[HISTORY: Adopted by the Township Committee of the Township
of Wyckoff 2-21-2023 by Ord. No. 1976.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 123,
Historic Preservation, adopted 5-21-2019 by Ord. No. 1876.
This chapter shall be known as and may be referred to by the
short title of the "Historic Preservation Ordinance of the Township
of Wyckoff." As, where and to the extent necessary and appropriate,
this chapter shall be construed as being part of and incorporated
in the Zoning Ordinance of this Code,[1] notwithstanding the format of this separate article for
purposes of convenience.
A.
By adopting this chapter, it is the intention of the Township Committee, simultaneously herewith, to create an agency which will work with and advise the Township Committee, Planning Board and the Zoning Board of Adjustment with respect to historic landmarks within the Township of Wyckoff and the effect of development applications thereon. Said agency is to be known as the "Historic Preservation Commission" and shall be established pursuant to Chapter 40 of the Code of the Township of Wyckoff.
B.
The establishment of the Historic Preservation Commission and the
designation of historic landmarks within the Township are intended
to foster the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Township's environment
to:
(1)
Safeguard the heritage of Wyckoff by preserving resources within
the Township which reflect elements of its cultural, social, economic
and architectural history;
(2)
Encourage the continued use of historic landmarks and to facilitate
their appropriate use;
(3)
Promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population;
(4)
Discourage the unnecessary demolition of historic resources;
(5)
Encourage the proper maintenance and preservation of historic settings
and landscapes;
(6)
Encourage beautification and private reinvestment;
(7)
Encourage the appropriate alteration of historic landmarks;
(8)
Promote the conservation of historic landmarks and invite and encourage
voluntary compliance.
A.
The Commission, as part of the preparation of an Historic Element
to be provided to the Planning Board for the Master Plan of the Township
of Wyckoff shall consider for historic landmark designation any buildings,
structures, objects and sites within the Township which merit historic
landmark designation and protection, possessing integrity of location,
design, setting, materials, workmanship and association, and being:
(1)
Of particular historical significance to the Township of Wyckoff
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or community;
(2)
Associated with historic personages important in national, state
or local history;
(3)
The site of an historic event which had a significant effect on the
development of the nation, state or community;
(4)
An embodiment of the distinctive characteristics of a type, period
or method of architecture or engineering;
(5)
Representative of the work of an important builder, designer, artist
or architect;
(6)
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
(7)
Able or likely to yield information important in prehistory or history.
B.
As part of a periodic review of the Historic Element of the Master
Plan, the Commission may make a list of potential historic sites for
landmark designation. For each landmark, there shall be a description
of the landmark, pursuant to this chapter, to include a description
of the landmark's location and boundaries, and a map siting.
The Commission shall, by certified mail, return receipt requested,
notify, in writing, the property owner of a potential landmark designated
site and provide the landowner an opportunity to meet voluntarily
and informally with the Commission on such designation.
C.
The list of potential landmarks, as well as the descriptions, significance,
location, boundaries and map siting of each, shall be subject to and
contained within the Historic Preservation Element of the Master Plan
as amended from time to time. The Commission shall provide its recommendations
for inclusion in the Historic Preservation Element of the Master Plan
to the Planning Board which shall hold hearings pursuant to statute.
(1)
All hearings on historic landmark ordinances for historic sites as
designated in the appropriate element of the Master Plan shall be
conducted before the Township Committee according to law.
D.
Copies of the designation list and historic site maps 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 and
included on the list.
A.
All development activities, including but not limited to those which require a permit or a development application, that affect an historical landmark shall be reviewed by the Commission, except as set forth in Subsection C below. Such review shall be required for but not be limited to the following actions:
(1)
Demolition of an historic landmark.
(2)
Relocation of an historic landmark.
(3)
All changes in the exterior architectural appearance of any historic
landmark by addition, alteration, or replacement.
(4)
Site plans or subdivisions affecting an historic landmark.
(5)
Zoning variances affecting an historic landmark.
B.
Before an applicant prepares plans, the applicant may bring a tentative
proposal to the Commission for informal review and comment. Discussions
of such proposals shall be open to the public, but they will not result
in any definitive action by the Commission.
C.
Review by the Commission is not required for the following:
(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 Township 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 and
guidelines for review of applications as adopted by the Commission
in accordance with this chapter.
(2)
For changes 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 Commission review according to these criteria:
(a)
Repair of existing windows, doors and storm windows that are
compatible in style with the architectural period of design of the
subject structure.
(b)
Maintenance and repair of existing roof material involving no
change in the design, scale or appearance of the structure.
(c)
Repair of the existing roof structure such as cupolas, dormers,
and chimneys, using materials which will not alter the exterior architectural
appearance of the structure.
(d)
Replacement or repair of existing shingles, clapboards, brick
or stone, using the same materials that are being repaired or replaced,
maintaining the architectural integrity of the structure.
(e)
Exterior painting of existing structures.
(4)
Alterations to the Zabriskie House, since it is governed by deed
restrictions and has its own board of trustees.
D.
Any property owner and/or tenant of any property subject to this
chapter to which changes or alterations are proposed shall not be
relieved of any obligations under this chapter because no building
and/or development application is otherwise required.
E.
The Commission shall hear such applications, employing its procedure
used for all other applications, and shall prepare a written report
on the application of this chapter's provisions concerning historic
preservation to any of those aspects of the change, activity or action
proposed and shall submit its report to the Planning Board as the
case may be in accordance with this chapter.
A.
For historical sites designated by the appropriate element in the
Master Plan and which are subject to an historic landmark designation
as contained in the Ordinance, all proposed changes subject to this
chapter including applications for development and all applications
for the issuance of permits pertaining to historic sites or landmarks
shall be referred to the Historic Preservation Commission for a written
report on the application of the ordinance provisions concerning historic
preservation to any of those aspects of the change proposed, which
aspects were not determined by approval of an application for development
pursuant to the Municipal Land Use Law. In the case of an application
for development, the Historic Preservation Commission shall submit
its report to the Planning Board or Zoning Board as the case may be.
In instances where a proposed change and/or permit is referred to
the Commission, the Commission shall render its report to the Planning
Board which shall make a decision with regard to the Commission's
report and shall issue its own report to the administrative officer
in charge of issuing the appropriate permit. The Historic Preservation
Commission shall report to the Planning Board and the Planning Board
shall report to the administrative officer within 45 days of the administrative
officer's referral of the permit application to the Historic
Preservation Commission. If, within the forty-five-day period, the
Planning Board, after recommendation from the Historic Preservation
Commission, recommends to the administrative officer against the issuance
of a permit or recommends conditions to the permit to be issued, the
administrative officer shall deny issuance of the permit or include
the conditions in the permit to be issued, as the case may be. Failure
to constitute a report within the forty-five-day period shall be deemed
to constitute a report in favor of the issuance of the permit and
without recommendation or conditions to the permit.
B.
All appeals pursuant to this section shall be made to the Zoning
Board of Adjustment as provided by N.J.S.A. 40:55D-70a.
In reviewing an application for its effect on an historic landmark,
the following criteria shall be used by the Commission, Planning Board
and Zoning Board of Adjustment. The criteria set forth in Subsection
A hereof relates to all projects affecting an historical landmark.
The criteria set forth in Subsections B through D 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 historical landmark, the
following factors shall be considered:
(1)
The impact of the proposed change on the historical and architectural
significance of the landmark.
(2)
The landmark's importance to the public and the extent to which
its historical or architectural interests would be adversely affected
to the detriment of the public interest.
(3)
The hardship to the property owner if the application were denied
or conditions were imposed.
B.
In regard to an application for new construction, alterations, additions,
repairs or replacements affecting an historic landmark, the following
criteria shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportions 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.
(a)
Proportion of openings within the facility. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
(3)
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.
(4)
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 historical
period for which the structure is significant.
C.
In regard to an application to demolish an historic landmark, the
following matters shall be considered:
(1)
Its historic, architectural, cultural, or scenic significance.
(3)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(4)
Its importance to the community and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(5)
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 or other hardship to the property
owner.
(6)
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.
D.
In regard to an application to move any historic landmark, the following
matters shall be considered:
(1)
The historic loss to the site of the original location.
(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 interests
referred to in this chapter.
(4)
The probability of significant damage to the landmark or structure
itself.
(5)
The hardship to the property owner if the application were denied
or conditions were imposed.
