This article shall be known by and may be referred to as the
"Historic Preservation Ordinance of the Township of Maplewood."
There is hereby created in and for the Township of Maplewood
("Township" or "Maplewood") a commission to be known as "The Historic
Preservation Commission" ("Commission") whose primary purpose is to
identify historic sites and districts within the boundaries of the
Township and to recommend their designation. Upon designation by the
Township Committee, it will be the duty of the Commission to work
with property owners to ensure that any alterations or additions to
their property maintain the Township's strongly cohesive neighborhoods
and preserve the significant historic fabric of Maplewood.
The provisions of this article are intended to effect and accomplish
the identification, protection, enhancement and perpetuation of noteworthy
examples or elements of the Township's environment in order to advance
the following public purposes:
A. Safeguard the heritage of Maplewood by preserving resources within
the Township that reflect elements of its cultural, social, economic
and architectural history.
B. Recognize and promote an appreciation of historic sites within the
Township for the education, economic benefit and pleasure of the local
population.
C. Maintain and develop an appropriate and harmonious context for the
historic and architecturally significant buildings, structures, sites,
objects and districts located within the Township.
D. Encourage appropriate alterations of historic sites and improvements
within historic districts in order to maintain the sense of cohesive
neighborhoods which exists in Maplewood and to prevent new construction
on these sites and districts which is not in keeping with the character
of these neighborhoods.
E. Regulate appropriate alterations of historic sites as well as alterations
or new construction within an historic district to ensure compatibility
with the existing built environment and to discourage unnecessary
demolition or other destruction of historic resources.
As used in this article, the following terms shall have the
meanings indicated:
ADDITION
An extension or increase in building size, floor area or
height.
ADMINISTRATIVE OFFICER
The construction official who is in charge of the granting
of construction and demolition permits in the Township.
[Amended 6-18-2024 by Ord. No. 3123-24]
ALTERATION
Any change in the exterior architectural features of any
improvement or addition.
APPLICATION
A request to the Commission made pursuant to this article
for the purposes of obtaining a certificate of appropriateness, minor
work permit, or other action by the Commission hereunder specified.
CERTIFICATE OF APPROPRIATENESS
The document issued pursuant to this article that is required
before major work commences on any historic site or any building,
structure, site or object located within an historic district.
COMMISSION
The Historic Preservation Commission established pursuant
to the provisions of this article.
DEMOLITION
The partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any building, structure,
object or site. Demolition includes the removal of a building, structure
or object from its site or the removal or destruction of the facade
or surface.
DESIGNATED SITE OR DISTRICT
An individual building, structure, site, object or contiguous
ground thereof which has been designated as having historical, architectural,
cultural, aesthetic or other significance pursuant to the provisions
of this article. See "Historic District."
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation or enlargement of any building or other structure and any
use or change in the use of any building or other structure, or land
or extension of use of land for which permission may be required pursuant
to the Municipal Land Use Law. (See N.J.S.A. 40:55D-4.)
HISTORIC
Having historical, architectural, cultural, aesthetic or
other significance as defined by the provisions of this article.
HISTORIC DISTRICT
A geographic area with distinctly definable boundaries composed
of several buildings or sites which has acquired a unity of character
through the interrelationships of the component buildings and sites
and has been designated as having historical, archaeological, cultural,
scenic, architectural or other significance pursuant to the provisions
of this article.
HISTORIC SITE
A building, structure, site or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage or cultural characteristics of the Township,
state or nation and which has been designated as an historic site
pursuant to the provisions of this article.
IMPROVEMENT
A building or other structure or any work constituting a
man-made alteration of, or addition to, any site.
INTEGRITY
The authenticity of the historic identity of a building,
structure, site, object or district evidenced by the survival of the
physical characteristics that existed during its historic or prehistoric
period.
MAJOR WORK
Work performed on the exterior of an historic site or a building, structure, site or object within an historic district involving new construction, exterior alterations, replacements or any change in the exterior architectural appearance, demolition or relocation, as specifically defined in §
271-80B of this article. Major work requires a certificate of appropriateness pursuant to this article.
MASTER PLAN
The Master Plan of the Township of Maplewood, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
MINOR WORK
Work performed on an historic site or building, structure, site or object within an historic district as specifically defined in §
271-80C of this article. Minor work requires a permit for minor work pursuant to this article.
MUNICIPAL LAND USE LAW
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.
NATIONAL REGISTER OF HISTORIC PLACES
The official list of the nation's cultural resources worthy
of preservation. It includes districts, sites, buildings, structures
and objects significant in American history, architecture, archaeology,
engineering and culture. It is administered by the National Park Service
under the Secretary of the Interior and provides a process by which
the effects of any undertaking by the federal government must be reviewed.
NEW JERSEY REGISTER OF HISTORIC PLACES
Established in 1970, it is a list of districts, sites, buildings,
structures and objects deemed significant to New Jersey. It is administered
by the New Jersey Historic Preservation Office (HPO). It provides
review of all registered properties in undertakings by the state,
counties or municipalities.
OBJECT
A material thing of functional, aesthetic, cultural, historic,
scenic or scientific value that may be, by nature or design, movable
yet related to a specific setting or environment.
ORDINANCE
A legislative act of the governing body of a municipality
adopted in accordance with statutory requirements as to notice, publicity
and public hearing as required by law.
OWNER
Any person(s) or organization having a right, title or interest
in any property so as to be legally entitled, upon obtaining such
permits and other authorizations as may be required pursuant to law,
to perform construction, alteration, removal, demolition or other
work with respect to such property.
PERMIT
Any required governmental approval, including, but not limited
to approval of exterior change, construction, demolition or zoning
permit.
PERMIT FOR MINOR WORK
The document issued pursuant to this article upon approval
of an application to perform minor work.
PRESERVATION
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure and the existing
form and landscape features of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
RECONSTRUCTION
The act or process of reproducing by new construction the
exact form and detail of a vanished or nonsurviving building, structure
or object, or any part thereof, as it appeared at a specific period
of time when documentary and physical evidence is available to permit
accurate reconstruction.
REHABILITATION
Any repair or alteration that preserves significant historical
or architectural features.
REPLACEMENT IN KIND
Any repair that uses materials, finishes and installation
techniques to accurately replicate the existing construction.
RESTORATION
The historically accurate repair or replacement of architectural
features.
STREETSCAPE
The visual character of the street, including but not limited
to the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
SURVEY
The listing and accompanying documentation of buildings,
structures, objects, sites and districts located within the Township
of Maplewood which is conducted by the Commission for the ascertainment
of their historical, architectural, cultural or other significance
pursuant to the provisions of this article.
The powers and duties of the Commission shall be as follows:
A. To survey buildings, structures, objects, sites and districts located within the Township, and to research and evaluate them for their significance in accordance with the criteria established as set forth in §
271-79A of this article.
B. To maintain and expand, when appropriate, a comprehensive list of
such buildings, structures, objects, sites and districts that may
be worthy of designation under the provisions of this article.
C. To propose to the Township Committee those buildings, structures,
objects, sites and districts located within the Township which it
has found to be worthy of historic site designation and hence should
be subject to the provisions of this article. Actual nomination to,
a finding of eligibility for or listing on the National or State Register
of Historic Places is not necessary for the provisions of this article
to take effect once a property has been designated as significant.
D. To apply for, receive, retain or expend, upon resolution by the Township
Committee, any federal, state or private grant, grant-in-aid, gift
or bequest in furtherance of this article and to obligate the expenditure
of the funds which the Commission may have, or may be appropriated
to it, regardless of whether such expenditure will be made in the
current fiscal year. Any such moneys given to the Commission shall
be added to the Commission's existing budget and shall not be added
to the Township's general fund unless the funds may be used for operating
expenses, in which case the Township Committee will determine whether
to use such funds to offset appropriated funding.
E. To make recommendations to the Planning Board and Township Committee
in the preparation and periodic updating of the historic preservation
element of the Master Plan of the Township, including, but not limited
to, the addition or deletion of historic sites and districts identified
in the Township's Master Plan; to advise the Planning Board on the
historic preservation implications of any proposed or adopted elements
of the Township Master Plan; and to advise the Planning Board and
Township Committee on the historic preservation implications of any
proposed or adopted zoning or development ordinances.
F. To advise and assist Township officers, employees, boards and other
bodies, including those at the county, state and federal levels, on
all matters which have potential impact on the historic buildings,
structures, objects, sites or districts in the Township or on the
physical character and ambience of any portion of the Township.
G. To review and approve or disapprove of all applications for certificates of appropriateness or permits for minor work pursuant to the provisions of this article as provided under §
271-82 and to provide written reports to the Administrative Officer on same.
H. To draft and/or recommend to the Township Committee and the Planning
Board ordinances or amendments to existing ordinances that would resolve
any conflicts that may exist between the preservation principles of
this article and the ordinances and regulations of the Township.
I. To advise the Township Committee and the Planning Board on the relative
merits of proposals involving the use of public funds to restore,
preserve and protect historic buildings, structures, objects and sites,
including the preparation of the long-range plans therefor; securing
state, federal and/or other grants or assistance in support of such
projects; and to monitor such projects once underway.
J. To increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
K. To cooperate with local, county, state or national societies, governmental
bodies and organizations to maximize the contributions of the Commission
in accordance with the intent and purposes of historic preservation.
L. To make information available to residents of historic buildings
or districts concerning guidelines for rehabilitation and design criteria
for new construction established under this article.
M. To seek any benefits which may be granted under the National Historic
Preservation Act, as amended, or any other state or federal legislation,
including, but not limited to, the benefits which flow to communities
under the Certified Local Government Program with regard to training,
grant funding and technical assistance.
N. To review all proposed nominations for the National Register of Historic
Places of property within the Township of Maplewood.
O. To notify the Administrative Officer of any violation of provisions
of this article.
P. To advise the Planning Board and the Zoning Board of Adjustment on
applications for development within an historic district or an historic
site.