[HISTORY: Adopted by the Town Council of the Town of Belvidere 7-21-2008 by Ord. No.
2008-02. Amendments noted where applicable.]
This chapter shall be known by and may be referred to by the
short title of the "Historic Preservation Advisory Commission of the
Town of Belvidere."
A.
There is hereby created in the Town of Belvidere a commission to
be known as the "Historic Preservation Advisory Commission," referred
to in this chapter as the "Commission."
B.
In adopting this chapter, it is the intention of the Belvidere Town
Council to create an agency which will work with and advise the Planning
Board on the effect of development applications on designated historic
landmarks or improvements within the historic district. In addition,
the Commission shall review all development activities involving the
exterior of an historic landmark or an improvement within the historic
district.
C.
This chapter does not require or prohibit any particular architectural
style; rather, its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end, new construction
upon or near a landmark should not necessarily duplicate the exact
style of the landmark; it must be compatible with and not detract
from the landmark.
D.
The boundaries of the historic district, including those landmarks
located therein, are hereby established as an overlay zoning district
to the Town Belvidere Zoning Map as shown on the attached map labeled
"Historic District Overlay Zone." Other historic districts or landmarks
may be established from time to time according to the criteria enacted
by this chapter.
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Town's environment in order:
A.
To safeguard the heritage of Belvidere by preserving resources within
the Town which reflect elements of its cultural, social, economic
and architectural history;
B.
To encourage the continued use of historic landmarks and to facilitate
their appropriate use;
C.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or districts within the Town of Belvidere;
D.
To stabilize and improve property values within the district and
foster civic pride in the built environment;
E.
To promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population;
G.
To manage change by preventing alteration or new construction not
keeping with the district;
H.
To discourage the unnecessary demolition of historic resources;
I.
To recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties in keeping with the requirements and standards of
this chapter;
J.
To encourage the proper maintenance and preservation of historic
settings and landscapes;
K.
To encourage appropriate alterations of historic landmarks;
L.
To enhance the visual and aesthetic character, diversity, continuity
and interest in the Town;
M.
To promote the conservation of historic sites and districts and to
invite and encourage voluntary compliance.
As used in this chapter, the following terms shall have the
meanings indicated:
The construction of a new improvement as part of existing
improvements when such new improvement changes the exterior architectural
appearance of any landmark.
The person designated by the Town Council to handle the administration
of historic project review applications as well as the coordination
of building permit applications as referenced in this chapter.
Any development activity which alters the exterior architectural
appearance of an historic landmark or any improvements within an historic
district.
Any work done on any improvements which:
A structure created to shelter human activity.
Partial or total razing or destruction of any landmark or
of any improvement within an historic district.
The condition of being in need of repair; a structure or
building in disrepair.
A geographically definable area, urban or rural, small or large,
possessing a significant concentration, linkage, or continuity of
sites, buildings, structures and/or objects which, viewed collectively:
Resources within an historic district shall be classified as
either "key," "contributing," or "noncontributing," which are defined
as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify of landmark status.
CONTRIBUTINGAny building, structure, sites or objects which are integral components of the historic district because they either date from a time period for which the district is significant, or represent an architectural type, period, or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant, nor represent an architectural type, period, or method for which the district is significant.
Buildings, structures, sites or objects which possess integrity
of location, design, setting, materials, workmanship, and association
or which have been determined, pursuant to the terms of this chapter
to be:
Of particular historic significance to the Town of Belvidere
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or local history; or
Associated with the historic personages important in national,
state or local history; or
The site of an historic event which has a significant effect
on the development of the nation, state or community; or
An embodiment of the distinctive characteristics of a type,
period, or methods of architectural or engineering; or
Representative of the work or works of a locally, regionally
or nationally important builder, designer, artist or architect; or
Significant for containing elements of design, detail, materials
or craftsmanship which represents a significant innovation; or
Able or likely to yield information important in prehistory
or history.
The body which, for the purposes of this chapter, acts as
the historic preservation commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
A thing of functional, aesthetic, cultural, historic, or
scientific value that may, by nature of design, moveable yet related
to a specific setting or environment.
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 prior to the occurrence of such deterioration, wear
or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same material having the same appearance.
A zoning district made up of underlying zone districts or
parts of zone districts as shown on the Town Zoning Map. An overlay
zone district controls certain standards with the exception of bulk
and use requirements, which are controlled by the underlying zone
district(s).
To partially or completely cause a structure or portion of
a structure to change to another location, position, station or residence.
Repairs affecting the exterior architectural appearance of
a structure.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains; or it may be
symbolic focus of a significant event or pattern of events that may
not have been actively occupied. A site may also be the location of
a ruined building, structure, or object if the location itself possesses
historic, cultural, or archeological significance.
Any man-made work arranged in a definite pattern of organization.
A zoning district which forms a constituent part of an overlay
zone district. Underlying zone districts control bulk and use requirements.
The following regulations shall apply to all landmarks within an historic district and to any other historic resources which are designated in accordance with the procedures outlined in § 300-9.
All uses permitted for an historic landmark or for structures
within an historic district shall be those designated by the Official
Zoning Map. Such uses shall not be altered by further designation
as an historic district.
The maximum building height, minimum lot size, maximum coverage,
etc., shall be as provided in the zoning ordinance for the respective
zones, except that the Planning Board may grant variances from such
regulations where necessary to preserve historic characteristics,
subject to the requirements of the Municipal Land Use Law.
A.
The Historic Preservation Advisory Commission shall consist of five
members and two alternates who shall serve without compensation, except
that the Commission members shall be reimbursed for reasonable and
necessary expenses incurred in the performance of official business,
including attendance at annual training sessions and/or programs that
relate to historic preservation, within the guidelines of the budget
established by the Town Council for the Commission.
B.
Membership.
(1)
The Commission positions shall be filled by people who are interested
in and qualified to contribute to the preservation of historic buildings,
structures, sites, objects and districts. The Commission shall represent
the following categories:
(a)
Class A - persons who are knowledgeable in building design and
construction or in architectural history;
(b)
Class B - persons who are knowledgeable or have demonstrated
interest in local history;
(c)
Class C - persons who are residents of the Town and who hold
no other municipal office, position or employment except for membership
on the Planning Board.
(2)
There shall be at least one member from each Class A and Class B;
these members may reside outside the municipality.
C.
Commission members shall be appointed by the Mayor and shall serve
for four-year terms, except that of the first members appointed, one
member shall serve for one year, two members shall serve for two years,
and two other members shall serve for three years. The alternate members
shall initially serve two-year terms. All members may, at the expiration
of their terms, be eligible for appointments to four-year terms. If
a Commission member is also a Planning Board member, the term of office
as a Commission member is the same length as the Board position. Vacancies
shall be filled in the same manner in which the previous incumbent
was appointed and such vacancy appointments shall be only for the
balance of the unexpired term.
D.
The Commission shall adopt internal rules and procedures for the
transaction of business, subject to the following:
(1)
The Commission shall elect from its members a Chairman and a 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.
10:4-7 et seq.
(4)
The Commission shall employ, designate or elect a secretary who need
not be a member of the Commission. The secretary shall forward all
minutes and records of all meetings and proceedings, including voting
records, attendance, resolutions, findings, determinations and decisions
to the Municipal Clerk as the Custodian of Records. All such material
shall be made public records.
(5)
Commission meetings shall be scheduled at least once every month,
or as often as required to fulfill its obligations to advise the Planning
Board or Town Council.
(6)
No Commission member shall be permitted to act on any matter in which
he or she has either directly or indirectly any personal or financial
interests.
(7)
A member of the Belvidere Town Council shall be designated by the
Mayor as liaison between the Historic Preservation Advisory Commission
and the Town Council.
E.
The Historic Preservation Advisory Commission shall be responsible
to:
(1)
Review historical survey material and, if necessary, to update said
material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's integrity
or condition.
(2)
Recommend to the Planning Board and the Town Council any additional sites to be designated as historic landmarks in accordance with the procedures established in § 300-9.
(3)
Conduct research on and, if necessary, to nominate any additional
significant resources to the State and National Register of Historic
Places. If the Town is certified under the state's Certified Local
Government (CLG) program, the Commission shall, in accordance with
the state's CLG guidelines, review and comment on all State and National
Register nominations for historic resources within the Town of Belvidere.
(4)
Advise the Planning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in § 300-11.
(5)
Review all proposed actions, including those involving building applications, which affect the exterior architectural appearance of historic landmarks or improvements within an historic district and to advise the Planning Board on the approval of said requests in accordance with the procedures established in § 300-12.
(6)
Review all proposed actions and applications for actions affecting the exterior architectural appearance of an historic landmark or improvement within an historic district and to make recommendations to the Planning Board in accordance with the criteria outlined in § 300-13.
(7)
Assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation.
(8)
Advise the Town Council on the relative merits of proposals involving
public lands to restore, preserve and protect historical buildings,
places and structures, including the preparation of a long range plan;
therefore securing state, federal and other grants in aid to assist
therein and monitoring such projects once underway.
(9)
Secure the voluntary assistance of the public and (within the limits
of the budget established by the Town Council for the Historic Preservation
Advisory Commissions' operation) to retain consultants and experts
and incur expenses to assist the Historic Preservation Advisory Commission
in its work.
(10)
Cooperate with local, county, state, or national historic societies,
governmental bodies and organizations to maximize their contributions
to the intent and purpose of this chapter.
(11)
Request the Town Council or its designated agent to seek, on
its own motion or otherwise, injunctive relief for violations of this
chapter or other actions contrary to the intent and purpose of this
chapter.
(12)
Advise and assist the Planning Board during the preparation
and/or update the Municipal Master Plan, the historic preservation
plan element of the Master Plan and six-year capital improvement program.
(13)
Prepare and distribute an historic guideline handbook to be
utilized for application reviews and foster appropriate rehabilitation
within the historic districts.
(14)
Advise and assist property owners and other persons and groups,
including neighborhood organizations who are interested in historic
preservation.
(16)
Report at least annually to the Town Council on the state of
historical preservation in the Town and recommend measures to improve
same.
(17)
Collect and disseminate material on the importance of historical
preservation and techniques for achieving same.
(18)
Advise all municipal agencies regarding goals and techniques
of historic preservation.
(19)
Adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
(20)
Perform any other lawful activities which shall be deemed necessary
to further the purposes of this chapter.
A.
In addition to the structures already identified as within the Belvidere
Historic District, the Commission shall consider for landmark designation
any additional buildings, structures, objects, sites, and districts
within the Town which merit landmark designation and protection, possessing
integrity of location, design, setting, materials or workmanship and
being:
(1)
Of particular historic significance to the Town of Belvidere by reflecting
or exemplifying the broad cultural, political, economic, or social
history of the nation, state, or community; or
(2)
Associated with historic personages important in national, state,
or local history; or
(3)
The site of an historic event which had a significant effect on the
development of the nation, state, or community; or
(4)
An embodiment of the distinctive characteristics of a type, period,
or method of architectural or engineering; or
(5)
Representative of the work of an important builder, designer, artist
or architect; or
(6)
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation; or
(7)
Able or likely to yield information in prehistory or history.
B.
Based on its review or upon the recommendations of other municipal bodies or of concerned citizens, the Commission may make a list of additional landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to criteria in Subsection A, a description of the landmark's location and boundaries, and a map siting. The Commission shall, by certified mail:
C.
The list of potential additional landmarks as well as the descriptions,
significance, location, boundaries, and map siting of each shall be
subject to review at a Commission public hearing. At least 10 days
before such a hearing, a preliminary list and map showing proposed
additional landmarks shall be published, together with notice of their
hearing, in an official newspaper of the municipality. At the hearing,
interested persons shall be entitled to present their opinions, suggestions
and objections on the proposed recommendations for landmark designation.
The Commission shall then prepare a concise report, including a list
and a map of its recommendations for sites to be designated as local
landmarks. Copies of the report shall be delivered to the Town Council,
the Planning Board and the Municipal Clerk and a notice of the action
published by the Commission Secretary in an official newspaper of
the Town. The published notice shall state the Commission's recommendations
and also that final designation shall be made by the Town Council
at a public meeting specified on a date not less than 15 nor more
than 45 days from the date of publication. The Town Council shall
then consider the designation list and map, and may approve, reject
or modify same by ordinance. Once adopted, the designation list and
map may be amended in the same manner it was adopted. Upon adoption,
the designation list and map shall also be incorporated by reference
into the municipal master plan and zoning ordinance as required by
State enabling legislation.
D.
Copies of the designation list and Official Map as adopted shall
be made public and distributed to all municipal agencies reviewing
development applications and building permits. A certificate of designation
shall be served by certified and regular mail upon each owner included
on the list, and a true copy thereof shall be filed with County Clerk
for recording in the same manner as a certificate of lien upon real
property.
A.
All permits and development applications involving all development activities that affect an historic landmark or an improvement within an historic district shall be reviewed by the Commission, except as set forth in Subsection B. Such review shall be required for, but not limited to, the following actions:
(1)
Demolition of an historic landmark or of an improvement within an
historic district.
(2)
Relocation of any improvement within an historic district or any
historic landmark.
(3)
All changes in the exterior architectural appearance of any improvement
within an historic district or of any historic landmark by addition,
alteration or replacement.
(4)
Any new construction of an improvement in an historic district.
(5)
Site plans or subdivisions affecting an historic landmark or an improvement
within an historic district.
(6)
Zoning variances affecting an historic landmark or an improvement
within an historic district.
B.
Review by the Commission is not required:
(1)
When an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with Town codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in § 300-13 and the guidelines for review of applications as adopted by the Planning Board in accordance with § 300-8 of this chapter.
(2)
For change to the interior of structures.
(3)
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require the Commission's review according to this criteria:
(a)
Repair of existing windows and doors, using the same material,
including installation of storm windows that are compatible with the
architectural period or design of the subject structure.
(b)
Maintenance and repair of existing roof material, involving
no change in the design, scale, material or appearance of the structure.
(c)
Repair of existing roof structures, such as cupolas, dormers
and chimneys, using the same materials, which will not alter the exterior
architectural appearance of the structure.
(d)
Replacement in kind of existing shingles, clapboards, or other
siding maintaining the architectural integrity of the structure.
(e)
Maintenance and repair of existing shingles, clapboards or other
siding, using the same materials that are being repaired or maintained.
(f)
Exterior painting of existing structures.
(g)
Repairs to existing signs, shutters, outdoor displays, fences,
hedges, street furniture, awnings, off-street driveway and parking
materials and sidewalks, using the same material for those items noted
above being repaired.
C.
Applications to Commission.
(1)
In the event that the Zoning Officer or the Construction Official
of the Town of Belvidere shall determine that a building permit and/or
development application involving any development activity that would
affect an historic landmark or an improvement within an historic district
is not needed, then the property owner and/or tenant of the property
on which changes, alterations or improvements are proposed to be made
shall make application directly to the Commission. Such applications
shall be made to the Commission regarding:
(a)
All changes in the exterior architectural appearance of any
improvement within an historic district or any historic landmark by
addition, alteration or replacement.
(2)
The Commission shall hear such applications, employing its procedures
used for all other applications, and will render its findings in accordance
with those procedures. The findings of the Commission, in such cases,
shall be enforceable by the Municipal Construction Official.
A.
For all applications presented to the Planning Board which affect an historic landmark or an improvement within an historic district, the property owner shall submit an "Historic Landmark Project Review Application" to the Planning Board, along with the request for the Board's approval. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 300-12 of this chapter.
B.
The Planning Board will forward to the Commission a complete set
of all application materials as well as the Historic Landmark Project
Review Application. The Commission shall be allowed at least 14 days
from the day it receives a complete application to prepare its recommendations
to the Planning Board. Said recommendations shall be in the form of
a written report which shall be forwarded to the Planning Board.
C.
The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in § 300-4 of this chapter. In considering the Commission's recommendations, the Planning Board shall be guided by the review criteria established in § 300-13 of this chapter.
A.
Prior to undertaking any action affecting the exterior architectural
appearance of an historic landmark or an improvement within an historic
district, the property owner shall submit an "Historic Landmark Project
Review Application" to the Planning Board, along with the request
for the Planning Board's approval. Such an application shall pertain
solely to the proposed site review or zoning request. If building
permits are required, these actions will be reviewed separately by
the Commission in accordance with the Planning Board.
B.
If the proposed undertaking requires a building permit, the administrative
officer shall notify the applicant that he/she must submit an Historic
Landmark Project Review Application to the Historic Preservation Advisory
Commission. This includes, but is not limited to, permits for new
construction, demolition, alterations, additions, or replacements
affecting the exterior architectural appearance of an historical landmark
or an improvement within an historic district.
C.
The Commission's administrative officer shall review the application
for technical completeness. Any application found to be incomplete
shall be returned to the applicant within 10 days of receipt of the
application.
D.
When an application is found to be technically complete, the administrative
officer shall schedule the application to be reviewed at the Commission's
next regularly scheduled meeting. The applicant shall be notified
of the meeting date and shall be allowed an opportunity to speak at
the meeting.
E.
The Commission through its administrative officer, shall recommend to the Construction Official either the approval or denial of the application and shall explain in writing the reasons for its recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance in § 300-4 of this chapter.
F.
An application involving demolition or removal shall be referred by the administrative officer to the Planning Board. The Commission's recommendation to the Planning Board shall specifically include whether postponement should be considered by the Planning Board in accordance with § 300-14. If the Planning Board votes to postpone, the Commission shall undertake such investigation and take such actions as the Planning Board requests.
G.
If the proposed undertaking involves a request for a building permit, the administrative officer shall, upon receipt of the Commission's recommendation, but no later than 45 days from the date that a complete application is received by the Commission, issue the appropriate directive to the Construction Official. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit. In considering the Commission's recommendations, the Construction Official shall be guided by the review criteria established in § 300-13 of this chapter and shall follow the recommendations of the Commission unless for good cause his or her opinion shall differ. In such case, the Construction Official shall state his or her reasons in writing.
H.
If the proposed undertaking will change the exterior architectural
appearance of any improvement within an historic district or of any
historic landmark by addition, alteration or replacement, but does
not require a building permit and/or Planning Board review, the property
owner or designated representative shall complete and submit to the
Commission's administrative officer an Historic Landmark Project Review
Application.
I.
In considering the Commission's recommendations the Planning Board shall be guided by the review criteria established in § 300-13 of this chapter and shall follow the recommendations of the Commission unless for good cause its opinion shall differ. In such case, the Planning Board shall state its reasons in writing.
In reviewing an application for its effect on an historic landmark
or an improvement within an historic district, the following criteria
shall be used by the Historic Preservation Advisory Commission and
the Planning Board. The criteria set forth in Subsection A relate
to all projects affecting an historic landmark or an improvement within
an historic district. The criteria set forth in Subsections B through
E relate to specific types of undertakings and shall be used in addition
to the general criteria set forth in Subsection A.
A.
In regard to all applications affecting an historic landmark or an
improvement within an historic district, the following factors shall
be considered:
(1)
The impact of the proposed change on the historic and architectural
significance of the landmark or the historic district.
(2)
The landmark's importance to the municipality and the extent to which
its historic and architectural interest would be adversely affected
to the detriment of the public interest.
(3)
The use of any structure involved.
(4)
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within an historic district
from a public street.
(5)
If the application deals with a structure within an historic district,
the impact the proposed change would have on the district's architectural
or historic significance and the structure's visual compatibility
with the buildings, places and structures to which it would be related
in terms of the compatibility factors set forth herein.
B.
In regard to an application for new construction, alterations, additions,
or replacements affecting an historic landmark or an improvement within
an historic district, the following factors shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportion of the building's front facade. The relationship of the
width of the building to the height of the front elevations shall
be visually compatible with the buildings and places to which it is
visually related.
(3)
Proportion of openings within the facility. The relationship of the
width of windows to the height of windows.
(4)
Rhythm of spacing of buildings on streets. The relationship of the
buildings to the open space between it and the adjoining buildings
shall be visually compatible with buildings and places to which it
is visually related.
(5)
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
C.
Rehabilitation.
(1)
Supplemental design guidelines which should be considered in evaluating
the appropriateness of changes to an historic landmark or within an
historic district are as follows:
(a)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the building to which it is visually related.
(b)
Walls of continuity. Appurtenances of a building such as walls,
open type fencing, evergreens, landscape masses, shall for cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the main building with the buildings and places
to which it is visually related.
(c)
Exterior features. A structure's related exterior features such
as lighting, fences, signs, sidewalks, driveways, and parking areas
shall be compatible with the features of those structures to which
it is visually related and shall be appropriate for the historic period
for which the structure is significant. New signage shall also abide
by any supplemental historic design graphic standards that may be
developed by the Commission for the district.
(2)
It is not the intent of this chapter to discourage contemporary architectural
expression or to encourage new construction which emulates existing
buildings of historic or architectural interest or of a certain period
or architectural style; but rather to preserve the integrity and authenticity
of the historic preservation districts and to insure the compatibility
of new structures therein.
D.
In regard to an application to demolish an historic landmark or any
improvement within an historic district, the following matters shall
be considered:
(1)
Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 300-4.
(2)
If it is within an historic district, the significance of the structure
in relation to the historic character of the district and the probable
impact of its removal on the district.
(3)
Its potential for use for those purposes currently permitted by the
zoning ordinance.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(6)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(7)
The extent to which its retention would promote the general welfare
by maintaining and increasing real estate values, generating business,
attracting tourists, attracting new residents, stimulating interest
and study in architecture and design, or making the municipality an
attractive and desirable place in which to live.
(8)
If it is within an historic district, the probable impact of its
removal upon the ambience of the historic district.
E.
In regard to an application to move an historic landmark, or to move
any structure within an historic district, the following matters shall
be considered:
(1)
The historic loss to the site of original location and the historic
district as a whole.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this chapter.
(5)
The probability of significant damage to the landmark or structure
itself.
(6)
If it is to be removed from the Town of Belvidere, the proximity
of the proposed new location to the Town, including its accessibility
to the residents of the Town and other citizens
A.
Approval by either the Construction Official or Planning Board in accordance with the procedures in §§ 300-11 and 300-12 shall be deemed to be final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in an historic district.
B.
Denial of approval for a development application or of a building
permit shall be deemed to bar the applicant from undertaking the action
requested concerning the landmark or improvement in an historic district.
C.
The Planning Board, upon affirmative vote of a majority of its full
membership, may postpone demolition of a landmark for up to one year.
The Commission and Planning Board may utilize this time period to
consult with the County Historical Society, the New Jersey Department
of Environmental Protection, or other similarly qualified organizations
to ascertain how the Town may preserve the building and/or the premises.
The Commission shall be empowered to assist the owner in developing
plans to preserve the structure when moving or demolition thereof
would be a great loss to the Town. When an applicant wishes to demolish
a landmark, a building or structure on a landmark site, or a building
or structure in an historic district, the Commission shall negotiate
with the applicant to see if an alternative to demolition can be found.
No municipal official shall issue a demolition permit for a landmark
without review from the Commission and Planning Board approval. If
it determines to postpone demolition, the Planning Board may request
that the Town Council initiate such actions as may lead to the preservation
of the premises within the one-year hiatus.
(1)
In its review of an application to demolish a site, the Commission
may require the applicant to prepare a financial analysis which may
include any or all of the following:
(a)
Amount paid for the property, date of purchase, and party from
whom purchased, including a description of the relationship, whether
business or familial, if any, between the owner and the person from
whom the property was purchased;
(b)
Assessed value of the land and improvements thereon according
to the most recent assessment;
(c)
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record;
(d)
All appraisals obtained by the owner in connection with his/her
purchase or financing of the property, or during his/her ownership
of the property;
(e)
Bona fide offer of the property for sale or rent, price asked
and offers received, if any;
(f)
Any consideration by the owner as to profitable, adaptive uses
for the property.
(2)
The Commission shall study the question of economic hardship for
the applicant and shall determine whether the site or the property
in the historic district can be put to reasonable beneficial use without
the approval of the demolition application. In the case of an income-
producing building, the Commission shall also determine whether the
applicant can obtain a reasonable return from his/her existing building.
The Commission may ask applicants for additional information to be
used in making these determinations.
(3)
Prior to the issuance of a demolition permit, the Planning Board
may require the applicant to provide documentation of the resource
proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, archeological survey, and any other
comparable form of documentation stipulated by the Commission.
(4)
During the demolition, either members of the Commission or the Warren
County Historical Society shall be present to save, protect, and/or
receive valuable parts of the building. There shall be an ability
on the part of the Commission to conduct a dig at the site, if necessary.
The site shall be properly restored after demolition, to include grading
and landscaping.
D.
When the Commission determines that an application before it is to
be denied or its approval made subject to specific conditions, which
are found to be unacceptable to the applicant, then an appeal therefrom
shall lie to the Planning Board of the Town of Belvidere. Should,
as a result of the subsequent decision of the Planning Board, the
applicant wish to seek further redress, then such appeal shall be
filed for review directly to any court of competent jurisdiction according
to law and pursuant to the laws of the court.
E.
The granting or denial of approval for a building permit by the Construction
Official may be appealed to the Planning Board in the same manner
as if the appeal were taken pursuant to N.J.S.A. 40:55D-72 from any
action by the administrative officer.
A.
Any person who shall undertake an activity which would cause a change
in the exterior architectural appearance of any improvement within
an historic district or of any historic landmark by addition, alteration
or replacement without obtaining the review of the Historic Preservation
Advisory Commission shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot whereon the violation is occurring
a notice describing the violation in detail and giving the owner 10
days to abate the violation by restoring the landmark or improvement
to the condition it was in prior to the violation occurring. If the
owner cannot be personally served within the municipality with the
said notice, a copy shall be posted on the site and a copy sent to
the owner at his or her last known address as it appears on the municipal
tax rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable in the municipal
court, charging violation of this chapter and specifying the wrongful
conduct of the violator. Each day the violation exists shall be deemed
to be a new and separate violation of this chapter.
E.
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic landmark by addition, alteration or replacement without first having obtained approval of the Historic Preservation Advisory Commission, he or she shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the landmark affected pending a decision. If the project is denied, he or she shall immediately restore the landmark to its pre-activity status. The Zoning Officer is hereby authorized to seek injunctive relief in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to § 300-15B hereof. Such injunctive relief shall be in addition to the penalties authorized under § 300-15D hereof.
F.
In the event that any action which would permanently affect an historic
landmark or historic district, or a demolition to remove the landmark
is about to occur without approval having been issued, the Zoning
Officer is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
G.
The Historic Preservation Advisory Commission secretary, in the absence
of the Zoning Officer or at such times as may be permitted by law
or as directed by the Town Council, shall perform all of the duties
of the Zoning Officer that were granted to said officer by this chapter.
No duties or powers of the Commission shall supersede or infringe
on the powers of other Town boards and commissions.
