[Ord. No. 11-2017]
This Chapter shall be known by and may be referred to by the
title of the "Historic Preservation Ordinance of the City of South
Amboy."
[Ord. No. 11-2017]
The provisions of this Chapter are intended to effect and accomplish
the protection, enhancement and perpetuation of especially noteworthy
examples or elements of the City's environment in order to:
Safeguard the heritage of South Amboy by preserving resources
within the City which reflect elements of its cultural, social, economic
and architectural history.
Encourage the continued use of historic and/or noteworthy buildings,
structures, objects and sites and to facilitate their appropriate
reuse.
Maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
sites and districts within the City.
Stabilize and improve property values within the City.
Foster civic pride in the history and architecture of the City.
Encourage proper maintenance of and reinvestment in buildings
and structures within the City.
Provide guidance on alteration of historic buildings and sites
to ensure compatibility with the existing built environment and the
Master Plan of the City.
Discourage the unnecessary demolition or other destruction of
historic resources.
Further the public's knowledge of the history and development
of the City as well as its appreciation of the City's historic sites.
Enhance the visual and aesthetic character, diversity, continuity
and interest in the City and its neighborhoods.
Encourage beautification and private investment in the City.
Promote the economic welfare of the City through the preservation
of its historic sites and landscapes.
[Ord. No. 11-2017]
The City Council finds and declares that many improvements,
as herein defined, having special character or a special historical
or aesthetic interest or value and many improvements representing
the finest architectural products of distinct periods in the history
of the City have been uprooted, notwithstanding the feasibility of
preserving and continuing the use of such improvements and without
adequate consideration of the irreplaceable loss to the people of
the City and its visitors of the aesthetic, cultural and historical
values represented by such improvements. The City Council also finds
and declares that the quality of life in South Amboy cannot be maintained
or enhanced by disregarding the historical and architectural heritage
of the City and by countenancing the destruction of such cultural
assets. The City Council further finds that the historic heritage
of the City is among its most valued and important educational, cultural
and economic assets. The City Council therefor declares as a matter
of public policy that the protection, enhancement, perpetuation and
use of improvements of special character or aesthetic interest or
value is a public necessity and is required in the interest of the
health, prosperity, safety and welfare of the people. The City Council
wishes to provide for the protection of historic districts, sites
and structures within the City in order to:
Protect and improve the quality of its environment through identification,
recognition, conservation, maintenance and enhancement of districts,
sites, structures, fixtures and open spaces which constitute or reflect
distinctive features of the political, economic, social, cultural
or architectural history of the City and its distinctive physical
features.
Safeguard the City's historic, aesthetic and cultural heritage
as embodied and reflected in such districts, sites, structures, fixtures
and open spaces.
Foster appropriate use and wider public knowledge and appreciation
of such features, districts, landmarks and open spaces.
Foster a sense of community and a feeling of civic pride in
the beauty and noble accomplishments of the past.
Enhance the City's attractions to visitors and the support and
stimulus to business and industry thereby provided.
Make the City more attractive and encourage residents to remain
in South Amboy as well as attract new residents.
Strengthen the economy of South Amboy and stabilize and improve
property values herein.
Promote the use of landmarks for the education, pleasure and
welfare of the people of South Amboy and its visitors.
Encourage private and public efforts in support of such purposes
and, by furthering such purposes, promote the public welfare, strengthen
the cultural and educational life of the City and make the City a
more attractive and desirable place to live and work.
[Ord. No. 11-2017]
As used in this Chapter, the following terms shall have the
meanings indicated:
ADDITION
An extension or increase in building size, floor area or
height.
ALTERATION
Any change in the exterior architectural features of any
improvement or addition.
APPLICATION
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
The application form and all accompanying documents required
by ordinance to the Planning Board for approval of a major or minor
subdivision plat, site plan, planned development, conditional use,
zoning variance or the direction of the issuance of a permit.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
CERTIFICATE OF APPROPRIATENESS (OR C/A)
That document issued by the Historic Preservation Commission
required before work commences on any landmark or any building, structure,
site or object located within a landmark district.
COMMISSION
The Historic Preservation Commission established pursuant
to the provisions of this article.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction
permits in the City.
DEMOLITION
The partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any building, structure,
object or site. "Demolition" includes the removal of a building, structure
or object from its site or the removal or destruction of the facade
or surface.
DESIGNATED PROPERTY OR DISTRICT
An individual building, structure, site, object or district
which has been designated as having historical, architectural, cultural,
aesthetic or other significance pursuant to the provisions of this
article.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to the Municipal
Land Use Law.
EXTERIOR ARCHITECTURAL FEATURE
The architectural style, design, general arrangement and
components of all outer surfaces of an improvement, as distinguished
from the interior architectural features enclosed by said exterior
surfaces, including but not limited to the kind, color and texture
of the building material and type and style of all windows, doors,
lights, signs, decorative elements and other fixtures appurtenant
to such improvements.
HISTORIC
Having historical, architectural, cultural, aesthetic or
other significance, as defined by the provisions of this article.
HISTORIC DISTRICT
A geographic area with clearly defined boundaries within
the City of South Amboy including all improvements therein
IMPROVEMENT
A building or other structure or any work constituting a
man-made alteration of or addition to any site.
INTEGRITY
The authenticity of the historic identity of a building,
structure, site, object or district evidenced by the survival of the
physical characteristics that existed during its historic or prehistoric
period.
INTERESTED PARTY
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
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
architectural, cultural, scenic or archaeological significance.
LANDMARK DISTRICT OR DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
MASTER PLAN
The Master Plan of the City of South Amboy, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an
historic landmark or a key or contributing resource in an historic
district;
Does not involve an addition to an historic landmark or a
property in an historic district or new construction in an historic
district;
Is a request for approval of fences, signs, awnings, lighting,
paving or streetscape work which, in the opinion of the Minor Application
Subcommittee, will not substantially affect the characteristics of
the historic landmark or the historic district; or
Is a request for a field change for a certificate of appropriateness
which has already been issued and which meets the criteria?
MINOR EXTERIOR WORK
Any change in, addition to or removal from the parts, elements
and materials comprising a structure where such change, addition or
removal does not constitute a structural alteration and is of such
nature that it may lawfully be accomplished without a building permit.
MUNICIPAL LAND USE LAW
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.
OBJECT
A material thing of functional, aesthetic, cultural, historic,
scenic or scientific value that may be, by nature or design, movable,
yet related to a specific setting or environment.
ORDINANCE
A legislative act of the governing body of a municipality
adopted in accordance with statutory requirements as to notice, publication
and public hearing as required by law.
OWNER
Any person having a right, title or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition or other work with respect to such
property.
PERMIT
Any City approval for exterior work to be performed on any
landmark or on any building, structure, object or site located within
a landmark district, which exterior work will be subject to public
view. Said permit shall include but not be limited to a building permit,
a demolition permit or a permit to move, convert, relocate or remodel
or to change the use or occupancy of any landmark or any building,
structure, object or site located within a landmark district. "Permit"
shall also include all exterior work to be performed on fences, signs,
porches, railings, steps, lighting and sidewalks and any other work
subject to public view which would alter the exterior appearance of
landmarks or properties located within a landmark district or their
sites.
REHABILITATION
Any repair or alteration that preserves significant historical
or architectural features.
RESTORATION
The historically accurate repair or replacement of architectural
features.
SITE
Any real property, whether public or private, with or without
improvements, which is the location of a significant event or series
of events, a prehistoric or historic occupation or activity, or a
building, structure or object or any configuration, portion or group
of the foregoing which has been designated by the Commission as having
historical, archaeological, cultural, scenic or architectural significance
pursuant to the provisions of this article.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SURVEY
The survey of buildings, structures, objects, sites and districts
located within the City of South Amboy which is conducted by the Commission
for the ascertainment of their historical, architectural, aesthetic,
cultural or other significance pursuant to the provisions of this
article.
VIEW OR PUBLIC VIEW
The view by the public of a building, structure, object or
site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.