[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:
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.
Shall mean any work done on any improvement which:
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.
Shall mean the razing of any improvement or the obliteration
of any natural feature of a designated landmark.
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.
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.
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.
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.
Shall mean the official newspaper as designated by the Township
Governing Body.
Shall mean any work done on any improvement which:
Shall mean the repairs when a building permit is required
for same.
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 § 29-4]
a.
Preparation of a Survey. The Historic Preservation Advisory Commission
shall make a comprehensive survey of the Township of Piscataway to
identify historic districts and sites worthy of protection and preservation.
Such survey shall be based upon an identification process approved
by the Historic Preservation Office, Department of Environmental Protection
and Energy, or its successor.
b.
Documentation and Notification. Based on the survey or upon recommendation
of concerned citizens, the Historic Preservation Advisory Commission
shall document the importance and historical significance to the municipality,
State and Nation of each landmark designation in terms of the purpose
and criteria set forth in this chapter. Thereafter, the Historic Preservation
Advisory Commission, by certified mail, shall:
1.
Notify each owner that his property has been tentatively designated
a historic landmark by the Commission.
2.
Advise each owner of the significance and consequences of such tentative
designation and of the procedures to challenge or contest such designation.
3.
Invite each owner to consent voluntarily to final designation without
the need for public hearing or other procedure.
c.
Public Hearings. The Historic Preservation Advisory Commission shall,
as soon as practicable, make public a complete list and map of the
tentatively designated landmarks and districts specifying the locations,
boundaries and popular names thereof. In designating any landmark
or historic district, the Historic Preservation Advisory Commission
may determine and so specifically designate certain buildings or structures
as noncontributing to the historic districts.
The tentative list and map shall thereafter be submitted at
a public hearing to the examination and criticism of the public. Interested
persons shall be entitled to present their opinions, suggestions,
and objections at this public hearing. A list and map showing all
proposed historic districts and landmarks shall be published, together
with a notice of the hearing on same, in the official newspaper not
less than 10 days prior to such hearing.
d.
Final Decision by Commission. After full consideration of the evidence
brought forth at the special hearing, the Historic Preservation Advisory
Commission shall make its final decisions on the designations and
shall issue a final report, including reasons in support of its actions
as to each landmark and historic district designation.
e.
Submission of List to Township Clerk and Planning Board. The list
of landmarks and historic districts shall be submitted thereafter
to the Secretary of the Township Planning Board and to the Municipal
Clerk of the Township of Piscataway. Prior to adoption of this chapter
adopting the designation list, the Governing Body shall refer same
to the Planning Board for recommendations and inclusion in the Master
Plan. Prior to the adoption of any ordinance, the Township Clerk shall
obtain the written consent of each owner of a historic site. If a
property owner does not give his/her consent to being placed upon
the designation list, the owner's property will be removed from
the list prior to its adoption by the Township Council. The Governing
Body shall then consider whether to adopt the designation list and
map by ordinance. Once adopted, the designation list and map may be
amended in the same manner as it was initially adopted. Copies of
the landmarks and historic districts designation list and map, as
adopted, shall be made public and distributed to all Municipal agencies
reviewing development applications and all building and housing permits.
f.
Certificate of Designation and Deed Recital. A certificate of designation
shall be served by certified mail upon the owner of each site included
in the final list, and a true copy thereof shall be filed with the
County Clerk for recordation in the same manner as certificates of
lien upon real property. The owner of a site so designated may record
a deed reciting that the property is subject to the ordinance and
the certificate of designation.
g.
Placement of Plaques. Each designated historic district or landmark
may be marked by an appropriate plaque - in such form as the Historic
Preservation Advisory Commission shall promulgate by regulation.
h.
Criteria for Designation of a Landmark or Historic District. In considering
an individual site, building or structure or a district for becoming
designated as historically, architecturally or archaeologically significant,
the Historic Preservation Advisory Commission shall consider the following
criteria:
1.
That it is associated with events that have made a significant contribution
to the broad patterns of our history; or
2.
That it is associated with the lives of persons significant in our
past; or
3.
That it embodies the distinctive characteristics of a type, period,
or method of construction, or that it represents the work of a master,
or that it possesses high artistic values, or that it represents a
significant and distinguishable entity whose components may lack individual
distinction; or
4.
That it has yielded, or may be likely to yield, information important
in prehistory or history.
5.
Ordinarily cemeteries, birthplaces or graves of historical figures,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed
historic buildings, properties primarily commemorative in nature,
and properties that have achieved significance within the past 50
years shall not be considered eligible for the National Register.
However, such properties will qualify if they are integral parts of
districts that do meet the criteria or if they fall within the following
categories:
(a)
A religious property deriving primary significance from architectural
or artistic distinction or historical importance; or
(b)
A building or structure removed from its original location but which
is significant primarily for architectural value, or which is the
surviving structure most importantly associated with a historic person
or event; or
(c)
A birthplace or grave of a historical figure of outstanding importance;
or
(d)
A cemetery that derives its primary significance from graves of persons
of transcendent importance, from age, from distinctive design features,
or from association with historic events; or
(e)
A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master
plan; or
(f)
A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own historical significance;
or
(g)
A property achieving significance within the past 50 years if it
is of exceptional importance.
[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 § 29-6]
a.
Application Procedure. Application for a certificate of appropriateness
shall be made on forms available from either the Municipal Clerk or
the Secretary of the Historic Preservation Advisory Commission. Completed
applications shall be delivered to the Secretary of the Historic Preservation
Advisory Commission at the Piscataway Township Public Works Building,
505 Sidney Road, Piscataway, New Jersey 08854.
b.
Application Information and Supporting Documents. Applications for
a certificate of appropriateness shall include the following:
1.
All forms completed by the applicant.
2.
A certification that all property owners within 200 feet of the lot
line of the landmark property in question have been sent legal notice,
by certified mail with a return receipt requested, of the application
not less than 10 days before it is to be heard. Such notice and certification
shall only be required where applicant seeks demolition of part or
all of the structure.
3.
Proof of publication of a notice of the application in the official
newspaper not less than 10 days before it is to be heard. Such notice
and certification shall only be required where applicant seeks demolition
of part or all of the structure.
4.
The following exhibits:
(a)
An overall site plan layout.
(b)
Sufficient color photographs of all adjacent properties and buildings
within a minimum of 60 feet of the landmark property lines. Each photograph
shall be properly identified and referenced on the site plan.
(c)
Elevation drawings may be optional at the commission's request.
All building elevations required shall be at a minimum scale of 1/8
inch equals one foot.
c.
Time Frame of Decision by Commission. The Historic Preservation Advisory
Commission shall reach a decision on the application within 45 days
after the Secretary has declared an application to be complete. Nothing
herein shall prohibit an extension of time by mutual agreement of
the applicant and the Historic Preservation Advisory Commission. The
Historic Preservation Advisory Commission may advise the applicant
and make recommendations in regard to the appropriateness of proposed
action, and may grant approval upon such conditions as it deems appropriate
within the intent and purpose of the section of the chapter.
If an application is approved, the Historic Preservation Advisory
Commission shall forthwith issue a certificate of appropriateness.
If the Historic Preservation Advisory Commission disapproves an application,
the Historic Preservation Advisory Commission shall state its reasons
in writing in resolution form within 10 days of such a decision. In
case of disapproval, the Historic Preservation Advisory Commission
shall notify the applicant, in writing, of such resolution of disapproval,
and reasons therefor, and provide the applicant with a certified copy
thereof. A summary of the Historic Preservation Advisory Commission's
action shall be published in the official newspaper within 10 days
of such action in those matters concerning an application to demolish.
The Secretary of the Historic Preservation Advisory Commission
shall forward a copy of the Commission's written action, on an
applicant, to the Construction Code Official and the Township Planning
Board or Zoning Board of Adjustment (if either body is also reviewing
the application) within 10 days of the Commission's decision.
d.
Appeal to Commission of Hardship. If an applicant alleges that compliances
within the requirements of this section of the chapter would be an
unreasonable hardship and that the nature of his application is such
that the change sought neither justifies the time and expense of the
plenary proceeding nor will impact negatively on the public good nor
specifically on the historic qualities sought to be preserved; the
Historic Preservation Advisory Commission, by a 2/3 affirmative vote
of its full authorized membership, may grant such relief from the
requirements of the section of the chapter as it deems consistent
with the public good and the purposes of this chapter.
e.
Request for Certificate of Appropriateness - For Alteration Creating
Negligible Impact. An applicant may allege that a certificate of appropriateness
should be granted without his fulfilling all of the application requirements
set forth herein because the addition or alteration contemplated will
not be visible from any place to which the public normally has access
and, therefore, that the addition or alteration cannot adversely affect
the public interest and cannot affect an architecturally significant
elevation. In that event the Historic Preservation Advisory Commission,
by a majority vote of its full authorized membership, upon a finding
that the applicant's claim is accurate, may forthwith grant a
certificate of appropriateness on that basis.
[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;
2.
Its use;
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;
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.
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 § 29-8]
a.
Approved Certificate of Appropriateness Deemed Positive Recommendation.
If a certificate of appropriateness has been issued for an application
that requires approval of the Planning Board or the Zoning Board of
Adjustment, the certificate of appropriateness shall be deemed to
be a positive recommendation to that body as to the historic preservation
aspects of the matter before that body.
The Planning Board or Zoning Board of Adjustment may, nevertheless,
affirm or deny the application based on the entire record before it,
notwithstanding the certificate of appropriateness as to the historic
preservation aspects.
b.
Appeals Relating to a Certificate of Appropriateness. A written appeal
of the grant or denial of a certificate of appropriateness may be
made to the Planning Board within 10 days after the Construction Code
Official refuses to issue a permit based on denial of a certificate
of appropriateness.
c.
Right of Judicial Review. Nothing herein shall be deemed to limit
the right of judicial review of the municipal action after an appeal
is concluded by the Governing Body of the Township of Piscataway.
[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.
