[Amended 7-10-2012 by Ord. No. 2012-18]
The purpose of these provisions is to establish procedures and
regulations applicable to development of properties located in historic
districts and to individual historic landmarks and historic sites,
as set forth in Schedule G, Locally Designated Historic Sites and
Districts, included at the end of this chapter. Among the objectives
of the provisions are the following:
A.
To identify and establish historic landmarks and historic districts
within the boundaries of the Township.
B.
To conserve, protect, enhance and perpetuate such landmarks and such
improvements within historic districts which represent or reflect
elements of the Township's cultural, social, economic, political or
architectural history.
C.
To stabilize and improve property values in identified historic districts.
D.
To foster civic pride in the beauty of the built environment and
landscapes and the noble or significant accomplishments of the past.
E.
To promote the use of historic districts and landmarks for the education,
pleasure and welfare of the people of the Township.
F.
To assist owners of historic landmarks and owners of property within
historic districts in their efforts to preserve the historic character
of such properties.
These regulations shall apply to all applications for development,
including subdivisions, site plans, building permits and variances,
involving properties situated in the historic districts and individual
historic landmarks and historic sites set forth in Schedule G, Locally
Designated Historic Sites and Districts, included at the end of this
chapter. More specifically, these regulations shall apply to any of
the following:
A.
Subdivision, site plan or variances of land located in an historic
district or of land on which is located an historic landmark or historic
site.
B.
Demolition of an historic landmark or any improvement to an historic
landmark or within any historic district.
C.
Relocation of any historic landmark or of any improvement within
any historic district.
D.
Change in the exterior appearance of any existing landmark or of
any improvement within any historic district by addition, alteration
or replacement which requires a building permit.
E.
Any new construction, which requires a building permit, of a principal
or accessory structure in an historic district or on land which contains
an historic landmark or historic site.
[Amended 3-9-2021 by Ord. No. 2021-03]
A.
Any application for development, including building permits, which is subject to Article XXV shall be made by an application for a certificate of appropriateness (see Schedule F[1]). An application for a certificate of appropriateness
shall be filed with the Land Use Office to determine administrative
completeness. The determination of completeness shall be made within
45 days from submission. Upon determination of completeness by the
Land Use Office, the application shall be referred to the Historic
Preservation Review Commission for its review.
[1]
Editor's Note: Schedule F is included as an attachment to this chapter.
B.
Within 45 days of receipt by the Historic Preservation Review Commission
of an application, the Commission shall review the application and
shall issue a written report to the Planning Board recommending approval,
approval with conditions or denial of the application, based upon
recognized standards such as those established by the Secretary of
the Interior.
C.
The Planning Board shall review the report of the Commission and
shall make a final determination as to the disposition of the application
within 45 days of receipt of the recommendation of the Commission
to approve, approve with conditions or deny the application. If referral
of the application to the Historic Preservation Review Commission
emanated from the Zoning Officer, the Planning Board shall report
its decision to the Zoning Officer.
D.
Failure of the Historic Preservation Commission to report in writing
to the Planning Board or the failure of the Planning Board to report
to the Zoning Officer within 45 days of this referral shall be deemed
to constitute a report in favor of issuance of the permit and without
the recommendation of conditions to the permit.
E.
Upon approval of the application, the Zoning Officer shall issue
a certificate of appropriateness. An applicant for a certificate of
appropriateness who is dissatisfied with the actions of the Zoning
Officer in denying the certificate of appropriateness or in issuing
the certificate of appropriateness with objectionable conditions may
appeal that action to the Zoning Board of Adjustment within 30 days
from the date of the administrative officer' s written decision. The
hearing on such appeal shall be conducted in the same fashion as any
appeal from the administrative officer' s determinations. This right
of appeal is limited to the applicant only.
In considering whether an application should be granted, the
Historic Preservation Review Commission and the Planning Board shall
consider whether, if the approval is denied, the applicant may still
make any reasonable use of the property as such use is permitted in
the zoning regulations. No application shall be denied unless the
Planning Board specifically finds that the property may, after such
denial, reasonably be used for a use permitted in the zoning regulations.
A.
Subdivisions, site plans and variances. Review of subdivision, site plan, and variance applications shall be consistent with the provisions of Part 2 of this chapter. In addition, the Commission and Planning Board shall consider the impact which the grant of the subdivision, site plan or variance would have in terms of the overall historic preservation objectives of these provisions and the design standards and criteria set forth in this chapter.
B.
Demolition. In regard to an application to demolish an historic building
or any improvement within an historic district, the following matters
shall be considered:
(1)
Its historic, architectural, archaeological, and social significance.
(2)
Its potential for use for those purposes currently permitted
by zoning regulations.
(3)
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(4)
The extent to which it is of such historical significance, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
If it is within an historic district, the probable impact of
its removal upon the ambience and streetscape of the historic district.
(6)
The structural soundness and integrity of the building so as
to comply with the requirements of the State Uniform Code.
(7)
The effect on the remaining portion of the building, structure,
site, object or landscape feature in cases of partial demolition.
C.
Removals out of the Township. In regard to an application to move
an historic building to a location outside the Township, the following
matters shall be considered:
(1)
The historic loss to the site of original location and the district
as a whole.
(2)
The compelling reasons for not retaining the landmark or structure
at its present site.
(3)
The proximity of the proposed new location to the municipality,
including the accessibility to the residents of the municipality and
other citizens.
(4)
The probability of significant damage to the landmark or structure
itself.
D.
Removals within the Township. In regard to an application to move an historic landmark or any structure to a new location within the Township, the following matters shall be considered in addition to the matters listed in Subsection C above:
E.
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into 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 Subsection H below.
F.
Consideration on other actions. In regard to an application for other approval of any proposed action as set forth in Subsection B hereof, 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 municipality and 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 Subsection H below.
G.
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered but interior arrangement shall
not be considered in any instance unless it has an impact on the exterior
or structural stability of the building.
H.
Visual compatibility factors. In assessing the effect of any proposed
change under application for any landmark, the following visual compatibility
factors shall be used to analyze the effect the change applied for
would have on the landmark and on those structures to which the landmark
is visually related.
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
(3)
Proportion of openings within the facility. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with the buildings and places to which they
are visually related.
(4)
Rhythm of solids to voids on fronting of public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with the buildings and places to which they
are visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship
of entrance and 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 shape of a building shall be visually
compatible with 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 elevation. 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 places to which it is visually related in
its directional character, whether this be vertical character, horizontal
character or nondirectional character.
I.
Submittal requirements. The following is required:
(1)
All applications which will be reviewed by the Historic Preservation Review Commission shall submit the information as set forth in Schedule F, Application for Certificate of Appropriateness, which is included at the end of this chapter and is hereby declared to be part hereof.
(2)
One complete application package, that is received electronically
by the Land Use Official, shall be forwarded to the Planning Board
and the Historic Preservation Review Commission.
A.
The Historic Preservation Review Commission shall identify historic
landmarks, historic landmark sites and historic districts within the
Township which are worthy of preservation because of their historical,
cultural, social or architectural significance in that they possess
integrity of location, design, setting, material workmanship and:
(1)
Are associated with events that have made a significant contribution
to the history of the Township, state or nation; or
(2)
Are associated with the lives of significant persons in our
past; or
(3)
Embody the distinctive characteristics of a type, period or
method of construction, represent the work of a master or possess
high artistic values; or
(4)
Have yielded or may be likely to yield information important
in prehistory or history.
B.
The Planning Board, either directly or by delegating the responsibility
to the Historic Preservation Review Commission, shall notify each
owner by certified mail that his or her property will be considered
for designation as an historic landmark, advise him or her of the
significance and consequence of same, and advise him or her of his
or her right to be heard concerning such designation. As soon as practicable
thereafter a public hearing shall be held at which all interested
persons shall be entitled to present their opinions, suggestions and
objections.
C.
After full consideration of the evidence brought out at any public
hearing held on any such proposed designation, and upon considering
any recommendations of the Historic Preservation Review Commission,
the Planning Board shall make its decision and shall issue its final
report to the public stating reasons in support of its action with
respect to each historical landmark, historical landmark site and
historic district designation.
D.
Any proposed designation by the Planning Board shall be forwarded
to the Township Committee for a final determination of designation
and, if designated, shall be included in the Master Plan.
E.
Following adoption of a designation ordinance, certificates of designation
shall be served upon the owner of the site so designated, and a true
copy thereof shall be filed with the Tax Collector and the Tax Assessor
who shall maintain a record of all historic designations in the tax
rolls. The Municipal Assessment Search Officer shall indicate the
historic designated properties. Notice of the designation shall also
be made to the office of the Construction Official.
[Added 6-25-2019 by Ord.
No. 2019-12[1]]
A.
No officially designated historic site or landmark or contributing
building, structure, site or object within the Historic District shall
be allowed to deteriorate due to neglect by the owner which would
result in violation of the intent of this section.
(1)
The owner of an historic site or landmark or contributing building, structure, site or object within the Historic District shall comply with all applicable codes, laws and regulations governing the maintenance of property to ensure that all repairs, renovations, improvements or additions shall be of the same or similar style, material and historical aesthetic as existed prior to the need for repair, renovation, improvement or addition, including but not limited to the International Property Maintenance Code 2018, Chapter 287 of the Montville Township Municipal Code and the Secretary of the Interior's Standards for Treatment of Historic Properties.
(2)
It is the intent of this section to preserve from deliberate or inadvertent neglect deterioration of the exterior features of any historic site or landmark or contributing building, structure, site or object within the Historic District, and the interior portions thereof when such maintenance is necessary to prevent deterioration and decay of the exterior. All such historic sites or landmarks or contributing buildings, structures, sites or objects within the Historic District shall be preserved against such decay and deterioration and shall be free from structural defects through prompt corrections of any of the following defects with materials of the same or similar style, material and historical aesthetic and in accordance with the provisions of the Township's Land Use Code sections, including but not limited to, Article XXV, Historic Districts and Historic Sites, along with those outlined in the above mentioned codes (this list is instructive, not exhaustive):
(a)
Deteriorated or ineffective waterproofing of exterior walls,
roofs, foundations or floors, including broken windows or doors.
(b)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members, which sag, split or buckle due to defective material
or deterioration.
(c)
Defective or insufficient weather protection for exterior wall
covering, including lack of paint or weathering due to lack of paint
or other protective covering.
(d)
Deteriorated or inadequate foundation, defective or deteriorated
flooring or floor supports, deteriorated walls or other vertical structural
supports.
(e)
Any fault or defect in the building, which renders it not properly
watertight or structurally unsafe.
(f)
Facades, which may fall and injure members of the public or
property.
(g)
Broken, leaky or faulty utility connections.
(3)
In the event that there are visible, minor maintenance issues observed on any officially designated historic site or landmark or contributing building, structure, site or object within the Historic District, which constitute a violation of this section or Chapter 287, the provisions of the Township's Property Maintenance Code, Chapter 287, shall govern.
B.
In instances where there are significant maintenance issues with any officially designated historic site or landmark or contributing building, structure, site or object within the Historic District, this Subsection B shall govern.
(1)
In the event that any officially designated historic site or landmark or contributing building, structure, site or object within the Historic District deteriorates to the point that, in the best reasonable estimate by a qualified, licensed professional, designated and appointed by the Township Committee of the costs of correcting the outstanding code violations and/or conditions equals more than 25% of the cost of replacing the entire structure on which the violations or conditions occur, the Zoning Officer shall serve personally or by certified mail, return receipt requested, a notice to the owner of an historic site or landmark or contributing building, structure, site or object within the Historic District listing the violation or condition, the estimate for the abatement with materials of the same or similar style, material and historical aesthetic, and the replacement cost of the structure. The notice shall also state that if the owner does not take all necessary remedial action within 60 days, or such extensions as the Zoning Officer grants for good cause, the Township may enter upon the property and abate such violations and conditions itself and cause the cost to become a lien on the property in accordance with § 230-202.3B(4)(e).
(2)
If the owner of an historic site or landmark or contributing building, structure, site or object within the Historic District does not take all necessary remedial action within 60 days, or such extensions as the Zoning Officer grants for good cause, the Township may, after 60 days, enter upon the property and abate such violations itself and cause the cost to become a lien on the property in accordance with § 230-202.3B(4)(e).
(3)
Upon receipt of the notice, the owner of an historic site or
landmark or contributing building, structure, site or object within
the Historic District may, within 10 days, notify the Zoning Officer
that they request a formal hearing as to the allegations and estimates
set forth in the notice.
(4)
Hearing procedures:
(a)
Any hearings conducted pursuant to this section shall be conducted
by an independent, qualified hearing officer appointed by the Township
Committee. Said hearing officer shall have the requisite knowledge
of architecture and historical designations.
(b)
If the owner of an historic site or landmark or contributing building, structure, site or object within the Historic District requests a hearing as to the allegations and estimates set forth in the notice, the Township Committee shall appoint a hearing officer pursuant to § 230-202.3B(4)(a).
[1]
Said hearing shall be conducted by the hearing
officer as a formal adversary procedure where the Zoning Officer shall
establish matters alleged in the notice by a preponderance of the
evidence, through the submission of evidence and/or testimony.
[2]
The owner shall have an opportunity to rebut all
matters listed in the notice through submission of evidence and/or
testimony.
[3]
Within 10 days following the hearing, the hearing
officer shall submit to the Historic Preservation Review Commission
and the Township Committee a written opinion setting forth his or
her conclusions, reasons for said conclusions and recommendations.
[4]
The Historic Preservation Review Commission shall
have 21 days from the date of the report in which to provide written
comments to the Township Committee.
[5]
At the next Committee meeting following the expiration
of the 21-day review period for the Historic Preservation Review Commission,
the Township Committee shall adopt a resolution formalizing its decision
following receipt and review of the hearing officer's opinion and
any comments from the Historic Preservation Review Commission.
[6]
A copy of the resolution and the hearing officer's
written opinion shall be served upon the owner by regular and certified
mail.
(c)
Thereafter, if the owner of an historic site or landmark or
contributing building, structure, site or object within the Historic
District does not comply with the findings of the hearing officer
and Township Committee within 90 days, or such other time frame as
determined appropriate by Zoning Officer, the Township may enter into
the premises and, by use of Township labor or outside contractors
or both, perform such work as is necessary to abate the violations
to the extent necessary to stabilize the historic site or landmark
or contributing building, structure, site or object within the Historic
District in order to prevent same from further deterioration. Nothing
herein shall obligate the Township to completely repair or renovate
any structure not owned by the Township.
(d)
If the owner of an historic site or landmark or contributing building, structure, site or object within the Historic District does not request a hearing within 10 days, the procedures set forth in § 230-202.3B(4)(b) above shall still apply with the Zoning Officer still required to establish matters alleged in the notice by a preponderance of the evidence, through the submission of evidence and/or testimony. In the event that the hearing officer and Township Committee determine that the Zoning Officer has established the matters as required, the Township may commence with abatement in accordance with § 230-202.3B(4)(c).
(e)
Any and all monies expended by the Township as a result of the work performed as set forth in § 230-202.3B(4)(c) above shall forthwith become a lien, by resolution of the Township Committee, upon said land, the same to bear interest at the same rate as taxes and to be enforced by the same officers and in the same manner as taxes. A certified copy of the certification of cost shall be forwarded to the Tax Assessor after its approval by the Township Committee. Payment of which shall be by the owner of an historic site or landmark or contributing building, structure, site or object within the Historic District.
[Amended 6-25-2019 by Ord. No. 2019-12]
A.
If
any person shall undertake any exterior change to an historic landmark,
historic site, or an improvement within an historic district without
first having obtained a zoning permit or construction permit where
applicable, such person shall be in violation of this article.
B.
If any person shall undertake any exterior change, repairs, renovations, improvements or additions with materials that are not of the same or similar style, material and historical aesthetic and in accordance with the provisions of the Township's Land Use Code sections, including but not limited to, Article XXV, Historic Districts and Historic Sites, such person shall be in violation of this article.
C.
Upon learning of any violation of this article, other than a violation as contained in § 230-202.3, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation has occurred 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 prior to the condition that caused the violation to be issued. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.
D.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint returnable in the Municipal
Court, charging violation of this article. Each separate day that
the violation exists shall be deemed to be a new and separate violation.
F.
Any person who alters or demolishes, either by intent or neglect per § 230-202.3 herein, any officially designated historic site or landmark or contributing building, structure, site or object within the Historic District in violation of the provisions of Chapter 230 or in violation of any conditions or requirements specified in a permit shall be required to restore the building, structure, site or object involved to its appearance prior to the violation.
G.
In the event that any action which would permanently change adversely
the landmark or historic district, such as demolition or removal,
is about to occur without a zoning permit and/or construction permit
(where applicable) having been issued, the Zoning Officer is hereby
authorized to work with the Township attorney to apply to the Superior
Court of New Jersey for such injunctive relief as is necessary to
prevent the destruction of any landmark.
H.
Nothing contained herein 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.
I.
In the event of any inconsistency, ambiguity or overlapping of requirements
between this chapter and any other requirement enforced in the municipality,
the more restrictive shall apply to the extent that state and federal
legislation has not preempted the municipality's power to enforce
more stringent standards.
