[Added 12-30-1994 by Ord. No. 1994-15]
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Township's environment in order
to:
A.
Safeguard the heritage of the Township by preserving resources which
reflect elements of its cultural, social, economic and architectural
history.
B.
Encourage the continued use of historic sites and to facilitate their
appropriate use.
C.
Maintain and develop an appropriate and harmonious setting for the
historic and architecturally significant buildings, structures, site
objects or districts within the Township.
D.
Stabilize and improve property values within the district and foster
civic pride.
E.
Promote appreciation of historic sites for the education, pleasure
and welfare of the population.
F.
Encourage beautification and private reinvestment.
G.
Manage change by preventing alteration or new construction not in
keeping with any historic district.
H.
Discourage the unnecessary demolition of historic resources.
I.
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
article.
J.
Encourage the proper maintenance and preservation of historic settings
and landscapes.
K.
Encourage appropriate alterations of historic sites.
L.
Enhance the visual and aesthetic character, diversity, continuity
and interest in the Township.
M.
Promote the conservation of historic sites and districts and invite
and encourage voluntary compliance.
N.
Support the existing Smithville County Park.
O.
Support the existing structures and architecture within Smithville
County Park.
P.
Use the period architecture in the Smithville County Park as a theme
for future development in the area.
Q.
Use the Smithville County Park and its historic architecture to promote
an architectural focal point for the Township.
The terms set forth hereinafter shall have the following meanings:
A new improvement constructed as part of an existing improvement
when such new improvement changes the exterior architectural appearance
of the existing improvement.[1]
The act by which any development alters the exterior architectural
appearance of an historic site or any improvement within an historic
district.
Any work done on any improvement which:
Any private person, persons or any representative of any
private entity, private organization, association or public agency
with legal authority to make an alteration, addition, improvement,
renovation, repair or demolish a structure.
Any structure, either temporary or permanent, having a roof
(including an annex or addition), which requires for its use a fixed
location on the land and which is designed, intended or used for the
sheltering or protection of persons, animals or chattel.
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.
Any buildings, structures, sites or objects within an historic
district 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.
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.
Any element or resource of the architectural style, design
or general arrangement of a structure that is visible from the outside,
including but not limited to the style and placement of all windows,
doors, cornices, brackets, porch spindles, railings and shutters;
the roof; type, color and texture of the building materials; signs;
fences; and other decorative architectural elements.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
and/or objects which, when viewed collectively:
Represent a significant period(s) in the architectural and social
history and development of the municipality;
Have a distinctive character resulting from their architectural
style; and
Because of their distinctive character, can readily be viewed
as an area or district from surrounding portions of the municipality.
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship
and association and which have been determined, pursuant to the terms
of this article, to be:
Of particular historic significance to the Township of Eastampton
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or community;
Associated with the historic personages important in national,
state or local history;
The site of an historic event which had a significant effect
on the development of the nation, state or community;
An embodiment of the distinctive characteristics of a type,
period or method of architecture or engineering;
Representative of the work of an important builder, designer,
artist or architect;
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
The body which, for the purposes of this article, acts as
the Historic Preservation Commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
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.
Any buildings, structures, sites or objects within an historic
district 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.
A thing of functional, aesthetic, cultural, historical or
scientific value that may be, by nature or design, movable yet related
to a specific setting or environment.
The act of repairing any deterioration, wear or damage to
a structure, or any part thereof, in order to return the same as nearly
as is 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.
The act or process of reproducing by new construction the
exact form and details of the exterior building, structure or object,
or part thereof, as it appeared at a specific period of time.
The act or process of returning the exterior of a building
or structure 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
historic, architectural and cultural values.
The act of partially or completely causing a structure or
portion of a structure to change to another location, position, station
or residence.
Any work done on any improvement which:
The act or process of replicating any exterior architectural
feature.
The act or process of accurately recovering the form and
details of the exterior of a building and/or structure 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 having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land. For purposes of this article,
the word "structure" shall also include fences, walls, independent
radio and television antennas, gasoline pumps, pergolas and swimming
pools.
The following uses are permitted in H Districts:
The following uses are permitted in the H District:
The maximum building height, minimum lot size, maximum coverage,
etc., shall be as provided in this chapter for the respective zones,
except such regulations may be waived where necessary to preserve
historic characteristics.
A.
There is hereby created in and for the Township of Eastampton a Commission
to be known as the "Historic Preservation Commission," referred to
in this article as the "Commission" and previously referred to as
the "Architectural Review Board." This Commission shall advise the
Land Use Planning Board on the effect of development applications
on designated historic landmarks or improvements within an historic
district. In addition, the Commission shall review all building permit
applications which affect designated historic landmarks or improvements
within an historic district. The Commission's reviews shall be based
on objective criteria and will complement existing land use and construction
codes. The controls established, while compatible with both the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., should be viewed as having
an independent basis under N.J.S.A. 40:48-2.
[Amended 12-10-2001 by Ord. No. 2001-12]
B.
Members.
(1)
The Commission shall consist of five regular members and two alternate
members.
(2)
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 Township 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 three regular members shall be designated
as Class C. Class C members shall be citizens of the Township who
shall hold no other municipal office, position or employment except
for membership on the Land Use Planning Board and who shall have a
demonstrated interest, competence or knowledge in historic preservation.
Alternate members shall meet the qualifications of Class C members.
[Amended 12-10-2001 by Ord. No. 2001-12]
(3)
The Mayor shall appoint 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 Planning Board shall be for the term of
membership on the Land Use Planning Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
(4)
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.
(5)
The Mayor shall annually designate a member to serve as the liaison
between the Council and the Commission.
C.
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 Township of Eastampton.
D.
Meetings; rules. The Commission shall meet at least once per month
or as often as required to fulfill its obligations to advise the Land
Use Planning Board and shall adopt rules and regulations of procedure
to include the following:
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
That a quorum to conduct a meeting shall be at least three members
and that no fewer 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.
F.
The Historic Preservation Commission shall be responsible to:
(1)
Identify and record historic buildings, structures, sites, objects or districts and evaluate these resources against the criteria outlined in § 540-44 of this chapter. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.
(2)
Recommend to the Land Use Planning Board and the Township Council sites to be designated as historic landmarks in accordance with the procedures established in § 540-38 of this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
(3)
Conduct research on and nominate significant resources to the State
and National Register of Historic Places. If the Township is certified
under the state's Certified Local Government (CLG) Program, the Commission
shall, in accordance with the state's CLG guidelines, review and comment
on all State and National Register nominations for historic resources
within the Township of Eastampton.
(4)
Recommend to the Land Use Planning Board guidelines for review to
be utilized in determinations of historic landmark status and for
review of projects affecting historic landmarks or improvements within
historic districts. The Land Use Planning Board may recommend modifications
of the guidelines and shall make the final decision as to their adoption.
[Amended 12-10-2001 by Ord. No. 2001-12]
(5)
Advise the Land Use Planning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in § 540-42 of this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
(6)
Review all actions, including those involving building permit applications, which affect the exterior of historic landmarks or improvements within an historic district and advise the Land Use Planning Board on the approval of said requests in accordance with the procedure established in § 540-44 of this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
(7)
Review all applications for actions affecting the exterior of an historic landmark or an improvement within an historic district and to make recommendations to the Land Use Planning Board in accordance with the procedures outlined in § 540-43 of this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
(8)
Assist other public bodies in aiding the public in understanding
a historic resource's significance and methods of preservation.
(9)
Advise the Council on the relative merits of proposals involving
public lands to restore, preserve and protect historical buildings,
places and structures, including the preparation of a long-range plan
therefor, securing state, federal and other grants and aid to assist
therein and monitoring such projects once underway.
(10)
Secure the voluntary assistance of the public and (within the
limits of the budget established by the Township for the Historic
Preservation Commission's operation) retain consultants and experts
and incur expenses to assist the Historic Preservation Commission
in its work.
(11)
Cooperate with local, county, state or national historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this article.
(12)
Request the Council to seek, on its own motion or otherwise,
injunctive relief for violations of this article or other actions
contrary to the intent and purposes of this article.
(13)
Advise and assist the Land Use Planning Board during the preparation
of an historic preservation plan element of the Master Plan.
[Amended 12-10-2001 by Ord. No. 2001-12]
(14)
Prepare and, after approval by the Township Council, distribute
an historic district guideline handbook to be utilized for application
reviews and foster appropriate rehabilitation within the historic
district.
A.
In addition to the structures and sites already identified as being
within the historic district, the Commission shall consider for historic
landmarks or historic district designation any additional buildings,
structures, objects, sites and districts within the Township which
merit historic landmark 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 Township by reflecting
or exemplifying the broad cultural, political, economic or social
history of the nation, state or community;
(2)
Associated with historic personages important in national, state
or local history;
(3)
The site of an historic event which had a significant effect on the
development of the nation, state or community;
(4)
An embodiment of the distinctive characteristics of a type, period
or method of architecture or engineering;
(5)
Representative of the work of an important builder, designer, artist
or architect;
(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 Township bodies or of concerned citizens, the Commission shall make a list of districts and landmarks recommended for designation. For each district and landmark, there shall be a brief description, a statement of its significance pursuant to the criteria in § 540-44 of this chapter, a description of location and boundaries and a map siting. The Commission shall, by certified mail:
(1)
Notify each owner that his property is being considered for historic
district or landmark designation and the reasons therefor.
(2)
Advise each owner of the significance and consequences of such designation
and advise him of his opportunities and rights to challenge or contest
such designation.
(3)
Notify each owner of the public meeting to be held to discuss landmark
or district designation.
C.
The list of potential landmarks and districts, as well as the description,
significance, location, boundaries and map siting of each, shall be
subject to review at a Commission public hearing. At least 10 days
before such a hearing, notice of the hearing shall be published in
an official newspaper of the municipality. At the hearing, interested
persons shall be entitled to present their opinions prior to the Commission
voting on its recommendations to the Land Use Planning Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
D.
After the hearing, the Commission shall submit its recommendations
for sites to be designated to the Land Use Planning Board and the
Township Clerk. The Land Use Planning Board shall schedule to make
a decision on the designations at a publicized public meeting specified
on a date not less than 15 nor more than 45 days from the date of
publication.
[Amended 12-10-2001 by Ord. No. 2001-12]
E.
Final determination that landmark or district status exists shall
be made by the Land Use Planning Board. Such a final determination
by the Land Use Planning Board shall create landmark or district status,
and a certificate of designation shall be issued by the Land Use Planning
Board. Within seven days of the creation of landmark or district status,
the Land Use Planning Board shall, by certified mail, notify the owner
of the property involved of the determination and advise him of his
rights with respect to an appeal of said determination to Township
Council. The Commission or a member of the public may seek to appeal
the status directly to the Township Council upon giving notice to
the owners and persons of record as objecting thereto and the Land
Use Planning Board. Such appeal shall be made within 45 days of the
Land Use Planning Board's determination, and the Township Council
shall have the power to either affirm, modify or vacate the decision
of the Land Use Planning Board as it deems proper.
[Amended 12-10-2001 by Ord. No. 2001-12]
F.
After Land Use Planning Board review and approval, the Commission
shall submit the list of designated landmarks and districts and a
map to the Township Clerk for filing. The Township Council shall then
consider the designation list and map and may approve, reject or modify
the same by ordinance. Once adopted, the designation list and map
may be amended in the same manner in which they were adopted. Upon
adoption, the designation list and map shall also be incorporated
by reference into the Municipal Master Plan.
[Amended 12-10-2001 by Ord. No. 2001-12]
G.
Copies of the designation list and Official Map, as adopted, shall
be made public and distributed to all municipal agencies reviewing
development applications and building permits. A certificate of designation
shall be served by certified and regular mail upon each owner included
in the list, and a true copy thereof shall be filed with the County
Clerk for recording in the same manner as a certificate of a lien
upon real property.
A.
There is hereby established in the Township of Eastampton a district
to be known as the "Smithville Historic District," which is an overlay
area on the Zoning Map previously known as the "Historic Architectural
Theme Area." Said area is specifically shown on the amended Zoning
Map and is generally located as follows: From the intersection of
Smithville Road and Powell Road, a/k/a Co. Route 621, westward along
Powell Road to the Wetlands Stream abutting the Vistas Properties;
then southward along the Wetlands Stream to the Township's southern
boundary with Lumberton Township; then eastward along the boundary
with Lumberton Township to the Black Run Stream; then northward along
the Black Run Stream to its connection with the Powell Run Stream;
then northward along the Powell Run Stream to Powell Road; then westward
along Powell Road to the point of origin.
All actions that affect the exterior of an historic landmark
or an improvement within an historic district shall be reviewed by
the Commission. Such review shall be required for, but not limited
to, the following actions:
A.
Demolition of an historic landmark or of an improvement within an
historic district.
B.
Relocation of an improvement within an historic district or of an
historic landmark.
C.
Change in the exterior appearance of an improvement within an historic
district or of an historic landmark by addition, alteration or replacement.
D.
Site plans or subdivisions affecting an historic landmark or an improvement
within an historic district.
E.
Any new construction of an improvement in an historic district.
F.
Changes in, or addition of, signs or exterior lighting for an historic
landmark or an improvement within an historic district.
G.
Zoning variances affecting an historic landmark or an improvement
within an historic district.
The following actions do not require review by the Historic
Preservation Commission:
A.
Changes to the interior of structures.
B.
Ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require Commission review according to this criteria:
(1)
Repair and replacement of existing windows and doors involving no
change in the design, scale, material and/or configuration in appearance,
using the same material.
(2)
Maintenance and repair and replacement of existing roof material,
involving no change in the design, scale, color, material or appearance
of the structure.
(3)
Repair 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)
Maintenance and repair of existing shingles, clapboards or other
siding, using the same materials and details that are being repaired
or maintained.
(5)
Repairs 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. This does not include replacement of those existing
items.
C.
When a structure within an historic district or a designated historic
landmark requires immediate or emergency repair to preserve the continued
habitability of the structure and/or the health, safety and welfare
of the occupants, such repairs may be performed in accordance with
the Township Codes, without the necessity of first obtaining the Commission's
review. Under such circumstances, the repairs shall be only such as
are necessary to protect the health and safety of the occupants of
the historic landmark and/or to maintain the habitability of the landmark
as determined by the Township Construction Official. In such cases,
the property owner shall immediately notify the Commission of such
repairs. A request for a review shall be made as soon as possible,
and no further work shall be performed upon the structure until an
appropriate approval is obtained in accordance with the procedures
set forth in this article. The Chairperson may call a special meeting
of the Commission in accordance with the provisions for emergency
review with cases of extreme emergency which call for extensive repairs
or alterations.
[Amended 12-10-2001 by Ord. No. 2001-12]
A.
For all applications presented to the Land Use Planning Board which affect an historic landmark or an improvement within an historic district, the property owner shall submit an application for a certificate of appropriateness, drawings and plans of the proposed improvement and samples of materials and colors to the Land Use Planning Board, along with the request for Board approval. Such an application shall solely pertain to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 540-43 of this chapter. Escrows must be posted in accordance with §§ 460-57 through 460-58, inclusive, of the Code.
B.
The Land Use Planning Board will forward to the Commission a complete
set of all application material, as well as the application for certificate
of appropriateness. The Commission shall be allowed at least 21 days
from the day it receives a complete application to prepare its recommendations
to the Land Use Planning Board. Said recommendations shall be in the
form of a written report which is orally conveyed to the appropriate
Board through the Commission's delegate at a hearing on the application.
C.
The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in § 540-33 of this chapter. In considering the Commission's recommendations, the Land Use Planning Board shall be guided by the review criteria established in § 540-44 of this chapter.
A.
Prior to undertaking any action affecting the exterior of an historic
landmark or an improvement within an historic district, the property
owner shall complete and submit simultaneously to the Construction
Official and the Zoning Officer an application for a certificate of
appropriateness and drawings and plans of the proposed improvement
or samples of materials and colors.
B.
If the proposed undertaking requires a building permit, the Construction
Official shall notify the applicant that he or she must simultaneously
submit an application for a certificate of appropriateness to the
Construction Official. This includes, but is not limited to, permits
for new construction, demolition, alterations, additions, repairs
or replacements affecting an historic landmark or an improvement within
an historic district.
C.
The Construction Official shall review the application for technical
completeness. Any application found to be incomplete shall be returned
to the applicant within 10 days of the receipt of the application.
D.
When an application is found to be technically complete, the Construction
Official shall schedule for the application to be reviewed at the
Commission's next regularly scheduled meeting. The applicant shall
be notified of the meeting date and shall be allowed an opportunity
to speak at the meeting.
E.
The Construction Official shall issue or deny the certificate of
appropriateness on the basis of the Commission's recommendation.
[Amended 12-10-2001 by Ord. No. 2001-12]
In reviewing an application for its effect on a building, improvement
or structure within the historic district or classified as an historic
landmark, the following criteria shall be used by the Commission and
the Land Use Planning Board:
A.
In regard to all applications affecting an historic landmark 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 landmark or the historic district.
(2)
The site's importance to the Township of Eastampton 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 landmark or improvement 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 herein.
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 visual compatibility factors:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportion of the building's front facade. The relationship of the
width of the building to the height of the front elevations shall
be visually compatible with the buildings and places to which it is
visually related.
(3)
Proportion of openings within the building. 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 steps and railings, columns, patios and porches, flower boxes,
canopies and awnings, 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 addition to the visual compatibility factors listed in Subsection B, the following standards, as promulgated by the United States Secretary of the Interior, should be considered:
(1)
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building, structure and its site and environment.
(2)
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
(4)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(5)
Distinctive stylistic features, finishes and construction techniques
or examples of craftsmanship which characterize a building, structure
or site shall be preserved.
(6)
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture
and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical
or pictorial evidence.
(7)
Chemical or physical treatments, such as sandblasting, that caused
damage to historic materials shall not be used. The surface cleaning
of buildings and/or structures, if appropriate, shall be undertaken
using the gentlest means possible.
(8)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(9)
New additions, exterior alterations or related new construction shall
not destroy historic materials that characterize the property. The
new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property, neighborhood and its environment.
(10)
New additions and adjacent or related new construction shall
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
D.
In its review, the Historic Preservation Commission shall also be
guided by the Secretary of the Interior's Standards for the Treatment
of Historic Properties and by the Preservation Briefs (prepared by
the United States Department of the Interior, National Park Service,
Washington D.C., and as amended from time to time).
[Amended 12-10-2001 by Ord. No. 2001-12]
In addition to the criteria for review of applications as outlined here in § 540-44, the Commission and the Land Use Planning Board shall consider the following additional regulations in reviewing an application for its effect on a building, improvement or structure within an historic district or an historic landmark:
A.
Historic architectural themes. Within the historic district, all
new construction shall be designed with a Georgian, Federal or Greek
Revival architectural style. However, if approved by the Land Use
Planning Board, different historic architectural styles may be used
if they complement the styles already utilized in the area.
C.
Demolition. In regard to an application to demolish an historic landmark
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 this
chapter.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
Its importance to the Township 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 Township 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.
D.
Moving. In regard to an application to move any historic landmark
or to move any structure within an historic district, the following
matters shall be considered:
(1)
The historic loss to the site of the 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 article.
(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 § 540-44B of this chapter.
(6)
If it is to be removed from the Township, the proximity of the proposed
new location to the Township, including the accessibility to the residents
of the Township and other citizens.
E.
Synthetic siding. Synthetic siding is not acceptable on landmarks.
Metal or vinyl siding may be used to resurface facades of low public
visibility on buildings within an historic district that were originally
wood-sided only 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.
F.
Window and door openings. The number, size and locations of original
window and door openings shall be retained. Window and door openings
shall not be reduced to fit stock material. New window and door openings
shall not be added on elevations that are subject to view from a public
street. Vinyl, vinyl clad, aluminum and aluminum clad windows and
doors are not acceptable on landmarks. Non-wood-surfaced window frames
and doors may be used on side and rear exposures of low public visibility
on buildings within an historic district 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.
G.
Color standards. The selection of colors is critical to implementing
the objectives of the historic district. All plans shall indicate
the proposed color treatment for all exterior features of the building.
Colors shall be Benjamin Moore Historical Color Collection or equivalent.
H.
Street patterns. Curvilinear street patterns are a modern design
and were not utilized often in the 18th and 19th Centuries. Therefore,
where possible and practical, new streets shall be considered in rectilinear
pattern.
I.
Signs and lighting. Where signs are permitted, they shall be made
of materials and colors that blend into the basic architectural style
of the buildings. Both streetlighting poles and facade lighting, if
permitted, shall be executed in period fixtures compatible with the
architectural style of the buildings.
A.
Approval by either the Construction Official or Land Use Planning
Board shall be deemed to be final approval pursuant to this chapter.
Such approval shall neither cause nor prevent the filing of any collateral
application or other proceeding required by any other municipal ordinance
to be made prior to undertaking the action requested concerning the
historic site or improvement in an historic district.
[Amended 12-10-2001 by Ord. No. 2001-12]
B.
Denial of approval of an application or of a building permit shall
be deemed to bar the applicant from undertaking the activity which
would affect the historic site or improvement in an historic district
which was the subject of the denied application.
C.
An appeal from the determination of the Construction Official based
upon the Commission's recommendation shall be to the Land Use Planning
Board pursuant to N.J.S.A. 40:55D-70a. If the Land Use Planning Board
determines that there is an error in any order, requirement, decision
or refusal made by the Construction Official pursuant to a report
submitted by the Commission, the Land Use Planning Board shall include
the reasons for its determination in its written resolution.
[Amended 12-10-2001 by Ord. No. 2001-12]
D.
Nothing herein shall be deemed to limit the right of judicial review
of the municipal action after an appeal is concluded by the municipal
governing body.
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 article.
B.
Upon learning of the violation, the Construction Official 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 Township
with said 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 Township
tax rolls.[1]
C.
In the event that the violation is not abated within 10 days of service
or posting on the site, whichever is earlier, the Construction Official
shall cause to be issued a summons and complaint, returnable in the
Municipal Court, charging violation of this article 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
article.[2]
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 landmark by addition, alteration or replacement without first having obtained approval of the Commission, 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 Construction Official is hereby 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. Such injunctive relief shall be in addition to the penalties authorized under Subsection D hereof.
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 Construction
Official is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
