[Ord. No. 2470-16]
Article
8 has been enacted pursuant to authority granted under Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including, but not limited to, N.J.S.A. 40:55D-65(i) and 107 to 112. This Article shall be known by and may be referred to by the short title of the "Historic Preservation Ordinance of the Township of Millburn." This Article is specifically intended to effectuate and accomplish the protection, enhancement and perpetuation of historic buildings, structures, sites, objects, improvements and districts within the Township of Millburn, 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 the Township
of Millburn by preserving resources which reflect elements of its
archaeological, cultural, social, economic, architectural, and historical
heritage;
b. To encourage the continued use of historic
landmarks and historic districts and to facilitate their appropriate
use or reuse;
c. To maintain and develop an appropriate
and harmonious setting for the historically significant structures,
sites, and districts located within the Township;
d. To identify, designate, and regulate historic
landmarks and historic districts in order to preserve their historical
significance;
e. To foster civic pride in the history and
architecture of Millburn Township;
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 and landscapes;
h. To encourage and manage appropriate alterations
of historic sites and improvements within historic districts, and
to prevent new construction which is not in keeping with the character
of historic districts;
i. To discourage the unnecessary total or
partial demolition, removal, or destruction of historical resources;
and
j. To recognize the importance of historic
landmarks and historic districts by assisting property owners and
tenants to maintain their properties in keeping with the requirements
and standards of this Article.
[Ord. No. 2470-16]
In addition to the definitions set forth in Article
3 of this ordinance, the following definitions apply in Article
8.
ADDITION
An extension or increase in the size, floor area or height
of any building, structure, site, object or improvement added at some
time after the completion of the original.
ALTERATION
Any change in the exterior features of any building, structure,
site, object or improvement.
APPLICATION
A request to the Commission made pursuant to this Article
for the purposes of obtaining a Certificate of Appropriateness or
other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
An application to the Planning Board or the Zoning Board
of Adjustment of the Township of Millburn for approval of a major
or minor subdivision plat or site plan, planned development, conditional
use or zoning variance, or an application for the construction, reconstruction,
conversion, structural alteration, relocation or enlargement of any
building or other structure, or of any mining excavation or landfill,
or for any use or change in the use of any building or other structure,
or of any parcel of land, for which permission may be required pursuant
to the Municipal Land Use Law.
BUILDING
Any man-made structure created principally to shelter any
form of human activity as well as its functionally related appurtenances
such as a house and a barn.
CERTIFICATE OF APPROPRIATENESS (or CA)
That document issued by the Commission which is required
before any work may be commenced on any historic landmark or any building,
structure, site, object or improvement located within an historic
district.
COMMISSION
The Historic Preservation Commission established pursuant
to the provisions of this Article.
CONSTRUCTION OFFICIAL
The officer in charge of granting building or construction
permits in the Township.
CONTRIBUTING
Any buildings, structures, sites, objects or improvements
which are integral components of a historic district 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.
DEMOLITION
The partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any building, structure,
site, object or improvement. Demolition includes the removal of a
building, structure, site, object or improvement from its location
or the removal or destruction of its facade or surface.
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT
An individual building, structure, site, object, landscape,
park, viewshed, improvement or district which has been determined
to have historical significance pursuant to the provisions of this
Article.
EMERGENCY REPAIRS
Immediate repairs to preserve the continued habitability
and/or the health and safety of occupants or others, performed in
accordance with Township codes without first obtaining a Certificate
of Appropriateness. A consultation with the Commission or its staff
is still required.
EXEMPTION
When a property owner, designer or contractor (a) requests
permission to make repairs or alter building components, for reasons
sufficiently emergent that they cannot wait for the next available
meeting, or (b) requests permission to make ordinary maintenance and
repairs, construction field changes or install materials which are
replacements for materials and features already present, and are sufficiently
similar or "in-kind", being "like for like", to obviate the need for
a CA hearing.
FACADE
The face or front of a structure or any vertical surface
thereof adjacent to a public way.
HARMONIZING
Any buildings, structures, sites, objects or improvements
in a historic district which date from a later period but possess
some architectural importance and/or visually contribute to the cohesiveness
of the district's streetscapes.
HISTORIC
Having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this Article.
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
section 804 of this Article including those which were formerly known
as the Designated Historic Districts pursuant to Ordinances 10-87,
8-89 and 10-89 and are depicted and described in the attachments at
the end of this chapter as Schedules B, C and D.
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 on the site 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 including those which were formerly known as Designated Historic Sites pursuant to Section 804 in Ordinances 10-87, 8-89 and 10-89; and
c.
NONCONTRIBUTINGAny building, structure, site, object or improvement on the site which does not have significant historical value because it neither dates from a time period nor represents an architectural type, period or method which is historically significant.
HISTORIC LANDMARK
Any building, structure, site, object or improvement which
qualifies for designation under Section 804 of this Article.
HISTORIC SITE
Any building, structure, site, landscape, object or improvement
determined to be of historical, archeological, cultural, scenic or
architectural significance in accordance with the provisions of this
Article.
HISTORICAL
Of, relating to, or having the character of history.
IMPROVEMENT
A building or other structure, or any work constituting a
man-made alteration of, or addition to, any building, structure, site
or object.
IN-KIND
Construction or construction materials that match construction
or construction materials being replaced on a designated structure
or object, thereby maintaining historic composition, design, color,
texture and other visual qualities.
INTEGRITY
The authenticity of a building, structure, site, object,
improvement or district evidenced by the survival of the physical
characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this Article, or whose rights
to use, acquire or enjoy property under this Article or under any
other law of this State or of the United States have been denied,
violated or infringed by an action or a failure to act under this
Article.
INTRUSIONS
Any buildings, structures, sites, objects or improvements
in a historic district which date from a later period and do not visually
contribute to the cohesiveness of the district's streetscapes.
INVENTORY
A list of historic properties determined to meet criteria
of significance specified herein.
KEY-CONTRIBUTING
Any buildings, structures, sites, objects or improvements
in a historic district which, due to their extraordinary significance,
would individually qualify for historic landmark status.
LANDSCAPE
The visual character of the land, including but not limited
to architecture, building setbacks and height, fences, hedgerows,
plantings, lawns, trees as well as man-made features including, but
not limited to, sculptures, patterned walks, fountains, reflecting
pools and vistas.
LOT
Any designated parcel, tract, or area of land established
by a plat or otherwise, as permitted by law and to be used, developed,
or built upon as a unit.
MASTER PLAN
The Master Plan of the Township of Millburn, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
An Application for a Certificate of Appropriateness (including
documents in Section 805.5) which:
a.
Does not involve demolition, relocation
or removal of an historic landmark or a key or 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 windows,
doors, roofing, fences, signs, awnings, porches, railings, steps,
materials, finishes, exterior lighting, solar panels, communication
devices, sidewalks, paving, or streetscape work and any other work
subject to public view which will not substantially affect the architectural
characteristics of the historic landmark or the historic district;
or
d.
Is a request for a construction field
change for a Certificate of Appropriateness which has already been
issued and which meets the criteria of paragraph c above.
MINOR WORK REVIEW COMMITTEE (MWRC)
The members of the Commission appointed by the Chair at the
annual organizational meeting, or from time to time as needed. The
MWRC shall consist of the Chair and two other members and shall be
responsible for reviewing minor applications and applicant exemption
requests with the assistance of the Zoning Official and the HPC Consultant.
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 evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
NON-CONTRIBUTING
Any buildings, structures, sites, objects or improvements
in a historic district which do not have significant historical value
because they neither date from a period of significance nor represent
an architectural type, period or method which is historically significant,
or due to alterations, disturbances, additions, or other changes,
no longer possesses historic integrity reflecting its character at
that time or is incapable of yielding important information about
the period.
OBJECT
Shall be 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.
Examples include, but are not limited to, fountains, sculptures, statuary
and similar items. 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.
OWNER
The owner of record as shown on the current tax list of the
Township tax collector; the mortgage holder of record, if any, as
shown in the mortgage records of the Township; and any purchaser under
a land contract.
PERMIT
Any required approval issued by the Construction Official
pursuant to applicable building or construction codes for exterior
work to be performed on any historic landmark or on any building,
structure, object or site located within a historic district, which
exterior work will be subject to public view. Said permit shall include
but not be limited to a building permit, a demolition permit or a
permit to move, convert, relocate or remodel or to change the use
or occupancy of any landmark or any building, structure, object or
site located within an historic district. "Permit" shall also include
all exterior work to be performed on windows, doors, roofing, fences,
signs, awnings, porches, railings, steps, lighting and sidewalks and
any other work subject to public view which would alter the exterior
appearance of historic landmarks or properties located within a historic
district or their sites.
PERSON
Any individual, 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.
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 to 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 non-surviving building, structure,
site, object, improvement or landscape for the purpose of replicating
its appearance at a specific period of time and in 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, 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.
STAFF
The Historic Preservation Consultant, the Zoning Officer
and such other consultants or officials as may from time to time be
retained and/or employed to provide application review services to
the Commission.
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.
STRUCTURE
Shall be used as a term to distinguish from buildings those
functional constructions made usually for purposes other than creating
human shelter, such as a bridge, a walkway, driveway and sometimes
referred to as a type of improvement, meaning a combination of materials
that becomes a part of, is placed upon, or is affixed to real estate.
SURVEY
The inventory of buildings, structures, sites, objects, improvements
and districts located within the Township of Millburn 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, VISTA OR VIEWSHED
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.
[Ord. No. 2470-16]
The duly established Commission created pursuant to Ordinances 10-87, 8-89 and 10-89 codified as Article
8 of the Township of Millburn Development Regulations and Zoning Ordinance is hereby re-established confirmed and continued. The members shall serve without compensation.
[Ord. No. 2470-16]
The Historic Preservation Commission shall have the following
duties and responsibilities:
a. To identify, record and maintain a survey
of all buildings, structures, sites, objects, improvements and districts
of historical significance within the Township.
b. To recommend to the Planning Board and
Township Committee the designation of buildings, structures, sites,
objects or improvements as local historic landmarks, and to recommend
the designation of local historic districts.
c. To monitor and recommend to the Planning
Board and Township Committee any buildings, structures, sites, objects,
improvements or districts for inclusion in the New Jersey or National
Register of Historic Places.
d. To make recommendations to the Planning
Board and Township Committee on the historic preservation element
of the master plan and on the implications for preservation of historic
landmarks and historic districts of any other master plan elements.
The Commission may provide information to the Planning Board indicating
the location and significance of historic landmarks and historic districts,
and identify the standards used to assess worthiness for historic
landmark or historic district designation.
e. To make recommendations to the Planning
Board and Township Committee on the historic preservation implications
of any proposed or adopted zoning or development ordinance(s) or proposed
or adopted element(s) of the Township's Master Plan.
f. To draft and recommend to the Planning
Board and Township Committee ordinances or amendments to existing
ordinances that would resolve any conflicts which may exist between
the design standards of this Article and the building or zoning regulations
of the Township.
g. To advise and assist Township officers,
employees, boards and other bodies, including those at the County,
State and Federal levels, on all matters which have potential impact
on the historic buildings, structures, objects, sites or districts
in the Township or on the physical character and ambience of any portion
of the Township.
h. To advise the Planning Board and Zoning
Board of Adjustment on applications for development pursuant to N.J.S.A.
40:55D-110.
i. To review and render determinations regarding
applications for Certificates of Appropriateness as set forth in this
Article.
j. To advise the Planning Board and Township
Committee on the relative merits of proposals involving the use of
public funds to restore, preserve and protect historic buildings,
structures, objects and sites; to securing State, Federal and/or other
grants or assistance in support of such projects; and to monitor such
projects once underway.
k. To cooperate with local, County, State
or national historical societies, governmental bodies and organizations
to maximize the contributions of the Commission in accordance with
the intent and purposes of historic preservation.
l. To make information available to residents
of historic buildings or districts concerning guidelines for rehabilitation
and design criteria for new construction established under this Article.
m. To seek any benefits which may be granted
under the National Historic Preservation Act, as amended, or any other
State or Federal legislation, including but not limited to the benefits
which flow to communities under the certified local government program
with regard to training, grant funding and technical assistance; and,
in furtherance thereof, to take any steps necessary to assist the
Township of Millburn in the preparation and submission of any documents
needed for certification of the Township as a certified local government
under the National Historic Preservation Act.
n. To monitor and recommend to the Township
Committee the submission of any grants related to historic preservation.
o. To increase public awareness of the value
of historic, architectural and cultural preservation by developing
and participating in public information programs.
p. To carry out such other advisory, educational
and informational functions as will promote historic preservation
in the Township.
[Ord. No. 2470-16]
The alternate members may participate in all Commission discussions
during 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.
[Ord. No. 2470-16]
Annually, the Commission shall elect a Chair and Vice-Chair
from its members and select a Recording Secretary who may or may not
be a member of the Commission or a municipal employee. See current
HPC Bylaws for further information.
[Ord. No. 2470-16]
The Township Committee shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The 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 Township Attorney
at the rate of compensation determined by the Township Committee,
unless the Township Committee by appropriation provides for separate
legal counsel for the Commission. The Commission shall obtain the
services of an Historic Preservation Consultant and such other experts
and other staff as it deems necessary. Expenditures pursuant to this
subsection shall not exceed, exclusive of gifts or grants, the amount
appropriated by Township Committee for the Commission's use.
[Ord. No. 2470-16]
The Township Committee shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable Township ordinance.
[Ord. No. 2470-16]
A member of the Commission may, after a public hearing, if requested,
be removed by the Township Committee for cause including, but not
limited to, failure to attend Commission Meetings and/or violation
of the Local Government Ethics Law.
[Ord. No. 2470-16]
The Commission shall maintain and expand, when appropriate,
a comprehensive survey of the Township of Millburn to identify historic
landmarks and historic districts that are worthy of protection and
preservation.
[Ord. No. 2470-16]
The criteria for evaluating and designating historic landmarks
and historic districts shall be guided by the National Register Criteria
as currently published and amended from time to time. The Commission
or any person may recommend designation of historic landmarks or historic
districts that are in accordance with the National Register Criteria
or that possess one or more of the following attributes:
a. Character, interest, or value as part of
the development, heritage or cultural characteristics of the Township,
State or Nation; or
b. Association with events that have made
a significant contribution to the broad patterns of our history; or
c. Association with the lives of persons significant
in our past; or
d. Embodiment of the distinctive characteristics
of a type, period or method of construction, architecture, or engineering;
or
e. Identification with the work of a builder,
designer, artist, architect or landscape architect whose work has
influenced the development of the Township, State or Nation; or
f. Embodiment of elements of design, detail,
material or craftsmanship that render an improvement architecturally
significant or structurally innovative; or
g. Unique location or singular physical characteristics
that make a district or landmark an established or familiar visual
feature; or
h. Ability or potential ability to yield information
important in prehistory or history.
[Ord. No. 2470-16]
Proposals to designate a property as historic pursuant to this
Article may be made by the Township Committee, the Commission, or
the Planning Board, in accordance with the following procedures:
a. Nomination Report for Historic Landmark.
A nomination to propose an historic landmark shall include the following
information which addresses the criteria for designation as set forth
herein:
1.
A photograph of the proposed landmark;
and
2.
A copy of the municipal tax map showing
the property on which the proposed landmark is located; and
3.
A physical description of the proposed
landmark; and
4.
A statement of significance.
b. Nomination Report for Historic District.
A nomination to propose an historic district shall include the following
information which addresses the criteria for designation as set forth
herein:
1.
A building-by-building inventory
of all properties within the district identifying key, contributing,
harmonizing, non-contributing, or intrusions; and
2.
A photograph of each property and
building within the district; and
3.
A copy of the municipal tax map of
the district showing boundaries; and
4.
A physical description of the proposed
district; and
5.
A statement of significance.
c. Schedule a Hearing. Following receipt of
a nomination to propose an historic landmark or historic district,
the Commission shall schedule a public hearing on the proposed designation.
d. Notification Requirements. At least 20
days prior to the public hearing, the Commission shall, by personal
service or certified mail, perform the following:
1.
Notify the owner(s) of record of
a property that has been proposed for historic landmark designation,
or the owner(s) of record all properties located within a district
that has been proposed for historic district designation, that the
property or district, as applicable, is being considered for such
designation and the reasons therefor;
2.
Advise the owner(s) of record of
the significance and consequences of such designation, and of the
rights of the owner(s) of record to contest such designation under
the provisions of this Article;
3.
Notify the owner(s) of record of
the date, time and location of the hearing concerning the proposed
designation of the property or district; and
4.
Serve any further notices as may
be required under the provisions of the Municipal Land Use Law.
e. Public Notice of Hearing. At least 20 days
prior to the public hearing, the Commission shall also cause public
notice of the hearing to be published in the official newspaper of
the Township.
f. Public Report. At least 20 days prior to
the public hearing, a copy of the nomination report shall also be
made available for public inspection in the municipal offices of the
Township.
g. Public Hearing. At the public hearing scheduled
in accordance with this Article, the Commission shall review the nomination
report and accompanying documents. Interested persons shall be given
the opportunity to be heard and to comment on the proposed nomination
for designation.
h. Commission Report. If the proposed nomination
is approved by the Commission, then the Commission shall forward a
report to the Township Committee, which shall contain a statement
of the Commission's recommendations and the reasons therefor with
regard to proposed designations considered at the hearing, including
a list and map of properties approved for designation.
i. Referral to Planning Board. The Township
Committee shall refer the report to the Planning Board, which in turn
shall report to the Township Committee as soon as possible, but within
60 days. Failure of the Planning Board to transmit its report within
the sixty-day period provided herein shall relieve the Township Committee
of its obligations relating to the referral of such a report to the
Planning Board. The Township Committee action on historic landmark
or historic district designations shall be otherwise subject to those
procedures and statutes which apply to a change of a zoning designation
and the adoption, revision or amendment of any development regulation.
j. Final Designation. As soon as possible
after its receipt of the report of the Planning Board or the expiration
of the period allowed for Planning Board comment on designations pursuant
to Section 804.3i of this section, the Township Committee shall act
upon the proposed designation list and map and may approve, reject
or modify by ordinance the designation recommendations made by the
Planning Board. In the event that the Township Committee votes to
reject or modify any Planning Board recommendations for a proposed
designation, the Township Committee shall record in its minutes the
reasons for not following such recommendation. All action taken by
the Township Committee on proposed designations shall become effective
upon a favorable vote of a majority of its full authorized membership,
except, in cases in which a protest has been filed in accordance with
Section 804.3h of this section. A proposed designation shall then
require a favorable majority vote of a majority of the full authorized
membership of the Township Committee.
k. Public Notice of Designation. Notice of
designation shall be made public by publication in the official newspaper
of the Township and by distribution to all municipal agencies reviewing
development applications and permits. A certificate or letter of designation
shall be sent to the owner(s) of record.
l. Incorporation of Designated Landmarks into
Township Records. Upon adoption of an article by the Township Committee
designating an historic landmark or an historic district, the said
designation shall supplement, rather than supersede, the existing
zoning district in which the affected historic landmark or historic
district is located. At that time, the designation list and map shall
be incorporated into the Master Plan and Zoning Ordinance of the Township
as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Designated properties shall also be noted as such on the records for
those properties as maintained by the engineering and zoning offices,
as well as the offices of the Construction Official, the Township
Tax Assessor and the Township Clerk. In addition to the requirement
for notation in the foregoing Township records upon the designation
of a landmark or historic district by the Township Committee as above
in this paragraph I set forth, within 90 days of the adoption of this
ordinance, there shall be entered upon the property records in the
offices of the Tax Assessor, the Construction Code Official, the Township
Engineer, the Zoning Officer and the Township Clerk a notation which
identifies each property located within or historic district as constituted
on the date of adoption hereof.
Each tax/assessment search requested
for a property located within an historic district shall note thereon
the subject property is so located. Similarly, all forms maintained
and issued by the Construction Code Official, Township Engineer, Zoning
Officer and Township Clerk responsive to requests for information,
permits, and like documents, shall contain a notation which identifies,
as applicable, the presence of a property within an historic district
as constituted on the date of the adoption hereof and as new landmarks
as historic district designations occur hereafter.
m. Amendments. Amendments to historic landmark
or historic district designations may be made in the same manner as
they were adopted in accordance with the provisions of this Article.
[Ord. No. 2470-16]
The following historic landmarks as delineated and described
in the Township Master Plan are hereby designated historic landmarks
for the purposes of this Article: None.
[Ord. No. 2470-16]
The following historic districts as previously and by this ordinance
created, reestablished and as delineated and described in the Township
Master Plan are hereby designated historic districts for the purposes
of this Article:
a. The "Short Hills Park Historic District"
is designated as an historic district and shall consist of those properties,
or parts thereof, listed in Ordinance No. 10-89.
b. The "Wyoming Historic District" is designated
as an historic district and shall consist of those properties, or
parts thereof, listed in Ordinance No. 10-89.
Those lots, and all structures thereon,
located within the above designated historic districts on which are
located structures identified in the "Historic Structures Survey,
Township of Millburn" (Millburn-Short Hills Historical Society and
David Gibson Associates. 1979; funding assistance from the National
Park Service, through the Office of NJ Heritage) as being of outstanding,
notable, or other historic or architectural importance, are hereby
reclassified for the purposes of this ordinance as contributing or
noncontributing, respectively. See definitions in Section 802 above.
See Schedules for all properties listed by block and lot. Lots and all
structures thereon which are classified as key shall be listed subsequently
in accordance with the provisions of this ordinance.
[Ord. No. 2470-16]
All properties within the Historic Landmark and Historic District
Overlay Zones shall remain subject to all underlying zoning district
regulations.
[Ord. No. 2470-16; amended 2-6-2024 by Ord. No. 2658-24]
When Required. A Certificate of Appropriateness (or "CA") issued
by the Commission shall be required before any work is commenced on
any historic landmark or within any historic district, whether or
not a construction permit is required for such work, including but
not limited to the following activities listed below. Work associated
with a development application requiring ultimate approval by the
Planning Board or the Zoning Board of Adjustment is not exempt from
this requirement.
a. Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including, but not limited to, the addition or alteration of windows, doors, roofing, fences, signs, awnings, porches, railings, steps, materials, finishes, exterior lighting, solar panels, communication devices, sidewalks, paving, or streetscape work except for the activities described in Section
DRZ-805.2 below.
b. Demolition of less than substantially all of any building or the facade of any building. Activity in this category shall be reviewed according to the criteria and standards in Section
DRZ-807 and Section DRZ-811.e.3.
c. Relocation of a principal or accessory building, structure, site,
object, or improvement.
d. Any addition to or new construction of a principal or accessory building,
structure, site, object, or improvement.
e. Total demolition of any landmark or any building, structure, site or object located within a landmark district, including total demolition associated with a development application either pending before or approved by the Planning Board or Zoning Board of Adjustment, or of an historic resource as defined in Section
DRZ-811a, is governed by Section
DRZ-811.
[Ord. No. 2470-16]
Minor Work applications, as defined in this ordinance, may be
reviewed and approved by the Minor Work Review Committee without holding
a public hearing. A minor work application shall require submittal
of information consisting of the standard application cover pages
and, where applicable, a drawing in sufficient detail to accurately
depict the work proposed and adequate to provide the information required
for issuance of a permit by the Construction Code Official. If the
Minor Work Review Committee finds the application appropriate, the
Committee may act in place of the full Commission without the necessity
of a public hearing and is authorized to issue a Certificate of Appropriateness
to the Construction Official for said minor work. The Construction
Official shall then authorize the applicant to proceed and issue any
required permit associated therewith. If the Minor Work Review Committee
does not find the application appropriate, the application shall be
scheduled for a public hearing before the full Commission/upon filing
of a full application meeting the submittal requirements of the HPC
Checklist.
[Ord. No. 2470-16]
In regard to an application to demolish or relocate an historic
landmark or an historic district resource, the following matters shall
be considered:
a. Its current and potential use for those
purposes currently permitted by the Zoning Ordinance or for the use
proposed.
b. The probable impact of its removal upon
the ambiance of the historic landmark or historic district.
c. The structural soundness and integrity
of the building, structure, site, object or improvement and the economic
feasibility of restoring or rehabilitating same so as to comply with
the requirements of the applicable construction codes.
d. The compelling reasons for not retaining
the building, structure, site, object or improvement at its present
location, the proximity of the proposed new location and its accessibility
to residents of the municipality, and the probability of significant
damage to the building, structure, site, object or improvement as
a result of the relocation.
e. The compatibility, nature and character
of the current and the proposed surrounding areas as they relate to
the intent and purposes of this Article and whether the proposed new
location is visually compatible in accordance with the standards set
forth herein.
[Ord. No. 2470-16]
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 be, to inform
the administrative officer, the applicant, and the Historic Preservation
Commission of the same.
[Ord. No. 2470-16]
Any person who commits a violation of this Article shall, in
the discretion of the Municipal Court Judge, be subject to penalties
as follows:
a. For each day up to 10 days: a fine of up
to $1,000;
b. For each day between 11 and 25 days: a
fine of up to $1,200 per violation or in the maximum amount then in
effect pursuant to State Statute; and
c. For each day beyond 25 days: imprisonment
for a period not to exceed 90 days, a fine pursuant to Section 809.2b
above, or both, and/or be required to immediately correct, abate and/or
restore the premises or property to its previous condition.
[Ord. No. 2470-16]
In the event that the violation is not abated within 10 days
of service or posting on site, whichever is earlier, the administrative
officer shall cause to be instituted any appropriate action or proceeding
to prevent such unlawful activity, to restrain, correct or abate such
violation, to prevent the occupancy of said building, structure or
site or to prevent any illegal act, conduct, business or use in or
about such premises as follows:
a. If any person shall undertake any activity
requiring a permit, report or Certificate of Appropriateness of the
Commission without first having obtained approval, he or she shall
be required to immediately stop the activity, apply for approval and
be required to immediately correct, abate and/or restore the premises
or property to its previous condition pending such approval. If the
work is denied, he or she shall immediately restore the building,
structure, object or site to its condition prior to any such activity.
The administrative officer is hereby authorized to seek injunctive
relief regarding a stop action or restoration in the Superior Court
not less than 10 days after the delivery of notice pursuant to paragraph
b hereof.
b. In the event of the threat of imminent
action or demolition for which the necessary approvals have not been
granted and which action would permanently and adversely change a
landmark or any building, structure, object or site located within
a landmark district, the administrative officer is empowered to apply
to the Superior Court of New Jersey for injunctive relief as is necessary
to prevent such actions.
[Added 2-6-2024 by Ord. No. 2658-24]
a. Purpose.
1. This article aims to preserve the integrity and authenticity of historic
resources and the character, ambience, and stability these structures
bestow on the neighborhoods and the community. The Township's
historic resources are woven into the fabric and identity of the community.
The demolition of an historic resource is a tear in that fabric that
qualitatively changes the ambience and environment.
2. It is the Township Committee's intent that this article provide
notice to current owners and those who in the future will own historic
resources that the Township regulates and protects its historic resources,
including prohibiting demolition in cases where the application of
the criteria and standards set forth in this article support that
conclusion.
3. The Township Committee recognizes that the Township's property
owners and public officials are stewards of the lands and historic
resources, committed to encouraging and managing appropriate growth
while preserving and protecting the historic and natural environment.
4. The authority and procedures of the Planning Board and Board of Adjustment
are intended to regulate what can be built on a particular property,
and not whether an historic resource should or should not be demolished.
As authorized by the Municipal Land Use Law, N.J.S.A. 40:55D-111,
the Historic Preservation Commission has approval power concerning
historic preservation over those aspects of a development application
not determined by either land use board.
5. The Historic Preservation Commission is constituted by statute with
the expertise and judgment to determine the impact of the demolition
of an historic resource. It is the intention of this section to confer
the maximum authority consistent with the Municipal Land Use Law,
particularly N.J.S.A. 40:55D-111, to review and approve or disapprove
applications to demolish an historic resource.
6. The Township Committee recognizes that many applications subject
to review because of the property location or the broad definition
of "demolition" will have little or no impact on the historic context
or character of the Township. To minimize the delays and costs to
both the applicant and the Township associated with such review, this
article also provides for an expedited procedure for low-impact cases.
7. It is not the intent of this article to discourage contemporary architectural
expression or to encourage new construction that emulates existing
buildings of historical or architectural interest or of a certain
period or architectural style, but to preserve historic resources
and the integrity of historic districts for the purposes enumerated
in this article.
b. Definitions. As used in this section, the following terms shall have
the meanings indicated.
HISTORIC RESOURCES
Includes any property historic building, structure, or site
1) located in a federally, state- or locally designated historic zoning
district; or 2) located on a federally, state- or locally designated
historic site identified on the Zoning or Official Map; or 3) identified
as historic or potentially historic in the Historic Preservation Element
of the Master Plan with a documented historic survey filed with the
New Jersey State Historic Preservation Office. The Township Building
Department shall maintain a list of properties deemed to be historic
resources, and a notation to that effect added to the property record
in the Tax Assessor's office.
PARTIAL DEMOLITION and PARTIALLY DEMOLISHED
Any razing, dismantling, destruction, removal, or demolition
of less than 50% of the total building, site or structure as calculated
by the surface area of any visible facade, exterior wall and/or architectural
element, including removal of a building, site, or structure, which
may or may not include the foundation.
TOTAL DEMOLITION and TOTALLY DEMOLISHED
This section shall be applicable to the razing, dismantling,
destruction, removal, or demolition (collectively referred to as "demolition")
of all or substantially all of any historic resource, including any
publicly visible facade, including removal of a building, site, or
structure from its site, which may or may not include the foundation.
"Total demolition," which is subject to this section, is to be distinguished
from "demolition" as defined in this section, which is a broader category
that includes total demolition. "Substantially all" of a building,
site or structure means at least 50% of the exterior walls or publicly
visible facade wall, as measured by the exterior surface area of the
building, site or structure. Any demolition (partial or total) proposed
within five years of a previous demolition permit issuance for the
same property will be considered cumulatively with respect to the
percentage of exterior walls or facade demolished or removed when
determining whether total demolition is sought.
TOTAL DEMOLITION PERMIT
A separate permit distinct from a construction or building
permit issued by the Construction Official, specific to enforcement
of the Millburn Code zoning provisions concerning historic preservation.
c. Notice to Property Owners. No later than 90 days after the effective date of this section, and no later than 90 days after this section becomes newly applicable to a property by way of a documented historic survey being filed with the New Jersey State Historic Preservation Office, adoption of an ordinance by the Township Committee designating a new individual landmark property or district, or otherwise, the Township shall notify the owner of each property that as of said date is or contains an historic resource as defined in Section
DRZ-811b that said property is subject to the requirements of this section. Notice may be provided by regular mail to the last-known address of the owner of record as found on the Tax Assessor's records. Failure to receive notice shall not relieve the property from compliance with the provisions hereof.
d. Permits for total demolition or removal of historic resources.
1. No historic resource shall be totally demolished unless a total demolition
permit has been issued as provided in this article. This article is
applicable regardless of whether a demolition permit issued by the
Construction Official is required.
2. This article applies to all historic resources, including those that
would be totally demolished in connection with a development application
to the Zoning Board or Planning Board.
3. No permit shall be issued by the Construction Official to totally
demolish an historic resource unless the proposed total demolition
is approved by the administrative officer. Applications to the Building
Department to totally demolish an historic resource shall be referred
by the administrative officer to the Historic Preservation Commission
for review and approval prior to the issuance of a total demolition
permit.
4. A permit to totally demolish an historic resource where a development
application has been filed with the Planning Board or Zoning Board
of Adjustment shall not be issued during the pendency of the development
application or thereafter unless approved pursuant to the requirements
of this article. If the development application is denied, withdrawn,
or terminated for any reason, the total demolition permit shall not
be issued until the requirements of this article have been followed
and completed.
5. An order issued by the Fire Official or the Construction Official
to demolish an unsafe structure is exempt from the requirements of
this article.
e. Procedure and criteria for total demolition approval.
1. Supplementary Application. An application, or supplementary application,
as the case may be, for approval to totally demolish or remove an
historic resource shall be completed and submitted on an application
form maintained by the Township Building Department. Such application
shall be submitted in cases where:
(a)
An application for a total demolition permit of a historic resource
has been submitted to the Construction Official.
(b)
The administrative officer finds that any other permit application
to the Construction Official involves total demolition of an historic
resource as defined herein.
(c)
An application for development is filed with the Planning Board
or the Board of Adjustment that if approved would require the total
demolition or removal of an historic resource.
2. Required Contents of Application for Total Demolition or Removal.
The application for total demolition or removal shall include:
(a)
Complete photographic record of all exterior elevations, interior
spaces, and details of all existing buildings, sites or structures
and any adjacent properties pertinent to the history of the building,
site, structure, or surrounding neighborhood.
(b)
Statement of the need/purposes for the proposed total demolition
or removal.
(c)
Written documentation by a qualified historic preservation architect
or other design professional as defined by the Secretary of the Interior
of:
(1)
The estimated cost and timing of restoration or rehabilitation
of the building, site, or structure to allow for its reasonable use.
(2)
Evidence of good faith offers of the historic building, site,
or structure for sale at a price that does not exceed its reasonable
and comparable value to purchasers willing to remove and relocate
the historic building, site or structure, at the purchaser's
expense, to another location within the Township and/or to preserve,
rehabilitate or restore the building, site or structure, and
(3)
The time frame for such alternatives to take place.
A reasonable and comparable price shall be demonstrated by the
applicant by providing evidence such as recent appraisals, comparable
sales of buildings similar in location, character, and condition to
the building, site or structure proposed to be totally demolished
or removed or such other evidence as the Historic Preservation Commission
determines to be a reasonable indication of its value. At the request
of the applicant, the HPC shall grant a waiver of this requirement
upon a finding of good cause, including, but not limited to, instances
the property's historic use as a non-profit institution or charitable
organization is proposed to continue on-site, or continuous ownership
since the period of significance.
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(d)
Written and pictorial record of the building's, site's
or structure's history and architectural features for archival
purposes, including, without limitation, all exterior facades as a
whole, a street view with surrounding properties, pictures of all
features identified in all historical/architectural surveys of the
property on file with the Township, the dates of original construction
of the building, site or structure to be totally demolished or removed;
original documents, maps, drawings, and photographs; the square footage
or dimensions of the building or structure to be totally demolished
or removed; a brief description of the materials, configuration and
use of the existing building, site or structure; significant events
and occupants associated with the history of the building or property
who are historically significant; architectural features; and a description
of the building, site or structure through photographs, plans, and
maps.
(e)
Archaeological study of the land that is the subject of the
building, site, or structure before and/or during total demolition
if the property falls within the area demonstrated to have a medium
or high probability to contain archaeological resources.
(f)
Preservation or salvage of architectural elements that are proposed
for removal and photographic documentation. The Department of Planning
and Community Development will provide applicants with local service
directories of centers.
(g)
Cost estimate of the proposed total demolition or removal, categorized
by site preparation, abatement, physical demolition work, disposal
of materials and any other relevant costs.
(h)
Conceptual, design or other plans for any building or structure
proposed or planned by the applicant to replace the historic building,
site, or structure sought to be totally demolished or removed, including
a design of the replacement building or structure, and a statement
of how the replacement structure will affect the character of the
neighborhood. At the request of the applicant, the HPC shall grant
a waiver of this requirement upon a finding of good cause.
3. Review Criteria for Total Demolition. Regarding applications to totally
demolish or remove an historic resource, such application to demolish
shall be granted if the applicant demonstrates that: 1) the preservation
of the historic resource is not warranted; or 2) the preservation
of the historic resource would impose an undue burden or hardship
on the applicant.
(a)
The first element may be demonstrated by evidence that the building's,
site's, or structure's historic characteristics do not warrant
its preservation, based on the following factors:
(1)
Its historical, architectural, cultural, and aesthetic significance.
(2)
Its use, its intended use and/or the use for which the building,
structure or site was originally designed and the feasibility of the
continuation of its designed use.
(3)
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal will or will not be
detrimental to the landmark district and/or to the public interest.
(4)
The extent to which it is of such age, unusual or uncommon design,
craftsmanship, texture, or material that it could not be reproduced
or could be reproduced only with great difficulty and cost.
(5)
The extent to which its retention would promote business, create
new positions, attract tourists, students, writers, historians, artists,
or artisans, encourage study and interest in American history, stimulate
interest and study in architecture and design, educate citizens in
American culture and heritage or make the Township a more attractive
and desirable place in which to live.
(6)
The probable impact of its removal upon the character and ambience
of the landmark district.
(7)
The extent to which the replacement building, site or structure
proposed would preserve or not adversely affect the neighborhood's
character.
(b)
The second element may be demonstrated by evidence, in consideration
of the following factors, that preservation of the building or structure
or denial of the permit would impose an undue burden or hardship upon
applicant:
(1)
The condition, structural soundness, and integrity of the historic
resource and the economic feasibility of its restoration or rehabilitation
to allow for its reasonable use.
(2)
The threat posed to the public health and safety due to deterioration
or disrepair of the historic resource.
(3)
The technological feasibility of structural rehabilitation.
(4)
Interference with the charitable purposes of any nonprofit or
charitable organization if total demolition is not permitted.
(5)
Such other information and evidence regarding the burdens upon
applicant of preservation as the Historic Preservation Commission
may reasonably request in writing.
(c)
Criteria Regarding Removal and Relocation of Historic Resources.
An application to move the building, site or structure to a new location
shall be granted if the applicant demonstrates that:
(1)
The preservation of the historic resource is not warranted under
the criteria of Subsection d2(a)(1) through (7) above; and
(2)
Moving the historic resource is technically feasible and would
not pose a substantial negative impact to the site, the present historic
district, or the proposed district of relocation. The following factors
shall be considered in the determination of this second part.
i.
The condition, structural soundness, and integrity of the building,
site or structure and the economic feasibility of its restoration
or rehabilitation to allow for its reasonable use at another site
in the Township.
ii. Interference with the charitable purposes of any
nonprofit or charitable organization if relocation is not permitted.
iii. The compatibility, nature, and character of the
areas adjacent to both the present location and the proposed location
as they relate to the protection of historic properties and districts
as regulated by this article.
iv. If a proposed new location is in an historic district, the impact on the visual compatibility of adjacent buildings, structures, or sites, as set forth in Section
DRZ-807.
v.
The likelihood of significant damage to the physical integrity
of the building, site, or structure itself.
f. Notice of Hearing.
1. The applicant for total demolition or for removal and relocation
of an historic resource shall give notice of the date, time, and location
of the public hearing before the Historic Preservation Commission
during which the application is to be heard as follows:
(a)
Public notice shall be given by publication in the municipality's
official newspaper at least 10 days before the hearing date.
(b)
Notice shall be given to the owners of all real property as
shown on the current tax duplicates located within 200 feet in all
directions of the property which is the subject of such hearing and
all adjoining property which is under common ownership and whether
located within or without this municipality. Such notice shall be
given by serving a copy thereof on the owner as shown on said current
tax duplicate or his or her agent in charge of the property or by
mailing a copy thereof by certified mail to the property owner at
his or her address as shown on said current tax duplicate. A return
receipt is not required. Notice to a partnership owner may be made
by service upon any partner. Notice to a corporate owner may be made
by service upon its President, a Vice President, Secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a limited-liability company may be made
by service upon any member thereof. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property, which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas. The requirement of service shall be satisfied by
notice to the condominium association, in the case of any unit owner
whose unit is above or below it, or horizontal property regime, in
the case of any co-owner whose apartment has an apartment above or
below it.
g. Review.
1. The Historic Preservation Commission shall review the application for total demolition according to the standards set forth in Section
DRZ-807 and Section DRZ-811.e.2, and the standards set forth in 36 CFR 60.4, entitled "Criteria for Evaluation" as promulgated by the U.S. Secretary of the Interior, which is adopted and incorporated by reference herein.
2. The Historic Preservation Commission shall report and certify its
conclusion to the administrative officer as to whether the subject
building or structure possesses cultural, historical, or architectural
significance which merits its preservation. The Historic Preservation
Commission shall present its certification in a written report within
45 days of receipt of a complete application for total demolition.
The report shall include, but shall not be limited to:
(a)
A description of the age (noting if the building, site, or structure
was constructed more than 50 years ago), architectural style, historical
associations and significance of the building, site, or structure.
(b)
Certification that the building, site or structure is historic
as defined in this chapter.
(c)
Certification as to whether the building, site or structure
is associated with events that have made a significant contribution
to the broad patterns of our local, state, and/or national history.
(d)
Certification as to whether the building, site or structure
was associated with the life of a person who made a significant contribution
to local, state and/or national history.
(e)
Certification as whether the building, site or structure embodies
the distinctive characteristics of a type, period, or method of construction,
or represents the work of a master, or possesses high artistic value,
or represents a significant and distinguishable entity whose components
may lack individual distinction, most especially if no other, or very
few, buildings with the same association have survived.
(f)
Certification as to whether the building, site or structure
has yielded, or may be reasonably likely to yield, information important
in prehistory or history.
(g)
Certification as to whether the building, site or structure
maintains integrity of:
(1)
Location: the place where the historic property was constructed
or the place where the historic event occurred; and/or
(2)
Design: the combination of elements that create the form, plan,
space, structure, and style of a property; and/or
(3)
Setting: the physical environment of an historic property; and/or
(4)
Materials: the physical elements that were combined or deposited
during a particular period of time and in a particular pattern or
configuration to form an historic property; and/or
(5)
Workmanship: the physical evidence of the crafts of a particular
culture or people during any given period in history or prehistory;
and/or
(6)
Experience: the property's expression of the historic sense
of a particular period of time; and/or
(7)
Association: the property's direct link between an important
historic event or person and an historic property.
(h)
The applicant is required to arrange site access for the Township
and the Township's contracted professional consultants, as needed,
to prepare a complete review as outlined in this section.
h. Findings and Decision.
1. If, after the consideration of the standards and criteria set forth
above, the Historic Preservation Commission concludes that the building
or structure possesses no cultural, historical or architectural significance
which would merit its preservation, or if the Historic Preservation
Commission fails to file its findings with the administrative officer
within 45 days of referral, the administrative officer shall approve,
and the Construction Official may issue a total demolition permit.
2. If, after the consideration of the standards and criteria set forth
above, the Historic Preservation Commission concludes that the subject
building and/or structure possesses sufficient cultural, historical
or architectural significance which merits its preservation, and the
Historic Preservation Commission files its report within the required
forty-five-day period, containing its findings and recommendation
against the issuance of the total demolition permit or recommendation
that the total demolition permit be issued with conditions, then the
administrative officer shall deny issuance of the permit or include
the conditions in the permit, as the case may be.
3. In cases where the approval of a development application by the Zoning
Board or Planning Board would result in the total demolition of an
historic resource, issuance of a total demolition permit pursuant
to this article shall be included as a condition in the Board's
resolution of approval.
4. The applicant for a total demolition permit may appeal the administrative
officer's decision to the Zoning Board pursuant to N.J.S.A. 40:55D-70
and 40:55D-70.2. The Historic Preservation Commission, by one or more
authorized representatives, shall appear at the appeal hearing and
provide testimony as to the basis for the disapproval. Any person
aggrieved by the decision of the Zoning Board may appeal to a court
of competent authority as permitted by applicable law.
5. In cases of an appeal of the administrative officer's denial
of a total demolition permit or imposition of conditions thereon,
the Zoning Board may, in its discretion, hear the appeal together
with the development application.