[Ord. No. 2000-07 § 1A-1]
This chapter shall be known by and may be referred to by the
short title of the Historic Preservation Regulations of the Borough
of South Bound Brook.
[Ord. No. 2000-07 § 1A-2]
a.
There is hereby created in and for the Borough of South Bound Brook
a commission to be known as the Historic Preservation Advisory Commission,
referred to in this ordinance as the Commission.
b.
In adopting this chapter, it is the intention of the Council of the
Borough of South Bound Brook to create an agency which will work with
and advise the Planning/Zoning Board on the effect of development
applications on designated historic landmarks or improvements within
an historic district. In addition, the Commission shall review all
development activities involving the exterior of an historic landmark
or an improvement within an historic district.
c.
This chapter does not require or prohibit any particular architectural
style; rather its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end, new construction
upon or near a landmark should not necessarily duplicate the exact
style of the landmark; it must be compatible with and not detract
from the landmark.
d.
Historic districts or landmarks nay be established as an overlay
zoning district to the Borough of South Bound Brook zoning map according
to the criteria enacted by this chapter.
[Ord. No. 2000-07 § 1A-3]
These historic preservation regulations are intended to effect
and accomplish the protection, enhancement and perpetuation of especially
noteworthy examples or elements of the Borough's environment
in order:
a.
To safeguard the heritage of South Bound Brook by preserving resources
within the Borough which reflect elements of its cultural, social,
economic and architectural history;
b.
To encourage the continued use of historic landmarks and to facilitate
their appropriate use;
c.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects, or districts within the Borough of South Bound Brook;
d.
To stabilize and improve property values within the district and
foster civic pride in the built environment;
e.
To promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population;
f.
To encourage beautification and private reinvestment;
g.
To manage change by preventing alterations and new construction not
in keeping with the district;
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 Borough;
m.
To promote the conservation of historic sites and districts and to
invite and encourage voluntary compliance.
[Ord. No. 2000-07 § 1A-4]
As used in this chapter:
Shall mean the construction of a new improvement as part
of an existing improvement when such new improvement changes the exterior
architectural appearance of any landmark.
Shall mean the person designated by the Borough Council to
handle the administration of historic project review applications
as well as the coordination of building permit applications as referenced
in the ordinance.
Shall mean any development activity which alters the exterior
architectural appearance of an historic landmark or any improvement
within an historic district.
Shall mean 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.
Shall mean a structure created to shelter human activity.
Shall mean partial or total razing or destruction of any
landmark or of any improvement within an historic district.
Shall mean the condition of being in need of repairs; a structure
or building in disrepair.
Shall mean a geographically definable area, urban or rural,
small or large, possessing a significant concentration, linkage, or
continuity of sites, buildings, structures and/or objects which viewed
collectively:
Represent a significant period(s) in the development of the
town; or
Have a distinctive character resulting from their architectural
style; or
Because of their distinctive character can readily be viewed
as an area or neighborhood distinct from surrounding portions of the
town.
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Resources within an historic district shall be classified as
either key, contributing, or non-contributing which are defined as:
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Key – Shall mean any buildings, structures, sites or objects
which, due to their significance, would individually qualify for landmark
status.
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CONTRIBUTINGShall mean any building, 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.
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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.
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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:
Of particular historic significance to the Borough of South
Bound Brook by reflecting or exemplifying the broad cultural, political,
economic or social history of the nation, state or community; or
Associated with the historic personages important in national,
state or local history; or
The site of an historic event which had a significant effect
on the development of the nation, state or community; or
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work or works of a locally, regionally
or nationally important or recognized builder, designer, artist or
architect; or
Significant for containing elements for design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
Shall mean the body which, for the purposes of this chapter,
acts as the historic preservation commission cited in the Municipal
Land Use Law N.J.S.A. 40:5513-1, et seq.
Shall mean any structure or any part thereof installed upon
real property by human endeavor and intended to be kept at the location
of such construction of installation for a period of not less than
120 continuous days.
Shall mean 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.
Shall mean repairing any deterioration, wear or damage to
a structure, or any part thereof, in order to return the same as nearly
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.
Shall mean a zoning district made up of underlying zone districts
or parts of some zone districts as shown on the Borough Zoning Map.
An overlay zone district controls certain standards with the exception
of bulk and use requirements, which are controlled by the underlying
zone district(s).
Shall mean any work done on any improvement which:
Shall mean repairs affecting the exterior architectural appearance
of a structure.
Shall mean to partially or completely cause a structure or
portion of a structure to change to another location, position, station
or residence.
Shall mean the place where a significant event or pattern
of events occurred. It may be the location of prehistoric or historic
occupations or activities that may be marked by physical remains;
or it may be the symbolic focus of a significant event or pattern
of events that may not have been actively occupied. A site may also
be the location of a ruined building, structure, or object of the
location itself possesses historic, cultural, or archeological significance.
Shall mean any man-made work arranged in a definite pattern
of organization.
Shall mean a zoning district which forms a constituent part
of an overlay zone district. Underlying zone districts control bulk
and use requirements.
[Ord. No. 2000-07 § 1A-5]
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 Section 27-9.
[Ord. No. 2000-07 § 1A-6]
All uses permitted for an historic landmark or for structures
within an historic district shall be those designated by the Official
Zoning Map. Such uses shall not be altered by further designation
as an historic district.
[Ord. No. 2000-07 § 1A-7]
The maximum building heights, maximum lot size, minimum coverage,
etc., shall be as provided in the zoning ordinance for the respective
zones, except that the Planning/Zoning Board may grant variances and
waivers from such regulations where necessary to preserve historic
characteristics.
[Ord. No. 2000-07 § 1A-8]
a.
The Historic Preservation Advisory Commission shall consist of nine
members and two alternates who shall serve without compensation, except
the commission members shall be reimbursed for reasonable and necessary
expenses incurred in the performance of official business, including
attendance at annual training sessions and/or programs that relate
to historic preservation, within the guidelines of the budget established
by the Borough Council for the Commission.
b.
The Commission positions shall be filled by people who are interested
in and qualified to contribute to the preservation of historic buildings,
structures, sites, objects, and districts. The Commission shall represent
the following categories:
Class A — persons whose qualifications are consistent
with Appendix A, N.J.'s Certified Local Government Guidelines
approved, as amended by National Park Service;
Class B — persons who are knowledgeable or have
a demonstrated interest in local history;
Class C — Persons who are residents of the Borough.
There shall be at least one member from each Class A and Class
B; these members may reside outside the municipality.
c.
The Commission members and alternates shall be appointed by the Mayor
and shall serve for five year terms, except that of the first members
appointed, three members shall serve for three years, three members
shall serve for four years, three members shall serve for five years.
All members may, at the expiration of their terms be eligible for
appointment to five year terms. Vacancies shall be filled within 60
days in the same manner in which the previous incumbent was appointed
and such vacancy appointment shall be only for the balance of the
unexpired term.
d.
The Commission shall adopt internal rules and procedures for the
transaction of its business, subject to the following:
1.
The Commission shall elect from its members a President and a Vice
President.
2.
A quorum for the transaction of all business shall be five members.
3.
All Commission minutes and records are public records and all Commission
meetings shall comply with the Open Public Meetings Act N.J.S.A. 10:4-7,
et seq.
4.
The Commission shall employ, designate or elect a secretary who need
not be a member of the Commission. The secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations and decisions. All
such materials shall be public record.
5.
Commission meetings shall be scheduled a minimum of four times a
year or as often as required to fulfill its obligations to advise
the Planning/Zoning Board or Borough Council.
e.
No Commission member shall be permitted to act on any matter in which
he or she has either directly or indirectly any personal or financial
interest.
f.
A member of the Borough of South Bound Brook Council shall be designated
as liaison between the Historic Preservation Advisory Commission and
the Council. No more than two members of the Council may serve on
the Commission at one time. If there are no Council members on the
Commission one shall be designated as liaison to the Commission.
g.
Duties. The Historic Preservation Advisory Commission shall be responsible:
1.
To review historical survey material and, if necessary, to update
said material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's
integrity or condition.
2.
To recommend to the Planning/Zoning Board and the Borough Council any additional sites to be designated as historic landmarks in accordance with the procedures established in Section 27-9.
3.
To conduct research on and, if necessary, to nominate any additional
significant resources to the State and National Register of Historic
Places. If the Borough is certified under the state's Certified
Local Government (CLG) Program, the Commission shall, in accordance
with the state's CLG guidelines, review and comment on all State
and National Register nominations for historic resources within the
Borough of South Bound Brook.
4.
To advise the Planning/Zoning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in Section 27-11.
5.
To review all proposed actions, including those involving building permit applications, which affect the exterior architectural appearance of historic landmarks or improvements within an historic district. To advise the Planning/Zoning Board on the approval of said requests in accordance with the procedure established in Section 27-12.
6.
To review all proposed actions and applications for actions affecting the exterior architectural appearance of an historic landmark or an improvement within an historic district and to make recommendations to the Planning/Zoning Board in accordance with the criteria outlined in Section 27-13.
7.
To assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation.
8.
To advise the Borough Council on the relative merits of proposals
involving public lands to restore, preserve and protect historical
buildings, places and structures, including the preparation of long
range plan; therefor securing state, federal and other grants in aid
to assist therein and monitoring such projects once underway.
9.
To secure the voluntary assistance of the public and (within the
limits of the budget established by the Borough Council for the Historic
Preservation Advisory Commission's operation) to retain consultants
and experts and incur expenses to assist the Historic Preservation
Advisory Commission in its work.
10.
To cooperate with local, county, state, or national historic societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this chapter.
11.
To request the Borough Council or its designated agent to seek, on
its own motion or otherwise, injunctive relief for violations of this
chapter or other actions contrary to the intent and purposes of this
chapter.
12.
To advise and assist the Planning/Zoning Board during the preparation
and/or update of the Municipal Master Plan and the historic preservation
plan element of the Master Plan.
13.
To prepare and distribute an historic guideline handbook to be utilized
for application reviews and foster appropriate rehabilitation within
the historic districts.
14.
To consult with the South Bound Brook Historic and Preservation Society
on all matters pertaining to the protection of the Borough's
historic resources.
15.
To advise and assist property owners and other persons and groups
including neighborhood organizations who are interested in historic
preservation.
16.
To undertake educational programs, including (I) the preparation
of publications aimed at stimulating interest in and sensitivity to
historic preservation and (2) the placing of historic markers on structures.
17.
To report at least annually to the Borough Council on the state of
historic preservation in the Borough and recommend measures to improve
same.
18.
To collect and disseminate material on the importance of historic
preservation and techniques for achieving same.
19.
To advise all municipal agencies regarding goals and techniques of
historic preservation.
20.
To adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
21.
To perform any other lawful activities which shall be deemed necessary
to further the purposes of this chapter.
[Ord. No. 2000-07 § 1A-9]
a.
The Commission shall consider for landmark designation any buildings,
structures, objects, sites, and districts within the Borough which
merit landmark designation and protection, possessing integrity of
location, design, setting, materials, workmanship of association and
being:
1.
Of particular historic significance to the Borough of South Bound
Brook by reflecting or exemplifying the broad cultural, political,
economic, or social history of the nation, state, or community; or
2.
Associated with historic personages important in national, state,
or local history; or
3.
The site of an historic event which had a significant effect on the
development of the nation, state, or community; or
4.
An embodiment of the distinctive characteristics of a type, period,
or method of architecture or engineering; or
5.
Representative of the work of an important builder, designer, artist
or architect; or
6.
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation; or
7.
Able or likely to yield information important in prehistory or history.
b.
Based on its review or upon the recommendation of other municipal
bodies or of concerned citizens, the Commission may make a list of
additional landmarks recommended for designation. For each landmark,
there shall be a brief description of the landmark, of the landmark's
significance pursuant to criteria in Section 17-9a, a description
of the landmark's location and boundaries, and a map siting.
The Commission shall, by certified mail:
c.
The list of potential additional landmarks as well as the descriptions,
significance, location, boundaries, and map siting of each shall be
subject to review at a Commission public hearing. At least 10 days
before such a hearing, a preliminary list and map showing proposed
additional landmarks shall be published, together with notice of the
hearing, in an official newspaper of the municipality. At the hearing
interested persons shall be entitled to present their opinions, suggestions
and objections on the proposed recommendations for landmark designation.
The Commission shall then prepare a concise report, including a list
and a map of its recommendations for sites to be designated as local
landmarks. Copies of the report shall be delivered to the Mayor, the
Borough Council, the Planning/Zoning Board and the Borough Clerk and
a notice of action published by the Commission Secretary in an official
newspaper of the Borough. The published notice shall state the Commission's
recommendations and also that final designation shall be made by the
Borough Council at a public meeting specified on a date not less than
15 nor more than 45 days from the date of publication. The Borough
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 may be amended in the same manner it was adopted. Upon
adoption, the designation list and map shall also be incorporated
by reference into the municipal master plan and zoning ordinance as
required by State enabling legislation.
d.
Copies of the designation list and official map as adopted shall
be made public and distributed to all municipal agencies reviewing
development applications and building 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.
[Ord. No. 2000-07 § 1A-10]
a.
All permits and development applications involving all development activities that affect an historic landmark or an improvement within an historic district shall be reviewed by the Commission, except as set forth in Section 27-10b. Such review shall be required for, but not limited to, the following actions:
1.
Demolition of an historic landmark or of an improvement within an
historic district.
2.
Relocation of any improvement within an historic district or of any
historic landmark.
3.
All changes in the exterior architectural appearance of any improvement
within an historic district or of any historic landmark by addition,
alteration or replacement.
4.
Any new construction of an improvement in an historic district.
5.
Site plans or subdivisions affecting an historic landmark or an improvement
within an historic district.
6.
Zoning variances affecting an historic landmark or an improvement
within an historic district.
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In making a recommendation on an application, the Commission
shall be aware of the importance of finding a way to meet the current
needs of the applicant. The Commission shall also recognize the importance
of making recommendations that will be reasonable for this applicant
to carry out. Before an applicant prepares his plans, he may bring
a tentative proposal to the Commission for informal review and comment.
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b.
Review by the Commission is not required:
1.
When an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with Borough codes, without necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability oldie structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in Section 27-13 and the guidelines for review of applications as adopted by the Planning/Zoning Board in accordance with Section 27-3.
2.
For changes to the interior of structures.
3.
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require Commission review according to this criteria:
(a)
Repair of existing windows and doors, using the same material.
Installation of storm windows that are compatible with the architectural
period or design of the subject structure.
(b)
Maintenance and repair of existing roof material, involving
no change in the design, scale, material or appearance of the structure.
(c)
Repair of existing roof structures, such as cupolas, dormers
and chimneys, using the same materials, which will not alter the exterior
architectural appearance of the structure.
(d)
Replacement in kind of existing shingles, clapboards, or other
siding maintaining the architectural integrity of the structure.
(e)
Maintenance and repair of existing shingles, clapboards or other
siding, using the same materials that are being repaired or maintained.
(f)
Exterior painting of existing structures.
(g)
Repairs to existing signs, shutters, outdoor displays, fences,
hedges, street furniture, awnings, off-street driveway and parking
materials and sidewalks, using the same material for those items noted
above being repaired.
c.
In the event that the Zoning Officer/Construction Official of the
Borough of South Bound Brook shall determine that a building permit
and/or development application involving any development activity
that would affect an historic landmark or an improvement within an
historic district is not needed, then the property owner and/or tenant
of the property on which changes, alterations or improvements are
proposed to be made shall make application directly to the Commission.
Such applications shall be made to the Commission regarding:
1.
All changes in the exterior architectural appearance of any improvement
within an historic district or of any historic landmark by addition,
alteration or replacement.
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The Commission shall hear such applications, employing its procedures
used for all other applications, and will render its findings in accordance
with those procedures. The findings of the Commission, in such cases,
shall be enforceable by the Zoning Officer/Construction Official.
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[Ord. No. 2000-07 § 1A-11]
a.
For all applications presented to the Planning /Zoning Board which affect an historic landmark or an improvement within an historic district, the property owner shall submit an "Historic Landmark Project Review Application" to the Planning/Zoning Board along with the request for the Board's approval. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with procedures outlined in Section 27-12.
b.
The Planning/Zoning Board will forward to the Commission a complete
set of all application materials as well as the Historic Landmark
Project Review Application. The Commission shall be allowed at least
14 days from the day it receives a complete application to prepare
its recommendation to the Planning/Zoning Board. Said recommendations
shall be in the form of a written report which shall be forwarded
to the Board.
c.
The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in Section 27-4. In considering the Commission's recommendations, the Planning/Zoning Board shall be guided by the review criteria established in Section 27-13.
[Ord. No. 2000-07 § 1A-12]
a.
Prior to undertaking any action affecting the exterior architectural
appearance of an historic landmark or an improvement within an historic
district, the property owner shall complete and submit to the Commission's
administrative officer an Historic Landmark Project Review Application.
b.
If the proposed undertaking requires a building permit, the administrative
officer shall notify the applicant that he or she must submit an Historic
Landmark Project Review Application to the Historic Preservation Advisory
Commission. This includes, but is not limited to, permits for new
construction, demolition, alterations, additions, or replacements
affecting the exterior architectural appearance of an historic landmark
or an improvement within an historic district.
c.
The Commission's administrative officer shall review the application
for technical completeness. Any application found to be incomplete
shall be returned to the applicant within 10 days of receipt of the
application.
d.
When an application is found to be technically complete, the administrative
officer shall schedule the application to be reviewed at the Commission's
next regularly scheduled meeting. The applicant shall be notified
of the meeting date and shall be allowed an opportunity to speak at
the meeting.
e.
The Commission, through its administrative officer, shall recommend to the construction official either the approval or denial of the application and shall explain in writing the reasons for their recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in Section 27-4.
f.
An application involving demolition or removal shall be referred by the administrative officer to the Planning/Zoning Board. The Commission's recommendation to the Planning/Zoning Board shall specifically include whether postponement should be considered by the Planning/Zoning Board in accordance with Section 27-14. If the Planning/Zoning Board votes to postpone, the Commission shall undertake such investigation and take such actions as the Planning/Zoning Board requests.
g.
If the proposed undertaking involves a request for a building permit, the administrative officer shall upon receipt of the Commission's recommendation, but no later than 45 days from the date that a complete application is received by the Commission, issue the appropriate directive to the construction official. Failure to report within the 45-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit. In considering the Commission's recommendations, the construction official shall be guided by the review criteria established in Section 27-13 and shall follow the recommendation of the Commission unless for good cause his/her opinion shall differ. In such case, the Zoning Officer/Construction Official shall state his/her reasons in writing.
h.
If the proposed undertaking will change the exterior architectural
appearance of any improvement within an historic district or of any
historic landmark by addition, alteration or replacement, but does
not require a building permit and/or Planning/Zoning Board review,
the property owner or designated representative shall complete and
submit to the Commission's administrative officer an Historic
Landmark Project Review Application.
i.
The Commission's administrative officer shall review the application
for technical completeness. Any application found to be incomplete
shall be returned to the applicant within 10 days of receipt of application.
j.
When an application is found to be technically complete, the administrative
officer shall schedule the application to be reviewed at the Commission's
next regularly scheduled meeting. The applicant shall be notified
of the meeting date and shall be allowed an opportunity to speak at
the meeting.
k.
The Commission, through its administrative officer, shall recommend to the Planning/Zoning Board either the approval or denial of the application and shall explain in writing the reasons for its recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in Section 27-4.
l.
In considering the Commission's recommendations the Planning Zoning Board shall be guided by the review criteria established in Section 27-13 and shall follow the recommendations of the Commission unless for good cause its opinion shall differ. In such a case, the Planning/Zoning Board shall state its reasons in writing.
[Ord. No. 2000-07 § 1A-13; Ord. No. 2002-05]
In reviewing an application for its effect on an historic landmark or an improvement within an historic district, the following criteria shall be used by the historic Preservation Advisory Commission and the Planning/Zoning Board and such criteria shall be consistent with the Secretary of Interior's Standards of Rehabilitation. The criteria set forth in Section 27-13a relate to all projects affecting an historic landmark or an improvement within an historic district. The criteria set forth in Section 27-13b relate to specific types of undertakings and shall be used in addition to the general criteria set forth in Section 27-13a.
a.
In regard to all applications affecting an historic landmark or an
improvement within an historic district, the following factors shall
be considered:
1.
The impact of the proposed change on the historic and architectural
significance of the landmark or the historic district.
2.
The landmark's importance to the municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
3.
The use of any structure involved.
4.
The extent which the proposed action would adversely affect the public's
view of a landmark or structure within an historic district from a
public street.
5.
If the application deals with a structure within an historic district,
the impact the proposed change would have on the district's architectural
or historic significance 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.
b.
In regard to an application for new construction, alterations, additions,
or replacements affecting an historic landmark or an improvement within
an historic district, the following factors shall be considered:
1.
Height. The height of the proposed buildings 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 the 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 the 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.
c.
In regard to an application for new construction, alterations, additions,
or replacements affecting an historic landmark or an improvement within
an historic district, the following factors shall be considered:
1.
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.
2.
Walls of Continuity. Appurtenances of a building such as walls, open
type fencing, evergreens, landscape masses, should 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 which
it is visually related.
3.
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.
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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 insure
the compatibility of new structures therein.
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d.
In regard to an application to demolish an historic landmark or an
improvement within an historic district, the following factors shall
be considered:
1.
Its historic, architectural, cultural or scenic significance in relation to the criteria established in Section 27-4.
2.
If it is within an 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 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
and 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 its removal 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 an historic district, the probable impact of its
removal upon the ambience of the historic district.
e.
In regard to an application to move any historic landmark or to move
any structure within an 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.
Or the proposed new location is within a district, visual compatibility factors as set forth in Section 27-13b.
5.
The probability of significant damage to the landmark structure itself.
6.
When it is to be removed from the Borough of South Bound Brook, the
proximity of the proposed new location to the Borough, including the
accessibility to the residents of the Borough and other citizens.
[Ord. No. 2000-07 § 1A-14; Ord. No. 2002-05]
a.
Approval by either the Zoning Officer/Construction Official or the Planning Zoning Board in accordance with the procedures in Sections 27-11 and 27-12 shall be deemed to be final approval pursuant to this chapter. Such approval shall neither range nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in an historic district.
b.
Denial of approval for a development application or of a building
permit shall be deemed to bar the applicant from undertaking the activity
which would affect the landmark or improvement in an historic district
which was the subject of the denied application.
c.
The Planning/Zoning Board, upon affirmative vote of a majority of
its full membership, may postpone demolition of a landmark for up
to one year. The Commission and the Planning/Zoning Board may utilize
this time period to consult with the Somerset County Cultural and
Heritage Commission, The New Jersey Department of Environmental Protection,
or other similarly qualified organizations to ascertain how the town
may preserve the building and/or the premises. The Commission shall
be empowered to assist the owner in developing plans to preserve the
structure when moving or demolition thereof would be a great loss
to the Borough. When an applicant wishes to demolish a landmark, a
building or a structure on a landmark site or a building or structure
in an historic district, the Commission shall negotiate with the applicant
to see if an alternative to demolition can be found. No municipal
official shall issue a demolition permit for a landmark without review
from the Commission and Planning/Zoning Board approval. If it determines
to postpone demolition, the Planning/Zoning Board may request that
the Borough Council initiate such actions as may lead to the preservation
of the premises within the one year hiatus.
In its review of an application to demolish a site, the Commission
may require the applicant to prepare a financial analysis which may
include any or all of the following:
1.
Amount paid for the property, date of purchase, and party from whom
purchased, including a description of the relationship, whether business
or familial, if any, between the owner and the person from whom the
property was purchased;
2.
Assessed value of the land and improvements thereon according to
the most recent assessment;
3.
For depreciable properties, a pro forma financial statement prepared
by an accountant or broker of record;
4.
All appraisals obtained by the owner in connection with his/her purchase
or financing of the property, or during his/her ownership of the property,
5.
Bona fide offer of the property for sale or rent, price asked and
offers received, if any;
6.
Any consideration by the owner as to viable, adaptive uses for the
property.
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The Commission shall study whether the site or property in the
historic district can be put to reasonable beneficial use, under existing
zoning, without the approval of the demolition application.
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Prior to the issuance of a demolition permit, the Planning/Zoning
Board may require the applicant to provide documentation of the resource
proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, archeological survey, and any other
comparable form of documentation stipulated by the Commission.
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During the demolition, either members of the Commission or the
Somerset County Cultural and Heritage Commission shall be present
to save, protect, and/or receive valuable parts of the building. There
shall be an ability on the part of the Commission to conduct a dig
at the site, if necessary. The site shall be properly restored after
demolition, to include grading and landscaping.
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d.
When the Commission determines that an application before it be denied
or its approval made subject to specific condition; which are found
to be unacceptable to the applicant, then an appeal therefrom shall
lie to the Planning/Zoning Board of Adjustment. Should, as a result
of the subsequent decision by the Planning/Zoning Board, the applicant
wish to seek further redress, then such appeal shall be filed for
review directly to any court of competent jurisdiction according to
law and pursuant to the laws of the court.
e.
The granting or denial of approval for a building permit by the construction
official may be appealed to the Planning/Zoning Board in the same
manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-72
from any action by the administrative officer.
[Ord. No. 2000-07 § 1A-15]
a.
Any person who shall undertake an activity which would cause a change
in the exterior architectural appearance of any improvement within
an historic district or of any historic landmark by addition, alteration
or replacement without obtaining the review of the Historic Preservation
Advisory Commission, shall be deemed to be in violation of this chapter.
b.
Upon learning of the violation, the Zoning Officer/Construction Official
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 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.
c.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer/Construction
official shall cause to be issued a summons and complaint, returnable
in the municipal court, charging violation of this chapter and specifying
the wrongful conduct of the violator. Each separate day the violation
exists shall be deemed to be a new and separate violation of this
chapter.
e.
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic landmark by addition, alteration or replacement without first having obtained approval of the Historic Preservation Advisory Commission, he/she 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/she shall immediately restore the landmark its pre-activity status. The Zoning Officer/Construction Official 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 Section 27-15b hereof. Such injunctive relief shall be in addition to the penalties authorized under 27-15d.
f.
In the event that any action which would permanently affect an historic
landmark or historic district, or a demolition to remove the landmark
is about to occur without approval having been issued, the Zoning
Officer/Construction Official is empowered to apply to the Superior
Court of New Jersey for injunctive relief as is necessary to prevent
such actions.
g.
The Historic Preservation Advisory Commission secretary, in the absence
of the Zoning Officer/Construction Official or at such times as may
be permitted by law or as directed by the Mayor, shall perform all
of the duties of the Zoning Officer/Construction Official that were
granted to said officer by this chapter.
[Ord. No. 2000-07 § 1A-16]
a.
Pursuant to PI,. 1979, c.59 (40:10A-1 et seq.), there is hereby established
the position of Local Historian in the Borough of South Bound Brook,
whose term shall be for one (I) year.
b.
The Local Historian shall have the following powers and responsibilities:
1.
To carry out an historical program, including but not restricted
to collecting, preserving and making available materials relating
to the history of the Borough of South Bound Brook. The historian
shall store such materials in such manner as to ensure their preservation
and shall notify the Governing Body of any materials which should
be acquired for preservation. Upon leaving the position, the Local
Historian shall turn over all materials and records and reports into
the possession of the successor appointed or to the Governing Body
until a successor shall be appointed;
2.
To make an annual report to the Governing Body, stating all the work
performed and accomplished during that year. The Local Historian shall
transmit a copy of such report to the New Jersey Historical Commission;
3.
May research, write and cause to have published a municipal history
and may recommend appropriate historical materials for publication;
4.
May assist the Historical Preservation Advisory Commission, as well
as advise the Governing Body, concerning the acquisition, administration
and use and disposition of any landmark or historic site, including
such places in his/her jurisdiction included on the State and National
or Local Registrar of Historical Places;
5.
Shall assist in projects of commemoration, including the erection
of monuments, historic markers and guide signs.
c.
The Local Historian shall serve without compensation.
[Ord. No. 2000-07 § 1A-17]
a.
No duties or powers of the Historic Preservation Advisory Commission
shall supersede or infringe on the powers of other Borough boards
and committees.
