[HISTORY: Adopted by the Township Council of the Township
of Stafford 5-10-2022 by Ord. No. 2022-15. Amendments noted where applicable.]
This chapter shall be known and may be referred to by the short
title of the Historic Preservation Ordinance of Stafford Township.
This chapter does not require or prohibit any particular architectural
style; rather, its purpose is to preserve the past by making the past
compatible with and relevant to the present. To that end:
A.
This chapter is not intended to apply to structures in subdivisions
of 24 lots or more approved since 1950.
C.
Unless on or eligible to be on the New Jersey or National Register
of Historic Places, no structure built after 1950.
D.
The following tools are intended to be used to persuade and induce
preservation and adaptive reuse of historic structures. These tools
will require further authorizations before implementation.
(1)
Historic facade easement to be owned by the Township of Stafford.
The historic facade easement is an agreement in part to maintain the
structure consistent with the Secretary of the Interior standards
as interpreted by the Historical Commission.
(2)
The Stafford Township Zoning or Planning Boards may relax certain
development standards in consideration of the preservation of historic
structures. Such standards may include but not be limited to the following:
(3)
The Township may authorize grants to improve historic structures
with funds from the open space tax. Grants would be conditional, requiring
that funded improvements be consistent with the Secretary of the Interior
standards as interpreted by the Historical Commission, Zoning Board,
and Planning Board. Property owners would be required to maintain
the historic elements of structures maintained or improved using Township
grants with a historic facade easement. If the property owners desired
to modify the structure in a fashion inconsistent with the historic
easement, any grant funds would need to be refunded to the Township
and the historic easement be removed with approval prior to modification.
The grant process would require that open space funds be available
and approved by the Township Governing Body after review and approval
by the Historic Commission.
These historic preservation regulations are intended to effectuate
and achieve the protection, enhancement and preservation of distinctive
elements of the Township's environment or character in order:
A.
To safeguard the heritage of Stafford Township by preserving resources
within the Township which reflect elements of its cultural, social,
economic, agricultural and architectural history.
B.
To provide for quality of life, sense of place and uniqueness of
this Township among many other suburban communities in New Jersey
and the nation.
C.
Revitalize underutilized historic structures or neighborhoods.
D.
To encourage the continued use of historic landmarks and to facilitate
their reuse.
E.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
or site objects within Stafford Township.
F.
To stabilize and improve property values and foster civic pride in
the built environment.
G.
To promote appreciation of historic resources for education, pleasure
and the welfare of the local population.
H.
To encourage beautification and private reinvestment.
I.
To discourage the unnecessary demolition of historic resources.
J.
To recognize the importance of individual historic landmarks by urging
property owners and tenants to maintain their properties in keeping
with the requirements and standards of this chapter.
K.
To encourage the proper maintenance and preservation of historic
settings and landscapes.
L.
To encourage appropriate alterations of historic landmarks.
M.
To enhance the visual and aesthetic character, diversity, continuity
and interest in the Township.
N.
To promote the conservation of historic sites and to invite and encourage
voluntary compliance.
O.
To provide conservation of embodied energy or the captured carbon
footprint and life cycle energy cost of a structure. In other words,
the most sustainable building is the building that already exists.
As used in this chapter, the following terms shall have the
meanings indicated.
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior architectural
appearance of any landmark.
The person designated by the Township Council to handle the
administration of historic project review applications, as well as
the coordination of building permit applications, as referenced in
this chapter.
Any work done on any improvement which 1) is not an addition
to the improvement and 2) constitutes a change by addition or replacement
in the exterior architectural appearance of an improvement.
References to architectural styles are for general identification
and should be interpreted in the broadest way. The use of these terms
is intended to either exclude or include structures to be protected
by this chapter. Styles are an indication of "an embodiment of the
distinctive characteristics of a type, period, or method of architecture
or engineering."
A structure created to shelter human activity.
The certificate issued by the Administrative Officer required
prior to undertaking demolition of an individually designated historic
structure and its accessory buildings or structures, pursuant to this
chapter. In all cases where either land use Board has jurisdiction
over an application, the certificate shall operate as an advisory
recommendation to the Board.
Partial or total razing or destruction of any landmark or
of any improvement.
The purposeful or neglectful care or lack of care to structure
to render the building structurally unfit, subject to fire or other
natural destruction to render the building effectively demolished
or qualifying to be demolished.
The condition of being in need of repairs; a structure or
building in poor condition.
Is an easement recorded against the property requiring that
the property and its facade be preserved indefinitely by the grantor
their successors and assigns. Such an easement shall be offered by
the property in exchange for some municipal benefit such as variance
relief of some nature.
Shall be buildings that meet the criteria of this Chapter 123 that are worth preserving on an advisory level. These style houses include but are not limited to:
|
Historic Preservation Commission - List Of Properties To Include
In Ordinance
| ||||||
|---|---|---|---|---|---|---|
|
Block
|
Lot
|
Qualifier
|
Tax Map
|
House Number
|
Property/Street
|
Description
|
|
1
|
6
|
1
|
1423
|
Main Street, Warren Grove
|
Church
| |
|
1
|
14
|
1
|
Simm Place Road, Warren Grove
|
Club
| ||
|
4
|
22
|
1
|
1478
|
Pancoast Road, Warren Grove
| ||
|
50
|
4.01
|
55
|
904
|
North Main Street
| ||
|
51
|
1.1
|
51
|
103
|
Beachview Avenue
| ||
|
51.14
|
46
|
69
|
550
|
North Main Street
| ||
|
58
|
3
|
75
|
312
|
North Main Street
| ||
|
59
|
1
|
75
|
190
|
North Main Street
| ||
|
59
|
2
|
75
|
182
|
North Main Street
| ||
|
59
|
12.02
|
75
|
120
|
North Main Street
|
Baptist Church
| |
|
59
|
12.01
|
75
|
120
|
North Main Street
| ||
|
59
|
14
|
75
|
140
|
North Main Street
| ||
|
62
|
20
|
75
|
45
|
Oxycocus Road
| ||
|
121.01
|
14
|
81
|
49
|
West Bay Avenue
|
Grist Mill at Heritage Park
| |
|
123
|
34
|
82
|
180
|
Old Broadway
| ||
|
123.01
|
18.01
|
86
|
386
|
South Main Street, Cedar Run
| ||
|
123.01
|
19
|
91
|
386
|
South Main Street, Cedar Run
| ||
|
123.01
|
20
|
91
|
400
|
South Main Street, Cedar Run
| ||
|
123.01
|
21
|
61
|
406
|
South Main Street, Cedar Run
| ||
|
123.01
|
22
|
91
|
412
|
South Main Street, Cedar Run
| ||
|
123.01
|
27
|
90
|
48
|
Oak Avenue, Cedar Run
| ||
|
123.01
|
33
|
90
|
74
|
Oak Avenue, Cedar Run
| ||
|
124
|
46
|
96
|
478
|
South Main Street
| ||
|
124
|
54.02
|
96
|
508
|
South Main Street
| ||
|
124
|
55
|
96
|
550
|
South Main Street
| ||
|
124
|
56
|
96
|
560
|
South Main Street
| ||
|
124
|
57
|
96
|
570
|
South Main Street, Cedar Run
|
Cedar Run Methodist
| |
|
124
|
58
|
96
|
576
|
South Main Street
| ||
|
124
|
87
|
100
|
720
|
South Main Street
| ||
|
124
|
87.01
|
100
|
726
|
South Main Street
| ||
|
124
|
88
|
100
|
732
|
South Main Street
| ||
|
124
|
89
|
100
|
738
|
South Main Street
| ||
|
124
|
90
|
100
|
744
|
South Main Street
| ||
|
124
|
91
|
100
|
750
|
South Main Street
| ||
|
124
|
92
|
100
|
28
|
South Main Street
| ||
|
124
|
95
|
100
|
48
|
Lamson Road, Mayetta
| ||
|
124
|
96
|
100
|
62
|
Lamson Road, Mayetta
| ||
|
125
|
2.01
|
107
|
758
|
South Main Street
| ||
|
125
|
4
|
107
|
770
|
South Main Street
| ||
|
125
|
8.01
|
107
|
52
|
Pollypod Road, Mayetta
| ||
|
129
|
4
|
107
|
878
|
South Main Street
| ||
|
133.01
|
2
|
101
|
775
|
South Main Street
| ||
|
133.01
|
3
|
101
|
789
|
South Main Street
| ||
|
133.01
|
5
|
101
|
31
|
Mayetta Landing Road, Mayetta
| ||
|
134
|
4
|
101
|
731
|
South Main Street
| ||
|
135
|
2
|
91
|
575
|
South Main Street
| ||
|
135
|
3
|
91
|
569
|
South Main Street
| ||
|
135
|
6
|
91
|
551
|
South Main Street
| ||
|
135
|
7
|
91
|
549
|
South Main Street
| ||
|
135
|
11
|
91
|
541
|
South Main Street
| ||
|
135
|
12
|
91
|
531
|
South Main Street
| ||
|
135
|
13.01
|
91
|
517
|
South Main Street
| ||
|
135
|
15
|
91
|
507
|
South Main Street
| ||
|
137
|
3
|
91
|
487
|
South Main Street
| ||
|
138
|
1
|
91
|
435
|
South Main Street
| ||
|
138
|
5
|
91
|
415
|
South Main Street
| ||
|
138
|
9
|
91
|
405
|
South Main Street
| ||
|
144
|
36
|
86
|
305
|
South Main Street
| ||
|
144.01
|
7
|
128
|
37
|
East Bay Avenue
| ||
|
144.01
|
8
|
128
|
41
|
East Bay Avenue
| ||
|
144.01
|
9
|
128
|
45
|
East Bay Avenue
| ||
|
144.01
|
10
|
128
|
57
|
East Bay Avenue
| ||
|
144.02
|
13
|
128
|
83
|
East Bay Avenue
| ||
|
145
|
21
|
128
|
149
|
East Bay Avenue
| ||
|
145
|
22
|
128
|
155
|
East Bay Avenue
| ||
|
145
|
23
|
128
|
165
|
East Bay Avenue
| ||
|
145
|
24
|
128
|
175
|
East Bay Avenue
| ||
|
145
|
27
|
128
|
201
|
East Bay Avenue
| ||
|
145.02
|
1
|
128
|
105
|
East Bay Avenue
|
Worden House
| |
|
146
|
23
|
129
|
301
|
East Bay Avenue
| ||
|
152
|
10.01
|
132
|
777
|
East Bay Avenue
| ||
|
229
|
5.01
|
123
|
59
|
Parker Street
| ||
|
229
|
6
|
123
|
53
|
Parker Street
| ||
|
229
|
7
|
123
|
49
|
Parker Street
| ||
|
229
|
5
|
123
|
Parker Street
| |||
|
229
|
11
|
123
|
15
|
Parker Street
| ||
|
229
|
19.01
|
123
|
292
|
East Bay Avenue
| ||
|
229
|
24.01
|
123
|
340
|
East Bay Avenue
| ||
|
229
|
25
|
123
|
348
|
East Bay Avenue
| ||
|
229
|
45
|
124
|
580
|
East Bay Avenue
| ||
|
229.01
|
1.02
|
119
|
195
|
Beach Avenue
| ||
|
229.01
|
2
|
119
|
133
|
Parker Street
| ||
|
230
|
1
|
118
|
158
|
East Bay Avenue
| ||
|
230
|
2
|
118
|
142
|
East Bay Avenue
| ||
|
230
|
3
|
118
|
9
|
North Union Street
| ||
|
230
|
5
|
118
|
North Union Street
| |||
|
230
|
6
|
118
|
21
|
North Union Street
| ||
|
230
|
12
|
118
|
66
|
Parker Street
| ||
|
230
|
14
|
118
|
50
|
Parker Street
| ||
|
230
|
15.02
|
118
|
42
|
Parker Street
| ||
|
230
|
15.03
|
118
|
Parker Street
| |||
|
230
|
16
|
118
|
196
|
East Bay Avenue
| ||
|
231
|
5
|
118
|
11
|
Letts Avenue
| ||
|
231
|
12.01
|
118
| ||||
|
231
|
13
|
118
|
99
|
Stafford Avenue
| ||
|
231
|
14.01
|
118
|
231
|
North Union Street
| ||
|
231
|
15
|
118
|
20
|
North Union Street
|
Methodist Parsonage
| |
|
231
|
16
|
118
| ||||
|
231
|
19
|
c11
|
118
|
102
|
East Bay Avenue
| |
|
231
|
19
|
c12
|
118
| |||
|
231
|
19
|
c1
|
118
| |||
|
231
|
19
|
c2
|
118
| |||
|
231
|
19
|
c4
|
118
| |||
|
231
|
20
|
118
|
2
|
North Union Street
| ||
|
232
|
1
|
118
|
11
|
North Main Street
|
Quaker Store
| |
|
232
|
4.01
|
118
|
32
|
East Bay Avenue
| ||
|
232
|
5
|
118
| ||||
|
232
|
6
|
118
|
25
|
Stafford Avenue
| ||
|
232
|
7
|
118
|
31
|
Stafford Avenue
| ||
|
232
|
8
|
118
|
39
|
Stafford Avenue
| ||
|
232
|
9
|
118
|
59
|
Stafford Avenue
|
CH Cranmer House
| |
|
232
|
10
|
118
|
63
|
Stafford Avenue
| ||
|
232
|
11
|
118
|
67
|
Stafford Avenue
|
Letts-Vienna Bakery
| |
|
232
|
12
|
118
|
10
|
Letts Avenue
| ||
|
232
|
16
|
118
|
56
|
East Bay Avenue
| ||
|
232
|
17.01
|
118
|
52
|
East Bay Avenue
| ||
|
232
|
18
|
118
|
49
|
Stafford Avenue
| ||
|
233
|
4
|
118
|
19
|
Beach Avenue
| ||
|
233
|
5
|
118
|
23
|
Beach Avenue
| ||
|
233
|
6
|
118
|
27
|
Beach Avenue
| ||
|
233
|
7
|
118
|
31
|
Beach Avenue
| ||
|
233
|
8
|
118
|
50
|
Division Street
| ||
|
233
|
9
|
118
|
44
|
Division Street
| ||
|
233
|
10
|
118
|
38
|
Division Street
| ||
|
233
|
11
|
118
|
32
|
Division Street
| ||
|
233
|
12
|
118
|
26
|
Division Street
| ||
|
233
|
13
|
118
|
52
|
Stafford Avenue
| ||
|
234
|
1
|
118
|
59
|
North Main Street
| ||
|
234
|
3
|
118
|
79
|
North Main Street
| ||
|
234
|
5
|
118
|
9
|
Hilliard Drive
| ||
|
234
|
6
|
118
|
13
|
Hilliard Drive
| ||
|
234
|
7
|
118
|
19
|
Hilliard Drive
| ||
|
234
|
9
|
118
|
36
|
Beach Avenue
| ||
|
234
|
10
|
118
|
30
|
Beach Avenue
| ||
|
234
|
11
|
118
|
26
|
Beach Avenue
| ||
|
234
|
12
|
118
|
20
|
Beach Avenue
| ||
|
234
|
13
|
118
|
14
|
Beach Avenue
| ||
|
235
|
1
|
118
|
74
|
Stafford Avenue
| ||
|
235
|
2
|
118
|
27
|
Division Street
| ||
|
235
|
3
|
118
|
33
|
Division Street
| ||
|
235
|
5
|
118
|
45
|
Division Street
| ||
|
235
|
6
|
118
|
51
|
Division Street
| ||
|
235
|
7
|
118
|
133
|
Beach Avenue
| ||
|
235
|
10
|
118
|
97
|
Beach Avenue
| ||
|
235
|
13.01
|
118
|
109
|
Beach Avenue
| ||
|
235
|
14
|
118
|
119
|
Beach Avenue
| ||
|
235
|
16
|
118
|
155
|
Beach Avenue
| ||
|
235
|
24
|
118
|
148
|
Stafford Avenue
| ||
|
235
|
25
|
118
|
136
|
Stafford Avenue
| ||
|
235
|
26
|
118
|
132
|
Stafford Avenue
| ||
|
235
|
28
|
118
|
116
|
Stafford Avenue
|
Methodist Church
| |
|
235
|
30
|
118
|
100
|
Stafford Avenue
|
Calvary Cottage
| |
|
235
|
31
|
118
|
94
|
Stafford Avenue
|
Stafford Hall
| |
|
235
|
32
|
118
|
90
|
Stafford Avenue
| ||
|
235
|
35
|
118
|
75
|
Stafford Avenue
| ||
|
237
|
6
|
112
|
137
|
Division Street
| ||
|
237
|
9
|
112
|
125
|
Division Street
| ||
|
237
|
10.01
|
112
|
119
|
Division Street
| ||
|
237
|
11
|
112
|
109
|
Division Street
| ||
|
237
|
12
|
112
|
101
|
Division Street
| ||
|
238
|
11
|
112
|
10
|
Hilliard Drive
|
Shins Funeral Home
| |
|
242
|
4
|
116
|
295
|
North Main Street
| ||
|
242.05
|
10
|
116
|
156
|
Beach Avenue
| ||
|
242.05
|
11
|
116
|
162
|
Beach Avenue
| ||
|
243
|
1
|
112
|
194
|
Beach Avenue
| ||
|
243
|
2.02
|
112
|
190
|
Beach Avenue
| ||
|
243
|
3
|
112
|
182
|
Beach Avenue
| ||
|
296
|
6
|
56
|
909
|
North Main Street
| ||
|
296
|
7.02
|
56
|
903
|
North Main Street
| ||
|
296
|
48
|
112
|
810
|
Beach Avenue
| ||
|
NOTES:
|
|---|
|
Orange - low priority - little risk of being demolished
|
|
Yellow - priority - recommended to be included on the list
|
|
Blue - icons - high priority - national register
|
Shall be buildings determined to be essential to the historic
fabric of Stafford Township. Such structures will have the highest
level of scrutiny. Structures that are hard to imagine Stafford Township
if they are lost. Additional criteria shall include but not be limited
to one or more of the following:
On the New Jersey or National Registers of Historic Places;
or
Having a certificate of eligibility, letter of interpretation
or similar, or determination from the NJ State Historic Preservation
Office (SHPO);
Otherwise eligible for such determination; or
Inclusion on the Stafford Township Historical Society Afghan
first designed on or about 1991.
Shall be buildings that meet the criteria of this Chapter 123 that have additionally been designated to be of intermediate level of protection.
Structures identified on past inventories of historic structures,
including but not limited to one or more of the following:
1981 Historic Structures Inventory; or
1964 Tercentennial List; or
1991 Stafford Township Historic Preservation Commission List;
or
2016 Stafford Township Historic Preservation Commission List;
or
Structures selected for the designation of the tercentennial
triangles in 1964 or 2007; or
Structures with Stafford Township Historic Site Signs issued
by the Stafford Township Historic Preservation Commission in cooperation
with the Stafford Township Historical Society.
Any buildings, structures, sites, objects or which possess
integrity of location, design, setting, materials, workmanship, and
association and which have been determined pursuant to the terms of
this chapter to be:
Of particular historic significance to Stafford Township by
reflecting or exemplifying the broad cultural, political, economic,
agricultural or social history of the nation, state or community;
or
Associated with the historic personages important in national,
state or local history; or
The site of a historic event which had a significant effect
on the development of the nation, state or community; or
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work or works of a locally, regionally
or nationally important builder, designer, artist or architect; or
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in pre-history
or history.
The advisory body appointed by the Township Council under
the authority of N.J.S.A. 40A:63-7(d), but, for the purposes of this
chapter, performs the duties of a historic preservation commission
as identified in N.J.S.A. 40:55D-1 et seq.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation for a period of not less than 120 continuous
days.
Any application for a certificate of appropriateness which
does not qualify as a minor application.
Any application for a certificate of appropriateness which
a) does not involve the demolition or removal of a landmark; or b)
will not substantially affect the building's, structure's
or landmark designation.
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be by nature of design, movable yet related
to a specific setting or environment. Repair shall mean any work done
on any improvement which:
Repairing 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. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs using
the same materials having the same appearance.
To partially or completely cause a structure or a portion
of a structure to change to another location, position, station or
residence.
The act or process of replicating any historic or architecturally
defining exterior architectural feature with the same materials (or
with materials that satisfactorily simulate the appearance of the
original) in order to substitute for a feature that has been deteriorated
or extensively damaged.
The act or process of accurately depicting the form, features
and character of an historic property as it appeared at a particular
period of time by means of the removal of features inappropriate to
that period and the reconstruction of missing but appropriate features.
The limited and sensitive upgrading of mechanical, electrical and
plumbing systems and other code-required work to make properties functional
is appropriate within the scope of restoration activities.
A written plan to salvage historic fabric and artifacts from
historic structures to be demolished including but not limited to
sandstone/ironstone foundation materials. The purpose of such a plan
is to preserve historic fabric and insure environmental recovery of
resources.
The place where a significant event or pattern of events
occurred. It may be the location of pre-historic or historic occupations
or activities that may be marked by physical remains, or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A site may also be the location
of a ruined building, structure, or object if the location itself
possesses historic, cultural, or archeological significance.
Shall be determined based on a report submitted by the applicant
from a NJ licensed professional engineer or architect with historic
preservation experience and the analysis of an expert appointed by
the Commission. The permit fee for demolition of houses on this list
will include fees to have the Stafford Township designated qualified
professional make an independent analysis of the structure and review
the expert analysis submitted by the applicant.
Any man made work arranged in a definite pattern of organization.
A.
Use variances. The Zoning Board is encouraged to consider granting
a use variance to a nonconforming proposal that would result in the
preservation of a listed historic structure and further provided it
is secured by a preservation deed restriction and provided the benefit
outweighs the negative criteria.
B.
Area and height regulations. Both land use boards are encouraged
to consider granting bulk variance relief that would result in the
preservation of a listed historic structure and further provided it
is secured by a preservation deed restriction and provided the benefit
outweighs the negative criteria.
A.
All development applications involving activities that affect a historic landmark or an improvement shall be reviewed by the Commission prior to the issuance of any construction, zoning, or other permits, except as set forth in § 123-7. Such review shall be required for the following actions:
(1)
Demolition of a historic landmark identified in this chapter or by
the commission by the methods set forth here;
(2)
Relocation of any improvement of any historic landmark as identified
in this ordinance or by this commission by the methods set forth here;
(3)
All land use applications on a lot that contains a historic landmark.
In making a recommendation on an application, the Commission shall
endeavor to balance the legitimate needs of the applicant with the
goals of this ordinance in making its recommendations. Before an applicant
formally submits his plans, he may bring same to the Commission for
informal review and comment.
A.
Review by the Commission is not required:
(1)
When a historic landmark requires immediate emergency repair to preserve
the continued habitability of the landmark and/or the health and safety
of its occupants or others. Emergency repairs may be performed in
accordance with applicable codes, without the necessity of first obtaining
the Commission's review. Under such circumstances, the repairs
performed shall only be such that are necessary to maintain the habitability
of the structure. A request for the Commission's review shall
be made as soon as possible and no additional work shall be performed
upon the structure until an appropriate request for approval is made
and obtained in accordance with the procedures set forth in this chapter.
(2)
For changes to the interior of structures; and
(3)
For external changes that do not constitute demolition or demolition
by neglect.
A.
Anyone seeking to perform any demolition on a lot containing a historic
structure must submit a request for a certificate of appropriateness
from the Historic Preservation Commission at least 45 days prior to
a request for a demolition permit.
B.
The Historic Preservation Commission is to consider this request
within that time period, if the HPC takes no action, the certificate
of appropriateness shall be deemed issued.
C.
The Commission shall first consider whether preservation of the historic
landmark in place is feasible or, failing that option, whether preservation
of the historic landmark at another location is feasible and practical.
D.
In determining whether demolition is necessary and appropriate the
Historic Preservation Commission shall consider:
(1)
The historic landmark's importance to the Township and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(2)
The historic landmark's status with regard to the New Jersey
and National Registers of Historic Places; i.e., whether it is individually
listed or eligible to be listed.
(3)
The extent to which the historic landmark is of such old, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with difficulty.
(4)
The extent to which the historic landmark's retention would
promote the general welfare by maintaining and increasing real estate
values, generating business, creating new jobs, attracting tourists,
students, writers, historians, artists and artisans, attracting new
residents, encouraging study and interest and studying architecture
and design, educating citizens in American culture and heritage or
making the Township a more attractive and desirable place in which
to live.
(5)
The probable impact of the historic landmark's removal upon
the ambience of the Township.
(6)
Whether the site contains any extant archaeological resources.
(7)
Whether the historic landmark is among the last or best remaining
example of its kind in the Township that possesses research potential
or public education values.
(8)
Whether the historic landmark can be preserved by protecting its
location from disturbance.
(9)
Whether redesign of the development proposal to avoid impact can
result in the preservation of the building or structure in question.
(10)
The historic, architectural, aesthetic and social significance
of the structure or building and/or importance and uniqueness to the
Township and the extant archaeological resources.
(11)
Whether protective measures will result in the long term preservation
of the historic landmark.
(12)
Whether the steps necessary to preserve the historic landmark
are feasible and practical.
E.
In the event, that the Commission determines that preventing demolition
is not feasible and recommends that the demolition of a listed or
contributing historic landmark a certificate of appropriateness shall
promptly be issued and the property owner will be required to create
and document the building and provide a salvage plan to be approved
by the Historic Preservation Commission.
A.
When an applicant submits a land use request to either land use board
plan which affects a historic landmark, the applicant is required
to submit the copies of the plan and exterior renderings to the Historic
Preservation Commission for their review and comment.
B.
The Commission shall be allowed at least 14 days from the day it receives the complete application to prepare its recommendations to the Board. Said recommendations shall be in the form of a written report which will be directed to the Board. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in § 123-4. The report should include as much historical data regarding the historical significance of the structure as possible including: the time of construction, the architectural style and any other historically relevant data.
In reviewing an application for its effect on a historic landmark,
the following criteria shall be used by the Historic Preservation
Commission. In addition, in interpreting and applying the standards
and criteria set forth herein, the Commission shall be guided by the
principles of the current version of the Secretary of Interior Standards
for Rehabilitation and the Secretary of Interior Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings.
A.
In regard to all applications affecting a historic landmark the following
factors shall be considered:
(1)
The impact of the proposed change on the historic and architectural
significance of the landmark.
(2)
The landmark's importance to the Township and the extent to
which its historic or architectural interest would be adversely affected
to the detriment of the public interest.
(3)
The use of any structure involved.
(4)
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure from a public street.
(5)
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(6)
Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(7)
Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(8)
Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
B.
In regard to an application for any construction, alterations, additions,
or replacement on a lot containing a historic landmark, the following
factors shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with buildings and places to which it
is visually related.
(3)
Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with buildings and places to which it is visually related.
(4)
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
(5)
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
(6)
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
(7)
Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
(8)
Scale of building. The size of a building, the mass of a building
in relationship to open spaces, the windows, door openings, porches
and balconies shall be visually compatible with buildings and places
to which it is visually related.
(9)
Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character, or nondirectional character.
(a)
The significance of the structure in relation to the historic
character of the Township and the probable impact of its removal.
(b)
Its potential for use for those purposes currently permitted
by the zoning ordinance.
(c)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(d)
Its importance to the Township and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(e)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
(f)
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design, or making the Township
an attractive and desirable place in which to live.
(g)
The probable impact of its removal upon the ambiance of the
Township.
C.
In regard to an application to move any historic landmark or to move
any structure within the Township, the following matters shall be
considered:
(1)
The historic loss to the site of original location as a whole.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the protection of interest
and values referred to in this chapter.
(4)
If the proposed new location is within the Township, visual compatibility factors as set forth in § 123-14B.
(5)
The probability of significant damage to the landmark or structure
itself.
(6)
If it is to be removed from Stafford Township, the proximity of the
proposed new location to the Township, including the accessibility
to the residents of the Township and other citizens.
As part of its mission the Historic Preservation Commission
is to periodically check on the condition of all structures on the
list. Should it determine that a structure is being neglected in a
way that will cause its demolition, the Commission will send a letter
via certified and regular mail to the property owner, at least 30
days in advance of the hearing, providing the owner with an opportunity
to be heard. At the hearing whether the owner participates or not
the Commission may rule that the structure is deteriorating, if so
a referral may be made to the code enforcer, who will require the
property owner take curative steps.
A.
In the event, the Historic Preservation Commission rejects the request
for a certificate of appropriateness the Construction Official must
deny the demolition permit request and a one-year stay shall be triggered
in accordance with N.J.S.A. 40:55D-44 in order to allow for the acquisition
of the historical site by purchase or condemnation. The one-year time
period shall run from the code officials issuance of a denial.
B.
The denial of the certificate of appropriateness shall be appealable
to the Zoning Board of Adjustment in accordance with N.J.S.A. 40:55D-72.
A.
Either Land Use Board or the Historic Preservation Commission, upon
affirmative vote of a majority of the quorum present, may postpone
demolition of a landmark for the period designated for each class.
(1)
Icons: six months with the right to extend said postponement for
an additional six months.
(2)
Protected: four months with the right to extend said postponement
for an additional four months.
(3)
Advisory: four months without the right to extend said postponement.
(4)
Voluntary: by mutual consent, the applicant and the Planning Board
may extend the postponement to allow further negotiations.
B.
The Historic Preservation Commission and either Land Use Board may
utilize this time period to consult with the Ocean County Cultural
and Heritage Commission, the New Jersey Department of Environmental
protection or other similarly qualified organizations to ascertain
how the Township may preserve the building and/or the premises. The
Historic Preservation Commission shall be empowered to assist the
owner in developing plans to preserve the structure when moving or
demolition thereof would be a great loss to the Township. When an
applicant wishes to demolish a landmark, a building or structure on
a landmark site, or a building, the Historic Preservation Commission
shall negotiate with the applicant to see if an alternative to demolition
can be found. No Township official shall issue a demolition permit
for a landmark without review from the Historic Preservation Commission
and either Land Use Board approval. If it determines to postpone demolition,
either Land Use Board may request that the Township Council initiate
such actions as may lead to the preservation of the premises within
the initial (or extended) hiatus. In its review of an application
to demolish a site, the Historic Preservation Commission may require
the applicant to prepare a financial analysis which may include any
or all of the following:
(1)
Amount paid for the property, date of purchase, and party from whom
purchased including a description of the relationship, whether business
or familial, if any, between the owner and the person from whom the
property was purchased.
(2)
Assessed value of the land and improvements thereon according to
the most recent assessment.
(3)
For depreciable properties, a pro forma financial statement prepared
by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection with his purchase
or financing of the property, or during his ownership of the property.
(5)
Bona fide offer of the property for sale or rent, price asked and
offered received, if any.
(6)
Any consideration by the owner as to profitable, adaptive uses for
the property.
C.
The Historic Preservation Commission shall study the question of
economic hardship for the applicant and shall determine whether the
site or the property can be put to reasonable beneficial use without
the approval of the demolition application. In the case of an income
producing building, the Historic Preservation Commission shall also
determine whether the applicant can obtain a reasonable return from
his existing building. The Historic Preservation Commission may ask
applicants for additional information to be used in making these determinations.
Prior to the issuance of a demolition permit, either Land Use Board
may require the applicant to provide documentation of the resource
proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, an archeological survey, and any other
comparable form of documentation stipulated by the Historic Preservation
Commission during the demolition, either members of the Historic Preservation
Commission or Ocean County Historical Society shall be present to
save, protect, and/or receive valuable parts of the building. There
shall be an ability on the part of the Historic Preservation Commission
to conduct a dig at the site, if necessary. The site shall be properly
restored after demolition, to include grading and landscaping.
D.
In the event of demolition, the owner shall provide and perform a
salvage plan to preserve historic fabric and recover environmentally
significant resources. The owner shall provide a complete set of interior
and exterior photos and measured drawing documentation of the structure
and present same to the Historic Preservation Commission according
to the Guidelines originally published in the Federal Register on
September 29, 1983. A revised version was published in the Federal
Register on July 21, 2003 (Vol. 68, No. 139, pp. 43159-43162).
A.
Any person who shall undertake an activity which would demolish or
alter a historical landmark without first obtaining the approval of
the Historic Preservation Commission shall be deemed to be in violation
of this chapter.
B.
Any person found to be in violation of this chapter shall be subject
to a penalty in an amount not to exceed $2,000 per violation per day.
C.
The Zoning Officer is empowered to enforce this ordinance through
either a stop work order or through the above referenced violation.
A.
No duties or powers of the Historic Preservation Commission shall
supersede or infringe on the powers of other Township statutory boards
or bodies.
B.
If any section or provision hereof shall be adjudged invalid, such
determination shall not affect the other provisions hereof which shall
remain in full force and effect to the extent of such conflict or
inconsistency, provided not otherwise required by law.
C.
All ordinances and provisions thereof inconsistent or conflicting
with the provisions of this chapter are hereby repealed to the extent
of such conflict or inconsistency, provided not otherwise required
by law.
D.
Repealer. Any and all ordinances inconsistent with the terms of this
chapter are hereby repealed to the extent of any such inconsistencies.
E.
When effective. This chapter shall take effect upon proper passage
in accordance with the law.
