The purpose of this article is to effectuate and accomplish
the protection, enhancement and perpetuation of historic building,
structures, sites, objects, improvements and districts within the
Township of Hamilton, to implement the historic preservation element
of the Township's Master Plan, and to advance the following public
purposes:
A. To safeguard the heritage of Township of Hamilton by preserving the
resources within the Township which reflect elements of its historical
significance;
B. To identify, designate, and regulate historic landmarks and historic
districts in order to preserve their historical significance;
C. To encourage the continued use of historic landmarks and historic
districts and to facilitate their appropriate use or reuse;
D. To maintain and develop an appropriate and harmonious setting for
historic landmarks and historic districts within the Township of Hamilton;
E. To foster civic pride in the history and architecture of Township
of Hamilton;
F. To promote appreciation of historic landmarks and historic districts
for the education, pleasure and welfare of the local population;
G. To encourage beautification and private reinvestment in historic
landmarks and historic districts, and surrounding properties;
H. To manage change of historic landmarks and historic districts by
encouraging sensitive alteration and/or new construction;
I. To discourage the unnecessary demolition of historic resources;
J. To recognize the importance of historic landmarks and historic districts
by urging property owners and tenants to maintain their properties
in keeping with the requirements and standards of this article;
K. To encourage the proper maintenance and preservation of historic
settings and landscapes.
As used in this article, the following terms shall have the meanings indicated and shall supplement or supersede the definitions in §
203-18:
APPLICATION
A request to the Historic Preservation Commission made pursuant
to this article for the purposes of obtaining a certificate of appropriateness
or other action by the Commission hereunder specified.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of §
203-10.
EMERGENCY
When an historic landmark or a key or contributing historic
district resource requires immediate repair to preserve its continued
habitability and/or the health and safety of its occupants or others.
HISTORIC
Having historical, cultural, architectural, archaeological
economic, social or other significance as defined by the provisions
of this article.
HISTORICAL
Of, relating to, or having the character of history.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation under §
203-212.
HISTORIC DISTRICT RESOURCES
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
A.
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
B.
CONTRIBUTINGAny buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
C.
NONCONTRIBUTINGAny building structures, sites, objects or improvements which due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting its character during the period of significance of the historic district and is incapable of yielding significant new information.
IN KIND
Replacing in kind extensively deteriorated or missing parts
of features when there are surviving prototypes. The new work should
match the old in material, design, and texture; and be unobtrusively
dated to guide future research and treatment. Not recommended: replacing
an entire architectural feature when limited replacement of deteriorated
and missing parts is appropriate; using replacement material that
does not match the historic feature; or failing to properly document
the new work.
INTEGRITY
The ability of a property to convey its historical significance
through the retention of original physical features.
INVENTORY
A list of surveyed historic properties determined to meet
criteria of significance specified herein.
MASTER PLAN
The Master Plan of the Township of Hamilton, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
A.
Does not involve demolition, relocation or removal of an historic
landmark or a contributing resource in an historic district.
B.
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district.
C.
Is a request for approval of fences, signs, lighting paving
or streetscape work which, in the opinion of the Chairman of the Commission,
will not substantially affect the characteristics of the historic
landmark or the historic district;
D.
Is a request for a field change for a certificate of appropriateness permit which has already been issued and which meets the criteria of Subsection
C above.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
NATIONAL REGISTER CRITERIA
The established criteria for valuating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
NONCONTRIBUTING
A building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant because it was not present
during the period of significance; due to alterations, disturbances,
additions or other changes it no longer possesses historic integrity
reflecting its character at that time or is incapable of yielding
important information about the period; or it does not independently
meet the National Register criteria.
OBJECT
Used as a term to distinguish from buildings and structures
those constructions or features that are primarily artistic in nature
or are relatively small in scale and simply constructed. Although
it may be, by nature or design, movable, an object is associated with
a specific setting or environment.
ORDINARY MAINTENANCE AND REPAIR
The repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, wear,
or damage with in-kind material and quality workmanship. Shall mean
any required approval issued by the Construction Official pursuant
to applicable building or construction codes for work or improvement(s)
to property, or to a building or structure located thereon.
PERSON
Any individuals, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, firms, companies,
corporations, entities or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives
of any thereof in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
When permitted by contest, "person" shall also include the United
States, the State of New Jersey and/or other states, or any political
subdivision thereof, and any foreign country or government.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic landmark.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
PROTECTION
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or cover or shield the property from
danger or injury.
RECONSTRUCTION
The act or process of reproducing, by means of new construction,
the form, features and detailing of a nonsurviving building, structure,
site, object, improvement or landscape for the purpose of replicating
its appearance at a specific period of time and its historic location
when documentary and physical evidence is available.
REHABILITATION
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historic values.
REPLACEMENT
The act or process of replicating any exterior architectural
feature that is used to substitute for an existing deteriorated or
extensively damaged architectural feature.
RESTORATION
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time. It may sometimes mean the removal of later work or
the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department of the Interior,
National Park Service, entitled: "The Secretary of the Interior's
Standards for the Treatment of Historic Properties," 36 CFR 68, issued
in 1992 and revised and supplemented from time to time.
SITE
The location of a significant event, a prehistoric or historic
occupation or activity, a building or structure, or a burial ground
or cemetery, whether standing, ruined or vanished, where the location
itself possesses historical, cultural or archaeological value regardless
of the value of any existing structure.
STREETSCAPE
The visual character of the street, including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, sidewalks, curbing and
landscaping.
SURVEY
The inventory of building, structures, sites, objects, improvements
and districts located within the Township of Hamilton which is conducted
by the Commission for the ascertainment of their historical significance
pursuant to the provisions of this article.
SURVEY DATA
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
VIEW or VISTA
The view by the public of a building, structure, site, object,
improvement or landscape from any point on a street, road or walkway
which is used as a public thoroughfare, either vehicular and/or pedestrian.
It shall be the duty of all municipal officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a certificate of
appropriateness permit. If it should, the official shall inform both
the Zoning Official and the applicant, as well as the Historic Preservation
Commission.
The violations and penalties provisions of §
203-218 shall be applicable to any person undertaking any activity with regard to an historic landmark or property located within an historic district without first having obtained and posted a certificate of appropriateness as provided in this chapter.