[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]
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.