[Amended by Ord. No. 13-1998]
A.
There is created in the City an agency to be known as the "Historic
Preservation Commission" ("Commission").
B.
The Commission will work with and advise the Land Use Board on the effect of development applications in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component of the Master Plan. The Commission shall also provide a written report to the Zoning Officer on each application for issuance of a permit pertaining to an historic site or property in any historic district on the application of Article VII of this chapter concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by the Land Use Board pursuant to the Municipal Land Use Law.
[Amended 10-20-2020 by Ord. No. 13-2020]
C.
This chapter does not require or prohibit any particular architectural
style; rather its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end, new construction
upon or near a landmark should not necessarily duplicate the exact
style of the landmark, however, it must be compatible with and not
detract from the landmark.
D.
The boundaries of any historic district are as established by the map attached to this chapter and made a part hereof. The location of each historic site situated outside of an historic district shall be as designated on the map attached and made a part of this chapter.
[Amended 12-11-2012 by Ord. No. 21-2012]
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the City's environment in order:
A.
To safeguard the heritage of the City by preserving resources which
reflect elements of its cultural, social, economic and architectural
history;
B.
To encourage the continued use of historic sites and to facilitate
their appropriate use;
C.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects or districts within the City;
D.
To stabilize and improve property values within the district and
foster civic pride;
E.
To promote appreciation of historic sites for the education, pleasure
and welfare of the population;
F.
To encourage beautification and private reinvestment;
G.
To prevent the demolition of historic resources;
H.
To recognize the importance of individual historic sites located
outside of a district by urging property owners and tenants to maintain
their properties in keeping with the requirements and standards of
this chapter;
I.
To encourage the proper maintenance and preservation of historic
settings and landscapes;
J.
To encourage appropriate alterations of historic sites;
K.
To enhance the visual and aesthetic character, diversity, continuity
and interest in the City;
L.
To promote the conservation of historic sites and districts and to
invite and encourage voluntary compliance.
The terms set forth hereinafter shall have the following meanings:
The construction of a new improvement as part of an existing
structure when such new improvement changes the exterior architectural
appearance of any historic site.
The Zoning Officer unless otherwise designated.
[Amended 10-20-2020 by Ord. No. 13-2020]
Any development activity which alters the exterior architectural
appearance of an historic site or any improvement within an historic
district.
Any work done on any improvement which:
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A document indicating permission or a permit to commence
work or activity on a structure located within the historic district
or a designated historic site.
Partial or total razing or destruction of any historic site
or of any improvement within an historic district.
The condition of being in need of repairs; a structure or
building in disrepair.
[Amended 12-11-2012 by Ord. No. 21-2012]
High Street Historic District (State and National Register)
HD1; City of Burlington Historic District HD2 (State and National
Register) CBHD; City of Burlington Municipal Historic District HD3.
One or more historic sites and intervening or surrounding property
constituting a geographically definable area significantly affecting
or affected by the quality and character of the historic site or sites.
Resources within an historic district shall be classified as either
key, contributing or noncontributing, which are defined as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for historic site status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
The agency which, for the purpose of this chapter, acts as
the Historic Preservation Commission pursuant to the Municipal Land
Use Law.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing determined
to be of historical, archeological, cultural, scenic or architectural
significance in accordance with the provisions of this chapter.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location or such
construction or installation for a period of not less than 120 continuous
days.
A thing of functional, aesthetic, cultural, historic or scientific
value that may be, by nature of design, movable yet related to a specific
setting or environment.
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
or damage. "Ordinary maintenance" shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials and having the same appearance.
To partially or completely cause a structure or portion of
a structure to change to another location, position, station or residence.
Any work done on any improvement which:
Repairs affecting (see above for definition of "affecting")
the exterior architectural appearance of a structure. New materials
(the same as which that were there before the work effort) being installed
on an existing building--structure that do not change the exterior
architectural appearance of an improvement may be considered a repair,
provided the project complies with Subsection B of the definition
of "repair."
[Amended 12-11-2012 by Ord. No. 21-2012]
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.
Uses permitted within an historic district or on an historic
site shall be the same as those permitted in the underlying zoning
district.
[Amended by Ord. No. 13-1998]
The maximum building height, minimum lot size, maximum coverage
and other land development regulations shall be as provided in this
chapter for the respective zones, except that the Land Use Board may
grant variances and waivers from such regulations where necessary
to preserve historic characteristics.
[Amended by Ord. No. 13-1998]
A.
Members. The Commission shall consist of seven regular members and
two alternate members.
(1)
The regular Class A member shall be a person who is knowledgeable
in building design and construction or architectural history. The
Class B member shall be a person who is knowledgeable or with a demonstrated
interest in local history. Although a person who is not a resident
of the City may serve as a Class A or Class B member, preference shall
be given to residents having a degree in architecture, history or
archaeology who satisfy the requirements of the National Historic
Preservation Act. The remaining five regular members shall be designated
as Class C. Class C members shall be citizens of the City who shall
hold no other municipal office, position or employment except for
membership on the Land Use Board and who shall have a demonstrated
interest, competence or knowledge in historic preservation. Alternate
members shall meet the qualifications of Class C members.
(2)
The Mayor shall appoint, with the approval of the Common Council,
all members of the Commission and shall designate at the time of appointment
the regular members by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2." The terms of the members first appointed
shall be so determined that to the greatest practicable extent the
expiration of the terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment,
and in the case of alternate members, evenly over the first two years
after their appointment, provided that the initial term of no regular
member shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of a regular member
shall be four years; and the term of an alternate member shall be
two years. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only. Notwithstanding any other
provision herein, the terms of any member common to the Commission
and the Land Use Board shall be for the term of membership on the
Land Use Board.
(3)
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. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
(4)
A member may, after public hearing if so requested by the member,
be removed by the Common Council for cause.
(5)
The Common Council shall annually designate a member to serve as
the liaison between the Common Council and the Commission.
B.
Officers; duties. The Commission shall annually elect a Chairperson
and Vice Chairperson from its members and select a Secretary who may
or may not be a member of the Commission or a municipal employee.
The Secretary shall keep written or recorded minutes of all proceedings.
The Secretary shall also keep a log of all decisions on applications
by designated lot, block and address, which log shall be maintained
as an official record of the City.
C.
Meetings; rules. The Commission shall meet at least once per month
at least two days prior to the regular Land Use Board meeting and
shall adopt rules and regulations of procedure to include the following:
(1)
That a quorum to conduct a meeting shall be at least four members
and that no less than three votes are necessary to take any formal
action.
(2)
That all meetings shall comply with N.J.S.A. 10:4-6 et seq. known
as the "Open Public Meetings Act."
(3)
Such other rules and regulations as the Commission may adopt to further
its purposes.
D.
Experts and staff; expenses and costs.
(1)
The Common Council shall make a provision in its budget and appropriate
funds for the expenses of the Commission.
(2)
The Commission may employ, contract for and fix the compensation
of experts and other staff and services as it shall deem necessary.
The Commission shall obtain its legal counsel from the City Solicitor
at the rate of compensation determined by the Common Council. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the Common Council for the Commission's
use.
E.
Responsibilities. The Commission shall have the responsibility to:
(1)
Review historical survey material and, if necessary, to update said
material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's integrity
or condition;
(2)
Advise and assist the Land Use Board during the preparation and/or
update of the historic preservation plan element of the Master Plan
and six-year capital improvement program;
(3)
Advise the Land Use Board on the inclusion of historic sites in the
recommended capital improvement program;
(4)
Advise the Land Use Board on applications for development;
(5)
Advise the Zoning Officer by written report concerning applications
for issuance of permits pertaining to historic sites or property in
any historic district on the application of the zoning provisions
of this chapter concerning historic preservation to any of those aspects
of the change proposed which aspects were not determined by approval
of an application for development pursuant to the Municipal Land Use
Law.
[Amended 10-20-2020 by Ord. No. 13-2020]
(6)
Report annually to the Land Use Board and to the Common Council as
to the state of historic preservation within the City, to include
recommendations and measures for improvement or amendment and to recommend
the placement of appropriate historical markers on designated structures
and sites;
(7)
Collect and disseminate materials on the importance of historical
preservation and techniques and make available such materials to interested
citizens and applicants and prepare and distribute an historic district
guideline handbook;
(8)
Collect and have available for reference or use by citizens or applicants
a source catalog, collection or library of historic architecture,
historic period designs, historic color and color schemes and other
such documentation and reference sources;
(9)
Advise any interested citizen, applicant, municipal, county or state
agency regarding the goals and techniques for historic preservation
as it relates to the preservation of the heritage of the City;
(10)
Advise the Land Use Board, upon request, as to any applications
before those bodies which are not within but which may substantially
affect any historic district or historic site;
(11)
Recommend adoption and promulgation of such regulations and
procedures, not inconsistent with this chapter, as may be necessary
and proper for the effective and efficient performance of the duties
and purposes of the Commission;
(12)
Carry out such advisory, educational and informational functions
as will promote historic preservation in the City and consult with
the City Historical Society, the Burlington County Historical Society
and the Historic Burlington Preservation Foundation on all matters
pertaining to the protection of the City's historic resources.
A.
In addition to the structures already identified as being within
the historic district, the Commission shall consider for historic
site or historic district designation any additional buildings, structures,
objects, sites, and districts within the City which merit historic
site or historic district designation and protection, possessing integrity
or location, design, setting, materials, workmanship of association
and being:
(1)
Of particular historic significance to the City by reflecting or
exemplifying the broad cultural, political, economic or social history
of the nation, state or community; or
(2)
Associated with historic personages important in national, state
or local history; or
(3)
The site of an historic event which had a significant effect on the
development of the nation, state or community; or
(4)
An embodiment of the distinctive characteristics of a type, period
or method of architecture or engineering; or
(5)
Representative of the work of an important builder, designer, artist
or architect; or
(6)
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
(7)
Able or likely to yield information important in prehistory or history.
B.
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional historic sites or historic districts recommended for designation. For each historic site, there shall be a brief description of the historic site and the significance pursuant to the criteria in Subsection A of this section, a description of its location and boundaries, and a map siting. Thereafter, the Commission shall refer any property recommended for designation to the Land Use Board.
C.
The Land Use Board shall within 35 days of receipt of the Commission's
recommendation consider each property for historic designation. Notice
shall be provided pursuant to N.J.S.A. 40:55D-13 of a hearing concerning
the Master Plan. In addition the Land Use Board shall:
(1)
Notify each owner that his property is being considered for historic
site designation and the reasons therefor;
(2)
Advise each owner of the significance and consequence of such designation,
and advise him of his opportunities and rights to challenge or contest
such a designation;
(3)
Notify each owner of the hearing. At least 10 days before such hearing,
a preliminary list and map showing each proposed additional historic
site shall be published, together with a notice of the hearing, in
an official newspaper of the City. At the hearing interested persons
shall be entitled to present their opinions, suggestions and objections
on the proposed recommendations for historic site designation. The
Land Use Board shall then prepare a concise report, including a list
and a map of its recommendations and shall adopt an appropriate resolution
setting forth each additional historic site to be designated in the
Master Plan. Notice of the adoption of the resolution shall be provided
by the Commission to the Municipal Clerk. Within 20 days of receipt
of the resolution by the Municipal Clerk, the Common Council shall
introduce an ordinance amending the zoning provisions to designate
each recommended historic site. The Common Council may disapprove
designating an historic site by a vote of a majority of its full authorized
membership.
D.
All historic sites and historic districts shall be based on identifications
in the historic preservation plan element of the Master Plan.
[Amended 6-14-2011 by Ord. No. 05-2011]
E.
Notwithstanding the above procedures, the Common Council may, at
any time, adopt, by affirmative vote of a majority of its authorized
membership, a zoning ordinance designating one or more historic sites
or historic districts that are not based on identifications in the
historic preservation plan element, the land use plan element or community
facilities plan element, provided the reasons for the action of the
governing body are set forth in a resolution and recorded in the minutes
of the governing body.
[Amended by Ord. No. 13-1998]
A.
Applications for development. The Land Use Board shall refer to the
Commission every application form and all accompanying documents required
by ordinance for approval of an application for development, i.e.,
subdivision plat, site plan, planned development, conditional use,
zoning variance or direction for the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 and 40:55D-36, submitted to the Board for development
in an historic zoning district or on an historic site 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.
B.
Permits. Except when review is expressly exempted pursuant to § 207-30, all applications pertaining to historic sites or property in historic districts shall be referred to the Commission by the Zoning Officer for a written report on the application of the zoning provisions of this chapter concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by the Land Use Board pursuant to the Municipal Land Use Law. The Commission, through its Secretary, shall report to the Zoning Officer within 45 days of his referral of the application to the Commission. If within the forty-five-day period the Commission recommends against the issuance of the permit or recommends conditions to the permit to be issued, the Zoning Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
[Amended 10-20-2020 by Ord. No. 13-2020]
C.
Review when an application for development or building permit is not required. In the event that the Zoning Officer shall determine that a building permit and/or application for development involving any development activity that would affect an historic district or historic site is not needed, then the property owner and/or tenant of the property on which the exterior changes, alterations or improvements are proposed to be made shall make application directly to the Commission for a certificate of appropriateness. The Commission shall hear such applications employing its procedures set forth in § 207-32 and the criteria set forth in § 207-33, and will render its findings in writing. The findings of the Commission, in such cases, shall be enforceable by the Zoning Officer.
[Amended 10-20-2020 by Ord. No. 13-2020]
[Amended 12-11-2012 by Ord. No. 21-2012; 6-11-2013 by Ord. No.
03-2013]
Review by the Commission is not required:
A.
Emergency repair to preserve continued habitability: when an historic
site requires immediate emergency repair to preserve the continued
habitability of the building and/or health and safety of its occupants
or others. Emergency repairs may be performed in accordance with existing
codes then in effect, without the necessity of first obtaining the
Commission's review. Under such circumstances, the repairs performed
shall only be such that are necessary to maintain the habitability
of the structure. A request for the Commission's review shall be made
as soon as possible and no additional work shall be performed upon
the structure until an appropriate request for approval is made and
obtained in accordance with the procedures set forth in this chapter;
B.
For changes to the interior of structures;
C.
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following activities do not
require Commission review or approval:
(1)
Repair or replacement of existing windows and doors, using the same
material. Installation of storm windows that are compatible with the
architectural period or design of the subject structure;
(2)
Maintenance, replacement and repair of existing roof material involving
no change in the design, scale, material or appearance of the structure;
(3)
Repair and replacement of existing roof structures, such as cupolas,
dormers and chimneys, using the same materials, which will not alter
the exterior architectural appearance of the structure;
(4)
Replacement in kind of existing shingles, clapboards, or other siding
maintaining the architectural integrity of the structure;
(5)
Maintenance, replacement and repair of existing shingles, clapboards
or other siding, using the same materials that are being repaired
or maintained;
(6)
Repairs and replacement to existing signs, shutters, outdoor displays,
fences, hedges, street furniture, awnings, off-street driveway and
parking materials and sidewalks, using the same material for those
items noted above being repaired;
(7)
Repairs and replacement of existing steps which will not alter the
exterior architectural appearance of the structure;
(8)
Garden accent features including but not limited to birdbaths; arbors
and pergolas that meet all of the following criteria:
(a)
Are not attached to the principal structure or any other structure;
(b)
Are constructed of a natural material (wood, metal, stone etc.);
(c)
Are in colors in keeping with the principal structure to which
it is subordinate;
(d)
Occupy an area 36 square feet or less, as measured around the
outer perimeter of the structure;
(e)
Do not exceed nine feet in height;
(f)
Are not enclosed in any way with roofing or wall material; and
(g)
Comply with the applicable accessory structure setback requirements
of the Zoning Ordinance.
[Amended by Ord. No. 13-1998]
A.
For all applications presented to the Land Use Board which affect
an historic site or an improvement within an historic district, the
property owner shall submit an application for a certificate of appropriateness
to the Land Use Board along with the request for the Board's approval.
Such an application shall pertain solely to the proposed site review
or zoning request.
[Amended 6-14-2011 by Ord. No. 05-2011]
B.
The Land Use Board will forward to the Commission a complete application
for development as well as the application for a certificate of appropriateness.
The Commission shall be allowed at least 14 days from the day it receives
a complete application to prepare its recommendations to the Land
Use Board. Should the Commission elect to make a recommendation, it
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.
C.
The Commission's recommendation shall focus on how the proposed undertaking would affect an historic site or architectural significance. In considering the Commission's recommendations, the Land Use Board shall be guided by the review criteria established in § 207-33 of this chapter.
[Amended 12-11-2012 by Ord. No. 21-2012]
A.
Prior to undertaking any action affecting the exterior architectural
appearance of an historic site or an improvement within an historic
district, the property owner shall complete and submit to the Zoning
Officer and Commission Secretary an application for a certificate
of appropriateness. This includes, but is not limited to, permits
for new construction, demolition, alterations, additions or replacements
affecting the exterior architectural appearance of an historic site
or an improvement within an historic district.
[Amended 10-20-2020 by Ord. No. 13-2020]
B.
The Commission's Secretary shall review the application for technical
completeness. Any application found to be incomplete shall be returned
to the property owner within 10 days of receipt of the application.
C.
When an application is found to be technically complete, the Commission's
Secretary shall schedule the application to be reviewed at the Commission's
next regularly scheduled meeting. The property owner shall be notified
of the meeting date and shall be allowed an opportunity to speak at
the meeting. The Commission shall inform the property owner and the
Zoning Officer of its decision by written resolution setting forth
its findings and conclusions no later than 45 days from the day the
application shall have been deemed complete.
[Amended 10-20-2020 by Ord. No. 13-2020]
[Amended by Ord. No. 13-1998]
In reviewing an application for its effect on a building, improvement
or structure within the historic district or classified as an historic
site, the following criteria shall be used by the Commission and the
Land Use Board. The criteria set forth in Subsection A of this section
relate to all projects affecting an historic site or an improvement
within an historic district. The criteria set forth in Subsections
B through D of this section relate to specific types of undertakings
and shall be used in addition to the general criteria set forth in
Subsection A of this section.
A.
In regard to all applications affecting an historic site or an improvement
within an historic district, the following factors shall be considered:
(1)
The impact of the proposed change on the historic and architectural
significance of the site or the historic district;
(2)
The site's importance to the City and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest;
(3)
The use of any structure involved;
(4)
The extent to which the proposed action would adversely affect the
public's view of an historic site within an historic district from
a public street;
(5)
If the application deals with a structure within an historic district,
the impact the proposed change would have on the district's architectural
or historic significance 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
this section.
B.
In regard to an application for new construction or replacements
affecting an historic site or an improvement within an historic district,
the following factors shall be considered:
(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 elevations 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 windows to the height of windows in a building shall be visually
compatible with the buildings and places to which it is visually related.
(4)
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
(5)
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
(6)
Rhythm of entrances. The relationship of entrances and porches to
the street shall be visually compatible to the buildings and places
to which it is visually related.
(7)
Relationship of materials. The relationship of materials, texture
and color of the facade and roof of a building shall be visually compatible
with the predominant materials used in buildings to which it is visually
related.
(8)
Roof. The roof shape of a building shall be visually compatible with
the buildings to which it is visually related.
(9)
Continuity of walls. Appurtenances of a building such as walls, open
fencing, evergreens, landscaping and so forth 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 buildings. The size of a building, mass of a building
in relation to open spaces, the windows and door openings, porches
and balconies shall be visually compatible with the buildings and
places to which it is visually related.
(11)
Directional expression. 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)
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. New signage shall also
abide by any supplemental historic design graphic standards that may
be developed by the Commission for the district.
C.
In regard to an application for alterations and/or additions affecting
an historic site or an improvement within an historic district, the
following factors shall be considered:
[Amended 12-11-2012 by Ord. No. 21-2012]
(1)
Design
and materials. The proposed design and materials will conform to the
building's original architectural style. Materials are to be of a
quality and nature which is consistent with the surrounding materials
and consistent with the goal of preserving the essential form, style
and integrity of the historic character of the structure.
[Amended 10-20-2020 by Ord. No. 13-2020]
(2)
Original
qualities. 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 shall be avoided, wherever possible.
[Amended 10-20-2020 by Ord. No. 13-2020]
(3)
Acquired
significance. Changes that 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.
(4)
Repair
versus replacement. Deteriorated architectural features (e.g., windows,
doors, shutters, trim, siding, etc.) should be repaired rather than
replaced, wherever feasible using the Secretary of the Interior's
Standards for Rehabilitation. In the event replacement is necessary,
the new material should match the material being replaced in design,
color, texture and other visual qualities, including composition,
where possible and within the discretion of the Commission. Repair
or replacement of missing architectural features should be based on
accurate duplications of features substantiated by historic, physical
or pictorial evidence rather than conjectural designs or the availability
of different architectural elements from other buildings or structures.
[Amended 10-20-2020 by Ord. No. 13-2020]
(5)
Design
of alterations. Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historic, architectural or
cultural material and such design is compatible with the size, scale,
color, material and character of the property, neighborhood or environment.
(6)
Character
of alterations. Wherever possible, new additions and alterations to
structures shall be performed 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.
[Amended 10-20-2020 by Ord. No. 13-2020]
(7)
Synthetic
siding. Synthetic siding is generally not acceptable on key buildings.
In the New Jersey and Nationally Registered Historic Districts, metal,
vinyl, or other alternative material siding may be used to resurface
facades that do not front a public right-of-way on contributing buildings
that were originally wood-sided if the substitute siding is similar
in design, width and texture to the original clapboard and will not
endanger the physical condition and structural life of the building.
Architectural trim must be retained. In the City of Burlington Municipal
Historic District metal, vinyl, or other alternative material siding
may be used to resurface facades on all elevations of contributing
and noncontributing buildings provided the style and configuration
does not adversely impact the district. Architectural trim should
be retained.
(8)
Window
and door openings.
(a)
The number, size and locations of original window and door openings
shall in general be retained. Window and door openings shall not be
reduced to fit stock material. New window and door openings should
not be added on elevations that are subject to view from a public
street unless the change will not adversely affect the historic district.
(b)
Vinyl, vinyl-clad, aluminum, aluminum-clad windows and doors are
generally not acceptable on key buildings. In the New Jersey and Nationally
Registered Historic Districts non-wood-surfaced window frames and
doors may be used on side and rear building elevations that do not
front a public right-of-way on contributing buildings that were originally
wood windows and doors when the substitute windows and doors are similar
in design, width and texture to the original wood windows or doors
and will not endanger the physical condition and structural life of
the building. Architectural trim and adornments must be retained.
In the City of Burlington Municipal Historic District non-wood-surfaced
window frames and doors are acceptable on all elevations of contributing
and noncontributing buildings provided the style and configuration
does not adversely impact the district.
D.
In regard to an application to demolish an historic site or any improvement
within an historic district, the following matters shall be considered:
(1)
Its historic, architectural, cultural or scenic significance.
(2)
If it is within an historic district, the significance of the structure
in relation to the historic character of the district and the probable
impact of its removal on the district.
(3)
Its potential for use for those purposes currently permitted by the Article VII of this chapter.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
Its importance to the City and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(6)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(7)
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 City an attractive
and desirable place in which to live.
(8)
If it is within an historic district, the probable impact of its
removal upon the ambience of the historic district.
E.
In regard to an application to move any historic site, or to move
any structure within an historic district, the following matters shall
be considered:
(1)
The historic loss to the site of original location and the historic
district as a whole.
(2)
The reasons for not retaining the building improvement or structure
at its present location.
(3)
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this chapter.
(4)
The probability of significant damage to the historic site.
(5)
If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection B of this section.
(6)
If it is to be removed from the City, the proximity of the proposed
new location to the City, including the accessibility to the residents
of the City and other citizens.
[Amended by Ord. No. 13-1998; 12-11-2012 by Ord. No. 21-2012]
A.
Applicants seeking to undertake any project or action concerning an historical site or improvement in an historic district must initially seek an advisory opinion from the Historic Preservation Commission pursuant to § 207-29 of this chapter. The Commission's advisory opinion shall be memorialized in a certificate of appropriateness to be submitted to the Zoning Officer for a final determination. The Zoning Officer will be responsible for making a final decision on the proposed project or action. Because the Commission's opinion is advisory is nature, it is a recommendation that the Zoning Officer is not legally obligated to follow.
[Amended 10-20-2020 by Ord. No. 13-2020]
B.
Approval
by the Zoning Officer shall be deemed to be final approval pursuant
to this chapter. Such approval is independent of any other authorization
concerning the historic site or improvement in an historic district
and will have no impact on the filing of any collateral application
required by any other municipal ordinance.
[Amended 10-20-2020 by Ord. No. 13-2020]
C.
Denial
of an application or of a building permit shall completely bar the
applicant from undertaking the activity which was the subject of the
denied application.
D.
In the
event an applicant wishes to appeal a determination made by the Zoning
Officer, the appeal will be heard by the Land Use Board pursuant to
N.J.S.A. 40:55D-70(a). The appeals process will be guided by N.J.S.A.
40:55D-69 et seq. If the Land Use Board determines that an error was
made by the Zoning Officer as to any aspect of the decision, the Land
Use Board may reverse or affirm, wholly or in part, or may modify
the action, order, requirement, decision, interpretation or determination
appealed from and to that end have all the powers of the administrative
officer from whom the appeal is taken, as directed by N.J.S.A. 40:55D-74.
[Amended 10-20-2020 by Ord. No. 13-2020]
A.
Any person, including the owner of the property, contractors, and
those acting at the request or by the authority of the owner and/or
contractor, who shall undertake an activity which would cause a change
in the exterior architectural appearance of any improvement within
an historic district or of any historic site by addition, alteration
or replacement without obtaining a certificate of appropriateness,
shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Director of Housing and Community
Development, or the Zoning Officer (if so designated by the Director
of Housing and Community Development), shall cause to be served personally
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 historic site or improvement
to the condition it was in prior to the violation occurring. If the
owner cannot be personally served within the City with the 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 City tax rolls.
[Amended 10-20-2020 by Ord. No. 13-2020]
C.
In the event that the violation is not abated within 10 days of service
or posting on the site, whichever is earlier, the Director of Housing
and Community Development, or the Zoning Officer (if so designated),
shall cause to be issued a summons and complaint, returnable in the
Municipal Court, charging violation of this chapter and specifying
the wrongful conduct of the violator. Each separate day the violation
exists shall be deemed to be a new and separate violation of this
chapter.
[Amended 10-20-2020 by Ord. No. 13-2020]
E.
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic site by addition, alteration or replacement without first having obtained approval of the site, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the site affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Director of Housing and Community Development is 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 of this section. Such injunctive relief shall be in addition to the penalties authorized under Subsection D of this section.
F.
In the event that any action which would permanently affect an historic
site or historic district, or demolition is about to occur, without
a certificate of appropriateness having been issued, the Director
of Housing and Community Development is empowered to apply to the
Superior Court of New Jersey for injunctive relief as is necessary
to prevent such actions.
G.
In the absence of the Director of Housing and Community Development,
the Business Administrator or his/her designee shall be authorized
to perform all of the aforementioned duties.
[Amended 10-20-2020 by Ord. No. 13-2020]
