A.
Review procedure; time limitations; conditional approval.
[Amended 6-1-2015 by Ord.
No. 2015-4]
(1)
All applications made to the Zoning Officer for zoning permits (as defined in § 525-137) with respect to any permitted uses under this chapter or Chapter 525 of this Code, with the exception of use as a one- or two-family dwelling unit, shall be accompanied with a portion of the information set forth in § 330-101 sufficient to permit the Zoning Officer and/or Site Plan Review Advisory Committee to determine whether a full site plan and submission to the Planning Board is required. At a minimum this information shall include whether any of the following is proposed or required:
(a)
Any new exterior erection, construction, alteration, or conversion
of any building or structure;
(b)
A significant change in the use or occupancy of a building,
structure or land for reuse (including a change from one use permitted
in a zone to another use permitted in the same zone);
(c)
An electrical, plumbing, construction code, other specialized
permit or certificate of occupancy will be required; or
(d)
The proposed development or action will have significant impact
on the intensity of the use such that there may be increased demand
or need for parking or loading docks, need for truck or bus parking
or loading areas, changes in on-site circulation (as that term is
defined in N.J.S.A. 40:55D-3), building or parking additions or changes
to impervious cover or other actions that impact drainage and stormwater
run-off, or similar site impacts.
(2)
The Zoning Officer shall examine all applications as required by § 525-137 for, among other things, the presence of any of the factors outlined in Subsection A(1)(a) through (d), above. In making this assessment, the Zoning Officer shall not regard as requiring site plan review: a) upgrades or improvements that do not change or will bring a valid nonconforming use or structure nearer to compliance with existing regulations unless the degree of construction or alteration would otherwise trigger such review; b) valid nonconforming conditions absent material alteration in the exterior structure or site or a significant change in use; c) a tenant fit-out that does not require significant changes to the site or exterior structure; d) a tenant fit-out from one permitted use to another substantially similar permitted use; and e) issuance of a permit under Subsection A(1)(c), above, absent any other indicia that would trigger a site plan review. The Zoning Officer shall determine whether there are any elements of the property or use that are not in compliance with current regulations and approvals for the site. Applications evidencing the criteria set forth in Subsection A(1)(a) or (d), above, or other site plan factors in the judgment of the Zoning Officer requiring further review shall have their applications denied and be referred to the Site Plan Review Advisory Committee for further review and recommendation as to whether an application to the Planning Board site plan shall be required and whether waiver of some or all site plan requirements by the Planning Board is recommended. For applications falling under Subsection A(1)(b) or items b) or c) above, "significant" shall mean likely to require or cause: i) a more-than-minimal increase in traffic or parking demand as measured by the requirements of the site plan ordinance for the use in question; ii) a need to reconfigure parking or on-site circulation; iii) changes in drainage or stormwater management; or iv) similar impacts affecting site plan parameters such as exterior changes or expansions to structures. All requests submitted to the Site Plan Review Advisory Committee shall contain sufficient information for the Committee to make a reasoned judgment as to the need for a site plan or whether a request for site plan waiver should be forwarded to the Planning Board with a positive recommendation. Matters referred to the Site Plan Advisory Committee shall, at a minimum, contain a sketch and description of existing structures, including drive and parking areas, the nature of the present and proposed uses, details regarding any of the factors of Subsection A(1)(a) and (d), and details regarding any requested waivers.
(3)
Notwithstanding the foregoing, referral to the Site Plan Review Advisory Committee and submission of a site plan shall not be required for a tenant fit-out not exhibiting any of the characteristics set forth in Subsection A(1)(a) or (d), above, at a site that is in compliance with applicable regulations, approvals and public health and safety regulations.
(4)
When a site plan is required, the site plan shall consist of: a) a completed site plan application; b) a completed review escrow agreement; c) the information required by § 330-101, together with information on compliance with the design standards set forth in § 525-110B through H; d) the location and dimensions of all existing and proposed structures or buildings; e) the location and dimensions of all parking and loading areas, together with driveways and pedestrian access; f) existing and proposed utility connections; g) landscaping, including screening and/or buffering; h) grading and drainage facilities; i) where any excavation or removal of vegetation is proposed or required, a rodent control and extermination plan; and j) such additional information as may be determined by the Township or Planning Board Engineer that is necessary for a full and complete review of the application and its impacts.
(5)
Site plan applications shall be directed to and accepted by
the Planning and Zoning Board Secretary (hereafter "Secretary") who
shall advise the applicant as to the necessary number of copies required.
Where a rodent control plan is submitted, that plan shall be copied
and forwarded to the Board of Health for the Township of Cinnaminson,
who shall have exclusive authority to determine the adequacy and supervision
of the plan. The Secretary shall record the date of submission, determine
and obtain payment of the necessary fees and escrow payments and forward
a copy to the Planning Board Engineer to review for completeness.
The Zoning Officer may make comments and recommendations to the applicant,
Site Plan Advisory Board or Planning Board regarding spacing and orientation
of buildings in relation to on-site parking; ingress and egress; adequacy,
safety, and convenience of vehicular and pedestrian circulation; sufficiency
of landscaping; and conformity with the Master Plan and design standards.
(6)
The Planning Board Engineer shall review the application and
determine whether the application is complete or incomplete by checking
it against the application checklist and submission requirements adopted
by the Township within 45 days of the submission of the application
as required by N.J.S.A. 40:55D-10.3. In the event the application
is deemed incomplete, the Engineer shall notify in writing the applicant
and Board Secretary within 45 days of the filing of the incomplete
nature of the application and provide a list of the deficiencies.
Failure to provide written notice of deficiencies within the allotted
time period shall result in the application being deemed complete.
A "complete application" means the completed application form, completed
review escrow agreement, all supplemental and supporting documents
required by ordinance, compliance with applicable regulations and
payment of necessary fees. Upon determining that a complete application
has been submitted (whether or not supplemental or corrected information
is required to be submitted), the Engineer shall certify the application
as complete and notify the applicant and the Board Secretary. The
Board Secretary shall cause the application to be placed on the agenda
of the next available meeting of the Planning Board scheduled no less
than two weeks subsequent to the date the application is certified
as complete.
(7)
Site plan approval shall be granted or denied by the Planning
Board within the time frame established by N.J.S.A. 40:55D-46 or N.J.S.A.
40:55D-46.1, as the case may be, or such other time period as may
be agreed to by the applicant. Such time frame shall be measured from
the date the application is certified as complete. Failure of the
Planning Board to act in the time required shall entitle the applicant
to apply for an approval by default following the procedures of N.J.S.A.
40:55D-10.4. Whenever an application requires review or approval by
the Burlington County Planning Board, the Cinnaminson Planning Board
shall condition its action on such review and approval being timely
granted by the county.
B.
A fee as set forth in Chapter 265, Fees, shall be paid by the applicant at the time of submission of the site plan.
C.
At the time of submission of the application, the developer shall deposit an escrow fee with the Township as set forth in Chapter 265, Fees, to be held in an escrow fund and used to meet the cost of Board professionals for the review of the application. The Board Engineer, Attorney and Planner shall submit detailed records of their work, and the fees shall be paid whether or not the application is approved. Any costs incurred for the Board professionals' review of the application in excess of the escrow shall be paid by the developer before action is taken with respect to the application. Any monies remaining in the escrow fund shall be refunded to the applicant on approval of the application. Additional escrow funds may be required by the Planning Board and must be deposited by the developer before further consideration of the application. When any escrow account has been drawn against by any of the professionals authorized to review the application and the amount of the escrow fund is depleted so that less than 1/2 thereof remains in the account, the applicant shall thereupon replenish the amount of the escrow to the full deposit required above. The applicant shall have 20 days to post the additional monies to bring the escrow up to the full deposit required above, after written notice thereof from the Planning Board Secretary.
D.
The Township Committee may appoint a person to be known as the "Site
Plan Inspector." It shall be the function and duty of said person
to inspect all improvements which are not inspected by the Township
Engineer. The Township Engineer shall inspect the site improvements
to determine whether the same are being installed in accordance with
the design criteria of the Township approvals and codes and regulations.
The Site Plan Inspector shall inspect landscaping, the numbers of
curbs, whether striping exists and other cosmetic features not related
to the function of the inspection responsibility of the Township Engineer.
The Site Plan Inspector shall carry out such other duties as may be
requested of him from time to time by the Planning Board, not inconsistent
with the responsibilities of the Township Engineer. However, in the
event that the Site Plan Inspector is a licensed civil engineer of
the State of New Jersey, then said Inspector may perform the duties
of the Township Engineer subject to supervision and review of the
Township Engineer.
E.
No final plat, site plan or subdivision considered under this chapter
shall be approved unless the developer complies with guaranty and
inspection requirements as specified herein.
(1)
The performance guaranty must run in favor of the Township and
be in an amount not to exceed 120%, rounded to the nearest dollar,
of the cost of installation of improvements the Township may deem
necessary or appropriate, including, but not limited to, streets,
grading, pavement, gutters, curbs, sidewalks, street lighting, shade
trees, surveyor's monuments [as shown on the final map and required
by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.[1])], water main, culverts, storm sewers, sanitary sewers
or other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements and landscaping.
Ten percent of the performance guaranty shall either be in cash or
a letter of credit issued by a banking institution licensed to do
business in the State of New Jersey; and the balance shall be in the
form of a surety bond issued by a bonding company licensed to do business
in the State of New Jersey or a letter of credit also issued by a
banking institution licensed to do business in the State of New Jersey.
Such bond or letter of credit must conform to statutory requirements
and be approved and accepted by the Township Attorney. For good cause
shown, the governing body may waive the ten-percent cash or letter
of credit requirement upon the passage of a resolution setting forth
the reasons for the waiver therein. The Board Engineer shall review
the improvements required by the reviewing board which are to be bonded
and itemize their cost. This itemization shall be the basis for determining
the amount of the performance guaranty required by the Township, and
the inspection fees based thereon, and the estimate shall be appended
to the performance guaranty. The Board Engineer shall forward his/her
estimate of the cost of improvements to the applicant within 30 days
after the date of receipt of a request sent by certified mail for
this estimate. In the event that any of the improvements to be installed
are covered by a performance guaranty to another governmental agency,
no performance guaranty shall be required from the Township for such
improvements.
[1]
Editor's Note: Repealed 2011, c. 217. See now N.J.S.A. 46:26B-1
et seq.
(2)
If, at any time during the period of time between acceptance
of the initial performance guaranty and the date on which the Township
Committee formally releases such performance guaranty, the Township
Committee should have reasonable cause to doubt the value, legality,
enforceability or effectiveness of such guaranty, all development
activity for which such guaranty was established shall be discontinued
until such time as a substitute guaranty, in form and substance equivalent
to the guaranty which was required to be in place at the time the
status of the original guaranty was questioned, shall be delivered
to and accepted by the Township Committee. By way of illustration
and not limitation, the following shall be instances of reasonable
cause to doubt the value, legality, enforceability or effectiveness
of such guaranties:
(a)
The company issuing the bond shall cease to do business, declare
insolvency or bankruptcy or be forced into involuntary bankruptcy.
(b)
The bank, savings and loan, credit union, mortgage banking company
or other banking or banking-like entity issuing a letter of credit
shall become insolvent, be taken over by any governmental or quasi-governmental
agency or company or otherwise cease to do business.
(c)
The issuer of any performance guaranty shall serve on the Township
notice of termination or cancellation of such guaranty.
(3)
The amount of any performance guaranty may be reduced by the
Township Committee, by resolution, when portions of the improvements
have been certified by the Site Plan Inspector to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Township
Committee by resolution.
(4)
If the required improvements are not completed or corrected
in accordance with the finally approved development plans and approvals,
the obligor and surety shall be liable thereon to the Township for
the reasonable cost of the improvements not completed or corrected,
and the Township, either prior to or after the receipt of the proceeds
of the performance guaranty, may complete such improvements.
(5)
Upon substantial completion of all required street improvements
(except for the top course) and appurtenant utility improvements,
and the connection of the same to the public system, the obligor may
request of the governing body, as provided in N.J.S.A. 40:55D-53(2)d(1)
and (2), a list of all uncompleted or unsatisfactory completed improvements,
and the Township Engineer shall respond as required. The Township
Committee thereafter shall, as provided in N.J.S.A. 40:55D-53(2)e(1),
by resolution, either approve or reject the improvements based on
the Site Plan Inspector's report and authorize the amount of reduction
to be made in the performance guaranty within 45 days of receipt of
the list and report prepared by the Engineer. All procedures to be
taken in conjunction with a reduction or release of the performance
guaranty shall be in accordance with the provisions of N.J.S.A. 40:55D-53
et seq.
(6)
If any portion of the required improvements is rejected, the
obligor shall complete such improvements, and, upon completion, the
same procedure of notification as set forth in this section shall
be followed.
(7)
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Site Plan Inspector for the foregoing
inspection of improvements, pursuant to N.J.S.A. 40:55D-53h.
F.
Site Plan Review Advisory Committee review required following vacancy. Notwithstanding any other provisions of this section, any properties with frontage on State Highway 130 or State Highway 73 within the Township, except residential dwellings, which shall have been vacant for any period of time shall be subject to review by the Site Plan Review Advisory Committee as set forth in this section prior to the issuance of any building or construction code permits or certificates of occupancy 1) to determine if a site plan review is required, and 2) if within three years of the release of a prior performance guarantee, to assure that all previously approved improvements are functioning properly. The provisions of this subsection shall not apply to a transition from one tenant to another for the same or substantially the same use where the factors set forth in § 330-100A(1) are not present or where only minor improvements are proposed. The intent of this subsection is to assure that properties in the primary highway corridors of the Township are maintained and remain in compliance with applicable zoning and site plan requirements.
[Amended 6-1-2015 by Ord.
No. 2015-4]
G.
Site plan waiver; Site Plan Review Advisory Committee.
[Amended 6-1-2015 by Ord.
No. 2015-4]
(1)
Site Plan Review Advisory Committee created. There is hereby created a Site Plan Review Advisory Committee which shall review matters referred by the Zoning Officer, site plans which have been properly submitted to the Planning Board Secretary, applications for site plan waivers (which shall also be submitted through the Planning Board Secretary), and informal review as set forth in § 330-119D. The Site Plan Review Advisory Committee shall consist of the members of the Economic Development Committee as appointed by Township Committee as set forth in § 10-9.
[Amended 4-15-2019 by Ord. No. 2019-1; 4-18-2022 by Ord. No. 2022-3]
(2)
Recommendations; time for review. The Site Plan Review Advisory
Committee (the "Committee") shall review all applications submitted
to it to determine a) whether a full site plan application to the
Planning or Zoning Board is required, and b) what, if any, provisions
of the site plan requirements should be recommended for waiver. Except
where no site plan is required, all determinations of the Committee
shall be in the form of recommendations to the Planning or Zoning
Board, who shall make the final determination. The Committee shall
make a determination with respect to applications that it receives
within 14 days of receipt. Failure to act within this time period
shall result in the application being determined as in need of a full
site plan in accordance with Township ordinances and the Municipal
Land Use Law.[2] Complete applications determined to need review by the
Planning or Zoning Board shall be placed on the next available agenda
of the Planning or Zoning Board occurring not less than 14 days after
the Advisory Committee's action.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Site plan waiver. Notwithstanding anything contained in Subsections A through F, inclusive, and Subsection G(1) and (2) above, and § 411-10, upon submittal of an application for same, the Site Plan Review Advisory Board may recommend a waiver of formal site plan review if the only change is that of a new occupancy, a tenant fit-out, tenant alteration, or the like, and the request involves applications where the building(s), parking lot, and associated improvements are already in existence, are in satisfactory condition under existing local ordinances, and the building lines proposed by the application coincide with existing building lines on the subject property. The Site Plan Review Advisory Board shall review applications for both site plan and site plan waivers submitted to the Board Secretary to determine the application's compliance with applicable Township ordinances and general site design components and to provide recommendations to the Planning and Zoning Board of Cinnaminson on such. The applicable Township ordinances to be reviewed by the Site Plan Review Advisory Board in connection with site plan reviews and site plan waiver requests, which shall guide the Planning Board's decision on whether to grant a waiver, shall include, but are not limited to, property maintenance, use, location, bulk standards, buildings and improvements, buffer, landscaping and streetscape requirements, lighting, curbing and sidewalks, density, open space, traffic and pedestrian patterns, parking requirements, including ADA requirements, and such other general design components that the Board deems necessary to evaluate the application.
A.
General requirements.
(1)
All site plans submitted to the Cinnaminson Township Board shall
contain the following information:
(a)
The name and address of the present owner.
(b)
The name, address, seal and signature of the New Jersey licensed
architect or engineer who prepared the plan.
(c)
The Cinnaminson Tax Map lot and block numbers of the property
in question; lot and block numbers and owners' names of all adjacent
properties, including across roadways.
(d)
The date of preparation, including all revision dates, scale
(not less than one inch equals 50 feet) and North arrow.
(e)
The dimensions and area of the lot to the nearest 1/100 of an
acre based upon a property survey.
(f)
The zone which the property is situate in and the boundary line
of any other zoning district, if such boundary line abuts the property
in question.
(g)
A key map of the site plan area at a scale of not less than
one inch equals 400 feet, showing the site in relation to surrounding
areas.
(i)
The location, species and caliper of any existing trees over
six inches caliper. Where areas of the site are wooded, the limits
of said wooded areas may be shown in lieu of locating the individual
trees.
(j)
The location of any watercourses or high-/low-water lines.
(k)
The location and details of any signs, both existing and proposed.
(l)
Existing and proposed spot elevations and/or contours based
on United States Coast and Geodetic Survey datum. A specific bench
mark shall be identified.
(m)
The location, size and nature of all existing and proposed rights-of-way,
easements or other encumbrances which may affect the property.
(n)
The location, size and nature of the entire property even though
only a portion of the entire property may be involved in the site
plan.
(o)
A clear statement of the number of parking spaces both required
and provided; indicate dimensions of parking spaces and aisleways.
(p)
Architectural floor plans and building elevations of all proposed
structures at a scale of not less than 1/8 inch equals one foot zero
inches.
(q)
Provisions for refuse storage with appropriate screening of
nonflammable material. All refuse storage enclosures shall be constructed
on concrete pads and shall be located at a minimum of 20 feet from
any structure or property line. Screening shall consist of chain link
fence with metal slats or masonry with an approved finish, six feet
in height.
(r)
All building setback lines.
(s)
The location of all roof ridgelines and points of discharge
for rainwater.
(t)
All plans shall be drawn on a sheet 18 inches by 24 inches,
24 inches by 36 inches or 30 inches by 42 inches.
(u)
The location, size and type of all existing and proposed utility
lines (electric, telephone, water, sanitary sewer, etc.). All proposed
utility lines shall be constructed below ground.
(v)
A bituminous paved fire lane a minimum of 15 feet wide unless
additional requirements are imposed by the Fire Marshal.
(w)
The location and size of all existing and proposed fire hydrants
and water mains, including the main size. The necessary fire hydrants
shall be in place before building construction.
(2)
A soil erosion and sedimentation control plan, approved by the
Burlington County Soil Conservation Service, shall be submitted to
the Board prior to the granting of final site plan approval.
(3)
Six copies of the site plan shall be submitted to the Secretary
of the Board at least 14 days prior to a regular meeting of the Board.
(4)
The Board may require additional information from the applicant
to clarify existing conditions or proposed improvements.
(5)
Site plans must be in conformance with the latest approved design
standards and/or the Board Engineer's recommendations before the applications
will be placed on the agenda of a regular meeting of the Board for
their consideration.
(6)
Two copies of an accurate boundary survey shall accompany all
site plan submissions. The boundary survey shall accompany all site
plan submissions. The boundary survey shall bear the name and seal
of the New Jersey licensed land surveyor who prepared the plan.
(7)
Site plans must include, whenever the applicant proposes excavation
work in connection with the project, a detailed program designed to
prevent rodent infestation and, in the event of infestation, to control
and terminate such rodent infestation. The County Board of Health,
at the request of the Township, will determine the acceptability of
any rodent-control program submitted with the applicant's proposed
site plan and will make visual inspections of the site, upon two weeks'
notice, as the Board may determine, to ensure that the applicant has
prepared and successfully monitors and completes the rodent-control
program.
(11)
Location of all wetlands and wetland transitions on and off
site as established by the New Jersey Office of Freshwater Wetlands.
B.
The requirements set forth in this section for design standards of
site plans of Cinnaminson Township are only minimum requirements required
of all developments in this Township.
C.
Notwithstanding the requirements set forth in this section, the Cinnaminson
Board may, in its sole discretion, waive any and all requirements
set forth in this section.
D.
The Cinnaminson Board shall have the power to waive formal site plan
review for certain developments, including signs, provided that they
meet the following conditions, as certified by the Board Engineer:
(1)
Conditions.
(a)
The development does not substantially affect existing drainage.
(b)
The development does not require additional parking.
(c)
The development does not increase the dimensions of the existing
buildings on the proposed property, except for such minor deviations
as mechanical enclosures, facade changes, awnings, weather enclosures,
porticos, etc.
(d)
The development is of such a character that it is not a nuisance
to adjacent property owners.
(2)
Submissions. If a developer shall meet the aforesaid requirements,
the following shall be submitted to the Cinnaminson Board by the applicant:
(a)
The standard site plan application, complete in regard to all information pertaining to the property, building and the requested change; provided, however, that no architect engineer shall be required for plans judged to meet the aforesaid conditions set forth in Subsection D(1)(a) through (d) above.
(b)
The boundary survey of the site, showing the date of preparation,
scale, not less than one inch equals 50 feet with North arrow, and
the area of the lot shown to the nearest 1/10 of an acre.
(c)
The zone in which the property is situated, which shall be verified
by the Zoning Officer.
(d)
A description or key map showing the location of the site sufficient
to allow the reader of the plan to find the property in question.
(f)
All construction drawings covering any site or building changes.
(g)
All buildings shall be shown on the survey with the locations
of the site changes clearly identified. All plans shall be drawn on
a sheet 18 inches by 24 inches, 24 inches by 36 inches or 30 inches
by 42 inches.
(h)
The applicant shall provide color photographs (minimum of four
such photographs in substantially different orientations), at least
five inches by seven inches, of the site.
(i)
The applicant shall comply with the additional requirements
for new or altered freestanding signs, which shall be as follows:
[2]
Provide color photographs (minimum of four such photographs
in substantially different orientations), at least five inches by
seven inches, of the area where the sign is to be located.
[3]
Submit drawings delineating the details and the location of
any signs, both existing and proposed.
[4]
Submit drawings delineating the location, size and nature of
all existing and proposed rights-of-way, easements or other encumbrances
in the immediate vicinity or which may otherwise affect the proposed
sign location.
[5]
Submit structural plans of the proposed sign, including mounting,
support and foundation system.
[6]
Submit all building setback lines.
F.
Trees.
(1)
No tree shall be planted within the Township right-of-way or
within five feet of the Township right-of-way except as authorized
by the Township.
(2)
The type of trees that may be planted in the general area of
the Township right-of-way or within five feet thereof, or near the
public sidewalk, shall be the type of trees whose roots will not destroy
the public sidewalk and shall be the type of trees that are not on
the Township restricted list as prepared by the Shade Tree Commission
and the Township Administrator.
A.
Encourage the continued use of historic resources and facilitate
their appropriate reuse.
B.
Safeguard the heritage of the Township of Cinnaminson by preserving
the resources within the Township which reflect elements of its cultural,
social, economic and architectural history.
C.
Maintain and develop an appropriate and harmonious setting for the
architecturally significant buildings, structures and sites within
the Township.
D.
Stabilize and improve property values and discourage the unnecessary
demolition of historic and architectural resources for the education,
pleasure and welfare of the citizens of the Township and its visitors.
E.
Foster civic and private reinvestment.
F.
Promote appreciation of the historic and architectural resources
for the education, pleasure and welfare of the citizens of the Township
and its visitors.
G.
Spur beautification and private reinvestment.
H.
Recognize the importance of historic and architectural resources
by urging property owners and tenants to maintain their properties.
I.
Prevent any construction, demolition, or exterior alteration that
would injure, depreciate, or conflict with the character of any designated
historic structure or landmark.
J.
Encourage the proper maintenance and preservation of historic and
architectural resources by urging property owners and tenants to maintain
their properties.
K.
Encourage only appropriate alterations of historic and architectural
resources.
L.
Enhance the visual and aesthetic character, diversity, continuity
and interest of the Township.
M.
Promote the conservation of historic and architectural resources
and compliance with historic preservation.
The Township Clerk of the Township of Cinnaminson.
Those paint colors that are found to be traditionally associated
with specific architectural styles or periods of architectural design.
For the purposes of an application made to the Historic Preservation
Commission, such paint color or combination of colors, to be used
in an appropriate scheme, shall be obtained from the following paint
manufacturer color charts, or documented equivalents: Finnaren &
Haley Authentic Colors of Historic Philadelphia; Finnaren & Haley
Victorian Hues; Sherwin-Williams Heritage Colors; Pratt & Lambert
Historical Homes; and Benjamin Moore Historical Color Collection.
See "historic site."
The municipal agency established pursuant to N.J.S.A. 40:55D-107
and this chapter with all of the powers and duties enumerated therein.
Any real property, man-made structure, natural object, or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic, or architectural significance.
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 and appearance prior to the occurrence of such deterioration,
wear or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, using the same materials
having the same appearance.
A.
An Historic Preservation Commission is hereby created pursuant to
the authority under the Municipal Land Use Law at N.J.S.A. 40:55D-107
et seq.
B.
The Historic Preservation Commission shall consist of five members
and one alternate, who all shall serve without compensation.
C.
The Commission positions shall be filled by people who are interested
in and qualified to contribute to the preservation of historic and
architectural resources, structures, sites and objects.
(1)
The Commission shall represent the following categories:
(a)
Class A: persons who are knowledgeable in building design and
construction or in architectural history, who may reside outside of
the municipality.
(b)
Class B: persons who are knowledgeable or have a demonstrated
interest in local history, who may reside outside of the municipality.
(c)
Class C: persons who are residents of the Township and who do
not hold a paid municipal office, position or employment, but may
hold membership on the Planning Board or Zoning Board.
(2)
There shall be at least one member from Class A and Class B,
respectively.
D.
Commission members shall be appointed by the Mayor with advice and
consent of Township Committee and shall serve as follows: two members
will serve for one year, one member shall serve for two years, one
member will serve for three years, and one member will serve for four
years. The alternate member shall serve for a two-year term. If a
Commission member is also a Planning Board or Zoning Board member,
the term of office as Commission member shall expire at the same time
as his Board membership expires. Vacancies shall be filled in the
same manner in which the previous incumbent was appointed, and such
vacancy appointment shall be only for the balance of an unexpired
term.
E.
The Commission shall adopt internal rules and procedures for the
transaction of its business, subject to the following:
(1)
The Commission shall elect from its members a Chairman and Vice
Chairman.
(2)
A quorum for the transaction of all business shall be three
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. 10:4-6 et seq.).
(4)
Commission meetings shall be scheduled at least once every month
or as often as required to fulfill its obligations.
(5)
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.
A.
An Inventory of Historic Sites is included as Schedule A below. This
schedule may be amended or updated by ordinance.
[Amended 12-18-2017 by Ord. No. 2017-16]
|
Schedule A
Inventory of Historic Sites
| ||
|---|---|---|
|
Property
|
Address
|
Block/Lot
|
|
Burlington County Footlighters
|
808 Pomona Road
|
Block 3211, Lot 2
|
|
Westfield Friends
|
2201 Riverton Road
|
Block 2210, Lot 16
|
|
Trinity AME Church
|
Fork Landing Road
|
Block 203, Lot 15
|
|
The Moravian Church
|
1921 Cinnaminson Avenue
|
Block 1904, Lot 5
|
|
Management Office, Lakeview Memorial Park
|
1300 Route 130
|
Block 2507, Lot 1
|
|
Asbury Methodist Church and Cemetery
|
2492 Andover Road
|
Block 2707, Lot 24
|
B.
Any historic sites added by the process described above shall be
accompanied by a certified notice to the property owner that his property
is being considered for inclusion on the Inventory of Historic Sites,
which notice shall be sent 10 days prior to second reading of the
ordinance creating said inclusion.
Applications for development, zoning permits and building permits
within the Historic District or for an historic site shall be reviewed
by the Historic Preservation Commission for their effect upon the
purpose and intent of these provisions in accordance with the procedures
of the Historic Preservation Commission and the review criteria herein.
A.
Intent.
(1)
It is the intent of this section that the Historic Preservation
Commission shall encourage only appropriate alterations or repairs
to historic sites which would be complimentary to the original or
dominant architectural style and which would enhance rather than detract
from the structure's predominant appearance. This work shall also
be complementary to adjoining structures.
(2)
It is intended that demolition of historic structures shall
be discouraged, as their loss will be a common loss to the Township
and its citizens. Moving an historic structure should be approved
only as the last resort as an alternative to demolition.
B.
Actions requiring certificates of appropriateness and review by the
Historic Preservation Commission.
(1)
Before work can commence on any of the following activities
on an historic site, a certificate of appropriateness shall first
be issued by the administrative officer for:
(a)
Demolition, in whole or in part, of an historic site.
(b)
Relocation of any improvement within any historic site.
(c)
Significant, nonhistoric changes in exterior appearance by means
of repainting (not to include repainting in the same color or an historically
certified color).
(d)
Changes in exterior appearance by means of nonordinary repairs,
replacement, rehabilitation, alteration or addition to any historic
site.
(e)
New construction taking place on the Tax Map lot of a designated
historic site.
(f)
Changes in or additions of new signage or exterior lighting.
(g)
Zoning variances affecting an historic site.
(h)
Roadway widening projects.
(2)
A certificate of appropriateness shall not be required for the
following:
(a)
Any plan, project or work requiring site plan and/or subdivision
approval by the Planning Board or Zoning Board.
(b)
When an historic site requires immediate or emergency nonordinary
repair to preserve the continued habitability of the landmark and/or
the health, safety and welfare of the occupants, such nonordinary
repairs may be performed in accordance with the Township codes, without
the necessity of first obtaining the Commission's review. Under such
circumstances, the nonordinary repairs shall be only such as are necessary
to protect the health and safety of the occupants of the historic
site, to protect the health and safety of the general public, and/or
to maintain the habitability of the landmark as determined by the
Township Construction Official. The repair shall be temporary in nature
until the Historic Preservation Commission has had the opportunity
to review and comment on the nonordinary repair work. In such cases,
the property owner shall immediately notify the administrative officer
of such nonordinary repairs. A request for a review shall be made
as soon as possible, and no further work shall be performed upon the
historic landmark until an appropriate approval is obtained in accordance
with the procedures set forth in this chapter. The Chairperson may
call a special meeting of the Historic Preservation Commission in
accordance with the provisions for emergency review with cases of
extreme emergency which call for extensive nonordinary repairs or
alterations, and in accordance with the requirements of N.J.S.A. 40:55D-111,
as amended.
(3)
Procedures for emergency review.
(a)
The Commission, in addition to conducting reviews at its regularly
scheduled meetings, may conduct emergency review meetings when necessary
at the call of the Chairperson to review an application on an accelerated
basis.
(b)
The emergency meetings may be held when any action requiring
consideration of an historic landmark requires immediate or emergency
nonordinary repair to preserve the continued habitability of the landmark
and/or the health, safety, and welfare of its occupants or others.
(c)
An emergency meeting may be held as soon as possible upon appropriate
notification and normal public notice.
(4)
Appellate review of any decision of the Commission may be taken
to the Zoning Board of Adjustment.
(a)
In the case of any item not requiring a certificate of appropriateness,
or significant, nonhistoric changes in exterior appearance by means
of repainting (i.e., the use of a new color or color scheme, as described
above), the Zoning Board of Adjustment, pursuant to N.J.S.A. 40:55D-70a,
shall determine whether there is an error in any order, requirement,
decision or refusal made by the administrative officer or the Commission.
Furthermore, pursuant to N.J.S.A. 40:55D-70.2, the Zoning Board of
Adjustment shall include the reasons for its determination in the
findings of its decision thereon.
(b)
In the case of an appeal as referenced in Subsection B(4)(a), the aggrieved party shall notify the Zoning Board of Adjustment of said party's intention to appeal the order, requirement, decision or refusal made by the administrative officer or the Commission. Said notice of appeal must be filed within 10 days of the adoption of the order, requirement, decision or refusal being appealed. Failure to provide said notice within the ten-day limit will act as a bar to any future appeal.
(c)
The scope of appeal by the Zoning Board shall be de novo based
upon the record before the Commission and any supplemental or corroborative
evidence. The Commission or its representative shall be entitled to
present any evidence deemed necessary to address or contradict any
new evidence or substantially different evidence from that presented
to the Commission.
(5)
In the case of a referral by the administrative officer of a
minor application for the issuance of a permit pertaining to historic
sites, as defined in this chapter, the Chairman of the Historic Preservation
Commission may act in the place of the full Commission in issuing
a recommendation for the certificate of appropriateness.
(6)
A certificate of appropriateness may also be issued by way of
an administrative approval for the following types of minor work:
(a)
Changes to the appearance of existing signage that does not
involve altering the existing area of the sign.
(b)
Replacement of fences employing similar materials.
(c)
Work involving repairs and replacements, provided period-appropriate,
in-kind materials are utilized of proper size, scale, configuration,
color and/or texture.
(d)
Installation of landscaping plantings.
C.
Standards and review design criteria of application for a certificate
of appropriateness.
(1)
It shall be the duty of all property owners, and/or municipal
officials reviewing permit applications involving real property or
improvements thereon, to confer with the administrative officer for
a determination whether such application involves any activity which
should be subject to a certificate of appropriateness. If a formal
review by the Commission is warranted, the Commission shall serve
in an advisory capacity to the administrative officer making recommendations
based on its findings, in accordance with N.J.S.A. 40:55D-111.
(2)
An application for a certificate of appropriateness shall be
submitted on forms provided by the administrative officer. Each application
submission shall include, at a minimum, the following information:
(a)
Those drawings, plans, photographs, manufacturer specifications,
and sample materials that are required by the administrative officer,
and/or as may be noted in the application checklist.
(b)
Detailed drawings, when required by the administrative officer, which shall be drawn at the appropriate scales and shall depict the exact work to be performed, including renderings of the exterior of any proposed new building and/or structure or any exterior alterations to existing improvements. A detailed plot plan delineating the relationship of the renderings of the proposal in relation to adjacent improvements, buildings and/or structures or surrounding lands may be required as determined by the administrative officer. Drawings shall be prepared and sealed by either a New Jersey licensed registered architect or other New Jersey licensed design professional or by the residing property owner of a single-family dwelling under his/her ownership with an accompanying affidavit of ownership, as required by P.L. 1989, Chapter 277 (commonly known as the "Building Design Services Act," N.J.S.A. 45:4B-1 et seq.) or other applicable laws of the State of New Jersey.
(c)
A statement of the relationship of the proposed work to the
standards for designation in N.J.A.C. 7:50-6.154(b) and the standards
for approval of certificates of appropriateness as set forth in the
following subsections.
(3)
The aforesaid information, when required, shall be submitted
by the administrative officer to the Historic Preservation Commission
for a report of review and recommendation in accordance with N.J.S.A.
40:55D-111.
(4)
The administrative officer shall, upon receipt of an application
for a certificate of appropriateness, when required, schedule the
applicant for a meeting with the Historic Preservation Commission,
and shall give written notice to the applicant confirming the date,
time and location of said meeting. The Commission's deliberations
shall be conducted in accordance with the Open Public Meetings Act.[1] The applicant or a duly authorized representative shall
be present at the scheduled meeting. Any application which is not
properly represented may be denied without prejudice or adjourned
by the administrative officer or Commission.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(5)
Hearings relating to applications for a certificate of appropriateness
for demolition or relocation of historic sites shall be public hearings
advertised in the manner provided by N.J.S.A. 40:55D-1 et seq. In
these cases, the applicant shall be responsible for providing the
required legal notice in accordance with the law and shall submit
the following:
(a)
A list of all property owners' names and addresses within 200
feet of the subject property boundary lines that have been sent certified
mail notice of the hearing not less than 10 days before it is to be
heard; and
(b)
Proof of publication of a notice of the scheduled hearing in
the official newspaper of the municipality not less than 10 days before
the hearing.
(6)
In reviewing the application, the administrative officer or
the Historic Preservation Commission, as the case may be, shall consider
and make specific findings upon whether the applicant may make any
responsible use of the subject property (as permitted by the applicable
Zoning Ordinance[2]) in the event that the application should be denied or
granted with conditions. No application may be denied or modified
in the absence of a specific finding by the administrative officer
that such denial or condition of approval will not render the property
useless for a permitted use. The administrative officer shall be bound
by the decision rendered by the Historic Preservation Commission,
the Zoning Board of Adjustment, or the Planning Board, as may be the
case, depending upon which agency has review authority on the application.
(7)
In its review, the administrative officer or the Historic Preservation
Commission, as the case may be, may also be guided by the Secretary
of the Interior's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings, and the Preservation Briefs (prepared by the United
States Department of the Interior, National Park Service, Washington,
D.C., and as amended from time to time), as well as any cultural resource
surveys or historic documents available. In the event that there is
a conflict between any of the documents referenced above and the Secretary
of the Interior's Standards, the Standards of the Secretary of the
Interior shall prevail.
(8)
With respect to applications for demolition, the Commission
shall first consider whether preservation of the historic landmark
in place is feasible or, failing that option, whether preservation
of the historic landmark at another location is feasible.
(a)
In determining whether preservation of the historic landmark
in place is feasible, the following shall be considered:
[1]
Whether the historic landmark represents the last or best remaining
example of its kind in the Township that possesses research potential
or public education values.
[2]
Whether the historic landmark can be preserved by protecting
its location from disturbance.
[3]
Whether affirmative measures, such as stabilization, rehabilitation,
restoration or reuse, can result in preservation of the structure
in order to comply with the requirements of the Uniform Construction
Code.
[4]
Whether redesign of the development proposal to avoid impact
can result in preservation.
[5]
Whether the steps necessary to preserve the historic landmark
are feasible and practical.
[6]
Whether the protective measures will result in long-term preservation
of the historic landmark.
[7]
The extent to which the historic landmark is an attraction for
tourists and students.
[8]
The historic, architectural, aesthetic and social significance
of the structure and/or importance and uniqueness to the Township
and extant archaeological resources.
(b)
In determining whether preservation of the historic landmark
at another location is feasible, the following shall be considered:
[1]
Whether the historic landmark can be removed and still retain
its historic significance.
[2]
Whether the historic landmark is sufficiently well preserved
to permit relocation.
[3]
Whether alternative locations that are compatible with the historic
landmark are available.
[4]
Whether it is feasible and practical to relocate the historic
landmark.
[5]
Whether the relocation will result in long-term preservation
of the historic landmark.
(c)
Nothing in this section shall preempt the administrative authority
of the municipal Construction Code Official.
(9)
With respect to applications for relocation within and/or out
of the district or municipality, the Commission shall first consider
whether preservation of the historic landmark in place is possible.
In making this determination, the following shall be considered:
(a)
Whether the historic landmark represents the last or best remaining
example of its kind in the Township that possesses research potential
or public education values.
(b)
Whether the historic landmark can be preserved by protecting
its location from disturbance.
(c)
Whether affirmative measures, such as stabilization, rehabilitation,
restoration or reuse, can result in preservation of the structure
in order to comply with the requirements of the Uniform Construction
Code, or other applicable construction codes as may be adopted by
the State of New Jersey and the Township of Cinnaminson.
(d)
Whether redesign of the development proposal to avoid impact
can result in preservation.
(e)
The probability of significant damages to the historic landmark
and whether protective measures will result in long-term preservation
of the historic landmark.
(f)
The extent to which relocation would affect the value of surrounding
buildings and/or structures and the ambiance of the Historic District
(if the landmark should be located within such a district).
(g)
The historic loss to the site of the original and extent to
which it is an attraction for tourists and students.
(h)
The historic, architectural, aesthetic and social significance
of the structure and/or importance and uniqueness to the Township
and extant archaeological resources.
(i)
The compelling reasons for not retaining the historic landmark
at the present site.
(10)
With respect to applications for certificates of appropriateness
relating to changes in exterior appearance, new construction, alteration(s),
addition(s), nonordinary repair(s), rehabilitation, replacement(s),
signage or exterior lighting, excavation, ground disturbance, or any
other improvement within the Historic District, the following should
be considered:
(a)
The use of any building and/or structure involved.
(b)
The historical or architectural value and significance of the
building and/or structure and its relationship to the historic value
of the surrounding area.
(c)
The effectiveness of the proposal in adhering to the building's
and/or structure's original style or destroying or otherwise affecting
the exterior texture, materials and architectural features.
(d)
The overall effect that proposed work would have upon the protection,
enhancement, perpetuation and the use of the property, adjoining properties
and the Historic District in which it is located.
(e)
The general compatibility of exterior design, arrangement and
materials proposed to be used and any other factor, including aesthetic,
which is found to be pertinent.
(f)
The practicality and feasibility of performing the work with
materials or workmanship of a type equivalent or similar to the historical
or architectural era during which the structure, building or place
was constructed.
(g)
The impact of the proposed change upon archaeological resources.
(h)
The Commission may also consider the general purposes of the
Municipal Land Use Law set forth in N.J.S.A. 40:55D-2, including but
not limited to the following:
[1]
The appropriate use or development of all lands
in a manner which promotes the public health, safety, morals and general
welfare;
[2]
Promotion of a desirable visual environment through
creative development, techniques and good civic design and arrangements;
[3]
Conservation of historic sites and districts, open
space, energy resources and valuable natural resources to prevent
degradation of the environment through improper use of land;
[4]
Encouraging coordination of the various public
and private procedures and activities, shaping land development with
a view of lessening the cost of such development and to the more efficient
use of land.
(11)
In assessing visual compatibility, the following factors (commonly
known as "visual compatibility factors") shall be considered in reviewing
applications for new construction, alterations, additions, or replacements
affecting an historic landmark or an improvement within an historic
district:
(a)
Height. The height of the proposed building and/or structure
should be visually compatible with adjacent buildings and/or structures.
(b)
Proportion of the building's front facade. The relationship
of the width of the building and/or structure to the height of the
front elevation should be visually compatible with buildings and/or
structures and places to which it is visually related.
(c)
Proportion of window and door openings. The relation of the
width of windows to the height of the doors in a building and/or structure
should be visually compatible with the buildings and/or structures
and places to which it is visually related.
(d)
Rhythm of filled spaces between buildings and/or structures.
The relationship of filled spaces to open space between it and adjoining
buildings and/or structures and places to which it is visually related.
(e)
Rhythm of solids to voids on facades fronting on public places.
The relationship of solids to voids in such facades of a building
and/or structure should be visually compatible with the buildings
and/or structures and places to which it is visually related.
(f)
Rhythm of entrance and porch projections. The relationship of
entrance and porch projections to the street to which it is visually
related.
(g)
Roof shape. The roof shape of a building and/or structure should
be visually compatible with buildings and/or structures to which it
is visually related.
(h)
Relationship of materials, textures and color. The relationship
of materials, textures and color of the facade and roof of a building
and/or structure should be visually compatible with the predominant
materials used in the buildings and/or structures to which it is visually
related.
(i)
Scale of building and/or structure. The size and mass of a building
and/or structure in relationship to open spaces, the windows, door
openings, porches and balconies should be visually compatible with
the buildings and/or structures and places to which it is visually
related.
(j)
Wall of continuity. Appurtenances of a building and/or structure,
such as walls, open-type fencing and evergreen landscape masses, should
form cohesive walls of enclosure along a street, to the extent necessary
to maintain visual compatibility of the building and/or structure
and places to which it is visually related.
(k)
Directional expression of front elevation. A building and/or
structure should be visually compatible with the buildings and/or
structures to which it is visually related in its dimensional character,
whether this is vertical character, horizontal character, or nondirectional
character.
(l)
Exterior features. A building and/or structure's related exterior
features such as lighting, fences, signs, sidewalks, driveways and
parking areas should be compatible with the features of those buildings
and/or structures which it is visually related to and should be appropriate
for the historic period for which the building and/or structure is
significant.
(12)
In addition to the visual compatibility factors listed in Subsection C(11), the following standards for rehabilitation, as promulgated by the United States Secretary of the Interior, should be considered with respect to work proposals dealing with historic landmarks:
(a)
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building, structure and its site and environment.
(b)
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.
(c)
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historic
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(e)
Distinctive stylistic features, finishes, and construction techniques
or examples of craftsmanship which characterize a building, structure
or site shall be preserved.
(f)
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.
(g)
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials shall not be used. The surface
cleaning of buildings and/or structures, if appropriate, shall be
undertaken using the gentlest means possible.
(h)
Significant archaeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(i)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property, neighborhood and its environment.
(j)
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.
A.
In conjunction with all applications presented to the Planning Board
or Zoning Board of Adjustment for site plan or subdivision approval(s)
(which applications relate to any buildings and/or structures designated
as an historic landmark pursuant to this section), an applicant shall
also submit a copy of such application to the Historic Preservation
Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application
shall solely pertain to the proposed development review.
B.
The application shall be scheduled for review by the Historic Preservation
Commission at its next regular scheduled meeting. Upon completion
of its review, the Commission shall forward a report of its findings
to either the Planning Board or Zoning Board of Adjustment, as the
case may be, recommending an approval (with or without conditions)
or recommending denial. The recommendation shall be in the form of
a written report conveyed to the appropriate board. The Historic Preservation
Commission may provide its advice through the Commission's delegation
of one of its members or staff to testify orally at the hearing on
the application and to explain any technical comments or recommendations
as outlined in the written report.
C.
The Commission's recommendations shall focus on how the proposed
undertaking would affect a landmark's historic or architectural significance
guided by the documents, standards and design criteria for review
of applications established in this section. Neither the Planning
Board nor the Zoning Board of Adjustment shall take action on any
development application request affecting an historic landmark or
an improvement within the Historic District without first reviewing
and considering the Commission's recommendations. In considering the
Commission's recommendations, the Planning Board or Zoning Board of
Adjustment shall also be guided by the review criteria established
in this section.
A.
In the event that any historic structure deteriorates to the point
that, in the best estimate of the Construction Official, the costs
of correcting the outstanding code violations equals more than 25%
of the cost of replacing the entire structure on which the violations
occur, the Construction Official shall serve personally or by certified
mail, return receipt requested, a notice to the owner of the historic
structure listing the violation, the estimate for the abatement, and
the replacement cost of the structure. If the owner does not take
all necessary remedial action within 90 days, or such extensions as
the Construction Official grants, the Township may, after 90 days,
enter upon the property and abate such violations itself and cause
the cost to become a lien on the property.
B.
Upon receiving the notice the owner may, within 10 days, notify the
Construction Official and request a formal hearing as to the allegations
and estimates set forth in the notice. A hearing shall be held within
45 days of the date of receipt of the owner's request, or at a later
date if the parties agree.
C.
If the owner does not request a hearing, the procedures set forth in Subsection A above shall apply. If a hearing is requested, the Construction Official will, at least 10 days before the hearing, serve the owner with a written opinion setting forth his or her reasons and conclusions. The hearing shall be conducted by the Historic Preservation Commission at a time and place established by the Chairperson.
D.
Thereafter, if the owner does not comply, 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 all violations.
A.
Within 45 days of a submission of an application for a certificate of appropriateness as described in §§ 330-110 through 330-118, the Historic Preservation Commission shall report to the administrative officer; its report may recommend issuance of the certificate of appropriateness (with or without conditions) or may recommend denial of the certificate of appropriateness. A timely report shall be binding on the administrative officer. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the certificate of appropriateness and without the recommendation of conditions to the certificate of appropriateness.
B.
A certificate of appropriateness which permits new construction,
demolition, relocation, alteration, additions, nonordinary repairs
or replacements affecting an historic landmark shall be conditioned
upon the appropriate treatment of the resources according to the provisions
of N.J.A.C. 7:50-6.156(c)3.
C.
The work authorized by the certificate of appropriateness must be
initiated within one year from the date that the certificate has been
granted. If a construction permit is required for such work, the certificate
of appropriateness shall be valid for the life of the permit and any
extensions thereof; otherwise, the certificate of appropriateness
shall be valid for a period of two years from the date of issuance.
For the purpose of this section, a certificate of appropriateness
shall be deemed invalid if the work ceases for a period of six months
after commencement of the work. Reasonable extensions may be granted
by the Commission based upon appropriate persuasive evidence.
D.
An applicant for a certificate of appropriateness who is dissatisfied
with the actions of the administrative officer in denying the certificate
of appropriateness or in issuing the certificate of appropriateness
with the 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 an 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.
In the event that any person shall undertake or cause to be undertaken any exterior work on an historic landmark for which a certificate of appropriateness is required without first having obtained such a certificate of appropriateness, such person(s) shall be deemed to be in violation of §§ 330-110 through 330-117 and shall pay a fine, upon conviction, of not less than $50 and not more than $1,000, and subject to the following:
A.
Upon learning of the violation, the administrative officer shall
promptly serve upon the owner of the property whereon the violation
is occurring a notice describing the violation in detail and giving
the owner a specific time frame to abate the violation by restoring
an historic landmark or improvement to its status quo ante. If the
owner cannot be personally served within the municipality with said
notice, a copy shall be posted on site and a copy shall be mailed
to the owner by certified mail, return receipt requested, at the owner's
last known address as it appears on the municipal tax rolls.
B.
In the event that the violation is not abated within the specified
time from receipt of the notice or posting on site, whichever is earlier,
the administrative officer shall cause to issue a summons and complaint,
returnable in the Municipal Court, charging violation of this section.
Each day the violation continues to persist shall constitute a separate
and new offense.
C.
In the event that any action would permanently adversely change the
historic landmark, such as demolition or removal, without a certificate
of appropriateness and construction permit having been issued, the
administrative officer 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.
D.
The Township may further seek compensation for any violation of the
provisions of this section which results in a loss of or damage to
an historic structure, whether through demolition, removal, alteration,
neglect or other means. The Township is hereby authorized to file
an action in Superior Court, Law Division seeking said compensation.
[Added 4-18-2022 by Ord. No. 2022-3]
A.
Subdivision review. All subdivisions, as defined under § 330-2, are subject to the review procedures specified herein.
B.
Site plan review. No construction permit shall be issued for any
new structure or for an addition or alteration to an existing structure,
and no certificate of occupancy shall be issued for any change of
use of an existing structure until the site plan has been reviewed
and approved by the municipality except that:
(1)
A construction permit for a single-family detached dwelling
unit or a two-family dwelling unit shall not require site plan approval.
(2)
Any change of use from one permitted category of nonresidential
use to another permitted category of nonresidential use may not require
site plan approval if:
(a)
The Site Plan Review Advisory Board advises, in writing, to
the Planning Board that existing site development meets the requirements
of this section for the new use category; and
(b)
The new use category does not require an increase in the number
of parking spaces that would cause a nonconforming condition for the
site for which a bulk variance would be required pursuant to N.J.S.A.
40:55D-70(c).
(3)
Permitted accessory buildings to residential and agricultural/horticultural
uses shall not require site plan approval.
(4)
Building alterations shall not require site plan approval if
the following conditions apply:
(a)
There is no change in use;
(b)
No additional parking is required;
(c)
No more than 2,500 square feet of additional building area is
proposed;
(d)
No variance is required;
(e)
There is no substantial change in circulation proposed such
as drive-through windows, ingress or egress drives, changes in internal
circulation, loading or unloading, delivery or pickup of goods and
services or trash collection;
(f)
There are no substantial changes in a significant site facility
or improvement such as drainage facility, buffer or landscaping features
and the like;
(g)
An applicant may elect to file for preliminary and final site
plan approval simultaneously to expedite the review process. The site
plan shall be prepared according to the requirements stipulated for
final approval. Developers electing to bypass the preliminary approval
stage are doing so at the peril of added expense if changes in design
are required.
C.
Variance relief. All applications for variance relief not involving
any related site plan, subdivision or conditional use approval shall
be made to the Zoning Board of Adjustment and shall be filed at least
30 days' prior to the date of the meeting. The filing shall include
17 copies of any maps and related material; four completed copies
of the appropriate application form(s), which includes the checklist
for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this section[1]; and the fee in accordance with Chapter 265 of this Code. The Board shall act upon the application as required by law.
[1]
Editor's Note: Said checklist is on file in the Township
offices.
D.
Informal review by the Site Plan Review Advisory Board.
(1)
At the request of a developer, the Site Plan Review Advisory
Board shall hear one informal presentation of a concept plat or plan
for a development for which the developer intends to prepare and submit
an application for development. The information to be included for
a concept plat or plan shall be sufficient to enable the Site Plan
Review Advisory Board and the applicant to comment upon:
(a)
Design concepts, such as building location, ingress and egress,
parking, major natural features that will have to be recognized or
may influence certain design criteria, and the applicant's basic
intent for water, sewerage and storm drainage facilities.
(b)
The effect on environmentally sensitive areas based upon a map
of the site indicating all ecologically sensitive areas as derived
from the applicant's or his representative's knowledge of
the site and ecologically sensitive lands as indicated in the regulatory
maps and recommendations of the Ecological Planning Study.
(2)
The developer shall be required to pay a fee for an informal presentation of a concept plat or plan in accordance with Chapter 265 of this Code; moreover, no professional review(s) will be undertaken unless the developer has agreed to pay for said review(s) and has established an escrow account also in accordance with § 330-2 of this Code.
(3)
A developer desiring to have a concept plat or plan informally
reviewed by the Site Plan Review Advisory Board shall submit the required
application forms which include the checklist for informal review
attached to this section[2] to the Administrative Officer at least 15 days' prior
to the meeting of the Site Plan Review Advisory Board. The Administrative
Officer shall thereafter notify the developer of the time and place
which has been scheduled by the Site Plan Review Advisory Board for
the informal review. No request for informal review shall take preference
on the agenda over, or prior to, a formally submitted application
for development for which time limits are telling pursuant to N.J.S.A.
40:55D-1 et seq., and the Site Plan Review Advisory Board may, prior
to said review, establish a time limit for said informal review.
[2]
Editor's Note: Said checklist is on file in the Township
offices.
