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Township of Hope, NJ
Warren County
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Table of Contents
Table of Contents
[Ord. #06-10, § 1]
The intention of this Chapter is to effect and accomplish the protection, enhancement, and perpetuation of historic buildings, structures, sites, objects, improvements, and districts within the Township of Hope and to provide guidance to property owners in achieving preservation of historic resources and to advance the following public purposes:
a. 
To safeguard the historic, cultural, social, economic, architectural and aesthetic resources of the Township of Hope for the general welfare of the public;
b. 
To identify, designate and regulate historic districts and historic sites and landmarks and to preserve their historic, cultural, social, economic, architectural or aesthetic significance;
c. 
To maintain the unspoiled character and preserve the rural nature of the Township of Hope for the benefit of residents, visitors, and posterity;
d. 
To encourage the continued use of historic districts, sites and landmarks and facilitate their appropriate use or reuse;
e. 
To foster civic pride in the beauty and accomplishment of the Township of Hope;
f. 
To strengthen the Township's economic base by stimulating interest and travel in and into the Historic District;
g. 
To encourage appropriate alterations of historic landmarks and discourage the unnecessary demolition of historic resources;
h. 
To promote the conservation of historic sites and districts and enforce compliance.
[Ord. #06-10, § 2]
As used in this Chapter, the following terms shall have the meanings indicated:
a. 
ADDITION – Shall mean an extension or increase in the size, floor area, or height of any building, structure, site object or such improvement.
b. 
ALTERATION – Shall mean any change in the exterior features of any building, structure, site, landscape, object or improvement.
c. 
APPLICANT – Shall mean the owner of a property within the Hope Moravian Historic District(s) who is seeking the Commission's approval.
d. 
APPLICATION – Shall mean a request to the Commission made pursuant to this Chapter for the purposes of obtaining an approval or other action by the Commission hereunder specified.
e. 
APPLICATION FOR DEVELOPMENT – Shall mean an application to the Planning Board or Zoning Board of Adjustment of the Township of Hope for approval of a major or minor subdivision plot 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.
f. 
BUILDING – Shall mean 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.
g. 
COMMISSION – Shall mean the Hope Historic Preservation Commission as established in accordance with the provisions of N.J.S.A. 40:55D-107 et seq.
h. 
CONSTRUCTION OFFICIAL – Shall mean the Officer in charge of the granting of building or construction permits in the Township.
i. 
DEMOLITION – Shall mean the act or process of wrecking or destroying as per the American Heritage Dictionary, Second College Edition, 1982.
j. 
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT – Shall mean an individual building, structure, site, object improvement or district which has been determined to have historical significance pursuant to the provisions of this Chapter.
k. 
HISTORIC – Shall mean having historical, cultural, architectural, archaeological, economic, social or other significance as defined by the provisions of this Chapter.
l. 
HISTORIC DISTRICT – Shall mean the geographically defined area known as the HMH Zone or such other zones as may be designated and as depicted on the Zoning Map of the Township.
m. 
HISTORIC DISTRICT RESOURCES – Shall mean those resources classified as either key, contributing, or noncontributing, which are defined as follows:
1. 
KEY – Shall mean any buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for Historic Landmark status; and
2. 
CONTRIBUTING – Shall mean any buildings, structures, sites, objects or improvements which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period or method, for which the district is significant; and
3. 
NONCONTRIBUTING – Shall mean any buildings, structures, sites, objects or improvements which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.
n. 
HISTORIC LANDMARK – Shall mean any buildings, structures, sites, objects or improvements which possess integrity of location, design, setting, materials, workmanship, and association and which have been determined, pursuant to the terms of this Chapter to be:
1. 
Of particular historic significance to the Township of Hope by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, State or community; or
2. 
Associate with the historic personages important in national, State or local history; or
3. 
The site of an historic event which had a significant effect on the development of the nation, State or community; or
4. 
An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering; or
5. 
Representative of the work or works of a locally, regionally, or nationally important or recognized builder, designer, artist or architect; or
6. 
Significant, for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
7. 
Able or likely to yield information important in prehistory or history.
o. 
HISTORIC SITE – Shall mean any property, building or structure which has been determined to have historical significance pursuant to the provisions of this Chapter and as more specifically defined in paragraph n, Historic landmark above.
p. 
IMPROVEMENT – Shall mean a building or other structure, or any work constituting a man-made alteration of, or addition to, any building, structure, site or object.
q. 
INTEGRITY – Shall mean the authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic period.
r. 
INTERESTED PARTY – Shall mean any person whose right to use, acquire or enjoy property is affected by any action taken under this Chapter, or whose rights to use, acquire or enjoy property under this Chapter or under any other law of this State or of the United States have been denied, violated, or infringed by an action or failure to act under this Chapter.
s. 
LANDSCAPE – Shall mean the visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, trees, plantings and vistas.
t. 
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. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
u. 
ORDINARY MAINTENANCE – Shall mean 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 (exclusive of exterior painting).
v. 
REMOVAL – Shall mean to partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
w. 
REPAIR – Shall mean any work done on any building or structure which is not an addition to or improvement of the building or structure and does not change the exterior architectural appearance, style or color.
x. 
REPLACEMENT – Shall mean the act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.
y. 
SITE – Shall mean the place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object if the location itself possesses historic cultural or archeological significance.
z. 
STRUCTURE – Shall mean any man-made work arranged in a definite pattern of organization.
aa. 
UNDEVELOPED – Shall mean any area of land which is primarily rural in nature and is not occupied by frequent buildings, structures or objects.
[Ord. #06-10, § 3]
There is hereby established in the Township of Hope an "Historic Preservation Commission" in accordance with the provisions of N.J.S.A. 40:55D-107, et seq.
[Ord. #06-10, § 3]
The Hope Historic Preservation Commission shall have the following duties and responsibilities:
a. 
To identify, record and maintain a system for survey and inventory of all buildings, structures, sites, objects, improvements and districts of historical significance within the Township.
b. 
To recommend to the Planning Board and Zoning Board of Adjustment on the historic preservation plan element of the Master Plan and on the implications for preservation of the Hope Moravian Historic District. The Commission may provide its advice to the Planning Board and Zoning Board of Adjustment regarding the location and significance of historic sites and districts and identify the standards used to assess worthiness for historic site or district identification.
c. 
To advise the Planning Board and Zoning Board of Adjustment on the inclusion of sites and landmarks other than those in the Hope Historic District.
d. 
To advise the Planning Board and Zoning Board of Adjustment on Applications for Development pursuant to N.J.S.A. 40:55D-110.
e. 
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation to proposed construction.
f. 
To issue a certificate of appropriateness as set forth in this Chapter.
g. 
To carry out other such advisory, educational and informational functions as will promote historic preservation in the Township of Hope.
h. 
The Hope Historic Preservation Commission shall not enforce the regulations or standards of development in conjunction with the Hope Historic District. If the Hope Historic Preservation Commission becomes aware of a violation within an historic site or historic district, it shall notify the Township or a municipal officer in writing.
Individual members should contact the other members of the Commission and the zoning officer. Copies should be kept of all complaints.
[Ord. #06-10, § 3]
The Hope Historic Preservation Commission shall consist of seven regular members and may have two alternate members, who shall be designated as Alternate Number One and Alternate Number Two, all of whom shall be appointed by the Mayor with the consent of the governing body, five of whom shall reside in the Township. Two of the members need not reside in the Township, but may be expert or parties of interest.
[Ord. #06-10, § 3]
Terms of the members first appointed shall be so determined that to the greatest practicable extent, the expiration of the term shall be distributed, in the case of regular members, evenly over the first four years after their appointment; and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and the initial term of no alternate member shall exceed two years. The term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term or the membership on the Board of Adjustment. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
[Ord. #06-10, § 3]
The Hope Historic Preservation Commission shall elect a chairman and vice-chairman from its members and select a secretary who may or may not be a member of the Historic Preservation Commission or a municipal employee.
[Ord. #06-10, § 3]
Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate Number One shall vote.
[Ord. #06-10, § 3]
A member of the Historic Preservation Commission may after public hearing if he or she requests it, be removed by the governing body for cause.
[Ord. #06-10, § 3]
Within the amount of appropriation made available to the Commission in the Municipal Budget, the Hope Historic Preservation Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the governing body, except in cases where expert knowledge in the area of historic preservation is required.
[Ord. #06-10, § 3; Ord. #07-06]
The Commission shall meet once per month. Special meetings may be scheduled by the Commission as needed.
[Ord. #06-10, § 4]
a. 
Pursuant to N.J.S.A. 40:55D-110, the Planning Board and Zoning Board of Adjustment of the Township of Hope shall refer to the Hope Historic Preservation Commission an informational copy of every application submitted to either Board for development in the Hope Historic District or on any historic site designated on the Zoning Map, Official Map or in any component element of the Master Plan. The Historic Preservation Commission may provide its advice which shall be conveyed through its designation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted to the Planning Board or Zoning Board of Adjustment.
[Ord. #06-10, § 5]
A certificate of appropriateness issued by the Hope Historic Preservation Commission shall be required before exterior replacement, improvement, or addition is commenced on any building or structure within the Hope Historic District, whether or not a municipal permit is required for such work. A certificate of appropriateness is needed before commencing any of the following activities:
a. 
Demolition of any building, improvement, site, place landscape or structure.
b. 
Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described in subsection 22-5.3 below.
c. 
Relocation of a principal or accessory building or structure.
d. 
Any new construction of a principal or accessory building or structure.
e. 
Any addition to a principal or accessory building or structure.
f. 
Exterior painting when making any change to shade or color.
g. 
Nothing contained herein shall be deemed to in any way eliminate the need for compliance with other municipal ordinances and/or the obtaining of appropriate permits.
[Ord. #06-10, § 5]
The applicant for a certificate of appropriateness bears the burden of establishing that he or she will not create, amend, or destroy any building or structure which will conflict with the guidelines and regulations herein established.
[Ord. #06-10, § 5]
a. 
A certificate of appropriateness shall not be required before a permit is issued by the Construction Code Official for changes to the interior of a structure.
b. 
A certificate of appropriateness shall not be required if, in the opinion of the Commission, the work contemplated constitutes "ordinary maintenance and repair" as defined by this Chapter. In such cases, if a permit is required for the proposed work, the Commission shall promptly notify the Construction Official that a certificate of appropriateness is not required as a prerequisite to the issuance of the permit.
[Ord. #06-10, § 5]
a. 
No work shall be performed on any historic landmark or on any building structure, site, object or improvement located within the HMH District and no new buildings, structures, objects or improvements shall be constructed on any undeveloped land within the district until either a certificate of appropriateness has been issued by the Hope Historic Preservation Commission for such work or until a determination has been made by the Commission that no certificate of appropriateness is necessary for such work.
b. 
All applicants for a certificate of appropriateness or for a determination of non-necessity pursuant to subsection 22-5.3b above, shall complete an application form. Application forms shall be made available in the office of the Construction Official and the office of the Municipal Clerk. A copy of each application shall be delivered to the Construction and Zoning Officials by the Commission's Secretary.
c. 
Each application for a certificate of appropriateness or for a determination of non-necessity must be accompanied by sketches, drawings, photographs, descriptions, or other information adequate to show the proposed alterations, additions, changes or new construction. Applications for demolition shall include current and archival photographs of the interior and exterior of the building to document the condition of the building. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision. All applications are to be submitted at least 10 business days prior to the next regularly scheduled meeting.
d. 
The Commission shall render a decision on each completed application and submit its report within 45 days of referral of same. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
[Ord. #06-10, § 5]
Persons considering action that requires a certificate of appropriateness, as set forth in this section, are encouraged to request an informal "informational meeting" with the Commission and/or its chairman prior to submitting a formal application for a certificate of appropriateness or for a determination of non-necessity pursuant to subsection 22-5.3b. Requests for such informational meetings can be made to the Commission secretary. The Commission and/or its chairman shall hold such informational meetings within 45 days of receipt of such request. The purpose of an informational meeting is to review the design issues and standards of appropriateness and the procedures for obtaining a certificate of appropriateness or a determination of non-necessity.
[Ord. #06-10, § 5]
a. 
All complete applications for certificate of appropriateness shall be acted upon at a regular meeting of the Commission.
b. 
An applicant shall be required to appear or be represented at the meeting to consider the application for a certificate of appropriateness. At said meeting, the Commission shall allow all persons the opportunity to be heard concerning the issuance of a certificate of appropriateness for the proposed work.
c. 
The Hope Historic Preservation Commission shall issue a certificate of appropriateness to the applicant if it finds the permit application appropriate to the historic district and in conformity with its design guidelines.
d. 
The Commission's denial of a certificate of appropriateness shall be deemed to preclude the issuance of any required permit for the said work by the Construction Official.
e. 
Failure of the Commission to render its determination to the Construction Official within the 45 day period referenced above 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. 
Appeals from determination of the Construction Official pursuant to the Hope Historic Preservation Commission's decision may be made to the Township Committee according to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Township Committee. The appellant shall pay all costs for copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this paragraph, the Township Committee determines there is an error in any order, requirement, decision, or refusal made by the Construction/Zoning Official pursuant to a determination rendered by the Historic Preservation Commission, the Township Committee shall, in writing, include the reasons for its determination in the findings of its decision thereon.
g. 
The owner shall post the certificate of appropriateness on a conspicuous spot on the site visible to the public during the process of work.
h. 
When a certificate of appropriateness has been issued, the Construction Official 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.
i. 
A certificate of appropriateness shall be valid for a period of two years from the date of issue unless reasonable extensions are requested by the applicant or the Commission and are then granted. One extension can be granted for a period of not more than two years.
[Ord. #06-10, § 6]
a. 
The purpose of this section is to provide uniform standards, design guidelines and criteria for the regulation of historic landmarks and historic districts for use by the Historic Preservation Commission. All applications for development in the Hope Moravian Historic District or on historic sites shall be guided by the principles 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) and by the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring & Reconstruction of Historic Buildings.
b. 
In reviewing an application for a certificate of appropriateness, the Hope Historic Commission shall use certain criteria, including, but not limited to the following:
1. 
The unspoiled character of the land and its relationship to the rural nature of the Township of Hope;
2. 
The historical and architectural value and significance of the structure and its relationship to the historic value of the surrounding area;
3. 
The general compatibility of exterior design, arrangement, color, texture, and materials proposed to be used with the historic and aesthetic value of the surrounding area;
4. 
Any other factors of total visual impact, including the siting, scale, shape, finish, color and relationship to streetscape and/or landscape;
5. 
New construction must be compatible with existing structures, districts and surrounding areas; and
6. 
In-kind or compatible exterior colors must be used.
c. 
In reviewing applications for a certificate of appropriateness, the Hope Historic Preservation Commission shall not consider use, zoning requirements for setbacks, height limitations or lot coverage in finding appropriateness, as these fall within the purview of the Planning Board and Zoning Board of Adjustment.
d. 
In considering development applications referred to it by the Planning Board or Zoning Board of Adjustment, the Commission may consider use, zoning requirements for setbacks, density, height limitations and lot coverage in rendering its advice to the appropriate Board.
e. 
Any guidelines as are adopted by the Hope Historic Preservation Commission pursuant to resolution of the Historic Preservation Commission are hereby adopted and made part of this chapter. The guidelines consist of window guidelines, door guidelines, exterior sheathing guidelines, fence guidelines, streetscape guidelines and design guidelines for buildings in the Hope Historic District. A copy of the guidelines shall be available in the Municipal Building. The guidelines may be amended by the Historic Preservation Commission but shall not take effect until approved by the ordinance of the Township Committee.
[Ord. #06-10, § 7]
a. 
In regard to an application to demolish or move an historic building, site, place or structure, the following matters shall be considered:
a. 
Its historic, architectural, cultural and aesthetic significance.
b. 
Its current and potential uses for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
c. 
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the integrity of the historic property or district and the public interest.
d. 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
e. 
The extent to which its retention would increase property values, promote business, create new positions, attract tourists, students, writers, historians, artists and artisans, attract new residents, encourage study and interest in American history, stimulate interest and study in architecture and design, education of citizens in American culture and heritage or make the municipality a more attractive and desirable place in which to live.
f. 
The impact of its removal on the historic district.
g. 
The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to comply with the requirements of the applicable building codes.
[Ord. #06-10, § 7]
a. 
In the event that the Historic Preservation Commission disapproves an application to demolish or move an historic building, place or structure, the applicant may nevertheless appeal such a decision, as follows:
1. 
Reconsideration by the Commission. If the Commission, in its disapproval, makes recommendations to the applicant with respect to alternatives to the applicant's plan to demolish or move an historic building, place or structure, the applicant may again be heard before the Commission, in a public hearing, if within 60 days of the date of receipt of the notice of disapproval of the application, the applicant amends the application to conform with the recommendations made by the Commission. The applicant shall be heard by the commission within 45 days after receipt by the Commission of the amended application, and the Commission, within 30 days following such reconsideration hearing, shall approve or disapprove of the amended application. Within 15 days following such approval or disapproval, the Commission shall notify the applicant of its decision. Copies of the Commission's decision also shall be given to the Construction and Zoning Officials.
At the reconsideration hearing, the Commission shall take testimony presented by the applicant and any other interested parties, including such experts as either the applicant or the Commission may engage, concerning the effects of the proposed regulated activity.
In the event the Commission approves the regulated activity, the applicant may proceed with the proposed regulated activity in accordance with the Commission's approval.
2. 
Appeal to the Township Committee. In the event the Commission denies the application to demolish or move, the applicant may file an appeal to the Township Committee by doing so, in writing, within 15 days of receipt of the Commission's denial.
b. 
Assignment. No assignment of rights granted by an approval by the Commission for the applicant to demolish or move an historic building, place or structure shall be permitted without the approval of the Commission.
c. 
Expiration of Approval. In cases where demolition or moving of an historic building, place or structure is permitted, such approval by the Commission shall be valid for two years from the date the Commission approves the application. The two year period may be extended for good cause.
[Ord. #06-10, § 8]
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. If it should, the Officer shall inform both the Construction Official and the applicant, as well as the Historic Preservation Commission.
[Ord. #06-10, § 9]
a. 
If any person shall undertake any activity with respect to an historic site or improvement within the Hope Historic District or other historic sites without first having obtained and posted a certificate of appropriateness, such person shall be deemed to be in violation of this Chapter.
b. 
The Hope Historic Preservation Commission shall not enforce the regulations as set forth in this Chapter. Upon awareness of a violation of this Chapter, the Commission shall notify the appropriate municipal officer in writing.
c. 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring, a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking a review of the extent and proposed work by the Hope Historic Preservation Commission.
d. 
If the owner cannot be personally served within the municipality of said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
[Ord. #06-10, § 9]
a. 
Any person who commits a violation of this Chapter shall, in the discretion of the Municipal Court Judge, be subject to a fine not to exceed $1,000 per violation or imprisonment for a period not to exceed 90 days, or both, and/or be required to correct, abate, and/or restore the premises or property to its previous condition.
[Ord. #06-10, § 9]
In the event that any person becomes aware that any type of activity is about to occur which would permanently and adversely change an historic site or historic district, such as demolition or removal, without the issuance of a certificate of appropriateness by the Commission, that person shall immediately notify the Construction Official, who shall then immediately contact the Township Attorney and the Chairman of the Commission so that an application to the Superior Court of New Jersey may be made for such injunctive relief as is necessary to prevent the activity.
[Ord. #06-10, § 10]
The requirements of this Chapter shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
[Ord. #06-10, § 12]
This Chapter shall be liberally construed to affect the purposes set forth herein. In the event that this Chapter conflicts with State law, State law shall take precedence.