[Added 9-8-2021 by Ord. No. 21-21]
A.
Title. This article shall be known as the Historic Preservation Ordinance
of the Town of Clinton.
B.
Findings and purpose.
(1)
The Town Council of the Town of Clinton ("Town") finds and determines
as follows:
(a)
The historical, cultural, architectural, and social heritage
of the Town is given in trust from generation to generation to be
used, enriched, and then passed on;
(b)
The character, lifestyle, and very quality of life in the Town
depends in great measure upon the Town protecting this heritage of
the past;
(c)
The ongoing presence of historic districts and landmarks, as
an essential element of municipal character and identity, is an important
factor in the economy of the municipality and the property values
therein;
(d)
Such historic districts and landmarks are vital to the education
and civic mindedness of the Town's young people;
(e)
A number of critical factors such as deterioration, demolition,
redevelopment, and resubdivision threaten such landmarks and districts;
and
(f)
The welfare of the municipality is enhanced by the preservation
of its historic heritage for the reasons set forth above.
(2)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-65.1, permits
municipalities to adopt a zoning ordinance that designates and regulates
historic landmarks or historic districts and provides design criteria
and guidelines therefor.
(3)
In adopting this article, it is the intention of the Town Council
to regulate historic structures and historic districts within the
Town consistent with and pursuant to authority granted under the New
Jersey Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1, et seq.
The controls herein established are compatible with the New Jersey
State Uniform Construction Code (N.J.A.C. 5:23) and are responsive
to the Historic Preservation Plan Element of the Town of Clinton Master
Plan and the applicable provisions of the MLUL, including but not
limited to N.J.S.A. 40:55D-2(j), 40:55D-28(b)(10), 40:55D-65(i), 40:55D-65.1,
and 40:55D-107 through -112.
(4)
Nothing contained herein shall supersede the powers of other local
legislative or regulatory bodies or relieve any property owner from
complying with requirements of any other state statutes or municipal
ordinances or regulations.
As used in this article, the following terms shall have the
meanings indicated:
An application to the Construction Official for a demolition
permit as defined by this section.
The Historic Preservation Commission of the Town of Clinton.
The Construction Official of the Town of Clinton.
Any approval or permit issued by the Construction Official
which is required by the Code of the Town of Clinton and/or Uniform
Construction Code (N.J.A.C. 5:23-1 et seq.) and which authorizes the
total or partial demolition of a building or structure (excluding
interior demolition).
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The dismantling, razing, or removal of structural members,
floors, interior bearing walls, and/or exterior walls or portions
thereof, including all operations incidental thereto.
The dismantling, razing, or removal of all of a building
or structure, including all operations incidental thereto.
The Zoning Official of the Town of Clinton.
A.
Procedure.
(1)
No approval or permit shall be issued by the Construction Official
for the total or partial demolition of an historic structure, except
in conformity with the provisions of this section and any other applicable
law, statute, ordinance, or regulation. This provision shall apply
to the total or partial demolition of an accessory structure as well
as the principal structure. This provision shall not apply to structures
that are not listed in the historic district inventory or listed as
noncontributing structure.
(2)
Within five business days of the submission, Construction Official
(or his or her designee) shall certify that the application is complete,
and the applicant shall be so notified in writing. If the application
is found to be deficient, the Construction Official (or his or her
designee) shall provide written or verbal notice of the deficiency
to the applicant.
(3)
After an application for total or partial demolition of an historic
structure is deemed complete, the Construction Official shall deliver
a copy of such application to the Historic Commission. The Commission
shall review the application at its next regularly scheduled meeting
or schedule an emergency meeting if necessary and issue a written
report and recommendation. Said report and recommendation shall be
issued no later than 15 business days after the application is deemed
complete.
(4)
Failure of the Historic Commission to issue a report within the prescribed time period will be deemed a recommendation to the Construction Code Official that the subject building or structure possesses no cultural, historical, or architectural significance which would merit its preservation consistent pursuant to Subsection C hereunder.
B.
Content of application. In addition to the information required on
the standard permit application for demolition, an application for
demolition of an historic structure shall include the following:
(1)
Photographs of all street facade elevations and significant features
on that block's frontage;
(2)
A statement from the property owner addressing the reason for the
demolition and the impact, or lack of impact, the structure's demolition
may have on the historic character of the area. Such statement may
include proposals from the property owner to mitigate the impact of
the proposed demolition on the historic character of the surrounding
area.
C.
Review by Commission; report.
(1)
Prior to the issuance of a permit to totally or partially demolish
any historic structure, the Commission shall review the permit application
and recommend to the Construction Code Official that the subject building
or structure possesses no cultural, historical or architectural significance
which would merit its preservation consistent with the standards set
forth herein. The Commission may consult with an historic architect
or the Town Construction Official in the drafting of the required
report.
(2)
The report issued by the Commission shall include, but shall not
be limited to:
(a)
A description of the age (noting if the building and/or structure
was constructed more than 50 years ago), architectural style, historical
associations, and significance of the building or structure;
(b)
A statement as to whether the structure is included in any surveys
of historic structures by the Town of Clinton or New Jersey Department
of Environmental Protection Environmental Protection - Historic Preservation
Office: List of New Jersey and National Registers of Historic Places;
(c)
A determination of whether the structure is associated with
events that have made a significant contribution to the broad patterns
of our local, state, and/or national history;
(d)
A determination of whether the structure was associated with
the life of a person who made a significant contribution to local,
state and/or national history;
(e)
A determination of whether the structure embodies the distinctive
characteristics of a type, period, or method of construction, or that
represents the work of a master, or that possess high artistic value,
or that represent a significant and distinguishable entity whose components
may lack individual distinction; most especially if no other, or very
few, buildings or structures with the same association has survived;
(f)
A determination of whether the structure yielded, or may not
be reasonably likely to yield, information important in prehistory
or history;
(g)
A determination of whether the structure maintains integrity
of:
[1]
Location. The place where the historic property was constructed
or the place where the historic event occurred; and/or
[2]
Design. The combination of elements that create the form, plan,
space, structure, and style of a property; and/or
[3]
Setting. The physical environment of an historic property; and/or
[4]
Materials. The physical elements that were combined or deposited
during a particular period of time and in a particular pattern or
configuration to form an historic property; and/or
[5]
Workmanship. The physical evidence of the crafts of a particular
culture or people during any given period in history or prehistory;
and/or
[6]
Feeling. The property's expression of the historic sense of
a particular period of time; and/or
[7]
Association. The property's direct link between an important
historic event or person and an historic property.
(h)
The Historic Commission must take into account any special reasons
articulated by the property owner for the proposed demolition or any
proposals of the property owner to mitigate the impact of the demolition
on the historic character of the area.
(3)
If, after the consideration of the above, the Commission concludes
that the structure possesses no cultural, historical, or architectural
significance which would merit its preservation, or if the Commission
fails to file its report within the required time period, the Construction
Official may issue a demolition permit.
(4)
If, after the consideration of the above, the Commission concludes
that the subject structure does possesses sufficient cultural, historical,
or architectural significance which merits its preservation, and the
Commission files its report containing its findings and recommendation,
the Construction Official may, in his/her discretion, deny the demolition
permit. Notwithstanding any report by the Historic Commission, the
Construction Official can approve a demolition permit if, within the
Construction Code Official's opinion, the subject structure poses
a threat to the public health and safety pursuant to the Uniform Construction
Code.
D.
Intentionally damaging or defacing a structure to render it historically
insignificant.
(1)
It shall be unlawful for the applicant to render a structure more suitable for demolition by intentionally damaging, or defacing the exterior of a structure so as to render it unfit for habitation, unstructurally sound, or historically insignificant prior to applying for a demolition permit, or while an application is pending. Doing so shall constitute a violation of this article and subject the applicant and/or owner of the property to the penalties, as enforced by the Construction Official, set forth in § 88-110 of the Code of the Town of Clinton.
(2)
For the purposes of this section, the following modifications to
the exterior of a structure shall not be considered intentional damage
or defacement:
E.
Appeals. Any decision by the Construction Official not to issue a
demolition permit for an historic structure may be appealed to the
Hunterdon County Construction Board of Appeals. The applicant shall
also be required to provide the Historic Preservation Commission with
written notice of such an appeal simultaneously with the filing of
the appeal.
F.
Exemptions; preservation of historic elements.
(1)
Exemptions. Demolition permits in the following circumstances shall
be exempt from the requirements of this article:
(a)
An order issued by the Fire Official or the Construction Official
to demolish an unsafe structure is exempt from the requirements of
this article.
(b)
Notwithstanding any decision by the Historic Commission, the
Construction Official can approve a demolition permit if the subject
structure poses a threat to the public health and safety pursuant
to the Uniform Construction Code.
(2)
Preservation of Historic Elements. Prior to the demolition of any historic structure or structure within the Historic District, including structures exempt from the requirements of this article pursuant to Subsection F(1) above, the Historic Commission shall be notified in writing by the Construction Official (or his or her designee) at least 10 days prior to said demolition and be given the opportunity to request that certain articles of historic significance, which may include building materials, be preserved and donated to the Historic Commission. The donation of such items by the property owner shall be voluntarily and declining to do so will not affect or delay the property owner's ability to demolish the structure in accordance with the issued permit.
A.
If any person shall demolish an historic structure without first
having obtained a demolition permit, such person shall be deemed to
be in violation of this article.
B.
Upon learning of the violation, the Zoning Official or Construction
Official shall personally serve upon the owner of the lot wherein
the violation has occurred or is occurring, a notice describing the
violation in detail and giving the owner 10 days to abate the violation
by restoring the structure to its status quo ante. If the owner cannot
be personally served within the municipality with said notice, a copy
shall be posted upon the structure, and a copy shall be sent by both
regular mail and certified mail, return receipt requested, to the
owner at his, her, or its last known address as it appears on the
municipal tax rolls. Copies of all such notices shall be sent to the
Chairperson of the Commission.
C.
In the event that the violation is not abated within 10 days of service
or posting upon the subject structure, whichever is earlier, the Zoning
or Construction Official shall cause to be issued a summons and complaint,
returnable in the municipal Court, charging violation of this article.
The Zoning or Construction Official shall also notify the Chairperson
of the Historic Preservation Commission of this action.
D.
If a violation involves ongoing unauthorized construction or demolition
work, the Construction Official shall immediately issue a stop work
order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119,
et seq.
E.
The penalty for violations shall be as follows:
(1)
For each day, up to 10 days: not more than $1,000 per day;
(2)
For each day, 11 to 25 days: not more than $1,500 per day;
(3)
For each day beyond 25 days: not more than $2,000 per day; and
(4)
In the case of a demolition without a permit therefor, a violation
shall be punishable by fine of up to $10,000.
F.
In the event that the Zoning Official or Construction Official is
made aware that demolition or removal of an historic structure of
structure in the Historic District is about to occur without a proper
permit having been issued, he or she is hereby authorized to apply
to the Superior Court of New Jersey for such injunctive relief as
is necessary to prevent the destruction or removal of any historic
structure. The Chairperson of the Historic Preservation Commission
shall be informed immediately of this action.
