[Amended 12-11-2002 by Ord. No. 0-02; 12-9-2009 by Ord. No. 11-2009; 10-11-2023 by Ord. No. O-2023-05A]
A.
The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-107
et seq. delegated the responsibility to local governments to adopt
regulations designed to promote the protection of certain significant
architectural and historical structures, sites, or districts for the
general welfare of its citizenry.
B.
The Borough of Riverton recognizes that it has structures of historic
and architectural significance. It is in the interest of the general
welfare to preserve these structures and to ensure that new development
is compatible and relevant with these structures. This article is
intended to achieve these purposes and objectives and to promote the
preservation of the environment, promote a desirable visual environment
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 Borough.
C.
The objectives of this article are:
(1)
To safeguard the heritage of the Borough by preserving those parts
of the Borough which reflect elements of its cultural, social, economic
and architectural history;
(2)
To preserve the integrity of design of the buildings and streetscapes
within the historic district, and the preservation of historic sites;
(3)
To maintain and improve property values;
(4)
To preserve and promote the historic district as an essential element
of municipal character and identity and as an important factor in
the economy of the Borough;
(5)
To foster civic beauty; and
(6)
To promote the use of the historic district and historic sites for
the education, pleasure, and welfare of the citizens of the Borough
and its visitors.
A map of the Borough indicating the historic sites and the boundary
of the historic district is incorporated herein by reference and is
available to the public from the Borough Clerk.
A.
Historic sites. A list enumerating all historic sites is incorporated
herein by reference and is available to the public from the Borough
Clerk. Historic sites as designated by this article shall include
the following:
(1)
All those properties identified as "Contributing" to the Riverton
Historic District on the form entitled "United States Department of
the Interior - National Park Service - National Register of Historic
Places - Registration Form" ("National Register Registration Form")
as certified on November 23, 1998, by James Hall, Assistant Commissioner
for Natural and Historic Resources/DSHPO, and entered into the National
Register of Historic Places by Edson H. Beall on March 5, 1999, including
all attachments to that form. A copy of that form is available to
the public from the Borough Clerk.
(2)
The following properties not within the Riverton Historic District
but identified individually by the New Jersey State Historic Preservation
Office as eligible for inclusion on the New Jersey Register of Historic
Places and appearing in the NJ LUCY GIS database: 11 Bank Avenue ("Anchorage
House") SHPO ID #4191 Opinion Date 3-12-1982 and 408 Thomas Avenue
("Lela Slater Bowen House") SHPO Opinion Date 2-7-2003.
B.
Historic District. The historic district as designated by this article
shall include the area within the boundary of the district described
on the National Register Registration Form, which defines those boundaries
as:
"The Riverton Historic District is bounded by the Delaware River
on the north. It extends to the western boundary of the property at
109 Bank Avenue and along that property line and the rear property
lines of the houses on the west side of Thomas Avenue to Carriage
House Lane. At Carriage House Lane, it turns east, extending along
the center of the street to Maple Lane in the center of block 303.
From there, it extends along the center of Maple Lane to the rear
of the properties fronting on the north side of Second Street where
it turns west to Thomas Avenue, incorporating the properties fronting
on the south side of Second Street and from there back to the center
of Maple Lane. The district line then follows the center of Maple
Lane to its juncture with the western boundary of the property at
315 Thomas Avenue. It then proceeds east along the center of Thomas
to the property at 410 Thomas Avenue, where it turns south to run
along the rear of the properties facing on the south side of Thomas.
At its juncture with the rear line of the property at 104 Broad Street
it again turns south to incorporate that property, then it proceeds
east to cross Broad Street. Immediately across Broad, the line turns
north to meet the rear property lines of the houses facing on the
south side of Thomas Avenue. From there, the line proceeds eastward
to Seventh Street, where it turns south one block to the center of
Linden Avenue and from there, east to the rear line of the properties
facing on the 100 block of Midway. Following the rear line of those
properties south, the district line crosses Elm Terrace to incorporate
the property at 2 Midway. It then proceeds along the center of Elm
Terrace to the rear of the properties at 2 and 4 Park Avenue, where
it meets the Riverton Borough line. This, it follows across Park Avenue
and through a portion of the Riverton Country Club property to Thomas
Avenue. From there, it follows the rear property lines of the houses
facing on the eastside of Shrewsbury Lane (incorporating Shrewsbury
Yard), then follows the center of Main Street to Eighth Street. At
Eighth Street, the lines turns north, following the street to the
rear property lines of the houses facing on the north side of Cinnaminson
Street. Turning west, it proceeds to the western boundary of 601 Cinnaminson
Street, where it turns northeast to incorporate the building on the
Conrail Railroad line at Cedar Street. From there, it again turns
west down the center of Fulton Street where it continues on to the
eastern boundary of the property at 201 Fulton. From there, it runs
along that property line to its meeting with the line of the property
at 701 Bank Avenue, and along the eastern boundary of that property
to the Delaware River and the point of origin."
The terms set forth hereinafter shall have the following meaning:
The Zoning Officer of the Borough unless a different municipal
official or officials are designated by ordinance to handle the administration
of this article and attend the Planning Board meetings as deemed necessary.
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 or
Section 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
A document that states that the regulated activity or demolition that is required to be approved by this HPC pursuant to § 128-45 has been approved by the HPC.
The razing or destruction, whether entirely or in part, of
a building, structure, site or improvement. Demolition includes the
removal of a building, structure or improvement from its site. A project
that proposes to remove a facade or surface of a building or structure
for the sole purpose of immediately replacing such facade or surface
with a new facade or surface shall not be considered a demolition.
Those immediate remedial actions necessary to preserve the
continued habitability of a site or improvement and/or the health
and safety of its occupants or others where time will not permit the
owner to obtain a certificate of appropriateness prior to the undertaking.
The assessed value of the property, or the improved portion
thereof, in the year that the certificate of appropriateness is sought
by an applicant divided by the equalization ratio determined by the
Director of the New Jersey Division of Taxation and published annually
on or before October 1 pursuant to N.J.S.A. 54:1-35.1.
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.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archeological, cultural, scenic or architectural significance.
The Historic Preservation Commission of the Borough of Riverton.
A.
The Historic Preservation Commission ("HPC") of the Borough is hereby
established pursuant to N.J.S.A. 40:55D-107 et seq. The HPC shall
consist of five regular members and two alternate members appointed
by the Mayor. At least two of the regular members shall be of Classes
A and B. The regular members who are not designated as Class A or
B shall be designated as Class C. The two alternates must meet the
qualifications of Class C and shall be designated "Alternate No. 1"
and "Alternate No. 2." The classes are defined as:
(1)
Class A: a person who is knowledgeable in building design and construction
or architectural history and who may reside outside the Borough.
(2)
Class B: a person who is knowledgeable of or who has a demonstrated
interest in local history and who may reside outside the Borough.
(3)
Class C: any citizen of the Borough who shall hold no other municipal
office, municipal position, or municipal employment except for membership
on the Planning Board.
B.
C.
D.
Notwithstanding any other provision, the term of any member who is
also a member of the Planning Board shall be coterminous with his
membership on the Planning Board.
E.
Rules and organization of the HPC.
(1)
The HPC shall elect from its membership a Chairperson and a Vice
Chairperson. The HPC shall appoint a Secretary who shall be an employee
of the Borough and shall not be an HPC member.
(2)
The HPC shall establish a regular schedule of meetings at least once
a month or as often as required to meet the needs of its business,
to handle emergencies or to meet time constraints imposed by law.
(3)
A quorum for the transaction of business shall be three members.
(4)
The HPC's Secretary shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions, and applications for certificates
of appropriateness. A verbatim record of HPC meetings and proceedings
shall be kept and made available in accordance with the provisions
of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
All HPC records and minutes shall be made public records, and all
HPC meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7 et seq.).
(6)
The HPC shall adopt written bylaws and procedures for the transaction
of its business and for the consideration of applications for certificates
of appropriateness.
(7)
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.
(8)
A member may be removed by the governing body for cause but only
after a public hearing if he or she requests one.
(9)
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. If a choice must be made
as to which alternate member is to vote, Alternate No. 1 shall vote.
F.
Expenses and costs; employment of experts and staff. The governing
body shall make provision in its budget and shall appropriate funds
for the expenses of the HPC. The HPC may employ, contract for, and
fix the compensation of experts and other staff and services as it
shall deem necessary. The HPC shall appoint and receive its legal
counsel from an attorney licensed to practice law in this state. Expenditures
pursuant to this section shall not exceed, exclusive of gifts and/or
grants, the amount appropriated by the governing body.
G.
Powers and duties. It shall be the responsibility of the HPC to:
(1)
Prepare a survey of historic sites of the Borough pursuant to criteria
identified in the survey report.
(2)
Make recommendations to the Planning Board and the governing body
on the preparation and periodic updating of the historic preservation
plan element of the Borough's Master Plan, including but not
limited to the addition or deletion of historic sites and historic
districts identified in the Borough's Master Plan.
(3)
Make recommendations to the Planning Board and governing body on
the historic preservation implications of any plan element of the
Borough's Master Plan which has been or may be adopted.
(4)
Recommend to the governing body sites and districts to be designated through amendment of this article. The criteria and procedures for designation are set forth in § 128-44.
(5)
Review all applications for a certificate of appropriateness in accordance with the procedures established in § 128-45.
(6)
Advise the Planning Board on applications for development affecting historic districts and historic sites, in accordance with the procedures established in § 128-49.4.
(7)
Review all applications for permits for historic sites or within a historic district which do not require a certificate of appropriateness, and which are not referred by the Planning Board as an application for development. Such reviews shall be in accordance with the procedures established in § 128-49.5.
(8)
Provide other advisory, educational, and informational services to
promote historic preservation in the Borough.
(9)
Carry out other advisory, educational and informational functions
as will promote historic preservation in the Borough.
A.
Criteria for designation. The HPC shall consider for nomination districts
and sites that have integrity of location, design, setting, materials,
workmanship, and association and that meet one or more of the following
criteria:
(1)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the Borough, state or nation.
(2)
Identification with a person or persons who significantly enriched
the Borough, state, or nation.
(3)
Site of historic event which had a significant effect on the development
of the Borough, state, or nation.
(4)
Embodiment of distinguishing 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 Borough, state, or nation.
(6)
Embodiment of elements of design, detail, material, or craftsmanship
that render a site architecturally significant or structurally innovative.
(7)
Unique location or singular physical characteristics that make a
district or site an established or familiar visual feature.
(8)
Likely to yield information important in prehistory or history.
B.
Procedures for designation. Based on the HPC's review of a potential
district or site or upon the recommendations of other Borough bodies
or of interested parties, the HPC shall consider nomination of a district
or a site according to the procedures outlined below:
(1)
The HPC or interested party shall prepare a nomination report for
each proposed district or site.
(a)
For historic district designations, the report shall include
a building-by-building inventory of all properties within the district;
black and white photographs of representative properties within the
district; a property map of the district showing boundaries; and a
physical description and statement of significance for the district.
(b)
For historic site designations, the report shall include one
or more black- and-white photographs; the tax lot and block number
of the property as designated on the Official Borough Tax Map; and
a physical description and statement of significance for the site.
(2)
The HPC shall refer its nomination report to the Planning Board for
review and consideration as an amendment to the Master Plan of the
Borough.
(3)
The Planning Board may schedule a public hearing on the proposed
designation of a district, or site, in accordance with the procedures
set forth for adoption or amendment of the Master Plan as set forth
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. At least
10 days prior to the hearing, the HPC shall, by personal service or
certified mail:
(a)
Notify each owner of a proposed historic site or of property
within a proposed historic district that his or her property is being
considered for historic designation and the reasons therefor.
(b)
Advise each owner of the significance and consequences of such
designation and of his or her rights to contest such designation.
(c)
Notify each owner of the date, time and place of the hearing.
(4)
Public notice of the hearing shall be given at least 10 days prior
to the hearing by publication in the official newspaper of the Borough.
A copy of the nomination report shall also be made available for public
inspection at least 10 days prior to the hearing.
(5)
Upon Planning Board review and adoption of the historic district
or historic site designation in the Master Plan, the HPC or the Planning
Board shall forward the adopted Master Plan to the governing body.
The governing body may disapprove or change or take no action on the
adoption of an ordinance to implement the historic district or historic
site aspects of the Master Plan. Governing body action on historic
district or historic site designations shall be otherwise subject
to those procedures and statutes which apply to designation and regulation
of historic districts and historic sites, including but not limited
to N.J.S.A. 40:55D-65.1 and those that apply to a change of a zoning
designation and the adoption, revision or amendment of any development
regulation.
(6)
Notice of designation shall be made public by publication in the
official newspaper of the Borough and distributed to all municipal
agencies reviewing development applications and permits. A certificate
or letter of designation shall be sent to each owner affected by the
designation.
(7)
A protest of designation status signed by 20% or more of the property
owners within a designated historic district or by the owner of the
property on which there is a designated historic site may be filed
with the Borough Clerk. Such designation shall not become effective
following the filing of such a protest except by the favorable vote
of 2/3 of all members of the governing body.
A.
A certificate of appropriateness issued by the HPC shall be required
before a permit is issued for any of the following activities or,
if no permit is required, before any work can commence on any of these
activities:
B.
No certificate of appropriateness shall be required for any activity which is the subject of an application for development before the Planning Board. Referral of matters/applications for development from the Planning Board shall be handled as per § 128-49.4.
C.
Emergency repair. When a structure or improvement affecting a historic site or within a historic district requires emergency repair, emergency repair may be performed in accordance with Borough codes without the necessity of first obtaining a certificate of appropriateness. Under such circumstances, the emergency repair performed shall be only such as is necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. A request for the HPC's review shall be made simultaneously with the onset of emergency repair, and no further work shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. Except for temporary stabilization or other work to make the site safe for the public, all work performed under this section shall conform to the criteria set forth in § 128-49.
D.
Informal review of concept plan for proposed undertakings. At the
request of applicants considering an activity that may require a certificate
of appropriateness, as set forth above, the HPC shall grant an informal
review of a concept plan for the proposed activity for which the applicant
intends to prepare and submit an application for a certificate of
appropriateness. Neither the applicant nor the HPC shall be bound
by any informal review.
A.
No building permit shall be issued within the historic district or
for any historic site without review by the administrative officer.
(1)
If the administrative officer determines that a certificate of appropriateness is required for the requested work, they shall inform the applicant that an HPC hearing for a certificate of appropriateness shall be required pursuant to § 128-46. The administrative officer shall immediately confer with the Chairperson of the HPC (or their designee) to determine additional submissions likely to be required from the applicant for the administrative officer to deem an application for a certificate of appropriateness to be complete. The administrative officer shall immediately inform the applicant of the nature of any such additional submissions.
(2)
If the proposed work does not require a certificate of appropriateness but shall include new construction or changes in exterior or architectural features which are subject to public view from a street, way, place or the Delaware River, the administrative officer shall inform the applicant that a nonbinding advisory review conducted by the HPC pursuant to § 128-49.5, shall be required before a building permit can be issued.
B.
This article shall not act to delay permits for repairs that affect
the security or safety of the property.
A.
Application and escrow procedure. Application for a certificate of
appropriateness shall be made on forms available from the administrative
officer at the Borough. Completed applications shall be delivered
to the administrative officer at Borough Hall. No application shall
be deemed complete until the applicant has established an escrow account
with the Borough in order to address fees and expenses associated
with the adjudication of the application. Each applicant for a certificate
of appropriateness shall be required to pay an application fee of
$100. The initial amount of the escrow for each individual application
for a certificate of appropriateness shall be $2,500. The applicant
may be required to replenish the same in accordance with the MLUL.[1] Each applicant shall provide the administrative officer
with an affidavit of service detailing the required notice, undertaken
by the applicant in accordance with the provisions of N.J.S.A. 40:55D-12b.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Application information and supporting documents. Application for
a certificate of appropriateness shall include all forms, completed
by the applicant, and the following exhibits:
(1)
When the application is for the demolition of a historic site, the
applicant shall provide the HPC with the following:
(a)
Copies of all outstanding code violations which have been placed
against the historic site by any government official ("code violations").
(b)
Photographs and architectural or other drawings necessary to
adequately inform the HPC of the nature and extent of code violations.
(c)
A signed and sealed engineering report by a licensed professional
engineer who is qualified in New Jersey as an expert witness in the
field of historic preservation ("engineer"). This report shall at
a minimum:
[1]
Identify all specific structural components whose condition
contributes to the code violations. For each such component, detail
the most economical repair or replacement method which would be required
to correct all code violations, with an estimated cost to perform
each one.
[2]
Identify any other specific structural components which, in
the engineer's opinion, contribute to a dangerous or unsafe condition.
For each such component, detail the most economical repair or replacement
method which would be required to preserve the historic site by correcting
all dangerous or unsafe conditions, with an estimated cost to perform
each one.
[3]
Identify any activities, utilities, appliances, or other expenses
necessary to make the historic site habitable under the New Jersey
State Housing Code (N.J.A.C. 5:28) in the opinion of the Construction
Official or administrative officer, as appropriate. The entire historic
site need not be made habitable. For each, this report shall detail
the most economical repair or replacement method and include an estimated
cost to perform each one.
(d)
A certification establishing the equalized assessed value of
the structure or improvements sought to be demolished.
(e)
Any other drawings, specifications, documents, or materials
which may assist the HPC in deciding whether a certificate of appropriateness
should be issued.
(2)
When the application is for the removal of a structure from a historic
site to another location or for the demolition of an improvement which
is located within a historic district but is not itself a designated
historic site, the Chairperson of the HPC (or their designee) may
require only those exhibits detailed in this subsection which they
may deem necessary to inform the HPC in adjudicating the application.
C.
The administrative officer of the Borough shall determine if the
information submitted with an application for a certificate of appropriateness
constitutes a complete application. If it does not, the administrative
officer shall confer with the Chairperson of the HPC (or their designee)
to determine which additional material shall be needed to establish
completeness and inform the applicant immediately.
D.
Once the administrative officer has deemed an application for a certificate
of appropriateness to be complete, they shall refer the application
to the HPC. The HPC shall advise the applicant of the date, time,
and place of the public hearing at which his or her application is
to be reviewed at least 10 days prior to the hearing. An applicant
shall appear or be represented at any hearing to consider the application.
E.
Each applicant shall make the property which is the subject of the
application available to the HPC board members and its professionals/agents
for physical inspection on or before the application is to be heard
by the HPC.
A.
Representation of parties. Any owner or owners and all persons having
a legal and equitable interest in any property which has been proposed
for designation, or is designated as a historic site, or for which
an application for a building permit or application for development
has been made to the Borough may appear in person or be represented
by an authorized agent or attorney at any public hearing scheduled
by the HPC.
B.
Order of procedure. The order of procedure at all public hearings
of the HPC shall be as follows:
(1)
Opening of the hearing by the Chairperson.
(3)
Statement by the Chairperson summarizing the items on the agenda
for the meeting.
(4)
Approval of the minutes of previous meetings.
(5)
Review and approval of any resolutions memorializing decisions reached
on applications at previous meetings.
(6)
Applications that were heard previously by the HPC and carried to
the next hearing date shall be heard under "old business."
(7)
Applications not previously heard by the HPC shall be heard under
"new business."
(a)
Upon calling the case of a new application, the applicant, or
the authorized agent or attorney, shall indicate to the HPC who will
be representing the applicant at the hearing and who will be offering
testimony regarding that application.
(b)
An opening statement will be made by the Chairperson or the
staff of the HPC regarding the application, specifically what documents
and evidence have been submitted to the HPC prior to the hearing date.
(c)
An opening statement will be made by the owner, authorized agent
or attorney representing the applicant, setting forth the overall
intent of the proposed activities to be undertaken on the property
in question.
(d)
Following the opening statements, presentations will be made
by the identified witnesses and evidence will be given in support
of the proposed activities that directly relate to the property which
is the subject of the hearing. Documents and other physical evidence
that will be submitted to the HPC shall be appropriately designated
by the HPC Secretary, using a consecutive numbering system.
(f)
Following a presentation in support of the application, statements,
if any, of other interested persons, either for or against the proposed
activities, will be heard by the HPC. Such statements shall be limited
to such length of time as the HPC shall designate.
(g)
Final disposition of any matter subject to public hearing before
the HPC shall be in accordance with the applicable provisions contained
within the Historic Preservation Ordinance of the Borough of Riverton.
Copies of the said final determinations shall be distributed in conformity
with the provisions of said ordinance. If the vote taken on a specific
application results in a tie, the application shall be deemed denied.
(h)
Following the presentation of the oral summation, the HPC shall
enter into public deliberations regarding the testimony offered, evidence
submitted, and any issues raised by the public, the HPC members or
staff relating to the activities proposed to be undertaken by the
applicant.
(i)
The HPC may advise the applicant and make recommendations in
regard to the appropriateness of the proposed action and may consider
granting approval upon such conditions as it deems appropriate within
the intent and purpose of the article.
(j)
Based upon these deliberations, the HPC shall render a decision
setting forth in full its reasons for approving or denying the application.
In the case of approval, any conditions placed upon the approval shall
be made as a part of the record. In either case, the HPC shall, at
the following meeting, pass a resolution memorializing its decision
and setting forth the testimony offered, evidence entered in the record,
findings of fact, and the conclusions reached on the application.
(8)
Following the conclusion of all new business to come before the HPC,
it shall take up such other business as may require its attention,
including but not limited to new grant applications; existing grant
application projects; seminars; consideration of ordinance changes;
consideration of new structures for designation as local landmarks,
etc.
(9)
Following the discussion of such additional business as noted above,
the HPC shall open the meeting to receive any comments or questions
from the general public as may be in attendance at the meeting.
(10)
Following the presentation to the HPC by any members of the
public, the Chairperson shall declare, upon a motion duly made, that
the meeting be adjourned.
C.
The HPC may, in its discretion, impose reasonable time limits upon
the presentation of evidence and statements. The Chairperson of the
HPC, at his/her discretion, may alter the order of procedure as circumstances
may require and warrant.
D.
All testimony offered by witnesses shall be given under oath or affirmation
and said testimony may be given by question-and-answer method or,
at the Chairperson's discretion, in statement form. Persons wishing
merely to state a position for or against a proposed application shall
be placed under oath or affirmation.
E.
Exhibits shall be marked for identification and shall be offered
in an orderly fashion. They shall be made available for examination
by any and all parties of interest. Leave to file post-hearing exhibits
or information may be sought at the hearing, or thereafter in writing,
which may be granted by the Chairperson. In the event leave to file
post-hearing exhibits or information is granted, copies shall be served
upon interested parties or representatives in person, or by United
States mail, by certified mail, return receipt requested, together
with a signed statement that this rule has been complied with, which
shall be attached to or shall accompany such documents submitted.
F.
Hearings shall be conducted in such a manner as shall result in a
just and lawful determination of the issues as promptly as circumstances
shall permit. The HPC shall make determinations as to the relevance
and materiality of evidence. The HPC may require a preliminary statement
of the nature of the evidence proposed to be elicited from any witness.
A.
In regard to all applications or advisory services, the HPC shall
be guided by the following standards and may ask applicants for additional
information to be used in making its determination:
(1)
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
(4)
Changes which may 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.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, wherever possible. If replacement is necessary, the appearance
of the new material should match the material being replaced in design,
color, texture and other visual qualities. Repair or replacement of
missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical or pictorial evidence
where known rather than on conjectural designs or the availability
of different architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Unpainted masonry facades shall not be painted, stuccoed, sided,
or obscured in any other way.
(9)
Every reasonable effort shall be made to protect and preserve archeological
resources affected by or adjacent to any project.
(10)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural materials
and when such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(11)
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.
B.
In regard to advisory services for new construction, additions and
alterations, the following visual compatibility factors shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
The proportion of a building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be compatible with the buildings and places to which it is visually
related.
(3)
The proportion of openings within the facility. The relationship
of the width of the windows to the height of the windows in a building
shall be visually compatible with the buildings and places to which
it is visually related.
(4)
The rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
(5)
The rhythm of spacing and buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
The rhythm of entrance and/or porch projections. The relationship
of the entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
The relationship of materials, texture, and color. The relationship
of the materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually compatible
with the buildings to which it is visually related.
(9)
The scale of a building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
(10)
The directional expression of the front elevation. A building
shall be visually compatible with the buildings and places to which
it is visually related in its directional character, whether this
be vertical character, horizontal character or nondirectional character.
(11)
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.
C.
In regard to applications or advisory services for demolition, the
following matters shall be considered:
(1)
Its historic, architectural, cultural, or scenic significance in
relation to the criteria established in this article.
(2)
If it is within a historic district, its significance to the historic
district and the probable impact of its demolition on the character
and ambience of the historic district and the criteria which were
the basis of the designation of the historic district.
(3)
Its potential for use for those purposes currently permitted by the
Zoning Ordinance.
(4)
A financial analysis establishing the following:
(a)
Demolition may be considered for a contributing structure if
the estimated cost of repairs exceeds 100% of the equalized assessed
value of the structure (i.e., improvements excluding land) that is
being sought to be demolished. Repairs in this instance shall include
all reasonable activities required to:
[1]
Make the structure safe by correcting existing building code violations and dangerous conditions identified in the engineering report required at § 128-47B(1)(c); and
[2]
Make the historic contributing structure habitable under the
New Jersey State Housing Code (N.J.A.C. 5:28) in the opinion of the
Construction Official or administrative officer, as appropriate. The
entire historic site and contributing structure need not be made habitable.
(b)
For noncontributing homes within the historic district, demolition
may be considered if the estimated cost of repairs exceeds 75% of
the equalized assessed value of the structure (i.e., improvements
excluding land) that is being sought to be demolished. Repairs in
this instance shall include all reasonable activities required to:
[1]
Make the structure safe by correcting existing building code violations and dangerous conditions identified in the engineering report required at § 128-47B(1)(c); and
[2]
Make the structure habitable under the New Jersey State Housing
Code (N.J.A.C. 5:28) in the opinion of the Construction Official or
administrative officer, as appropriate. The entire structure need
not be made habitable.
(5)
The nature and results of bona fide attempts to market the property
at a price consistent with preservation.
(6)
Whether the property can be put to reasonable beneficial use without
the approval of the demolition application.
(7)
Its importance to the Borough and the extent to which its historical
or architectural value is such that its demolition would be detrimental
to the public interest.
(8)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it would not be reproduced
or could be reproduced only with great difficulty and expense.
(9)
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 Borough an attractive
and desirable place in which to live.
D.
In regard to applications or advisory services for removal, the following
matters shall be considered:
(1)
The historic loss to the site of the original location and, if the
present location is within a historic district, to the historic district
as a whole.
(2)
The reasons for not retaining the improvement at its present site.
(3)
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of the
interest and values referred to in this article.
(4)
If the proposed new location is within a historic district, visual compatibility factors as set forth in Subsection B of this section.
(5)
The probability of significant damage to the landmark or structure
itself.
(6)
If it is to be removed from the Borough, the proximity of the proposed
new location to the Borough, including the accessibility to the residents
of the Borough and other citizens.
A.
The HPC shall reach a decision on the application and report such
a decision to the administrative officer within 45 days of submission
or referral of the complete application to the HPC by the administrative
officer. Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant and the HPC.
B.
Actions by HPC on applications after a decision is made.
(1)
If an application is approved, the HPC shall issue a certificate
of appropriateness, which shall be forwarded to the administrative
officer or Construction Official, as appropriate.
(2)
If the HPC disapproves an application, the HPC shall state its
reasons, in writing, in resolution form which shall be forwarded to
the administrative officer or Construction Official, as appropriate.
C.
Actions on applications for certificates of appropriateness.
(1)
If the HPC issues a certificate of appropriateness, the administrative
officer or Construction Official, as appropriate, shall issue the
permit to the applicant and provide the applicant with a copy of the
certificate of appropriateness.
(2)
If the HPC issues a certificate of appropriateness with conditions,
the administrative officer or Construction Official, as appropriate,
shall issue the permit to the applicant with the conditions included
and provide the applicant with a copy of the certificate of appropriateness
with the conditions set forth.
(3)
If the HPC disapproves an application for a certificate of appropriateness,
the administrative officer or Construction Official, as appropriate,
shall deny issuance of the permit to the applicant and provide the
applicant with a copy of the resolution from the HPC.
(4)
Failure of the HPC to report within the forty-five-day period
shall be deemed to constitute a report in favor of the issuance of
the permit without conditions.
D.
After a certificate of appropriateness has been issued, the administrative
officer or the Construction Official, as appropriate, shall, from
time to time, inspect the work approved by the certificate of appropriateness
and report to the HPC any work not in accordance with such certificate
of appropriateness. The HPC shall also make inspections of work approved
by a certificate of appropriateness whenever it considers such to
be desirable.
E.
A certificate of appropriateness shall be valid for a period of two
years from the date of issuance unless reasonable extensions are granted
by the HPC. If a permit is also required for the activity and is obtained
prior to the expiration of said two-year period, then the certificate
of appropriateness shall be valid for the life of the permit and any
extensions thereof.
F.
Resolution and rationale.
(1)
Actions taken by the HPC shall be memorialized at the meeting
following approval or disapproval by the adoption of a formal resolution
setting forth in detail all the reasons for the approval or disapproval
of a certificate of appropriateness and setting forth any and all
conditions imposed, if any, on the grant of approval.
(2)
The Secretary of the HPC shall immediately upon adoption forward
a copy of the resolution to the applicant, the Construction Official,
the administrative officer, the Borough Planning Board, and the Borough
Clerk.
(3)
The Borough shall, within 10 days of the adoption of such a
resolution of memorialization, publish notice thereof in the Borough's
official newspaper in the same manner as notice of formal action by
the Riverton Planning Board is required for site plan approval, subdivision
approvals and the like.
A.
Approval. Issuance of a certificate of appropriateness shall be deemed
to be final approval pursuant to this article. Such approval shall
neither cause nor prevent the filing of any collateral application
or other proceeding required by any other Borough ordinance to be
made prior to undertaking the activity concerning the historic site
or the structure in a historic district or the demolition.
B.
Denial. Denial of a certificate of appropriateness shall be deemed
to preclude the applicant from undertaking the activity or demolition
applied for.
C.
Appeals. The granting or the denial of a certificate of appropriateness
and/or the action of the administrative officer and/or Construction
Official in reliance upon same may be appealed to the Planning Board
in the same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-72.
Nothing herein shall be deemed to limit the right of judicial review
of the Borough action after an appeal is concluded by the Planning
Board.
A.
Any person who shall undertake any activity which requires a certificate
of appropriateness, without obtaining the approval of the HPC, shall
be deemed to be in violation of this article.
B.
Upon learning of the violation, the administrative officer and/or
Construction Official 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 site or improvement to the condition it was in prior
to the violation. If the owner cannot be personally served within
the Borough with said notice, a copy shall be posted on the site and
a copy sent to the owner at his last known address as it appears on
the Borough tax rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on-site, whichever is earlier, the administrative officer
and/or Construction Official 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
site or improvement; or to prevent any illegal act, conduct, business
or use in or about such site or improvement.
D.
If any person shall undertake any activity requiring a certificate of appropriateness without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval in accordance with the provisions of § 128-47 herein, and take any necessary measures to preserve the site or improvement affected, pending a decision. If the certificate of appropriateness is denied, he or she shall immediately restore the site or improvement to its pre-activity status. The administrative officer and/or Construction Official is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
E.
If any activity requiring a certificate of appropriateness which
would permanently and adversely change a property is about to occur
without approval having been issued, the administrative officer and/or
Construction Official is empowered to apply to the Superior Court
of New Jersey for injunctive relief as is necessary to prevent such
actions.
A.
The Planning Board shall refer to the HPC every application for development submitted to the Planning Board for development and/or zoning changes in historic districts or on historic sites 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 to the application as required shall not invalidate any hearing or proceeding. The HPC shall make its recommendations to the Planning Board, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted. In the event the referral from the Planning Board involves any aspect of a demolition, the referral and the handling of the referral by the HPC shall be subject to § 128-47A through E.
B.
The HPC's recommendations shall focus on how the proposed development would affect a historic site or historic district's historic or architectural significance as outlined in § 128-44 and shall be guided by the review standards established in § 128-49. In considering the HPC's recommendations, the Planning Board shall be guided by the same standards.
C.
On all matters referred to the HPC which require approval or action
by the Planning Board, the decision of the HPC shall be a recommendation
only, which may be approved, disapproved, or amended by the Planning
Board. If the Planning Board should disapprove or amend the decision
of the HPC, it shall state its reasons therefor at a public hearing
and in its resolution of memorialization.
A.
If the administrative officer has determined that an application for a building permit requires nonbinding advisory review by the HPC pursuant to § 128-43G(7), the administrative officer shall submit to the HPC a copy of that application.
B.
Upon review of each application, the Chairperson of the HPC may determine
that the work described in the application is sufficiently limited
in scope and/or impact on the historic site and historic district
to allow it to proceed without review by the entire committee. In
such cases, the Chairperson or designee may act in place of the full
committee. Such determination shall be made within 14 days of the
original application.
C.
All other applications shall be submitted to the HPC and the applicant
shall be required to attend the next monthly meeting following submission
of the application at which time the application will be considered.
No building permits shall be issued to applicants who fail to attend
the meeting.
D.
The applicant shall appear at the HPC meeting with, in addition to
the permit application, a minimum of two of the following: a plot
plan, plan and elevation drawings, photographs, and/or three-dimensional
pictorial drawings representing the changes which are proposed. In
addition, the applicant shall provide a verbal or written description
of the proposed design and materials, in sufficient detail so that
the committee members can fully understand the scope of the proposed
work. When appropriate for significant changes, additions, or construction,
signed and dated architectural drawings and specifications shall be
provided.
E.
If a permit application appears to be consistent with the standards for review detailed in § 128-49.6C(4), the HPC shall notify the Construction Official that the committee has no objection to the issuance of the permit to the applicant.
F.
If the HPC finds that the permit application is contrary to those standards of the community as set forth in § 128-49.6, the HPC shall offer the counseling services of the committee. At any time, the applicant may decline further counseling services, at which point the HRC shall report to the administrative officer that the applicant's obligations for this section have been discharged.
A.
To preserve our community's character, it is the intent of this
article that the HPC shall encourage the principle that any alterations
or repairs be made in the spirit of the architectural style of the
building and that any additions be made in such a manner as not to
detract from the building's original style.
B.
The HPC may encourage this principle by providing information for
the use and edification of the Riverton residents concerning architectural
details found in the community. The HPC may refer residents to resources
which may assist them in maintaining their residence.
C.
In reviewing the applicant's plans, the HPC shall be guided by the following items as well as by § 128-49 and the general standards referred to in the United States Department of Interior's Standards for Rehabilitation, as amended:
(1)
The historic or architectural value and significance of the
structure and its relationship to the historic value of the surrounding
areas.
(2)
The details of design for the period of architecture and surrounding
neighborhood.
(3)
The general compatibility of exterior designs, arrangements
and materials proposed to be used.
(4)
Any other factor, including aesthetic, which the HPC deems pertinent.
