historic
period for which the structure is significant.
(13)
This article does not require or prohibit any particular architectural
style; rather, its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end, new construction
upon or near a landmark or within the historic district should not
necessarily duplicate the exact style of the landmark or historic
district; however, it must be compatible with and not detract from
the landmark and/or historic district.
C.
In regard to an application for alterations and/or building additions
affecting an historic site or an improvement within an historic district,
the following factors should be considered (as appropriate) and used
to guide and balance in the decisionmaking process:
(1)
Design and materials. The proposed design and materials will
conform to the building's original architectural style when technically
and economically feasible. Although applicants are encouraged to utilize
materials and designs appropriate for the period when the structure
was built, the Commission can approve alternative materials and/or
design changes.
(2)
Original qualities. The distinguishing original qualities or
character of a building, structure or site and its environment should
not be destroyed. The removal or alteration of any historic material
or distinctive architectural features should be avoided when possible.
(3)
Acquired significance. Changes that 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 shall be recognized
and respected.
(4)
Repair versus replacement. When feasible, deteriorated architectural
features (e.g., windows, doors, shutters, trim, siding, etc.) should
be repaired rather than replaced. In the event replacement is necessary,
owners are encouraged to match the new material with the material
being replaced in composition, design, color, texture and other visual
qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features substantiated
by historic, physical or pictorial evidence rather than conjectural
designs or the availability of different architectural elements from
other buildings or structures.
(5)
Design of alterations. Contemporary design for alterations and
additions to existing properties should not be discouraged when such
alterations and additions do not destroy significant historic, architectural
or cultural material and such design is compatible with the size,
scale, color, material and character of the property, neighborhood
or environment.
(6)
Character of alterations. Wherever possible, new additions and
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.
(7)
Synthetic siding. Synthetic siding is generally not acceptable
on key buildings or contributing building facades within the High
Street Historic District that are visible from the High Street corridor
and connecting streets; however, the Commission may approve alternative
material siding if the applicant demonstrates its appropriate use.
Architectural trim should be retained.
(8)
Window and door materials and openings.
(a)
The number, size and locations of original window and door openings
should in general be retained. Window and door openings should not
be reduced to fit stock material. New window and door openings should
not be added on elevations that are subject to view from a public
street unless the change would not adversely affect the historic district.
(b)
Vinyl, vinyl-clad, aluminum, aluminum-clad windows and doors
are generally not acceptable on key buildings or on contributing property
facades that are within the High Street Historic District that are
visible from the High Street corridor or connecting streets.
D.
In regard to an application to demolish an historic site or any improvement
within an historic district, the following matters should be considered
(as appropriate) and used to guide and balance in the decisionmaking
process:
(1)
Its historic, architectural, cultural or scenic significance.
(2)
If it is within an historic district, the significance of the
structure in relation to the historic character of the district and
the probable impact of its removal on the district.
(3)
Its potential for use for those purposes currently permitted
by the Zoning Ordinance.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
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.
(6)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(7)
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.
(8)
If it is within an historic district, the probable impact of
its removal upon the ambience of the historic district.
E.
In regard to an application to move any historic site, or to move
any structure within an historic district, the following matters should
be considered (as appropriate) and used to guide and balance in the
decisionmaking process:
(1)
The historic loss to the site of original location and the historic
district as a whole.
(2)
The reasons for not retaining the building improvement or structure
at its present location.
(3)
The compatibility, nature and character of the current and of
the proposed surrounding areas as they relate to the protection of
interest and values referred to in this chapter.
(4)
The probability of significant damage to the historic site.
(5)
If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection B of this section.
(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 and other citizens.
Any property seeking a building permit to construct, alter, move or demolish a sign on a designated property shall be required to receive a certificate of appropriateness from the Commission. Signs shall be reviewed using the following criteria, pursuant to § 149-88:
A.
Compatibility. The size, shape and character of the sign shall be
in keeping with the character of the historic district and of the
site on which the sign is located. Signs should create an effective
description of goods, items or services and should relate to its surroundings
in an inoffensive and constructive way.
B.
Visual quality.
(1)
The signs for a particular building or shop should be reduced
to the fewest separate panels or statements as possible.
(2)
Buildings which are designed with a definite panel or framed
zone for the sign mounting should have the sign take a complementary
shape.
(3)
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.
(4)
Obsolete signs from defunct activities should be removed, unless
it is an integral part of the building's original character.
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, in so far as they are applicable.
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 for such a violation,
the Construction Official shall serve upon the owner 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 by certified mail, return receipt requested,
to the owner at his/her 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 Mount
Holly.
B.
Any person who violates the provisions of this article shall be subject
to a fine, not exceeding $1,000, at the discretion of the Judge of
the Municipal Court of the Township of Mount Holly. 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 Mount Holly may apply to the Superior
Court of New Jersey for injunctive relief to prohibit a violation
of this article.
