[Added 8-21-1989 by Ord. No. 4-1989]
A.
Purpose.
(1)
The purpose of this section is:
(a)
To safeguard the heritage of the Borough of
Pemberton by preserving that part of the Borough which reflects elements
of its cultural, social, economic and architectural history.
(b)
To maintain and develop an appropriate and harmonious
setting for the architecturally significant buildings, structures
and places within that part of Pemberton.
(c)
To stabilize and improve property values.
(d)
To foster civic beauty.
(e)
To promote the use of the Historic District
for the education, pleasure and welfare of the citizens of the Borough
and its visitors.
(2)
For these purposes, there is hereby established a
district to be known as the "Pemberton Historic District."
B.
Bounds. The bounds of the Pemberton Historic District
are defined, for the purpose of this article, as notated on the "Zoning
Map, Pemberton Borough, Burlington County New Jersey," on file in
the office of the Pemberton Borough Clerk, and are based upon the
amendments to the 1989 Pemberton Historic District, as set forth on
the map entitled "Ordinance No. 2007-7, Pemberton Historic District
Amendment," dated June 2007, and designated "Figure 1."[1] The Historic District shall include the area of all lots
and streets, alleys, and driveways that are situated within the boundaries
of the Historic District designation that is notated on the Zoning
Map.
[Amended 6-18-2007 by Ord. No. 2007-7]
[1]
Editor's Note: Figure 1, Ord. No. 2007-7,
Pemberton Historic District Amendment Map, is on file in the Borough
offices.
C.
Appointing authority. The Mayor is designated by this
article to appoint members of the Advisory Committee according to
the guidelines in the Municipal Land Use Law.[2] The combined Pemberton Borough Planning/Zoning Board shall,
in conjunction with the Advisory Committee, review and make recommendations
on all building permit approvals referred by the Building Inspector.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Duties and powers. The Building Inspector shall be
bound by the guidelines set forth in File No. H-D 1 in the historic
documents, and as follows:
[Amended 8-19-2013 by Ord. No. 2013-7]
(1)
It shall be the duty of the Building Inspector to
review all plans for construction, alteration, repair, painting and
repainting, moving or demolition of structures in the Historic District
and to submit to the Planning/Zoning Board within 30 days those applications
which involve changes in existing exterior architectural features
or new construction involving architectural features. The Planning/Zoning
Board, in conjunction with the Advisory Committee, shall then, pursuant
to N.J.S.A. 40:55-1.13,[3] make its recommendation to the Building Inspector as to
approval or disapproval of the plans under this article within 45
days. If the Planning/Zoning Board disapproves the plans under this
subsection, the Building Inspector shall deny the application, and
the applicant may proceed before the proper authority.
[3]
Editor's Note: N.J.S.A. 40:55-1.13 was repealed
by L. 1975, c. 291, § 80. See now N.J.S.A. 40:55D-25 et
seq.
(2)
No building or structure shall hereafter be erected,
reconstructed, altered, restored, nor shall any building or structure
be painted, repainted or demolished within the Pemberton Historic
District unless and until an application for a building permit shall
have been approved as to exterior architectural features which are
subject to public view from a public street, way or place. Evidence
of such required approval shall be a certificate of approval issued
by the Planning/Zoning Board.
(3)
Approval of exterior building color shall be required except where
it is demonstrated to the satisfaction of the Building Inspector that
the exterior paint color combinations to be used on the exterior of
a building conform to the suggested color combinations identified
in the paint booklet entitled "Appendix A, Pemberton Borough Historic
District Approved Exterior Paint Collections and Color Palette," dated
June 2013. This booklet is on file in the Pemberton Borough Municipal
Building and identifies (a) suggested exterior color combinations
that do not require Planning/Zoning Board approval; and (b) a suggested
palette of approved colors that require Planning/Zoning Board approval.
A building may be painted white without prior approval by the Planning/Zoning
Board.
(4)
"Appendix A, Pemberton Borough Historic District Approved Exterior Paint Collections and Color Palette, dated June 2103" (Appendix A) is hereby adopted as the official guidance document identifying approved exterior paint colors for buildings and structures in the Pemberton Borough Historic District as referenced in § 210-20D(3) herein.
E.
Historic District provisions.
(1)
The following standards and regulations shall apply
in the Historic District and shall be in addition to the use districts
or districts which shall also be designated by the Official Zoning
Map and articles of the Zoning Chapter for such areas. In reviewing
the plans, the Planning/Zoning Board shall give considerations to:
(a)
The historical or architectural value and significance
of the structure and its relationship to the historic value of the
surrounding area.
(b)
The general compatibility of exterior design,
arrangements, color and materials proposed to be used.
[Amended 8-19-2013 by Ord. No. 2013-7]
(c)
Any other factor, including aesthetic, which
it deems pertinent.
(d)
A description of the details of design for the
period of architecture involved in the particular structure and surrounding
neighborhood.
(2)
The Planning/Zoning Board shall make judgment only
on exterior features of a structure and shall not consider interior
arrangement, nor shall it disapprove applications except in regard
to considerations as set forth in the within subsections.
(3)
It is the intent of this subsection that the Planning/Zoning
Board be strict in its judgment of plans for alterations, repairs,
painting, repainting or demolition of existing structures deemed valuable
according to studies, approved by the Planning/Zoning Board of the
Borough of Pemberton, by qualified persons using as the criteria of
evaluation those developed by the National Trust for Historic Preservation.
A list of such structures designated by street address will be supplied
by the Pemberton Borough Historical Society's Preservation Committee
to guide the Planning/Zoning Board in its judgments.
[Amended 8-19-2013 by Ord. No. 2013-7]
(4)
It is the intent of this subsection that the Planning/Zoning
Board shall encourage any alterations or repairs to structures on
this list to be made in the spirit of their architectural style and
that any additions will be made in such a manner as not to detract
from a building's original appearance.
(5)
The buildings included on the list are those structures
within the Historic District that are deemed to be valuable for the
period of architecture they represent and important to the neighborhood
within which they exist. It is intended that demolition of these structures
should be discouraged, as their loss will be a common loss to the
Borough of Pemberton and the neighborhood. Moving of a structure on
the list should be encouraged as an alternative to demolition, if
there is no other way to save the structure.
(6)
When it is necessary to move an historic building
to another site within the Borough to preserve it, upon approval of
the relocation plans by the Planning/Zoning Board, said building may
be relocated, provided that it fulfills the area regulations of said
zone as to the lot size, setback and yard areas.
(7)
It is also the intent of this subsection that the
Planning/Zoning Board shall be lenient in its judgment of plans for
new construction or for alterations, repair, painting, repainting
or demolition of structures of little historic value which are within
the Pemberton Historic District, except where such construction, alterations,
repair, painting, repainting or demolition would seriously impair
the historic value and character of surrounding structures or the
surrounding area.
[Amended 8-19-2013 by Ord. No. 2013-7]
(8)
Demolition or removal may be forbidden or postponed
for a period of six months (after public hearing granted to applicant,
if desired), and the Planning/Zoning Board shall then consult civic
groups and public agencies to ascertain how the Borough may preserve
the building and/or premises. The Planning/Zoning Board is empowered
to work out with the owner feasible plans for preservation of structures
where moving or demolition thereof would be a great loss to the public
and to the Borough.
(9)
The Planning/Zoning Board, in passing on appropriateness
of exterior color and architectural features, in any case shall keep
in mind the purposes set forth in this section and shall consider,
among other things, the general design, arrangements and material
of the building or structure in question and the relationship of such
factors to similar features of historic structures in the immediate
surroundings and the position of such structures in relationship to
the street or public way.
[Amended 8-19-2013 by Ord. No. 2013-7]
(10)
The Planning/Zoning Board shall not consider
features not subject to public view.
(11)
The Planning/Zoning Board shall not make any
recommendations or requirements except for the purpose of disapproving
developments incongruous to the historic aspects of the surroundings
and the Pemberton Historic District.
F.
The Planning/Zoning Board shall have the power to
engage experts to aid in its deliberations. The Planning/Zoning Board
shall have the power to issue a certificate of approval, if it approves
of the plans submitted to it for its review. A building permit shall
not be issued until such certificate of approval has been issued by
the Planning/Zoning Board.
G.
Upon approval of the plans, the Planning/Zoning Board
shall cause a certificate of approval, dated and signed by the Chairman,
to be issued to the applicant or affixed to the plans.
H.
If the Planning/Zoning Board shall fail to take action
in any case within 45 days after receipt of any application for a
certificate of approval or a permit for removal, the case shall be
deemed to be approved except where mutual agreement has been reached
for an extension of the time limit.
I.
In the case of disapproval, the Planning/Zoning Board
shall state its reasons therefor in writing, and it may make recommendations
to the applicant with respect to appropriateness of design, arrangements,
material and the like of the structure involved.
J.
Upon securing the necessary permit, nothing in this
article shall prohibit repairing or rebuilding any structure in the
district so as to maintain or return the structure to its original
condition prior to the deterioration or destruction.
K.
The Planning/Zoning Board shall have the right to
approve the substitution of materials and techniques to preserve the
appearance of historical structures.
N.
The Mayor shall appoint a three- to five-member Advisory
Committee composed of residents with experience and/or educational
qualifications pertinent to preservations of historic structures.
This Committee shall be available for consultation with the Planning/Zoning
Board to aid in deliberation on applications under this section. Members
of this Advisory Committee shall be representatives of the community,
including the Pemberton Historic District.
