[Added 12-15-1986 by Ord. No. 46-86]
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.
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.
Any work done on any improvement which:
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.
The razing of any improvement or the obliteration of any
natural feature of a designated landmark.
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 which has been
formally designated in the Master Plan as being of historical, archaeological,
cultural, scenic or architectural significance.
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.
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.
The official newspaper of the Township of Washington.
Any work done on any improvement which:
Repairs, when a building permit is required for the same.
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.
A.
Establishment of an Historic Preservation Commission.
There is hereby created and established an Historic Preservation Commission
of the Township of Washington to serve as a direct link between the
process of approving new development, renovations and alterations
and the process of preserving historic districts, sites and landmarks
of the Township of Washington.
B.
Composition of the Historic Preservation Commission.
The Historic Preservation Commission shall consist of seven regular
members, with two alternates. Alternate members shall meet the qualifications
of Class C members, as defined below. Of the seven regular Commission
members:
(1)
Three shall be either Class A or Class B members,
as follows:
(2)
Four shall be Class C members, who shall be
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.
(3)
To the extent available from within the Township
of Washington, the Mayor shall appoint, with regard to Class A or
Class B members, professional individuals from the discipline of architecture,
history, architectural history, prehistoric archaeology, and historic
archaeology who meet the requirements as set forth in the 1980 amendments
of the National Historic Preservation Act. Should such individuals
not be available from within the municipality, the Mayor shall have
the authority to appoint such individuals who reside outside of the
Township.
(4)
At the time of appointment, the regular members
shall be designated by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2."
C.
Terms of members. The terms of the members first appointed
shall expire as follows:
(1)
Two Class A and Class B members shall serve
initial terms of four years.
(2)
One Class A or Class B member shall serve an
initial term of three years.
(3)
One Class C member shall serve an initial term
of three years, two Class C members shall serve an initial term of
two years, and one Class C member shall serve an initial term of one
year.
(4)
One alternate member shall serve an initial
term of two years, and one alternate member shall serve an initial
term of one year.
(5)
Upon expiration of the initial term of office,
regular members thereafter appointed shall serve for four-year terms,
except that Municipal Planning Board or Zoning Board of Adjustment
members shall serve during their incumbency in such municipal office.
Upon expiration of the initial term of office, alternate members thereafter
appointed shall serve for two-year terms, except that Municipal Planning
Board and Zoning Board of Adjustment members shall serve during their
incumbency in office.
(6)
Vacancies occurring otherwise than by expiration
of term shall be filled for the unexpired term only. Such vacancies
shall be filled by appointment of the Mayor within 60 days.
D.
Organization of the Historic Preservation Commission.
(1)
The Historic Preservation Commission shall elect
from its membership a Chairman and a Vice Chairman and shall select
a Secretary, who may or may not be a member of the Historic Preservation
Commission or a municipal employee.
(2)
Establishment of rules and regulations. The
Historic Preservation Commission shall create rules and procedures
for the transaction of its business, subject to the following regulations:
(a)
A quorum for the transaction of business shall
consist of four or more members, including the Chairman or, in his
absence, the Vice Chairman, but not less than a majority of the full
authorized membership may grant or deny a certificate of appropriateness.
(b)
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 Commission shall prepare
and adopt rules of procedure, which will be made available to the
public and which shall include a specific section prohibiting any
member from acting on any matter in which he has, either directly
or indirectly, any personal or financial interest.
(d)
The members of the Historic Preservation Commission
shall serve without compensation.
(3)
Retention of professional assistance. Within
the limits of funds that have been appropriated by the Township Committee
for the performance of its work, exclusive of grants or gifts, the
Historic Preservation Commission may employ, contract for and fix
the compensation of qualified professionals to direct, advise and
assist the Historic Preservation Commission. The Commission may obtain
the equipment, supplies and other materials necessary to its effective
operation. The Commission shall obtain its legal counsel from the
Municipal Attorney at the rate of compensation determined by the Township
Committee. Further, the Commission is responsible for ensuring that
when a specific discipline is not represented on the Commission, and
the Commission considers an action which is normally evaluated by
a professional in that discipline, it shall obtain professional advice
and assistance before rendering a decision.
(4)
Powers and duties. The Historic Preservation
Commission shall have the following powers and duties:
(a)
Within 12 months of its organization, the Historic
Preservation Commission shall complete a survey of historic sites
and shall prepare and adopt a landmark designation list and official
map of historic sites and landmarks, which shall then be referred
to the Planning Board for inclusion in the Master Plan pursuant to
N.J.S.A. 40:55D-28b and to the Committee of the Township of Washington
for inclusion in the Zoning Map as an Historic Preservation Overlay
Zone.
(b)
To hear and decide applications for certificates of appropriateness for historic sites, landmarks or historic districts or designated in § 217-133D(4)(a).
(c)
To amend from time to time and as circumstances
warrant, the landmark designation list and historic preservation map.
(d)
To report at least annually to the Planning
Board and the Committee of the Township of Washington on the state
of historic preservation in the Township and to recommend measures
to improve the same.
(e)
To collect and disseminate material on the importance
of historic preservation and specific techniques for achieving the
same.
(f)
To advise all municipal agencies regarding goals
and techniques of historic preservation.
(g)
To adopt and promulgate such regulations and
procedures not inconsistent herewith as are necessary and proper for
the effective and efficient performance of the duties herein assigned.
(h)
To review all proposed National Register nominations
for properties that come within the jurisdiction of the Commission,
as established by the criteria of the 1980 amendments of the National
Historic Preservation Act of 1966.
(5)
Meetings.
(a)
The Historic Preservation Commission shall meet
on a regular basis, 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.).
(b)
In the event that there arises a need for an
emergency meeting of the Historic Preservation Commission, the Commission
Chairman shall convene a meeting of the Commission after having given
due and appropriate notice in accordance with the State Open Public
Meetings Act. The Commission Chairman shall instruct the Secretary
to personally or telephonically contact the Commission members to
inform them of the time, date, location and purpose of the emergency
meeting. Emergency meetings shall be convened under such circumstances
as may warrant the immediate action of the Commission. By way of example,
an emergency meeting would be in order where there is pending a demolition
permit on a designated historic site.
A.
Preparation of a survey. The Historic Preservation
Commission shall make a comprehensive survey of the Township of Washington
for the purpose of identifying historic districts, sites and landmarks
which are worthy of protection and preservation. Such survey shall
be based upon an identification process approved by the Historic Preservation
Office, Department of Environmental Protection, and shall be the basis
for inclusion of an Historic Preservation Overlay Zone in the Zoning
Map of the Township.
[Amended 3-20-1995 by Ord. No. 10-95]
B.
Documentation and notification. Based on the survey
and recommendations of concerned citizens, the Historic Preservation
Commission shall document the importance and historical significance
to the municipality, state and nation of each proposed historic site
and landmark in terms of the purpose and criteria set forth in this
section. Thereafter, the Historic Preservation Commission shall, by
certified mail:
(1)
Notify each owner that his property has been
tentatively designated a historic landmark.
(2)
Advise each owner of the significance and consequences
of such designation and advise him of his opportunities and rights
to challenge or contest such designation.
(3)
Invite each owner to consent voluntarily to
final designation without the need for public hearing or other protection.
C.
Public hearings.
(1)
The Historic Preservation Commission shall,
as soon as practicable, make public a complete list and map of the
proposed historic districts, sites and landmarks, specifying the locations,
boundaries and popular names thereof. In designating any landmark
or historic district, the Historic Preservation Commission may determine
and specifically designate certain buildings or structures as not
contributing to the historic district.
(2)
The tentative list and map shall thereafter
be submitted at a public hearing to the examination and criticism
of the public. Interested persons shall be entitled to present their
opinions, suggestions and objections at this public hearing. A list
and map showing all proposed historic districts and landmarks shall
be published, together with a notice of the hearing on the same, in
the official newspaper not less than 10 days prior to such hearing.
D.
Final decision by Commission. After full consideration
of the evidence brought forth at the public hearing, the Historic
Preservation Commission shall make its final decisions regarding the
proposed designations and shall issue its final report to the public,
stating reasons in support of its actions with respect to each site,
landmark and historic district designation.
E.
Submission of list to Township Clerk and Planning
Board. The final list and map of sites, landmarks and historic districts
shall be submitted thereafter to the Secretary of the Township Planning
Board and to the Clerk of the Township of Washington. Prior to the
adoption of an ordinance including these designated sites, landmarks
and districts as the Historic Preservation Overlay Zone, the Township
Committee shall refer the same to the Planning Board for recommendations.
The Committee shall then determine whether to adopt the designation
list and map by ordinance as said overlay zone.
F.
Distribution of designation list and map. Copies of
the Landmarks Designation List and Historic Preservation Map, as adopted,
shall be made public and distributed to all municipal agencies reviewing
development applications and all building and housing permits. A certificate
of designation shall be served by certified mail upon the owner of
each site included in the final list, and a true copy thereof shall
be filed with the County Clerk for recordation.
[Amended 3-20-1995 by Ord. No. 10-95]
G.
Placement of plaques. Each designated historic district,
site and landmark may be marked by an appropriate plaque in such form
as the Historic Preservation Commission shall promulgate by regulation.
A.
In considering an individual site, building or structure
or a district for designation as historically, architecturally or
archaeologically significant, the Historic Preservation Commission
shall give consideration to the following criteria:
(1)
That it is associated with events that have
made a significant contribution to the broad patterns of our history;
(2)
That it is associated with the lives of persons
significant in our past;
(3)
That it embodies the distinctive characteristics
of a type, period or method of construction, or that it represents
the work of a master, or that it possesses high artistic values or
that it represents a significant and distinguishable entity whose
components may lack individual distinction; or
(4)
That it has yielded or may be likely to yield
information important in prehistory or history.
B.
Ordinarily, cemeteries, birthplaces or graves of historical
figures, properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative
in nature and properties that have achieved significance within the
past 50 years shall not be considered eligible for the National Register.
However, such properties will qualify for designation hereunder if
they are integral parts of districts that do meet the criteria or
if they fall within the following categories:
(1)
A religious property deriving primary significance
from architectural or artistic distinction or historical importance;
(2)
A building or structure removed from its original
location but which is significant primarily for architectural value
or which is the surviving structure most importantly associated with
an historic person or event;
(3)
A birthplace or grave of an historical figure
of outstanding importance if there is no other appropriate site or
building directly associated with his productive life;
(4)
A cemetery that derives its primary significance
from graves of persons of transcendent importance, from age, from
distinctive design features or from association with historic events;
(5)
A reconstructed building when accurately executed
in a suitable environment and presented in a dignified manner as part
of a restoration master plan and when no other building or structure
with the same association has survived;
(6)
A property primarily commemorative in intent
if design, age, tradition or symbolic value has invested it with its
own historical significance; or
(7)
A property achieving significance within the
past 50 years if it is of exceptional importance.
[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.
A.
Application procedure. Application for a certificate
of appropriateness shall be made on forms available from either the
Township Clerk or the Secretary of the Historic Preservation Commission.
Completed applications shall be delivered to the Secretary of the
Historic Preservation Commission at the Washington Township Municipal
Building, 43 Schooley's Mountain Road, Long Valley, New Jersey.
B.
Application information and supporting documents.
Applications or a certificate of appropriateness shall be filed in
compliance with the following requirements:
(1)
The applicant shall file eight copies of the
application and eight copies of the plot plans, maps and other such
appropriate documents as required by the Historic Preservation Commission.
In the case of applications being made directly to the Commission
through referral by another Township board or official, the applicant
shall have the responsibility of providing an advisory copy of the
full application to the Township Planning Board, Township Board of
Adjustment, Township Health Department and Township Construction Code
Official. The filing of this advisory copy to the above-noted Boards
shall be made by the applicant within three days of having filed the
formal application with the Historic Preservation Commission.
(2)
The application shall include:
(a)
An overall site plan layout, at a minimum scale
of one inch equals 20 feet, showing the location of all adjacent properties.
(b)
Sufficient color photographs of all adjacent
properties and buildings within a minimum of 60 feet of the landmark
property lines. Each photograph shall be properly identified and referenced
on the site plan.
(c)
Elevation drawings may be optional at the Commission's
requests. All building elevations required shall be at a minimum scale
of 1/8 inch equals one foot.
C.
Hearing procedure.
(1)
The applicant shall notify all property owners
within 200 feet of the lot line of the landmark property in question,
by certified mail with a return receipt requested, of the hearing
on the application, including a statement as to the work or activity
involved, not less than 10 days before it is to be heard. A list of
such property owners may be obtained from the Township Assessor.
(2)
The applicant shall present a certification
of service of such notice at the hearing on the application.
(3)
The applicant shall publish notice of the hearing
and present proof of publication in the official newspaper not less
than 10 days before it is to be heard.
D.
Time frame of decision by Commission.
(1)
The Historic Preservation Commission shall reach
a decision on the application within 45 days after the Secretary has
declared an application to be complete; otherwise the applicant shall
be deemed to have been approved. Nothing herein shall prohibit an
extension of time by mutual agreement of the applicant and the Historic
Preservation Commission. The Historic Preservation Commission may
advise the applicant and make recommendations in regard to the appropriateness
of proposed action and may grant approval upon such conditions as
it deems appropriate within the intent and purpose of this section.
(2)
If an application is approved, the Historic
Preservation Commission shall forthwith issue a certificate of appropriateness.
If the Historic Preservation Commission disapproves an application,
the Historic Preservation Commission shall state its reasons, in writing,
in resolution form within 10 days of such a decision. In case of disapproval,
the Historic Preservation Commission shall notify the applicant, in
writing, of such resolution of disapproval, and reasons therefor,
and provide the applicant with a certified copy thereof. A summary
of the Historic Preservation Commission's action shall be published
in the official newspaper within 10 days of such action.
E.
Appeal to Commission of Hardship. In the event that
the applicant alleges that compliance with the requirements of this
section would be an unreasonable hardship and that the nature of his
application is such that the change sought neither justifies the time
and expense of the plenary proceeding nor will impact negatively on
the public good nor specifically on the historic qualities sought
to be preserved; the Historic Preservation Commission, by a two-thirds
affirmative vote of its fully authorized membership, may grant such
relief from the requirements of this section as it deems consistent
with the public good and the purposes of this section.
F.
Request for certificate of appropriateness for alteration
creating negligible impact. An applicant may allege that a certificate
of appropriateness should be granted without his fulfilling all of
the application requirements set forth herein because the addition
or alteration contemplated will not be visible from any place to which
the public normally has access and, therefore, said addition or alteration
cannot adversely affect the public interest and cannot affect an architecturally
significant elevation. In that event, the Historic Preservation Commission,
by a majority vote of its full authorized membership, upon a finding
that the applicant's claim is accurate, may forthwith grant a certificate
of appropriateness on that basis.
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.
(2)
Its use.
(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.
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:
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.
A.
Approved certificate of appropriateness deemed positive
recommendation.
(1)
If a certificate of appropriateness has been
issued for an application that requires approval of the Planning Board
or the Zoning Board of Adjustment, the certificate of appropriateness
shall be deemed to be a positive recommendation to that body as to
the historic preservation aspects of the matter before that body.
(2)
The Planning Board or Zoning Board of Adjustment
may nevertheless grant or deny the application based on the entire
record before it, notwithstanding the certificate of appropriateness
as to the historic preservation aspects.
B.
Appeals relating to a certificate of appropriateness.
An appeal of the denial of a certificate of appropriateness may be
had as follows: If the Construction Code Official refuses to issue
a permit based on denial of a certificate of appropriateness, written
appeal shall be made with the Board of Adjustment within 10 days after
such denial.
[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.
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.
