[1972 Code § 29-1; Ord. No. 07-08]
a. Statutory Authority. The Legislature of the State of New Jersey has
in N.J.S.A. 40:55D-1 et seq., as amended, delegated the responsibility
to local units of government to promote the protection of architecturally,
historically and archaeologically significant structures, sites or
districts for the general welfare of its citizenry.
b. Purpose and Objectives. The Township has areas, places and structures
of historic, archaeological and architectural significance. It is
in the interest of the general welfare to preserve these areas, places
and structures and to insure that new development will not exert substantial
negative impact upon these areas, places and structures. This chapter
is intended to achieve these purposes and objectives while (i) balancing
and promoting pedestrian and vehicular traffic safety; (ii) balancing
and promoting the replacement and upgrading of the Township's
infrastructure; (iii) balancing and promoting the preservation of
the environment; (iv) balancing and promoting a desirable visual environment
through creative development techniques and good civic design and
arrangements; and (v) preventing the degradation of the environment
through the improper use of land.
[1972 Code § 29-2]
As used in this chapter:
ADDITION
Shall mean the construction of a new improvement as part
of an existing improvement when such new improvement changes the exterior
appearance of any designated landmark.
ALTERATION
Shall mean any work done on any improvement which:
a.
Is not an addition to the improvement; and
b.
Changes the appearance of the exterior surface of any improvement.
CERTIFICATE OF APPROPRIATENESS
Shall mean a document that is issued by the Historic Preservation
Advisory Commission, following a prescribed series of hearings and
review procedures, certifying that the proposed actions by an applicant
are found to be acceptable in terms of design criteria relating to
the individual site, structure or building, or the historic district
as a whole.
DEMOLITION
Shall mean the razing of any improvement or the obliteration
of any natural feature of a designated landmark.
HISTORIC DISTRICT
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
HISTORIC SITE
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
have been formally designated in the master plan as being of historical,
archaeological, cultural, scenic or architectural significance.
IMPROVEMENT
Shall mean any structure or part thereof constructed or 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 60 contiguous days.
LANDMARK DESIGNATION
Shall mean the official recognition of any site, building,
structure or district that has been documented to have or contain
architecturally, historically or archaeologically significant features
or elements and that adheres to the criteria as established by the
National Historic Preservation Act of 1966, as amended.
OFFICIAL NEWSPAPER
Shall mean the official newspaper as designated by the Township
Governing Body.
REPAIR
Shall mean any work done on any improvement which:
a.
Is not an addition to the improvement; and
b.
Does not change the appearance of the exterior surface of any
improvement.
REPLACEMENT
Shall mean the repairs when a building permit is required
for same.
STRUCTURE
Shall mean 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.
[1972 Code § 29-3; Ord. No. 07-08]
There is hereby created in and for the Township of Piscataway
the Historic Advisory Commission of the Township of Piscataway.
a. Composition of the Commission. The Commission shall consist of five
members and one advisor.
1. The regular Commission members shall consist of the following classes:
(a) One member, the Class "A" member shall be knowledgeable in building
design and construction or architectural history; and
(b) One member, the Class "B" member shall be knowledgeable in, or have
demonstrated interest in, local history; and
(c) Three members, the Class "C" members, shall be residents of the municipality
who shall not hold another municipal office or any municipal position
or employment except for membership on the Planning Board or the Zoning
Board of Adjustment.
(d) The Mayor shall appoint Class "A" and Class "B" members who are trained
in the disciplines of architecture, history, architectural history,
prehistoric archaeology, or historic archaeology and who meet the
requirements as set forth in the 1980 amendments of the National Historic
Preservation Act.
If the Mayor is unable to appoint an individual with the appropriate
credentials for Class "A" or Class "B" members of the Commission,
then the State Office of New Jersey Heritage may grant an exemption
upon a filing of a petition by the Mayor. Should such an exemption
be granted, then the Mayor may fill those positions with individuals
who meet the requirements for Class "C" membership.
2. In addition to the five regular Commission members, a member of the
Township Council shall be appointed by the Township Council to serve
as a nonvoting advisor to the Commission.
3. Alternate Member. One alternate member may be appointed to the Commission for Class "C" members, and shall meet the qualifications of Class "C" members as set forth in subsection
29-3a1(c) of this section. The alternate member may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member of the Commission. A vote shall not be delayed in order that a regular member may vote instead of the alternate member.
b. Appointment of Commission Members.
1. Members shall be appointed by the Mayor and shall serve for four-year
terms; a member of the Municipal Planning Board or Zoning Board of
Adjustment shall serve during their incumbency in such office or for
the next four-year terms, whichever shall end earlier.
2. The terms of the members first appointed under this section shall
be determined so that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first three years after their appointment. The initial
term of members shall not exceed three years.
3. The alternate member shall be appointed by the same appointing authority
as regular members of Class "C" and shall serve for a term of one
year.
c. Vacancies. If a vacancy in any class shall occur otherwise than by
the expiration of term, it shall be filled by appointment as provided
in this section for the unexpired term.
d. Organization of Commission. The Historic Preservation Advisory Commission
shall elect a Chairperson, Vice Chairperson and Secretary from its
membership.
e. Compensation of Commission Members. The members of the Historic Preservation
Advisory Commission shall serve without compensation.
f. Retention of Professional Assistance. The Historic Preservation Advisory
Commission may employ, contract for, and fix the compensation of experts
and other staff and services as it shall deem necessary. The Commission
shall obtain its legal counsel from the Municipal Attorney at the
rate of compensation determined by the Governing Body, unless the
Governing body, by appropriation, provides for separate legal counsel
for the Commission. Expenditures pursuant to this section shall not
exceed, exclusive of gifts or grants, the amount appropriated by the
Governing Body for the Commission's use.
g. Duties. The Historic Preservation Advisory Commission shall have
the responsibility to:
1. Prepare and maintain a survey of historic sites of the municipality pursuant to criteria identified in Section
29-4h;
2. Recommend to the Planning Board regarding the historic preservation
plan element of the master plan and on the implications for preservation
of historic sites of any other master plan elements;
3. Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program;
4. Advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to Section
29-5 of this chapter;
5. Provide written reports pursuant to N.J.S. 40:55D-111 on the application
of the zoning ordinance provisions concerning historic preservation.
6. Carry out such other advisory, educational and informational functions
as will promote historic preservation in the municipality;
7. Review all proposed National Register nominations for properties
that come within the jurisdiction of the Commission, as established
by the criteria of the 1980 amendments of the National Historic Preservation
Act of 1966; and
8. Encourage and assist property owners of historic sites to file for
tax incentive programs or grants offered by Federal, State or County
organizations, to assist the property owner to maintain and/or restore
the historic site.
h. Meetings. The Historic Preservation Advisory Commission shall meet
regularly a minimum of two times per year. All meetings shall comply
with the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-7, et
seq.).
i. Conflicts of Interest. No member of the Commission shall act on any
matter coming before the Commission in which he or she has, either
directly or indirectly, any personal or financial interest.
j. Emergency Meetings of Commission. If there arises a need for an emergency
meeting of the Commission, the Commission Chairperson shall convene
a meeting of the Commission after having given due and appropriate
notice in accordance with the New Jersey Open Public Meetings Act
(N.J.S.A. 10:4-7, et seq.). The Commission Chairperson shall instruct
the Secretary to contact the Commission members to inform them of
the time, date and location of the emergency meeting; and the purpose
of the emergency meeting. All requirements for the transaction of
business at a regular meeting shall apply to all emergency meetings.
[1972 Code § 29-5; Ord. No. 07-08]
a. Actions Requiring a Certificate of Appropriateness. A certificate
of appropriateness issued by the Historic Preservation Advisory Commission
shall be required before a permit is issued by any of the following,
or, if no other type of permit is otherwise required, before any work
can commence on any of the following activities on the property of
any landmark or within any historic district:
1. Demolition of a historic landmark or of any improvement within any
historic district.
2. Relocation of any historic landmark or of any improvement within
any historic district.
3. Change in the exterior appearance of any existing landmark or of
any improvement within any historic district by addition, alteration
or replacement.
4. Any new construction of a principal or accessory structure.
b. 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 color of the improvement shall be changed as
a result of such repainting, repair or exact replacement, a certificate
of appropriateness shall not be required if the new exterior surface
is one that has been previously approved by regulations duly promulgated
by the Historic Preservation Advisory Commission for similar improvement
in that district or as to that particular historic landmark. If the
repainting, repair or exact replacement does not conform to the 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 Advisory
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, should the original
or existing finishes, materials or architectural elements be of such
a deteriorated condition as to require replacement, the new finishes,
materials or architectural elements should be designed and installed
to replicate the material, color, size, contour, configuration and
design of that which is being replaced.
c. Municipal Exception. A certificate of appropriateness shall not be
required for any of the actions enumerated in Section 29-5a1- 4, inclusive,
if the work is performed on municipally-owned property, within a municipal
or County of Middlesex right-of-way, or on private property, by the
Township of Piscataway with the consent of a private property owner.
[1972 Code § 29-7]
In making its determinations and recommendations, the Historic
Preservation Advisory Commission shall take into consideration specific
standards, as set forth below.
a. Demolitions. As to an application to demolish a historic landmark
or any improvement within a historic district, the following matters
shall be considered:
1. Its historic, architectural, archaeological and/or aesthetic significance;
3. Its importance to the municipality and the extent to which its historical,
architectural or archaeological value is such that its removal would
be detrimental to the public interest;
4. 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;
5. The extent to which its retention would promote the general welfare
by maintaining 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 municipality a more attractive and desirable place in which
to live;
6. If it is within a historic district, the probable impact of its removal
upon the ambience of the historic district;
7. The appropriateness of the imposition of a six-month stay of the demolition in order to allow the applicant or concerned third parties an opportunity to move or remove the structure(s) pursuant to Section
29-7, paragraphs b and c hereinafter or to purchase the property with the intent to preserve it. In the event applicant cannot move or remove the structure(s) or cannot reach a satisfactory agreement with a third party within the six-month period, applicant shall have the absolute right to proceed with the demolition.
b. Removals Out of the Municipality. As to an application to move a
historic landmark to a location outside of the municipality, the following
matters shall be considered:
1. The historic loss to the site of the original location;
2. The compelling reasons for not retaining the landmark or structure
at its present location;
3. The proximity of the proposed new location to the municipality including
the accessibility to the residents of the municipality and other citizens;
4. The probability of significant damage to the landmark or structure
itself, as a result of the move;
5. The applicable matters set forth in Section
29-7a.
c. Removals Within the Municipality. As to an application to move a historic landmark or any structure in a historic district to a new location within the municipality, the following matters shall be considered in addition to the matters set forth in Section
29-7b.
1. The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the intent and purposes
of this chapter;
2. If the proposed new location is within a historic district, the visual compatibility factors as set forth in Section
29-7g.
d. Visual Compatibility Considered for Additions or Removals. As 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 as set forth in Section
29-7g.
e. Considerations on Other Actions. As to an application for other approval of any proposed action, as set forth in Section
29-5a, the following matters shall be considered:
1. If a historic landmark or a structure in a historic district is involved:
(a) The impact of the proposed change on its historic and architectural
character;
(b) Its importance to the municipality and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest, and;
(c) 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.
2. The use of any structure involved.
3. The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within a historic district
from a public street.
4. If the application deals with a structure within a historic district the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Section
29-7g.
f. Additional Matters. Additional pertinent matters may be considered
but in no instance shall interior arrangement be considered.
g. Visual Compatibility Factors. The following factors shall be used
in determining the visual compatibility of a building, structure or
appurtenance thereof with the buildings and places to which they are
visually related and shall be known as "Visual Compatibility Factors".
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 elevation
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 the windows to the height of the windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
4. Rhythm of Solids to Voids on Front Facade. The relationship of solids
to voids in the front facade of a building shall be visually compatible
with the buildings and places to which it is visually related.
5. Rhythm of Spacing of Buildings on Streets. The relationship of the
building to the open space between it and the adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
6. Rhythm of Entrance and/or Porch Projections. The relationship of
the entrance or entrances and the porch projections to the street
shall be visually compatible with the buildings and places to which
it is visually related.
7. 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 buildings to which it is visually related.
8. Roof Shapes. The roof shapes of a building shall be visually compatible
with the buildings to which it is visually related.
9. Walls of Continuity. Appurtenances of a building such as walls, open-type
fencing, evergreen landscape masses, shall form cohesive walls of
enclosure along a street, to the extent necessary to maintain visual
compatibility of the building with the buildings and places to which
it is visually related.
10. Scale of Building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
11. Directional Expression of Front Facade. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character or non-directional character.
[1972 Code § 29-9; Ord. No. 07-08]
Any person who shall undertake any activity in relation to a
landmark or improvement within a historic district without first having
obtained a certificate of appropriateness shall be deemed to be in
violation of this chapter.
a. Service of Notice of Violation. Upon learning of the violation, the
Construction Code Official shall personally serve upon the owner on
which 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 notice, a copy of
same shall be posted on the site in question and a copy be sent by
certified mail, return receipt requested, to the owner at the last
known address as it appears on the municipal tax rolls.
b. Issuance of Summons and Complaint. If the violation is not abated
within the specified ten-day period following service and/or posting
on the site in question, whichever is earlier, the Construction Code
Official shall cause to be issued a summons and complaint, returnable
in the municipal court, charging violation of this chapter. Each separate
day the violation exists shall be deemed a new and separate violation
of this chapter.
c. Penalties. The penalty for violations shall be as follows:
1. For each day, up to 10 days - not more than $100 per day.
2. For each day, 11 days to 25 days - not more than $250 per day.
3. For each day beyond 25 days - not more than $500 per day.
4. If demolition or removal occurs without a certificate of appropriateness
having been obtained, then the penalty for such act or acts shall
be a fine of not more than $1,000 and/or a jail sentence not to exceed
30 days.
d. Injunctive Relief. In the event that any action which would permanently
and/or adversely change the landmark or historic district, such as
demolition or removal is about to occur without a certificate of appropriateness
having been issued, appropriate Township Officials are 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.
[1972 Code § 24-10]
Recognizing the need for preventive maintenance to insure the
continued useful life of landmarks and structures in historic districts,
the Governing Body of the Township of Piscataway hereby declares that
code enforcement regarding landmarks and structures in historic districts
is a high municipal priority.
a. Deterioration and Service of Notice of Violation. If any landmark
or improvement in a historic district deteriorates to the point that,
in the best estimate of the Construction Code Official, the cost of
correcting the outstanding code violations equals more than 25% of
the cost of replacing the entire improvement on which the violations
occur, the Construction Code Official shall serve personally or by
certified mail, return receipt requested, a notice on the owner of
the landmark listing the violations, the estimate for their abatement,
and the replacement cost of the improvement and stating if the owner
does not take all necessary remedial action within 90 days, or such
extensions of time as the Construction Code Official shall for good
cause grant, the Township may at the expiration of the ninety-day
period enter upon the property in question and abate the violations
itself and cause the cost thereof to become a lien on the property.
b. Request for Hearing by Property Owner. Upon receipt of such notice
from the Construction Code Official, the owner may, within 10 days
after such a receipt, notify the Construction Code Official of his
wish to have a hearing as to the allegations and estimates set forth
in the Construction Code Official's notice. Such hearing shall
be conducted by the Planning Board and shall, so far as possible,
be a formal adversary proceeding in which the Planning Board shall
establish the matters alleged in the notice by a preponderance of
the evidence.
If the owner does not request a hearing, the procedures set forth in Section
29-10a shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to of Section
29-10a.
c. Violation Abatement by Municipality. Thereafter, if the owner of
the property in question does not comply, the Construction Code Official
may enter onto the premises and, by use of municipal labor or outside
contractors or both, perform such work as is necessary to abate all
violations.
The Construction Code Official shall then certify to the Governing
Body of the Township of Piscataway the cost of such work, plus all
administrative, clerical and legal costs and overhead attributable
thereto and shall present same to the Governing Body of the Township
of Piscataway.
The Governing Body of the Township of Piscataway may, by resolution,
vote to cause the sum so certified to become a lien upon the landmark
property in question, payable with the next quarter's property
taxes and, if not paid, bearing interest at the same rate as delinquent
taxes.
[1972 Code § 29-11]
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, and if it should, to inform, in writing, both the
secretary of the commission and the applicant in a timely fashion.