The purpose of this chapter is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners
in achieving preservation of historic resources and to advance the
following public purposes:
A. To preserve and protect historic, cultural, archaeological, and aesthetic
resources for the general welfare of the public;
B. To identify, designate, and guide historic districts and historic
sites to preserve their historic, architectural, cultural, archaeological,
and aesthetic significance;
C. To preserve and enhance the environmental quality of neighborhoods;
D. To foster economic development, manage growth and promote and maintain
property values:
E. To foster community pride in the beauty and accomplishments of the
Borough's past.
F. Encourage and support historically appropriate alteration and improvements.
As used in this chapter, the following terms shall have the
meanings indicated:
ADDITION
An extension or increase in building size, floor area or
height.
ALTERATION
Any work done on a designated structure or in a district
which changes its exterior appearance, excepting paint color.
CERTIFICATE OF APPROPRIATENESS
A document issued by the Historic Preservation Commission
demonstrating its review of any alteration, addition to or demolition
of a designated historic site, or to a property within an historic
district. Such review is based upon the application and representations
of the applicant and the approved plans presented for the preservation,
restoration, rehabilitation or alteration of an existing property,
or the demolition, addition, removal, repair or remodeling of any
feature on an existing building within the historic district, or for
any new construction within the historic district.
CONTRIBUTING
Building, site, structure or object that adds to the historic
architectural qualities, historic associations or archaeological values
for which the property or district is significant because it was present
during the period of significance or possesses historic integrity
or yields important information about a significant period.
DEMOLITION
The partial or total razing, dismantling or destruction of
any historic site or any improvement within an historic district.
HISTORIC DISTRICT
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites, as specifically designated herein.
HISTORIC RESOURCE
Any historic district, site, building, structure, or object
included in, or eligible for inclusion in, the local listing (of historic
places); such term includes artifacts, records, and remains which
are related to such a district, site, building, structure, or object.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archaeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein or any property
which is located in an historic district. The designation of an historic
site or landmark shall be deemed to include the Tax Map lot on which
it is located as well as the right-of-way contiguous thereto.
HISTORIC STRUCTURE
Any structure situated on property included in the historic
designation list of the Borough of Pennington as adopted herein as
it may be amended.
IMPROVEMENT
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
IN-KIND
Replacement elements which match type and texture of original
or existing elements.
INTEGRITY
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively convey its significance.
INVENTORY
A list of historic properties determined to meet criteria
of significance specified herein.
MINOR WORK APPLICATION
Any application for a certificate of appropriateness which:
A.
Does not involve demolition, relocation or removal of an historic
site;
B.
Does not involve an addition to a property in an historic district
or new construction in an historic district;
C.
Is a request for approval of doors, windows, exterior sheathing
or other work visible from the street which will comply with the adopted
design guidelines for the improvement proposed where a specific guideline
applies and which will not substantially affect the characteristics
of the historic site or the historic district.
D.
Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection
C of this definition, above.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
NONCONTRIBUTING BUILDINGS
Building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant because it was not present
during the period of significance; due to alterations, disturbances,
additions or other changes it no longer possesses historic integrity
reflecting its character at that time or is incapable of yielding
important information about the period; or it does not independently
meet the National Register criteria.
ORDINARY MAINTENANCE
Repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, wear,
or damage using the same materials and workmanship and having the
same appearance.
PRESERVATION
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
PROTECTION
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
RECONSTRUCTION
The act or process of reproducing by new construction the
exact form and detail of a vanished or nonsurviving building, structure
or object, or any part thereof, as it appeared at a specific period
of time when documentary and physical evidence is available to permit
accurate reconstruction.
REHABILITATION
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
REPAIR
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such repairs must be done with materials and workmanship
of the same quality.
RESTORATION
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
SURVEY
A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
There is hereby established the Historic Preservation Commission.
A. Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
(1) To identify, record and maintain a survey of all buildings, sites,
objects, improvements and districts of historical significance within
the Borough.
(2) To recommend to the Borough Council the designation of buildings,
structures, sites, objects or improvements as historic landmarks,
and to recommend the designation of historic districts.
(3) To monitor and recommend to the Borough Council any buildings, structures,
sites, objects or districts for inclusion in the New Jersey or National
Register of Historic Places.
(4) To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic landmarks and historic districts of any other Master Plan
elements. The Commission may provide information to the Planning Board
indicating the location and significance of historic landmarks and
historic districts, and identify the standards used to assess worthiness
for historic landmark of historic district designation.
(5) To advise the Planning Board on applications for development pursuant
to N.J.S.A. 40:55D-110.
(6) To provide written reports pursuant to N.J.S.A. 40:55D-111 on the
application of the Zoning Ordinance provisions concerning historic
preservation.
(7) To review and render determinations regarding applications for certificates
of appropriateness as set forth in this chapter.
(8) To monitor and recommend to the Borough Council the submission of
any grants related to historic preservation.
(9) To carry out such other advisory, educational and informational functions
as will promote historic preservation in the Borough.
B. Membership; appointment.
[Amended 6-4-2012 by Ord.
No. 2012-7]
(1) The Commission shall consist of seven regular members and two alternate
members who shall be appointed by the Mayor with the advice and consent
of the Borough Council. Members shall serve without compensation.
At the time of appointment, members shall be designated by class as
provided further below.
(2) The Commission shall consist of at least one member of each of the
following classes:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
(b)
Class B: a person who is knowledgeable, or with a demonstrated
interest, in local history and who may reside outside the municipality.
(3) Of
the regular members, a total of at least one less than a majority
shall be of Classes A and B.
(4) Those
regular members who are not designated as Class A or B shall be designated
as Class C. Class C members shall be citizens of the municipality
who shall hold no other municipal office, position or employment except
for membership on the Planning Board.
(5) At
least one regular member of the Commission shall be a homeowner within
the Historic District, and one member shall be a person who owns a
business or commercial property located in the Borough, provided the
member otherwise qualifies as a Class A, B or C member.
(6) Alternate members shall meet the qualifications of Class C members.
At the time of appointment, alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2."
C. Terms.
(1) The terms for the members of the Historic Preservation Commission
first appointed by Borough Council shall be as follows:
(a)
One member appointed for a one-year term.
(b)
Two members appointed for a two-year term.
(c)
Two members appointed for a three-year term.
(d)
Two members appointed for four-year terms.
(e)
Thereafter, the term of each regular member shall be for four
years.
(2) All terms shall begin on January 1 of the year in which the appointment
is made.
(3) Notwithstanding any other provision herein, the term of any member
common to the Historic Preservation Commission and the Planning Board
shall be for the term of membership on the Planning Board.
(4) A vacancy occurring otherwise than by expiration of term shall be
filled within 60 days for the unexpired term only.
D. Alternates.
(1) The alternate members may participate in all Commission discussions
during 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.
(2) Alternate members shall serve for terms of two years; provided, however,
that the initial terms of the two such alternate members shall be
one and two years, respectively.
E. Council liaison. A member of the Borough Council shall be designated
as a liaison between the Historic Preservation Commission and the
Borough Council. The role of such liaison person shall be informational
only, and such person shall possess no voting rights with regard to
any action taken by the Commission.
F. Officers. Annually, the Commission shall elect a Chair and Vice Chair
from its members and select a recording secretary who may or may not
be a member of the Commission or a municipal employee.
G. Recordkeeping and procedures.
(1) In order to make available to the public information useful to the
preservation and protection of historic districts and sites and to
provide the basis for consistency of policy, the Commission shall
maintain complete files and records. The Commission's files shall
include but are not limited to data used in the classification of
buildings, places and structures, minutes of Commission meetings,
applications for certificates of appropriateness along with collateral
data, decisions and appeals associated therewith and information,
materials and references submitted to the public related to historic
preservation. A record of Commission proceedings shall be kept and
made available, but a formal verbatim record shall not be required.
(2) The Commission Secretary shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and applications. All meetings
shall be noticed and conducted in accordance with the Open Public
Meetings Act. Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the Borough Clerk.
(3) Copies of records shall be made available to municipal bodies, agencies,
and officials for their use. When the Planning Board refers an application
to the Historic Preservation Commission, then the referring Board
shall receive a copy of the Commission's report.
(4) The construction office shall maintain and display an up-to-date
map showing the Historic District, as well as a current listing of
historic sites.
H. Conflict of interest. No member of the Commission shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Unless a member resides or owns
property within 100 feet of property which is the subject of an application,
mere ownership or residence in a designated historic district and/or
ownership of a designated historic site or a nondesignated site shall
not be deemed a personal or financial interest.
I. Removal. A member of the Commission may, after a public hearing,
if requested, be removed by the governing body for cause.
J. Meetings; quorum.
(1) The Historic Preservation Commission shall establish and post in
Borough Hall a regular schedule of a minimum of one meeting per month.
Regular meetings shall be held as scheduled unless canceled for lack
of applications to process. Additional special meetings may be called
by the Chair or Vice Chair, or on the request of any two of its members,
when the regular meetings are inadequate to meet the needs of its
business, to handle emergencies or to meet time constraints imposed
by law.
(2) The Historic Preservation Commission shall hold public hearings to
review all applications for permits, referrals of development applications
and other business which comes before the Commission.
(3) The presence of five members, which may include alternate members
filling the vacancies of regular members, shall constitute a quorum.
Liaison person(s) are not entitled to vote and shall not be counted
towards achieving a quorum. A majority vote of those present and voting
shall prevail, and shall be sufficient to grant or deny a certificate
of appropriateness. Not less than a majority of the appointed membership
shall be required to grant or change an historic landmark or historic
district designation or to grant approval for demolition.
Persons considering action that requires a certificate of appropriateness
are encouraged, but not required, to attend an informal informational
meeting with the Commission prior to submitting a formal application
for a certificate of appropriateness or for a determination of nonnecessity.
The Commission shall hold such informational meetings as part of any
regularly scheduled meeting of the Commission. The purpose of an informational
meeting is to review the design issues and standards of appropriateness
and the procedures for obtaining a certificate of appropriateness
or a determination of nonnecessity.
Appeals from determinations of the Construction Official pursuant
to the Historic Preservation Commission's decision may be made by
the applicant to the Planning Board, according to N.J.S.A. 40:55D-70a.
Nothing herein shall be deemed to limit the right of judicial review
of the action after an appeal is concluded by the Planning Board.
The appellant shall pay all costs for copies of any transcript(s)
required for appeal. If, in the case of an appeal made pursuant to
this section, the Planning Board determines there is an error in any
order, requirement, decision or refusal made by the Construction Official
pursuant to a determination rendered by the Historic Preservation
Commission, the Planning Board shall, in writing, include the reasons
for its determination in the findings of its decision thereon.
If the literal enforcement of one or more provisions of this
chapter is impracticable or will exact undue hardship to the applicant,
the Commission shall be empowered to grant such exceptions as may
be reasonable within the general purpose and intent of this chapter.
The requirements of this chapter shall be considered to be in
addition to and in no case shall they be interpreted as a substitute
for any other approval, permit or other action otherwise required.
Following a period of three consecutive years after adoption
of this chapter, the Borough Council shall review the procedural and
substantive outcomes of this chapter with particular attention to
the decisions of the Historic Preservation Commission affecting exterior
alterations. To assist in this review, the Commission shall prepare
annual reports on the disposition of all requests and applications
which come before it. Annual reports shall be submitted to the Council
by January 31 of the subsequent year.