[Added 10-19-2010 by Ord. No. 2644-10]
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:
An extension or increase in building size, floor area or
height.
The construction official who is in charge of the granting
of construction permits in the Township.
Any change in the exterior architectural features of any
improvement or addition.
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.
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.
The Historic Preservation Commission established pursuant
to the provisions of this article.
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.
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."
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.)
Having historical, architectural, cultural, aesthetic or
other significance as defined by the provisions of this article.
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.
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.
A building or other structure or any work constituting a
man-made alteration of, or addition to, any site.
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.
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.
The Master Plan of the Township of Maplewood, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.[1]
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.
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 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.
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.
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.
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.
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.
Any required governmental approval, including, but not limited
to approval of exterior change, construction, demolition or zoning
permit.
The document issued pursuant to this article upon approval
of an application to perform minor work.
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.
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.
Any repair or alteration that preserves significant historical
or architectural features.
Any repair that uses materials, finishes and installation
techniques to accurately replicate the existing construction.
The historically accurate repair or replacement of architectural
features.
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.
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Size. The Commission shall consist of seven members and two alternates
appointed by the Township Committee.
B.
Membership. The Commission positions shall be filled by at least
one member from each of the following categories. Class A and Class
B members may reside outside the municipality.
(1)
Class A: persons who are knowledgeable in building design and construction
or in architectural history.
(2)
Class B: persons who are knowledgeable or have a demonstrated interest
in local history.
(3)
Class C: persons who are residents of the Township and who hold no
municipal office or employment. At least four members of the Commission
shall be Class C members.
C.
Alternates. Alternate members shall meet the qualifications of Class
C members and shall be designated "Alternate No. 1" and "Alternate
No. 2." The 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.
D.
Compensation. Members shall serve without compensation, except that
the Commission members shall be reimbursed for reasonable and necessary
expenses incurred in the performance of official business, including
attendance at annual training sessions and/or programs that relate
to historic preservation, within the guidelines of the budget established
by the Township Committee.
E.
Terms. Commission members shall be appointed by the Township Committee
and shall serve for four-year terms, except that of the initial members
appointed, one member shall serve for one year, two members shall
serve for two years and two other members shall serve for three years.
The alternate members shall serve two-year terms. All members may,
at the expiration of their initial terms, be eligible for appointment
to full terms. Vacancies shall be filled within 60 days, and the appointee
must meet the same qualifications as the previous incumbent, and such
vacancy appointment shall be for the balance of the unexpired term.
F.
Procedures. The Commission shall adopt internal rules and procedures
for the transaction of its business, subject to the following:
[Amended 5-16-2017 by Ord. No. 2861-17]
(1)
The Commission shall elect from its members a Chair and a Vice Chair
on an annual basis.
(2)
A quorum for the transaction of all business shall be four members.
(3)
All Commission minutes and records are public records, and all Commission
meetings shall comply with the Open Public Meetings Act, N.J.S.A.
10:4-7 et seq.
(4)
The Commission may designate or elect a Secretary, who need not be
a member of the Commission. The Commission shall keep minutes and
records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations and decisions. All
such material shall be made public record.
(5)
Commission meetings shall be scheduled at least once every month
or as often as required to fulfill its obligations.
(6)
No Commission member shall be permitted to act on any matter in which
he or she has either directly or indirectly any personal or financial
interest.
G.
Liaison. A member of the Township Committee shall be designated as
liaison between the Commission and the Township Committee. The liaison
shall not be entitled to vote on the Commission.
H.
Removal. A member of the Commission may be removed by the Township
Committee for cause.
I.
Budget. The Township Committee shall make provision in its budget
and appropriate funds for the expenses of the Commission. The Commission
may employ, contract for and fix the compensation of experts and other
staff and services as it shall deem necessary. The Commission shall
obtain 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. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for the Commission's
use.
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.
A.
Criteria. The Commission shall consider for designation any buildings,
structures, objects, sites, or districts within the Township which
merit designation and protection, possessing integrity of location,
design, setting, materials, workmanship and being:
(1)
Of particular historic significance to the Township of Maplewood
by reflecting or exemplifying the broad cultural, political, economic,
or social history of the nation, state, or community; or
(2)
Associated with an historic personage(s) important in national, state
or local history; or
(3)
The site of an historical event which had a significant effect on
the development of the nation, state, or community; or
(4)
An embodiment of the distinctive characteristics of a type, period,
or method of architecture or engineering; or
(5)
Representative of the work of an important builder, designer, artist
or architect; or
(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.
Procedures for designation of historic sites and historic districts.
(1)
Nomination proposals.
(a)
Any interested party or the Commission may make a nomination
proposal for designation of an historic site or historic district.
The party making such a proposal shall prepare and submit to the Commission
a nomination for each proposed historic site or district.
(b)
Notification. Upon receipt and distribution of a nomination
proposal to the Commission for review, the Commission will notify
the owners of the nomination and will advise the owner of the significance
and consequences of designation and the rights of the owner(s) of
record under the provisions of this article.
(2)
Nomination report preparation and contents.
(a)
The Commission shall vote to accept or reject the nomination
proposal. Upon acceptance, the Commission shall produce or oversee
the production of a nomination report for the proposed designation.
(b)
For individual historic site designations, the nomination report
shall include one or more photographs (black and white or color) showing
the current condition of the building; the tax lot and block number
of the property as designated on the official Tax Map of the Township;
and a physical description and statement of significance of the site,
as it relates to the criteria for designation set forth above.
(c)
For historic district designations, the report shall include
a building-by-building inventory of all properties within the district,
including addresses and Tax Map block and lot; photographs of all
properties within the district; a written boundary description; a
property map of the district showing boundaries; and a physical description
of all properties and statement of significance for the district,
as it relates to the criteria for designation set forth above.
(3)
Initiation of designation process. After initial review of the nomination
report, the Commission shall, by motion, determine whether to initiate
the designation process for the proposed designation.
(4)
Scheduling hearing and notice to owner(s). Upon a determination to
initiate the designation process, the Commission shall schedule a
public hearing on the proposed designation of an historic site or
historic district. At least 25 days prior to the hearing the Commission
shall, by personal service or certified mail:
(a)
Notify the owner(s) of record of the date, time and location
of the hearing concerning the proposed designation of the property
and send them a copy of the nomination report.
(5)
Public notice of hearing. Public notice of the hearing shall be given
at least 20 days prior to the hearing by publication in the official
newspaper of the Township. A copy of the nomination report shall also
be made available for public inspection in the Township Clerk's office
at least 20 days prior to the hearing.
(6)
Conduct of hearing. At a public hearing scheduled and noticed in
accordance with this article, the Commission shall review the nomination
report and accompanying documents. Interested persons shall be entitled
to comment on the proposed nominations for designation.
(7)
Commission vote. A quorum of Commission members must be present in
order for a vote to take place. A majority vote of those present is
required for a motion to pass.
(8)
Commission report. Upon Commission review and public hearing, the
Commission shall forward its report to the Township Committee, which
report shall contain a statement of its recommendations and the reasons
therefor with regard to proposed designations considered at the hearing,
including a list and map of properties approved for designation, and
the designation report.
(9)
Final designation. The Township Committee shall consider the Commission
report and may vote to approve, reject or modify the recommendations
of the Commission and may, in accordance with the requirements of
the Municipal Land Use Law, including, but not limited to, N.J.S.A.
40:55D-65.1, N.J.S.A. 40:55D-64 (referral to Planning Board) and N.J.S.A.
40:55D-26a, adopt an ordinance designating the historic sites and
districts recommended by the Commission for such designation.
(10)
Incorporation of designated historic sites and historic districts
into Township records. Designated properties shall also be noted as
such on the records for those properties maintained by the offices
of the Township Tax Assessor and the Township Clerk.
(11)
Public notice of designation. The Township Clerk shall issue
public notice of the designation by publication in the official newspaper
of the Township and by distribution to all municipal agencies reviewing
development applications and permits. The Township Clerk shall notify
the owner of the results of the hearing and, if applicable, send a
certificate or letter of designation to the owner(s) of record.
(12)
Amendments. Historic site and historic district designations
may be amended in the same manner as they were adopted in accordance
with the provisions of this article.
C.
Procedures for historic designation of Township-owned property. The procedure for designation of property owned by the Township shall be as set forth in Subsection B above, except that the Commission shall not commence preparation of the nomination report unless, after the Township Committee's receipt of the nomination proposal, the Township Committee authorizes the nomination by resolution.
A.
Unless excluded pursuant to Subsection D, prior to undertaking any action affecting the exterior architectural appearance of an historic site or an improvement within an historic district, the property owner or occupant shall obtain approval from the Commission in accordance with the provisions of this article. Such approval shall be either a certificate of appropriateness or a permit for minor work.
B.
A certificate of appropriateness shall be obtained prior to performing
any major work, as defined below, on any historic site or improvement
within an historic district, including but not limited to:
(1)
Additions, alterations or replacements or any change in the exterior architectural appearance of any historic site or any improvement within an historic district, except for those eligible for a permit for minor work as set forth in Subsection C below.
(2)
Replacement of existing windows and doors.
(3)
Demolition of an historic site or an improvement within an historic
district.
(4)
Relocation of an historic site or an improvement within an historic
district.
(5)
Any new construction in an historic district or on the same lot as
an historic site.
C.
A permit for minor work shall be obtained prior to performing the
following minor work on historic sites or on improvements within an
historic district:
(1)
Replacement of the existing roof using an appropriate material compatible
with the architectural period or design of the subject structure.
(2)
Replacement in kind of over 5% of existing shingles, clapboards or
other siding, exterior decorative elements such as brackets, columns,
porch posts, etc., maintaining the architectural integrity of the
structure.
D.
Exclusions from Commission review and approval.
(1)
Emergency repairs. Temporary emergency repairs performed in accordance with Township codes to preserve the continued habitability of a structure and/or the health and safety of the occupants or others; provided, however, that such repairs shall be only such as are necessary to maintain the habitability of the structure and shall be made only in those circumstances which, in the opinion of the Administrative Officer, rise to the level of a bona fide emergency. No work in addition to such emergency repairs shall be performed until the appropriate approval is obtained from the Commission pursuant to the procedures set forth herein. All work done under this section shall conform to criteria set forth in § 271-83.
(2)
Any changes to the interior of structures that do not affect the
exterior appearance.
(3)
Changes or additions to landscape or hardscape.
(4)
The following shall be deemed ordinary maintenance and repairs and
do not require approval:
(a)
Exterior painting.
(b)
Repairs to existing signs, shutters, fences, awnings, off-street
driveways, and sidewalks, in order to return the same as nearly as
practicable to its condition prior to the occurrence of deterioration,
wear or damage with in-kind material and quality workmanship.
(c)
Repairs and maintenance of up to 5% of existing shingles, clapboards
or other siding materials, roofing materials, architectural trim and
other building components, using the same style, materials and quality
workmanship.
(d)
Repair and maintenance of existing doors and windows with in-kind
material and quality workmanship.
A.
The Planning Board and the Zoning Board of Adjustment shall refer
to the Commission every application for development submitted to either
Board involving historic sites or improvements within an historic
district or identified in the historic preservation element of the
Master Plan. This referral shall be made when the application for
development is deemed complete or is scheduled for a hearing, whichever
is sooner. The Commission may provide its advice on said application,
which shall be conveyed through its delegation of one of its members
to testify orally at the hearing on the application and to explain
any written reports that the Commission may provide to such Board
concerning the proposed application. In reviewing such matters, the
Commission may comment on any of the zoning and land use considerations
that are relevant to the application.
B.
Where appropriate, the Commission may advise the Zoning Board on
cases where current zoning regulations contradict historic development
patterns affecting placement on lot, fencing, siting of outbuildings,
and other zoning considerations that may support the granting of variances.
C.
On all matters referred to the Commission pursuant to this section,
the decision of the Commission shall be advisory only.
A.
When Commission review and approval is required by this article,
the property owner shall complete and submit to the Commission an
application for a certificate of appropriateness or an application
for a permit for minor work, as applicable.
B.
An approval by the Planning Board or Zoning Board of Adjustment does
not relieve the applicant of the requirement of obtaining a certificate
of appropriateness from the Commission for those aspects of the work
not covered by the application for development.
C.
Informal review available. Persons considering any action that requires
a certificate of appropriateness or a permit for minor work, as set
forth above, may request an informal meeting with the Commission.
The Chair is authorized to schedule informal meetings. The Commission
will hold such meetings within 15 days of receipt of such request.
The purpose of such a meeting is to review the design guidelines and
standards of appropriateness and the procedures for obtaining Commission
approval. Neither the applicant nor the Commission shall be bound
by any informal meeting or conceptual reviews.
D.
Application for certificate of appropriateness.
(1)
If the proposed undertaking requires Commission review and approval,
regardless of whether a construction permit is required by the Township,
the Administrative Officer shall notify the applicant that he or she
must submit a request for a certificate of appropriateness to the
Commission prior to obtaining a construction permit. The Administrative
Officer shall notify the Commission of the application. An application
for a certificate of appropriateness shall require a public hearing
of the Commission. The application form and related materials shall
be made available at the Building Department and on the Township website.
(2)
A representative of the Commission shall review an application for
technical completeness within 10 business days of receipt of the application.
Any application found to be incomplete will be returned to the applicant
and shall be administratively denied. When the application is found
to be technically complete it shall be referred to the Commission.
(3)
The application will be reviewed at the Commission's next regularly scheduled meeting, provided that it has been received in a technically complete form at least 15 days prior to that date. The applicant shall be notified of the meeting date. At the meeting, the Commission will review the application for a certificate of appropriateness and all relevant supporting documentation according to the criteria set forth in § 271-83. The applicant and/or his/her designated representative shall be given an opportunity to present testimony. The Commission's determination shall focus on how the proposed undertaking would affect an historic site's significance as outlined in § 271-83 of this article and shall be in accordance with existing building and zoning codes of the Township. A certificate of appropriateness shall be issued upon the approval of a majority of the voting members of the Commission.
(4)
The Commission shall, no later than 45 days from the date that the
permit is referred to the Commission with a technically complete application,
render a decision and issue the appropriate report to the Administrative
Officer. Failure to act within the forty-five-day period shall be
deemed to constitute a report in favor of issuance of the permit,
unless an extension is agreed upon by both the Commission and the
applicant. The Commission shall forward to the Administrative Officer
either the approval or denial of the application and shall explain
in writing the reasons for its determination.
E.
Application for a permit for minor work.
(1)
An application for a permit for minor work shall be reviewed in an
expedited manner by the Chair of the Commission. The Chair may authorize
another member of the Commission to review the permit for minor work
application. The Chair, or the Chair's designee, has the authority
to disapprove or approve the application and shall render a decision
and issue the appropriate report to the Administrative Officer within
15 days of receipt of a completed application. Failure to act within
the fifteen-day period shall be deemed to constitute approval of the
permit.
(2)
In the event the Chair, or the Chair's designee, upon review of an
application for a permit for minor work, determines that the proposed
work requires a certificate of appropriateness and notifies the owner
within the fifteen-day period, such notice shall be deemed an automatic
disapproval of the permit for minor work, and the applicant shall
be required to apply for a certificate of appropriateness.
A.
The goal of the review process is to preserve the integrity of designated
historic sites and districts and to insure the compatibility of any
changes or improvements made to them. Such changes may be done in
a manner that references the historic architecture, or they may be
completed in a more contemporary idiom as long as they relate to the
physical context of the original building in terms of scale, proportion,
rhythm, massing and materials.
B.
In interpreting and applying the standards and criteria set forth
herein, the Commission shall be guided by the principles contained
in the most current version of the Secretary of the Interior's
Standards for Rehabilitation and the Secretary of
the Interior Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings (hereinafter referred to as "the Standards").
The Standards are set forth in the Code of Federal Regulations, Title
36, Parks, Forests, and Public Property, Chapter
J ("National Park Service, Department of the Interior"), Parts 1 to
99, revised as of July 1, 1998, with guidelines maintained by the
National Park Service, as may be amended. The Standards are adopted
as the Commission's design criteria and guidelines pursuant to N.J.S.A.
40:55D-65.1.
C.
In carrying out all of its duties and responsibilities, the Commission
shall be guided by the Secretary of the Interior's Standards for Rehabilitation
of Historic Buildings, which are as follows:
(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 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 features, finishes, and construction techniques or examples
of craftsmanship that characterize a property 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 cause
damage to historic materials shall not be used. The surface cleaning
of 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 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 reviewing an application for a certificate of appropriateness,
the Commission shall consider the setting, design, arrangement, texture,
details, scale, shape, materials, finish, color, streetscape, and
related outbuildings and consider the relationship of those characteristics
to the historic, architectural, cultural, archaeological, and aesthetic
significance of the historic site or district as well as:
(1)
The impact of the proposed change on the historic and architectural
significance of the historic site or district.
(2)
The historic site's importance to the municipality and the extent
to which its historic, cultural or architectural significance would
be adversely affected to the detriment of the public interest.
(3)
The extent to which the proposed action would adversely affect the
public's view of an historic site within an historic district from
a public street or other public property.
(4)
The potential archaeological significance of the site.
E.
In regard to an application for new construction, alterations, additions
or replacements affecting an historic site or an improvement within
an historic district, the following factors shall be considered in
relation to its setting and context:
A.
Certificate of appropriateness required.
(1)
No structure within an historic district or on an historic site shall be removed or relocated without a certificate of appropriateness. Subject to the criteria set forth in Subsection A(2) below, said approval shall be granted only if the structure cannot be put to a reasonable use and its preservation will impose an undue hardship on the applicant.
(2)
In reviewing any demolition or relocation application, the Commission
shall consider the following matters:
(a)
The structure's historic, architectural, cultural and aesthetic
significance.
(b)
The structure's current and potential use for those purposes
currently permitted by the Land Development Ordinance or for the use
proposed.
(c)
The structure's importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the integrity of the historic property or
district and the public interest.
(d)
The extent to which the structure 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.
(e)
The extent to which the structure's retention would attract
tourists, students, writers, historians, artists and artisans, attract
new residents, encourage study and interest in American history, stimulate
interest and study in architecture and design, educate citizens in
American culture and heritage, or make the municipality a more attractive
and desirable place in which to live.
(f)
The probable impact of the structure's removal upon the ambiance
of the historic district or designated historic site.
(g)
The structural soundness and integrity of the building and the
economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the applicable building codes.
(h)
As to relocations only, the compelling reasons for not retaining
the structure or improvement at its present site, the proximity of
the proposed new location and its accessibility to residents of the
municipality, and the probability of significant damage to the structure
or improvement as a result of the relocation.
(i)
The compatibility, nature and character of the current and the
proposed surrounding areas as they relate to the intent and purposes
of this article whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
B.
Procedure where initial application for demolition or relocation
disapproved.
(1)
Sale for fair market value. If the Commission disapproves an initial
application to demolish or relocate an historic structure, the owner
shall for a period of one year from the date of said disapproval make
bona fide and diligent efforts to sell the structure to any person,
organization, governmental agency or political subdivision that provides
reasonable assurance that it is willing to preserve said structure.
In order to maximize the opportunity to preserve the structure, the
owner shall provide notice of the proposed demolition or relocation
in accordance with the provisions set forth below.
(2)
Notice of demolition or relocation posted and published by owner.
Notice of the proposed demolition or relocation shall be posted on
the subject property for a period of at least 30 days in such a manner
as to be clearly readable from the street and shall be published in
the Township's official newspaper at least once a week for a minimum
of four consecutive weeks.
(3)
Grant of certificate of appropriateness. Provided that the Commission is satisfied that the requirements of Subsection B(1) above have been met, it shall issue a certificate of appropriateness.
(4)
Opportunity to salvage or recycle part of structure prior to demolition.
With respect to demolitions only, in the event the owner does not
intend to recycle or salvage parts of the structure, the owner shall
for 30 days afford interested parties and groups the opportunity to
remove parts or architectural features from said structure prior to
its demolition. The Commission shall maintain a list of interested
parties and groups, and the owner shall provide notice by certified
mail to such groups advising of said opportunity to salvage.
C.
Approval after change of circumstances. The Commission may at any
time during such notice period, if a significant change in circumstance
occurs, grant a certificate of appropriateness to demolish, in which
event a permit shall be issued within 10 days thereafter, provided
that all other conditions of the Administrative Officer have been
met.
A.
Approval by the Commission in accordance with the procedures in §§ 271-80 through 271-84 shall be deemed to be final approval pursuant to this article. 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 within an historic district.
B.
Denial of approval for a certificate of appropriateness or a permit
for minor work by the Commission shall be deemed to bar the applicant
from undertaking the activity that would affect the historic site
or improvement in an historic district that was the subject of the
denied application.
C.
Appeals. The denial of a certificate of appropriateness or a permit
for minor work or any of the conditions of an approval may be appealed
by the applicant to the Zoning Board of Adjustment under N.J.S.A.
40:55D-70a and b. Further appeals may be taken as provided by law.
A.
Recognizing the need for preventive maintenance to ensure the continued
useful life of historic buildings, structures, objects and sites,
the Township Committee hereby declares that code enforcement for such
designated properties is a high municipal priority.
B.
Nothing in this article shall be interpreted as giving the Commission
the power to bind the Township Committee regarding alterations to
or demolition of Township-owned property.
A.
Any person 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 the approval of the Commission shall
be deemed to be in violation of this article.
B.
Upon learning of the violation, the Administrative Officer 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 historic site
or improvement to the condition it was in prior to the violation occurring.
If the owner cannot be personally served within the municipality with
the 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 municipal
tax rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Administrative Officer
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.
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 historic site affected pending a decision. If the project is denied, he shall immediately restore the historic site to its preactivity condition. The Administrative Officer 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 hereof. Such injunctive relief shall be in addition to the penalties authorized under Subsection D hereof.
