Pursuant to the provisions of N.J.S.A. 40:55D-107, et seq.,
the Millstone Township Historic Preservation Commission, (hereafter
"Commission") is hereby established and created.
[Ord. No. 06-11 § I; Ord. No. 12-04]
The Commission shall consist of seven regular members and two
alternate members, appointed by the Mayor. The Commission shall include
members from each of the following classes:
a.
Class A - A person knowledgeable in building design and construction
or architectural history and who may reside outside of the municipality.
b.
Class B - A person who is knowledgeable or with a demonstrated interest
in local history and who may reside outside the municipality.
c.
Class C - Regular members who are not designated Class A or B shall
be designated as Class C. Class C members shall be citizens of the
municipality who shall hold no other municipal office, position or
employment, except for membership on the Planning Board or Board of
Adjustment. Of the regular members, a total of at least three must
be of Class A and B.
d.
Alternate Members. Alternate members shall meet the qualifications
of Class C members and at the time of their appointment shall be designated
"Alternate number 1" and "Alternate number 2." Alternate members may
participate in discussions 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 member number 1 shall vote.
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No member of the Commission shall be permitted to act on any
matter in which he or she has, directly or indirectly, any personal
or financial interest.
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[Ord. No. 06-11 § I; Ord. No. 12-04]
Regular members shall serve for a period of four years.
The term of an alternate member shall be two years. If the members
of the Planning Board and/or Board of Adjustment are appointed to
membership on the Commission, their terms on the Commission shall
be concurrent with their terms on their respective Boards.
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only.
A member of the Commission may, after public hearing if the
member so requests, be removed by the governing body for cause.
The 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 Commission or a municipal employee.
a.
The Township Committee shall make provision in its budget and appropriate
funds for the expenses of the Commission.
b.
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 municipal attorney
at the rate of compensation determined by the governing body. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts,
grants or other sources of self-generated revenue, the amount appropriated
by the governing body for the Commission's use.
The Commission shall reorganize annually, each January. The
Commission may adopt such administrative rules, regulations, procedures
and forms for applications by formal Resolution, as shall provide
for the orderly conduct of its business and processing of applications
provided that such rules, regulations and procedures shall not be
inconsistent with any provision of this Ordinance. A quorum shall
consist of four members. All commission meetings shall be subject
to the Open Public Meetings Act. To the extent practical, the procedures
followed by the Commission as to public hearings, voting, etc., shall
be patterned after those of a Planning Board pursuant to the Municipal
Land Use Law. Decisions by the Commission shall be in writing by Resolution
setting forth findings of fact and conclusions of law. The Commission
may follow the procedure for memorializing decisions as are permitted
for Planning Boards.
Unless otherwise provided in this Ordinance, whenever the Commission
shall make a final decision pursuant to this Ordinance, the decision
shall be subject to appeal to the Board of Adjustment in the same
manner as decisions of an administrative official pursuant to N.J.S.A.
40:55D-70(a).
a.
To prepare and to maintain guidelines for the appropriate architectural
designs applicable to the exterior appearance of new construction
and for the renovation, alteration, enlargement or other change to
the exterior of structures that are located in any Historic District
Zone which may be created from time to time or individual properties
located elsewhere in the Township which have been designated Historic
Landmarks.
b.
To review all applications relative to § 35-14-5, Review By Historic Preservation Commission, and make recommendations on proposed designs.
c.
To review and make recommendations on proposed designs and other
design elements (e.g. exterior materials, signs, landscaping, exterior
lighting, etc.) contained in site plans for new, enlarged or altered
existing buildings designated as landmarks or located within any Historic
District.
d.
To review and make recommendations on design for all plans that call
for the construction of new buildings or the improvement or demolition
of existing buildings, in whole or in part, that are located in any
Historic District Zone or individual buildings located elsewhere in
the Township that have been designated by the Township or other agency
as a Historic Landmark.
e.
To study and prepare reports evaluating other areas or properties
in the Township which, because of their recognized architectural/historical
significance, would qualify as Historic Districts or Historic Landmarks.
f.
Prepare a survey of historic landmarks of the Township;
g.
Make recommendations to the Planning Board on the Historic Preservation
Plan Element of the Master Plan and on the implication of preservation
of Historic Landmarks of any other master plan elements;
h.
Advise the Planning Board and Township Committee on the inclusion
of Historic Landmarks in the recommended capital improvement program;
i.
Advise the Planning Board and the Board of Adjustment on applications
for development;
j.
Provide written reports on the application of the zoning ordinance
provisions concerning historic preservation, to the administrative
officer in charge of issuance of building permits;
k.
Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Township, including serving
as the Township's archivists and participating in education programs
dealing with preservation for schools, senior citizens and others.
l.
Assist other public bodies in aiding the public in understanding
historic resources; their significance and methods of preservation.
m.
Compile and monitor notices regarding use of detection type devices;
consider, determine and condition the granting of requests for provision
to dig, disturb, or remove anything from historic landmarks.
n.
Advise the Township Committee on the relative merits of proposals
involving public lands to restore, preserve and protect historical
buildings, sites and structures, including the preparation of a long-range
plan therefor; securing State, Federal and other grants and aid to
assist therein and monitoring such projects once underway;
o.
Recommend to the Planning Board and the Township Committee the establishment
and boundaries of Historic Districts where appropriate.
p.
Recommend to the Board of Adjustment the granting of use variances
where such are deemed to be within the intent and purposes of this
section.
q.
Secure the voluntary assistance of the public and (within the limits
of the budget established by the Township Committee for the Commission's
operation) to retain consultants and experts and incur expenses to
assist the Commission in its work and to provide testimony in support
of the Commission's position before other bodies, boards, commissions
or courts.
r.
Cooperate with local, County, State, or national historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this Ordinance.
s.
Recommend to the applicable County, State, and Federal agencies,
where appropriate, recognition of historic buildings, structures,
sites, objects or districts.
t.
Request the Township Committee to seek, on its own motion or otherwise,
injunctive relief for violations of this Ordinance or other actions
contrary to the intent and purpose of this Ordinance.
The responsibilities, powers and duties of the Commission shall
not conflict with or supersede the powers and duties of any other
board or agency within the Township.
For the purpose of this chapter, unless the context clearly
indicates a different meaning:
Shall mean the construction of a new improvement as a part
of an existing improvement when such new improvement changes the exterior
appearance of any landmark.
Shall mean the person designated to handle the administration
of building permit applications as referenced in this section.
Shall mean any act which alters or changes a historic landmark
or an improvement within a historic district.
Shall mean any work done on any existing improvement which:
Shall mean a structure created to shelter human activity
of any kind.
Shall mean the partial or total razing or destruction of
any building, structure, or of any improvement within a historic district
or of any historic landmark.
Shall mean a geographically definable area possessing a significant
linkage, or continuity of sites, buildings, structures, and/or objects
which when viewed collectively:
Shall mean resources within a historic district which shall
be classified either as key, contributing, or non-contributing which
are defined as:
KEYShall mean any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
CONTRIBUTINGShall mean any buildings, structures, sites or objects 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.
NON-CONTRIBUTINGShall mean any buildings, structures, sites, or objects 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.
Shall mean any buildings, structures, sites, objects, or
districts which have been so designated by any agency of government
or which are designated on the zoning or Official Map or identified
in any component element of the master plan.
Shall mean any structure or any part thereof constructed
or installed upon real property by human endeavor and intended to
be kept at the location of such construction or installation for a
period of not less than 120 continuous days.
Shall mean a thing of functional, aesthetic, cultural, historical,
or scientific value that may be, by nature or design, movable yet
related to a specific setting, environment or event.
Shall mean any work done on any improvement which:
Shall mean repairs when a building permit is required for
same.
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 both 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 archaeological significance.
Shall mean any man-made work arranged in a definite pattern
of organization.
The Planning or Board of Adjustment shall refer all development
applications; and the administrative officer shall refer all building
permit applications, including permit applications for new construction,
demolition, alterations, additions, or replacements which affect a
historic landmark or an improvement within a historic district to
the Commission. The referral of development applications by the Planning
Board or the Board of adjustment shall be made when the application
is deemed complete or is scheduled for a hearing, whichever occurs
sooner.
a.
Applications Involving Historic Landmark or Historic District Properties.
The Commission shall schedule a review at its next regular meeting
and the applicant shall be notified and given an opportunity to be
heard. The Commission shall provide written advice and recommendation
to the Planning Board or Board of Adjustment; or, in the case of the
permit application through the administrative officer shall direct
such officer to approve, deny or conditionally approve the application.
In addition, the Commission shall convey its advice through its delegation
of one of its members or staff to testify orally at the hearing on
any application and to explain any written report of the Commission.
Such determinations by the Commission shall be made within 60 days
of the referral to the Commission unless such time is extended by
consent of the applicant.
b.
On any application involving demolition or removal of any kind, the
Commission's order shall specify whether the permit is to be denied
or postponed. If postponement is ordered, the Commission shall work
with the applicant during this interim period to investigate and consider
alternatives to demolition or removal.
An original and two copies of each of the following shall be
submitted to the secretary of the Commission:
a.
Applicable application form, if any, as adopted by the Commission.
b.
Plans and specifications as accepted by the Building Department.
c.
Detailed information shall be provided on the construction material,
color, design and any of the following or other elements of the proposal
to provide clear and comprehensive information for the Commission
in its determination of the compatibility of the proposal:
1.
Roof design and surfacing.
2.
Walls/siding/pattern of shingles/and exterior painting or stain.
3.
Windows: style, relationship to each other/awnings.
4.
Doors.
5.
Ornaments or trim.
6.
Colors/materials.
7.
Railings/porches.
8.
Chimneys.
9.
Fences.
10.
Yard furniture.
11.
Garages/carports.
12.
Signs.
13.
TV antennas/satellite dishes.
14.
Solar energy installations.
15.
Outdoor furniture for accessory use of a principal (nonresidential)
use such as a restaurant's outdoor eating section.
17.
Landscaping, grading and topography.
18.
For new construction, utilities shall be placed underground
and site plans shall show the placement of same; statements from the
relevant public utility company may be requested by the Commission.
In regard to an application for any approval of proposed action
the following matters shall be considered:
a.
If the historic landmark or structure in a historic district is involved:
1.
The impact of the proposed change on its historic and architectural
significance as defined in this section;
2.
Its importance to the municipality and the extent to which the historic
or architectural interest would be adversely affected to the detriment
of the public interest; and
3.
The extent to which there would be the involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty and expense.
b.
The use of any structure involved.
c.
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within a historic district
from a public street.
d.
If the application deals with a structure within a historic district,
the impact the proposed change would have on its character and ambience
and the structure's visual compatibility with the buildings, places
and structures to which it would be visually related in terms of the
visual compatibility factors set forth herein.
e.
In regard to all applications, additional pertinent matters may be
considered but in no instance shall interior arrangement be considered.
f.
In assessing the effect of any proposed change on an application
concerning any landmark, the Secretary of the Interiors Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
shall be utilized. Such standards and guidelines are hereby adopted
by reference and copies shall be made available for inspection and/or
purchase in the Office of the Township Clerk.
An application for a permit to demolish a historic landmark
or a structure or improvement within a historic district shall be
forwarded by the Construction Official to the Commission.
Demolitions Involving Historic Landmark or Historic District
Properties.
a.
The Commission shall conduct a public hearing on the proposed demolition.
At least 10 days before such hearing, the applicant shall give notice
of the time, date, location and purpose of the hearing to the agencies
listed below by certified mail, return receipt requested, and by published
notice in an official newspaper of the municipality; and shall present
an Affidavit attesting to such notification prior to commencement
of the hearing:
1.
Monmouth County Historical Commission.
2.
Monmouth County Heritage Committee.
3.
Monmouth Conservation Foundation.
4.
Monmouth County Historical Association.
5.
State Office of Historic Preservation.
6.
State Advisory Council of Historic Preservation.
7.
Monmouth County Park System.
8.
Any other organization concerned with historic preservation, deemed
appropriate by the Commission.
b.
The following matters shall be considered by the Commission:
1.
Its historic, architectural, cultural or scenic significance in relation
to the criteria established in this section.
2.
If it is within a historic district, its significance to the district
as a key, contributing, or noncontributing resource and the probable
impact of its removal on the district.
3.
Its potential for use for those purposes currently permitted by the
zoning ordinance.
4.
Its structural condition and the economic feasibility of alternatives
to the proposal.
5.
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 public interest.
6.
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 and expense.
7.
The extent to which its retention would promote the general welfare
by maintaining and increasing the real estate values, generating business,
creating new jobs, attracting tourists, students, writers, historians,
artists and artisans; attracting new residents, encouraging study
and interest in American history, New Jersey history and the history
of Millstone Township; stimulating interest and study in architecture
and design, educating citizens in American culture and heritage, or
making the municipality a more attractive and desirable place in which
to live.
8.
Such other matters as may appropriately affect the decision considering
the specific characteristics of the property in question.
9.
The ownership, use and applicant's reason(s) for requesting demolition.
10.
Any other applicable standards of review or guidelines adopted
by the Secretary of the U.S. Department of the Interior.
c.
Following the public hearing, the Commission shall make a decision
and act on the request for the demolition permit.
In regard to an application to move any historic landmark, or
to move any improvement within a historic district, the application
shall be forwarded by the responsible Township official to the Commission.
a.
The Commission shall conduct a public hearing on the proposed move
or relocation. At least 10 days before such hearing, the applicant
shall give notice of the time, date, location and purpose of the hearing
to the agencies listed below by certified mail, return receipt requested,
and by published notice in an official newspaper of the municipality;
and shall present an Affidavit attesting to such notification prior
to commencement of the hearing:
1.
Monmouth County Historical Commission.
2.
Monmouth County Heritage Committee.
3.
Monmouth Conservation Foundation.
4.
Monmouth County Historical Association.
5.
State Office of Historic Preservation.
6.
State Advisory Council of Historic Preservation.
7.
Monmouth County Park System.
8.
Any other organization concerned with historic preservation, deemed
appropriate by the Commission.
b.
The following matters shall be considered by the Commission:
1.
The historic loss to the site of original location and the historic
district as a whole.
2.
The compelling reasons for not retaining the landmark or structure
at its present site.
3.
The compatibility, nature, and character of the current and the proposed
surrounding areas as they relate to the protection of interest and
values referred to in this section.
4.
The probability of significant damage to the landmark or structure
itself.
5.
If it is to be moved from Millstone Township, the proximity of the
proposed new location to the Township, including the accessibility
to the residents of the municipality and other citizens.
6.
If the proposed new location is within a district, visual compatibility
factors as set forth in this section.
c.
Following the public hearing, the Commission shall make a decision
and act on the request for relocation.
a.
The Commission also serves in an advisory capacity in the review
of plans referred by the Planning Board, Zoning Board of Adjustment
or Township Committee pertaining to the exterior appearance of structures
that are not historic landmarks and not within a historic district.
The purpose and intent of this additional role of the Commission
is to assist other Township Boards in their review capacity, where
development is proposed in close proximity to areas and/or structures
of historic significance or because the owners or applicants desire
to construct improvements with historic design and character. The
goals of the Commission are to advise applicants on how to amend and
improve designs rather than to impose individual design choices on
any specific proposal.
b.
In the review of plans that have been referred to it, the Commission
will generally examine the following elements for compatibility with
the existing style, with existing adjoining development and appropriateness:
1.
Building height.
2.
Bulk/scale.
3.
Placement of windows, doors, roof.
4.
Materials/textures and scale.
5.
Color.
6.
Signs.
7.
Fences, walls, other accessory structures on the site.
8.
Parking area layout, loading facilities.
9.
Landscaping.
10.
Driveways.
11.
Compatibility of all elements of the proposal.
12.
Any other exterior elements that would impact the surroundings.
c.
When plans are referred to the Commission by the Planning Board or
Board of Adjustment, the referral should include the timing schedule
for the submission in order to enable the Commission to make its review
and, if necessary, meet with the applicant to discuss adjustments,
within the timing framework for the submission, the dates of public
hearings, Planning Board or Board of Adjustment meetings, etc.
No person shall use any electrical, mechanical or other detection
type device to disturb, remove, locate objects in or on any Township
owned historic landmark/site of historic landmark or improvement within
a historic district without giving written notice, as set forth below,
to the Township Clerk and the Commission and receiving permission
of the Township Committee to undertake the proposed activity.
The written notice of the intent to use such a detection device
shall set forth the name and address of the person giving notice as
well as the names and addresses of all persons involved in the on-site
use and shall set forth the date each use will occur and whether any
business, club, or other organization is involved.
The written notice of the intent to use such a detection device
shall be delivered to the Township Clerk and to the secretary of the
Commission at least 30 days in advance of the proposed use. The Commission
shall consider the request and make a recommendation to the Township
Committee whether the request should be approved, denied or approved
with conditions. The Township Committee shall then make the final
decision and notify the applicant.
Any person who undertakes any activity affecting a historic
landmark or any improvement within a historic district which is regulated
by this section, without obtaining review by the Commission shall
be in violation of this chapter.
On any violation, the Zoning Officer shall serve a notice describing
the violation and demanding abatement within 10 days; and, notifying
the owner or person(s) present that they must immediately stop and
cease any further activity whatsoever. Such owner or other person(s)
shall immediately stop any activity.
The Zoning Officer may also (i) File complaint in the Township
municipal court; and/or (ii) Seek injunction relief or restraints
in any court of competent jurisdiction.
Each separate day a violation exists shall be deemed to be a
new and separate violation.
Any person violating the provisions of this Ordinance shall
be subject to the fine and penalty set forth in § 35-6-11.
