The Legislature of the State of New Jersey has
in N.J.S.A. 40:55D-107 et seq., as amended, delegated to the governing
bodies of municipalities the authority to adopt regulations designed
to promote the protection of certain architecturally, historically
and archaeologically significant structures, sites or districts for
the general welfare of their citizenry and to establish an Historic
Reservation Commission.
Washington Township recognizes that it has areas,
places and structures of historic, archaeological and architectural
significance. It is in the interest of the general welfare to preserve
these areas, places and structures and to ensure that new development
is compatible and relevant with these areas, places and structures.
This section will achieve these purposes and objectives, will promote
the preservation of the environment, will promote a desirable visual
environment through creative development techniques and good civic
design and arrangements, will prevent the degradation of the environment
through improper use of land, and will promote the most appropriate
use of land in the Township.
As used in this section, the following words
and phrases shall have the following meanings. Unless specifically
defined herein, words or phrases used in this section shall be interpreted
in accordance with common usage and so as to give this section its
most reasonable application.
ADDITION
The construction of a new improvement as a part of an existing
improvement when such new improvement changes the exterior appearance
of any designated landmark.
ALTERATION
Any work done on any improvement which:
A.
Is not an addition to the improvement.
B.
Changes the appearance of the exterior surface
of any improvement, excluding paint.
[Amended 9-17-1990 by Ord. No. 30-90]
CERTIFICATE OF APPROPRIATENESS
A document that is issued by the Historic Preservation Commission,
following a prescribed series of hearings and review procedures, certifying
that the proposed development actions by an applicant are found to
be acceptable in terms of design criteria relating to the individual
site, structure or building or the historic district as a whole.
DEMOLITION
The razing of any improvement or the obliteration of any
natural feature of a designated landmark.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
IMPROVEMENT
Any structure or part thereof constructed or 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
60 continuous days.
LANDMARK DESIGNATION
The official recognition of any site, building, structure
or area that has been documented to have or contain architecturally,
historically or archaeologically significant features or elements
and that adheres to the criteria as established by the National Historic
Preservation Act of 1966, as amended.
REPAIR
Any work done on any improvement which:
A.
Is not an addition to the improvement.
B.
Does not change the appearance of the exterior
surface of any improvement.
REPLACEMENT
Repairs, when a building permit is required for the same.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
[Amended 9-17-1990 by Ord. No. 30-90; 12-20-2021 by Ord. No. 19-21]
A. Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Commission
shall be required before a permit is issued for any of the following
or, in the event that no other type of permit is required, before
any work can commence on any of the following activities involving
any site or landmark or within any historic district:
(1)
Demolition of an historic site or landmark or of any improvement
within any historic district.
(2)
Relocation of any historic site or landmark or of any improvement
within any historic district.
(3)
Change in the exterior appearance of any existing historic site
or landmark, excluding ordinary maintenance as defined at N.J.A.C.
5:23-2.7.
(4)
Any new construction of a principal or accessory structure on
any historic site or in any historic district.
(5)
Changes in or addition of new signs or exterior lighting, except
that no certificate of appropriateness shall be required for one unlit
sign per premises if the surface area of such sign does not exceed
two square feet.
B. Exceptions.
(1)
A certificate of appropriateness shall not be required for any
ordinary maintenance as defined at N.J.A.C. 5:23-2.7 or exact replacement
of any existing improvement. In the event that the exterior surface
material of the improvement shall be changed as a result of repair
or exact replacement, a certificate of appropriateness shall not be
required if the new exterior surface is one that has been previously
approved by regulations duly promulgated by the Historic Preservation
Commission for similar improvement in that area or as to that particular
historic landmark. In the event that the repair or exact replacement
does not conform to said regulations, a certificate of appropriateness
shall be required.
(2)
In terms of an exact replacement of finishes, materials or architectural
elements, it is understood that the Historic Preservation Commission
would prefer an applicant to maintain, stabilize and repair the original
or existing finishes, materials or architectural elements before considering
the replacement of the same. However, should the original or existing
finishes, materials or architectural elements be of such a deteriorated
condition as to require replacement, the new finishes, materials or
architectural elements should be designed and installed to replicate
the material, size, contour, configuration and design of that which
is being replaced.
C. Certificates of appropriateness are required before a zoning or building
permit is issued. A certificate of appropriateness is also required
as follows:
(1)
A certificate of appropriateness is required for a change in
the exterior appearance of any existing historic site or landmark,
excluding paint, as it relates to an improvement within the district
by way of addition, alteration or replacement when a property owner
applies for a tax abatement in the historic rehabilitation area.
(2)
A certificate of appropriateness is required for a change in
the exterior appearance of any existing historic site or landmark,
excluding paint, or of any improvement within any district by addition,
alteration or replacement to qualify for an abatement in a historic
rehabilitation area.
In making its determinations and recommendations,
the Historic Preservation Commission shall take into consideration
specific standards as set forth below.
A. Demolitions. With regard to an application to demolish
an historic site, landmark or any improvement within any historic
district, the following matters shall be considered:
(1)
Its historic, architectural, archaeological
and aesthetic significance.
(3)
Its importance to the municipality and the extent
to which its historical, architectural or archaeological value is
such that its removal would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote
the general welfare by maintaining and increasing real estate value,
generating business, creating new jobs, attracting tourists, students,
writers, historians, artists and artisans, attracting new residents,
encouraging study and interest in American history, stimulating interest
and study in architecture and design, educating citizens in American
culture and heritage or making the municipality a more attractive
and desirable place in which to live.
(6)
If it is within an historic district, the probable
impact of its removal upon the ambience of said historic district.
B. Removals out of the municipality. With regard to an
application to move an historic landmark to a location outside of
the municipality, the following matters shall be considered:
(1)
The historic loss to the site of the original
location.
(2)
The compelling reasons for not retaining the
landmark or structure at its present location.
(3)
The proximity of the proposed new location to
the municipality, including the accessibility to the residents of
the municipality and other citizens.
(4)
The probability of significant damage to the
landmark or structure itself as a result of the move.
(5)
The applicable matters set forth in Subsection
A.
C. Removals within the municipality. With regard to an application to move an historic site or landmark or any structure in any historic district to a new location within the municipality, the following matters shall be considered in addition to the matters set forth in Subsection
B:
(1)
The compatibility, nature and character of the
current and of the proposed surrounding areas as they relate to the
intent and purposes of this section.
(2)
If the proposed new location is within an historic district, the visual compatibility factors as set forth in Subsection
G.
D. Visual compatibility considered for additions or removals. With regard to an application to move a landmark or structure into or to construct a new structure or to add to or alter an existing structure within an historic district, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related within that district shall be considered in terms of the visual compatibility factors as set forth in Subsection
G.
E. Considerations on other actions. In regard to an application for approval any other proposed action, as set forth in §
217-136A, the following matters shall be considered:
(1)
If an historic landmark or a structure in the
Historic Preservation Overlay Zone is the subject of an application:
(a)
The impact of the proposed change on its historic
and architectural character.
(b)
Its importance to the municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
(c)
The extent to which there would be involvement
of textures and materials that could not be reproduced or could be
reproduced only with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would
adversely affect the public's view of a landmark or structure 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 character and ambience of the historic district 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 Subsection
G.
F. Additional matters considered. In regard to all applications,
additional pertinent matters may be considered but in no instance
shall interior arrangement be considered.
G. Visual compatibility factors. The following factors
shall be used in determining the visual compatibility of a building,
structure or appurtenance thereof with the buildings and places to
which it is visually related and shall be known as "visual compatibility
factors":
(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
elevation 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 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)
Rhythm of solids to voids on front facade. 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)
Rhythm of spacing of buildings on streets. The
relationship of the building to the open space between it and the
adjoining buildings shall be visually compatible with the buildings
and places to which it is visually related.
(6)
Rhythm of entrance and/or porch projections.
The relationship of the entrance or entrances and the porch projections
to the street shall be visually compatible with the buildings and
places to which it is visually related.
(7)
Relationship of materials and texture. The relationship
of materials and texture 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.
[Amended 9-17-1990 by Ord. No. 30-90]
(8)
Roof shapes and roofing materials. The roof
shapes of a building shall be visually compatible with the buildings
to which it is visually related. Dimensional shingles are an acceptable
material for replacing a slate roof or cedar shakes.
[Amended 9-17-1990 by Ord. No. 30-90]
(9)
Walls of continuity. Appurtenances of a building,
such as walls, open-type fencing and evergreen landscape masses, 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 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.
(11)
Directional expression of front facade. 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)
Siding. The siding of a building shall be visually
compatible with the buildings and places to which it is visually related.
Alternative siding shall be permitted as an exception to the requirements
herein, but only if all of the following conditions are met:
[Added 9-17-1990 by Ord. No. 30-90]
(a)
Where the requirements of historically accurate
replacement of installation of siding would cause an economic hardship
on the property owner and such hardship would justify the use of alternative
siding.
(b)
The alternative siding shall replicate the original
exterior siding of the building, in all appearances, dimensions, contour,
configuration and design.
(c)
Where siding is being repaired and replaced,
the original siding shall be retained under the new alternative siding,
so long as the original siding is in a condition that would merit
its retention.
H. In addition to the visual compatibility factors listed
above, the Historic Preservation Commission shall also give consideration
to the latest edition of the Secretary of the Interior's Standards
and Guidelines for Rehabilitation of Historic Buildings.
[Added 3-20-1995 by Ord. No. 10-95]
I. All lighting within the Historic Preservation Overlay Zone shall be designed and maintained in accordance with §
159-41A.
[Added 8-19-2002 by Ord. No. 32-02]
(1)
Notwithstanding the requirements of §
159-41A, the use of neon lighting visible to the exterior of any building is prohibited within the Historic Preservation Overlay Zone.
(2)
Within the Historic Preservation Overlay Zone, all lighting within retail and merchandise display areas shall not be visible to the exterior of any building through display windows or doors. Interior light fixtures shall be completely screened from view so as not to produce any nuisance glare, on or off site, in accordance with §
159-41A.
[Amended 12-20-2021 by Ord. No. 19-21]
Any person who shall undertake any activity, other than ordinary
maintenance as defined at N.J.A.C. 5:23-2.7, in relation to a landmark
or improvement within the Historic Preservation Overlay Zone without
first having obtained a certificate of appropriateness shall be deemed
to be in violation of this section.
A. Service of notice of violation. Upon learning of the violation, the
Construction Code Official shall personally serve upon the owner of
the lot 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 landmark or improvement to its status quo ante. If
the owner cannot be personally served within the municipality with
said notice, a copy of the same shall be posted on the site in question,
and a copy shall be sent by certified mail, return receipt requested,
to the owner at his last known address as it appears on the municipal
tax rolls.
B. Issuance of summons and complaint. In the event that the violation
is not abated within the specified ten-day period following service
and/or posting on the site in question, whichever is earlier, the
Construction Code Official shall cause to be issued a summons and
complaint, returnable in the Municipal Court, charging violation of
this section. Each separate day that the violation exists shall be
deemed to be a new and separate violation of this section.
C. Penalties. The penalty for violations shall be as follows:
(1)
For each day of violation up to 10 days: not more than $25 per
day.
(2)
For each day of violation from 11 to 25 days: not more than
$50 per day.
(3)
For each day of violation beyond 25 days: not more than $75
per day.
D. Injunctive relief. In the event that any action which would permanently
and/or adversely change a landmark, historic site or historic district,
such as demolition or removal, is about to occur without a certificate
of appropriateness having been issued, the Construction Code Official
is hereby authorized to apply to the Superior Court of New Jersey
for such injunctive relief as is necessary to prevent the destruction
of any historic site, landmark or structure within an historic district.
Recognizing the need for preventive maintenance
to ensure the continued useful life of landmarks and structures in
historic districts, the Committee of the Township of Washington hereby
declares that code enforcement in relation to landmarks and structures
in historic districts is a high municipal priority.
A. Deterioration and service of notice of violation.
In the event that any landmark or improvement in the Historic Preservation
Overlay Zone deteriorates to the point that, in the best estimate
of the Municipal Construction Code Official, the cost of correcting
the outstanding code violations equals more than 50% of the cost of
replacing the entire improvement on which the violations occur, the
Construction Code Official shall serve personally or by certified
mail, return receipt requested, a notice on the owner of the landmark
or structure, listing the violations, the estimate for their abatement
and the replacement cost of the improvement and stating that if the
owner does not take all necessary remedial action within 90 days,
or such extensions of time as the Construction Code Official shall
for good cause grant, the municipality may, at the expiration of the
ninety-day period, institute appropriate legal proceedings against
the property owner to restrain, correct or abate all violation.
B. Request for hearing by property owner.
(1)
Upon receipt of such notice from the Municipal
Construction Code Official, the owner may, within 10 days after such
receipt, notify the Construction Code Official or his wish to have
a hearing as to the allegations and estimates set forth in the Construction
Code Official's notice. Such hearing shall be conducted by the Board
of Adjustment and shall, insofar as is possible, be a formal adversary
proceeding in which the Board shall decide whether the matters alleged
in the notice are established by a preponderance of the evidence.
(2)
If the owner does not request a hearing, the procedures set forth in Subsection
A shall apply. If a hearing is requested, the Construction Code Official shall, within 10 days after the hearing, serve on the owner an opinion of the Board, in writing, setting forth the conclusions and the reasons for the decision set forth therein. Such opinion shall be deemed to be a first notice pursuant to Subsection
A.
C. Violation abatement by municipality. Thereafter, if
the owner of the property in question does not comply with the terms
of the notice, the Construction Code Official, in addition to any
other available remedies likely to bring about compliance, may request
the legal counsel of the Township to institute the appropriate proceedings
at law or in equity against the owner of the property to restrain,
correct or abate all violations.
It shall be the duty of all municipal officials
reviewing all permit applications involving real property or improvements
thereon to determine whether such application involves any activity
or property which should also be the subject of an application for
a certificate of appropriateness, and if it should, to inform, in
writing, both the Secretary of the Commission and the applicant in
a timely fashion.
This section shall take effect upon passage,
publication and filing of a copy with the appropriate state and county
agencies as set forth and in the manner prescribed by state law.