[Ord. No. 10-87; 8-89; 10-89; Ord. No. 2470-16]
[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.
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.
The construction official of the Township.
Any change in the exterior features of any building, structure,
site, object or improvement.
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.
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.
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.
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.
The Historic Preservation Commission established pursuant
to the provisions of this Article.
The officer in charge of granting building or construction
permits in the Township.
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.
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.
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.
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.
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.
The face or front of a structure or any vertical surface
thereof adjacent to a public way.
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.
Having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this Article.
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.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
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
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.
Any building, structure, site, object or improvement which
qualifies for designation under Section 804 of this Article.
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.
Of, relating to, or having the character of history.
A building or other structure, or any work constituting a
man-made alteration of, or addition to, any building, structure, site
or object.
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.
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.
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.
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.
A list of historic properties determined to meet criteria
of significance specified herein.
Any buildings, structures, sites, objects or improvements
in a historic district which, due to their extraordinary significance,
would individually qualify for historic landmark status.
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.
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.
The Master Plan of the Township of Millburn, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
An Application for a Certificate of Appropriateness (including
documents in Section 805.5) which:
Does not involve demolition, relocation
or removal of an historic landmark or a key or contributing resource
in an historic district;
Does not involve an addition to an
historic landmark or a property in an historic district or new construction
in an historic district;
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The act or process of replicating any exterior architectural
feature that is used to substitute for an existing deteriorated or
extensively damaged architectural feature.
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.
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.
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.
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.
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.
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.
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.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
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]
803.1.
Establishment. 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]
803.2.
Responsibilities. The Historic Preservation
Commission shall have the following duties and responsibilities:
[Ord. No. 2470-16]
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.
803.3.
Membership; Appointment.
[Ord. No. 2470-16]
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The Commission consists of seven regular members and two alternate
members, who shall be appointed by the Mayor with the advice and consent
of the Township Committee. All Commission members must have a demonstrated
interest, competence or knowledge in historic preservation. If available
in the community, members of the HPC shall be professionals that meet
the Secretary of the Interior's Professional Qualification Standards
in the fields of architecture, history, architectural history, prehistoric
archaeology, and/or historic archaeology. In making appointments to
the Commission, the Mayor, with the advice and consent of the Township
Committee, shall endeavor to seat at least one Commissioner from each
of the two historic districts.
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At the time of appointment, members shall be designated by the
following classes:
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a.
Class A. A person who is knowledgeable
in building design and construction or architectural history and who
may reside outside the municipality; and,
b.
Class B. A person who is knowledgeable
in, or who has demonstrated an interest in, local history and who
may reside outside the municipality; and,
c.
Class C. Citizens of the municipality who
shall hold no other municipal office, position or employment except
for membership on the Planning Board or Zoning Board of Adjustment.
Class C members should still have a demonstrated interest in history,
historic preservation, construction or a related field.
Of the seven regular members, at
least one member shall be appointed from each class. No more than
three members shall be comprised of Classes A and B.
Alternate members shall meet the
qualifications of Class C members. At the time of appointment, alternate
members shall be designated as "Alternate No. 1" and "Alternate No.
2".
803.4.
Terms.
[Ord. No. 2470-16]
b.
The term of a regular member shall be four
years; the term of an alternate member shall be two years.
c.
Notwithstanding any other provision contained
in this Article, the term of any member who is also a member of the
Planning Board or Board of Adjustment shall be coterminous with membership
on such Board.
d.
A vacancy occurring otherwise than by expiration
of term shall be filled within 60 days for the unexpired term only.
803.5.
Role of Alternates. 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]
803.6.
Officers. 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]
803.7.
Budget. 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]
803.8.
Finances. 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]
803.9.
Rules of Commission.
[Ord. No. 2470-16]
a.
The Commission shall adopt written Bylaws,
Guidelines and rules for the transaction of its business, for the
consideration of applications for certificates of appropriateness
and for the designation of historic landmarks and historic districts.
Such rules shall not be inconsistent with the provisions of this Article
and shall include but not be limited to rules pertaining to all notices
and hearings required herein.
b.
In order to make available to the public
information useful to the preservation and protection of historic
landmarks and historic districts and to provide the basis for consistency
of policy, the Commission Secretary shall maintain complete files
and records. The Commission's files shall include but are not limited
to data used in the classification of buildings, structures, sites,
objects, improvements and districts, minutes of Commission meetings,
applications for certificates of appropriateness along with collateral
data, decisions and appeals associated therewith and information,
materials and references submitted to the public related to historic
preservation. A record of Commission proceedings shall be kept and
made available but a formal verbatim record shall not be required.
c.
The Commission Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, reports, findings, determinations, decisions
and applications, which shall be public documents. All meetings shall
be noticed and conducted in accordance with the Open Public Meetings
Act, N.J.S.A. 10:4-6, et seq. Copies of all minutes shall be maintained
in the Municipal Building and shall be delivered to the Township Clerk.
d.
Copies of records shall be made available
to municipal bodies, agencies, and officials for their use. Records
will also be available to the public in accordance with the Open Public
Records Act (OPRA) and all requests will be handled administratively
by the Commission Secretary.
e.
When the Planning Board or the Zoning Board
of Adjustment refers an application to the Historic Preservation Commission,
then the referring Board shall receive a copy of the Commission's
report.
f.
The building and engineering offices shall
maintain and display an up-to-date map showing the boundaries of all
areas designated as historic districts, as well as the locations of
all historic landmarks.
g.
No member of the Commission shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest.
h.
The Commission shall prepare an annual
report. Copies will be delivered to the Township Clerk and the New
Jersey HPO. The annual report will also be available to the public
upon request.
803.10.
Removal. 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]
803.11.
Meetings; Quorum.
[Ord. No. 2470-16]
a.
The Historic Preservation Commission shall
establish and post in the Millburn Town Hall a regular schedule of
meetings, which shall include a minimum of one meeting per month.
Regular meetings shall be held as scheduled unless canceled for lack
of a quorum, lack of applications to process or for other good reason(s),
which shall be noted in the minutes. Additional special meetings may
be called by the Chair or Vice-Chair, or on the request of any two
of its members, when the regular meetings are inadequate to meet the
needs of its business, to handle emergencies or to meet time constraints
imposed by law.
b.
The Historic Preservation Commission shall
hold public hearings to review all applications for certificates of
appropriateness, referrals of development applications and other business
which comes before the Commission.
c.
The presence of four members, which may
include alternate members filling the vacancies of regular members,
shall constitute a quorum. A majority vote of those present and voting
shall prevail, and shall be sufficient to grant or deny a Certificate
of Appropriateness. Not less than a majority of the appointed membership
shall be required to grant or change an historic landmark or historic
district designation or to grant approval for demolition.
[Ord. No. 2470-16]
804.1.
Survey. 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]
804.2.
Criteria for Designation. 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:
[Ord. No. 2470-16]
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.
804.3.
Procedures for Designation. 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:
[Ord. No. 2470-16]
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:
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.
804.4.
Historic Landmarks Designated. 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.[1]
[Ord. No. 2470-16]
[1]
Editor's Note: See also DRZ Attachment 1, Schedule A, Historic
Landmarks and Historic Districts.
804.5.
Historic Districts Designated. 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:
[Ord. No. 2470-16]
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[2] 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.
[2]
Editor's Note: Said Schedules are included as attachments to this chapter.
804.6.
Underlying Zoning District Regulations.
All properties within the Historic Landmark and Historic District
Overlay Zones shall remain subject to all underlying zoning district
regulations.
[Ord. No. 2470-16]
[Ord. No. 2470-16]
805.1.
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.
[Ord. No. 2470-16]
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 805.2 below.
b.
Demolition of any building, structure,
site, object or improvement.
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.
805.2.
When Not Required.
[Ord. No. 2470-16]
a.
A Certificate of Appropriateness shall
not be required before a permit is issued by the administrative officer
for changes to the interior of a structure.
b.
A Certificate of Appropriateness shall
not be required for exterior repainting or interior painting of existing
structures. If an exterior material, finish or surface is to be painted
which was not previously painted, a Certificate of Appropriateness
will be required.
c.
A Certificate of Appropriateness shall
not be required if, in the opinion of the Minor Work Review Committee
or the Historic Preservation Consultant, the work contemplated constitutes
"ordinary maintenance and repair" as defined by this Article. In such
cases, and if a permit is required for the proposed work, the Commission
shall promptly notify the administrative officer that a Certificate
of Appropriateness is not required as a prerequisite to the issuance
of the permit.
d.
A Certificate of Appropriateness shall
not be required for structural repairs which do not alter the exterior
appearance.
e.
A Certificate of Appropriateness shall
not be required for any changes, additions or alterations not visible
from a public right-of-way other than relocation or demolition.
805.3.
Procedures.
[Ord. No. 2470-16]
a.
Except for the circumstances described
in Section 805.2, no work shall be performed on any historic landmark
or on any building, structure, site, object or improvement located
within an historic district until either a Certificate of Appropriateness
has been issued by the Commission for such work or until a determination
has been made by the Commission, the Minor Work Review Committee,
or Commission Staff that no Certificate of Appropriateness is necessary
pursuant to Section 805.2 above.
b.
Applications shall be made on forms available
in the office of the Construction Official in the Millburn Town Hall.
Completed applications shall be delivered or mailed to the administrative
officer. All such applications shall include payment of a filing fee
and an escrow fee in the amounts established, and amended from time
to time, by ordinance. There shall be no fee for conceptual reviews
under Section 805.4. The fee for an application to the Historic Preservation
Commission shall be $200. In addition to the application fee, an escrow
deposit in the amount of $750 shall be paid as authorized in Section
410.7 and shall be administered in accordance with the requirements
of Section 410.9 of this ordinance. In the event an application is
approved, the applicant may be required to pay an escrow charge in
accordance with Section 410.8 for inspection during construction.
c.
Upon receipt of an application for a Certificate
of Appropriateness, Commission staff will review and notify the applicant
in writing that the application is deemed complete and may proceed
with legal and noticing requirements. If complete, the Commission
shall schedule a hearing within a forty-five-day period for the purpose
of reviewing said complete application and shall advise the applicant(s),
in writing, of the time, date and place of said hearing. If incomplete,
the Commission shall return the application with a written description
of the requirements not met pursuant to this ordinance and the HPC
Checklist. For applications, 15 copies of the complete application
must be submitted to the administrative officer. For minor applications,
five copies of the complete application must be submitted to the administrative
officer.
d.
A complete application for a Certificate
of Appropriateness shall include the items enumerated in the HPC Checklist
(Schedule H):
805.4.
Conceptual Review and Informational
Meetings.
[Ord. No. 2470-16]
a.
Persons proposing or considering an action
that requires a Certificate of Appropriateness may present a proposal
for informal concept review and comment by the Commission and shall
first hold an informal informational meeting with the Commission staff
to review any design proposals or related issues.
b.
Persons proposing to make application to
the Commission in connection with any action that requires a Certificate
of Appropriateness are encouraged to first hold an informal informational
meeting with Commission staff to review any design proposals or related
issues before making application.
c.
The Commission staff shall hold meetings
pursuant to Section 805.4a or 805.4b within 20 days of such request.
Neither the applicant nor the Commission shall be bound by any such
review. Informal concept or informational review shall not relieve
the necessity for Commission review for a Certificate of Appropriateness
pursuant to this ordinance.
805.5.
Minor Work Application Review. 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]
805.6.
Application Review.
[Ord. No. 2470-16]
a.
The Commission shall hold a public hearing
on all applications for Certificates of Appropriateness following
the referral of a complete application to the Commission by the administrative
officer. The applicant shall have the burden of proof and obligation
to establish entitlement to a Certificate of Appropriateness by satisfaction
of the applicable standards and criteria in accordance with this ordinance,
upon the failure of which, the Commission shall be entitled to deny
the application. The Commission shall issue a Certificate of Appropriateness
within a forty-five-day period that begins when applications are deemed
complete by designated Commission staff and distributed to Commissioners
in the monthly packet. No public hearing shall be required in order
for the MWRC to render a Minor Application determination of exemption
pursuant to Section 805.2.
b.
Prior to holding a public hearing on a
complete application for a Certificate of Appropriateness, the Commission
or its staff shall, in addition to complying with the requirements
of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq., notify
the applicant in writing at least 10 days prior to the hearing setting
forth the time, date and place of the hearing. Applicant shall provide
written notice to those entitled to notice in accordance with N.J.S.A.
40:55D-12.
c.
At the hearing, the Commission shall allow
all persons the opportunity to be heard concerning the issuance of
a Certificate of Appropriateness for the proposed work.
d.
After conducting the public hearing, the
Commission shall return to the administrative officer within 30 days,
its written determination on the application, which may be stated
in resolution form. The Commission shall grant or deny a Certificate
of Appropriateness to the applicant based on the standards and criteria
set forth in Section 807 of this Article. The Commission may issue
a Certificate of Appropriateness subject to certain condition(s),
which shall be set forth in detail in the Commission's written decision.
The Commission's denial of a Certificate of Appropriateness shall
be deemed to prohibit the applicant from undertaking the work applied
for, and shall preclude the issuance of any required permit for the
said work by the administrative officer. Upon receipt of the Commission's
written determination, the administrative officer shall notify the
applicant of said determination in writing within five business days
thereof. The granting or denial of an historic preservation permit
may be appealed to the Board of Adjustment in the same manner as an
appeal is taken pursuant to N.J.S.A. 40:55D-70(a). Nothing herein
shall be deemed to limit the right of judicial review of the Board
of Adjustment action after an appeal is concluded.
e.
Failure of the Commission to render its
written determination to the administrative officer within the forty-five-day
period shall be deemed to constitute a determination in favor of the
issuance of a Certificate of Appropriateness for the proposed work
and without conditions.
f.
Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Commission. The
request for an extension of time by the applicant must be made in
writing prior to a regularly scheduled public hearing or verbally
requested during a public meeting and recorded in the minutes. In
circumstances where the Commission determines that the applicant has
failed or declined to provide the Commission with information reasonably
required by it in order to make an informed decision, the Commission
shall have the right to adjourn the proceedings until such time as
the requested information is supplied to it. If the requested information
is not received by the Commission within 60 days, it shall have the
right to dismiss the application without prejudice for lack of prosecution.
g.
When a Certificate of Appropriateness has
been issued, the administrative officer or his appointee shall, from
time to time, inspect the work approved by such certificate and shall
regularly report to the Commission the results of such inspections,
listing all work inspected and reporting any work not in accordance
with such certificate.
h.
A Certificate of Appropriateness shall
be valid for a period of two years from date of issue unless reasonable
extensions are requested by the applicant or the Commission.
i.
Appeals from determinations of the administrative
officer pursuant to the Historic Preservation Commission's decisions
may be made by the applicant to the Zoning Board of Adjustment, according
to N.J.S.A. 40:55D-70a.
j.
The performance of unauthorized activities
and/or the performance of any work not in accordance with a previously
issued Certificate of Appropriateness, shall be deemed to be a violation
of this Article and may subject the responsible parties to sanctions
imposed hereunder. The Construction Code Official or Municipal Prosecutor,
as applicable, shall prosecute any such violation in the Municipal
Court and the Commission shall also have the right to file an action
in the Superior Court of New Jersey for appropriate legal and/or equitable
relief, subject to the prior approval of the Township Committee.
805.7.
Emergency Repair Procedures.
[Ord. No. 2470-16]
a.
When an historic landmark or a historic
district resource requires immediate repair to preserve its continued
habitability and/or the health and safety of its occupants or others,
emergency repairs may be performed in accordance with applicable construction
codes immediately upon approval of the Construction Official, who
shall certify that a bona fide emergency of the type referenced herein
exists, without first obtaining a Certificate of Appropriateness from
the Commission. Under such circumstances, the repairs performed shall
be only such as are necessary to preserve the continued habitability
of the building or structure and/or the health and safety of its occupants
or others. Where feasible, temporary measures to prevent further damage
shall be employed, provided these measures are reversible without
causing damage to the building or structure.
b.
Simultaneously with the commencement of
the emergency work, the property owner shall make a request for a
Certificate of Appropriateness from the Commission memorializing the
approval for said emergency work. This request shall be made through
the administrative officer pursuant to the procedures set forth in
Section 805.6 above.
c.
It should be noted that the procedures
outlined in this section should be strictly limited to those circumstances
which, in the opinion of the Construction Code Official, rise to the
level of a bona fide emergency of the type referenced above. No work
in addition to the emergency repairs shall be performed until an appropriate
request for approval has been granted by the administrative officer
and Historic Preservation Commission pursuant to the procedures set
forth in Section 805.6 above.
805.8.
Obtaining certificates of appropriateness
for government actions.
[Ord. No. 2470-16]
a.
The Township of Millburn, when it plans
to undertake any work on any municipally owned historic landmark or
on any municipally owned property in an historic district, shall submit
such plans to the Historic Preservation Commission and shall receive
an advisory report with recommendations on the appropriateness of
those plans before undertaking the work.
b.
In those circumstances where the Township
cannot require compliance, as in certain cases involving the County,
State and Federal governments, the Township strongly urges the voluntary
cooperation of such agencies in seeking a Certificate of Appropriateness
and hereby authorizes the Commission to consider such requests and
applications. This does not relieve the property owner from complying
with applicable State and Federal regulations regarding historic preservation.
[Ord. No. 2470-16]
a.
Pursuant to N.J.S.A. 40:55D-110, the Planning
Board and Zoning Board of Adjustment of the Township of Millburn shall
refer to the Historic Preservation Commission every application for
development submitted to either Board for development involving historic
landmarks or properties located within historic districts identified
in the Township's historic preservation element of the Master Plan.
This referral shall be made when the application for development is
deemed complete or is scheduled for a hearing, whichever occurs sooner.
Failure to refer an application as required shall not invalidate any
hearing or proceeding. The Historic Preservation Commission may provide
its advice on said application, through oral testimony at the hearing,
and/or through written report(s) that the Commission may have provided
to the Board concerning the proposed application.
b.
On all matters referred to the Historic
Preservation Commission which require approval by the Township's Planning
Board or Zoning Board of Adjustment, the decision of the Commission
shall be advisory only. In reviewing applications for development,
the Commission may comment and make recommendations on any of the
zoning and land use considerations which are relevant to the application.
The Planning Board or Zoning Board of Adjustment, as applicable, shall
consider the testimony and/or written report(s) presented and may
disapprove or change any of the recommendations made by the Commission
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
c.
Yard Variances. Due to the fact that structures
in historic districts may have been built close to the lot lines,
it is in the public interest to retain a neighborhood's historic appearance
by approving variances to normal yard requirements. Where it is deemed
that such variance will not adversely affect neighboring properties,
the appropriate Board may grant such variance to standard requirements
if so recommended by the Historic Preservation Commission.
d.
An approval by the Planning Board or Zoning
Board of Adjustment, as the case may be, does not relieve the applicant
of the requirement of obtaining a Certificate of Appropriateness from
the Commission (see Section 805) for those historic aspects of the
work not addressed as part of the application for development.
[Ord. No. 2470-16]
a.
The purpose of this section is to provide
uniform standards and criteria for the regulation of historic landmarks
and historic districts for use by the Historic Preservation Commission.
All projects requiring a Certificate of Appropriateness and all applications
for development on historic landmarks or in historic districts shall,
in interpreting and applying the standards and criteria set forth
herein, be guided by the principles contained in the most current
versions of the Secretary of the Interior's Standards for Rehabilitation
(as contained within the Secretary of the Interior's Standards for
the Treatment of Historic Properties), by the Secretary of the Interior's
Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing
Historic Buildings, and by the Millburn Township Design Guidelines
for Historic Districts and Sites, incorporated herein by reference,
as the same may be applicable and appropriate, and as amended and
revised from time to time. In utilizing the Secretary of Interior's
Standards, the Commission shall be guided by the provisions thereof
including, but not limited to, the following:
1.
A property shall be used for its historic
purpose or be placed in a new use that requires minimal change to
the defining characteristics of the building and its site and environment.
2.
The historic character of a property shall
be retained and preserved. The removal of historic materials or alteration
of features and spaces that characterize a property shall be avoided.
3.
Each property shall be recognized as a
physical record of its time, place and use. Changes that create a
false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not
be undertaken.
4.
Most properties change over time; those
changes that have acquired historic significance in their own right
shall be retained and preserved.
5.
Distinctive features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
shall be preserved.
6.
Deteriorated historic features shall be
repaired rather than replaced. Where the severity of deterioration
requires replacement of a distinctive feature, the new feature shall
match the old in design, color, texture and other visual qualities
and, where possible, materials. Replacement of missing features shall
be substantiated by documentary, physical, or pictorial evidence.
7.
Chemical or physical treatments, such as
sandblasting, that cause damage to historic materials shall not be
used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8.
Significant archeological resources affected
by a project shall be protected and preserved. If such resources must
be disturbed, mitigation measures shall be undertaken.
9.
New additions, exterior alterations, or
related new construction shall not destroy historic materials that
characterize the property. The new work shall be differentiated from
the old and shall be compatible with the massing, size, scale and
architectural features to protect the historic integrity of the property
and its environment.
10.
New additions and adjacent or related
new construction shall be undertaken in such a manner that if removed
in the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
These standards are adopted as the
Commission's design criteria and guidelines pursuant to N.J.S.A. 40:55D-65.1.
b.
In reviewing applications for Certificates
of Appropriateness, the Historic Preservation Commission shall consider
the siting, arrangement, exterior design, design quality, bulk, arrangement,
density, texture, details, style, scale, setbacks, stepbacks, shape,
height, massing, lot coverage, rhythm, directional emphasis, proportions,
building elements, materials, finishes and relationships to the streetscape
and/or landscape views of the proposed work and the relationship of
those characteristics to the historical significance of the historic
landmark or historic district.
c.
In reviewing applications for Certificates of Appropriateness and notwithstanding any other provisions of this ordinance, the Historic Preservation Commission shall not consider 1) use, zoning requirements for setbacks, density, height limitations or lot coverage as these matters fall within the purview of the Planning Board and Zoning Board of Adjustment, and 2) the removal of trees as these matters fall within the purview of the Township Forester in accordance with the standards and requirements of Chapter 11 of the Millburn Township Code entitled "Tree Preservation". Nothing herein shall prevent the Commission from making a recommendation to the Township Forester with respect to tree removal by the incorporation of any such recommendation in a Resolution adopted pursuant to an application determined by it.
d.
In recognition of the lesser importance
of applications for a Certificate of Appropriateness related to non-contributing
structures/sites, only the criteria set forth in Section 807d4 shall
be applied by the Commission.
Criteria for Review. In its review
of historic landmarks or properties located with historic districts,
the Commission shall give consideration to certain criteria, including
but not limited to the following:
1.
The historical value of the landscape or
streetscape.
2.
The historical value of a building, structure,
site, object, improvement or district and its relationship to property
of the surrounding area.
3.
The general compatibility of the proposed
use to the historical value of the surrounding historic district.
In regard to an application for new construction, alterations, additions
or replacements affecting a historic site or an improvement within
a historic district, and in addition to the criteria set forth in
Section 807b, the following factors shall be considered in relation
to its setting and context, including:
(a)
Height.
(b)
Massing.
(c)
Proportion of the width and height
of the building's facades.
(d)
Proportion of openings within the
building.
(e)
Rhythm of spacing of buildings on
streets.
(f)
Rhythm of solids to voids on facades
fronting on public places.
(g)
Relationship of materials and texture.
(h)
Construction in a range of design
and style options which are consistent with neighboring buildings
in the historic district.
4.
The general compatibility of the exterior
design, arrangement, texture and materials proposed to be used with
the historical value of the surrounding area. In carrying out its
design review under these guidelines, the following criteria shall
be utilized:
[Ord. No. 2470-16]
808.1.
Criteria. In regard to an application
to demolish or relocate an historic landmark or an historic district
resource, the following matters shall be considered:
[Ord. No. 2470-16]
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.
808.2.
Procedure.
[Ord. No. 2470-16]
a.
Where Demolition Disapproved. In the event
that the Historic Preservation Commission disapproves an application
for a Certificate of Appropriateness to demolish an historic landmark
or a building, structure, site, object or improvement located in an
historic district, the owner shall, nevertheless, as a matter of right,
be entitled to raze or demolish same provided that all of the following
requirements have been fully met:
1.
Appeal to Zoning Board of Adjustment.
The owner has applied for the necessary Certificate of Appropriateness
and has received notice of the Commission's denial of same from the
administrative officer and has appealed to the Zoning Board of Adjustment,
which has affirmed such denial.
2.
Sale for Fair Market Value. Following
affirmance of the Commission's determination by the Board of Adjustment,
an owner who desires to further pursue demolition approval has for
a period of at least 180 days (the "offer period"), and at a price
reasonably related to its fair market value, made a bona fide offer
to sell such building, structure, site, object or improvement and
the land pertaining thereto to any person, entity, organization, government
or political subdivision thereof which gives reasonable assurance
that it is willing to preserve the building, structure, site, object
or improvement and the land pertaining thereto.
3.
Demolition Notice Posted and Publication.
(a)
Notice of any proposed demolition
shall be posted on the exterior premises of the building, structure,
site, object or improvement throughout the Notice Period in a location
such that it is clearly readable. In addition, the applicant shall
cause to be published in the official newspaper of the Township a
notice setting forth the following:
(1)
The applicant's intent
to demolish, including a description of the subject property (by block
and lot as well as by physical location) and a description of the
building, structure, site, object or improvement to be demolished;
and
(2)
The applicant's proposed
use of the property following demolition; and
(3)
The anticipated time
frame(s) associated with the demolition; and
(4)
A statement indicating
that the applicant shall consider any and all bona fide offers to
sell the property to any person who wishes to preserve the building,
structure, site, object or improvement; and
(5)
The applicant's name
and address, along with a telephone number where the applicant may
be reached during normal business hours by any interested person who
wishes to discuss the proposed demolition and/or to make an offer
to purchase the property as set forth above.
(b)
The notice shall be published as
follows:
(c)
At the conclusion of the Notice Period,
if the applicant still wishes to demolish the subject building structure,
site, object or improvement, it shall, prior to performing the demolition,
perform the following:
(1)
Advise the Commission
in writing of its intention to proceed with the demolition; and
(2)
Certify in writing to
its compliance with the provisions of the 180-day offer period; and
(3)
Provide the Commission
with a copy of the notice that appeared in the official newspaper
of the Township and a listing of all dates on which the said notice
appeared in the newspaper; and
(4)
Advise the Commission
in writing as to whether any interested persons submitted an offer
or offers to purchase the property, whether during the 180-day "offer
period" or following the newspaper noticing referenced above, and
set forth the terms and conditions relating to said offer(s) and the
results of any negotiations pertaining thereto; and
(5)
File copies of the affidavits
of publication relating to the newspaper noticing with the Commission.
4.
Notice Period. The period of time
during which notice must be given in the manner hereinbefore set forth
shall be known as the "Notice Period" which shall commence on the
tenth day following the date of the notice of denial of the appeal
from the Zoning Board of Adjustment and such Notice Period shall run
for a period of time of 180 days.
b.
Assignment. No assignment of the rights
granted by a Certificate of Appropriateness to demolish shall be permitted.
c.
Expiration of Approval.
1.
In cases where demolition is permitted,
the Certificate of Appropriateness shall be valid for one year from
the date of Historic Preservation Commission approval of the application.
The one-year period shall not be extended.
2.
At the time of issuance of the Certificate
of Appropriateness to demolish, the administrative officer shall designate
the period of time (within the one year approval period) within which
demolition must be completed.
d.
Approval after Change of Circumstances.
The Commission may at any time during such Notice Period, if a significant
change in circumstances occurs, approve a Certificate of Appropriateness
to demolish, in which event, a permit from the administrative officer
shall be issued within 10 days thereafter.
[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.
809.1.
Violations.
[Ord. No. 2470-16]
a.
If any person shall undertake any construction
activity on an historic landmark or property located within an historic
district without first having obtained a Certificate of Appropriateness
as provided in this Article, or where such construction activity is
not in compliance with a Certificate of Appropriateness previously
issued, such person shall be deemed to be in violation of this Article.
Notwithstanding the foregoing, it shall not be a violation of this
ordinance in circumstances where the Construction Official has issued
a construction permit, but has not advised the recipient of the construction
permit to have first made application to the Commission.
b.
After learning of the violation, the administrative
officer shall personally serve a notice describing the violation in
detail upon the owner of the lot whereon the violation is occurring.
c.
If the owner cannot be personally served
within the municipality with said notice, a copy thereof shall be
posted on the site in question and a copy shall be sent by certified
mail, return receipt requested, to the owner at his or her last known
address as it appears on the municipal tax rolls.
d.
Within 10 days of receipt of the notice
of violation, the violator shall be required to file an application
for a Certificate of Appropriateness in the same manner as prescribed
pursuant to section 806 of this Article, and the notice shall advise
the violator of such.
e.
Upon receipt of the violator's application,
the Commission shall conduct a review of the said application and
hold a public hearing in the same manner as prescribed for regular
applications pursuant to Section 805 of this Article.
f.
Upon the violator's filing of an application
for a Certificate of Appropriateness, the imposition of all enforcement
action on behalf of the Township shall be stayed until such time as:
1.
The Commission has rendered a decision
on the violator's application and the administrative officer has served
notice thereof upon the applicant; and
2.
The violation is still deemed to
be in existence; and
3.
No further appeal of the decision
of the Commission and administrative officer relating to the said
application is pending before the Zoning Board of Adjustment or any
court; and
4.
All appeal periods relating to the
said application have expired.
g.
If the Commission grants a Certificate
of Appropriateness to the violator for the unauthorized work, then
the violator shall no longer be deemed to be in violation of this
Article. If the Commission grants a Certificate of Appropriateness
to the violator subject to certain conditions, then the violator shall
be deemed to have cured the violation only upon its timely satisfaction
of the said conditions in accordance with the requirements of the
Commission. If the Commission denies a Certificate of Appropriateness
to the violator for the unauthorized work, then the violation shall
still exist and the violator shall be subject to appropriate enforcement
action as prescribed by this Article.
h.
In the event that the violator fails to
file a timely application for a Certificate of Appropriateness after
having been served with a notice of violation as set forth above,
or in the event that there is no longer any stay of enforcement activity
in effect as set forth above and the violation is still deemed to
be in existence, then the administrative officer shall cause to be
issued a summons and complaint, returnable in the Millburn Municipal
Court, charging violation of this Article. Each separate day that
the violation exists shall be deemed to be a new and separate violation
of this Article.
i.
If a violation involves ongoing unauthorized
construction or demolition work, the administrative officer shall
immediately issue a stop construction order in accordance with the
Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.
809.2.
Penalties. Any person who commits
a violation of this Article shall, in the discretion of the Municipal
Court Judge, be subject to penalties as follows:
[Ord. No. 2470-16]
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.
809.3.
Injunctive relief. 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:
[Ord. No. 2470-16]
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.
[Ord. No. 2470-16]
a.
Priority. Recognizing the need for preventive
maintenance to ensure the continued useful life of historic buildings,
structures, objects and sites, the Township Committee hereby declares
that code enforcement for such designated properties is a high municipal
priority.
b.
Notice of Violation. In the event that
any historic landmark or any building, structure, object or site located
within a historic district deteriorates to the point that, in the
best estimate of the administrative officer, the cost of correcting
the outstanding code violations equals more than 25% of the cost of
replacing the entire building, structure, object or site on which
the violation occurs, the administrative officer shall serve personally
or by certified mail, return receipt requested, a notice on the owner
of the property listing the violations, the estimate for their abatement
and the replacement cost of the improvements and stating that, if
the owner does not take all necessary remedial action within 60 days
or such extensions as the administrative officer shall grant for good
cause, the Township of Millburn's designated official may, at the
expiration of said 60 days, enter upon the property and abate such
violations and cause the cost thereof to become a lien on the property.
c.
Hearing. Upon receipt of such notice, the
owner may, within 20 days after such receipt, notify the administrative
officer of his or her intentions to have a hearing as to the allegations
and estimates set forth in the notice. Such hearing shall be conducted
by the Commission and shall, so far as possible, be a formal adversary
proceeding in which the administrative officer shall establish the
matters alleged in the notice by a preponderance of the evidence.
If a hearing is requested, the administrative officer will, within
10 days following the hearing, serve on the owner an opinion, in writing,
setting forth his or her conclusions and the reasons therefor.
d.
Action Without a Hearing. If the owner
does not request a hearing, the findings of the administrative officer
set forth in the notice issued in Section 809.3 shall be binding,
and the administrative officer may take such necessary action as granted
by the provisions of this Article.
e.
Right of Abatement. If the owner does not
comply with the findings of the administrative officer, the administrative
officer 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.
f.
Costs. The administrative officer shall
then certify to the Township Committee the cost of such work performed,
plus all administrative, clerical, architectural, engineering and
legal costs and overhead attributable thereto, and shall present the
same to the Township Committee.
g.
Lien. The Township Committee may by resolution
vote to cause the sum so certified to become a lien upon the property,
payable with the next quarter's property taxes and, if not then paid,
bearing interest at the same rate as delinquent taxes, and/or become
subject to tax foreclosure in accordance with the State Statutes governing
the same.
