[HISTORY: Adopted by the Township Council of the Township of Stafford 5-10-2022 by Ord. No. 2022-15; amended in its entirety by 11-21-2023 by Ord. No. 2023-40. Subsequent 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.
B. 
The chapter is not intended to apply to the following styles of construction:
(1) 
Cape cod.
(2) 
Ranch.
(3) 
Millennial mansion.
(4) 
Lagoon home.
(5) 
CH cranmer/oliphant cottage.
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:
(a) 
Parking, lot coverage, underground recharge, density, mixed use; and
(b) 
The square footage of the historic structure (in the original or relocated site on the same parcel of development may be a bonus above and beyond what otherwise might be allowed).
(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 an 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.
E. 
The following tools are not intended to be used to regulate historic structures:
(1) 
Interior finishes, uses or design.
(2) 
Exterior finishes including color or materials for sidings, windows or roofing.
F. 
The provisions of this chapter shall not apply within the Pinelands Area portion of Stafford Township. In the Pinelands Area portion of the Township, the historic resource provisions at § 211-9G(14) shall apply as required by the Pinelands Comprehensive Management Plan.
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.
ADDITION
The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any landmark.
ADMINISTRATIVE OFFICER
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.
ALTERATION
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.
ARCHITECTURAL STYLES
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."
BUILDING
A structure created to shelter human activity.
CERTIFICATE OF APPROPRIATENESS
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.
DEMOLITION
Partial or total razing or destruction of any landmark or of any improvement.
DEMOLITION BY NEGLECT
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.
DISREPAIR
The condition of being in need of repairs; a structure or building in poor condition.
HISTORIC FACADE EASEMENT
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.
HISTORIC LANDMARK(s)
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:
A. 
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
B. 
Associated with the historic personages important in national, state or local history; or
C. 
The site of an historic event which had a significant effect on the development of the nation, state or community; or
D. 
An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
E. 
Representative of the work or works of a locally, regionally or nationally important builder, designer, artist or architect; or
F. 
Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
G. 
Able or likely to yield information important in pre-history or history.
HISTORIC LANDMARK (ADVISORY)
Building that meets the criteria of this chapter that are worth preserving on an advisory level. These style houses include but are not limited to:
A. 
Bungalows.
B. 
Four Square.
C. 
Early commercial properties constructed before 1950.
HISTORIC LANDMARK (ICON)
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:
A. 
On the New Jersey or National Registers of Historic Places; or
B. 
Having a certificate of eligibility, letter of interpretation or similar, or determination from the NJ State Historic Preservation Office (SHPO);
C. 
Otherwise eligible for such determination; or
D. 
Inclusion on the Stafford Township Historical Society Afghan first designed on or about 1991.
HISTORIC LANDMARK (PROTECTED)
Buildings that meets the criteria of this chapter that have been additionally been designated to be of intermediate level of protection.
A. 
The designation includes but is not limit to following styles of architecture constructed before 1950:
(1) 
18th or 19th century cottage.
(2) 
Vernacular Greek revival.
(3) 
Vernacular Victorian.
(4) 
Vernacular Two Bay.
(5) 
Second Empire.
(6) 
Early commercial building.
(7) 
Vernacular farmhouse.
B. 
Structures identified on past inventories of historic structures including but not limited to one or more of the following:
(1) 
1981 Historic Structures Inventory; or
(2) 
1964 Tercentennial List; or
(3) 
1991 Stafford Township Historic Preservation Commission List; or
(4) 
2016 Stafford Township Historic Preservation Commission List; or
(5) 
Structures selected for the designation of the tercentennial triangles in 1964 or 2007; or
(6) 
Structures with Stafford Township historic site signs issued by the Stafford Township Historic Preservation Commission in cooperation with the Stafford Township Historical Society.
The following individual lot and block designations are incorporated into the Historic Element of the 2017 update to the 2007 Stafford Township Master Plan:
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 Rd, Warren Grove
Club*
4
22
1
1478
Pancoast Rd, 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
29
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
118
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
Map Key
Orange - low priority - little risk of being demolished
Yellow - priority - recommended to be included on the list
Blue - icons - high priority - national register
HISTORIC PRESERVATION COMMISSION
The advisory body appointed by the Township Council under the authority of N.J.S.A. 40A:63-7d, but, for the purposes of this chapter, performs the duties of an historic preservation commission as identified in N.J.S.A. 40:55D-1 et seq.
IMPROVEMENT
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.
MAJOR APPLICATION
Any application for a certificate of appropriateness which does not qualify as a minor application.
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.
OBJECT
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:
A. 
Is not an addition to the improvement; and
B. 
Does not change the exterior architectural appearance of any improvement.
ORDINARY MAINTENANCE
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.
REMOVAL
To partially or completely cause a structure or a portion of a structure to change to another location, position, station or residence.
REPLACEMENT
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.
RESTORATION
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.
SALVAGE PLAN
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.
SITE
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.
STRUCTURAL SOUNDNESS
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.
STRUCTURE
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.
All development applications involving activities that affect an 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:
A. 
Demolition of an historic landmark identified in this chapter or by the Commission by the methods set forth here;
B. 
Relocation of any improvement of any historic landmark as identified in this chapter or by this Commission by the methods set forth here;
C. 
All land use applications on a lot that contains an 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 chapter in making its recommendations. Before an applicant formally submits his plans, he may bring same to the Commission for informal review and comment.
Review by the Commission is not required:
A. 
When an 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.
B. 
For changes to the interior of structures; and
C. 
For external changes that do not constitute demolition or demolition by neglect.
A. 
Anyone seeking to perform any demolition on a lot containing an 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 an 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 an 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 an 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 an 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.[1]
[1]
Editor's Note: See Ch. 211, Zoning.
(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 an 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 chapter 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. 
Effective date. This chapter shall take effect upon proper passage in accordance with the law.