[Ord. No. 2014-44 § 10; Ord. No. 2015-20]
(1) 
Every application for development in a historic preservation zoning district or historic preservation buffer zoning district for which a preservation plan is required pursuant to section 10B-378 shall upon filing be forwarded to the Historic Preservation Commission for action as follows. The application for preservation plan approval shall be on such forms as the Historic Preservation Commission adopts. The documentation must be sufficient to demonstrate how the proposed improvement will appear in context. The submission shall include at least the following:
(a) 
Photographs of the property in question and surrounding properties.
(b) 
Product specifications, where appropriate.
(c) 
Elevations and details to propose new construction.
(d) 
Floor plans.
(e) 
Documentation sufficient to demonstrate how the proposed improvements appear in context.
(f) 
Delineated historic preservation area or pre-mapped historic preservation area.
(g) 
When available, historic photographs, maps, plot plans, and other historic site documentation.
(2) 
The Historic Preservation Commission shall review the preservation plan and provide its recommendations to the board of jurisdiction, including the Subdivision Committee of the Planning Board, in writing and through one or more of its members or staff who shall testify at the hearing on the application and explain the historic preservation Commission's written report. The advice of the Historic Preservation Commission shall not be disregarded by the board of jurisdiction except for reasons stated on the record.
(3) 
If the application for development involves a historic structure and the applicant intends to produce testimony either before the Commission or board of jurisdiction alleging structural unsoundness of any portion of said structure as a reason for the demolition or alteration of the structure or any part thereof, the Commission or board of jurisdiction may employ at the applicant's expense pursuant to section 10B-32 a structural engineer or other professionals to examine independently said structure or part thereof and to report their findings to the Commission or board of jurisdiction before any final action is taken by the board of jurisdiction. The applicant shall be required to provide reasonable access for the structural engineer and other professionals to conduct an examination of said structure or any part thereof, as well as to provide to the structural engineer or other professionals any material that the applicant intends to rely upon in support of its arguments as to the structural unsoundness of the structure in support of its request to alter or to demolish same.
(4) 
For major site plans and subdivisions, an archaeological and historic sites protocol made up of at least the following shall be included:
(a) 
An archaeological and historic sites survey giving a history of the site and identifying all known historic features. Sites identified in such survey shall be registered by the archaeologist in the New Jersey State Museum Site Registration Program; and
(b) 
A proposal as to how archaeological sites and historical sites shall be preserved, recorded, or a combination of both and who during construction shall be responsible therefor.
[Ord. No. 2014-44 § 10]
(1) 
Determination of completeness and significant impact. Every application for preservation plan approval which is not part of an application for development shall be deemed complete or incomplete by the Historic Preservation Officer within 15 days of filing. If the application is deemed incomplete, the applicant shall be advised in writing within such period. If it is deemed complete, the application shall be forwarded forthwith to the Historic Preservation Commission, unless the Officer determines pursuant to subsection (2) that the application will not have a significant impact. If the Historic Preservation Officer fails to act within the required time, the application shall be deemed complete. The application shall be on such form as the Historic Preservation Commission adopts. The documentation must be sufficient to demonstrate how the proposed improvement will appear in context. The submission shall include at least the following:
(a) 
Photographs of the property in question and surrounding properties
(b) 
Product specifications, where appropriate.
(c) 
Elevations and details for propose new construction.
(d) 
Floor plans.
(e) 
Delineated historic preservation area or pre-mapped historic preservation area.
(f) 
When available, historic photographs, maps, plot plans, and other historic site documentation.
(2) 
Decision by Chair of no significant impact. If the Historic Preservation Officer or the designee thereof determines that the preservation plan conforms to the requirements of sections 10B-386 to 10B-388 and 10B-390 and will not have a significant impact, the Officer or designee shall forward such plan and application to the chair of the Historic Preservation Commission or the chair's designee on the Commission, who shall approve such application without further review if the chair or his or her designee concurs with the Historic Preservation Officer's determination. However, if the Historic Preservation Officer or chair or chair's designee finds lack of such conformity or that there is a significant impact, the Historic Preservation Officer shall prepare a report on the plan and application and shall forward same to the Historic Preservation Commission.
(3) 
Notice of significant impact determination to applicant. The Historic Preservation Officer shall make the determination required by subsection (2) of this section and shall communicate such determination in writing to the applicant within 30 days of receipt of a complete preservation plan. For purposes of this paragraph, the date of written communication with the applicant shall be the date on which the writing, addressed to the applicant, is deposited in the mail or is hand delivered to the applicant or left at his or her residence or place of business.
(4) 
Hearings on applications. The Historic Preservation Commission shall (a) conduct a hearing on all preservations plans not approved pursuant to subsection (2) within 45 days of the Historic Preservation Officer's referral of the application to the Historic Preservation Commission.
(5) 
Notice of hearings.
(a) 
Generally. At least 10 days before the date set for hearing, the secretary of the Historic Preservation Commission shall give the applicant written notice of the hearing date and shall post in a prominent place in the Princeton Municipal Building notice of the application and date, time, and place of the hearing.
(b) 
Notice by applicant when demolition proposed. In the case of demolition or moving of a structure, the applicant shall at least 10 days prior to the hearing date notify, by personal service or ordinary mail, all owners of property located within 200 feet of the lot that is the subject of the hearing of the application and of the date, time and place of the hearing with a brief description of the work for which approval is sought.
(6) 
Availability of materials for inspection; timing and form of hearing and decisions. The application and accompanying materials shall be on file and available for public inspection at the board of jurisdiction at least 10 days before the date set for the hearing. The hearing shall be conducted in accordance with the applicable procedures for applications for development. At the conclusion of the hearing, the Historic Preservation Commission shall recommend to the Historic Preservation Officer approval, approval with conditions, or denial of the application and shall report such decision to the Historic Preservation Officer, who shall approve, approve with conditions, or deny the application in accordance with the Historic Preservation Commission's recommendations. The Historic Preservation Officer shall notify the applicant and any interested party who requested notification of the decision in writing within five days after the hearing. In no event shall the Historic Preservation Commission report to the Historic Preservation Officer be made more than 45 days after the Historic Preservation Officer's referral of the application to the Historic Preservation Commission except as such time may be extended with the consent of the applicant. If the Historic Preservation Commission fails to act within the prescribed time period, the applicant shall be treated as having been granted approval without conditions.
(7) 
Any interested party may appeal the decision of the Historic Preservation Commission or Historic Preservation Officer to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a and N.J.S.A. 40:55D-72, and in accordance with the procedures set forth therein and in this chapter regarding appeals to the Zoning Board of Adjustment, except that the appellant shall pay all costs for copies of any transcript(s) required for the appeal. Pursuant to N.J.S.A. 40:55D-70.2, if the Zoning Board of Adjustment determines that there is an error in any order, requirement, decision or refusal of the Historic Preservation Commission or Historic Preservation Officer, it shall, in writing, include the reasons for its determination in the findings of its decision thereon.
[Amended 5-10-2021 by Ord. No. 2021-13]
[Ord. No. 2014-44 § 10]
If the Historic Preservation Officer determines that an application for which a preservation plan approval is required and that the application requires an emergency review and adjudication by the Commission on an accelerated basis, the Historic Preservation Officer shall contact the chairperson or vice chairperson of the Commission and schedule a special meeting of the Commission to consider the application. If a special meeting is scheduled for an emergency review, then the time frame for the review as provided for in sections 10B-379 and 10B-380, the time frame to authorize emergency repairs as a part of a stabilization plan under section 10B-389, and the time frame to consider a demolition permit pursuant to section 10B-390 shall be accelerated in accordance with a schedule to be established by said chairperson.
[Ord. No. 2014-44 § 10]
(1) 
Generally. The Historic Preservation Officer shall be authorized to enforce any provision of this article. Enforcement shall include, but not be limited to, the institution of any appropriate action or proceeding to prevent the unlawful alteration, demolition, moving, or elevating of a structure or unlawful or new construction requiring approval by the Historic Preservation Commission as is more fully set forth in subsection (3) hereof.
(2) 
Inspections; cease and desist orders. All work performed pursuant to an approved preservation plan shall conform to the application and accompanying documents except as otherwise conditioned by the approval. The Historic Preservation Officer shall from time to time inspect any work performed to assure such compliance and shall have the right to enter upon the premises at any reasonable time and upon reasonable notice for the purpose of making inspections. In the event work is not being performed in accordance with the approval or that work for which preservation plan approval is required is being performed without such approval, the Historic Preservation Officer shall issue a cease and desist order and serve it forthwith upon the owner of the property or the person performing such work. Upon receipt of such order the owner of the property or the person performing such work shall forthwith cease from performing any further work. The Historic Preservation Officer's authority to inspect and to issue cease and desist orders shall terminate upon the issuance of a certificate of occupancy for the work.
(3) 
Injunctive relief. In case any work is undertaken in violation of this section or in case such violation is threatened or in case a property owner or the person performing such work fails to obey a case and desist order, the Historic Preservation Officer or the Princeton Council in addition to the other remedies set forth in this section may institute an action in a court of competent jurisdiction to restrain correct or abate such violation or to prevent any illegal act conduct or work. Any interested party may also bring such an action.
[Ord. No. 2014-44 § 10]
Parties who intend to apply for preservation plan approval are strongly encouraged to secure informal concept review of the proposed work by the Commission as early in the design of the project as is possible. The purpose of such review is to minimize design fees for the applicant, to facilitate discussion between the potential applicant and Commission at a public meeting about the potential applicant's proposed work, and to secure the Commission's comments early in the design process. The potential applicant may secure informal concept review by filing a request with the Historic Preservation Officer on such forms as shall be provided for this purpose, together with whatever documentation the potential applicant deems would best illustrate his or her concept of the proposed work. As part of the informal concept review, the Commission may determine that the proposed work is not a covered act and shall advise the applicant that preservation plan approval is not required. Except when such a determination is made, the potential applicant shall not be bound by the documentation submitted, and the Commission shall not be bound by any comments made thereon. The Commission meeting on the application for informal concept review shall be held within 60 days after the request for such review is filed.
[Ord. No. 2014-44 § 10]
No preservation plan need be approved for any improvements for which a development application was approved or building permit issued prior to December 7, 1987 in Type 1 Districts and April 23, 1985 in Type 2 Districts.
[Ord. No. 2014-44 § 10]
Work pursuant to an approved preservation plan for which a development application was not required shall commence within 24 months of the date of approval thereof unless the time is extended by the approving authority.