[Ord. No. 2009-22]
The intention of this article is, pursuant to N.J.S.A. 40:55D-1 et seq., 65.1 and 107-112 to effectuate and accomplish the protection, enhancement, sustainability and perpetuation of historic buildings, structures, sites, objects, improvements and historic districts within the Borough of Hightstown, to implement the historic preservation guidance within the Borough's Master Plan, and to advance the following public purposes:
A. 
To safeguard the heritage of Hightstown Borough for future generations by preserving the resources within the Borough which reflect elements of historical significance;
B. 
To identify, designate, and protect historic landmarks and historic districts in order to preserve their historical significance;
C. 
To stabilize and improve property values of historic landmarks, properties within historic districts and surrounding areas;
D. 
To foster economic development and manage growth;
E. 
To encourage the continued use of historic landmarks and historic districts and to facilitate their appropriate use or reuse;
F. 
To maintain and develop an appropriate and harmonious setting for historic landmarks and historic districts within the Borough of Hightstown;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
G. 
To foster civic pride in the history and architecture of Hightstown Borough,
H. 
To promote appreciation of historic landmarks and historic districts for the education, pleasure and welfare of the local population;
I. 
To encourage beautification and private reinvestment in historic landmarks and historic districts, and surrounding properties;
J. 
To advise with regard to change of historic landmarks and historic districts by encouraging appropriate alteration and/or new construction;
K. 
To discourage the unnecessary demolition and/or relocation of historic resources;
L. 
To discourage the conversion of single-family dwellings designated as historic landmarks or as resources within historic districts to multifamily residential use and/or rental units;
M. 
To recognize the importance of historic landmarks and historic districts by encouraging the proper maintenance and preservation of historic resources, and the upkeep of historic settings and landscapes.
[Ord. No. 2009-22]
ADDITION
An extension or increase in the size, floor area or height of any building, structure, site, object or improvement.
ALTERATION
Any change in the exterior features of any building, structure, site, object or improvement.
APPLICATION
A request to the HPC made pursuant to this article for the purposes of obtaining an HPC Opinion or other action hereunder specified.
APPLICATION FOR AN HPC OPINION
Includes exterior reconstruction, rehabilitation, replacement, restoration, demolition, and additions. It also includes the following alterations: fences, lighting, paving, signs and other streetscape changes. If necessary, an applicant may request an amendment to a previously issued HPC Opinion. It shall also be requested by the Planning Board in regard to Planning Board applications associated with and historic landmark or within an historic district.
APPLICATION FOR DEVELOPMENT
An application to the Borough Planning Board for the approval of a major or minor subdivision or site plan, sign, planned development, conditional use or zoning variances, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or 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, N.J.S.A. 40:55D-1 et seq.
BUILDING
Any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances such as a house and a garage.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of this article.
CONSTRUCTION OFFICIAL AND ZONING OFFICER
The officers responsible for the granting of building, construction or sign permits in the Borough.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
DEMOLITION
The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any designated building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade, porch, veranda or other surfaces.
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT
An individual building, structure, site object, improvement or district which has been determined by the Borough of Hightstown to have historical significance pursuant to the provisions of this article.
HERITAGE CONSERVATION
The collective actions of not only historical preservation, but the cultural and social attributes that give cause for the enduring process of maintaining and improving the quality of life of the citizens of Hightstown Borough.
HISTORIC
Having historical, cultural, architectural, archeological, economic, social, or other significance as defined by the provisions of this article.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation by the provisions of this article.
HISTORIC LANDMARK
Any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance. See also "historical site." (N.J.S.A. 40:55D-112.)
HISTORICAL
Of, relating to, or having the character of history.
HPC
The Historic Preservation Commission in the Borough of Hightstown established and operating pursuant to the provisions of this article.
HPC OPINION
A statement given by the Historic Preservation Commission indicating its consideration of an application for reconstruction, rehabilitation, replacement, restoration, demolition, and addition of an historic landmark or resource within an historic district. It may also constitute a response given to the Planning Board in regard to Planning Board applications for development. An HPC Opinion shall constitute a required and necessary "prior approval" pursuant to N.J.A.C. 5:23-1.4 and 2.15(a)5. This opinion shall be a condition precedent to the issuance of construction permit, certificate of occupancy or other approval issued in the Borough for all applications for development and demolition of structures, and the erection of signs, regarding historic landmarks or properties located in historic districts.
An HPC Opinion is a strongly encouraged course of action to be evaluated when altering an historic property. While not obliged to execute the HPC Opinion, the owner of the historic property executing the construction permit is the steward of a valuable heritage resource within the Borough of Hightstown. It is the intent of the HPC Opinion to offer guidance to assure that this heritage resource will be protected and preserved for future generations.
IMPROVEMENT
A building or other structure, or any work constituting a man-made alteration of, or addition to, any building, structure, site or object.
INTEGRITY
The authenticity of a building, structure, site, object, improvement of a historic landmark or resource within an historic district evidenced by the survival of the physical characteristics that existed during its historic 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 criteria of significance pursuant to the provisions of this article.
LANDSCAPE
The visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings and vistas.
MASTER PLAN
The Master Plan of the Borough of Hightstown, as amended from time to time, prepared and adopted by the Planning Board pursuant to the Municipal Land Use Law.
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.
NATIONAL REGISTER CRITERIA
The establishment criteria for evaluating eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.
NEW JERSEY STATE DEVELOPMENT AND REDEVELOPMENT PLAN
Refers to the Plan adopted by the State Planning Commission, as amended from time to time.
NEW JERSEY STATEWIDE HISTORIC PRESERVATION PLAN
Refers to the blueprint for building historic preservation into New Jersey's future, as filed with the United States Department of the Interior and amended from time to time.
OBJECT
Shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
ORDINARY MAINTENANCE AND REPAIR
The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with quality in-kind materials and workmanship. See also N.J.A.C. 5:23-2.7 (Ordinary Maintenance).
PERMIT
Any required approval issued by the Construction Official pursuant to applicable building or construction codes for work or improvement(s) to property, or to a building or structure located thereon or a sign permit issued by the Zoning Officer.
PERSON
Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for him/herself or for any other person, under either personal appointment or pursuant to law. When permitted by context "person" shall also include the United States, the State of New Jersey and/or other states, or any political subdivision thereof, and any foreign country or government.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark or properties within an historic district. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing, by means of new construction, the form, features and detailing of a non-surviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location when documentary evidence is available.
REHABILITATION
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.
REPLACEMENT
The act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature. (For example, doors and windows should be replaced with historically appropriate doors and windows.)
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as a it appeared at a particular period of time. It may also mean the removal of later work or the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department if the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 CFR 68, issued in 1992 and revised and supplemented from time to time.
SITE
Land constituting the location of a significant event, an historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.
STREETSCAPE
The visual character of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
STRUCTURE
Shall be used as a term to distinguish from buildings those functional constructions made usually for the purposes other than creating human shelter, such as a bridge.
SURVEY
The inventory of buildings, structures, sites, objects, improvements and districts located within the Borough of Hightstown which is conducted by the HPC for the ascertainment of their historical significance pursuant to the provisions of this article.
SURVEY DATA
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
VIEW or VISTA
The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road, or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
[Ord. No. 2009-22; Ord. No. 2016-16; Ord. No. 2016-22]
A. 
Establishment. There is hereby established within the Borough of Hightstown, pursuant to N.J.S.A. 40:55D-107 et seq., an "Historic Preservation Commission," also known as the "HPC," whose members shall serve without compensation.
B. 
Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:
(1) 
To identify, record and maintain a survey of all buildings, structures, sites, objects, improvements and Districts of historical significance within the Borough of Hightstown.
(2) 
To recommend to the Mayor and Council the designation of buildings, structures, sites, objects or improvements as historic landmarks, and to recommend the designation of historic districts.
(3) 
To monitor and recommend to the Mayor and Council any buildings, structures, sites, objects, improvements or districts for inclusion in the New Jersey or National Register of Historic Places.
(4) 
To make recommendations to the Planning Board on the Historic Preservation Plan Element of the Master Plan and on the implications of historic landmarks and historic districts of any other Master Plan elements. The HPC may provide information to the Planning Board indicating the location and significance of historic landmarks and historic districts, and identify the standards used to assess worthiness for historic landmark or historic district designation.
(5) 
To advise the Planning Board on applications for development pursuant to N.J.S.A. 40:55D-110.
(6) 
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation to proposed construction.
(7) 
To review and render recommendations regarding applications for HPC Opinions as set forth in this article.
(8) 
To advise the Planning Board, other Borough Commissions and Committees and the Mayor and Council on the inclusion of historic landmarks and historic districts in the Borough's revitalization planning.
(9) 
To monitor and recommend to the Mayor and Council the submission of any grants related to historic preservation.
(10) 
To carry out other advisory, educational and informational functions to promote historic preservation in the Borough.
C. 
Membership; appointment. The HPC shall consist of five regular members and two alternate members, who shall be appointed by the Mayor.
(1) 
At the time of appointment, members shall be designated by the following classes:
(a) 
Class A - A person knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
(b) 
Class B - A person who is knowledgeable in, or who has demonstrated an interest in, local history and who may reside outside the municipality; and
(c) 
Class C - Citizens of the municipality who shall hold no other municipal office, position or municipal employment except for membership on the Planning Board. Class C members should have at a minimum a demonstrated interest in history, historic preservation or a related field.
(2) 
Of the five regular members, a total of at least two members shall be of Classes A and B. Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
D. 
Terms:
(1) 
The terms of the members first appointed under this act shall be so determined that to the greatest practicable extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter the term of a regular member shall be four years, the term of an alternate member shall be two years.
(2) 
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(3) 
A vacancy occurring otherwise than by the expiration of term shall be filled for the unexpired term only.
(4) 
Members and alternates of the HPC already seated at the time of the adoption of this article shall serve their terms as previously appointed. Future appointments shall abide pursuant to the provisions of this article.
E. 
Role of alternates. The alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
F. 
Liaison. A member of the Hightstown Borough Council shall be designated as a liaison between the Historic Preservation Commission and the Mayor and Council. The role of such liaison person shall be informational only and such person shall possess no voting rights with regard to any action taken by the Commission.
G. 
Advisors. The HPC may request the presence of historic preservation advisors, such as members of another municipality's Historic Preservation Commission, to participate in discussions with the Hightstown Borough HPC. The role of advisor shall be informational only and such person shall possess no voting rights with regard to any action taken by the Commission.
H. 
Officers. Annually, the Commission shall elect a Chair and Vice Chair from its members and select a secretary who may or may not be a member of the Commission or municipal employee.
I. 
Budget. The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the governing body, unless the governing body appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this section shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
J. 
At the request of the Mayor and Council, the Commission shall submit a budget to the Mayor and Council for their review and approval in accordance with N.J.S.A. 40:12-7.
K. 
Rules of Commission:
(1) 
The Commission shall conduct its operations consistent with the provisions of this article in order to achieve the timely, efficient review of applications for HPC Opinions and for the designation of historic landmarks and historic districts.
(2) 
In order to make available to the public information useful to the preservation and protection of historic landmarks and historic districts and to provide the basis for consistency of policy, the Commission's secretary shall maintain complete public files and records. The Commission's files shall include but are not limited to data used in the classification of buildings, structures, sites, objects, improvements and districts, minutes of Commission meetings, applications for HPC Opinions along with collateral data, decisions and appeals associated therewith and information, materials and references submitted to the public related to historic preservation. Any formal action taken by the Commission shall be by resolution or by motion duly recorded in the minutes. A record of Commission proceedings shall be kept as minutes and made available to the public, but no formal verbatim record shall be required.
(3) 
The Commission secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, reports, findings, determinations, decisions and applications, which shall be public documents. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Copies of all minutes shall be maintained in the Municipal Building and shall be delivered to the Municipal Clerk.
(4) 
Copies of records shall be made available to municipal bodies, agencies, and officials for their use. When the Planning Board refers an application to the Historic Preservation Commission, then the referring Board shall receive a copy of the Commission's report.
(5) 
The Planning/Zoning Offices shall maintain and display an up-to-date Zoning map showing the boundaries of all areas designated as historic districts, as well as the locations of all historic landmarks.
(6) 
No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property which is the subject of an application, mere ownership or residence in a designated historic district and/or ownership of a designated historic landmark or a non-designated property within a historic district shall not be deemed a personal financial interest.
L. 
Removal.
(1) 
A member of the Commission may, after public meeting, if requested, be removed by the governing body for cause.
(2) 
An HPC Commissioner shall forfeit his/her HPC membership when that member is absent without being excused during three consecutive regularly scheduled monthly meetings in any calendar year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(3) 
Nothing herein shall prevent the subsequent re-appointment of the same individual at the discretion of the Mayor and Council.
M. 
Meetings; quorum.
(1) 
The Historic Preservation Commission shall establish and post in the Municipal Building a regular schedule of meetings, which shall include a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of quorum, lack of applications to process or for other good reason(s), which shall be noted in the minutes.
(2) 
The Historic Preservation Commission shall hold public meetings to review all applications for HPC Opinions, referrals of development applications and other business which comes before the Commission.
(3) 
The presence of three members, which may include alternate members filling the vacancies of regular members, shall constitute a quorum. Liaison and Advisor person(s) are not entitled to vote and shall not be counted towards achieving a quorum. A majority vote of those present and voting shall prevail, and shall be sufficient to render an HPC Opinion or other business matter. Not less than a majority of the appointed membership shall be required to designate or change an historic landmark or historic district designation or to render an HPC Opinion for demolition or use changes of an historic landmark or a resource within an historic district.
[Ord. No. 2009-22]
A. 
Survey. The Commission shall maintain a comprehensive survey of the Borough of Hightstown to identify historic landmarks and historic districts that are worthy of protection and preservation.
B. 
Criteria for designation. The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register Criteria. Because of the critical importance of the Camden and Amboy Railroad, and the economic and associated architectural development that occurred from 1825 - 1925 in the Borough, particular importance will be assigned to surviving historical resources from this era. The Commission or any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register Criteria or that possess one or more of the following criteria:
(1) 
Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough of Hightstown, State of New Jersey, or the United States of America; or
(2) 
Association with events that have made a significant contribution to the broad patterns of the Borough's history; or
(3) 
Association with the lives of persons significant in the Borough, state or nation's past; or
(4) 
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
(5) 
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the Borough, state or nation; or
(6) 
Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or
(7) 
Unique location or singular physical characteristics that make a district or historic landmark an established or familiar visual feature; or
(8) 
Ability or potential ability to yield information important in prehistory or history.
C. 
Procedures for designation:
(1) 
Persons wishing to make a nomination shall contact any member of the Commission regarding consideration of a proposed historic district or historic landmark. The Commission may also initiate the designation of an historic landmark or historic district. The Commission will schedule a meeting to review the proposed historic district or historic landmark.
(2) 
A nomination to propose a historic landmark shall include the following information which addresses the criteria set forth herein:
(a) 
A photograph of the proposed landmark; and
(b) 
A copy of the municipal tax map showing the property on which the proposed landmark is located; and
(c) 
A physical description of the proposed landmark; and
(d) 
A statement of significance.
(3) 
A nomination to propose a historic district shall include the following information which addresses the criteria for designation as set forth herein:
(a) 
A building-by-building inventory of all properties within the district; and
(b) 
A photograph of all properties within the district; and
(c) 
A copy of the municipal tax map of the district showing boundaries; and
(d) 
A physical description of the proposed district; and
(e) 
A statement of significance.
(4) 
Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public meeting on the proposed designation.
(5) 
At least 20 days prior to the public meeting, the Borough shall, by personal service or certified mail, perform the following:
(a) 
Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record of all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefore;
(b) 
Advise the owner(s) of record about the significance and consequences of such designation, and of the rights of the owner(s) of record to support or contest such designation under the provisions of this article;
(c) 
Notify the owner(s) of record of the date, time and location of the meeting concerning the proposed designation of the property or district; and
(d) 
Serve any further notices as may be required under the provisions of the Municipal Land Use Law.
(6) 
If a property owner is unable to attend the public meeting, he or she may, within 10 days of the meeting, send a certified letter to the Chair of the HPC (at Borough Hall), supporting or contesting the nomination.
(7) 
At least 10 days prior to the public meeting, the Commission shall also cause public notice of the meeting to be published in the official newspaper of the Borough.
(8) 
At least 10 days prior to the public meeting, a copy of the nomination report shall be made available for public inspection in the Municipal Offices of the Borough of Hightstown.
(9) 
At the public meeting scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(10) 
Designation of an historic district shall not proceed over the objection of 51% of owners of the property in the district, in accordance with the procedural guidelines set forth by the National Register of Historic Places. Each property shall be entitled to one vote.
(11) 
If the proposed nomination is approved by the Commission, then the Commission shall forward a report to the Mayor and Council, which shall contain a statement of the Commission's recommendations and the reasons therefore. The governing body's action on designating an historic landmark or an historic district shall then be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(12) 
All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.
(13) 
Upon adoption of an ordinance by the governing body designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district(s) within which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Zoning Map of the Borough as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning/Zoning Office, as well as the offices of the Construction Official, Borough Tax Assessor and Borough Clerk.
(14) 
Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.
[Ord. No. 2009-22]
A. 
Pursuant to N.J.S.A. 40:55D-110, the Planning Board shall refer to the Historic Preservation Commission every application for development submitted involving historic landmarks or properties located within historic districts. This referral shall be made when the application for development is deemed complete or is scheduled for a meeting, whichever occurs sooner. The Historic Preservation Commission may provide its advice on said application, which shall be conveyed through its delegation of one of its members or staff to testify orally at the meeting on the application and to explain any written report(s) that the Commission may have provided to the Board concerning the proposed application.
B. 
On all matters referred to the Historic Preservation Commission which require approval by the Planning Board, the decision of the Commission shall be a recommendation and be considered by the Planning Board as advisory in nature. In reviewing applications for development, the Commission may comment on any of the zoning and land use considerations which are relevant to the application.
C. 
Conversion of single-family housing to multifamily residential units and/or rental units. Because historic structures designated as historic landmarks or as part of historic districts predominantly retain their original usage as single family dwellings, it is in the public interest to retain this usage in order to promote heritage conservation of neighborhoods and the resultant historic community fabric.
D. 
The Historic Preservation Commission will recommend to the Planning Board that when use changes of multi-family homes are proposed that conversion from multifamily homes to single-family dwellings is recommended and that the original use and configuration during the homes' period of significance should be respected.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
E. 
An approval by the Planning Board as the case may be, does not relieve the applicant of the requirement of obtaining an HPC Opinion from the Commission (see below) for those aspects for work not approved by the application for development.
[Ord. No. 2009-22]
A. 
When required an HPC Opinion shall be required before any work is commenced that affects the exterior or structural integrity of any historic landmark or resource within any historic district, including but not limited to the following:
(1) 
Demolition of any building, structure, site, object or improvement.
(2) 
Relocation of a principal or accessory building, structure, site, object or improvement.
(3) 
Any addition to or new construction of a principal or accessory building, structure, site, object or improvement.
(4) 
Any work that affects the exterior or structural integrity of an historic landmark or resource located within an historic district whereby a permit is required to be issued by the Construction Official except as exempted below in Subsection B(1) and (3).
(5) 
The replacement of the following exterior features visible from the street: windows and/or window trim, shutters, doors and/or door trim, fascia, soffits, exterior wall materials, fretwork (gingerbread), dentils, bracket, metal reliefs, lights, porches or portions thereof (see § 2-45-2 for further descriptions).
B. 
When not required:
(1) 
An HPC Opinion shall not be required before a permit is issued by the Construction Official for changes to the interior of a structure.
(2) 
An HPC Opinion shall not be required for exterior or interior painting or color changes of existing structures.
(3) 
An HPC Opinion shall not be required if, in the opinion of the Commission, the work contemplated constitutes "ordinary maintenance and repair" as defined by this article. In such cases, and if a permit is not required for the proposed work, the Commission shall promptly notify the Construction Official and the Applicant that an HPC Opinion is not required as a precondition to the issuance of a permit. See N.J.A.C. 5:23-2.7.
C. 
Procedures.
(1) 
Except for the circumstances described in Subsection B(1) and (2) above, no work requiring a permit issued by the Construction Official shall be performed that affects the exterior or structural integrity of any historic landmark or on any building, contributory structure, site, object or improvement located within an historic district until either an HPC Opinion has been issued by the Commission for such work or until a determination has been made by the Commission that no HPC Opinion is necessary for such work due to the fact that the work constitutes "ordinary maintenance and repair" pursuant to Subsection B(3) above.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(2) 
All applicants for permits for work on historic landmarks or resources located within historic districts which requires an HPC opinion, or a determination of the non-necessity for an HPC opinion pursuant to Subsection B(3) above, shall complete the appropriate permitting application form(s) as required by the Construction Official.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(3) 
Upon receipt of a permit application for work on a historic landmark or resource within a Historic District, the Construction Official will advise the applicant that the Construction Office is required to request an HPC Opinion from the Historic Preservation Commission prior to permit issuance.
(4) 
To facilitate Commission review of permitting applications, applicants should provide sketches, drawings, photographs, descriptions or other information to show the proposed alterations, additions, changes or new construction. Applicants for demolition shall include current and historical photographs of the interior and exterior of the building, and are required to disclose any knowledge of the historic criteria of the building, structure, site, object or improvement as identified in § 2-45-4B of this article.
(5) 
The Construction Official shall forward a copy of all permit applications dealing with historic landmarks or historic districts to the Commission prior to the issuance of the requested permit, except where the permit relates to the type(s) of work described in Subsection B(1) and (2) above.
(6) 
The Commission shall render a decision on each application for an HPC Opinion or for the determination of non-necessity pursuant to Subsection B(3) above, and submit its report to the Construction Official within 45 days of referral of same by the Construction Official. Failure to report within 45 days shall be deemed to constitute a report in favor of the permit and without a recommendation of conditions to the permit. Nothing herein shall prohibit extension of time by mutual agreement of the applicant and the Commission.
D. 
Informational meetings. Persons considering action that requires an HPC Opinion may request an informal "informational meeting" with the Commission, or its individual members prior to submitting permit requests that will require an HPC Opinion to be issued by the Commission or for a determination of non-necessity pursuant to Subsection B(3) above. Requests for such informational meetings shall be made to the Chair of the Commission. The informational meeting shall be conducted within 30 days of such a request. The purpose of the informational meeting is to review the proposed work and the procedures for obtaining an HPC Opinion or a determination of non-necessity pursuant to Subsection B(3) above.
E. 
Application process for an HPC Opinion for any historic landmark or properties located within an historic district:
(1) 
HPC Opinion as required in association with construction permits: Permits associated with demolition/relocation are uniquely processed as defined in § 2-45-8 herein. All other construction permit applications are processed as follows: Upon receipt of any permit application affecting the visible exterior or structural integrity of an historic landmark or property located within an historic district, the Construction Official shall notify the HPC Chair of the permit request in order to seek an HPC Opinion prior to issuance of permit.
(a) 
The Construction Official shall also notify the HPC Chair of any permit request for signage, fences, lighting, sidewalks, curbing, or other property modifications requiring a permit for the streetscape, street-facing side(s) of any historic landmark or property located within an historic district.
(b) 
Upon request for HPC Opinion from the Construction Official, the HPC Chair shall assemble a meeting with HPC Commissioners and request attendance of the permit applicant (although the applicant's attendance shall not be mandatory to proceed). The HPC shall formulate an HPC Opinion regarding the permit request. The meeting shall be convened within 15 business days of referral by the Construction Official. The permit applicant is encouraged to attend as this process is designed to be an open public discussion regarding the importance of maintaining Hightstown's heritage assets, and to help formulate restoration and rehabilitation ideas for significant construction changes to historic properties in order to preserve their character for future generations.
(c) 
The HPC shall notify (in writing) the Construction Official and the applicant of the HPC Opinion within three business days following the HPC meeting during which the HPC Opinion was formulated regarding the permit request.
(d) 
Upon notification by the Construction Official of a permit request, the HPC Chair or Vice Chair may, in consultation with at least two additional HPC Commissioners, render an HPC Opinion without convening the full membership of the HPC. The HPC Chair or Vice Chair shall document such action, and provide an HPC Opinion indicating the HPC agrees to issue the associated permit. This option is provided to assure the efficient processing of routine permit requests, minimizing any delays to the permit applicant as the HPC encourages the restoration, rehabilitation and routine upkeep of historic properties, consistent with the Hightstown Borough Master Plan.
(e) 
Upon receipt of the HPC Opinion, the Construction Official or Zoning Official, as the case may be, may issue the permit as he/she determines per local ordinances pertaining to the property/action requested by the applicant. The Construction Official shall attach a copy of the HPC Opinion to the permit for the applicant's reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(f) 
Failure of the Commission to render its written determination to the Construction Official within 45 days shall be deemed to constitute a determination in favor of the issuance of the permit for the proposed work and without conditions. In the event that the applicant has consented to an extension of time to consider the application, the Construction Official shall be notified of said determination and no HPC Opinion or permit shall be issued for the proposed work until a determination has been rendered by the Commission during the extension period.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(g) 
The owner shall post the HPC Opinion, whether or not the work is proceeding in accord with the HPC Opinion, along with the permit on a conspicuous spot on the exterior of the designated property visible to the public during the entire process of work.
(h) 
When an HPC Opinion has been issued, the Construction Official, or his appointee shall, from time to time, inspect the work approved by the permit and shall regularly report to the Commission the results of such inspections, identifying the work inspected and stopping any work not in accordance with the construction permit.
(2) 
HPC Opinion as required in association with Planning Board applications:
(a) 
All Planning Board applications for development affecting property associated with a local historic landmark or historic district are required to have an HPC Opinion as guidance to the Planning Board deliberations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(b) 
Upon receipt of any application to the Planning Board affecting an historic landmark or properties located within an historic district, the Planning Board secretary shall notify and distribute copies of the application to the HPC Commissioners.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(c) 
The Planning Board Chair, shall request from the HPC Chair an HPC Opinion regarding the application with any specific information, details or research the Planning Board may wish the HPC to provide to aid in the review of the application.
(d) 
The HPC Chair, upon receipt of the request for an HPC Opinion from the Planning Board Chair, shall convene a meeting of the HPC to develop an HPC Opinion regarding the application. Should the Planning Board request research or other items that may require an extended time period, the HPC Chair will notify the Planning Board Chair regarding the anticipated timeframe for rendering the HPC Opinion in order to facilitate scheduling the application on the Planning Board agenda.
(e) 
The HPC shall issue an HPC Opinion, (in writing), to the Planning Board and Applicant, detailing their guidance regarding the application that will assure Hightstown's heritage assets are protected and preserved consistent with prevailing preservation practices and standards, and the Hightstown Borough Master Plan.
(f) 
As part of the Planning Board public meeting associated with the application, the HPC Opinion regarding said application shall be submitted and read into the public record as part of the Planning Board deliberations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
(g) 
Upon review of the application, the HPC may determine that HPC Commissioners should attend the Planning Board public meeting and offer the HPC Opinion as part of the public meeting in order to benefit from the applicant's testimony before the Planning Board. The HPC Chair will notify the Planning Board Chair when such procedure is advised, rather than issuance of the HPC Opinion prior to the Planning Board's public meeting on the application.
(h) 
When it is advised that the HPC Opinion be given by HPC Commissioners at the Planning Board public meeting, the Planning Board Chair shall accommodate within the Planning Board's deliberations the opportunity for the HPC to offer guidance regarding the application.
(i) 
While advisory, the HPC Opinion for planning/zoning changes is critically important to the decision-making process by the Planning Board in order to preserve Hightstown's heritage assets, consistent with the Borough's Master Plan. Any departure by the Board from the recommendations of the HPC should be documented with the Board's reasons for not abiding by the HPC Opinion as part of the Planning Board resolution associated with the application for development.
(3) 
HPC Opinion as required for exterior streetscape changes not involving a construction permit [types of changes further defined in § 2-45-6A(5)].
(a) 
Any construction or changes to the exterior of property associated with an historic landmark or property located within an historic district as defined in § 2-45-6A(5) shall require the property owner to seek an HPC Opinion prior to commencing such actions.
(b) 
Prior to executing construction or changes as defined in § 2-45-6A(5), the property owner shall notify (in writing) the HPC Chair of their intent with descriptive details, photos, intended materials of construction, etc. sufficient for the HPC to prepare an HPC Opinion regarding the changes.
(c) 
Upon request for HPC Opinion from the historic landmark or historic district property owner, the HPC Chair shall assemble a meeting with HPC Commissioners and request attendance of the permit applicant (although the property owner's attendance at the meeting shall not be mandatory to proceed). The HPC shall formulate an HPC Opinion regarding the request. The meeting shall be convened within 15 business days upon receipt of the property owner's letter by the HPC Chair. The property owner is encouraged to attend the HPC meeting as this process is designed to be an open discussion regarding the importance of maintaining Hightstown's heritage assets, and to help formulate restoration and rehabilitation ideas for significant construction changes to historic properties in order to preserve their character for future generations.
(d) 
The HPC shall notify in writing the property owner of their Opinion within three business days following the HPC meeting during which the HPC Opinion was formulated regarding the permit request.
(e) 
Upon receipt of the property owner's letter requesting an HPC Opinion, the HPC Chair may, in consultation with at least two additional HPC Commissioners, determine that the changes should proceed without convening the full membership of the HPC to deliberate. The HPC Chair shall document such action, and provide an HPC Opinion indicating the HPC agrees with the property owner's actions. This option is provided to assure the efficient processing of routine changes, minimizing any delays for the historic landmark/district property owner as the HPC encourages the restoration, rehabilitation and routine upkeep of historic properties, consistent with the Hightstown Borough Master Plan.
(f) 
Failure of the Commission to render its written determination to the property owner within the 45 days shall be deemed to constitute a determination in favor of the work proposed by the property owner. In the event that the applicant has consented to an extension of time to consider the application, the HPC Opinion shall be issued for the proposed work when a determination has been rendered by the Commission and the property owner during the extension period.
(g) 
The owner shall post the HPC Opinion, whether or not the work is proceeding in accord with the HPC Opinion, on a conspicuous spot on the exterior of the designated property visible to the public during the entire process of work.
F. 
Application review for HPC Opinion.
(1) 
The Commission shall hold public meetings as detailed in § 2-45-6E on all applications for an HPC Opinion. No public meeting shall be required in order for the Commission to render a determination of non-necessity pursuant to Subsection B(3) above.
(2) 
Prior to holding a public meeting on an application for an HPC Opinion, the Commission shall, in addition to complying with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., notify the applicant in person or in writing of the meeting setting forth the time, date and place of the meeting.
(3) 
An applicant for an HPC Opinion shall not be required to appear or to be represented at the meeting in order for the Commission to consider the application requiring an HPC Opinion, and the Commission may take action in the absence of the applicant.
(4) 
At the public meeting, the Commission shall allow all interested persons the opportunity to be heard concerning the issuance of an HPC Opinion for the proposed work.
(5) 
After conducting the public meeting, the Commission shall render an HPC Opinion. All HPC Opinions shall be in writing with an explanation of the reasons for the Opinion. The Commission may render an HPC Opinion if it finds the application appropriate to the Historic Landmark or Historic District and in conformity with § 2-45-7. The Commission may also issue within its Opinion certain condition(s), which shall be set forth in detail in the Commission's written decision. The Commission may also strongly recommend against the subject work if it finds the application inappropriate to the historic landmark or historic district resource and/or not in conformity with the said standards and criteria. The HPC Opinion will contain an explanation of this finding and suggestions of how the application could be revised to reflect the preservation goals stated within this article.
G. 
Emergency procedures.
(1) 
When an historic landmark or historic district property requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes immediately upon approval of the Construction Official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining an HPC Opinion for the Commission. Under such circumstances, the repairs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or the health and safety of its occupants or others. Where feasible, temporary measures to prevent further damage shall be used, provided these measures are reversible without damage to the building or structure.
(2) 
Simultaneously with the issuance of the permit and commencement of the emergency work, the Construction Official shall make a request for an HPC Opinion from the Commission memorializing the approval of said emergency work.
(3) 
It should be noted that the procedures outlined in this subsection should be strictly limited to those circumstances which, in the opinion of the Construction Official, rise to the level of bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Construction Official and Historic Preservation Commission pursuant to Subsection E above.
H. 
Requirement of obtaining HPC Opinion for government actions or projects involving historic properties.
(1) 
It is recognized that the intent and purposes of this article would not be fully served if the Borough and other governmental agencies do not apply these same standards to public projects. The Borough, when it plans to undertake any work on any municipally owned historic landmark or on any municipally owned property within an historic district, shall submit such plans to the Historic Preservation Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
(2) 
In those circumstances where the Borough cannot comply, as in certain cases involving the county, state and federal governments, and the East Windsor-Regional School District, the Borough most strongly urges the voluntary cooperation of such agencies in seeking an HPC Opinion and hereby directs the Commission to promptly consider such requests and applications.
I. 
Public notice of Hightstown's preservation efforts, recognizing stewards of historic assets and heritage conservation.
(1) 
At a minimum of semiannual frequency, the HPC shall publish in the local newspaper and/or Borough website a summary of actions and activities related to HPC Opinions and Hightstown property owner's actions as stewards of Hightstown's historic properties.
J. 
A review of HPC Opinions rendered during that time period shall be presented to include a brief summary of the HPC Opinions and locations of the properties considered.
[Ord. No. 2009-22]
A. 
The purpose of this section is to provide uniform standards and criteria for the protection and preservation of historic landmarks and historic districts for use by the Historic Preservation Commission. All projects requiring an HPC Opinion and all applications for development on historic landmarks or in historic districts shall be governed by the principles of the Secretary of the Interior's Standards for Rehabilitation (as contained within the Secretary of the Interior's Standards for the Treatment of Historic Properties) and by the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, copies of which shall be on file in the Clerk's office.
B. 
In considering development application referrals from the Planning Board, the Historic Preservation Commission may consider use, zoning requirements and setbacks, density, height limitations, lot coverage and design characteristics in rendering its advice to the Planning Board as related to historical appropriateness.
C. 
Criteria for review. In its review of historic landmarks or properties located within an historic district, the Commission shall give consideration to the following criteria:
(1) 
The historical value of the landscape or streetscape.
(2) 
The historical value of a building, structure, site, object improvement or district and its relationship to the property of the surrounding area.
(3) 
The general compatibility of the proposed use to the historical value of the surrounding area.
(4) 
The general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical fabric of the surrounding area. In carrying out its review under these guidelines, the following criteria shall be utilized:
(a) 
All exterior elevations, including the roof must be maintained and new construction must be compatible with existing structures, districts and surrounding areas.
(b) 
Inkind or similarly compatible building materials are to be utilized.
(c) 
Such other design standards or criteria as may be adopted by HPC by Rule.
[Ord. No. 2009-22]
A. 
Criteria. In regard to an application for a permit to demolish or relocate an historic landmark or an historic district resource, the following matters shall be considered:
(1) 
Its current and potential use for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
(2) 
The probable impact of its removal upon the architectural cohesiveness of the historic landmark's neighborhood or an historic district.
(3) 
The structural soundness and integrity of the building, structure, site, object or improvement and the economic feasibility of restoring or rehabilitating same so as to comply with the requirements of the applicable construction codes.
(4) 
The compelling reasons for not retaining the building, structure, site, object or improvement at its present location, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the building, structure, site, object or improvement as a result of the relocation.
(5) 
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this article and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
B. 
Procedure.
(1) 
Demolition and relocation of historic resources within the Borough of Hightstown is considered a significant loss to the town's heritage, inconsistent with the Borough's Master Plan, and should be discouraged to avoid such actions.
(2) 
Notification of intent to HPC. The historic resource property owner, prior to seeking a demolition permit from the Construction Official, shall notify (in writing) the HPC Chair of the intent to demolish/relocate the historic resource. The written notification of intent will set forth the property owner's detailed reasons for demolition/relocation.
(3) 
Upon receipt of the permit request for demolition/relocation of the historic property, the Construction Official shall forward copy of the permit request to the HPC Chair, requesting an HPC Opinion.
(4) 
Upon request for HPC Opinion from the Construction Official, the HPC Chair shall assemble a meeting with HPC Commissioners and request attendance of the permit applicant (although the applicant's attendance shall not be mandatory to proceed). The HPC shall formulate an HPC Opinion regarding the permit request. The meeting shall be convened within 15 days of referral by the Construction Official. The permit applicant is encouraged to attend as this process is designed to be an open discussion regarding the importance of maintaining Hightstown's heritage assets, and to help formulate restoration and rehabilitation ideas for significant construction changes to historic properties in order to preserve their character for future generations.
(5) 
The HPC shall notify in writing the Construction Official and the applicant of the HPC Opinion within 45 business days following the HPC meeting during which the HPC Opinion was formulated regarding the permit request.
(6) 
Failure of the Commission to render its written determination to the Construction Official within 45 days of referral to the HPC of the permit request by the Construction Official shall be deemed to constitute a determination in favor of the issuance of the permit for the proposed work and without conditions. In the event that the applicant has consented to an extension of time to consider the application, the Construction Official shall be notified of said determination and no HPC Opinion or permit shall be issued for the proposed work until a determination has been rendered by the Commission during the extension period.
(7) 
Upon receipt of an HPC Opinion favorable to the demolition/relocation of the historic property, the Construction Official may issue the permit as he/she determines per local ordinances pertaining to the property/action requested by the applicant. The Construction Official shall attach a copy of the HPC Opinion to the permit for the applicant's reference.
(8) 
Upon receipt of an HPC Opinion unfavorable to the demolition/relocation of the historic property, the Construction Official shall notify the applicant that the HPC has determined an unfavorable HPC Opinion with regard to the subject property, providing copy of the written HPC Opinion to the applicant.
(9) 
Where demolition is disapproved. In the event that the Historic Preservation Commission issues an HPC Opinion advising against demolition of a historic landmark or a building, structure, site, object or improvement located in an historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish same, provided that all of the procedural requirements listed in § 2-45-8 have been fully met.
(10) 
The owner shall post the HPC Opinion, whether or not the demolition/relocation is proceeding in accord with the HPC Opinion, along with the permit on a conspicuous spot on the exterior of the designated property visible to the public during the entire process of work.
(11) 
Approval after change of circumstances. The Commission may at any time during the process outlined in this § 2-45-8, if a significant change in circumstances occurs, issue an HPC Opinion favoring the demolition/relocation, in which event, a permit from the Construction Official shall be issued.
[Ord. No. 2009-22]
It shall be the duty of all municipal officials 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 an HPC Opinion. If it should, the official shall inform the Construction Official and the applicant, as well as the Historic Preservation Commission.
[Ord. No. 2009-22]
A. 
Violations. If any person shall undertake any activity regarding an historic landmark or property located within an historic district without first having obtained a posted HPC Opinion as provided in this article, such person shall be deemed to be in violation of this article.
B. 
Penalties designated. Any person who commits a violation of this article shall, in the discretion of the Municipal Court Judge, be subject to a fine not to exceed the statutory maximum and/or be required to correct, abate and/or restore the premises or property to its previous condition.
C. 
Injunctive relief. In the event that any person becomes aware that any type of activity is about to occur which would permanently and adversely change an historic landmark or a property located within an historic district, such as demolition or removal, without the issuance of an HPC Opinion by the Commission and the procedural requirements executed as described herein, that person shall immediately notify the Construction Official, who shall then immediately contact the Borough Attorney and the Chair of the Historic Preservation Commission so that an application to the Superior Court of New Jersey may be made for such injunctive relief as necessary to prevent the activity.
[Ord. No. 2009-22]
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.
[Ord. No. 2009-22]
This article shall be liberally construed to effect the purposes set forth herein. In the event that this article conflicts with state law, state law shall prevail.
[Ord. No. 2009-22]
Any matter concerning the Historic Preservation Commission which is not set forth in this article shall be governed by the provisions of N.J.S.A. 40:55D-65.1 and 107-112.