This chapter shall be known and may be referred to by the short
title of "the Historic Preservation Ordinance of Chesterfield Township."
These historic preservation regulations are intended to effectuate
and achieve the protection, enhancement and preservation of distinctive
elements of the municipality's environment or character in order:
A. To safeguard the heritage of Chesterfield Township by preserving
resources within the Township which reflect elements of its cultural,
social, economic, agricultural and architectural history.
B. To encourage the continued use of historic landmarks and to facilitate
their appropriate reuse.
C. To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or districts within Chesterfield Township.
D. To stabilize and improve property values within the districts and
foster civic pride in the built environment.
E. To promote appreciation of historic resources for education, pleasure
and the welfare of the local population.
F. To encourage beautification and private reinvestment.
G. To manage change by preventing alteration or new construction not
in keeping with the character of the districts.
H. To discourage the unnecessary demolition of historic resources.
I. To recognize the importance of individual historic landmarks located
outside of a district by urging property owners and tenants to maintain
their properties in keeping with the requirements and standards of
this chapter.
J. To encourage the proper maintenance and preservation of historic
settings and landscapes.
K. To encourage appropriate alterations of historic landmarks.
L. To enhance the visual and aesthetic character, diversity, continuity
and interest in the Town.
M. To promote the conservation of historic sites and districts and to
invite and encourage voluntary compliance.
As used in this chapter, the following terms shall have the
meanings indicated.
ADDITION
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior architectural
appearance of any landmark.
ADMINISTRATIVE OFFICER
The person designated by the Township Committee to handle
the administration of historic project review applications, as well
as the coordination of building permit applications, as referenced
in this chapter.
[Amended 6-13-2019 by Ord. No. 2019-11]
ALTERATION
Any work done on any improvement which (1) is not an addition
to the improvement and (2) constitutes a change by addition or replacement
in the exterior architectural appearance of an improvement.
BUILDING
A structure created to shelter human activity.
[Amended 6-13-2019 by Ord. No. 2019-11]
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the Administrative Officer required
prior to undertaking rehabilitation, restoration, renovation, alteration,
repair or demolition within a historic district or on an individually
designated historic structure and its accessory buildings or structures,
pursuant to this chapter. In all cases where the Planning Board has
jurisdiction over an application, the certificate shall operate as
an advisory recommendation to the Board.
DEMOLITION
Partial or total razing or destruction of any landmark or
of any improvement within a historic district.
DESIGN GUIDELINES
Those Design Guidelines for the Township of Chesterfield,
New Jersey Historic Districts and Sites, adopted by this ordinance, attached hereto, and incorporated herein; and said Design Guidelines shall inform and be used to
interpret the Secretary of the Interior's Standards, as they
have been developed to personalize those standards to Chesterfield's
specific and unique historic needs.
[Added 2-23-2023 by Ord.
No. 2023-1]
DISREPAIR
The condition of being in need of repairs; a structure or
building in poor condition.
EMERGENCY REVIEW
In addition to conducting reviews at its regularly scheduled
meetings, the Commission will conduct emergency review meetings, when
necessary. These emergency review meetings shall be held at the call
of the Chair, when any action requiring immediate consideration is
necessary. This action may include a review of temporary repairs of
historic properties and reviews of other items pertaining to safety
and the necessity for immediate and prompt action. The Chair shall
convene a meeting for these purposes by giving appropriate notice
in accordance with the Open Public Meetings Act, and notifying the members of the Commission of the time,
date, and location of the emergency review meeting and the purpose
thereof. An emergency meeting is warranted when the requested work
or alteration can demonstrably be shown to be time sensitive.
[Added 6-13-2019 by Ord.
No. 2019-11]
HISTORIC DISTRICT
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
and/or objects which viewed collectively:
A.
Represent a significant period(s) in the development of the
Township; or
B.
Have a distinctive character resulting from their architectural
style; or
C.
Because of their distinctive character, can readily be viewed
as an area or neighborhood district from surrounding portions of the
Township. Resources within a historic district shall be classified
as either key, contributing, or noncontributing, which are defined
as:
(1)
"Key" shall mean any buildings, structures, sites or objects
which, due to their significance, would individually qualify for landmark
status.
(2)
"Contributing" shall 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.
(3)
"Noncontributing" shall 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.
(4)
"Historic landmark(s)" shall mean any buildings, structures,
sites, objects or districts 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:
(a)
Of particular historic significance to Chesterfield Township
by reflecting or exemplifying the broad cultural, political, economic,
agricultural or social history of the nation, state or community;
or
(b)
Associated with the historic personages important in national,
state or local history; or
(c)
The site of a historic event which had a significant effect
on the development of the nation, state or community; or
(d)
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
(e)
Representative of the work or works of a locally, regionally
or nationally important builder, designer, artist or architect; or
(f)
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
(g)
Able or likely to yield information important in pre-history
or history.
HISTORIC PRESERVATION COMMISSION
The advisory body appointed by the Township Committee under
the authority of N.J.S.A. 40A:63-7(d), but, for the purposes of this
chapter, performs the duties of a historic preservation commission
as identified in N.J.S.A. 40:55D-1 et seq.
HISTORICAL DISTRICT MAP
A map of the Township depicting the appropriate tax block
and lots contained within the Historic District, and which shall be
marked to identify the location of designated historic landmarks,
historic landmark sites and historic districts.
IMPROVEMENT
Any structure or any part thereof 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.
MAJOR APPLICATION
Any application for a certificate of appropriateness which
does not qualify as a minor application.
MINOR APPLICATION
Any application for a certificate of appropriateness which
(a) does not involve the demolition or removal of a landmark or building
within the district or construction of an addition to a building,
or construction of a new structure in a historic district; or (b)
will not substantially affect the building's, structure's or district's
landmark designation.
OBJECT
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be by nature of design, movable yet related
to a specific setting or environment.
ORDINARY MAINTENANCE
Repairing 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. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs using
the same materials having the same appearance.
REHABILITATION
The 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 and features of the property which
are significant to its historic, architectural, and cultural values.
[Added 6-13-2019 by Ord.
No. 2019-11]
REMOVAL
To partially or completely cause a structure or a portion
of a structure to change to another location, position, station or
residence.
REPAIR
Any work done on any improvement which:
A.
Is not an addition to the improvement; and
B.
Does not change the exterior architectural appearance of any
improvement.
REPLACEMENT
The act or process of replicating any historic or architecturally
defining exterior architectural feature with the same materials (or
with materials that satisfactorily simulate the appearance of the
original) in order to substitute for a feature that has been deteriorated
or extensively damaged.
RESTORATION
The act or process of accurately depicting the form, features
and character of a historic property as it appeared at a particular
period of time by means of the removal of features inappropriate to
that period and the reconstruction of missing but appropriate features.
The limited and sensitive upgrading of mechanical, electrical and
plumbing systems and other code-required work to make properties functional
is appropriate within the scope of restoration activities.
SECRETARY OF THE INTERIOR'S STANDARDS
The Secretary of Interior's Standards for the Treatment of
Historic Properties, as codified at 36 CFR Part 68, as amended, as
interpreted through and informed by the Design Guidelines.
[Added 6-13-2019 by Ord.
No. 2019-11; amended 2-23-2023 by Ord. No. 2023-1]
SITE
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.
STRUCTURE
Any man-made work arranged in a definite pattern of organization.
The following regulations shall apply to all landmarks in a district and to any other historic resources which are designated in accordance with the procedures outlined in §
123-9.
All uses permitted for a historic landmark or for structures
within a historic district shall be those designated by the Township
Zoning Ordinance. Such uses shall not be altered by further designation
as a historic district.
The maximum building height, minimum lot size, maximum coverage,
etc., shall be as provided in the Zoning Chapter for the respective
zones, except that the Planning Board may grant variances and waivers
from such regulations where necessary to preserve historic characteristics.
[Amended 6-13-2019 by Ord. No. 2019-11]
A. In conjunction with all applications presented to the Planning Board
for site plan, subdivision or variance approval(s) that relate to
land, buildings or structures within the established historic districts
or for any buildings, structures, sites or objects designated as a
historic landmark pursuant to this chapter, an applicant shall also
submit a copy of such application to the Historic Preservation Commission
for review. Such an application shall solely pertain to the proposed
development review.
B. The application shall be scheduled for review by the Historic Preservation
Commission at its next regular scheduled meeting, and preferably before
it is scheduled to be heard by the Planning Board. Upon completion
of its review, the Commission shall forward a report of its findings
to the Planning Board recommending an approval (with or without conditions)
or recommending denial. The recommendations shall be in the form of
a written report conveyed to the Planning Board. The report shall
also set forth the reasons for the specific recommendations based
upon the criteria contained in this chapter and also the Secretary
of the Interior's Standards.
C. The Historic Preservation Commission may provide its advice through
the Commission's delegation of one of its members or staff to testify
orally at the hearing on the application and to explain any technical
comments or recommendations as outlined in the written report.
D. The Commission's recommendations shall focus on how the proposed
undertaking would affect a landmark's historic or architectural significance,
and shall be guided by the documents submitted by the applicant, the
standards and design criteria for review of applications established
in this chapter, and the Secretary of the Interior's Standards.
E. The Planning Board shall not take action on any development application
request affecting a historic landmark or an improvement with a designated
historic district without first reviewing and giving significant weight
and consideration to the Commission's recommendations. In considering
the Commission's recommendations, the Planning Board shall also be
guided by the review criteria established by this chapter and the
Secretary of the Interior's Standards.
[Amended 6-13-2019 by Ord. No. 2019-11]
A. Applications for demolition. Upon receipt of an application for a
demolition permit, the Construction Code Officer shall immediately
refer same to the Commission for comment.
(1) The Commission shall first consider whether preservation of the historic
landmark in place is feasible or, failing that option, whether preservation
of the historic landmark at another location is feasible and practical.
In determining whether preservation of the historic landmark in place
is feasible, the following factors shall be considered:
(a)
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.
(b)
Its status with regard to the New Jersey and National Registers
of Historic Places; i.e., whether it is individually listed or eligible
to be listed; whether it is a part of a registered or eligible historic
district, and whether, within that district, it is a key, contributing
or noncontributing building.
(c)
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 difficulty.
(d)
The extent to which its retention would promote the general
welfare by maintaining and increasing real estate values, generating
business, creating new jobs, attracting tourists, students, writers,
historians, artists and artisans, attracting new residents, encouraging
study and interest and studying architecture and design, educating
citizens in American culture and heritage or making the municipality
a more attractive and desirable place in which to live.
(e)
The probable impact of its removal upon the ambience of the
historic district, if it is within a historic district.
(f)
Whether the site contains any extant archaeological resources.
(g)
Whether the historic landmark represents the last or best remaining
example of its kind in the Township that possesses research potential
or public education values.
(h)
Whether the historic landmark can be preserved by protecting
its location from disturbance.
(i)
Whether redesign of the development proposal to avoid impact
can result in the preservation of the building or structure in question.
(j)
The historic, architectural, aesthetic and social significance
of the structure or building and/or importance and uniqueness to the
Township and the extant archaeological resources.
(k)
Whether protective measures will result in the long-term preservation
of the historic landmark.
(l)
Whether the steps necessary to preserve the historic landmark
are feasible and practical.
B. In the event that the Commission determines that preventing demolition is not feasible and recommends that the demolition of a listed or contributing historic landmark be approved, the Commission shall be allowed to invoke the procedures set forth in §
123-14C.
C. Alterations and additions.
(1) The following factors shall be considered for an application for
alterations and/or additions affecting an individually designated
historic landmark, site or a building or structure within a designated
historic district:
(a)
Design and materials. The proposed design and materials shall
conform to the building's original architectural style.
(b)
Original qualities. The distinguishing original qualities or
character of a building, structure, or site and its environment shall
not be destroyed. The removal of alteration of any historic material
or distinctive architectural features shall be avoided.
(c)
Acquired significance. Changes that have taken place in the
course of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
(d)
Repair versus replacement. Deteriorated architectural features
(e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired
rather than replaced, wherever possible using the Secretary of the
Interior's standards for rehabilitation and appropriate guidelines
developed in keeping with these standards by the National Park Service.
In the event replacement is necessary, the new material should match
the material replaced in composition, design, color, texture, and
other visual qualities. Repair or replacement of missing architectural
features should be based on accurate duplications of features substantiated
by historic, physical, or pictorial evidence rather than conjectural
designs or the availability of different architectural elements from
other buildings or structures.
(e)
Design of alterations or additions. Contemporary design for
alterations and additions to existing properties shall not be discouraged
when such alterations and additions do not destroy significant historic,
architectural, or cultural material and such design is compatible
with the size, scale, color, material, and character of the property,
neighborhood, or environment. The proposed addition cannot exceed
more than 25% of the total above-grade enclosed and livable square
footage of the existing building or structure.
(f)
Character of alterations. Wherever possible, new additions and
alterations to buildings or structures shall be done in such a manner
that if such additions or alterations were to be removed in the future,
the essential form and integrity of the structure would be unimpaired.
(g)
Window and door openings.
[1]
Size, location and style. The number, size and locations of
original window and door openings shall be retained. Window and door
openings shall not be reduced to fit stock material. New window and
door openings shall not be added on elevations that are subject to
view from a public street. The replacement window or door shall be
of the same style and type that was originally used on the building
or structure.
[2]
Metal windows. Where appropriate to the building or structure
in question, metal windows shall be permitted to match the metal windows
which were used when the building or structure was originally built.
[3]
Key buildings. Fiberglass-clad, vinyl-clad and aluminum-clad
windows and doors are not acceptable on key buildings. New wood windows
and doors shall be historically and architecturally correct for the
building or structure.
[4]
Contributing buildings. Fiberglass-clad, vinyl-clad and aluminum-clad
windows and doors are not acceptable on the front facades of contributing
buildings. Nonwood surfaced window sashes, frames and doors and door
frames may be used on side and rear exposures of low public visibility
on contributing buildings that were originally wood windows and doors
when the substitute windows and doors are similar in design, width,
height and texture to the original wood windows or doors and will
not endanger the physical condition and structural life of the building
or structure. Pure vinyl windows are not permitted.
[5]
Noncontributing buildings. Nonwood surfaced window sashes, frames
and doors are acceptable as replacement windows or doors on noncontributing
buildings. Pure vinyl windows are not permitted.
[6]
Trim and adornments. Architectural trim and adornments must
be retained. Wrapping and/or packing-out of wood frames of windows
and doors is specifically not permitted.
D. New construction.
In regard to an application for new construction on vacant lots or
replacements affecting a historic landmark or site within a historic
district, the following factors shall be considered:
(1) Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2) Proportion of the building's front facade. The relationship of the
width of the building to the height of the front elevations shall
be visually compatible with buildings and places to which it is visually
related.
(3) Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with buildings and places to which it is visually related.
(4) Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
(5) Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
(6) Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7) Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8) Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9) Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
(10)
Rehabilitation: Supplemental design guidelines which should
be considered in evaluating the appropriateness of changes to a historic
landmark or within a historic district are as follows:
(a)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the building to which it is visually related.
(b)
Walls of continuity. Appurtenances of a building such as walls,
open type fencing, evergreens, landscape masses shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the main building with the buildings and places
to which it is visually related.
(c)
Exterior features. A structure's related exterior features such
as lighting, fences, signs, sidewalks, driveways, and parking areas
shall be compatible with the features of those structures to which
it is visually related, and shall be appropriate for the historic
period for which the structure is significant. New signage shall also
abide by any supplemental historic design graphic standards that may
be developed by the Commission for the district. It is not the intent
of this chapter to discourage contemporary architectural expression
or to encourage new construction which emulates existing buildings
of historic or architectural interest or of a certain period or architectural
style; but rather to preserve the integrity and authenticity of the
historic preservation districts and to ensure the compatibility of
new structures therein.
(d)
In regard to an application to demolish a historic landmark
or any improvement within a historic district, the following matters
shall be considered:
[1]
Its historic, architectural, cultural or scenic significance in relation to the criteria established in §
123-4.
[2]
If it is within a historic district, the significance of the
structure in relation to the historic character of the district 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 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, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design, or making the municipality
an attractive and desirable place in which to live.
[8]
If it is within a historic district, the probable impact of
its removal upon the ambiance of the historic district.
(e)
In regard to an application to move any historic landmark or
to move any structure within a historic district, the following matters
shall be considered:
[1]
The historic loss to the site of original location and the historic
district as a whole.
[2]
The reasons for not retaining the landmark or structure at its
present site.
[3]
The compatibility, nature and character of the current and of
the proposed surrounding areas as they relate to the protection of
interest and values referred to in this chapter.
[4]
If the proposed new location is within a district, visual compatibility factors as set forth in §
123-14B.
[5]
The probability of significant damage to the landmark or structure
itself.
[6]
If it is to be removed from Chesterfield Township, the proximity
of the proposed new location to the Town, including the accessibility
to the residents of the Town and other citizens.
[Amended 6-13-2019 by Ord. No. 2019-11]
A. Any person who shall undertake an activity which would cause a change
in the exterior architectural appearance of any improvement within
a historic district or, of any historic landmark, by addition, alteration,
or replacement without first obtaining the approval of the Historic
Preservation Commission shall be deemed to be in violation of this
section.
B. Any person who shall undertake any new construction within a historic
district, or on property containing any historic landmark, without
first obtaining the approval of the Historic Preservation Commission
shall be deemed to be in violation of this section.
C. Upon learning of a violation of this section, 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 restoring the landmark
or improvement to the condition it was in prior to the violation occurring.
If the owner cannot be personally served within the municipality with
the said notice, a copy shall be posted on the site and a copy sent
to the owner at his last known address as it appears on the municipal
tax rolls.
D. Any person who violates §
123-16A or §
123-16B, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the landmarks affected, pending a decision. If the project is denied, he shall immediately restore the landmark to its pre-activity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to §
123-16C hereof. Such injunctive relief shall be in addition to the penalties authorized under § 123-16G hereof.
E. In the event that any action which would permanently affect a historic
landmark or historic district or a demolition to remove the landmark
is about to occur without approval having been issued, the Zoning
Officer is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
F. The Historic Preservation Commission secretary, in the absence of
the Zoning Officer or at such other times as may be permitted by law
or as directed by the Township Administrator, shall perform all of
the duties of the Zoning Officer that were granted to said officer
by this section.
[Amended 2-23-2023 by Ord. No. 2023-1]
G. The penalty for violations of this section shall be as follows:
(1) For each day up to 10 days, not more than $100 per day.
(2) For each day from 11 days to 25 days, not more than $150 per day.
(3) For each day beyond 25 days, not more than $200 per day.