[Ord. #00-1142, § 1]
The intention of this Article is to effectuate and accomplish
the protection, enhancement and perpetuation of historic buildings,
structures, sites, objects, improvements and districts within the
Township of Hopewell, to implement the historic preservation element
of the township's master plan, and to advance the following public
purposes:
a. To safeguard the heritage of Hopewell Township by preserving the
resources within the township which reflect elements of its historical
significance;
b. To identify, designate, and regulate historic landmarks and historic
districts in order to preserve their historical significance;
c. To encourage the continued use of historic landmarks and historic
districts and to facilitate their appropriate use or reuse;
d. To maintain and develop an appropriate and harmonious setting for
historic landmarks and historic districts within the Township of Hopewell;
e. To foster civic pride in the history and architecture of Hopewell
Township;
f. To promote appreciation of historic landmarks and historic districts
for the education, pleasure and welfare of the local population;
g. To encourage beautification and private reinvestment in historic
landmarks and historic districts, and surrounding properties;
h. To manage change of historic landmarks and historic districts by
encouraging sensitive alteration and/or new construction;
i. To discourage the unnecessary demolition of historic resources;
j. To recognize the importance of historic landmarks and historic districts
by urging property owners and tenants to maintain their properties
in keeping with the requirements and standards of this article;
k. To encourage the proper maintenance and preservation of historic
settings and landscapes.
[Ord. #00-1142, § 2]
ADDITION
Shall mean an extension or increase in the size, floor area
or height of any building, structure, site, object or improvement.
ALTERATION
Shall mean any change in the exterior features of any building,
structure, site, object or improvement.
APPLICATION
Shall mean a request to the commission made pursuant to this
article for the purposes of obtaining a certificate of appropriateness
or other action by the commission hereunder specified.
APPLICATION FOR DEVELOPMENT
Shall mean an application to the planning board or the zoning
board of adjustment of the Township of Hopewell for approval of a
major or minor subdivision plat or site plan, planned development,
conditional use or zoning variance, or an application for the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any building or other structure, or of any mining excavation or
landfill, or for any use or change in the use of any building or other
structure, or of any parcel of land, for which permission may be required
pursuant to the Municipal Land Use Law.
BUILDING
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.
CERTIFICATE OF APPROPRIATENESS
Shall mean that document issued by the commission which is
required before any work may be commenced on any historic landmark
or any building, structure, site, object or improvement located within
an historic district.
COMMISSION
Shall mean the historic preservation commission established
pursuant to the provisions of this article.
CONSTRUCTION OFFICIAL
Shall mean the officer in charge of the granting of building
or construction permits in the township.
DEMOLITION
Shall mean the partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any designated building,
structure, site, object or improvement. Demolition includes the removal
of a building, structure, site, object or improvement from its location
or the removal or destruction of its facade or surface.
HISTORIC
Shall mean having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this article.
HISTORIC DISTRICT
Shall mean a significant concentration, linkage or continuity
of buildings, structures, sites, objects or improvements united historically
by plan or physical development which qualifies for designation under
section 17-24.4 of this article.
HISTORIC DISTRICT RESOURCES
Shall mean those resources classified as either key, contributing
or noncontributing, which are defined as follows:
a.
KEYShall mean any buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
b.
CONTRIBUTINGShall mean any buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
c.
NONCONTRIBUTINGShall mean any buildings, structures, sites, objects or improvements which do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method which is historically significant.
HISTORIC LANDMARK
Shall mean any building, structure, site, object or improvement
which qualifies for designation under section 17-24.4 of this article.
HISTORICAL
Shall mean of, relating to, or having the character of history.
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.
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 or prehistoric period.
INTERESTED PARTY
Shall mean any person whose right to use, acquire or enjoy
property is affected by any action taken under this article, or whose
rights to use, acquire or enjoy property under this article or under
any other law of this State or of the United States have been denied,
violated or infringed by an action or a failure to act under this
article.
INVENTORY
Shall mean a list of historic properties determined to meet
criteria of significance specified herein.
LANDSCAPE
Shall mean the visual character of the land, including but
not limited to architecture, building setbacks and height, fences,
hedgerows, plantings and vistas.
MASTER PLAN
Shall mean the master plan of the Township of Hopewell, as
amended from time to time, compiled pursuant to the Municipal Land
Use Law.
MINOR APPLICATION
Shall mean any application for a certificate of appropriateness
which:
a.
Does not involve demolition, relocation or removal of an historic
landmark or a key or contributing resource in an historic district;
b.
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district;
c.
Is a request for approval of fences, signs, lighting, paving
or streetscape work which, in the opinion of the chairman of the commission,
will not substantially affect the characteristics of the historic
landmark or the historic district;
d.
Is a request for a field change for a certificate of appropriateness
which has already been issued and which meets the criteria of paragraph
c above.
MUNICIPAL LAND USE LAW
Shall mean the Municipal Land Use Law of the State of New
Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1, et seq.), as amended
from time to time.
NATIONAL REGISTER CRITERIA
Shall mean the established criteria for evaluating the eligibility
of properties for inclusion in the National Register of Historic Places,
as set forth in 36 C.F.R. 60.4, et seq.
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.
ORDINARY MAINTENANCE AND REPAIR
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 inkind material and quality
workmanship.
PERMIT
Shall mean any required approval issued by the construction
official pursuant to applicable building or construction codes for
work or improvement(s) to property, or to a building or structure
located thereon.
PERSON
Shall mean any individual, natural persons, partnerships,
joint ventures, societies, associations, clubs, trustees, trusts,
firms, companies, corporations, entities or unincorporated groups;
or any officers, agents, employees, servants, factors or any kind
of personal representatives of any thereof in any capacity, acting
either for himself or for any other person, under either personal
appointment or pursuant to law. When permitted by context "person"
shall also include the United States, the State of New Jersey and/or
other States, or any political subdivision thereof, and any foreign
country or government.
PRESERVATION
Shall mean the act or process of applying measures necessary
to sustain the existing form, integrity and materials of an historic
landmark. Work, including preliminary measures to protect and stabilize
the property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
PROTECTION
Shall mean the act or process of applying measures designed
to affect the physical condition of a property by defending or guarding
it from deterioration, loss or attack, or to cover or shield the property
from danger or injury.
RECONSTRUCTION
Shall mean the act or process of reproducing, by means of
new construction, the form, features and detailing of a non-surviving
building, structure, site, object, improvement or landscape for the
purpose of replicating its appearance at a specific period of time
and in its historic location when documentary and physical evidence
is available.
REHABILITATION
Shall mean the act or process of returning a property to
a state of utility through repair or alteration which makes possible
an efficient contemporary use while preserving those portions or features
of the property which are significant to its historic values.
REPLACEMENT
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.
RESTORATION
Shall mean the act or process of accurately recovering the
form and details of a property and its setting as it appeared at a
particular period of time. It may sometimes mean the removal of later
work or the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
Shall mean the publication issued by the U.S. Department
of the Interior, National Park Service, entitled: "The Secretary of
the Interior's Standards for the Treatment of Historic Properties,"
36 C.F.R. 68, issued in 1992 and revised and supplemented from time
to time.
SITE
Shall mean the location of a significant event, a prehistoric
or historic occupation or activity, a building or structure, or a
burial ground or cemetery, whether standing, ruined or vanished, where
the location itself possesses historical, cultural or archaeological
value regardless of the value of any existing structure.
STREETSCAPE
Shall mean the visual character of the street including,
but not limited to, the architecture, building setbacks and height,
fences, storefronts, signs, lighting, parking areas, materials, sidewalks,
curbing and landscaping.
STRUCTURE
Shall be used as a term to distinguish from buildings those
functional constructions made usually for purposes other than creating
human shelter, such as a bridge.
SURVEY
Shall mean the inventory of buildings, structures, sites,
objects, improvements and districts located within the Township of
Hopewell which is conducted by the commission for the ascertainment
of their historical significance pursuant to the provisions of this
article.
SURVEY DATA
Shall mean the raw data produced by the survey; that is,
all the information gathered on each property and area investigated.
VIEW OR VISTA
Shall mean the view by the public of a building, structure,
site, object, improvement or landscape from any point on a street,
road or walkway which is used as a public thoroughfare, either vehicular
and/or pedestrian.
[Ord. #00-1142, § 3]
There is hereby established within the Township of Hopewell
an historic preservation commission, whose members shall serve without
compensation.
[Ord. #00-1142, § 3]
The historic preservation commission shall have the following
duties and responsibilities:
a. To identify, record and maintain a survey of all buildings, structures,
sites, objects, improvements and districts of historical significance
within the township.
b. To recommend to the township committee the designation of buildings,
structures, sites, objects or improvements as historic landmarks,
and to recommend the designation of historic districts.
c. To monitor and recommend to the township committee any buildings,
structures, sites, objects, improvements or districts for inclusion
in the New Jersey or National Register of Historic Places.
d. To make recommendations to the planning board on the historic preservation
plan element of the master plan and on the implications for preservation
of historic landmarks and historic districts of any other master plan
elements. The commission may provide information to the planning board
indicating the location and significance of historic landmarks and
historic districts, and identify the standards used to assess worthiness
for historic landmark or historic district designation.
e. To advise the planning board and zoning board of adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
f. 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.
g. To review and render determinations regarding applications for Certificates
of Appropriateness as set forth in this article.
h. To advise the planning board on the inclusion of historic landmarks
and historic districts in the recommended capital improvement program.
i. To monitor and recommend to the township committee the submission
of any grants related to historic preservation.
j. To carry out such other advisory, educational and informational functions
as will promote historic preservation in the township.
[Ord. #00-1142, § 3]
The commission shall consist of five regular members and two
alternate members, who shall be appointed by the Mayor with the advice
and consent of the township committee. The Mayor shall appoint, and
the township committee shall approve, the full membership within 60
days from the effective date of this article. At the time of appointment,
members shall be designated by the following classes:
a. Class A - A person who is knowledgeable in building design and construction
or architectural history and who may reside outside the municipality;
and,
b. Class B - A person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the municipality;
and,
c. Class C - Citizens of the municipality who shall hold no other municipal
office, position or employment except for membership on the planning
board or zoning board of adjustment. Class C members should have at
a minimum a demonstrated interest in history, historic preservation
or a related field.
Of the five regular members, at least one member shall be appointed
from each class. Alternate members shall meet the qualifications of
Class C members. At the time of appointment, alternate members shall
be designated as "Alternate No. 1" and "Alternate No. 2".
|
[Ord. #00-1142, § 3]
The alternate members may participate in all commission discussions
during proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
[Ord. #00-1142, § 3]
A member of the township committee of the Township of Hopewell
shall be designated as a liaison between the historic preservation
commission and the township committee. The role of such liaison person
shall be informational only and such person shall possess no voting
rights with regard to any action taken by the commission.
[Ord. #00-1142, § 3]
Annually, the commission shall elect a chairman and vice-chairman
from its members and select a recording secretary who may or may not
be a member of the commission or a municipal employee.
[Ord. #00-1142, § 3]
The governing body shall make provision in its budget and appropriate
funds for the expenses of the historic preservation commission. 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, unless the
governing body by appropriation provides for separate legal counsel
for the commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by township committee for the commission's use.
[Ord. #00-1142, § 3]
The township committee shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable township ordinance.
[Ord. #00-1142, § 3]
A member of the commission may, after a public hearing, if requested,
be removed by the governing body for cause.
[Ord. #00-1142, § 4]
The commission shall maintain a comprehensive survey of the
Township of Hopewell to identify historic landmarks and historic districts
that are worthy of protection and preservation.
[Ord. #00-1142, § 4]
The criteria for evaluating and designating historic landmarks
and historic districts shall be guided by the National Register Criteria.
The commission or any person may recommend designation of historic
landmarks or historic districts that are in accordance with the National
Register Criteria or that possess one or more of the following attributes:
a. Character, interest, or value as part of the development, heritage
or cultural characteristics of the township, State or Nation; or
b. Association with events that have made a significant contribution
to the broad patterns of our history; or
c. Association with the lives of persons significant in our past; or
d. Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
e. Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the township, State or Nation; or
f. Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
g. Unique location or singular physical characteristics that make a
district or landmark an established or familiar visual feature; or
h. Ability or potential ability to yield information important in prehistory
or history.
[Ord. #00-1172, § 1; Ord. #01-1195, § 1;
Ord. #01-1219, § 1; Ord. #01-1220, § 1; Ord. #01-1221,
§ 1; Ord. #05-1346, § 1; Ord. #05-1347, § 1;
Ord. #05-1348, § 1; Ord. #05-1349, § 1; Ord. #05-1350,
§ 1; Ord. #05-1351, § 1; Ord. #06-1382, § 1;
Ord. #06-1383, § 1; Ord. #06-1384, § 1; Ord. #08-1449,
§ 1; Ord. #08-1450, § 1; Ord. #08-1451, § 1;
Ord. #08-1452, § 1; Ord. #08-1453, § 1; Ord. #14-1601;
Ord. #14-1603; Ord. No. 2016-1647; Ord. No. 2016-1648]
a. The Mount Rose Distillery Archaeological Site consisting of Block
39, Lot 8.31, and the contiguous portion of the right-of-way of Pennington-Rocky
Hill Road, to the center line of the existing pavement, shall be designated
an historic landmark under Ordinance No. 00-1142.
b. The "Bear Tavern Road Iron Truss Bridge over Jacobs Creek," along
with the Route 579 right-of-way, abutments, approaches and related
retaining walls, shall be designated as an historic landmark within
the Township of Hopewell, pursuant to and in accordance with Ordinance
No. 00-1142.
c. The "Old Methodist Cemetery," a.k.a. the "New Light/New Side Presbyterian
Meeting House and Cemetery," which is located on Pennington-Titusville
Road (Block 63, Lot 2 on the Hopewell Township Tax Map), shall be
designated as a historic landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
d. The "Mine Road Bridge over Stony Brook," which is located on Mine
Road east of Route 31 and which carries Mine Road over the Stony Brook
shall be designated as a historic landmark within the Township of
Hopewell, pursuant to and in accordance with Ordinance No. 00-1142.
e. The "Smith/Hunt/Hill Farm," a.k.a. the "Wilson Hunt Farm" or the
"Hunt Woodward Farm," which is located at 170 Marshall's Corner-Woodsville
Road (Block 31, Lot 13.03 on the Hopewell Township Tax Map), shall
be designated as a historic landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
f. The "Brown Farmstead," a.k.a. the "Hoff/Brown House" or the "Bellando/Rapp
Property," which is located at 166 Church Road (Block 61, Lot 15.01
on the Hopewell Township Tax Map), shall be designated as an historic
landmark within the Township of Hopewell, pursuant to and in accordance
with Ordinance No. 00-1142.
g. The "Lanning/Hunt Farmstead," a.k.a. the "Dippery Farm," which is
located at 438 Valley Road (Block 56, Lot 1 on the Hopewell Township
Tax Map), shall be designated as an historic landmark within the Township
of Hopewell, pursuant to and in accordance with Ordinance No. 00-1142.
h. The "Lott's Mills," a.k.a. the "Somerset Roller Mills," which is
located at 1200 Route 29 (Block 99.01, Lot 6 on the Hopewell Township
Tax Map), shall be designated as an historic landmark within the Township
of Hopewell, pursuant to and in accordance with Ordinance No. 00-1142.
i. The "Noah Hunt Farmstead," a.k.a. "Rosedale Park," which is located
at 194 Blackwell Road (Block 44, Lot 7 on the Hopewell Township Tax
Map), shall be designated as an historic landmark within the Township
of Hopewell, pursuant to and in accordance with Ordinance No. 00-1142.
j. The "Major Henry Phillips House," a.k.a. the "Holcomb/Ely Farmstead"
or the "Birum House," which is located at 84 Pleasant Valley Road
(Block 54, Lot 7 on the Hopewell Township Tax Map), shall be designated
as an historic landmark within the Township of Hopewell, pursuant
to and in accordance with Ordinance No. 00-1142.
k. The "Jeremiah Woolsey House," a.k.a. the "Woolsey House," which is
located at 237 Washington Crossing-Pennington Road (Block 92, Lot
26 on the Hopewell Township Tax Map), shall be designated as an historic
landmark within the Township of Hopewell, pursuant to and in accordance
with Ordinance No. 00-1142.
l. The "Mount Rose General Store" which is located at 230 Hopewell-Princeton
Road (Block 16, Lot 21 on the Hopewell Township Tax Map), shall be
designated as an historic landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
m. The "Samuel Moore Sr. House", a.k.a. the "John Welling House," which
is located at 56 East Curlis Avenue (Block 74, Lot 47 on the Hopewell
Township Tax Map), shall be designated as an historic landmark within
the Township of Hopewell pursuant to and in accordance with Ordinance
No. 00-1142.
n. The "Andrew Titus House," which is located at 11 Cedar Lane (Block
133, Lot 11 on the Hopewell Township Tax Map), shall be designated
as an historic landmark within the Township of Hopewell, pursuant
to and in accordance with Ordinance No. 00-1142.
o. The "Titusville Store," which is located at 34 River Drive (Block
134, Lot 13 on the Hopewell Township Tax Map), is the site of 1 building
located on a .5 acre parcel; and shall be designated as an Historic
Landmark within the Township of Hopewell, pursuant to and in accordance
with Ordinance No. 00-1142.
p. The "Harbourton Blacksmith's House," which is located at 1459 Trenton
Harbourton Road (Block 52, Lot 1 on the Hopewell Township Map), is
the site of 1 dwelling and accessory buildings located on a 1.72 acre
parcel; and shall be designated as an Historic Landmark within the
Township of Hopewell, pursuant to and in accordance with Ordinance
No. 00-1142.
q. The "Runyon-Titus Barn," located at 115 Route 31 North (Block 37,
Lot 19 on the Hopewell Township Tax Map), is the site of a barn and
springhouse located on a 67 acre parcel; and shall be designated as
an Historic Landmark within the Township of Hopewell, pursuant to
and in accordance with Ordinance No. 00-142.
r. The "Enos Titus Farmstead," which is located at 340 Rocky Hill Road
(Block 45, Lot 1.02 on the Hopewell Township Max Map), is the site
of a farmstead including 1 dwelling, 1 large barn and accessory buildings
located on a 2.24 acre parcel; and shall be designated as an Historic
Landmark within the Township of Hopewell, pursuant to and in accordance
with Ordinance No. 00-1142.
s. The "Marshall's Corner Schoolhouse," which is located at 95 Pennington
Hopewell Road (Block 34, Lot 8 on the Hopewell Township Tax Map),
is the site of 1 building located on a .76 acre parcel; and shall
be designated as an Historic Landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
t. The "Stout Chorley House," located at 130 Hopewell Rocky Hill Road
(Block 14, Lot 15.01 on the Hopewell Township Tax Map), is comprised
of brick and stone manor house built in stages from the late 18th
to mid 20th centuries.
These buildings contain elements of both the 18th, 19th and
20th centuries, and is a notable landmark at the eastern end of Hopewell
Township and shall be designated as an Historic Landmark within the
Township of Hopewell, pursuant to and in accordance with Ordinance
No. 00-1142.
u. The "Atchley - Hunter Farmstead," located at 133 Pleasant Valley
Road (Block 60, Lot 1 on the Hopewell Township Tax Map), contains
several agricultural buildings and a farmhouse, all possessing a high
degree of historical integrity.
These buildings contain elements of the 18th centuries through
the 20th, and are fully integrated in setting as a farmstead in continuous
use over that period and shall be designated as an historic landmark
within the Township of Hopewell pursuant to and in accordance with
Ordinance No. 00-1142.
v. The "Captain John Stillwell House" which is located at 246 Lambertville-Hopewell
Road (Block 25 Lot 14 on the Hopewell Township Tax Map), shall be
designated as an Historic Landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
w. The "Stephen and Edwin Titus Farmhouse" located at 96 Lambertville-Hopewell
Road (Block 5, Lot 26 on the Hopewell Township Tax Map), shall be
designated as an Historic Landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
x. The
"Hart's Corner Schoolhouse," located at 201 Washington Crossing-Pennington
Road (Block 92, Lot 6 on the Hopewell Township Tax Map), shall be
designated as an Historic Landmark within the Township of Hopewell,
pursuant to and in accordance with Ordinance No. 00-1142.
[Added 6-13-2022 by Ord. No. 22-1774]
[Ord. #00-1142, § 6]
A certificate of appropriateness issued by the commission shall
be required before any work is commenced on any historic landmark
or within any historic district, whether or not a permit is required
for such work, including but not limited to the following:
a. Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described in subsection
17-246.2 below.
b. Demolition of any building, structure, site, object or improvement.
c. Relocation of a principal or accessory building, structure, site,
object or improvement.
d. Any addition to or new construction of a principal or accessory building,
structure, site, object or improvement.
[Ord. #00-1142, § 6]
Persons considering action that requires a certificate of appropriateness 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
17-246.2c above. Requests for such informational meetings can be made to the commission secretary. The Commission and/or its Chairman shall hold such informational meetings within 30 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 pursuant to subsection
17-246.2c above.
[Ord. #00-1142, § 6]
The chairman of the historic preservation commission, or other
designated member(s) of the commission acting on the chairman's behalf,
may review applications for minor work (minor applications) without
holding a public hearing. If the chairman finds the application appropriate,
he/she may act in place of the full commission without the necessity
of a public hearing and is authorized to issue a certificate of appropriateness
to the construction official for said minor work. The construction
official shall then authorize the applicant to proceed and issue any
required permit associated therewith. If the chairman does not find
the application appropriate, the application shall be scheduled for
a public hearing before the full commission.
[Ord. #00-1142, § 8]
In regard to an application to demolish or relocate an historic
landmark or an historic district resource, the following matters shall
be considered:
a. Its current and potential use for those purposes currently permitted
by the zoning ordinance or for the use proposed.
b. The probable impact of its removal upon the ambiance of the historic
landmark or historic district.
c. The structural soundness and integrity of the building, structure,
site, object or improvement and the economic feasibility of restoring
or rehabilitating same so as to comply with the requirements of the
applicable construction codes.
d. The compelling reasons for not retaining the building, structure,
site, object or improvement at its present location, the proximity
of the proposed new location and its accessibility to residents of
the municipality, and the probability of significant damage to the
building, structure, site, object or improvement as a result of the
relocation.
e. The compatibility, nature and character of the current and the proposed
surrounding areas as they relate to the intent and purposes of this
article and whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
[Ord. #00-1142, § 9]
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. #00-1142, § 10]
Any person who commits a violation of this article 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. #00-1142, § 10]
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 landmark or a property located within an 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. #00-1142, § 11]
The requirements of this article 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.