[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.
