The historic preservation regulations of this
article are intended to:
A. Safeguard the heritage of the City of Salem by preserving
resources within the City which reflect elements of its cultural,
social, economic, archaeological and architectural history;
B. Encourage the continued use of historic properties
and facilitate their appropriate use;
C. Maintain and develop an appropriate and harmonious
setting for the historic and architecturally significant buildings,
structures, sites, objects or districts within the City;
D. Stabilize and improve property values within the City
of Salem and foster civic pride in properties and therein;
E. Promote appreciation of historic properties for education,
pleasure and the welfare of the local population;
F. Encourage beautification and private reinvestment;
G. Manage change by preventing alteration or new construction
not in keeping with historic preservation;
H. Discourage the unnecessary demolition of historic
resources;
I. Encourage the proper maintenance and preservation
of historic properties, settings and landscapes;
J. Encourage appropriate alteration of historic properties;
K. Enhance the visual and aesthetic character, diversity,
continuity and interest in the City;
L. Promote the conservation of historic properties, sites
and areas and invite and encourage voluntary compliance;
M. Not require or prohibit any particular architectural
style but rather preserve the past by making the past compatible with
and relevant to the present; and
N. Assure the continued useful life of designated landmarks
within the City of Salem by declaring that maintenance is a high City
priority.
ADDITION — An extension or increase
in a building's size, floor area or height.
ALTERATION
Any change in the exterior appearance of a structure, which
includes additions, removals or replacements.
APPLICANT
Any private or public person, persons, or any representative
or any private entity, private organization, association, or public
agency with legal authority to make an alteration, addition, improvement,
renovation, repair or demolition of a structure.
APPLICATION FOR DEVELOPMENT
Application to the Planning Board of the City for approval
of a major or minor subdivision plot or site plan, planned development,
conditional use or zoning variance, or an application for the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any building or other structure, or of any mining excavation or
landfill, or for any use or change in the use of any building or other
structure, or of any parcel of land, for which permission may be required
pursuant to the Municipal Land Use Law.
BUILDING
A structure designed for habitation, shelter, storage, trade,
manufacture, religion, business, education and the like, enclosing
a space within its walls and usually, but not necessarily, covered
with a roof, including, but not limited to, house, barn, warehouse,
store, factory, church, hotel or school.
CONSERVATION DISTRICT
A geographically defined area that is recognized for its
design integrity, is not yet historic, but deserves some limited regulation
of exterior building changes.
CONTRIBUTING
Adding to the historic architectural qualities, historic
associations, or archaeological values for which a landmark is significant
because it:
A.
Was present during the period of significance
and possesses historic integrity reflecting its character at that
time or is capable of yielding important early information about the
period; or
B.
Independently meets the criteria for historic
designation.
DEMOLITION
Partial or total razing, dismantling or destruction, whether
entirely or in significant part, of any building, structure, object
or site. Demolition includes the removal of a building structure or
object from its site or the removal or destruction of the facade or
surface.
DEMOLITION BY NEGLECT
The deferment of maintenance of or within any designated
landmark resulting in any one or more of the following as determined
by the Department of Inspections:
A.
Deterioration where the cost of correcting the outstanding code violations of the property and implementing the standards set forth in §
163-1 et seq. of the City Code exceeds 25% of the cost of replacing the entire improvement
on which the violations occur.
B.
Deterioration to the extent that it creates
or permits a hazardous or unsafe condition.
C.
Deterioration to a building(s) characterized
by one or more of the following:
(1)
Those buildings which have parts thereof which
are so attached that they may fall and injure members of the public
or property.
(2)
Deteriorated floor supports or floor supports
which are insufficient to carry imposed loads with safety.
(3)
Members of walls or other vertical supports
that split, lean, list, or buckle due to defective material or deterioration.
(4)
Members of walls or other vertical supports
which are insufficient to carry imposed loads with safety.
(5)
Members of ceilings, roofs, ceilings and roof
supports or other horizontal members that sag, split, or buckle due
to defective material or deterioration.
(6)
Members of ceilings, roofs, ceiling and roof
supports or other horizontal members which are insufficient to carry
imposed loads with safety.
(7)
Fireplaces or chimneys which list, bulge, or
settle due to defective material or deterioration.
(8)
Any fault, defect or condition in the building
that renders the same structurally unsafe or not properly watertight.
D.
Action by the City or Fire Marshal relative
to the safety or physical condition of any designated landmark.
DESIGNATED LANDMARK
A landmark that is designated to the City Register of Historic
Landmarks and subject to Historic Preservation Commission review authority.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation of landfill; and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to the Municipal
Land Use Law.
DISTRICT
A significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development.
FABRIC
Building materials and parts, such as brick, stone, wood,
glass, clapboards, stucco, window sashes, decorative woodwork, floorboards,
trim and moldings, doors, hardware, plaster, and the like.
HISTORIC
At an age of 50 years or greater. A property can be significant
without meeting this criterion.
HISTORIC CONTEXT
A pattern or trend in history by which a specific occurrence,
property or site is understood and its meaning (and ultimately its
significance) within history or prehistory is made clear.
HISTORIC DISTRICT
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
or objects that has been designated by ordinance.
HISTORIC INTEGRITY
The ability of a property to convey its significance. Location,
design, setting, materials, workmanship, feeling and association are
the aspects of historic integrity.
HISTORIC PRESERVATION COMMISSION (HPC)
The body which, for the purposes of the Ordinance acts as
the Historic Preservation Commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
HISTORIC SIGNIFICANCE
The importance of a property to the history, architecture,
archaeology, engineering, or culture of a community. Significance
is achieved by association with events, activities, patterns, persons,
physical design, construction or form or potential to yield important
information.
IMPROVEMENT
A building or other structure or any work constituting a
man-made alteration of, or addition to, any site.
INVENTORY
A list of properties determined as meeting the historic significance
criteria.
KEY
Contributing, but of especially outstanding historic significance.
LANDMARK
A building, structure, site, district, streetscape, or object
having historic significance which is identified in the Master Plan
or subsequent inventory.
MASTER PLAN
The Master Plan of the City of Salem, as amended from time
to time compiled pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) as amended from time to time.
NATIONAL REGISTER OF HISTORIC PLACES
The official list of New Jersey's historic resources of local,
state and national interest as created by the New Jersey Register
of Historic Places Act of 1970 (N.J.S.A. 13:1B-15.128 et seq.). It
is closely modeled after the National Register program, having the
same criteria for eligibility, nomination forms and review process.
NEW JERSEY REGISTRAR OF HISTORIC PLACES
The official list of New Jersey's historic resources of local,
state, and national interest as created by the New Jersey Registrar
of Historic Places Act of 1970 (N.J.S.A. 13:1B-15.128 et seq.). It
is closely modeled after the National Register program having the
same criteria for eligibility, nomination forms, and review process.
NONCONTRIBUTING
Not adding to the historic architectural qualities, historic
associations, or archaeological values for which a property is significant
because it:
A.
Was not present during the period of significance;
or
B.
No longer possesses historic integrity reflecting
its character at that time or is not capable of yielding important
information about the period due to alterations, disturbances, additions,
or other changes.
NONORDINARY REPAIR
Repairs that are necessary to protect the health and safety
of the occupants, the general public and/or to maintain the habitability
of the structure as determined by the City Department of Inspections.
OBJECT
A construction primarily artistic in nature or small in scale
and simply constructed. An object is associated with its setting and
can include statuary, monuments, mileposts, boundary markers, sculpture
and fountains.
ORDINANCE MAINTENANCE
The act of repairing any deterioration, wear or damage to
a structure, or any part thereof, in order to return the same as nearly
practicable to its condition prior to the occurrence of such deterioration,
wear, damage and includes replacement of exterior elements or accessory
hardware, including signs, using the same materials and having the
same appearance.
ORDINANCE MAINTENANCE FAILURE
Deterioration to the point that, in the opinion of the Department of Inspections office, the cost of correcting the outstanding violations of the property and implementing the standards set forth in §
163-1 et seq. of the City Code exceeds 15% of the cost of replacing the entire improvement
on which the violations occur.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features, rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
RECONSTRUCTION
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, landscape,
building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
REHABILITATION
The act or process of making possible a compatible use for
a property through repair, alterations and additions while preserving
those portions or features which convey its historical, cultural or
architectural values.
REPAIR
Any work done on any improvement which:
A.
Is not an addition to the improvement; and
B.
Does not change the exterior architectural appearance
of any improvement.
REPLACEMENT
The act or process of replicating a feature that is used
to substitute for an existing and deteriorated or extensively damaged
architectural feature.
RESTORATION
The act or process of accurately depicting the form, features
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
SITE
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself possesses historic,
cultural or archaeological value regardless of the value of any existing
structure.
STABILIZATION
The process of applying measures designed to reestablish
a weather-resistant enclosure and structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
STREETSCAPE
The elements in the view from a public right-of-way, including
buildings, the roadway itself, curbs, sidewalks, fences, streetlights,
signs and vegetation.
This historic preservation classification shall
be in addition to the zoning classification heretofore made for the
areas designated as historic landmarks, and the use and area limitations
and regulations pertaining to said zoning classification shall apply.
The Historic Preservation Commission shall have
the responsibility to:
A. Prepare and update surveys of historic sites of the
City in a manner compatible with the statewide historic sites inventory
and statewide comprehensive historic preservation planning process
utilizing State Historic Preservation Office survey forms.
B. Make recommendations to the Planning Board on the
historic preservation plan element of the Master Plan and on the implications
for preservation of historic sites of any other Master Plan elements.
C. Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program.
D. Advise the Planning Board on applications for development pursuant to §
130-76 of this article.
E. Provide written reports pursuant to §
130-76.1 of this article on the application of the zoning ordinance provisions concerning historic preservation.
F. Make recommendations to the Council regarding the
expansion of existing historic districts and/or the designation of
new landmarks.
G. Carry out such other advisory, education and informational
functions as will promote historic preservation in the City.
H. Render a written annual report to the Council, with
a copy of the same to be provided to the Planning Board. The report
shall summarize the applications and reports in response thereto rendered
by the Commission and/or its Chairman for the preceding calendar year
and set forth any comments, recommendations, or changes recommended
by the Commission in relation to the policy and/or procedures contained
in this or otherwise in furtherance of historic preservation in the
City. The report shall, to the extent available, follow the format
of, and include the information required in, the annual report required
to be submitted to the State Historic Preservation Office by Certified
Local Governments. The report shall be delivered to the City Clerk
on or before the first Monday in January of each year, and the information
contained therein shall relate to the period from January 1 of the
preceding calendar year to December 31 of the year in which the report
is being rendered.
I. Adopt and promulgate such rules of procedure not inconsistent
with this article as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
The Planning Board shall refer to the Historic
Preservation Commission every application for development submitted
to the Planning Board for development affecting landmarks designated
on the Zoning or Official Map 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 the application as required
shall not invalidate any hearing or proceeding. This Historic Preservation
Commission may provide its advice, 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. An applicant before the Planning Board on
an application for development may simultaneously therewith apply
to the Planning Board for any HP permit which would be required for
the project under consideration.