[Added 12-28-1993 by Ord.
No. 93-71; amended 7-20-2004 by Ord. No. 2004-30; 6-13-2006 by Ord. No. 2006-22; 5-11-2010 by Ord. No. 2010-25; 3-26-2013 by Ord. No.
2013-01]
A.
The historical, cultural, architectural and social heritage of the
Township of Cranford is given in trust from generation to generation
to be used, enriched and then passed on.
B.
The character, lifestyle and very quality of life in the Township
of Cranford depend in great measure on the protection of this heritage.
C.
The presence of historic landmarks and districts as an essential
element of the Township character and identity is an important factor
in the economy of the Township and the property values therein.
D.
Such landmarks and districts are vital to the education and civic-mindedness
of the residents of the Township of Cranford.
E.
The welfare of the Township is dependent on the preservation of its
historic heritage for the reasons set forth above.
F.
This article will achieve these purposes and objectives and will
promote the preservation of the environment, promote visual harmony
through creative development techniques and good civic design and
arrangements, prevent the degradation of the environment through improper
use of land and promote the most appropriate use of land in the Township.
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the meanings
they have in common usage and to give this article its most reasonable
application. As used in this article, the following terms shall have
the meanings indicated:
The Construction Official, who is the person designated by
the Township to handle the administration of building permit applications,
shall be the administrative officer.
A structure created to shelter any form of human activity.
A building, site, structure or object that adds to the historic architectural qualities, historic associations or archaeological values for which an historic district is significant because it was present during the period of significance and possesses historic integrity reflecting its character at that time or is capable of yielding important information about the period, or it independently meets the criteria for significance as set forth in § 6-54B(1) through (8).
An individual building, structure, site, object or district
which has been designated as having historical, architectural, cultural,
aesthetic or other significance pursuant to the provisions of this
article.
A geographic area with distinctly definable boundaries composed
of multiple buildings, sites, structures, or objects which has acquired
a unity of character through the interrelationships of the components
and has been designated as having historical, archaeological, cultural,
scenic, architectural or other significance pursuant to the provisions
of this article.
See "site."
The authenticity of a landmark's or district's historic identity,
evidenced by the survival of physical characteristics that existed
during the period of significance.
A building, structure, site or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage or cultural characteristics of the Township,
state or nation and which has been designated as a landmark pursuant
to the provisions of this article.
See "designated landmark or district."
The Master Plan of the Township of Cranford, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
A building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a district is significant because it was not present
during the period of significance; alterations, disturbances, additions
or other changes cause it no longer to possess historic integrity;
or it is incapable of yielding important information about the period,
nor does it independently meet the National Register criteria.
Construction that is primarily artistic in nature or is relatively
small in scale and simply constructed, as distinguished from a building
or structure; although it may be movable by nature or design, an object
is associated with a specific setting or environment, such as statuary
in a designed landscape; objects should be located in a setting appropriate
to their significant historic use, role or character.
The official newspapers as designated by the Township governing
body.
The location of a significant event, a prehistoric or historic
occupation or activity, or a ruin, where the location itself maintains
historic or archaeological value regardless of the value of any existing
buildings, structures or objects.
As distinguished from buildings, those functional constructions
made usually for purposes other than creating shelter.
There is hereby created in and for the Township of Cranford
a Board to be known as the "Historic Preservation Advisory Board of
the Township of Cranford."
The Historic Preservation Advisory Board shall be comprised
of nine members, including a liaison from the Township Committee,
with two alternates, and associate members as warranted.
A.
Of the nine regular Board members:
(1)
At least one less than a majority shall be designated as "Class A"
and "Class B," said classes defined as:
(2)
Four shall be Class C members, said class being defined as citizens
of the municipality who shall hold no other municipal office, position
or employment except for membership on the Planning Board or Board
of Adjustment. One Class C member shall be a Cranford High School
student recommended by the high school history faculty.
(3)
To the extent available from within the Township of Cranford, the
Mayor shall appoint, with regard to Class A, trained individuals from
the discipline of architecture or architectural history who meet the
requirements as set forth in the 1980 amendments to the National Historic
Preservation Act.
(4)
A Township Committee member shall be appointed who shall serve as
liaison with the Board.
B.
Of the two alternate Board members, both shall be Class C members,
as Class C is defined above. The two alternate Board members shall
be respectively designated "Alternate No. 1" and "Alternate No. 2."
C.
Alternate members may participate in discussion of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
D.
Interested members of the community may participate on the Board
as associate members. Associate members may participate in discussion
of the proceedings but may not vote.
E.
The Township Committee liaison shall vote on all questions.
Regular members shall be appointed by the Mayor and shall serve
three-year terms, except that Municipal Planning Board or Zoning Board
of Adjustment members shall serve during their incumbency in office.
The terms of the members first appointed under this article shall
be so determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of the regular members,
evenly over the first three years after their appointment, provided
that the initial term of no regular member shall exceed three years
and that the initial term of no alternate members shall exceed two
years. Associate members shall be appointed by the Mayor and shall
serve for one-year terms. If any member of the Board misses three
consecutive meetings without a legitimate reason, he or she shall
be removed from the Board and so notified by the Mayor. Vacancies
shall be filled, within 60 days, in the same manner in which the previous
incumbent was appointed and for such incumbent's unexpired term.
The Mayor shall appoint a Chairperson and Vice Chairperson.
The Historic Preservation Advisory Board shall create rules
and procedures for the transaction of its business, subject to the
following:
A.
A quorum for the transaction of business shall consist of five of
the Historic Preservation Advisory Board members, including the Chairperson
or, in his absence, the Vice Chairperson.
B.
The Historic Preservation Advisory Board shall appoint a Secretary,
who need not be a member of the Board. The Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations and decisions. All
such material shall be public record.
C.
The Historic Preservation Advisory Board shall prepare and adopt
rules of procedure which will be made available to the public and
which include a specific section prohibiting conflicts of interest.
The members of the Historic Preservation Advisory Board shall
serve without compensation.
The governing body may make provision in its budget and appropriate
funds for the expenses of the Historic Preservation Advisory Board.
The Historic Preservation Advisory Board may employ, contract for
and fix the compensation of experts and other staff and services as
it shall deem necessary, subject to the availability of appropriated
funds. The Board shall obtain its legal counsel from the Municipal
Attorney at the rate of compensation determined by the governing body.
Expenditures pursuant to this section shall not exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for the Board's use.
The Historic Preservation Advisory Board shall have the following
powers and duties:
A.
To identify, record and maintain a system for survey and inventory
of all building sites, places and landmarks and structures of historical
or architectural significance based on the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation
(Standards and Guidelines for Identification) and to aid the public
in understanding their worth, methods of preservation, techniques
of gathering documentation and related matters.
B.
To prepare and adopt, pursuant to § 6-54 of this article, a public landmark and historic district designation list and official map which shall then be referred to the Planning Board for consideration of inclusion in the Master Plan and to the governing body of the Township of Cranford for consideration of inclusion in the Zoning Ordinance.[1]
C.
To propose to the Township Committee an historic river district including
several public facilities along the Rahway River.
D.
To amend, from time to time, as circumstances warrant, the landmark historic district designation list and landmark historic district map in the manner set forth in § 6-54.
E.
To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites and historic districts of any other Master Plan
elements.
F.
To advise the Planning Board on the inclusion of historic sites in
the recommended capital building, site, structure, or object program.
G.
To advise the Planning Board and Board of Adjustment on applications for development pursuant to § 6-53 of this article.
H.
To provide written reports on the application of the Zoning Ordinance
provisions concerning historic preservation.
I.
To report at least annually to the Planning Board and the governing
body of the Township of Cranford on the status of historic preservation
in the Township and to recommend measures to improve the same.
J.
To collect and disseminate material on the importance of historic
preservation and specific techniques for achieving the same.
K.
To advise all municipal agencies regarding goals and techniques of
historic preservation and advise the Township Committee and Planning
Board of the relative merits of proposals involving public funds to
restore, preserve and protect historic buildings, places and structures,
including the preparation of long-range plans therefor, securing state,
federal and other grants and aid to assist therein and monitoring
such projects once underway.
L.
To adopt and promulgate such regulations and procedures not inconsistent
with this article as are necessary and proper for the effective performance
of the duties herein assigned.
M.
To review all proposed National Register nominations for properties
that come within the jurisdiction of the Board, as established by
the criteria of the 1980 amendments of the National Historic Preservation
Act of 1966.
The Historic Preservation Advisory Board shall meet on a regular
basis, but at a minimum of four times a year. All meetings shall comply
with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
No member of the Historic Preservation Advisory Board of Cranford
Township shall be permitted to act on any matter coming before the
Board in which he or she has, either directly or indirectly, any personal
or financial conflict of interest.
A.
In the event that there arises a need for an emergency meeting of
the Historic Preservation Advisory Board, the Chairperson shall convene
a meeting of the Board having given due and appropriate notice in
accordance with the Open Public Meetings Act. The Chairperson shall
instruct the Secretary to contact the members to inform them of the
time, date, location and purpose of the emergency meeting.
B.
Emergency meetings shall be convened for such instances as pending
demolition permits for designated historic sites or contributing building,
site, structure, or object within an historic district in the Township
or such other circumstances that warrant the immediate action of the
Historic Preservation Advisory Board.
C.
In the case of any emergency meeting, all of the requirements for
the transaction of business during a regularly scheduled meeting shall
apply.
(Reserved)
A.
Survey. The Historic Preservation Advisory Board (HPAB) shall maintain
a comprehensive survey of the Township of Cranford to identify historic
landmarks and historic districts that are worthy of protection and
preservation.
B.
Criteria for designation. The criteria for evaluating and designating
historic landmarks and historic districts shall be guided by the National
Register criteria. The Historic Preservation Advisory Board or any
person may recommend designation of historic landmarks or historic
districts that are in accordance with the National Register criteria
or that possess one or more of the following attributes:
(1)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the Township, state or nation;
(2)
Association with events that have made a significant contribution
to the broad patterns of our history;
(3)
Association with the lives of persons significant in our past;
(4)
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering;
(5)
Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the Township, state or nation;
(6)
Embodiment of elements of design, detail, material or craftsmanship
that render a building, site, structure, or object architecturally
significant or structurally innovative;
(7)
Unique location or singular physical characteristics that make a
district or landmark an established or familiar visual feature; or
(8)
Ability or potential ability to yield information important in prehistory
or history.
C.
Procedures for designation.
(1)
Persons wishing to make a nomination shall contact the HPAB regarding
consideration of a proposed historic landmark or historic district.
The HPAB may also initiate the consideration of an historic landmark
or historic district.
(2)
A nomination to propose an historic landmark shall include the following
information which addresses the criteria for designation as set forth
herein:
(3)
A nomination to propose an historic district shall include the following
information which addresses the criteria for designation as set forth
herein:
(4)
Following receipt of a nomination to propose an historic landmark
or historic district, the HPAB shall evaluate the proposal and, if
fitting the criteria, schedule a public meeting on the proposed designation
which may coincide with the regularly scheduled meetings of the HPAB.
(5)
At least 20 days prior to the public meeting, the HPAB shall, by
personal service or regular mail, perform the following:
(a)
Notify the owner(s) of record of a property that has been proposed
for historic landmark designation, or the owner(s) of record of all
properties located within a district that has been proposed for historic
district designation, that the property or district, as applicable,
is being considered for such designation and the reasons therefor;
(b)
Advise the owner(s) of record of the significance and consequences
of such designation and of the rights of the owner(s) of record to
contest such designation under the provisions of this article;
(c)
Notify the owner(s) of record of the date, time and location
of the meeting concerning the proposed designation of the property
or district; and
(d)
Serve any further notices as may be required under the provisions
of the Municipal Land Use Law.
(6)
At least 20 days prior to the public meeting, the HPAB shall also
cause public notice of the meeting to be published in the official
newspaper of the Township.
(7)
At least 20 days prior to the public meeting, a copy of the nomination
report shall be made available for public inspection in the municipal
offices of the Township.
(8)
At the public meeting scheduled in accordance with this article,
the HPAB shall review the nomination report and accompanying documents.
Comments from interested persons, both in person and in writing, citing
specific reasons in favor of or against the proposal, shall be heard
and discussed. The HPAB may schedule subsequent public meetings on
the nomination to ensure maximum community input and address objections.
(9)
If the proposed nomination is approved by the HPAB, then the HPAB
shall forward a report concerning the proposed historic landmark or
historic district to the Township Committee, which shall contain a
statement of the HPAB's recommendations and the reasons therefor.
Township Committee action on designating an historic landmark or an
historic district shall then be otherwise subject to those procedures
and statutes which apply to a change of a zoning designation and the
adoption, revision or amendment of any development regulation.
(10)
All buildings, structures, sites or objects within a designated historic
district will be considered part of the district.
(11)
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
(12)
Upon adoption of an ordinance by the Township Committee designating
an historic landmark or an historic district, the designation shall
supplement, rather than supersede, the existing zoning district in
which the affected historic landmark or historic district is located.
At that time, the designation list and map shall be incorporated into
the Master Plan and Zoning Ordinance of the Township as required by
the Municipal Land Use Law. Designated properties and districts shall
also be noted as such on the records for those properties as maintained
by the planning and zoning offices, as well as the offices of the
Construction Official, the Township Tax Assessor and the Township
Clerk.