[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 4-18-2005 by Ord. No. 2005-05. Amendments noted
where applicable.]
A.
The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-1
et seq., as amended, delegated the responsibility to local units of
government to adopt regulations designed to promote the protection
of certain architecturally, historically, and archaeologically significant
structures, sites, or districts for the general welfare of its citizenry.
B.
Purpose and objectives. The Borough of Swedesboro recognizes that
it has areas, places and structures of historic, archaeological and
architectural significance. It is in the interest of the general welfare
to preserve these areas, places and structures and to ensure that
new development is compatible and relevant with these areas, places
and structures. This chapter will achieve these purposes and objectives
and will promote the preservation of the environment, promote a desirable
visual environment through creative development techniques and good
civic design and arrangements, prevent the degradation of the environment
through improper use of land, and promote the most appropriate use
of land in the Borough.
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.
The Clerk of the municipality unless a different municipal
official or officials are designated by ordinance to handle the administration
of this chapter and attend the land use meetings as deemed necessary.
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 or public person, persons, or any representative
or any private entity, private organization, association, or public
agency with legal authority to make an alteration, addition, improvement,
renovation, repair or demolish a structure.
An application to the Planning Board or the Joint Land Use
Board of the Borough of Swedesboro for approval of a major or minor
subdivision plot or site plan, planned development, conditional use
or zoning variance, or an application for the construction, reconstruction,
conversion, structural alteration, relocation or enlargement of any
building or other structure, or of any mining excavation or landfill,
or for any use or change in the use of any building or other structure,
or of any parcel of land, for which permission may be required pursuant
to the Municipal Land Use Law.[1]
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.
The Historic Preservation Advisory Commission established
pursuant to the provisions of this chapter.
The officer in charge of the granting of building or construction
permits in the Borough of Swedesboro.
Partial or total razing or destruction of any historic site
or of any improvement within an historic district.
An individual building, structure, site, object, improvement
or district which has been determined to have historical significance
pursuant to the provisions of this chapter.
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, 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 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.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status.
CONTRIBUTINGAny buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
NONCONTRIBUTINGAny buildings, structures, sites, objects or improvements which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.
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 chapter, to be:
Of particular historic significance to the Borough of Swedesboro
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state, or community; or
Associated with the historic personages important in national,
state, or local history; or
The site of an historic event which had a significant effect
on the development of the nation, state, or community; or
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work of an important builder, designer,
artist, or architect; or
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 chapter, 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.
The authenticity of a building, structure, site, object,
improvement or district evidenced by the survival of the physical
characteristics that existed during its historic or prehistoric period.
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this chapter, or whose rights
to use, acquire or enjoy property under this chapter or under any
other law of this state or of the United States have been denied,
violated or infringed by an action or a failure to act under this
chapter.
A list of historic properties determined to meet criteria
of significance specified herein.
The visual character of the land, including but not limited
to architecture, building setbacks and height, fences, hedgerows,
plantings and vistas.
The Master Plan of Borough of Swedesboro, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic
landmark or a key or contributing resource in an historic district;
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district;
Is a request for approval of fences, signs, lighting, paving
or streetscape work which, in the opinion of the Chairperson of the
Commission, will not substantially affect the characteristics of the
historic landmark 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 above.
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
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
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.
Any required approval issued by the Construction Code Official
pursuant to applicable building or construction codes for work or
improvement(s) to property, or to a building or structure located
thereon.
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, firms, companies,
corporations, entities or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives
of any thereof in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
When permitted by context "person" shall also include the United States,
the State of New Jersey and/or other states, or any political subdivision
thereof, and any foreign country or government.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic landmark.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
The act or process of applying measures designated 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 details of the exterior building, structure, 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.
The publication issued by the U.S. Department of the Interior,
National Park Service, entitled: "The Secretary of the Interior's
Standards for the Treatment of Historic Properties," 36 CFR 68, issued
in 1992 and revised and supplemented from time to time.
The visual character of the street, including but not limited
to the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, sidewalks, curbing and
landscaping.
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 chapter,
the word "structure" shall also include fences, walls, independent
radio and television antennae, gasoline pumps, pergolas, and swimming
pools.
The inventory of buildings, structures, sites, objects, improvements
and districts located within the Borough of Swedesboro which is conducted
by the Commission for the ascertainment of their historical significance
pursuant to the provisions of this chapter.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
The view by the public of a building, structure, site, object,
improvement or landscape from any point on a street, road or walkway
which is used as a public thoroughfare, either vehicular and/or pedestrian.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby created in and for the Borough of Swedesboro
a commission to be known as the "Historic Preservation Advisory Commission
of the Borough of Swedesboro."
A.
Composition of the Historic Preservation Advisory Commission. The
Historic Preservation Advisory Commission shall be comprised of seven
members, with two alternates:
(1)
Of the seven regular Commission members:
(a)
Two shall be Class A or Class B members, said classes being
defined as:
[1]
Class A: a person who is a citizen of the Borough knowledgeable in
building design and construction or architectural history; and
[2]
Class B: a person who is a citizen of the Borough and/or a member
of an historical organization recognized by the Mayor and Council
of the Borough knowledgeable in or has a demonstrated interest in
local history.
(b)
Five shall be Class C members, said class being defined as citizens
of the Borough, who shall hold no other Borough office, position or
employment except for membership on the Planning Board or Joint Land
Use Board.
(c)
To the extent available from within the Borough of Swedesboro,
the Mayor shall appoint Class A members who are residents. Should
such individuals not be available from within the Borough, the Mayor
shall have the authority to appoint, with Council approval, a consulting
preservation professional to advise the Commission on technical issues.
This preservation professional may reside outside of the Borough and
will not be a voting member of the Commission.
(2)
Of the two alternate Commission members, both shall be Class C members,
as Class C is defined above. The two alternate Commission members
shall be respectively designated "Alternate No. 1" and "Alternate
No. 2."
B.
Appointment of Historic Preservation Advisory Commission members.
Regular members shall be appointed by the Mayor and approved by Borough
Council and shall serve for four-year terms, except that Borough Planning
Board or Joint Land Use Board members shall serve during their incumbency
in office.
(1)
The terms of the members first appointed under this chapter shall
be so determined that to the greatest practicable extent the expiration
of such terms shall be distributed, in the case of the 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.
(a)
Two of the seven regular members first appointed under this
chapter shall be for terms of four years.
(b)
Two of the seven regular members first appointed under this
chapter shall be for terms of three years.
(c)
Two of the seven regular members first appointed under this
chapter shall be for terms of two years.
(d)
One of the seven regular members first appointed under this
chapter shall be for terms of one year.
(e)
One of the two alternate members first appointed under this
chapter shall be for a term of two years.
(f)
One of the two alternate members first appointed under this
chapter shall be for a term of one year.
(2)
Vacancies shall be filled, within 60 days, in the same manner in
which the previous incumbent was appointed and such incumbent's
unexpired term.
C.
Election of Chairperson, and Vice Chairperson. The Historic Advisory
Preservation Commission shall elect from its membership a Chairperson
and a Vice Chairperson.
D.
Liaison person. A member of the Swedesboro Borough Council shall
be designated as a liaison between the Historic Preservation Advisory
Commission and the Planning Board. 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.
E.
Establishment of rules and regulations. The Historic Preservation
Advisory Commission shall create rules and procedures for the transaction
of its business, subject to the following regulations:
(1)
A quorum for the transaction of business shall consist of four of
the Historic Preservation Advisory Commission's members. This
quorum may include alternate members filling the vacancies of regular
members. A majority of the members present and voting may grant or
deny a certificate of appropriateness.
(2)
The Historic Preservation Advisory Commission shall appoint a Secretary,
who need not be a member of the Historic Preservation Advisory Commission.
The Secretary shall keep minutes and records of all meetings and proceedings,
including voting records, attendance, resolutions, findings, determinations,
and decisions. All such material shall be public record.
(3)
The Historic Preservation Advisory Commission shall prepare and adopt
rules of procedure which will be made available to the public, and
which shall include a specific section prohibiting conflicts of interest.
F.
Compensation of Commission members. The members of the Historic Preservation
Advisory Commission shall serve without compensation.
G.
Retention of professional assistance. Within the limits of funds
that have been appropriated for the performance of its work, grants
and gifts, the Historic Preservation Advisory Commission shall obtain
the services of qualified professional individuals to direct, advise
and assist the Historic Preservation Advisory Commission and may obtain
the equipment, supplies and other materials necessary to its effective
operation. The Commission shall obtain its legal counsel from the
municipal attorney at the rate of compensation determined by the governing
body, unless the governing body by appropriation provides for separate
legal counsel for the Commission.
H.
Budget. The governing body shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Advisory
Commission. The Commission may employ, contract for and fix the compensation
of experts and other staff and services as it shall deem necessary.
Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Borough Council
for the Commission's use.
I.
Finances. The Borough Council shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of applications and development
reviews. These fees are in addition to any required under any portion
of this or any other applicable Borough ordinance.
J.
Powers and duties. The Historic Preservation Advisory Commission
shall have the following powers and duties:
(1)
Within 36 months of its organization the Historic Preservation Advisory Commission shall prepare and adopt pursuant to § 183-4 of this chapter, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Planning Board for inclusion in the Borough Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Borough Council of the Borough of Swedesboro for inclusion in this chapter.
(3)
Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in § 183-4.
(4)
Advise the Planning Board and the Joint Land Use Board on applications
for development pursuant to N.J.S.A. 40:55D-110.
(5)
Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of Chapter 340, Zoning, provisions concerning historic preservation.
(6)
Report at least annually to the Planning Board and the Borough Council
of the Borough of Swedesboro on the state of historic preservation
in the Borough and to recommend measures to improve same.
(7)
Collect and disseminate material on the importance of historic preservation
and specific techniques for achieving same.
(8)
Advise all Borough agencies regarding goals and techniques of historic
preservation.
(9)
Adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
(10)
Review all proposed National Register nominations for properties
that come within the jurisdiction of the Commission, as established
by the criteria of the 1980 amendments of the National Historic Preservation
Act of 1966.
(11)
To carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough of
Swedesboro.
(12)
To exercise any and all other powers authorized by law.
K.
Meetings. The Historic Preservation Advisory Commission shall meet
on a regular basis, but a minimum of four times a year. All meetings
shall comply the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
L.
Conflicts of interest. No member of the Historic Preservation Advisory
Commission of Swedesboro shall be permitted to act on any matter coming
before the Commission in which he or she has, either directly or indirectly,
any personal or financial interest.
M.
Emergency meetings of Commission. In the event that there arises
a need for an emergency meeting of the Historic Preservation Advisory
Commission, the Commission Chairperson shall convene a meeting of
the Commission after having given due and appropriate notice in accordance
with the State Open Public Meetings Act. The Commission Chairperson
shall instruct the Secretary to personally or telephonically contact
the Commission members to inform them of the time, date, and location
of the emergency meeting and the purpose of the emergency meeting.
(1)
Emergency meetings shall be convened for such instances as pending
demolition permits to designated historic sites in the Borough or
such other circumstances that warrant the immediate action of the
Commission.
(2)
In the case of any emergency meetings, all of the requirements for
the transaction of business during a regular scheduled meeting shall
apply.
A.
Survey. The Commission shall maintain a comprehensive survey of the
Borough of Swedesboro to identify historic landmarks and historic
districts that are worthy of protection and preservation.
B.
Criteria for designation. The criteria for evaluating and designating
historic landmarks and historic districts 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; or
(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, artists, 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)
Ability or potential ability to yield information important in prehistory
or history; or
(9)
Ordinarily cemeteries, birthplaces or graves of historical figures,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed
historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50
years shall not be considered eligible for designation as a landmark.
However, such properties will qualify if they are integral parts of
districts that do meet the criteria or if they fall within the following
categories:
(a)
A religious property deriving primary significance from architectural
or artistic distinction or historical importance; or
(b)
A building or structure removed from its original location but
which is significant primarily for architectural value, or which is
the surviving structure most importantly associated with an historic
person or event; or
(c)
A birthplace or grave of an historical figure of outstanding
importance if there is no other appropriate site or building directly
associated with his/her productive life; or
(d)
A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, from distinctive
design features, or from association with historic events; or
(e)
A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
(f)
A property primarily commemorative in intent if design, age,
tradition, or symbolic value has invested it with its own historical
significance; or
(g)
A property achieving significance within the past 50 years if
it is of exceptional importance.
C.
Procedures for designation.
(1)
Persons wishing to make a nomination shall contact the Commission
Secretary regarding consideration of a proposed historic landmark
or historic district. The Commission may also initiate the designation
of an historic landmark or historic district. The Commission will
schedule a hearing to review the proposed historic landmark or historic
district.
(2)
A nomination to propose an historic landmark shall include the following
information which addresses the criteria for designation as set forth
herein:
(3)
A nomination to propose an historic district shall include the following
information which addresses the criteria for designation as set forth
herein:
(a)
A building-by-building inventory of all properties within the
district; and
(b)
A photograph, preferably black and white, of all properties
within the district; and
(c)
A copy of the Municipal Tax Map of the district showing boundaries;
and
(d)
A physical description of the proposed district; and
(e)
A statement of significance.
(4)
Following receipt of a nomination to propose an historic landmark
or historic district, the Commission shall schedule a public hearing
on the proposed designation.
(5)
At least 14 days prior to the public hearing, the Commission shall,
by personal service or certified mail, perform the following:
(a)
Notify the owner(s) of record of a property that has been proposed
for historic landmark designation, or the owner(s) of record all properties
located within a district that has been proposed for historic district
designation, that the property or district, as applicable, is being
considered for such designation and the reasons therefor;
(b)
Advise the owner(s) of record of the significance and consequences
of such designation, and of the rights of the owner(s) of record to
contest such designation under the provisions of this chapter;
(c)
Notify the owner(s) of record of the date, time and location
of the hearing concerning the proposed designation of the property
or district; and
(d)
Serve any further notices as may be required under the provisions
of the Municipal Land Use Law.
(6)
At least 14 days prior to the public hearing, the Commission shall
also cause public notice of the hearing to be published in the official
newspaper of the Borough.
(7)
At least 14 days prior to the public hearing, a copy of the nomination
report shall also be made available for public inspection in the Municipal
Offices of the Borough.
(8)
At the public hearing scheduled in accordance with this chapter,
the Commission shall review the nomination report and accompanying
documents. Interested persons shall be given the opportunity to be
heard and to comment on the proposed nomination for designation.
(9)
Designation of an historic district shall not proceed over the objection
of 51% of the property owners, in accordance with the procedural guidelines
set forth by the National Register of Historic Places.
(10)
If the proposed nomination is approved by the Commission, then
the Commission shall forward a report concerning the proposed historic
landmark or historic district to the Borough Council, which shall
contain a statement of the Commission's recommendations and the
reasons therefor. Borough Council action on designating an historic
landmark or an historic district shall then be otherwise subject to
those procedures and statues which apply to a change of a zoning designation
and the adoption, revision or amendment of any development regulation.
(11)
All other requirements of the Municipal Land Use Law regarding
adoption of development regulations shall be followed.
(12)
Upon adoption of an ordinance by the Borough Council designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Master Plan and Chapter 340, Zoning, of the Code of the Borough of Swedesboro as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning and Zoning Offices, as well as the offices of the Construction Code Official, the Borough Tax Assessor and the Borough Clerk.
(13)
Amendments to historic landmark or historic district designations
may be made in the same manner as they were adopted in accordance
with the provisions of this chapter.
A.
Representation of parties. Any owner or owners and all persons having
a legal and equitable interest in any property which has been proposed
for designation, or is designated, as a local landmark, or for which
an application for a building permit, site plan or subdivision has
been made to the municipality, may appear in person or be represented
by an authorized agent or attorney at any public hearing scheduled
by the Swedesboro Historic Preservation Advisory Commission.
B.
Order of procedure. The order of procedure at all public hearings
of the Swedesboro Historic Preservation Advisory Commission shall
be as follows:
(1)
Opening of the hearing by the Chairperson;
(2)
Incorporation in the record of the notice of hearing, in accordance
with the Open Public Meeting Act of the State of New Jersey;
(3)
Statement by the Chairperson summarizing the items on the agenda
for the meeting;
(4)
Approval of minutes of previous meetings;
(5)
Review and approval of any resolutions memorializing decisions reached
on applications at previous meetings;
(6)
Applications that were heard previously by the Commission and carried
to the next hearing date shall be heard under "Old Business";
(7)
Applications not previously heard by the Commission shall be heard
under "New Business."
(a)
Upon calling the case of a new application, the applicant, or
the authorized agent or attorney, shall indicate to the Commission
who will be representing the applicant at the hearing and who will
be offering testimony regarding that application.
(b)
An opening statement will be made by the Chairperson or the
staff of the Commission regarding the application, specifically, what
documents and evidence have been submitted to the Commission prior
to the hearing date.
(c)
An opening statement will be made by the owner, authorized agent
or attorney representing the applicant, setting forth the overall
intent of the proposed activities to be undertaken on the property
in question.
(d)
Following the opening statements, presentations will be made
by the identified witnesses and evidence will be given in support
of the proposed activities that directly relate to the property which
is the subject of the hearing. Documents and other physical evidence
that will be submitted to the Commission shall be appropriately designated
by the Commission Secretary, using a consecutive numbering system.
(e)
The opportunity to cross-examine such witnesses as may appear
in support of the application shall be offered first to members of
the public attending the hearing, and then to members of the Commission
and then to Commission staff.
(f)
Following the presentation of evidence in support of the application,
and the cross-examination of any witnesses, statements, if any, of
other interested persons, either for or against the proposed activities,
will be heard by the Commission. Such statements shall be limited
to such length of time as the Commission shall designate.
(g)
Final disposition of any matter subject to public hearing before
the Historic Preservation Advisory Commission shall be in accordance
with the applicable provisions contained within the Historic Preservation
Ordinance of Swedesboro. Copies of said final determinations shall
be distributed in conformity with the provisions of said ordinance.
If the vote taken on a specific application results in a tie, said
vote will be deemed equivalent to a negative of the proposition subject
to vote, and a resolution shall be formally entered into the record
noting said fact.
(h)
Following the presentation of the oral summation, the Commission
shall enter into public deliberations regarding the testimony, offered,
evidence submitted, and any issues raised by the public, the Commission
members or Commission staff relating to the activities proposed to
be undertaken by the applicant. Based upon these deliberations, the
Commission shall render a decision either approving or denying the
application. In the case of approval, conditions for that approval
can be made as a part of the record. In either case, the Commission
shall, at the following meeting, pass a resolution memorializing its
decision and setting forth the testimony offered, evidence entered
in the record, findings of fact, and the conclusions reached on the
application.
(8)
Following the conclusion of all new business to come before the Commission,
the Commission shall take up such other business as may require its
attention, including but not limited to: new grant applications; existing
grant application projects; seminars; consideration of ordinance changes;
consideration of new structures for designation as local landmarks,
etc.
(9)
Following the discussion of such additional business as noted above,
the Commission shall open the meeting to receive any comments or questions
from the general public as may be in attendance at the meeting.
(10)
Following the presentation to the Commission by any members
of the public, the Chairperson shall declare, upon a motion duly made
and seconded, that the meeting be adjourned.
C.
Time limits. The Swedesboro Historic Preservation Advisory Commission
may, in its discretion, impose reasonable time limits upon the presentation
of evidence and statements. The Chairperson of the Commission, at
his/her discretion, may alter the order of procedure as circumstances
may require and warrant.
D.
Witnesses. All testimony offered by witnesses shall be given under
oath of affirmation and said testimony may be given by question and
answer method or, at the Chairperson's discretion, in statement
form. Persons wishing merely to state a position for or against a
proposed application need not be placed under oath or affirmation,
except as may be directed by the Commission Chairperson.
E.
Exhibits. Exhibits shall be marked for identification and shall be
offered in an orderly fashion, they shall be made available for examination
by any and all parties of interest. Leave to file post-hearing exhibits
or information may be sought at the hearing, or thereafter in writing,
which may be granted by the Chairperson. In the event leave to file
post-hearing exhibits or information is granted, copies shall be served
upon interested parties or representatives in person, or by United
States mail, by certified return receipt, together with a signed statement
that this rule has been complied with, which shall be attached to,
or shall accompany, such documents submitted.
F.
Evidence. Hearings shall be conducted in such a manner as shall result
in a just and lawful determination of the issues as promptly as circumstances
shall permit. The Commission shall make determinations as to the relevance
and materiality of evidence. The Commission may require a preliminary
statement of the nature of the evidence proposed to be elicited from
any witness.
A.
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Advisory Commission
shall be required before a permit is issued by any of the following,
or, in the event no other type of permit is otherwise required, before
any work can commence on any of the following activities on the property
of any landmark or within any historic district:
(1)
Demolition of an historic landmark or of any improvement within any
historic district.
(2)
Relocation of any historic landmark or of any improvement within
any historic district.
(3)
Change in the exterior appearance of any existing landmark or of
any improvement within any historic district by addition, alteration
or replacement.
(4)
Any new construction of a principal or accessory structure.
(5)
Changes in or addition of new signs or exterior lighting, except
that no certificate of appropriateness shall be required for one unlit
facade sign per premises if the surface area of such sign does not
exceed 1 1/2 square feet.
B.
Exceptions. A certificate of appropriateness shall not be required
for any repainting, repair or exact replacement of any improvement
in the following situations:
(1)
A certificate of appropriateness shall not be required before a permit
is issued by the Construction Code Official for changes to the interior
of a structure.
(2)
A certificate of appropriateness shall not be required for exterior
or interior painting of existing structures.
(3)
A certificate of appropriateness shall not be required if, in the
opinion of the Commission, the work contemplated constitutes "ordinary
maintenance and repair" as defined by this chapter. In such cases,
and if a permit is required for the proposed work, the Commission
shall promptly notify the Construction Code Official that a certificate
of appropriateness is not required as a prerequisite to the issuance
of the permit.
(a)
In terms of an exact replacement of finishes, materials or architectural
elements, it is understood that the Historic Preservation Advisory
Commission would prefer an applicant to maintain, stabilize, and repair
the original or existing finishes, materials, or architectural elements
before considering the replacement of same. However, should the original
or existing finishes, materials, or architectural elements be of such
a deteriorated condition as to require replacement, the new finishes,
materials or architectural elements should be designed and installed
to replicate the material, color, size, contour, configuration and
design of that which is being replaced.
(b)
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 Borough 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, safety and welfare
of the occupants of the historic landmark, and/or to maintain the
habitability of the landmark as determined by the Borough Construction
Code Official. In such cases, the property owner shall immediately
notify the Commission of such repairs. A request for 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 provisions for emergency review with cases of extreme emergency
which call for extensive repairs or alterations.
A.
Application procedure. Application for a certificate of appropriateness
shall be made on forms available from either the Borough Clerk or
the Secretary of the Historic Preservation Advisory Commission. Completed
applications shall be delivered to the Secretary of the Historic Preservation
Advisory Commission at Borough Hall.
B.
Application information and supporting documents. Applications for
a certificate of appropriateness shall include the following:
(1)
All forms completed by the applicant.
(2)
The following exhibits:
(a)
Where new construction is proposed, an overall site plan layout,
at a scale of one inch equals 20 feet, showing the location of all
adjacent properties.
(b)
Sufficient color photographs of all adjacent properties and
buildings within a minimum of 60 feet of the landmark property lines.
Each photograph shall be properly identified and referenced on the
site plan.
(c)
Elevation drawings may be optional at the Commission's
request. All building elevations required shall be at a minimum scale
of 1/8 inch equals one foot, and shall include the outline of each
adjacent building at the same scale.
(d)
Applicants should be prepared to furnish the Commission with
manufacturer's catalog cuts as well as specifications for products
to be used.
C.
Time frame of decision by Commission. The Historic Preservation Advisory
Commission shall reach a decision on the application within 45 days
after the Secretary has declared an application to be complete; otherwise
the application shall be deemed to have been approved. Nothing herein
shall prohibit an extension of time by mutual agreement of the applicant
and the Historic Preservation Advisory Commission. The Historic Preservation
Advisory Commission may advise the applicant and make recommendations
in regard to the appropriateness of proposed action, and may grant
approval upon such conditions as it deems appropriate within the intent
and purpose of the section of this chapter.
D.
Demolition. The Historic Preservation Advisory Commission may postpone
demolition of a landmark or an improvement within an historic district
for a period of 12 months. No Borough official shall issue a demolition
permit for a landmark or improvement within an historic district without
approval from the Historic Preservation Advisory Commission. If the
Historic Preservation Advisory Commission determines to postpone demolition,
it shall promptly initiate such actions as may lead to the preservation
of the landmark or improvement.
E.
Rationale. If an application is approved, the Historic Preservation Advisory Commission shall forthwith issue a certificate of appropriateness. The Historic Preservation Advisory Commission shall state its reasons, in writing, in resolution form within 10 days of such a decision. This ten-day period shall not be considered part of the forty-five-day period established for reaching a decision in accordance with § 183-7C above. In case of disapproval, the Historic Preservation Advisory Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefor, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Advisory Commission's action shall be published by the Borough of Swedesboro in the official newspaper within 10 days of such action.
F.
Distribution. The Secretary of the Historic Preservation Advisory
Commission shall forward a copy of the Commission's written action,
on an application, to the Construction Code Official and the Borough
Planning Board or Joint Land Use Board if either body is also reviewing
the application within 10 days of the Commission's decision.
In making its determinations and recommendations, the Historic
Preservation Advisory Commission shall take into consideration specific
standards, as set forth below:
A.
Demolitions. 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, archaeological, and/or aesthetic significance.
(2)
Its use.
(3)
Its importance to the Borough and the extent to which its historical,
architectural or archaeological value is such that its removal would
be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote the general welfare
by maintaining real estate values, generating business, creating new
jobs, attracting tourists, students, writers, historians, artists
and artisans, attracting new residents, encouraging study and interest
in American history, stimulating interest and study in architecture
and design, educating citizens in American culture and heritage, or
making the Borough a more attractive and desirable place in which
to live.
(6)
If it is within an historic district, the probable impact of its
removal upon the ambience of the historic district.
B.
Removals out of the Borough. In regard to an application to move
an historic landmark or any structure in an historic district to a
location outside of the Borough, the following matters shall be considered:
(1)
The historic loss to the site of the original location.
(2)
The compelling reasons for not retaining the landmark or structure
at its present location.
(3)
The proximity of the proposed new location of the Borough, including
the accessibility to the proposed new location to the Borough, including
the accessibility to the residents of the Borough and other citizens.
(4)
The probability of significant damage to the landmark or structure
itself, as a result of the move.
C.
Removals within the Borough. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the following matters shall be considered in addition to the matters set forth in § 183-8B of this chapter:
D.
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into an historic district, or to construct a new structure or add to or alter an existing structure within an historic district, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 183-8G of this chapter.
E.
Considerations on other actions. In regard to an application for approval of any proposed action, as set forth in Section 183-6 of this chapter, the following matters shall be considered:
(1)
If an historic landmark or a structure in an historic district is
involved:
(a)
The impact of the proposed change on its historic and architectural
character.
(b)
Its importance to the Borough and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest.
(c)
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within an historic district
from a public street.
(4)
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places, and structures to which it would be visually related in terms of the visual compatibility factors set forth in § 183-8G of this chapter.
F.
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered, but in no instance shall interior
arrangement be considered.
G.
Visual compatibility factors. The following factors shall be used
in determining the visual compatibility of a building, structure or
appurtenance thereof with the buildings and places to which they are
visually related and shall be known as "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 elevation
shall be visually compatible with the buildings and places to which
it is visually related.
(3)
Proportion of openings within the facility. The relationship of the
width of the windows to the height of the windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
(4)
Rhythm of solids to voids on front facade. The relationship of solids
to voids in the front facade of a building shall be visually compatible
with the buildings and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and the adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship of
the entrance or entrances and the porch projections to the street
shall be visually compatible with the buildings and places to which
it is visually related.
(7)
Relationship of materials, texture, and color. 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
the buildings to which it is visually related.
(8)
Roof shapes. The roof shapes of a building shall be visually compatible
with the buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building such as walls, open-type
fencing, and evergreen landscape masses 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 building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
(11)
Directional expression of front facade. 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)
Siting. New buildings should have the same relative placement
on the lot as the older structures and the set back distance from
the street should be equal.
(13)
Exterior features. A structure's related exterior features
such as lighting, fences, signs, sidewalks, driveways, and parking
areas shall be compatible with the features of those structures to
which it is visually related.
A.
Approved certificate of appropriateness deemed positive recommendation.
If a certificate of appropriateness has been issued for an application
that requires approval of the Planning Board or the Joint Land Use
Board, the certificate of appropriateness shall be deemed to be a
positive recommendation to the Planning Board or the Joint Land Use
Board as to the historic preservation aspects of the matter before
the Planning Board or the Joint Land Use Board.
(1)
The Planning Board or Joint Land Use Board may, nevertheless, affirm
or deny the application based on the entire record before it, notwithstanding
the certificate of appropriateness as to the historic preservation
aspects.
B.
Denials of certificate of appropriateness.
(1)
When the Commission denies certification on a development application,
notice of such action and a full report on the reasons for the decision
shall be sent to either the Joint Land Use Board or the Planning Board,
depending on which Board is hearing the application. The applicant
shall have the right to appeal the denial to the Planning Board or
Joint Land Use Board.
(2)
All other appeals of denials of a certificate of appropriateness
shall be to the Planning Board.
C.
Right of judicial review. Nothing herein shall be deemed to limit
the right of judicial review of the Borough action after an appeal
is concluded by the Joint Land Use Board of the Borough of Swedesboro.
D.
Appeals. Appeals from determinations of the Construction Code Official
pursuant to the Historic Preservation Advisory Commission's decision
may be made by the applicant to the Joint Land Use 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 Joint Land Use 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 subsection, the Joint Land Use Board
determines there is an error in any order, requirement, decision or
refusal made by the Construction Code Official pursuant to a determination
rendered by the Historic Preservation Advisory Commission, the Joint
Land Use Board shall, in writing, include the reasons for its determination
in the findings of its decision thereon.
E.
Posting. 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.
F.
Inspection. When a certificate of appropriateness has been issued,
the Construction Code Official or his/her 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.
G.
Expiration. 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.
H.
Violations. 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.
I.
Minor applications. The Chairperson of the Historic Preservation
Advisory Commission, or other designated member(s) of the Commission
acting on the Chairperson's behalf, may review applications for
minor work ("minor applications") without holding a public hearing.
If the Chairperson finds the application appropriate, he/she may act
in place of the full Commission without the necessity of a public
hearing and is authorized to issue a certificate of appropriateness
to the Construction Code Official for said minor work. The Construction
Code Official shall then authorize the applicant to proceed and issue
any required permit associate therewith. If the Chairperson does not
find the application appropriate, the application shall be scheduled
for a public hearing before the full Commission.
J.
Emergency procedures.
(1)
When an historic landmark or an 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 Code 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.
(2)
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 Code Official
pursuant to the procedures set forth above.
(3)
It should be noted that the procedures outlined in this subsection
should be strictly limited to those circumstances which, in the opinion
of the Construction Code 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 Code Official and
Historic Preservation Advisory Commission pursuant to the procedures
set forth above.
K.
Requirements of obtaining certificates of appropriateness for government
actions.
(1)
It is recognized that the intent and purposes of this chapter would
not be fully served if the municipality and other governmental agencies
were to control the actions of others but fail to apply similar constraints
to itself. The Borough of Swedesboro, when it plans to undertake any
work on any municipally owned historic landmark or on any municipally
owned property in an historic district, shall submit such plans to
the Historic Preservation Advisory Commission and shall receive an
advisory report on the appropriateness of those plans before undertaking
the work.
(2)
In those circumstances where the Borough cannot require compliance,
as in certain cases involving the county, state and federal governments,
the Borough most strongly urges the voluntary cooperation of such
agencies in seeking a certificate of appropriateness and hereby authorizes
the Commission to consider such requests and applications. This does
not relieve the property owner from complying with applicable state
and federal regulations regarding historic preservation.
A.
Any person who shall undertake any activity in relation to a landmark
or improvement within an historic district without first having obtained
a certificate of appropriateness shall be deemed to be in violation
of this chapter.
B.
Service of notice of violation. Upon learning of the violation, the
Construction Code Official shall personally serve 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 landmark or improvement to its status quo ante. If
the owner cannot be personally served within the Borough with the
said notice, a copy of same shall be posted on the site in question
and a copy be sent by certified mail, return receipt requested, to
the owner at his/her last known address, as it appears on the Borough
tax rolls.
C.
Issuance of summons and complaint. In the event that the violation
is not abated within the specified ten-day period following service
and/or posting on the site in question, whichever is earlier, the
Construction Code Official shall cause to be issued a summons and
complaint, returnable in the Municipal Court, charging violation of
this chapter. Each separate day the violation exists shall be deemed
to be a new and separate violation of this chapter.
D.
E.
Injunctive relief. In the event that any action which would permanently
and/or adversely change the landmark or historic district, such as
demolition or removal is about to occur without a certificate of appropriateness
having been issued, the Construction Code Official is hereby authorized
to apply to the Superior Court of New Jersey for such injunctive relief
as is necessary to prevent the destruction of any landmark.
A.
Recognizing the need for preventive maintenance to ensure the continued
useful life of landmarks and structures in historic districts, the
Borough Council of the Borough of Swedesboro hereby declares that
code enforcement in relation to landmarks and structures in historic
districts is a high Borough priority.
B.
Deterioration and service of notice of violation. In the event that
any landmark or improvement in an historic district deteriorates to
the point that, in the best estimate of the Borough Construction Code
Official, the cost of correcting the outstanding code violations equals
more than 25% of the cost of replacing the entire improvement on which
the violations occur, the Construction Code Official shall serve personally
or by certified mail, return receipt requested, a notice on the owner
of the landmark listing the violations, the estimate for their abatement,
and the replacement cost of the improvement and stating if the owner
does not take all necessary remedial action within 90 days, or such
extensions of time as the Construction Code Official shall for good
cause grant, the Borough may at the expiration of the 90 days period,
enter upon the property in question and abate the violations itself
and cause the cost thereof to become a lien on the property.
C.
Request for hearing by property owner. Upon receipt of such notice
from the Borough Construction Code Official, the owner may, within
10 days after such a receipt, notify the Construction Code Official
of his/her wish to have a hearing as to the allegations and estimates
set forth in the Construction Code Official's notice. Such hearing
shall be conducted by the Planning Board and shall, so far as possible,
be a formal adversary proceeding in which the Planning Board shall
establish the matters alleged in the notice by a preponderance of
the evidence.
D.
No request for hearing. If the owner does not request a hearing, the procedures set forth above shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 183-10B of this chapter.
E.
Violation abatement by Borough. Thereafter, if the owner of the property
in question does not comply, the Construction Code Official may enter
onto the premises and, by use of Borough labor or outside contractors
or both, perform such work as is necessary to abate all violations.
(1)
The Construction Code Official shall then certify to the Borough
Council of the Borough of Swedesboro the cost of such work, plus all
administrative, clerical and legal costs and overhead attributable
thereto and shall present same to the Borough Council of the Borough
of Swedesboro.
(2)
The Borough Council of the Borough of Swedesboro may, by resolution,
vote to cause the sum so certified to become a lien upon the landmark
property in question, payable with the next quarter's property
taxes and, if not paid, bearing interest at the same rate as delinquent
taxes.
It shall be the duty of all Borough officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such applications involve any activity which
should also be the subject of an application for a certificate of
appropriateness, and, if it should, to inform, in writing, both the
Secretary of the Commission and the applicant in a timely fashion.
A.
The properties hereinafter set forth are the designated list of landmarks and historic sites established by the Historic Preservation Advisory Commission of the Borough of Swedesboro pursuant to § 183-4 of this chapter.
(1)
Individual properties recognized by their listing on the New Jersey
Register of Historic Places and/or the National Register of Historic
Places:
|
(a)
|
Richardson Avenue School (NJ HPO ID#3221)
Richardson and Second Avenues
NR: 6-18-1998 (NR Reference #: 98000703)
NJR: 4-24-1998
| |
|
(b)
|
John C. Rulon House (NJ HPO ID#3703)
1428 Kings Highway
NR: 11-22-2000 (NR Reference #: 00001404)
NJR: 10-12-2000
| |
|
(c)
|
Trinity Church (NJ HPO ID#1415)
NW Corner of Church Street and King's Highway
NR: 1-25-1973 (NR Reference #:73001098)
NJR: 5-1-1972
| |
|
(d)
|
Vanleer Cabin (NJ HPO ID#1416)
1129 Kings Highway
NJR: 3-30-1972
|
B.
A map depicting the aforesaid designated list of landmarks and historic
districts, entitled "Historic District and Landmarks" as approved
by the Swedesboro Historic Preservation Advisory Commission, shall
be maintained in the Borough Clerk's office for public inspection.
Said map may be revised, from time to time, pursuant to ordinance,
to include additional landmarks and historic districts.
A.
Nothing contained within this chapter shall supersede the powers
of other local legislative or regulatory bodies or relieve any property
owner of complying with the requirements of any other state statutes
or municipal ordinances or regulations.
B.
In the event of any inconsistency, ambiguity or overlapping of requirements
between these provisions and any other requirements enforced by the
municipality, the more restrictive shall apply, to the effect that
state and/or federal legislation has not preempted the municipality's
power to enforce more stringent standards.
C.
This chapter's requirements should not be viewed as requiring or
prohibiting the use of any particular architectural style, rather
the purpose is to preserve the past by making it compatible with and
relevant to the present. To that end, new construction in or near
an historic building and/or structure should not necessarily duplicate
the style, rather it should be compatible with and not detract from
the building, structure, neighborhood and its environment.
D.
In no case shall this chapter be interpreted to review or regulate
activities for repair or installation of public utility lines, including
water, sewer, telephone, gas, electric; or any underground improvement;
any other utility improvement that does not affect the exterior of
an existing structure or does not constitute a new building or structure;
or improvements within the public right-of-way.
E.
If any section, paragraph, subsection, clause or provision of this
chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged, and the remainder of this chapter shall be
deemed valid and effective.
F.
This chapter shall take effect upon final adoption, publication,
and the filing of a copy of said chapter with the Gloucester County
Planning Board, all in accordance with law.
