[Ord. No. 2002-13]
An application for a zoning permit shall be required precedent to the issuance of a building permit to construct, alter, repair, move or demolish any building, structure or sign in the Lambertville Historic District. The zoning permit application shall be made to the Zoning Officer, pursuant to Article
IX of the Zoning Ordinance of the City of Lambertville. No zoning permit shall be issued until a Certificate of Appropriateness has been approved by the Planning Board, Board of Adjustment, or Historic Preservation Commission, as the case may be. An application for approval of a Certificate of Appropriateness shall be completed and filed with the Administrative Officer not less than 10 days before a Historic Preservation Commission meeting.
A. Minor and Major Applications. The Administrative Officer shall review
the application form and classify the application in accordance with
the following guidelines:
1.
If a Certificate of Appropriateness is requested for an action
which will substantially affect the characteristics of the district
or historic site, the Administrative Officer shall classify the application
as a major application and notify the applicant to submit a full application
which shall include architectural drawings and plans prepared by a
New Jersey licensed architect; photographs, sign designs, and other
information described in the Historic Preservation Commission's regulations.
The Administrative Officer shall be entitled to request and receive
assistance in the classification from HPC members and staff.
2.
If a Certificate of Appropriateness is requested for an action
which will not substantially affect the historic site or district,
then the Administrative Officer shall classify the application as
a minor application.
3.
Completed minor applications will be heard and acted upon at
the next regularly scheduled meeting of the Historic Preservation
Commission.
4.
Major applications shall be acted on within 30 days after the
application is declared complete by the Administrative Officer. If
the HPC does not act on a major application within 45 days, the application
shall be deemed to have been approved as submitted, and the Administrative
Officer shall so certify. By mutual written agreement of the applicant
and the HPC, there may be an extension of time. The HPC may advise
the applicant and make recommendations in regard to the appropriateness
of the proposed action, and may grant approval upon such conditions
as it deems appropriate within the intent and purposes of this Ordinance.
The HPC shall decide on each application and shall reduce their findings
and conclusions in the form of a resolution to be adopted by the Commission.
5.
Sign Application. Any person seeking a construction permit to
construct, alter, repair, move, install or demolish a sign in the
historic district or historic site outside of a district shall be
required to receive a Certificate of Appropriateness from the HPC.
All applications for a Certificate of Appropriateness for a sign shall
be classified as minor applications.
B. Decisions by the Historic Preservation Commission.
1.
If an application is approved, the HPC shall issue a Certificate
of Appropriateness and provide the applicant with a certified copy
of the resolution. If disapproved, the Commission shall notify the
applicant in writing of the resolution and provide to the applicant
a certified copy.
2.
In the event that an applicant alleges that compliance with
the requirements of this Ordinance would be an unreasonable hardship
and that the nature of his application is such that the change sought
does not justify the time and expense of a plenary proceeding, will
not impact negatively on the public good, nor specifically on the
historic qualities sought to be preserved, the Commission, by a majority
vote of its full authorized membership, may grant such relief from
the requirements of this Ordinance as it deems consistent with the
public good and the purposes of this Ordinance.
3.
An applicant may request that a Certificate of Appropriateness
be granted without fulfilling all the application requirements set
forth because the change contemplated shall not be visible from any
place to which the public normally has access and, therefore, cannot
adversely affect the public interest. In that event, the Historic
Preservation Commission, by a majority vote of its full authorized
membership, may determine that the criterion for such an exemption
has been met and may grant a Certificate of Appropriateness.
C. Effect of a Certificate of Appropriateness Approval; Denial; Appeal.
1.
Issuance of a Certificate of Appropriateness shall be deemed
to be final approval pursuant to this Ordinance. Such approval shall
neither cause nor prevent the filing of any collateral application
or other proceeding required by any other City ordinance to be made
prior to undertaking the action requested concerning the historic
site or structure in the historic district. A Certificate of Appropriateness
shall be valid for two years within such time the applicant shall
have procured a construction permit, or in the event that subdivision
or site plan approval is required pursuant to § 601, filed
a complete application with the Planning Board or Board of Adjustment,
as the case may be, or within such time as the HPC may deem it in
the public interest to grant, but in no circumstance shall such extension
be for a period greater than two years from the date of the expiration
of the original approval.
2.
Denial of a Certificate of Appropriateness shall be deemed to
preclude the applicant from undertaking the activity applied for concerning
a historic site or structure in a historic district.
3.
Appeal from a denial of the Certificate of Appropriateness shall
be to the Board of Adjustment under N.J.S.A. 40:55D-70a where no application
for development is required and to Superior Court where the Certificate
of Appropriateness is issued by the Planning Board or Board of Adjustment.
D. Emergency Repairs. When emergency repairs are required, the Administrative
Officer shall notify the Chairman of the Historic Preservation Commission
or his designee and a recommendation concerning the emergency repairs
shall be made within 48 hours. The Administrative Officer may allow
temporary repairs to a structure prior to the Historic Preservation
Commission's review when these repairs are necessary for the building's
occupancy or to ensure public safety contingent upon the application
for a Certificate of Appropriateness within 10 days of the onset of
such emergency repairs. Such emergency repairs shall not be intended
to last more than 90 days.
[Added 12-16-2021 by Ord.
No. 32-2021]
The Historic Preservation Commission (the "Commission") shall
consider for landmark designation and historic district designation
any property, building, structure, natural object or site and districts
within the City of Lambertville which merit individual landmark and
historic district designation and protection, possessing integrity
of location, design, setting, materials, workmanship or association;
and being:
A.
Of particular historic significance to the City of Lambertville
by reflecting or exemplifying the broad cultural, political, economic,
agricultural or social history of the nation, state, or community;
B.
Associated with historic personages important in national, state,
or local history;
C.
The site of a historic event which had a significant effect
on the development of the nation, state, or community;
D.
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering;
E.
Representative of the work of an important builder, designer,
artist or architect;
F.
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation;
G.
Able or likely to yield information important in prehistory
or history.
[Added 12-16-2021 by Ord.
No. 32-2021]
As used in this Article:
HISTORIC DISTRICT
An area designated as a historic district by ordinance of
the City Council, and which may contain within definable geographic
boundaries, one or more landmarks and which may have within its boundaries
other or structures that, while not of such historic or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall historic or architectural characteristics of the historic
district.
HISTORIC LANDMARK
A property, building, structure, natural object or site designated
as a landmark by ordinance of the City Council, pursuant to procedures
prescribed in this title, that is worthy of rehabilitation, restoration
and preservation because of its historic or architectural significance
to the City of Lambertville.
[Added 12-16-2021 by Ord.
No. 32-2021]
A.
Based on its review, or upon the recommendation of other municipal bodies of the City or of concerned citizens, the Commission may make a list of additional individual buildings and structures and collections of buildings and structures recognized as a district recommended for designation as landmarks and historic districts. For each landmark and historic district, there shall be a brief description of the landmark and district, of the landmarks and district's significance pursuant to the criteria in §
LDR-903.1. The Commission shall, by certified mail:
1.
Notify each owner that his/her/its property is being considered
for Historic Landmark designation or inclusion in a Historic District
and the reasons therefor.
a.
If the owner objects to such consideration, the owner shall,
within 30 days of receipt of such notice, provide such notice in writing
to the Commission, for removal from consideration.
b.
If the Commission does not receive a response from the property
owner within 30 days of the first notice, the Commission shall not
proceed with the designation until such time that the property owner
consents to the designation.
c.
In no case shall the Commission place a property on the list
of landmark and/or Historic District designation without the property
owner's consent.
2.
Advise each owner of the significance and consequences of such
designation;
3.
Notify each owner of the public meeting to be held in accordance
with N.J.S.A. 10:4-6, et seq.
B.
Historic Preservation Commission Consideration of Recommendation.
1.
The list of potential additional Historic Landmarks and Historic
Districts as well as the description, significance, location, boundaries,
and map siting of each shall be subject to review at a Commission
public hearing.
2.
At least 10 days before such a hearing, a preliminary list and
a map showing proposed additional landmarks and district boundaries
shall be published, together with notice of the hearing in an official
newspaper of the municipality and posted on the City's website,
at City Hall and distributed electronically via City communication.
3.
At the hearing, interested persons shall be entitled to present
their opinions, suggestions and objections on the proposed recommendations
for designation.
4.
The Commission shall then prepare a concise report, including
a list and a map of its recommendations for sites to be designed as
Historic Landmarks or Historic Districts.
5.
Copies of the report shall be delivered to the City of Lambertville
City Council, the Planning Board and the City Clerk, and a notice
of the action published by the Commission secretary in an official
newspaper of the municipality.
C.
The published notice shall state the Commission's recommendations
and also that final designation shall be made by the City Council
at a public hearing specified on a date not less than 15 nor more
than 45 days from the date of publication.
D.
The City Council shall then consider the designation list and
map and may approve, reject, or modify same by ordinance. Once adopted,
the designation list and map shall also be incorporated by reference
into the City's Master Plan and Zoning Ordinance, as required
by the Municipal Land Use Law.
E.
Copies of the designation list and Historic District map as
adopted shall be made public and distributed to all City agencies
reviewing development applications and construction permits. A certificate
of designation shall be served by certified and regular mail upon
each owner included on the list, and a true copy thereof shall be
filed with the County Clerk for recording in the same manner as a
certificate of lien upon real property.