[HISTORY: Adopted by the Borough Council of the Borough of
Pennington 5-2-2011 by Ord. No. 2011-8. Amendments noted where applicable.]
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:
An extension or increase in building size, floor area or
height.
Any work done on a designated structure or in a district
which changes its exterior appearance, excepting paint color.
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.
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.
The partial or total razing, dismantling or destruction of
any historic site or any improvement within an 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.
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.
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.
Any structure situated on property included in the historic
designation list of the Borough of Pennington as adopted herein as
it may be amended.
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.
Replacement elements which match type and texture of original
or existing elements.
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.
A list of historic properties determined to meet criteria
of significance specified herein.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic
site;
Does not involve an addition to a property in an historic district
or new construction in an historic district;
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.
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.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
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.
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.
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.
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.
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.
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.
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.
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.
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 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:
(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:
(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.[1] Copies of all minutes shall be maintained in the office
of the Commission and shall be delivered promptly to the Borough Clerk.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(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.
A.
Survey. The Commission shall maintain a comprehensive survey of the
Borough of Pennington to identify historic districts and landmarks
which are worthy of protection and preservation.
B.
Criteria for designation. The criteria for evaluating and designating
historic districts and sites shall be guided by the National Register
criteria. The Commission or any person may recommend designation of
historic landmarks or historic districts that are in accordance with
the National Register criteria or that possess one or more of the
following attributes:
(1)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the Borough, state or nation;
(2)
Association with events that have made a significant contribution
to the broad patterns of our history; or
(3)
Association with the lives of persons significant in our past; or
(4)
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
(5)
Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the Borough, state or nation; or
(6)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
(7)
Unique location or singular physical characteristics that make a
district or landmark an established or familiar visual feature; or
(8)
Significant concentration of historic resources which share elements
of historic architecture or history.
C.
Procedures for designation.
(1)
Interested parties shall contact the Commission regarding consideration
of a proposed historic site or district. The Commission may also initiate
the designation of an historic site or district. The Commission will
schedule a hearing to review the proposed historic site or district.
(2)
The formal historic district nomination shall include a building-by-building
inventory of all properties within the district; color and/or black-and-white
photographs of all properties within the district; a property map
of the district showing boundaries; and a physical description and
statement of significance which address the criteria for designation
set forth herein. The formal historic site nomination shall include
a color and/or black-and-white photograph, a tax map of the property
and a physical description and statement of significance which address
the criteria for designation set forth herein.
(3)
Upon review and approval of the proposed site or historic district
by the Historic Preservation Commission, and after hearing the comments
of the public, if any, the Commission shall forward the proposed site
or district nomination to the Planning Board for consideration. Notification
shall be by public notice in the official paper and by prominent posting
in the municipal building at least 30 days prior to the Planning Board
hearing. The interested parties or the Commission shall submit to
the Planning Board a complete list of involved properties.
(4)
Upon review and approval of the proposed site or district by the
Planning Board, the site or district nomination will be sent to the
Borough Council for adoption to amend and supplement this chapter.
(5)
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
D.
Designation of districts. There is hereby established the Pennington
Crossroads Historic District. The designated historic district is
outlined on the Pennington Historic District Map incorporated herein.[1]
[1]
Editor's Note: Said map is included at the end of this chapter.
A.
When required. A certificate of appropriateness issued by the Commission
shall be required before a permit is issued, or before work can commence,
for any of the following activities within an historic district(s)
or on any designated historic landmark:
(1)
Demolition of any contributing designated building, structure, or
site, not including accessory structures.
(2)
Change in the exterior appearance that is visible from the street of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the following, except for the activities described in Subsection B below.
(3)
Relocation of a principal structure or site.
(4)
Any addition to or new construction of a principal structure that
is visible from the street.
B.
When not required. In no instance shall the following be considered
subject to review:
(1)
Changes to the interior of a structure.
(2)
Exterior painting of a structure.
(3)
Ordinary maintenance as defined in this chapter.
(4)
When ordinary maintenance is not feasible, replacement is permitted
according to this criteria:
(a)
Complete in-kind replacement of existing doors or windows. Nonoriginal
materials are permitted.
(b)
Repair of existing windows and doors involving no change in
their design, scale or appearance. In-kind replacement of existing
storm windows and replacement of storm doors with new doors which
show the same view or more of the entry door.
(c)
Complete replacement of existing material with in-kind material.
(d)
Replacement of roofing material with any replacement roofing
material.
(e)
Structural repairs which do not alter the exterior appearance
of the building.
(f)
Complete replacement of existing roof structures, such as cupolas,
dormers and chimneys, or the repair of same which does not alter their
exterior appearance. Nonoriginal materials are permitted.
(g)
Complete replacement of existing clapboards, shingles, or other
siding involving no change in design, scale or appearance of the structure.
Nonoriginal materials are permitted.
(h)
Maintenance and repair of existing clapboards, shingles or other
siding involving no change in design, scale or appearance of the structure.
(5)
Changes or additions to landscape or hardscape, including signs,
outdoor displays, fences and hedges, street furniture, awnings, driveways,
sidewalks and paving materials.
(6)
Any rear yard additions or alterations that will not project beyond
the existing sidewalls of the principal structure.
(7)
Exterior lighting not attached to principal structure or not visible
from street.
(9)
Installation or replacement of solar panels, satellite dish antennas,
air-conditioning or HVAC equipment.
(10)
Alterations to structures constructed after 1945.
(11)
Development applications, see below.
C.
Minor work applications. The Chair of the Historic Preservation Commission,
or other designated member(s) of the Commission acting on the Chair's
behalf, may review applications for minor work as defined in this
chapter, without holding a public hearing. If the Chair finds the
application appropriate, he or she may act in place of the full Commission
and issue a certificate for minor work to the Construction Official,
who may then issue a building permit. If the Chair does not find the
application appropriate or doubts its appropriateness, the application
shall be scheduled for a public hearing before the full Board.
D.
Procedures.
(1)
The construction office shall forward a copy of all permit applications
dealing with historic landmarks or historic districts to the Commission
prior to issuance of the requested permit.
(2)
All applicants shall complete an application form. Application forms
shall be made available in the Borough construction office. Complete
applications shall be filed with the construction office.
(3)
Each application may be accompanied by sketches, drawings, photographs,
descriptions, the property survey, if available, and other information
to show the proposed alterations, additions, changes or new construction.
Applications for demolition shall include current and archival photographs,
if available, of the interior and exterior of the building and drawings
to document the condition of the building. The Commission may require
the subsequent submission of such additional materials related to
building condition as it reasonably requires to make an informed decision.
(4)
The Commission shall reach a decision on an application and submit
its report to the Construction Official within 45 days of referral
by the Construction Official. Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Commission.
A.
When a development application is submitted for approval of a subdivision,
site plan, conditional use, variance or change of use, the Planning
Board shall make available to the Historic Preservation Commission
an informational copy of the application. Recommendation by the Historic
Preservation Commission to the Planning Board on an application for
development shall be considered advisory only.
B.
Approval by the Planning Board shall not relieve the applicant of
the requirement of obtaining a certificate of appropriateness for
those aspects of the project not covered by the development application.
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.
A.
The Commission shall hold a public hearing on all applications for
certificates of appropriateness. No public hearing shall be required
in order for the Commission to render a determination of nonnecessity
as defined in this chapter.
B.
Prior to holding a public hearing on an application for a certificate
of appropriateness, the Commission shall, in addition to complying
with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq., notify the applicant in writing at least 10 days prior to
the hearing by personal service or certified mail setting forth the
time, date and place of the hearing.
C.
An applicant for a certificate of appropriateness shall not be required
to appear or to be represented at the hearing in order for the Commission
to consider the application for a certificate of appropriateness,
and the Commission may take action in the absence of the applicant.
D.
At the hearing, the Commission shall allow all persons the opportunity
to be heard concerning the issuance of a certificate of appropriateness
for the proposed work.
E.
After conducting the public hearing, the Commission shall render
a determination on the application. All determinations shall be in
writing with an explanation of the reasons for the decision, and shall
be delivered promptly to the Construction Official. The Commission
shall grant a certificate of appropriateness to the applicant if it
finds the application appropriate to the historic landmark or historic
district and in conformity with the standards and criteria set forth
in this chapter. The Commission may issue a certificate of appropriateness
subject to certain condition(s), which shall be set forth in detail
in the Commission's written decision. The Commission shall deny the
issuance of a certificate of appropriateness if it finds the application
inappropriate to the historic landmark or historic district and/or
not in conformity with the said standards and criteria. The Commission's
denial of a certificate of appropriateness shall be deemed to prohibit
the applicant from undertaking the work applied for, and shall preclude
the issuance of any required permit for the said work by the Construction
Official. Upon receipt of the Commission's written determination,
the Construction Official shall notify the applicant of said determination
in writing within five days thereof.
F.
Failure of the Commission to render its written determination to
the Construction Official within the forty-five-day period referenced
above shall be deemed to constitute a determination in favor of the
issuance of a certificate of appropriateness for the proposed work
and without conditions. In the event that the applicant has consented
to an extension of time to consider the application, the Construction
Official shall be notified of said extension and no certificate of
appropriateness or permit shall be issued for the proposed work until
a determination has been rendered by the Commission during the extension
period.
G.
The owner shall post the certificate of appropriateness on a conspicuous
spot on the exterior of the designated property visible to the public
during the entire process of work.
H.
When a certificate of appropriateness has been issued, the Construction
Official or his appointee shall, from time to time, inspect the work
approved by such certificate and shall regularly report to the Commission
the results of such inspections, listing all work inspected and reporting
any work not in accordance with such certificate.
I.
A certificate of appropriateness shall be valid for a period of two
years from date of issue unless reasonable extensions are requested
by the applicant or the Commission.
J.
The performance of unauthorized activities shall be deemed to be
a violation of this chapter and may subject the responsible parties
to sanctions imposed hereunder.
A.
When an historic landmark or contributing historic district resource
requires immediate repair to preserve its continued habitability and/or
the health and safety of its occupants or others, emergency repairs
may be performed in accordance with applicable construction codes
immediately upon approval of the Construction Official, who shall
certify that a bona fide emergency of the type referenced herein exists,
without first obtaining a certificate of appropriateness from the
Commission. Under such circumstances, the repairs performed shall
be only such as are necessary to preserve the continued habitability
of the building or structure and/or the health and safety of its occupants
or others. Where feasible, temporary measures to prevent further damage
shall be used, provided these measures are reversible without damage
to the building or structure.
B.
Simultaneously with the commencement of the emergency work, the property
owner shall make a request for a certificate of appropriateness from
the Commission memorializing the approval for said emergency work.
This request shall be made through the Construction Official pursuant
to the procedures set forth in this chapter.
C.
It should be noted that the procedures outlined in this section should
be strictly limited to those circumstances which, in the opinion of
the Construction Official, rise to the level of a bona fide emergency
of the type referenced above. No work in addition to the emergency
repairs shall be performed until an appropriate request for approval
has been granted by the Construction Official and Historic Preservation
Commission pursuant to the procedures set forth in this chapter.
A.
The goal of the review process is to preserve the integrity of designated
historic sites and districts and to insure the compatibility of any
changes or improvements made to them. Such changes may be done in
a manner that references the historic architecture or they may be
completed in a more contemporary idiom as long as they relate to the
physical context of the original building in terms of scale, proportion,
rhythm, massing and materials.
B.
In interpreting and applying the standards and criteria set forth
herein, the Commission shall be guided by the principles contained
in the most current version of the Secretary of Interior Standards
for Rehabilitation and the Secretary of the Interior Standards for
the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings (hereinafter
referred to as "the standards").
C.
In reviewing an application for a certificate of appropriateness,
the Commission shall consider the setting, design, arrangement, texture,
details, scale, shape, materials and finish, and consider the relationship
of those characteristics to the historic, architectural, cultural,
archeological, and aesthetic significance of the historic site or
district as well as:
(1)
The impact of the proposed change on the historic and architectural
significance of the historic site or district.
(2)
The historic site's importance to the municipality and the extent
to which its historic, cultural, or architectural significance would
be adversely affected to the detriment of the public interest.
(3)
The designation of a property within a district as "contributing"
or "noncontributing."
(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.
D.
Visual compatibility factors. In regard to an application for new
construction, alterations, additions or replacements affecting an
historic site or an improvement within an historic district, the following
visual compatibility factors shall be considered in relation to its
setting and context:
E.
Additions to designated buildings or contributing structures within
the District: Additions are not historical in themselves, and do not
possess original or historic materials or design. Accordingly, they
are subject to the following criteria:
(1)
Additions at the sides and rear of historic structures are encouraged
so as not to obscure the historic structure. New construction on the
front of historic structures is generally inconsistent with the objectives
of this chapter.
(2)
The character of the addition is not required to duplicate the architectural
style of the historic structure. Where visible from the street, the
addition should complement, rather than dominate, the existing structure.
F.
New construction and additions to noncontributing structures within
the District. New construction and additions to noncontributing structures
do not have existing historic character and are not attached to historic
structures. Accordingly, they are subject to the following criteria:
(1)
New construction and additions to noncontributing buildings need
not match the architectural style or general materials of their surroundings
or the noncontributing building to which the building will be attached.
(2)
New construction and additions to noncontributing buildings shall
be consistent with their general context, per "visual compatibility"
factors, above.
(3)
Height, and street setback shall match the prevailing conditions
of the nearest three buildings in each direction.
A.
Certificate of appropriateness required: In regard to an application
to demolish or relocate an historic landmark or a contributing historic
district resource, the following matters shall be considered:
(1)
Its current and potential use for those purposes currently permitted
by the Zoning Ordinance or for the use proposed.
(2)
The probable impact of its removal upon the ambiance of the historic
landmark or historic district.
(3)
The structural soundness and integrity of the building, structure,
site, object or improvement and the economic feasibility of restoring
or rehabilitating same so as to comply with the requirements of the
applicable construction codes.
(4)
The compelling reasons for not retaining the building, structure,
site, object or improvement at its present location, the proximity
of the proposed new location and its accessibility to residents of
the municipality, and the probability of significant damage to the
building, structure, site, object or improvement as a result of the
relocation.
(5)
The compatibility, nature and character of the current and the proposed
surrounding areas as they relate to the intent and purposes of this
chapter and whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
B.
Procedure where initial application for demolition or relocation
is disapproved:
(1)
Sale for fair market value. If the Commission disapproves an initial
application to demolish or relocate an historic structure, the owner
shall for a period of six months from the date of said disapproval
make bona fide and diligent efforts to sell the structure and lot
to any person, organization, governmental agency or political subdivision
that provides reasonable assurance that it is willing to preserve
said structure. In order to maximize the opportunity to preserve the
structure, the owner shall provide notice of the proposed demolition
or relocation in accordance with the provisions set forth below.
(2)
Notice of demolition or relocation posted and published. Notice of
the proposed demolition or relocation shall be posted on the subject
property for a period of at least 30 days in such a manner as to be
clearly readable from the street and shall be published in the Borough's
official newspaper at least once a week for a minimum of four consecutive
weeks.
(3)
Grant of certificate of approval. Provided that the Commission is satisfied that the requirements of Subsection B(1) above have been met, it shall issue a certificate of approval.
(4)
Opportunity to salvage or recycle part of structure prior to demolition.
With respect to demolitions only, in the event the owner does not
intend to recycle or salvage parts of the structure, the owner for
30 days should at his or her discretion afford interested parties
and groups the opportunity to remove parts or architectural features
from said structure prior to its demolition. The Commission should
at its discretion and without liability maintain a list of interested
parties and groups, and the owner shall provide notice by certified
mail to such groups advising of said opportunity to salvage.
(5)
For the purposes of satisfying the requirements of this subsection,
the applicant shall not be obligated to accept less than the structure's
fair market value as an historic structure. To determine fair market
value, the property owner may present an appraisal prepared by a New
Jersey State-licensed real estate appraiser or documentation of a
recent sale price for the property.
C.
Approval after change of circumstances. The Commission may at any
time during such notice period, if a significant change in circumstances
occurs, grant a certificate of approval to demolish, in which event,
a permit shall be issued within 10 days thereafter.
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.
A.
It shall be the duty of any municipal official reviewing a permit
application involving real property or improvements thereon to determine
whether such application involves an activity that requires a certificate
of appropriateness from the Commission. The municipal official may
request assistance from the Commission in determining whether a certificate
of appropriateness is required. If a certificate of appropriateness
is required, the municipal official shall inform the applicant and
the Commission.
B.
Upon learning of any violation of the provisions of this chapter,
the Borough Zoning Officer shall issue a notice of violation to the
owner of the property on which the violation is occurring. Said notice
shall describe the violation in detail and shall provide the owner
10 calendar days to abate the violation by submitting an application
to the Commission for review and approval of the proposed work.
C.
The Zoning Officer shall personally serve the notice upon the owner
of the lot on which the violation is occurring. If the owner cannot
be served personally within the municipality, a copy of the notice
shall be posted on the site and a copy sent by regular and certified
mail, return receipt requested, to the owner at the last known address
as it appears on the municipal tax rolls.
D.
Each day that the violation continues beyond the ten-day period set
forth above shall constitute a separate offense.
E.
Violators shall be subject to the penalties set forth in this Code
as said section may from time to time be amended or renumbered. In
addition, the Borough may institute any appropriate action or proceeding
pursuant to this Code to enjoin or otherwise prevent the violation
from continuing.
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.
