A.
Creation;
composition; terms. There is hereby created an Advisory Board of Economic
Development, which shall consist of nine members who shall serve without
compensation for the term of two years from the first day of January
of the year of appointment and until their successors are appointed
and qualified. The initial appointments made in calendar year 2015,
and the additional appointments of the two additional positions created
in 2017, shall be divided between one-year terms and two-year terms
so as to stagger the Board membership such that the terms of no more
than five members expire in any given year. The Board shall be comprised
of the following members, all of whom must be residents of the Township:
[Amended 5-26-2005 by Ord. No. 14-2005; 10-28-2015 by Ord. No. 16-2015; 6-28-2017 by Ord. No. 16-2017]
(1)
One member of the Township Council, appointed by the Council President.
(2)
The Mayor or his/her designee.
(3)
One member of the Washington Township Zoning Board upon selection
of the Zoning Board Chairman, subject to the approval of Township
Council.
(4)
One member of the Washington Township Planning Board upon selection
of the Planning Board Chairman, subject to the approval of Township
Council.
(5)
One member of the Washington Township Chamber of Commerce, to be
selected by the Chamber of Commerce, subject to the approval of Township
Council
(6)
Three members of the Washington Township business community, to be
selected by the Township Council, after submission of a resume.
(7)
One member from the Washington Township School District administration,
to be selected by the Township Council, after submission of a letter
of interest.
B.
Responsibilities. The Board of Economic Development
shall advise the Council with regard to advertising. It shall contact,
solicit and otherwise investigate all manners of attracting professional
and light industry to relocate and build in the Township. The Board
shall oversee the updating as well as developing of materials, both
film and print, to attract appropriate businesses.
C.
The Chairperson of the Board shall make monthly reports
regarding the Board to the Township Council.
[Amended by 5-3-2001 by Ord. No. 12-2001]
[Amended 3-12-2003 by Ord. No. 4-2003]
A.
Established. Pursuant to N.J.S.A. 40:56A-1 et seq.,
an Environmental Commission is hereby established.
B.
Purpose. The purpose of the Environmental Commission
is the protection, development and use of natural resources, including
water resources, in Washington Township.
C.
Composition, appointment, terms, vacancy.
(1)
Members.
(a)
The Commission shall consist of seven members appointed
by the Mayor, one of whom shall also be a member of the Township Planning
Board and all of whom shall be residents of the Township.
(b)
The members will serve without compensation.
(c)
The Mayor may designate one of the members to serve
as Chairperson or two persons as Cochairpersons as presiding officer(s)
of the Commission.
[Amended 1-26-2006 by Ord. No. 2-2006]
(d)
The terms of the office of the fist Commissioners
shall be for one, two and three years, to be designated by the Mayor
in making his/her appointments, so that the terms of approximately
1/3 of the members will expire each year. Their successors shall be
appointed for terms of three years and shall serve until the appointments
and qualifications of their successors.
(e)
The Mayor or Council may remove any member of the
Commission for cause, on written charges served upon the member and
after a hearing thereon, at which the member shall be entitled to
be heard in person or by counsel.
(f)
A vacancy on the Commission, occurring otherwise than
by expiration of term, shall be filled for the unexpired term in the
same manner as the original appointment.
(2)
Alternate members.
(a)
The Commission shall contain two alternate members
in addition to the regular members. The alternate members shall be
appointed by the Mayor, meet the same qualifications of regular members,
and serve during the absence or disqualification of any regular member.
The alternate members shall be designated at the time of appointment
as "Alternate Number One" and "Alternate Number Two."
(b)
The terms of the alternate member shall be for two
years, except that terms of the alternate members first appointed
shall be two years for Alternate Number One and one year for Alternate
Number Two so that the term of not more than one alternate member
shall expire in any one year. The terms of the alternate members first
appointed shall be deemed to have commenced on January 1 of the year
of appointment. A vacancy occurring otherwise than by expiration of
term shall be filled by the appointing authority for the unexpired
term only.
(c)
An alternate member shall not be permitted to act
on any matter in which he/she has, either directly or indirectly,
any personal or financial interest. An alternate member may, after
public hearing if he/she requests one, be removed by the Township
Council for cause. An alternate member may participate in discussions
of the proceedings but may not vote, except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
Number One shall vote first.
(3)
Appointment and removal. Notwithstanding any other
provisions of law to the contrary, the powers of appointment and removal
hereby accorded to the Mayor shall be vested in the elected official
so designated or, where there is a vacancy in the office of Mayor,
in the duly designated acting Mayor.
D.
Powers of Commission.[1] The Environmental Commission shall have the power to conduct
research into the use, and possible use, of the open land areas of
the Township and may coordinate the activities of unofficial bodies
organized for similar purposes and may advertise, prepare, print and
distribute books, maps, charts, plans and pamphlets which, in its
judgment, it deems necessary for its purposes. It shall keep an index
of all open areas, publicly or privately owned, including open marsh
lands, swamps and other wetlands, in order to obtain information on
the proper use of such areas and may recommend to the Planning Board
plans and programs for inclusion in a Township Master Plan and the
development and use of such areas. The Environmental Commission shall
periodically review, and update as appropriate, the Environmental
Resource Inventory, no less frequently than once every 10 years.
[Amended 9-13-2017 by Ord. No. 26-2017]
E.
Acquisitions by Commission. The Environmental Commission
may, subject to the approval of the Township Council, acquire property,
both real and personal, in the name of the Township, by gift, purchase,
grant, bequest, devise or least for any of its purposes and shall
administer the same for such purposes, subject to the terms of the
conveyance or gift. Such an acquisition may be to acquire the fee
or any lesser interest, development right, easement, including conservation
easement, covenant or other contractual right, including a conveyance
on conditions or with limitations or reversions, as may be necessary
to acquire, maintain, improve, protect, limit the future use of, or
otherwise conserve and properly utilize open spaces and other land
and water areas in the Township.
F.
Records and annual report. The Environmental Commission
shall keep records of its meetings and activities and it shall make
an annual report to the Township Council.
G.
Appropriations. The Township Council may appropriate
funds for the expenses incurred by the Environmental Commission. The
Commission may appoint such clerks and other employees as, from time
to time, it may require, within the limits of funds appropriated to
it.
H.
Studies and recommendations. The Environmental Commission
shall have power to study and make recommendations concerning open
space preservation, water resources management, air pollution control,
solid waste management, noise control, soil and landscape protection,
environmental appearance, marine resources and protection of flora
and fauna.[2]
[2]
Editor's Note: Former Sec. 2-21, Solid Waste
Collection District, which immediately followed this section, was
repealed 12-21-1998 by Ord. No. 57-1998.
A.
Creation. There is hereby created a Board of Trustees
for the Township library, pursuant to N.J.S.A. 40:54-1 et seq.
B.
Members; terms.
(1)
The Board shall consist of nine trustees as follows:
the Mayor, the Superintendent of Schools and seven citizens to be
appointed by the Mayor with the consent of Council. At least four
of the citizen members shall be residents of Washington Township.
The terms of the citizen members shall be as follows:
(2)
The terms of the citizen members shall commence as
of January first of the year of appointment.
A.
Establishment. Pursuant to the Municipal Utilities
Authority Law, N.J.S.A. 40:14B, there is hereby created a public body
corporate and politic, as an agency and instrumentality of the Township
of Washington under the name of the Washington Township Municipal
Utilities Authority.
B.
Powers and duties. The Washington Township Municipal
Utilities Authority hereby created is a utilities authority as contemplated
and provided for by the Municipal Utilities Authority Law, and shall
have and exercise all of the powers and perform all of the duties
provided for by such law and any other statutes heretofore enacted
and applicable thereto, and all amendments and supplements hereafter
enacted thereto.
C.
Composition; appointment; terms.
(1)
The Municipal Utilities Authority shall consist of
five members and two alternate members, who shall be appointed by
resolution of the Township Council in the manner and for the terms
provided by law. Alternate members shall be designated at the time
of their appointment as "Alternate Number 1" and "Alternate Number
2" and shall vote during the absence or disqualification of any regular
member or members. Where the vote of only one alternate member is
required Alternate Number 1 shall vote.
(2)
Each member of the authority shall receive such compensation
for his/her services as provided by ordinance, from time to time.
A.
Creation; members; terms; vacancy.
(1)
There is hereby created an Old Stone House Village
Advisory Commission which will consist of seven members. The members
shall serve without compensation for three-year terms, from the first
day of January of the year of appointment. Vacancies shall be filled
for the unexpired portion of the term by the appropriate appointing
authority.
(2)
The Council shall appoint three members to this Commission,
the Mayor shall appoint two members and the Washington Township Historical
Society shall elect two members. The terms of the first members appointed
by Council shall be for one-, two- and three-year terms, respectively.
The terms of the members first appointed by the Mayor shall be for
two- and three-year terms, respectively. The terms of the members
first elected by the Historical Society shall be for one- and three-year
terms, respectively.
B.
Functions and duties. The functions and duties of
the Commission shall be to establish long-range plans for the development
of the Old Stone House Village, and plan, organize and implement programs
of an entertaining and educational nature. The Commission shall approve
all expenditures related to the Old Stone House Village, and prepare
and submit an annual budget to the Mayor, to include capital expenses.
In addition, the Commission shall establish, in cooperation with the
Business Administrator, areas of responsibility for the Director of
the Old Stone House Village and the guides at the Old Stone House
Village, and approve the hiring of the guides and the appointment
of the Director to oversee day-to-day operations.
C.
Quarterly reports. The Old Stone House Village Advisory
Commission shall report and make recommendations to the Mayor and
Council at least on a quarterly basis.
A.
Established; appointments. There is hereby created
a Rent Leveling Board within the Township of Washington. The Rent
Leveling Board shall be appointed by the Mayor with the consent of
Council and shall be composed of one member of the Township Council
and four residents of the Township who shall be neither residential
tenants nor residential landlords. The members of the Rent Leveling
Board shall serve without compensation. The Board shall have available
to it the service of the Municipal Attorney and, if need be, a secretary,
who shall hold terms commencing January 1 and ending December 31 of
each year.
B.
Powers and duties. The Rent Leveling Board is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of Chapter 184, Rent Control, of the Code of the Township of Washington, including, but not limited to, the following:
(1)
To issue and promulgate such rules and regulations
as it deems necessary to implement the purposes of this chapter, which
rules and regulations shall have the force of law until revised, repealed
or amended from time to time by the Board in the exercise of its discretion.
Such rules and/or regulations shall be filed with the Township Clerk.
(2)
To supply information and assistance to landlords and tenants to help them comply with the provisions of Chapter 184, Rent Control.
(3)
To hold hearings and adjudicate applications from landlords for additional rental as provided in Chapter 184, Rent Control.
(4)
To hold hearings and adjudicate applications for tenant for reduced rental as provided in Chapter 184, Rent Control.
(5)
To hold hearings and adjudicate applications from
tenants for clarification of computations or calculations served upon
tenants by the landlord.
(6)
To charge fees to cover the cost of processing, reviewing
and determining applications for increased rent due to a hardship
or major capital improvement cost.
C.
Hearings. The Rent Leveling Board shall give both
landlord and tenant reasonable opportunity to be heard before making
any determination. The Board shall begin hearings on any proposed
rental change within 30 days of the first notice of a proposed rental
change given to the Board, in writing, by either a landlord or a tenant.
The Board shall conclude the hearings, including the receipt and consideration
of any accounting reports or information, and shall notify all concerned
parties of its decision, in writing, within 60 days from the date
written notice of the proposed rental change is provided to the Board
by the landlord. Failure to so conclude the proceedings within 60
days of notice shall not render any decision of the Rent Leveling
Board invalid, but any increase or decrease in the rent granted in
the Board's decision shall be retroactive to the date 60 days after
written notice of the proposed rental change was first provided to
the Board.
D.
Appeals.
(1)
Time for appeal. Either landlord or tenant may appeal
the decision of the Rent Leveling Board to the Township Council by
delivering a written notice of appeal to the Township Clerk within
10 days of the date the decision of the Board was served.
(2)
Consideration on record. The Township Council shall
not consider any new testimony or documentary evidence not submitted
to the Rent Leveling Board and shall reach a decision by reviewing
the evidence presented to the Board, the written decision of the Board
and the verbatim record of the proceedings before the Board, if any.
The Council shall conduct a hearing based on the record before the
Board, at which both the landlord and the tenant representative may
be heard.
(3)
Decision of Council. The Township Council shall render
its decision at the second regular public meeting held after the notice
of appeal was served upon the Township Clerk and shall send a brief
written statement of its decision to the landlord and tenants.
(4)
Effective date. Implementation of any rent change
granted by the Rent Leveling Board shall be held in abeyance pending
any decision on an appeal to the Township Council, but any change
in rent shall be computed retroactively to the date of the written
decision rendered by the Board or the date 60 days from the notice
provided to the Board of a proposed change in rent, whichever of the
two dates shall have occurred first.
(5)
Appeal to court. Any party dissatisfied with the determination
of the appeal by the Township Council may bring any action in any
court of competent jurisdiction as otherwise provided by law or rule
of court.
E.
Public interest accountant.
(1)
Appointment. The Rent Leveling Board may appoint a
public interest accountant to review any hardship application or increase
for major improvements sought by a landlord.
(2)
Examination of records. Public interest accountants
shall have liberty to examine any and all physical records of the
applicant for the past three years if the accountant deems same necessary.
(3)
Reports. The public interest accountant shall report
to the Rent Leveling Board any unnecessary, extraordinary or inflated
mortgages, interest payments or operating expenses and list any reasons
why the hardship rent increase is not necessary to ensure the continued
operation of the dwelling or housing spaces under the control of the
landlord and subject to this chapter, in the case of a hardship rent
increase application, In the case of a capital improvement increase
application, the public interest accountant shall report to the Board
any unnecessary, extraordinary or inflated interest payments related
to the capital improvement(s), any improper depreciation schedule
claimed by the landlord, or any expenses claimed as a capital improvement
which are in fact, or in law, not capital improvements.[1]
[Added 10-26-2000 by Ord. No. 30-2000]
A.
Creation and membership. There shall be a Town Watch
Advisory Committee consisting of 15 members as follows:
(1)
The Mayor or his designee.
(2)
A member of Township Council appointed by Township
Council.
(3)
Two at-large members appointed by the Mayor.
(4)
Two at-large members appointed by the Township Council.
(5)
One representative of the Police Department from the
community policing division selected by the Chief of Police.
(6)
One representative of the Fire District selected by
the Board of Fire Commissioners.
(7)
One representative of the Board of Education selected
by the Board of Education.
(8)
One representative of the the public schools selected
by the Superintendent.
(9)
One clergyman appointed by Township Council.
(10)
Two members of Youth Services selected by Youth Services.
(11)
Two representatives of community organizations that
conduct activities in Washington Township.
B.
Terms of office.
(1)
The at-large members shall serve terms as follows:
(2)
All other members shall serve one-year terms.
(3)
All terms shall commence on January first of the year
of appointment and end on December 31.
(4)
Any vacancy occurring, other than the expiration of
a term, shall be filled for the unexpired term.
C.
Organization. A Chairperson shall be elected by majority
vote of the full membership.
There shall be a Zoning Board of Adjustment which shall be appointed pursuant to, and which shall have such powers and duties as are set forth in Chapter 125, Land Use Procedures, of this Code.
There shall be a Planning Board which shall be appointed pursuant to, and which shall have such powers and duties as are set forth in Chapter 125, Land Use Procedures, of this Code.
A.
Continued. The Township of Washington Economic Assistance
Board, heretofore created by ordinance pursuant to general law, is
continued with the functions, powers and duties prescribed by general
law and ordinance.
B.
Composition; appointment; terms; vacancies. The Economic
Assistance Board shall consist of five persons, at least one of whom
shall be a woman. They shall be appointed by the Mayor with the approval
of the Township Council and shall serve without compensation, but
shall be allowed their necessary and actual expenses. The term of
one member shall be for one year, and such member may be appointed
from among the membership of the Township Council. The terms of the
other members shall be for four years each, one term expiring in each
year. The term of each member shall begin on the first day of January,
and each member shall continue in office until a successor shall be
appointed and qualified. A vacancy shall be filled for the unexpired
term only.
C.
Powers and duties. The Board shall have the powers
and responsibilities as set forth in N.J.S.A. 44:8-114 et seq., as
amended.
D.
Director. The Director of Welfare, who shall be appointed
by the Economic Assistance Board, shall be the executive and administrative
officer of the Board. The Director shall serve for a term of five
years from the date of the appointment and until a successor is appointed
and qualified.
[Added 4-26-2007 by Ord. No. 15-2007; amended 1-20-2016 by Ord. No.
1-2016]
A.
ADDITION
ALTERATION
CERTIFICATE OF APPROPRIATENESS
DEMOLITION
HISTORIC DISTRICT
(1)
(2)
(3)
HISTORIC PRESERVATION COMMISSION
HISTORIC DISTRICT OR LANDMARK
(1)
(2)
(3)
(4)
(5)
IMPROVEMENT
MINOR APPLICATION
(1)
(2)
MAJOR APPLICATION
(1)
(2)
REPAIR
REPLACEMENT
STRUCTURE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
The construction of new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any building.
Any work done or any improvement which:
The written approval issued by the Historic Preservation
Committee when so required prior to any work or activity commencing
on any property set forth as within the boundaries of the historic
site of the Olde Stone House Village, or historic landmarks not located
within the Village after confirmation of said sites as historically
accurate. The certificate of appropriateness; shall constitute a written
report as set forth in N.J.S.A. 40:55D-111.
The razing of any improvement or the obliteration of any
natural feature of a building or landmark.
A definable group of Tax Map lots, the improvements on which,
when viewed collectively:
Represent a significant period(s) in the architectural and social
history of the municipality; or
Because of their unique character can readily be viewed as a
separate area or neighborhood district from surrounding portions of
the Township; or
Have a unique character resulting from their architectural style,
significant purpose, or historical use.
The review board established pursuant to N.J.S.A. 40:55D-107
and this section.
Any real property such as a building, structure, ruins, foundation,
landscape, route, trail, place or object including, but not limited
to, a cemetery, burial ground, or a natural object(s) or configuration,
geological formation or feature which:
Contributes to the historic district or is of particular historic,
cultural, scenic, or architectural significance to the Township of
Washington and in which the broad cultural, political, economic or
social history of the nation, state or community is reflected or exemplified;
or
Is identified with historic personages or with the important
events of national, state, or local history; or
Shows evidence of habitation, activity, or the culture of prehistoric
man; or
Embodies a distinguishing characteristic or an architectural
type valued as representative of a period, style or method of construction;
or
Represents work of a builder, designer, artist or architect
whose individual style significantly influenced the architectural
history of the Township.
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
or such construction or installation for a period of not less than
60 continuous days. These improvements include, but are not limited
to, cornice, brackets, porch spindles, railings, shutters, doors,
exterior wall treatments, other decorative architectural features
and signs.
Any application for a certificate of appropriateness which:
Does not involve demolition or removal of a landmark or building
within the district addition to a building; or construction of a new
structure in a historic district; or
Meets the criteria set forth in § 2-70E(1)(b) hereof.
Any application for a certificate of appropriateness which:
Involves demolition or removal of a building; addition to a
building; or construction of a new structure in a historic district;
or
Otherwise falls within the criteria set forth in § 2-70E(1)(a) hereof.
Any work done or any improvement which:
Repairs when a building permit is required for same.
A combination of materials to form a construction for occupancy,
use, or ornamentation whether installed on, above, or below the surface
of a parcel of land.
B.
Historic Preservation Commission.
(1)
Creation. There is hereby created in and for the Township of Washington
a Commission to be known as the Historic Preservation Commission of
the Township of Washington.
(2)
Membership.
(a)
The Commission shall consist of seven members, plus two alternates.
All members shall be appointed by the Mayor. There shall be three
separate classes of members comprised of the following:
[1]
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
[2]
Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality;
and
[3]
Class C: Citizens of Washington Township who shall hold no other
municipal office, position or employment, except for membership on
the Planning Board or Zoning Board of Adjustment.
(b)
Alternate members shall meet the qualifications of Class C members
and shall be designated at time of appointment as "Alternate No. 1"
and "Alternate No. 2"; and
(c)
Alternate members may participate in all Historic Preservation
Commission proceedings, but may not vote except in the absence or
disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote. Instead, an alternate member
is to vote, Alternate No. 1 voting first.
(3)
Terms. The terms of the members first appointed shall be so determined
that to the greatest practicable extent, the expiration of the terms
shall be distributed, in the case of regular members, evenly over
the first four years after their appointment, and in the case of alternate
members, evenly over the first two years after their appointment;
provided that the initial term of no regular member shall exceed four
years and that the initial term of no alternate member shall exceed
two years. Thereafter, the term of a regular member shall be four
years, and the term of an alternate member shall be two years. A vacancy
occurring otherwise than by expiration of term shall be filled for
the unexpired term only. 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; and the term of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
(4)
Officers. The Historic Preservation Commission shall elect a chairman
and vice-chairman from its members and select a secretary, who may
or may not be a member of the Historic Preservation Commission or
a municipal employee.
(a)
Alternate members may participate in discussions of the proceedings,
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
(b)
No member of any Historic Preservation Commission shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
(c)
A member of a historic preservation body may, after public hearing
if he requests it, be removed by the governing body for cause.
(5)
Miscellaneous provisions. The Historic Preservation Commission shall
create rules and procedures for the transaction of its business subject
to the following regulations:
(a)
A quorum for the transaction of business shall consist of four
of the Commission's members including the chairman, or in his or her
absence, the vice-chairman, but not less than a majority of the full,
authorized membership may grant a certificate of appropriateness;
(b)
The Secretary shall keep minutes and records of all meetings
and proceedings including voting records attendance, resolutions,
findings, determinations, and decisions. All such material shall be
public record;
(c)
All meetings shall comply with the open Public Meetings Act.
(N.J.S.A. 10:4-7 et seq.);
(d)
The Commission members shell serve without compensation but
shall be reimbursed for expenses incurred in the performance of official
business, within the limit of funds appropriated, by the Township
Council;
(e)
The Mayor shall make provisions in the municipal budget and
designate funds for the expenses of the Historic Preservation Commission;
(f)
Within the limits of funds appropriated for the performance
of its works, grants and gifts, the Historic Preservation Commission
may obtain the services of qualified persons to direct and assist
the Historic Preservation Commission and may obtain the equipment,
supplies and other material necessary to its effective operation;
(g)
The Historic Preservation Commission is empowered to seek advisory
opinions and technical assistance from all Township employees on any
matter within the Commission's jurisdiction. The Historic Preservation
Commission may employ, contract for and fix the compensation of experts
and other staff and services as it shall deem necessary, but only
with the advanced submission to, and approval of, the Mayor and Township
Council. The Commission shall obtain its legal counsel from the Township
Solicitor, but at a rate consistent with, and not to exceed, the rate
charged to the Township. Expenditures pursuant to this section shall
not exceed, exclusive of gifts, earned funds or grants, the amount
appropriated by the governing body for the Commission's use.
(6)
Powers and duties. The Historic Preservation Commission shall:
(a)
Prepare a survey and maintain a list of historic sites within
the Township pursuant to an identified criteria;
(b)
Make recommendations to the Mayor, for referral to the Planning
Board, on an historic preservation plan element of the Master Plan
and on the implications for preservation of historic sites upon any
other Master Plan elements;
(d)
Amend, from time to time, as circumstances warrant, the Historic
Sites Map;
(e)
Report at least annually to the Township governing body on the
state of historic preservation in the Township and recommend measures
to improve same;
(f)
Collect and disseminate material on the importance of historic
preservation and techniques of historic preservation;
(g)
Advise all Township agencies regarding goals and techniques
of historic preservation;
(h)
Adopt such rules and procedures, not inconsistent with this
section, for the transaction of its business, copies of which shall
be made available to the public for a reasonable fee;
(i)
Carry out such other advisory, education and informational functions
as will promote historic preservation in the Township;
(k)
The Historic Preservation Commission shall be responsible for
the care and maintenance of the buildings on the Township historic
site known as the Olde Stone House Village;
(l)
The Planning Board and Zoning Board of Adjustment shell make
available to the Historic Preservation Commission an informational
copy of every application submitted to either board for development
on historic sites so designated on the Zoning Map or Official Map,
or in the Historic Element of the Master Plan. Failure to make the
informational copy available shall not invalidate any hearing or proceeding.
The Historic Preservation Commission may provide its advice, which
shall be conveyed through its delegation of one of its members or
staff to testify orally at the hearing on the application and to explain
any written report which may have been submitted.
(7)
Interpretive statement. In adopting this section, it is the intention
of the Township Council to create an agency which can administer a
system of preservation regulations, based on a rational plan and objective
code legislation. The controls herein established, while compatible
with N.J.S.A. 40:55D-28(b)(6) and the BOCA Code, should be viewed
as having an independent basis under N.J.S.A. 40:48-2 and N.J.S.A.
40:55D28.b(10).
(a)
Nothing contained herein shall supersede the powers of other
local legislative or regulatory bodies or relieve any property owner
of complying with the requirements of any other state statutes or
Township ordinances or regulations. In the event of any inconsistency,
ambiguity or overlapping of requirements between this section and
any other requirements enforced by the Township, the more restrictive
shall apply, to the effect that state or federal legislation has not
preempted the Township's power to enforce more stringent standards.
(b)
This section should not be viewed as requiring or prohibiting
the use of any particular architectural style; rather, the purpose
is to preserve the past by making it compatible with and relevant
to the present. To that end, new construction in or near a building
should not necessarily duplicate the style of the building; it should
simply be compatible with and not detract from the building.
C.
Establishment of Historic Districts and landmarks.
(1)
There are established in the Township of Washington the following
historic landmarks.
(a)
The Olde Stone House Village, defined for the purpose of this
section as follows: The boundary lines site, as generally defined
as the Morgan/Paulin/Atkinson property, known as 208 Egg Harbor Road,
and listed on the Tax Maps as Block 18.08, Lot 1, including the properties
known as the Olde Stone House, the Smokehouse, the Quay House, the
Turnersville Post Office, the Bunker Hill Church, and the Blackwood
Railroad Station;
(b)
Buildings or landmark sites to be listed on the survey of historic
sites for the Township of Washington after confirmation of said sites
as historically accurate.
(2)
If the Historic Preservation Commission desires to create any additional
Historic District or to include any additional land area to the initial
districts or landmarks, the Historic Preservation Commission shall
do so by notifying each owner that his property has been tentatively
designated as part of a historic district or a historic landmark,
and the reasons therefor, by certified mail, and advise each owner
of the significance and consequences of such tentative designation,
and advise him of his opportunities and rights to challenge or contest
such designation.
(3)
The Historic Preservation Commission shall make public a complete
list and map of the tentatively designated historic landmarks specifying
the location, boundaries and proper names thereof, and in each case,
the reason for such designation. In designating any landmark or site,
the Historic Preservation Commission may exempt any improvement or
any portion of any tax map lot, the demolition or alteration or improving
of which would not affect the landmark or district as to the purposes
and criteria set forth in this section. Such exemption shall only
be for good cause shown and upon affirmative vote of 2/3 of the full
authorized membership of the Historic District Commission.
(4)
After full consideration of the evidence brought forth at the special
hearing, the Historic Preservation Commission shall make its final
decision on the designations and shall issue its final report to the
public stating reasons in support of its actions with respect to each
landmark designation.
(5)
Copies of the designation list and official map as adopted shall
be made public and distributed to all Township agencies reviewing
development applications and all building and housing permits.
(6)
Each designated historic building may be marked by an appropriate
plaque in such form as the Historic Preservation Commission shall
promulgate by regulation.
D.
Certificates of appropriateness.
(1)
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Commission
shall be required before a permit is issued for any of the following,
or, in the event no other type of permit is otherwise required, before
work can commence on any of the following activities involving any
site or landmark:
(a)
Demolition of a historic site or landmark;
(b)
Relocation of any historic site or landmark;
(c)
Change in the exterior appearance as visible from the street
of any existing historic site or landmark, or addition, alteration
or replacement;
(d)
Any new construction of a principle or accessory structure on
any historic site;
(e)
Changes in, or addition of, new signs or exterior lighting,
except that no certificate of appropriateness shall be required for
an unlit sign per premises if the surface area of such sign does not
exceed two square feet.
(2)
Exception. A certificate of appropriateness shall not be required
for any repainting, repair, or exact replacement, of any existing
improvement. In the event that the repair or replacement does not
conform to the said regulations, a certificate of appropriateness
shall be required. In terms of an exact replacement of finishes, materials,
or architectural elements, it is understood that the Historic Preservation
Commission would prefer an applicant to maintain, stabilize, and repair
the original, or existing, finishes, materials or architectural elements
before considering the replacement of same. However, the original
or existing finishes, materials or architectural elements, should
be designed and installed to replicate the material, size, contour,
configuration, and design of that which is being replaced.
(3)
Emergency repairs to protect health, safety and welfare are permitted
without first applying for a certificate of appropriateness. Application
for a certificate of appropriateness, however, shall be required within
30 days of the emergency repair in order to ascertain that the repair
was done correctly.
E.
Applications for certificate of appropriateness.
(1)
Application procedures. Application for a certificate of appropriateness
shall be made on forms available from either the Washington Township
Clerk or the Secretary of the Historic Preservation Commission. Completed
applications shall be delivered to the Secretary of the Historic Preservation
Commission or the Washington Township Clerk at the Washington Township
Municipal Building at 523 Egg Harbor Road, Sewell, New Jersey, not
less than 10 days before a Historic Preservation Commission meeting.
A subcommittee appointed by the Historic Preservation Commission shall
review the application form and classify the application in accordance
with the relief requested.
(a)
If the action for which the certificate of appropriateness is
requested will substantially affect those characteristics of the site
or landmark listed on the district's historic designation, the subcommittee
shall classify the application as a major application and notify the
applicant to submit a full application as described in the Historic
Commission Regulations.
(b)
If the action for which the certificate of appropriateness is
requested will not substantially affect the building or districts
as stated in the above, then the subcommittee shall classify the application
as a minor application.
(2)
Minor applications may be heard and decided immediately upon classification.
Such immediate hearing shall be at the subcommittee's discretion,
if there is sufficient evidence on the record at that point. Any such
hearing shall be before the full commission at a meeting that is in
full compliance with the Open Public Meetings Act. If the subcommittee
finds that an adjacent property may be affected by the action for
which a certificate has been requested, the subcommittee may order,
as a condition subsequent to the approval of a minor application,
that the applicant send certified mail notices of the subcommittee's
actions to such owners of adjacent property, as the adjacent property
owners shall have 30 days to file a written objection, absent which
the minor approval shall be deemed final. If written objection is
received, the subcommittee shall refer the matter to the Historic
Preservation Commission for its consideration and decision. The objector
shall have full rights to present evidence and to cross-examine prior
witnesses. The Historic Preservation Commission shall hear and decide
any objection within 45 days of its receipt.
(3)
Major application information and supporting documents. Applications
for a certificate of appropriateness shall be filed in compliance
with the following requirements:
(a)
The applicant shall file nine copies of the application and
nine copies of the plot plans, maps and other such appropriate documents
as required by the Historic Preservation Commission in the case of
applications being made directly to the Commission;
(b)
The application shall include an overall site plan layout.
(4)
Hearing procedures for major applications:
(a)
The applicant shall notify all property owners within 200 feet
of the lot line of the historic property in question, by certified
mail, return receipt requested, of the hearing on the application,
including a statement as to the work or activity involved, not less
than 10 days before it is to be heard. A list of such property owners
may be obtained from the Washington Township Tax Assessor office;
(b)
The applicant shall present a certificate of service of such
notice at the hearing on the application.
(5)
Time frame of decision by Commission:
(a)
The Historic Preservation Commission shall reach a decision
on the application within 45 days after the Secretary has declared
an application to be complete; otherwise, the application shall be
deemed to have been approved. Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Historic Preservation
Commission. The Historic Preservation Commission may advise the applicant
and make recommendations in regard to the appropriateness of the proposed
action, and may grant approval upon such conditions as it deems appropriate
within the intent and purpose of this section;
(b)
If an application is approved, the Historic Preservation Commission
shall forthwith issue a certificate of appropriateness. If the Historic
Preservation Commission disapproves an application, the Historic Preservation
Commission shall state its reasons, in writing, in resolution form,
within 10 days of such decision. In case of disapproval, the Historic
Preservation Commission shall notify the applicant, in writing, of
such resolution of disapproval, and reasons therefor, and provide
the applicant with a certified copy thereof.
F.
Standards of consideration.
(1)
In considering whether an application for a certificate of appropriateness
should be granted, the Historic Preservation Commission shall consider
whether, if the approval is denied, the applicant may still make any
reasonable use of the property as such use is permitted in the Township
Zoning Ordinance.[2]
(2)
Criteria for historic structure review. In reviewing any application
for a historic site certificate of appropriateness, the Historic Preservation
Commission, as well as other Township Councils and governing bodies,
shall make their determination as to whether an application should
be approved, approved with conditions, or denied on the basis of the
purposes of this section, the provisions of this section, and the
following criteria of review from the U.S. Secretary of Interior's
"Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings," and the following design criteria. The standards and design
criteria are requirements. The Guidelines and Description of Styles
and Check List provide general design and technical recommendations
and shall be made available to applicants, their architects, contractors
and subcontractors.
(a)
Every reasonable effort shall be made to provide a compatible
use for property which requires minimal alteration of the building,
structure, or site and its environment, or to use a property for its
originally intended purpose;
(b)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible;
(c)
All buildings, structures, and sites shall be recognized as
products of their own time. Alterations that have no historical basis
and which seek to create an earlier appearance shall be discouraged;
(d)
Changes which may have taken place in the course of time are
evidence of the history and development of a building, structure,
or site and its environment. These changes may have acquired significance
in their own right and this significance shall be recognized and respected.
However, if an earlier appearance of a building is of primary significance,
and can be documented, then restoration may be the preferred treatment.
Removal of later changes may be allowed in certain cases, if such
changes alter, obscure, or destroy the building's "character-defining"
space, materials, features, or finishes of the building as it appeared
during its primary period of significance;
(e)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be treated
with sensitivity;
(f)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event replacement is necessary,
the new material should, as near as possible, match the material being
replaced in composition, design, color, texture and other visual qualities;
(g)
Repair or replacement of missing architectural features should
be based on accurate duplication of features, substantiated by historic,
physical or pictorial evidence rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures;
(h)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken;
(i)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project;
(j)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, material, and
character of the property, neighborhood or environment;
(k)
Whenever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
(3)
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into, or to construct a new structure or add to or alter an existing structure within a historic district or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors set forth in § 2-70F(4).
(4)
Visual compatibility factors. In assessing the effect of any proposed
change under application for any landmark, the following "visual compatibility"
factors shall be used to analyze the effect the change applied for
would have on the landmark and on those structures to which the landmark
is visually related.
(a)
In the event that a historic district has such unique features
that the general guidelines below are not appropriate criteria, the
Historic Preservation Commission shall, within 18 months of its organization,
adopt regulations for each such district which are consistent with
the generally applicable "visual compatibility' factors as set forth
below:
[1]
Area and height regulations: maximum building height, minimum
lot size, maximum coverage, etc., shall be as provided in the Zoning
Ordinance[3] for the respective zones, except the Zoning Board of Adjustment
or the Planning Board may grant a variance where necessary to preserve
historic characteristics;
[2]
Proportion of façade: the relationship of the width of
the building to the height of the front elevation shall be visibly
compatible with the buildings and places to which it is visibly related;
[3]
Position of openings: the relationship of the width of the windows
to the height of the windows in a building shall be visibly compatible
with the buildings and place to which it is visibly related;
[4]
Rhythm of solids; the relationship of solids to voids in such
facades of a building shall be visibly compatible with buildings and
places to which they are visibly related;
[5]
Rhythm of spacing: the relationship of the building to the open
space between it and adjoining buildings shall be visibly related;
[6]
Rhythm of entrances: the relationship of entrances and porches
to the street shall be visibly compatible to the buildings and places
to which it is visibly related;
[7]
Rhythm of setbacks: the relationship of the setback of the building
shall be compatible with the buildings and places to which it is visibly
related;
[8]
Relationship of materials: the relationship of materials and
texture of the facade and roof of a building shall be visibly compatible
with the predominate materials used in buildings to which it is visibly
related;
[9]
Roof: the roof shape and pitch of a building shall be visibly
compatible with the buildings to which it is visibly related;
[10]
Continuity of walls: walls and open fencing shall maintain visual
compatibility with the buildings and places to which they are visibly
related;
[11]
Scale of building: the size of a building, mass of a building
in relation to open spaces, the windows and door openings, porches
and balconies shall be visibly compatible to the buildings and places
to which it is visibly related;
[12]
Directional expression: a building shall be visibly compatible
with buildings and places to which it is visibly related in its directional
character, whether this be vertical character or horizontal character.
(5)
Demolition. In regard to an application to demolish a historic landmark
or historic building or any improvement within a historic district,
the following matters shall be considered:
(a)
Its historic, architectural and social significance;
(c)
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest;
(d)
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;
(e)
The extent to which its retention would promote the general
welfare by maintaining and increasing real estate values, generating
business, creating new jobs, attracting tourists, students, writers,
historians, artists and artisans, attracting new residents, encouraging
study and interest in American history, stimulating interest and study
in architecture and design, educating citizens in American culture
and heritage, or, making the Township a more attractive and desirable
place in which to live;
(f)
It is within a historic district, the probable impact of its
removal upon the ambience (ambiance) of the historic district.
(6)
Removals out of the Township. In regard to an application to move
a historic landmark or a historic building within a historic district
to a location outside the Township, the following matters shall be
considered:
(a)
The historic loss to the site of original location and the district
as a whole;
(b)
The compelling reasons for not retaining the landmark or structure
at its present site;
(c)
The proximity of the proposed new location to the Township,
including the accessibility to the residents of the Township and other
citizens;
(d)
The probability of significant damage to the landmark or structure
itself.
(7)
Consideration of other actions. In regard to an application for other
approval of any proposed action, the following matters shall be considered:
(a)
If a historic landmark or a structure in a historic district
is involved:
[1]
The impact of the proposed change on its historic and architectural
character;
[2]
Its importance to the Township and extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest;
[3]
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(b)
The use of any structure involved;
(c)
If the application deals with a structure within a historic
district, the impact the proposed change would have on the character
and ambiance of the historic district and the structure's visual compatibility
with the buildings, places and structures to which it would be visually
related.
(8)
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered but in no instance shall interior
arrangement be considered except to the extent that it impacts on
the exterior appearance.
G.
Effect of a certificate of appropriateness: approval, denial, appeal.
(1)
Issuance of a certificate of appropriateness shall be deemed to be
final approval pursuant to this section. Such approval shall neither
cause nor prevent the filing of any collateral application or other
proceeding required by any other Township ordinance to be made prior
to undertaking the action requested vis-a-vis the landmark or structure
in the historic districts. A certificate shall be valid for two years
or such reasonable extensions thereof as the Historic Preservation
Commission may deem it in the public interest to grant.
(2)
Denial of a certificate of appropriateness shall be deemed to preclude
the applicant from undertaking the activity applied for vis-a-vis
landmark or improvement to a historic district.
(3)
The granting or denial of a certificate of appropriateness may be
appealed to the Township Zoning Board of Adjustment.
H.
Violations and penalties.
(1)
If any person shall undertake any activity vis-a-vis landmark or
improvement within without first having obtained a certificate of
appropriateness, such person shall be deemed to be in violation of
this section.
(2)
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot wherein 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 its status quo ante. If the owner cannot be personally served within
the Township with the said notice, a copy shall be posted on site
and a copy sent by certified mail, return receipt requested, to the
owner at his last known address as it appears on the Township tax
rolls.
(3)
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 section.
(5)
If any person is about to undertake any activity which would permanently
change adversely the landmark or historic district in a permanent
way, such as demolition or removal, without a certificate of appropriateness
having been issued, the Zoning 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 or structure
within the historic districts.
(6)
Private residences shall be made exempt from any penalties issued
under this section.
I.
Buyer notification.
(1)
No owner or agent thereof shall hereafter sell, enter into an agreement
of sale or convey any real property, other than vacant real property,
listed as a historic site or landmark, unless written notice is first
given to the person purchasing or accepting legal or equitable title
to the real property, that said real property is listed as a historic
site or landmark of Washington Township and is required to comply
with all terms and conditions of this section. The written notice
may be included in any proposed contract of sale prepared, or may
be sent by certified mail to the person purchasing or accepting legal
or equitable title prior to the execution of any contract of sale
or prior to acceptance of legal or equitable title by said person.
(2)
It shall be sufficient notice for the purposes of this section if
the notice states: "The owner of any property on the Washington Township
survey or historic sites and landmarks which has been elevated to
the Registry of State and Historic Sites must receive a certificate
of appropriateness from the Historic Preservation Commission prior
to making any additions, alterations or changes to the exterior of
the improved property including demolition of any improved structure.
Nothing is to prohibit the notice from including additional language
concerning the Washington Township of Survey of Historic Sites and
Landmarks."
J.
Permit review.
(1)
It shall be the duty of all Township officials reviewing all permit
applications involving real property or improvement thereon to determine
whether such application involves any activity which should also be
the subject of an application for a certificate of appropriateness,
and if it should, to inform both the Secretary of the Historic Preservation
Commission and the applicant.
K.
Repealer. All ordinances or part of ordinances which are inconsistent
with the provisions of this section are hereby repealed to the extent
of such inconsistency only.
L.
Severability. If any portion of this section is found to be invalid
for any reason by any court of jurisdiction, such decision shall not
affect the validity of this section as a whole, or any other part
thereof.
M.
When effective. This section shall take effect upon final passage
and publication according to law.
[Added 6-23-2021 by Ord.
No. 13-2021]
A.
There is hereby created in and for the Township of Washington an
advisory board to be known as the "Shade Tree Advisory Committee of
the Township of Washington."
B.
Composition; selection of members.
(1)
The Shade Tree Advisory Committee shall be made up of five members,
appointed by the Mayor of the Township of Washington.
(2)
The members shall be selected in the following manner:
(3)
Members shall serve without compensation.
(4)
The Committee shall choose a Chairperson annually by majority vote
of its members.
C.
Terms; organization.
(1)
The terms of each member shall be five years. Terms of the members
shall be staggered such that one member's term shall expire each year.
For the first year:
(a)
One of the members from the Township Municipal Services Division
shall be appointed for a partial term of two years, and the other
member from the Township Municipal Services Division shall be appointed
for a term of five years;
(b)
One of the members from the Open Space Advisory Committee shall
be appointed for a partial term of one year, and the other member
from the Open Space Advisory Committee shall be appointed for a partial
term of four years;
(c)
The member from the Environmental Commission shall be appointed
for a partial term of the three years; and
(d)
Each initial term shall start from the date of appointment and
the term of year(s) shall be added to January 1 of the following year.
(2)
The Committee shall meet quarterly, or as needed.
D.
Scope and responsibilities.
(1)
The Committee shall:
(a)
Make recommendations for programs and actions that promote healthy
and sustainable Township tree resources, maintain the health of existing
trees, and reduce potential damage or hazards resulting from trees
on public lands;
(b)
Facilitate coordination among the Township Municipal Services
Division, the Open Space Advisory Committee and the Environmental
Commission to achieve those goals;
(c)
Develop the annual Community Forestry Management Plan (CFMP);
(d)
Monitor implementation of the CFMP;
(e)
Prepare the Annual Accomplishment Report under the CFMP for
the New Jersey Urban and Community Forestry Program;
(f)
Advocate for resources necessary to carry out the CFMP; and
(g)
Prepare grant applications, as appropriate, to assist in CFMP
implementation.
