[Editor's Note: Prior history for Article XI regarding Historic Preservation Controls includes 35-2013, 22-2015, 45-2017.]
[Amended 11-4-2020 by Ord. No. 48-2020]
The purpose of this article is to promote the educational, cultural,
economic and general welfare of the City through the preservation
of historic buildings, structures, places and districts, to develop
and maintain appropriate settings for such resources and to document
and promote the public enjoyment of such resources which impart a
distinct aspect of the City and which serve as visible reminders of
the historical and cultural heritage of the City, the state and the
nation.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Interested parties shall contact the administrative officer or the
Historic Preservation Commission regarding consideration of a proposed
historic site or district. The Commission may also initiate the designation
of a historic site or district. The administrative officer will schedule
a hearing before the Historic Preservation Commission to review the
proposed historic site or district. The formal historic district nomination
shall include: a building-by-building inventory of all properties
within the district; black and white photographs of all properties
within the district; a property map of the district showing boundaries;
and a physical description and statement of significance which address
the criteria for designation set forth herein. The formal historic
site nomination shall include: a black and white photograph, a tax
map of the property and a physical description and statement of significance
which address the criteria for designation set forth herein.
B.
Upon review and approval of the proposed site or historic district
by the Historic Preservation Commission, the Commission shall forward
the proposed site or district nomination to the Planning Board for
consideration for inclusion in the Master Plan, or to City Council
for designation by ordinance as a local landmark or historic site.
Interested parties and the owners of a proposed historic site shall
be sent written notification of intent to designate the property as
an historic site. In the case of a district nomination, written notification
of intent to designate the historic district shall be sent to all
property owners within the proposed historic district, and to interested
parties. In the case of expansion of a historic district, notice is
required only for the property owners in the area of the expansion.
Notification shall be by certified mail at least 30 days prior to
the Planning Board hearing on the inclusion of the site or district
within the Master Plan, in the case of City Council's consideration
of designation as a local landmark, the notice requirement for a proposed
ordinance shall apply.
C.
Upon review and approval of the proposed site or district by the
Planning Board, the site or district nomination will be sent to the
City Council for adoption to amend and supplement the City's Zoning
Ordinance.
D.
All other requirements of the Municipal Land Use Law regarding adoption
of development regulations shall be followed.
E.
Provisions of this section relating to designation of historic districts
shall also apply to proposals to expand historic districts, except
that notice shall be required only for expanded districts.
F.
Historic sites and historic districts listed on the National Register
of Historic Places or the State Register of Historic Places, or which
is or are eligible for listing on either Register pursuant to an opinion
of eligibility or certificate of eligibility, shall automatically
be designated as a local landmark.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Commission or any interested party may recommend designation
of historic sites or districts that have integrity of location, design,
setting, materials, workmanship and association and that meet one
or more of the following criteria:
A.
Character, interest, or value as part of the development, heritage
or cultural characteristics of the City, state or nation;
B.
Association with events that have made a significant contribution
to the broad patterns of our history; or
C.
Association with the lives of persons significant in our past; or
D.
Embodiment of the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a builder,
designer, artist, architect or landscape architect whose work has
influenced the development of the City, state or nation; or
E.
Unique location or singular physical characteristics that make a
district or site an established or familiar visual feature; or
F.
That have yielded, or may be likely to yield, information important
in prehistory or history.
A.
A Certificate of Appropriateness issued by the Historic Preservation
Commission shall be required before a permit is issued for any of
the following, or, before work can commence on any of the following
within a historic district or on a historic site:
(1)
Demolition of any building, site, place or structure.
(2)
Relocation of any building, site or structure.
(3)
Change in the exterior appearance of any designated historic site or any building, structure, object or configuration within a historic district by addition, reconstruction, alteration, maintenance or repair, if such change would be subject to view from a public street, and would deviate from the Design Guidelines made part of the Zoning Ordinance by § 211.98. Exterior change for all primary and accessory buildings visible from a public street shall include all matters which require a permit as defined in the existing Land Use Code under Chapter 210 of the Code of the City of Orange Township and also shall include but are not limited to additions and changes visible from a public street such as the removal, repair or replacement of windows, doors, shutters, balustrades, railings, columns, cornices, moldings, trim, stairs, steps, porches, walks, siding, gutters, signs, and solar panels.
(4)
Any addition or new construction of a principal or accessory building
or structure subject to public view.
(5)
Changes to existing sidewalks within the public right-of-way and
changes to existing walls, fences, signs, solar panels or parking
lots or the construction of any new sidewalks, within the public right-of-way,
or of any new fences, walls, signs, solar panels or parking lots,
if subject to public view.
(6)
The removal of living trees measuring 18 inches or more in diameter
at breast height located within the public right-of-way.
B.
A Certificate of Appropriateness shall not be required before a permit
is issued by the administrative officer for the following matters:
(1)
Changes to the interior of buildings, structures, objects, sites
and districts.
(2)
Changes not visible to the public.
(3)
Exterior or interior painting of existing buildings, structures,
objects, sites and districts.
(4)
Exterior repairs and maintenance that do not deviate from the Design
Guidelines for Historic Districts and Sites, which is made part of
the Zoning Ordinance by § 210.98. The administrative officer
shall determine whether the materials to be used in the repairs and
maintenance have an effect on the exterior features of the property,
site, landmark, district or object and where the administrative officer
finds no effect, may issue the permit. All permits issued after a
finding of no effect shall be reported to the Commission. The administrative
officer may refer any application for a permit to the chair and co-chair
of the Commission for review of deviation or compliance with the Design
Guidelines prior to reaching a determination of no effect.
[Amended 11-4-2020 by Ord. No. 48-2020]
All permits or actions requiring a Certificate of Appropriateness
for historic sites or property in historic districts shall be referred
to the Historic Preservation Commission for a written report on the
application of the Zoning Ordinance provisions concerning historic
preservation to any of those aspects of the change proposed which
aspects were not determined by approval of an application for development
by a municipal agency. The Historic Preservation Commission shall
submit its report to the administrative officer within 45 days of
the referral of the application to the Historic Preservation Commission.
If within the forty-five-day period the Historic Preservation Commission
recommends to the administrative officer against the issuance of a
permit or recommends conditions to the permit to be issued, the administrative
officer shall deny issuance of the permit or include the conditions
in the permit, as the case may be. Failure to report within the forty-five-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.
[Amended 11-4-2020 by Ord. No. 48-2020]
Applications for Certificates of Appropriateness and for other
actions of the Board shall be made on forms available therefor in
the office of the administrative officer, the office of the City Clerk
or directly from the Commission. Completed applications shall be delivered
or mailed to the Commission, City Hall.
Persons interested in obtaining Commission approval of proposed
work covered by the provisions of this article are encouraged to apply
directly to the Commission for review and approval. At the request
of any such person, the Commission shall schedule a hearing. Filing
deadlines, forms and other application procedures shall be specified
in the Rules of Procedure of the Historic Preservation Commission.
Each application must be accompanied by sketches, drawings,
photographs, descriptions or other information sufficient to show
the proposed alterations, additions, changes or new construction.
The Commission may require the subsequent submission of such additional
materials as it reasonably required to make an informed decision.
[Amended 11-4-2020 by Ord. No. 48-2020]
Fees for applications or for the rendering of any service by the Historic Preservation Commission or any member of their administrative staff shall be as provided in Chapter 88, Fees, for the following categories:
A.
Certificate of appropriateness.
B.
Transcript costs.
C.
City Council appeals.
D.
Appearance fee to be paid by each applicant.
E.
Escrow accounts for plan review. The Commission will require a developer
to deposit a sum, as provided in the Code of the City of Orange Township,
"Escrow Fee Schedule," to retain professional services to review applications
for development. Such escrowed accounts shall be held in conformity
with N.J.S.A. 40:55D-53.1.
(1)
The Commission shall require escrow deposits for technical and/or
professional services and testimony employed by the Commission in
reviewing an application, including the review services of the City
Engineer, and Planner and such other experts as may be deemed necessary
(i.e. traffic, environmental, radio frequency, soils, legal, etc.).
(2)
Fees for technical and professional services shall be in addition
to any and all other required fees.
(a)
Applicants required to submit escrow deposits: exemptions.
[1]
Applications for Certificate of Appropriateness
involving one single family dwelling on a single lot, a subdivision
not involving the creation of additional lots, or a site plan not
involving a change in use, shall be exempt from the payment of escrow
deposits upon review by the Administrative Officer or Board Secretary.
This exemption shall be void and escrow fees shall be paid in the
event that it is necessary to hold more than two hearings on the application
or if the application is for the same block and lots as a prior application
made to either board within the prior two years.
[2]
When the Commission Secretary determines that the
application will serve a public purpose and promote the public health,
safety and welfare, the following applicants shall submit 50% of the
required escrow deposit.
[3]
Any organization qualifying under paragraph [2][a]-[c]
above must hold a tax-exempt status under the Federal Internal Revenue
Code of 1954.
(b)
Submission of escrow deposits. The applicant shall submit the
required escrow deposit to the Commission Secretary prior to the application
being deemed complete pursuant to the provisions of the Municipal
Land Use Law.
(c)
Escrow for informal review.
[1]
Whenever an applicant requests a Certificate of
appropriateness involving technical or professional advisors, an escrow
deposit shall be required in accordance with the schedule for formal
applications. The deposit must be received prior to professional review.
[2]
Any escrow deposit received for informal review
shall be credited to the required escrow deposit for formal applications.
The cost for professional services involved in the informal review
shall be considered part of the formal application review and charged
to the escrow account.
(d)
Resubmissions.
[1]
Applicants shall pay escrow fees based upon 25%
of the original submission of plans for each resubmission of revised
plans. If plans are resubmitted in accordance with conditions of approval
by the Commission, the fee for resubmission shall be 1/4 of the original
escrow fee.
[2]
All applications not specifically noted or excluded
above shall be accompanied by an escrow fee of $250. The escrow fee
schedule is intended to cover the estimated costs for professional
services related to the application. In the event that the balance
in any escrow account falls to a point where it is expected that it
will be insufficient to cover anticipated costs, the applicant will
be required to provide additional funds. Failure to provide these
funds may be used as a basis to discontinue further action on the
application.
(e)
Review of escrow deposit amount.
[1]
Prior to making a determination of completeness
upon any applicant, the Commission Secretary will review said application
to determine whether the escrow amount set forth above is sufficient.
If the amount set forth is determined insufficient by the Commission
Secretary to cover professional costs anticipated for the applicant,
additional funds in the amount of 1/3 of the initially required escrow
fee shall be deposited by the applicant prior to declaring the application
complete. The application shall not be declared complete or placed
on the agenda for public hearing until such additional escrow deposit
is received.
[2]
Further additional escrow deposit fees may be required
at any time upon determination by the Commission Secretary. All approvals
shall be conditional upon receipt of such additional fees deposited
by the applicant in increments of one-third (1/3) of the initially
required escrow fee, when and as determined necessary by the Commission
Secretary, and no building permits or certificates of occupancy shall
be issued until all required escrow funds have been received.
(f)
Appeal of escrow deposit.
[1]
In the event that the applicant believes the escrow
deposit to be unreasonable, the Historic Preservation Commission shall
hear and decide whether such fees are reasonable and the applicant
may appeal the decision of the Historic Preservation Commission to
the governing body, provided the applicant shall provide the governing
body such transcripts of the Historic Preservation Commission hearings
on fees, at his cost, and such hearing shall be on record. The governing
body shall set a hearing date, with notice to all parties, and the
applicant shall provide a court certified stenographer to record said
hearing. The governing body may reverse a Historic Preservation Commission
decision only if the Board's decision is not sustained by the preponderance
of the evidence.
(g)
Escrow accounts over $5,000: conditions.
[1]
Whenever an amount of money in excess of $5,000
shall be deposited by an applicant with the municipality for professional
services employed by the municipality to review applications the money
until repaid or applied to the purposes for which it is deposited
including the applicant's portion of the interest earned thereon,
except as otherwise provided for here, shall continue to be property
of the applicant and shall be held in trust by the municipality. Money
deposited shall be held in escrow. The municipality shall deposit
it in a banking institution or savings and loan association in this
state insured by an agency of the federal government, or in any other
funds or depository approved for such deposits by the state, in an
account bearing interest at the minimum rate currently paid by the
institution or depository time or savings deposits. The municipality
shall notify the applicant in writing of the name and address of the
institution or depository in which the deposit is made and the amount
of the deposit. The municipality shall not refund an amount of interest
paid on a deposit, which does not exceed $100 for the year. If the
amount of the interest exceeds $100, that entire amount shall belong
to the applicant and shall be refunded to him by the municipality
at the time the deposit is repaid or applied to the purpose for which
it was deposited, as the case may be, except that the municipality
will retain for administrative expenses a sum equivalent to no more
than 33 1/3% of that entire amount which shall be in lieu of
all other administrative and custodial expenses.
(h)
Accounting of escrow deposits.
[1]
In the event any applicant desires an accounting
of the expenses or fees paid by him for professional review, he shall
request such in a letter directed to the Secretary of Historic Preservation
Commission. The applicant shall be responsible for any costs incurred
by the Historic Preservation Commission in having its professional
and administrative staff prepare an accounting of the fees expended.
Such additional amount as may be required for said accounting shall
be paid to the Historic Preservation Commission prior to issuance
of a certificate of occupancy in the event that there are insufficient
escrow funds to pay for said accounting.
(i)
Refunds.
[1]
All escrow funds described herein shall be utilized
by the Commission to pay the cost of any technical and/or professional
services incurred by the board for review and/or testimony in connection
with the particular application. The Commission with respect to such
application shall refund all funds not expended to the applicant within
60 days after the final determination. No amount shall be refunded
prior to certification by the Commission Secretary that said application
has been finally determined.
(j)
Staff support and overhead for a City professional. When the
staff support and overhead for a City professional is provided for
by the municipality, the charge for work on the particular application
for development shall not exceed 200% of the sum of such work.
|
The formula for determining the sum shall be multiplying the
base sum of the hourly salary of the professional by the amount of
hour's expended working on the application.
|
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The applicant shall give at least 10 days' notice of the time, date,
place, and subject of the meeting in writing to each property owner
within 200 feet of subject property.
B.
The Commission shall reach a decision on the application within 45
days of submission of the application or referral of same by the administrative
officer. Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant and the Commission.
C.
The Commission may advise the applicant and make recommendations
in regard to the appropriateness of the proposed action, and may grant
approval upon such conditions as it deems appropriate within the intent
and purposes of this article.
D.
An applicant shall not be required to appear or to be represented
at the meeting to consider the application for a Certificate of Appropriateness
and the Commission may take action in the absence of the applicant.
E.
If an application is approved, the Commission shall forthwith issue
a resolution memorializing the approval of the Certificate of Appropriateness
or other decision. If the Commission disapproves an application, the
Commission shall adopt a resolution stating its reasons for denial
in writing at its next meeting. In case of disapproval, the Commission
shall notify the applicant in writing of such disapproval and provide
the applicant with a copy of the resolution stating the reasons for
such denial.
F.
The owner shall post the Certificate of Appropriateness on a conspicuous
spot visible to the public during the entire process of the work.
Failure to post such Certificate of Appropriateness shall be deemed
a violation of this article and may be a cause for work stoppage.
G.
When a Certificate of Appropriateness or other decision has been
issued, the administrative officer shall, from time to time, inspect
the work approved by such Certificate or decision and shall regularly
report to the Commission the results of such inspections, listing
all work inspected and reporting any work not in accordance with such
Certificate or decision or which violates any ordinance of the City.
The Commission shall also make inspections of work approved by such
Certificate or decision whenever it considers such to be desirable.
H.
A Certificate of Appropriateness shall be valid for a period of two
years from date of issue unless reasonable extensions are granted
by the Commission. If a building permit is also required for the action
approved and is obtained prior to expiration of such two year period,
then the Certificate of Appropriateness shall be valid for the life
of the building permit and any extensions thereof.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Planning Board and Board of Adjustment shall refer to the
Historic Preservation Commission every application for development
submitted to either Board for development in historic zoning districts
or on historic sites designated on the Zoning or Official Map or identified
in any component element of the Master Plan. This referral shall be
made when the application for development is deemed complete or is
scheduled for a hearing, whichever occurs sooner. Failure to refer
the application as required shall not invalidate any hearing or proceeding.
The Historic Preservation Commission may provide its advice, which
shall be conveyed through its delegation of one of its members or
staff to testify orally at the hearing on the application and to explain
any written report which may have been submitted.
On all matters referred to the Historic Preservation Commission
which require approval or action by the Planning Board or Board of
Adjustment, the decision of the Historic Preservation Commission shall
be a recommendation only, which recommendation may be approved, disapproved
or amended by the Planning Board or Board of Adjustment. In the event
the Planning Board or Board of Adjustment should disapprove or amend
the decision of the Historic Preservation Commission, it shall state
its reasons therefor at a public hearing and in its resolution of
memorialization.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
B.
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the historic property and its environment would be
unimpaired.
C.
Construction of historic designs that were never built shall not
be undertaken.
D.
New additions, alterations or new construction in a historic landscape
shall be visually differentiated from the old and shall be compatible
with the historic character of the landscape.
E.
Replacement of missing historic plant material or vegetation features
shall be substantiated by documentary or physical evidence. The replacement
plant material or features shall match the historic appearance, function
and where possible, species or variety.
F.
A property shall be used for its historic purpose, or shall be placed
in a new use that requires minimal change to the defining characteristics
of the property and its environment.
G.
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
H.
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or historic features from other
properties shall be avoided.
I.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
J.
Distinctive materials, features, finishes and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
K.
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture
and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary or physical
evidence.
L.
Chemical or physical treatments, such as sandblasting that cause
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
M.
Significant archaeological resources shall be protected and preserved.
If such resources must be disturbed, mitigation measures shall be
undertaken.
[Amended 11-4-2020 by Ord. No. 48-2020]
The purpose of this section is to provide uniform design criteria
and guidelines for the regulation of historic sites and historic districts
for use by the Historic Preservation Commission, the City of Orange
Township and the public. In addition to designation and regulation
of local landmarks, historic sites and historic districts as set forth
in this chapter, all permits or actions requiring a Certificate of
Appropriateness and all applications for development in historic districts
or for historic sites shall be governed by the Design Guidelines for
Historic Districts and Sites as shown on a map entitled "Zoning Map,
City of Orange Township, New Jersey," which map accompanies and is
hereby made a part of this chapter.
Orange Design Guidelines for Historic Districts and Sites is
an integral part of the Zoning Ordinance and is incorporated in this
chapter as if set forth at length in the body of this chapter. Additional
standards which require compliance are found in § 210.97.
[Amended 11-4-2020 by Ord. No. 48-2020]
Established under the Zoning Ordinance, Chapter 210 of the City Code of the City of Orange Township, are the following Historic Districts including all properties lying therein: St. Johns' Historic District, Main Street Historic District, Orange Valley Historic District, and Montrose Seven Oaks Historic District. The boundary of each historic district is depicted on the accompany map of the City of Orange Township, NJ Historic Districts, and the affected properties within each district are listed by Block and Lot in the "Designated Historic District" list. Both the map and the list of affected properties are incorporated herein by reference.[1]
[1]
Editor's Note: The map and list of historic districts may
be found in the City of Orange Township Offices.
[Amended 11-4-2020 by Ord. No. 48-2020]
In regard to an application to demolish a historic building,
site, place or structure, the following matters shall be considered:
A.
Its historic, architectural and aesthetic significance;
B.
Its use;
C.
Its importance to the City and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest;
D.
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 great difficulty;
E.
The extent to which its retention would promote business, create
new positions, attract tourists, students, writers, historians, artists
and artisans, attract new residents, encourage study and interest
in American history, stimulate interest and study in architecture
and design, educate citizens in American culture and heritage, or
make the City a more attractive and desirable place in which to live;
F.
The probable impact of its removal upon the ambiance of the historic
district;
G.
The structural soundness and integrity of the building and the economic
feasibility of restoring or rehabilitating the structure so as to
comply with the requirements of the State Uniform Code.
[Amended 11-4-2020 by Ord. No. 48-2020]
Although all buildings, sites, places and structures should
meet the appropriate housing and building codes, it is recognized
that instances may arise where certain normal provisions thereof might
be in conflict with the purposes of this article. In such instances,
the provisions of the building code shall be applicable.
In the event that a structure is unsafe or unsound so as to
pose a danger to health or safety, the power and authority of the
City of Orange Township to demolish the structure, as otherwise provided
by law, shall not be impaired or altered in any way by the provisions
of this chapter.
[Amended 11-4-2020 by Ord. No. 48-2020]
The purpose of these procedures regarding demolition is to further
the purposes of this chapter by affording the City, interested persons,
historical societies or organizations the opportunity to acquire or
to arrange for the preservation of historic buildings, sites, places
and structures.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the event that the Commission disapproves an application
for a Certificate of Appropriateness to demolish a historic building,
place or structure, the owner shall, nevertheless, as a matter of
right, be entitled to raze or demolish such building, place or structure
provided that all of the following requirements have been fully met:
A.
The owner has applied for the necessary Certificate of Appropriateness
and has received notice of denial of same from the Commission and
has appealed to the Zoning Board of Adjustment, which has affirmed
such denial.
B.
The owner has met the notice requirements set forth in § 210.103
for the full notice period as defined in § 210.104.
C.
The owner has, during the notice period and at a price reasonably
related to its fair market value, made a bona fide offer to sell such
building, place or structure and the land pertaining thereto to any
person, organization, government or agency thereof or political subdivision
which gives reasonable assurance that it is willing to preserve the
building, place or structure and the land pertaining thereto.
D.
The owner shall not have been a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with Subsection C above.
[Amended 11-4-2020 by Ord. No. 48-2020]
Notice of proposed demolition shall be posted on the premises
of the building, place or structure throughout the notice period in
a location such that it is clearly readable from the street. In addition,
the applicant shall publish a notice in the official newspaper of
the City as follows:
[Amended 11-4-2020 by Ord. No. 48-2020]
The period of time during which notice must be given in the
manner herein before set forth shall be known as the "Notice Period"
which shall commence on the tenth day following the date of the notice
of denial received from the Zoning Board of Adjustment after an appeal
and such notice period shall run for a period of time of nine months
unless a shorter period is authorized by the Commission.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Commission may at any time during such notice period, if
a significant change in circumstances occurs, approve a Certificate
of Appropriateness, in which event, a permit shall be issued within
10 days thereafter.
[Amended 11-4-2020 by Ord. No. 48-2020]
Issuance of a Certificate of Appropriateness shall be deemed
to be final approval pursuant to this article. Such approval shall
neither cause 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 vis-a-vis the site
or structure in the historic district.
[Amended 11-4-2020 by Ord. No. 48-2020]
Denial of a Certificate of Appropriateness shall be deemed to
preclude the applicant from undertaking the activity applied for.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
The granting or denial of a Certificate of Appropriateness may be
appealed to the Zoning Board of Adjustment in the same manner as if
the appeal were taken pursuant to N.J.S.A. 40:55D-70(a). The appellant
shall pay all costs of reproducing the record.
B.
In the event of an appeal of a Historic Preservation Commission ruling
to the Zoning Board of Adjustment, the appellant shall provide notice
of the appeal to the administrative officer of the Historic Preservation
Commission simultaneously with filing with the Board of Adjustment
by certified mail, return receipt requested. The appellant shall also
be responsible for notifying the administrative officer of the Historic
Preservation Commission at least 10 days in advance of the appeal
hearing.
C.
The administrative officer and the Commission shall have a right
to appear before the Zoning Board of Adjustment. The Commission may
convey its position through delegation of one of its members or staff
to testify orally at the hearing on the application and to explain
any written report which may have been submitted.
D.
In the event the Zoning Board of Adjustment determines there is an
error in any order, requirement, decision or refusal made by the administrative
officer pursuant to a report submitted by the Historic Preservation
Commission, the Board of Adjustment shall include the reasons for
its determination in the findings of its decision thereon at the public
hearing and in its Resolution of Memorialization.
E.
Nothing herein shall be deemed to limit the right of judicial review
of the municipal action after an appeal is concluded by the municipal
Zoning Board of Adjustment.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any appeal which may be taken to court from the decision of
any municipal agency whether instituted by the owner or any other
proper party, shall not affect the right of the owner to make a bona
fide offer to sell.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Commission may refuse to reconsider for a period of one
year any disapproval of an application, except in cases where an applicant
reapplies, with his application amended to comply with any recommendations
which the Commission may have made in its written reasons for disapproval.
The Commission may, however, reconsider at any time denial of a Certificate
of Appropriateness for demolition if a significant change in circumstances
has occurred.
[Amended 11-4-2020 by Ord. No. 48-2020]
It is recognized that the intent and purposes of this article
would not be fully served if the City were to control the actions
of others but fail to apply similar constraints to itself. Accordingly,
a Certificate of Appropriateness shall be required before final approval
of any City actions on public as well as private lands, streets, easements
and rights-of-way. This requirement shall be deemed to include any
action by any party which requires the approval or concurrence of
the City or any City agency and which is not otherwise covered by
the provisions of this chapter.
In those circumstances where the City cannot require compliance,
as in certain cases involving the county, state and federal governments,
the City urges, most strongly, the voluntary cooperation of such agencies
in seeking a Certificate of Appropriateness and hereby authorizes
the Commission to consider such requests and applications.
[Amended 11-4-2020 by Ord. No. 48-2020]
The requirements of this article shall be considered to be in
addition to and in no case shall they be interpreted as a substitute
for any other approval, permit or other action as otherwise provided
for.
[Amended 11-4-2020 by Ord. No. 48-2020]
Any person violating any of the provisions of this article shall,
upon conviction thereof, be subject to the penalties herein.
A.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
B.
If any person shall undertake any activity vis-a-vis a historic site
or improvement within a historic district without first having obtained
and posted a Certificate of Appropriateness, such person shall be
deemed to be in violation of this chapter.
C.
Upon learning of the violation, 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 site or improvement to
its status quo ante. If the owner cannot be personally served within
the municipality with the said notice, a copy shall be posted on site
and a copy sent by certified mail return receipt requested, to the
owner at the last known address as it appears on the municipal tax
rolls.
D.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable in the municipal
court, charging violation of this chapter.
E.
The penalty for violations shall be as follows:
(1)
For each day, up to 10 days - not more than $25 per day;
(2)
For each day, 11 to 25 days - not more than $50 per day;
(3)
For each day beyond 25 days - not more than $75 per day.
|
If any person shall undertake any activity vis-a-vis a historic
site or improvement within a historic district without first having
obtained a Certificate of Appropriateness, he shall be required to
restore same.
|
[Amended 11-4-2020 by Ord. No. 48-2020]
In the event that any action, which would permanently and adversely
change a historic site or historic district, such as demolition or
removal is about to occur without a Certificate of Appropriateness
having been issued, the Zoning Officer is hereby authorized to apply
to the Superior Court of New Jersey for such injunctive relief as
is necessary to prevent the destruction of such site or district.
[Amended 11-4-2020 by Ord. No. 48-2020]
A.
Recognizing the need for preventive maintenance to insure the continued
useful life of historic sites and structures in historic districts,
the Orange City Council hereby declares that code enforcement vis-a-vis
historic sites and structures in historic districts is a high municipal
priority.
B.
All historic sites and all buildings and structures in a historic
district shall be maintained so that all exterior walls, roofs, stairs,
porches, windows and door frames are in a watertight condition. Cornices,
entablatures, wall facings, trim and similar decorative features shall
be maintained so as to prevent deterioration and any deterioration
which adversely affects the overall character of the building or the
district in which the building is located is prohibited.
C.
In the event that any landmark or improvement in a historic district
deteriorates to the point that, in the best estimate of the Department
of Planning and Development, the cost of correcting the outstanding
code violations equals more than 25% of the cost of replacing the
entire improvement on which the violations occur, the Department shall
serve personally or by certified mail, return receipt requested, a
notice on the owner of the site or structure, listing the violations,
the estimate for their abatement, and the replacement cost of the
improvement and stating that if the owner does not take all necessary
remedial action within 90 days, or such extensions as the Department
shall for good cause grant, the City of Orange's designated official
may, at the expiration of 90 days, enter upon the property and abate
such violations itself and cause the cost thereof to become a lien
on the property.
D.
Upon receipt of such notice, the owner may, within 10 days after
such receipt, notify the Department of Planning and Development of
his/her wish to have a hearing as to the allegations and estimates
set forth in the Department's notice. Such hearing shall be conducted
by the Commission and shall, so far as possible, be a formal proceeding
in which the Department of Planning and Development shall establish
the matters alleged in the notice by a preponderance of the evidence.
E.
If the owner does not request a hearing, the procedures set forth in Subsection C above shall be binding. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection C hereof.
F.
Thereafter, if the owner does not comply, the Department may enter
onto the premises and by use of municipal labor or outside contractors
or both, perform such work as is necessary to abate all violations.
G.
The Director of Planning and Development shall then certify to City
Council the cost of such work, plus all administrative, clerical and
legal costs and overhead attributable thereto and shall present the
same to City Council.
H.
The City Council may, by resolution, vote to cause the sum so certified
to become a lien upon the site or property, payable within the next
quarter's property taxes, and, if not then paid, bearing interest
at the same rate as delinquent taxes.
[Amended 11-4-2020 by Ord. No. 48-2020]
It shall be the duty of all municipal officials of the City
of Orange Township reviewing all permit applications involving real
property or improvements thereon to determine whether such application
involves any activity which should also be the subject of an application
for a Certificate of Appropriateness or subject to review by the Historic
Preservation Commission. If it should, the Officer shall inform both
the Secretary of the Commission and the applicant.
[Amended 11-4-2020 by Ord. No. 48-2020]
In the event that any portion of this article is found to be
invalid for any reason by any court of competent jurisdiction, such
judgment shall be limited in its effect only to the portion of the
article actually adjudged invalid and shall not be deemed to affect
the operation on any other portion hereof.
[Amended 11-4-2020 by Ord. No. 48-2020]
This article shall be liberally construed to affect the purposes
set forth herein. In the event that this article conflicts with state
law, state law shall take precedence.
[Amended 11-4-2020 by Ord. No. 48-2020]
This article is prospective only and these regulations shall
not apply to any structures for which approval by either the Planning
Board or Zoning Board of Adjustment has already been granted.
