Article XXV H Historic Overlay Zone

The Commission shall represent the following categories:

Class A: At least one person who is knowledgeable in building design and construction or architectural history and who may reside outside of the City.

Class B: At least one person who is knowledgeable or with a demonstrated interest in local history, and an architect, civil engineer, or professional planner licensed by the State of New Jersey, and who may reside outside of the City. One member of Class B shall be a City Planner from the Division of Planning and Zoning.

Class C: Three citizens of the City of Camden holding no other City office, position or employment. To the greatest extent practicable, the membership of this class should consist of residents of the various historic districts in the City. Additionally, one member of Class C shall be a member of the Planning Board.

Members shall be appointed by the Mayor, with the consent of the City Council. Vacancies shall be filled for the remainder of the term.

Members shall be appointed for four-year terms. The initial terms of the required members from each of Classes A and B (including the City Planner), and two members from Class C (including the Planning Board member) shall be for one year. The initial terms of the remaining three members for Classes A, B, or C shall be for two years. After the initial terms of all the aforesaid members, members shall be appointed for four-year terms. Notwithstanding any other provision herein, the term of any member common to the historic preservation commission and the Planning Board shall be for the term of membership on the Planning Board.

[Amended 2-12-2013 by Ord. No. MC-4722]

Minutes of every meeting shall be kept and shall include the names of all persons appearing and addressing the Commission, the findings, if any, made by it and the reasons therefore. Copies of minutes shall be sent to the City Clerk and the Secretary of the Planning Board and Zoning Board of Adjustment.

The Commission shall elect a Chairman and Vice Chairman from any class, except Class A and the Class B City Planner, and select a Secretary, who may or may not be either a member of the Commission or a City employee.

[Amended 2-12-2013 by Ord. No. MC-4722]

The Commission may adopt reasonable rules not inconsistent with this article or other laws or ordinances for the administration of its functions or powers. The Commission may adopt standards for each historic district that provide guidance to owners of buildings within these districts.

Meetings.

[Amended 2-12-2013 by Ord. No. MC-4722]

All meetings shall be open to the public in accordance with the provisions of this article and the Open Public Meetings Act.[1]

[1]

Editor's Note: See N.J.S.A. 10:4-6 et seq.

Meetings of the Commission shall be scheduled not less than once a month and shall be held as scheduled, unless canceled for lack of applications to process.

Special meetings may be held at the call of the Chairman or on the written request of two Commission members.

A quorum shall be four members, at least one of whom shall be a Class C citizen of Camden member.

The Commission shall identify, record and maintain a system to survey and inventory all buildings, sites, places, landmarks and structures of historical or architectural significance, based on the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and to regularly update and revise the Camden Historic Survey and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and other related matters. The Commission has the power to recommend and advise the Planning Board or Zoning Board of Adjustment on:

All matters of site plan and/or subdivision approval and on any other matters which are proposed in an historic district or with respect to an historic structure not located in an historic district.

Changes to this article.

The designation of historic structures and changes or extensions of the boundaries of historic districts and the creation of new historic districts, including the review of National Register nominations. Such properties shall be reviewed in consideration of, but not limited to, the criteria for historic designation as established by the State Historic Preservation Office and the National Park Service.

The issuance of a certificate of appropriateness. The Commission shall advise and recommend to the Board with respect to the following:

Requests for permits for rehabilitation, restoration, reconstruction, alteration, new construction or demolition.

The appropriateness of design, arrangement and the materials and colors to be used in historic structures and buildings in historic districts.

Any new construction within an historic district shall be reviewed by the Historic Preservation Commission, certifying as to whether such use or construction will detract from the character of the historic district and is in visual harmony and compatibility with the structures and places within the district to which it is visually related and acts as a backdrop to and does not visually intrude upon such structures and places.

The Commission shall review only the exterior features of a structure and shall not consider interior arrangements.

The Commission shall encourage alterations, repairs, restoration, reconstruction and rehabilitation that are made in the spirit of their original architectural style and any additions that are made in such a manner as not to distract from a structure's historical significance.

The Commission shall use architectural standards for review of applications based on the secretary of interior standards for historic preservation projects and upon basic guidelines for rehabilitation of properties within specific historic districts as authorized by City Council. Specific basic guidelines corresponding to each district shall be promulgated and adopted by City Council as part of this article.

The Commission shall review all requests for demolition within an historic district or historic structures, as well as the development of any new landscaping, structure or improvement upon thereafter. The Commission shall be guided by the following additional considerations in exercising judgment in granting a certificate of appropriateness for demolition:

The structure is deemed by the Construction Code Official to be a hazard to public safety or health and repairs are impossible.

Such structure is a deterrent to a major improvement program which will be of substantial benefit to the City.

Retention or restoration of such structure within the parameters of this article would cause undue financial hardship to the applicant/owner. The Planning Board or Commission may take into consideration the financial capacity of the applicant/owner. However, a lack of maintenance causing advanced deterioration shall not justify the demolition of an historic structure.

Whether boarding up and securing the structure, including the roof, are a reasonable alternative to demolition.

Meeting health and safety requirements and eliminating dangerous conditions in a manner which minimizes removal or alteration of historic material or architectural features.

Salvaging architectural elements of the structure for future use on another structure or at another City site.

The Commission shall be involved in the following additional activities:

Propose, from time to time as deemed appropriate, the establishment of additional historic districts and revisions to existing historic districts.

Conduct a survey of exteriors of buildings, structures, objects and monuments for the purpose of determining those of historic and/or architectural significance and pertinent facts about them; and to maintain and periodically revise the detailed listings (resource inventories) of historic resources and data about them, appropriately classified with respect to national, state and local significance.

Formulate recommendations concerning the establishment of an appropriate system of markers for selected historic and/or architectural site and buildings including proposals for the installation and care of such historic markers.

Formulate recommendations concerning the preparation and publication of maps, brochures and descriptive materials about the City's historical and/or architectural sites and buildings.

Advise owners of historic buildings regarding rehabilitation, repairs, maintenance methods and technologies, adaptive use, economic and tax incentives and other historic preservation strategies.

Promote public interest in the purposes of this article by carrying on educational and public relations programs.

§ 870-155 Creation of districts and structure designation.

Adopt and publish historic preservation guidelines to facilitate reviews and establish design standards for the historic districts. Guidelines shall include the broad historic values and the relationship of buildings and structures to historic personages or events, significant architectural types, effects of the proposed changes on the general historical and architectural nature of the district, appropriateness of exterior architectural features that can be seen from the public right-of-way, the general design, arrangement, texture and material of a building or structure and the relationship of such features to other features of buildings or structures in the District, the height of new and modified buildings or structures, the demolition or displacement of historic building or structures, and the financial feasibility of its recommendations based upon unreasonable cost for repair or replacement in kind of whole or part of a building or structure.

The designation and creation of historic overlay districts and the designation of historic structures is hereby authorized.

Surveys shall be used as a basis for identifying future historic structures and historic districts worthy of such designation. The Commission shall consider for designation individual structures and districts that have already been designated in the Camden Historic Survey and that have integrity of location, design, setting, materials, workmanship and association, and that meet one or more of the following criteria or attributes:

Character, interest or intrinsic value as part of the development, heritage or cultural characteristics of the City, state or nation;

Identification with a person or persons who significantly enriched the City, state or nation;

Site of an historic event which had significant effect on the development of the City, state or nation;

Embodiment of distinctive characteristics of a type or period or method of construction, architecture or engineering;

Identification with the work of a master builder, builder, designer, artist, architect, developer or landscape architect whose work has influenced the development of the City, state or nation;

Unique location of singular physical characteristics that make a district, landmark or topographical feature an established or familiar visual feature or landmark in the City of Camden; or

Ability or potential ability to yield information important in prehistory or history.

Based on the Commission's review of the nomination or upon the recommendations of other City, state or federal agencies, or of interested parties, the Commission shall consider designation of an historic structure or historic district. State or federal recommendations may be in the form of an opinion, or a determination of eligibility from the State Historic Preservation Officer or his deputies or a determination of eligibility from the National Park Service, Office of the National Register. Designation shall occur according to the procedures outlined below:

The Commission or interested party shall prepare a nomination report for each proposed district or structure. For historic district designations, the report shall include a building-by-building inventory of all properties within the district, photographs of representative properties within the district, a property map of the district showing boundaries and tax parcel, a physical description and statement of significance for the district and a property tax parcel listing. For historic structure designations, the report shall include one or more photographs, the tax lot and block number of the property and a physical description and a statement of significance. A completed National Register nomination may also be used for structures or districts. In the case of federal or state determinations, the Commission shall prepare a nomination report for each district or structure determined to be eligible for listing in the National Register of Historic Places. All nominations for listing in the State or National Register of Historic Places, whether publicly or privately prepared, shall be reviewed by the Commission.

The Commission shall schedule a public hearing on the proposed designation of a district or structure. At least 10 days prior to the hearing, the applicant for designation or the Commission, as the case may be, shall by personal service or certified mail:

Notify each owner of private property of a proposed historic structure or each owner of a property within a proposed historic district that his or her property is being considered for historic designation and the reasons therefor;

Advise each owner of private property of the significance and consequences of such designation and of his or her right to object to such designation; and

Notify each owner of private property of the date, time and place of the hearing.

Public notice of the hearing shall be given at least 10 days prior to the hearing by publication in the official newspaper of the City. A copy of the nomination report shall also be made available for public inspection in the City Clerk's office at least 10 days prior to the hearing.

Upon Commission review and approval of the proposed historic district or historic structure designation, the Commission shall forward its report to the City Council. The City Council shall refer the report to the Planning Board, which in turn shall report to the City Council within 35 days. If the historic designation report is approved by the Planning Board, the Board shall amend the Camden Historic Survey accordingly and forward its recommendation for commensurate historic zoning change to the City Council. The City Council may disapprove or change any Planning Board recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the City Council of its obligations relating to referral of such a report to the Planning Board. City Council action on historic district or historic structure designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.

Notice of designation shall be made public by publication in the official newspaper of the City Council and distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to each owner affected by the designation as identified by the Tax Assessor. In those cases where City Council approval of an historic district or the extension of an existing district is forthcoming, the City Zoning Map shall be amended to indicate the extension of the Historic District overlay zone and Appendix A of the Camden Historic Survey shall be amended accordingly.

§ 870-159 Certification of appropriateness for actions.

A protest of a proposed historic district signed by 50% or more of the property owners within that proposed historic district may be filed with the City Clerk. Such designation shall not become effective following the filing of such protest except by a favorable vote of 2/3 of all members of the City Council.

§ 870-156 Compliance required.

The exterior of structures within designated historic districts or of designated historic structures shall not be restored, reconstructed, rehabilitated, constructed or demolished, altered or added to unless such action complies with the Secretary of the Interior's Standards or standards created specifically for the regulation of building restoration within historic districts and a certificate of appropriateness is issued.

If any person shall undertake any activity on a structure or improvement within an historic district or an individual historic structure without having first obtained a certificate of appropriateness, such person shall be deemed to be in violation of this article.

Upon learning of the violation, the Zoning Officer/Administrative Officer shall personally serve upon the owner of the lot whereon the violation is occurring or has occurred a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the structure or improvement to its status quo ante. If the owner cannot be personally served within the City with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner or violator at his last known address as it appears on the City tax rolls.

In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer/Administrative Officer shall find that the owner is in violation of § 870-165 of the City Code.

§ 870-157 Zoning regulations to apply.

All existing zoning regulations, in addition to those enumerated in this article, shall apply to historic districts. The historic structures and properties in Historic Districts and Conservation Districts identified in Appendix A of the Camden Historic Survey and the City Master Plan shall be included in an Historic District Overlay Zone.

§ 870-158 Applicability.

In no case shall this article be interpreted to review or regulate:

Any underground improvement; or

Any other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure.

A certificate of appropriateness is required in an historic district or historic structure for the following actions:

Rehabilitation of the exterior of a structure.

Restoration of the exterior facade of a structure.

Reconstruction of the exterior of a structure.

Additions to any structure.

Alteration of the exterior of a structure.

Demolition of a structure.

New construction.

Relocation of a structure or improvement.

Erection of signs.

Any applicant undertaking such rehabilitation, restoration, reconstruction, alteration, new construction or demolition of improvements shall first complete and submit an application for a certificate of appropriateness to the Zoning Officer/Administrative Officer or the Secretary of the Historic Preservation Commission.

The construction code official shall not issue a permit for exterior rehabilitation, restoration, reconstruction, alteration, new construction or demolition prior to action by the Commission and Board and a certificate of appropriateness issued, except in failure to act in the prescribed time pursuant to N.J.S.A. 40:55D-111.

A complete application shall consist of:

A completed application form, in full, supplied by the Historic Preservation Commission.

For vacant structures, additions and new construction, architectural drawings or rendering of details of the exterior of the structure, including but not limited to cornices, brackets, windows/fenestration, brickwork, mortar, window trim and moldings, heads and sills, porches, balusters, porch friezes, projecting elements, doors and bays and finishes to be applied to exterior details.

For occupied structures, a narrative description pursuant to guidelines set by the Commission of the proposed scope of work on a facade may be submitted instead of architectural drawings. Said narrative description of proposed scope of work may include but not be limited to the same details as in Subsection D(2) of this section.

Photographs of existing building or structure affected by proposed work and photographs of adjacent buildings and/or structures.

Material and product data indicating nature of new materials proposed.

Samples of proposed new and/or replacement materials (samples shall be brought by applicant to Commission meeting).

Claim of economic hardship with required support information and data.

Elevations and details of proposed sign indicating materials, dimensions, text style, and actual copy intended. Signs to be mounted and/or hung from a building or structure shall be represented by a drawing showing building or structure elevation at minimum scale of 1/4 inch equals one foot zero inches with proposed sign superimposed on elevation.

An application fee of $25 for exterior alterations or additions and $10 for signs. The fee may be waived for low- and moderate-income residents.

(10)

An application for a certificate of appropriateness for demolition under this article shall present evidence that the structure cannot be put to a reasonable, beneficial use or that there are other substantial grounds of hardship or need requiring demolition of the structure. A lack of long-term maintenance which has caused a deteriorated condition shall not be justification for issuance of a Certificate of Appropriateness for demolition.

Upon submission of a complete application to the Zoning Officer/Administrative Officer, and his certification thereof, the Historic Preservation Commission shall have no longer than 45 days, or such further time as may be consented to by the applicant, to take action on said application.

Failure by the Commission to take action within the prescribed time shall be deemed as recommending approval of the application and shall be forwarded to the Board.

The Commission shall be guided by the Secretary of the Interior's Standards and any standards adopted by the City Council for the regulation of specific historic sites or districts.

The Commission may recommend to the Board that the application be approved, approved with conditions or denied. A copy of the Commission's action shall be sent, by mail or hand delivery, to the applicant or his representative.

The Commission, when recommending denial of an application, shall give reasons for said action.

The Board shall hear all recommendations from the Commission, except as required under this article and the New Jersey Municipal Land Use Law.[1]

[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Approvals.

The Planning Board, pursuant to § 870-154, shall act within 45 days of Commission action, except when the Board of Adjustment is acting pursuant to Article XXXI, or within such further time as may be consented to by the applicant to take action on said application.

A majority of Board members present shall be considered necessary to take action on a Commission recommendation.

Failure of the Board to take action within the prescribed time shall be deemed as approving the application. The Secretary of the Board shall issue a certificate of appropriateness and shall note thereon that the Board failed to act within the prescribed time.

Upon favorable decision approving or approving with conditions any application, the Board shall issue a certificate of appropriateness. Conditions shall be in detail for rehabilitation, restoration, alteration, reconstruction, new construction or demolition.

The certificate of appropriateness shall authorize the Construction Code Official to issue a permit if all other conditions or requirements of the law have been satisfied. Copies of the Board's final decision shall also be sent to the following agencies:

The Division of Planning and Zoning.

The Department of Planning and Development.

The City Architectural Historian or the equivalent.

The City Clerk.

The Construction Code Official.

The Zoning Officer/Administrative Officer.

The City Council.

(h)

The Historic Preservation Commission.

If a certificate of appropriateness has been denied, the Construction Code Official or his agent shall not issue a permit unless a subsequent certificate for the same property has been granted.

If, after a certificate of appropriateness is issued, a change in scope of work becomes necessary, the applicant shall reapply to the Commission pursuant to procedures in this section. The new application shall be considered an amendment to the original application.

The certificate of appropriateness shall be valid for one year from the date of approval. Two extensions of six months each may be granted by the Planning Board. The running of the one-year approval, and the running of any extensions, shall be tolled during the period that the certificate of appropriateness is challenged in a court of law, or in any other manner whether administrative, legislative or judicial, including all applicable appeal periods. The provisions of this section shall be applicable to all certificates of appropriateness which have been issued and have not expired as of the date of adoption of this section (12-14-2010), as well as all certificates of appropriateness which are approved by the Planning Board after the date of adoption of this section. During the one-year approval period of any certificate of appropriateness, as well as the time periods by which it may be extended as a result of either extensions granted by the Planning Board or as a result of the tolling caused by a challenge described above, the City's right to enforce the certificate of appropriateness shall not be in any way limited or restricted by this chapter provision.

The Construction Code Official, Zoning Officer/Administrative Officer or their agents may stop work at any site which does not comply with an issued certificate of appropriateness and/or this article.

(10)

The Historic Preservation Commission shall review the municipal, State and National Register nominations with the same procedures as established for hearings as outlined under N.J.S.A. 40:55D-10 of the New Jersey Municipal Land Use Law. Notice of the hearing shall be published at least 10 days prior to the date thereof.

§ 870-160 Powers of Board.

The Planning Board shall review recommendations from the Historic Preservation Commission, unless an action under Article XXXI of this Code requires the action of the Zoning Board of Adjustment instead.

The Board shall take action on recommendations from the Commission on a certificate of appropriateness. The following actions are permissible actions:

Approve the application for a certificate of appropriateness.

Approve the application for a certificate of appropriateness with conditions. The Board shall detail such conditions as recommended by the Historic Preservation Commission or the Board.

Deny the application for a certificate of appropriateness.

The Board, when acting on any application, shall consider the guidelines and requirements outlined in §§ 870-154, 870-155, 870-159 and 870-161 of this article.

The Board shall issue a certificate of appropriateness whenever acting in regard to § 870-160B(1) or (2).

§ 870-161 Standards for review.

The Commission and Board shall be guided by the following standards in reviewing applications for a certificate of appropriateness:

Every reasonable effort should be made to provide a compatible use for structures which will require minimum alterations to the structure.

Rehabilitation should not destroy the distinguishing qualities or character of the structure. The removal or alteration of any historic material or architectural features should be held to a minimum, consistent with the proposed use.

Deteriorated architectural features should be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on documentation supporting the accurate duplications of original features.

Distinctive stylistic features or examples of skilled craftsmanship which characterize older structures and often predate the mass production of building materials should be retained wherever possible.

The original siding and roofing material should be maintained or repaired, and, if replacement is needed, it should be of the same material and size. If the same material is not available, a substitute material should be of the same shape size and color. Replacement materials or features may achieve their own significance over time and should not be altered or removed without sufficient cause.

Storm windows and doors are not prohibited, but should be as unobtrusive as possible.

All structures should be recognized as products of their own time. Alterations to create an appearance inconsistent with the original character of the structure shall be discouraged.

Signs in the Historic District, except public and temporary signs, should be reviewed for their conformity in exterior material composition, external appearance and size with similar advertising or information media used in this architectural period of the district or building. Signs should be reviewed in their relationship to the structure to which they are attached. The Commission should adopt, revise and publish Historic Camden Sign Design Guidelines to facilitate reviews and establish design standards for signs in the Historic Districts.

Visual compatibility.

In regards to applications for new construction, additions and alterations, in addition to those applicable standards for rehabilitation, visual compatibility factors shall be considered by the Commission. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereto with the buildings and places to which they are visually related:

Height of the proposed building shall be visually compatible with buildings and places within the district to which it is proximate or visually related.

The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places within the district to which it is proximate or visually related.

The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places within the district to which it is proximate or visually related.

The relationship of solids to voids in the front facade or facades fronting a public right-of-way or space shall be visually compatible with buildings and places within the district to which it is proximate or visually related.

The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places within the district to which it is proximate or visually related.

The relationship of entrance and porch projections to the street shall be visually compatible with buildings and places within the district to which it is proximate or visually related.

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 and places within the district to which it is visually related, and such materials, texture, and color shall act as a backdrop to and shall not intrude visually upon the buildings and places to which the building is related.

(h)

Appurtenances of a building such as walls, open-type fencing and landscape masses shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility with buildings and places within the district to which it is proximate or visually related.

(i)

The roof shape of a structure shall be visually compatible with buildings within the district to which it is visually related.

(j)

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 within the district to which it is proximate or visually related.

(k)

A building shall be visually compatible to the buildings and places to which it is proximate or visually related and its directional character, whether this be vertical character, horizontal or nondirectional character.

(l)

The pattern and variety of plantings shall be visually compatible with the historic landscape within the district to which they are visually related.

(m)

Parking areas shall be screened from view from the public right-of-way and from the structures within the district.

(n)

To the extent possible, views from structures or places within the district shall not be blocked or impeded.

It is not the intention of this subsection to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings of historic or architectural interest or of a certain period of architectural style, but to preserve the integrity and authenticity of the historic overlay zoning districts and to ensure the compatibility of alterations and new construction therein.

Consideration shall be given to detrimental impact and the financial condition of the applicant affected by the application of historic preservation standards and promoting less expensive alternatives when undertaking an alteration, improvement, rehabilitation or restoration of a structure.

The Commission shall be guided for further details by the Secretary of Interior Standards for Historic Preservation Projects, prepared by the Office of Archaeology and Historic Preservation, United States Department of the Interior, Washington, D.C., and as amended from time to time.

Demolition.

In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:

Its historic, architectural, cultural or scenic significance in relation to the criteria established in this article.

If it is within an historic district, its significance to the district as a key contributor or noncontributor and the probable impact of its removal on the district.

Its potential for use for those purposes currently permitted by the Land Development Ordinance.

Its structural condition and the economic feasibility of alternatives to the proposal. A prolonged lack of maintenance shall not facilitate the demolition of historic buildings.

Its importance to the City and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.

The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense.

The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, attracting new residents, encouraging study and interest in both American history and the history of Camden, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live and work.

Upon receipt of an application to demolish or raze a building or structure in the Historic District, if, for reasons it shall state in a written opinion, the Commission determines that the building or structure is of historical significance, the Commission shall seek alternatives to demolition and include those alternatives in its recommendation to the Board.

In the event the Board determines there are historically significant features and there appears to be no alternative to demolition, the applicant shall cooperate with the Board in permitting these features to be removed for preservation before the building or structure is demolished. The applicant shall provide photographic documentation of the structure and a site plan locating the structure on the site.

In regard to an application to move any historic landmark, or to move any structure within an historic district, the following matters shall be considered:

The historic loss to the site of original location and the historic district as a whole.

The compelling reasons for not retaining the landmark or structure at its present site.

If the proposed new location is within a district, visual compatibility factors as set forth in § 870-167.

The probability of significant damage to the landmark or structure itself.

If it is to be removed from the City of Camden, the proximity of the proposed new location to the City, including the accessibility to the residents of the City.

In regard to an application for site plan, subdivision and other development proposal within an historic district, the following matters shall be considered:

An archaeological and historic sites program made up of at least the following:

An archaeological and historic sites survey giving a history of the site and identifying all known historic features. Sites identified in such survey shall be registered by a qualified archaeologist in the New Jersey State Museum Site Registration Program; and

A proposal as to how archaeological sites and historical sites shall be treated and who during construction shall be responsible therefore.

The Planning Board may require deed restrictions as it deems desirable to protect the historic features of the property.

All development applications shall show all proposed improvements within the historic overlay zoning district, which shall be developed in accordance with a comprehensive plan, except that, in the case of historic overlay zoning districts containing tracts in different ownership, tracts therein under common ownership shall be developed in accordance with a comprehensive plan.

The Planning Board shall approve a site plan or subdivision only if the plan as proposed or conditioned adequately specifies how historic sites and archaeological sites on the parcel are to be treated and such proposal is appropriate given the nature of such sites. The applicant shall monitor construction to assure that all provisions of the approved plan as to the identification, preservation, or removal of historic features and historic or archaeological artifacts are complied with and shall appoint an individual in the field with the responsibility therefor and retain a person with the necessary expertise in connection therewith. In the case of accidental finds, the applicant shall report the same forthwith to the Zoning Officer/Administrative Officer and cease all construction activity with respect thereto for two working days (Monday through Friday, excluding holidays). The Commission or, in the absence of a quorum, the Chairman or, in his absence, the Secretary, may within such time order that the artifacts discovered be documented and removed under the supervision of the expert identified in the approval and at the expense of the applicant. In the case of extraordinary finds, the Commission, Chairman, or Secretary, as the case may be, may order that the work cease and that the plans be modified to reflect the find. Such order shall remain in effect only until the next meeting of the Planning Board unless the Planning Board at such meeting continues the order, with or without modifications.

The Planning Board when approving a development application in an historic overlay zoning district shall require stabilization plan review and approval by the Historic Preservation Commission that satisfies the following:

Any historic structure on the property be made secure against theft and vandalism.

Inflammable materials not be stored therein except in a manner approved by the Fire Marshal.

Emergency repairs sufficient to protect against deterioration of the structure be undertaken and proof of inspection for insect and vermin infestations and of appropriate remedial work be submitted.

The structure be made structurally sound and its basic electrical, plumbing, heating systems be inadequate working order and free of hazards to ensure structural and architectural integrity or the winterization of the historic structure so as to protect against damage.

Existing landscaping shall be documented by photographs and preserved when appropriate and further landscaping, as installed, shall be historically appropriate.

Interior features of historic significance such as moldings, fireplace mantels, doors and fixtures shall not be removed except for preservation purposes and that any such features which are removed shall be put back in place on the site.

The interior not be damaged and any damage be repaired.

The exterior of the structure be restored in a manner consistent with the criteria set forth in § 870-161.

§ 870-162 Maintenance and repair required.

The Planning Board may condition the filing of a site plan or subdivision upon the above obligations being met; may establish a phasing plan setting forth when any repair work shall be completed and the other obligations set forth herein are to be met; and may require that the repair and restoration work be subject to the approval of the Historic Preservation Commission and the approval of a certificate of appropriateness by the Planning Board based on the recommendations of the Historic Preservation Committee.

Any fence to be erected, altered or reconstructed in the historic district shall be referred to the Historic Preservation Commission for review before the Zoning Officer/Administrative Officer issues a fence permit. Such Historic Preservation Commission purview shall be limited to those cases where the fence is visible from a public street or right-of-way, including alleys, alleyways or other public easements.

Responsibility for maintenance; examples of disrepair.

Neither the owner nor the person in charge of a property listed in Appendix A of the Camden Historic Survey shall allow such property to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the life and character of the property or the historic district in which it may be located. Examples of the type of disrepair prohibited include, but are not limited to:

The deterioration of exterior walls or other vertical supports.

The deterioration of roofs or other horizontal members.

The deterioration of exterior chimneys.

The deterioration or crumbling of exterior walls, roofs and foundations, including broken windows or doors.

The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions, which could lead to the claim that a demolition is necessary for the public safety.

Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.

Lack of gutters, downspouts and/or flashing and sealant permitting water penetration.

(h)

Lack of paint permitting water penetration of wood or rusting of metals.