[Editor's Note: Source history includes Ord. No. 2473]
[Ord. No. 3355]
The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-1
et seq., as amended, delegated the responsibility to local units of
government to adopt regulations designed to promote the protection
of certain architecturally, historically and archeologically significant
structures, sites of districts for the general welfare of its citizenry.
[Ord. No. 3355]
The Township of Belleville recognizes that it has area, places
and structures of historic, archeological and architectural significance.
It is in the interest of the general welfare to preserve these areas,
places and structures and to insure that new development is compatible
and relevant with these areas, places and structures. This chapter
will achieve these purposes and objectives and will promote the preservation
of the environment, promote a desirable visual environment through
creative development techniques and good civic design and arrangements,
prevent the degradation of the environment through improper use of
land and promote the most appropriate use of land in the Township
of Belleville.
[Ord. No. 3355]
Unless specifically defined below, words or phrases used in
the chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
application.
Shall mean the construction of a new improvement as a part
of an existing improvement when such new improvement changes the exterior
appearance of any designated landmark.
Shall mean any work done on any improvement which:
Shall mean a document that is issued by the historic preservation
commission, following a prescribed series of hearings and review procedures,
certifying that the proposed actions by an applicant are found to
be acceptable in terms of design criteria relating to the individual
site, structure or building, or the historic district as a whole.
Shall mean the razing of any improvement or the obliteration
of any natural feature of a designated landmark.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean any real property, man-made structure, natural
object or configuration or any portion or group of the foregoing which
have been formally designated by Belleville as being of historical,
archeological, cultural, scenic or architectural significance.
Shall mean any structure or part thereof constructed or 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 60 contiguous days.
Shall mean the official recognition of any site, building,
structure or district that has been documented to have or contain
architecturally, historically or archeologically significant features
or elements and that adheres to the criteria as established by the
National Historic Preservation Act of 1966, as amended.
Shall mean the official newspaper as designated by the Township
Governing Body.
Shall mean any work done on any improvement which:
Shall mean the repairs when a building permit is required
for same.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land.
[Ord. No. 3355]
The Historic Preservation Commission shall be comprised of seven
members, with two alternates:
a.
Of the seven regular commission members:
1.
Three shall be Class "A" or Class "B" members, said classes being
defined as:
Class A. A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
Class B. A person who is knowledgeable in or has a demonstrated
interest in, local history and who may reside outside the municipality.
2.
Four shall be Class "C" members, said class being defined as citizens
of the municipality who shall hold no other municipal office, position
or employment except for membership on the planning board, Board of
Adjustment or municipal historian.
3.
To the extent available from within the Township of Belleville the
mayor shall appoint, with the advice and consent of the Governing
Body, to Class "A" or Class "B" members, trained individuals from
the disciplines of architecture, history, architectural history, prehistoric
archeology, and historic archeology who meet the requirements as set
forth in the 1980 amendments of the National Historic Preservation
Act. Should such individuals not be available from within the municipality,
the mayor shall have the authority to appoint such individuals who
reside outside of the Township.
In the event that the mayor is unable to appoint an individual
with the appropriate credentials for the Class "A" or Class "B" members
of the commission, the mayor may fill those positions with individuals
who meet the requirements for Class "C" membership.
b.
Of the two alternate commission members, both shall be Class "C"
members, as Class "C" is defined above. The two alternate commission
members shall be respectively designated "Alternate No. 1" and "Alternate
No. 2".
[Ord. No. 3355]
Regular members shall be appointed by the mayor and shall serve
for four-year terms, except that municipal Planning Board or Zoning
Board of Adjustment members shall serve during their incumbency in
office.
The terms of the members first appointed under this Chapter
shall be so determined that to the greatest practicable extent the
expiration of such terms shall be distributed, in the case of the
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.
Vacancies shall be filled, within 60 days, in the same manner
in which the previous incumbent was appointed and such incumbent's
unexpired term.
[Ord. No. 3355]
The Historic Preservation Commission shall elect from its membership
a chairman and a vice chairman.
[Ord. No. 3355]
The Historic Preservation Commission shall create rules and
procedures for the transaction of its business, subject to the following
regulations:
a.
A quorum for the transaction of business shall consist of four of
the historic preservation commission's members, including the
chairman, or in his absence, the vice chairman.
b.
The Historic Preservation Commission shall appoint a secretary, who
need not be a member of the historic preservation Commission. The
secretary shall keep minutes and records of all meetings and proceedings
including voting records, attendance, resolutions, findings, determinations,
and decisions. All such material shall be public record.
c.
The Historic Preservation Commission shall prepare and adopt rules
of procedure which will be made available to the public, and which
include a specific section prohibiting conflicts of interest.
[Ord. No. 3355]
The members of the Historic Preservation Commission shall serve
without compensation.
[Ord. No. 3355]
The Historic Preservation Commission shall have the following
powers and duties:
a.
Within 24 months of its organization, or as soon thereafter as possible, the Historic Preservation Commission shall prepare and adopt pursuant to Section 25-13 et seq. of this Chapter, a landmark designation list and official map which shall then be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Governing Body of the Township of Belleville, for inclusion in the zoning ordinance. The Historic Preservation Commission may make individual Landmark Designations separate and apart from any "historic site" or "historic district" recommendations. The Landmark Designation list may be submitted to the Planning Board, from time to time, without creating a historic site or historic district.
c.
Amend, from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in subsection 25-13.8 of this chapter. Review Applications calling for the demolition of any building or structure on the above Landmark List, or any historic structure pending designation as a local Landmark, or any such structure deemed appropriate by the Chairman of the Historic Preservation Commission or Building Code Official.
d.
Report at least annually to the Planning Board and the Governing
Body of the Township of Belleville on the state of historic preservation
in the Township and to recommend measures to improve same.
e.
Collect and disseminate material on the importance of historic preservation
and specific techniques for achieving same.
f.
Advise all municipal agencies regarding goals and techniques of historic
preservation.
g.
Adopt and promulgate such regulations and procedures not inconsistent
with this Chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
h.
Review all proposed National Register nominations for properties
that come within the jurisdiction of the commission, as established
by the criteria of the 1980 amendments of the National Historic Preservation
Act of 1966.
[Ord. No. 3355]
The Historic Preservation Commission shall meet on a regular
basis, but at a minimum of four times a year. All meetings shall comply
with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
[Ord. No. 3355]
No member of the Historic Preservation Commission of Belleville
shall be permitted to act on any matter coming before the Commission
in which he or she has, either directly or indirectly, any personal
or financial interest.
[Ord. No. 3355]
In the event that there arises a need for an emergency meeting
of the Historic Preservation Commission, the Commission chairman shall
convene a meeting of the Commission after having given due and appropriate
notice in accordance with the State Open Public Meetings Act. The
Commission chairman shall instruct the secretary to personally or
telephonically contact the Commission members to inform them of: the
time, date and location of the emergency meeting; and, the purpose
of the emergency meeting.
Emergency meetings shall be convened for such instances as pending
demolition permits to designated historic sites in the Township, or
such other circumstances that warrant the immediate action of the
Commission.
In the case of any emergency meeting, all of the requirements
for the transaction of business during a regularly scheduled meeting
shall apply.
Such emergency meeting may be convened via telephone as long
as minutes are taken, reasonable notice given, and a quorum of the
membership of the Historic Preservation Commission participates telephonically.
[Ord. No. 3355]
The Historic Preservation Commission shall make a comprehensive
survey of the Township of Belleville for the purpose of identifying
historic districts and sites which are worthy of protection and preservation.
Such survey shall be based upon an identification process approved
by the State Office of New Jersey Heritage, Department of Environmental
Protection. Such survey shall be based upon an identification process
approved by the New Jersey State Historic Preservation Office, Trenton.
[Ord. No. 3355]
Based upon the survey or upon the recommendation of concerned
citizens, the Historic Preservation Commission shall collect information
on the historical significance of the proposed property or properties.
When assessing the significance of any property, the Historic Preservation
Commission shall follow criteria set forth in the latest National
Register Bulletin regarding criteria for inclusion on the State and
National Registers of Historic Places published by the United States
Department of the Interior, National Park Service, Interagency Resources
Division. Thereafter, the historic preservation commission, by certified
mail, shall:
a.
Notify each owner that his property has been tentatively designated
a historic landmark.
b.
Advise each owner of the significance and consequences of such tentative
designation, and advise him of his opportunities and rights to challenge
or contest such designation.
c.
Invite each owner to consent voluntarily to final designation without
the need for public hearing or other protection.
[Ord. No. 3355]
The Historic Preservation Commission shall, as soon as practicable,
make public a complete list and map of the tentatively designated
landmarks and districts specifying the locations, boundaries and popular
names thereof. In designating any landmark or historic district, the
Historic Preservation Commission may determine and so specifically
designate certain buildings or structures as noncontributing to the
historic districts.
The tentative list and map shall thereafter be submitted at
a public hearing to the examination and criticism of the public. Interested
persons shall be entitled to present their opinions, suggestions,
and objections at this public hearing. A list and map showing all
proposed historic districts and landmarks shall be published, together
with a notice of the hearing on same, in the official newspaper not
less than 10 days prior to such hearing.
[Ord. No. 3355]
After full consideration of the evidence brought forth at the
special hearing, the Historic Preservation Commission shall make its
final decisions on the designations and shall issue its final report
to the public stating reasons in support of its actions with respect
to each landmark and historic district designation.
[Ord. No. 3355]
The list of landmarks and historic districts shall be submitted
thereafter to the secretary of the Township Planning Board and the
Clerk of the Township of Belleville. Prior to adoption of the ordinance
adopting the designation list, the Governing Body shall refer same
to the Planning Board for recommendations. The Governing Body shall
then consider whether to adopt the designation list and map by ordinance.
Once adopted, the designation list and map may be amended in the same
manner in which it was initially adopted.
[Ord. No. 3355]
Copies of the landmarks and historic districts designation list
and map, as adopted, shall be made public and distributed to all municipal
agencies reviewing development applications and all building and housing
permits. A certificate of designation shall be served by certified
mail upon the owner of each site included in the final list, and a
true copy thereof shall be filed with the County Clerk for recordation
in the same manner as certificates of lien upon real property.
[Ord. No. 3355]
Each designated historic district or landmark may be marked
by an appropriate plaque in such form as the Historic Preservation
Commission shall promulgate by regulation.
[Ord. No. 3355]
In considering an individual site, building or structure or
a district for becoming designated as historically, architecturally
or archeologically significant, the Historic Preservation Commission
shall give consideration to the following criteria:
a.
That it is associated with events that have made a significant contribution
to the Board patterns of our history; or
b.
That it is associated with the lives of persons significant in our
past; or
c.
That it embodies the distinctive characteristics of a type, period,
or method of construction, or that it represents the work of a master,
or that possesses high artistic values, or that represents a significant
and distinguishable entity whose components may lack individual distinction;
or
d.
That have yielded, or may be likely to yield, information important
in prehistory or history.
e.
Properties built within the past 50 years shall not be eligible.
Ordinarily, cemeteries, birthplaces or graves of historical figures,
or religious properties, that have been relocated from original locations
and properties of a primarily commemorative nature shall be considered
only under the following special criteria:
1.
A religious property deriving primary significance from architectural
or artistic distinction or historical importance. A religious property
will qualify for individual Landmark Designation if it has been on
its present site for more than 125 years; or
2.
A building or structure removed from its original location but which
is significant primarily for architectural value, on which is the
surviving structure most importantly associated with a historic person
or event; or
3.
A birthplace or grave of a historical figure of outstanding importance
if there is no other appropriate site or building directly associated
with his productive life; or
4.
A cemetery that derives its primary significance from graves of persons
of transcendent importance, from age, from distinctive design features,
or from association with historic events; or
5.
A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master
plan, and when no other building or structure with the same association
has survived; or
6.
A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own historical significance;
or
7.
A property achieving significance within the past 50 years if it
is of exceptional importance.
[Ord. No. 3355]
a.
Conditions of Requirement. A certificate of appropriateness issued
by the Belleville Historic Preservation Commission shall be required
before a building permit is issued, or before any construction may
commence. The Certificate of Appropriateness shall be obtained prior
to any of the following activities within a historic district(s) or
on a historic site designated on the Zoning Map:
1.
Demolition of any building, improvement, site, place or structure.
2.
Change in the exterior appearance of any building, improvement, site,
place or structure by addition, reconstruction, alteration or maintenance.
3.
Relocation of a principal or accessory building or structure.
4.
Any addition to or new construction of a principal or accessory building
or structure.
5.
None of the foregoing conditions shall apply to the Municipality
if, in the judgment of the Governing Body, any of the items under
subsection 25-14a(1), (2), (3), (4) shall become desirable from safety,
aesthetic or economic reasons.
b.
Conditions for a Waiver. A Certificate of Appropriateness may not
be required in the following circumstances:
1.
When the Construction Code Official issues a permit for changes to
the interior or exterior of a structure that strictly meet the standards
for ordinary maintenance and repair as defined in this Section.
2.
The Construction Official shall review all permit applications to
determine if the application proposes work that may involve ordinary
maintenance and repair as defined in this Section. The Construction
Official may issue a permit if he or she determines that the work
strictly meets the standards for ordinary maintenance and repair as
defined in this Section. The Construction Official must refer the
application to the Historic Preservation Commission if he finds that
the proposed work does not meet the standards for ordinary maintenance
and repair. However, if there is any doubt as to whether the work
constitutes ordinary maintenance and repair, the-Construction Official
should refer the request to the Commission.
c.
Procedures.
1.
All applicants must complete an application form. Application forms
are available in the office of the Construction Official. Completed
applications shall be filed with the Construction Official. Each application
shall require the payment of an application fee of $50, payable to
the Township of Belleville. If the Historic Preservation Commission
so requires, a reasonable escrow fee shall be required of an applicant
which escrow shall be sufficient to pay the Commission's expert
for services rendered in connection with the application.
2.
Applicants are encouraged to submit sketches, drawings, photographs,
descriptions, the property survey, if available, and other information
that clearly show the proposed alterations, additions, changes or
new construction. Applications for demolition shall include current
and archival photographs of the interior and exterior of the building
and drawings documenting the current condition of the building, the
Commission may require a subsequent submission of additional materials
that it may reasonably require in order to render an informed decision.
3.
The Commission shall reach a decision on an application and submit
its report to the Construction Official within 45 days. There shall
be no automatic approval if the Commission has not reached its decision
within 45 days. If needed, applicants may request additional time
in which to complete an application. Nothing herein shall prohibit
an extension of time by mutual agreement of the applicant and the
Commission.
d.
Informational Meetings/Conceptual Review. Persons considering action
that requires a Certificate of Appropriateness, as set forth in this
section, are encouraged to request an informal informational meeting
with the Commission and/or its Chairman prior to submitting a formal
application for a Certificate of Appropriateness. Requests for such
informational meetings can be made to the administrative officer,
who will contact the Chairman of the Commission, the Commission shall
hold such informational meetings within 15 days of receipt of such
request. The purpose of an informational meeting is to review the
design guidelines and standards of appropriateness and the procedures
for obtaining a Certificate of Appropriateness. Neither the applicant
nor the Commission shall be bound by any informational meeting or
conceptual review. Conceptual review shall not apply to any applications
for development. The Commission shall not consider conceptual review
of an application or development unless specifically referred to it
either by the Planning Board or the Zoning Board of Adjustment.
e.
Hardship Appeals. In the event that the applicant believes that compliance
with this Section would pose an unreasonable hardship, he or she may
ask for special consideration from the Historic Preservation Commission.
If the Historic Preservation Commission concludes that the proposed
changes do not adversely impact the public good or drastically impinge
upon the historic character of the property or district, and that
required compliance may impose undue hardship on the applicant, it
may, by a two-thirds vote of its full membership, grant relief to
the applicant in the form of a hardship waiver.
[Ord. No. 3355]
A Certificate of Appropriateness shall not be required for any
repainting, repair or exact replacement of any existing improvement.
In the event that the color or exterior surface material or the improvement
shall be changed as a result of such repainting, repair or exact replacement,
a Certificate of Appropriateness shall not be required if the new
exterior surface is one that has been previously approved by regulations
duly promulgated by the Historic Preservation Commission for similar
improvement in that district or as to that particular historic landmark.
In the event that the repainting, repair or exact replacement does
not conform to the said regulations, a Certificate of Appropriateness
shall be required.
In terms of an exact replacement of finishes, materials or architectural
elements, it is understood that the Historic Preservation Commission
would prefer an applicant to maintain, stabilize and repair the original
or existing finishes, materials, or architectural elements before
considering the replacement of same. However, should the original
or existing finishes, materials or architectural elements be of such
a deteriorated condition as to require replacement, the new finishes,
materials or architectural elements should be designed and installed
to replicate the material, color, size, contour, configuration and
design of that which is being replaced.
(RESERVED)
[Ord. No. 3355]
a.
The purpose of this section is to provide uniform standards and criteria
for the regulation of historic sites and districts for use by the
Historic Preservation Commission. All projects requiring a Certificate
of Appropriateness and all applications for development in historic
districts or on historic sites shall be governed by the principles
of the Secretary of the Interior's Standards for Rehabilitation,
the Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring & Reconstructing Historic Buildings.
b.
Criteria for Finding Appropriateness. The Historic Preservation Commission
may consider that site, design, arrangement, texture, details, scale,
shape, materials, finish, color, and relationship to streetscape of
the proposed work and the relationship of those characteristics to
the historic, architectural, cultural, archaeological, and aesthetic
significance of the historic site or district.
c.
In considering permit applications, the Historic Preservation Commission
shall not consider use, zoning requirements for setbacks, density,
height limitations or lot coverage in finding appropriateness, as
these may fall within the purview of the Planning Board and the Zoning
Board of Adjustment.
d.
In considering development applications referred to it by a Board,
the Historic Preservation Commission may consider use, zoning requirements
for setbacks, density, height limitations, and lot coverage, in rendering
its advice to the Planning Board and the Zoning Board of Adjustment
on the application of the zoning ordinance provisions concerning historic
preservation. The Commission should emphasize the streetscape when
reviewing applications for development. The Commission shall not hear
applications for development unless referred to it by either the Planning
Board or the Zoning Board of Adjustment.
e.
Criteria for Plan Review. All reviews of plans within Historic Preservation
Districts shall give consideration to:
1.
The cultural, historic, or architectural values of a structure and
its relationship to the surrounding area.
2.
The general compatibility of the proposed use to the cultural and
historical values of the surrounding area.
3.
The general compatibility of exterior design, arrangement, texture
and materials proposed to be used. In carrying out the review under
the 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 districts and
surrounding areas.
(b)
In-kind or compatible exterior colors must be utilized.
(c)
In-kind or similarly compatible building materials must be utilized.
(d)
Uses shall be environmentally compatible with the uses adjacent
to the property and throughout the surrounding areas. Uses shall not
adversely affect the uses in the adjacent or surrounding areas and
shall conform to the performance criteria outlined herein.
[Ord. No. 3355]
a.
Criteria. The Historic Preservation Commission shall consider the
following matters when evaluating an application to demolish or move
a historic building, site, place or structure:
1.
Its historic, architectural, cultural and aesthetic significance.
2.
Its current and potential use for those purposes currently permitted
by this chapter or for the use proposed.
3.
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the integrity of the historic property or district and the public
interest.
4.
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could not be reproduced
or could be reproduced only with great difficulty.
5.
The extent to which its retention would increase property values,
promote business, create new positions, attract tourists, students,
writers, historians, artists and artisans, attract new residents,
encourage study and interest in American history, stimulate interest
and study in architecture and design, educate citizens in American
culture and heritage, or make the municipality a more attractive and
desirable place in which to live.
6.
The visual, historical and economic impacts of its removal upon the
historic district.
7.
The structural soundness and integrity of the building and the economic
feasibility of restoring or rehabilitating the structure so as to
comply with the requirements of the applicable building codes.
8.
The compelling reasons for not retaining the structure or improvement
at its present site. If relocation is proposed, the Historic Preservation
Commission shall evaluate the proximity of the proposed new location
and its accessibility to residents of the municipality, and the probability
of significant damage to the structure or improvement as a result
of the relocation.
9.
The compatibility, nature and character of the current and the proposed
surrounding areas as they relate to the intent and purposes of this
Section and whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
b.
Procedure.
1.
Where demolition is disapproved. In the event that the Commission
disapproves an application for a Certificate of Appropriateness to
demolish a historic building, place or structure, the owner shall,
nevertheless, as a matter of right, be entitled to raze or demolish
such building, place or structure, provided that all of the following
requirements have been fully met:
(a)
Appeal to Zoning Board of Adjustment. The owner may opt to appeal
the denial of the Certificate of Appropriateness to the Zoning Board
of Adjustment. In the event that the owner appeals the denial of the
demolition permit, the owner may simultaneously commence marketing
the property for sale for fair market value as set forth below. Alternatively,
the owner may opt to await the decision of the Zoning Board of Adjustment.
(b)
Sale for fair market value. The owner has, prior to seeking
demolition, for a period of at least one year for residential properties
and two years for commercial properties, and at a price reasonably
related to its fair market value, made a bona fide offer to sell such
building, place or structure and the land pertaining thereto to any
person, organization, government or agency thereof or political subdivision
which gives reasonable assurance that it is willing to preserve the
building, place or structure and the land pertaining thereto. Market
value shall be determined by an appraiser selected by the Historic
Preservation Commission and at the expense of the owner.
(c)
Demolition notice posted and publication. Notice of proposed
demolition shall be posted on the premises of the building, place
or structure through the notice period in a location such that it
is clearly readable from the street. In addition, the applicant shall
publish a notice in the official newspaper of the Township as follows:
(d)
Notice period. The period of time during which notice must be
given in the manner set forth in the preceding subsections shall be
known as the "notice period" which shall continence on the 10th day
following the date of the denial by the Historic Preservation Commission
or denial of the appeal by the Zoning Board of Adjustment if an appeal
is filed and such notice period shall run for a period of time of
one year for residential properties and two years for commercial properties.
(e)
Certificate of Compliance. The property owner shall submit a
Certificate of Compliance for review and approval by the Historic
Preservation Commission to demonstrate that the owner has complied
with the requirements of this section.
2.
Assignment. No assignment of the rights granted by a certificate
of approval shall be permitted.
3.
Expiration of approval.
(a)
In cases where demolition is permitted, the certificate of approval
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended, except that the certificate of approval shall be
automatically extended for that portion within the one year in which
a moratorium on demolition is in effect.
(b)
At the time of issuance of the certificate of approval, the
Construction Official shall designate the period of time (within the
one-year approval period) within which demolition must be completed
after it is initiated on site.
4.
Approval after change of circumstances, the Commission may at any
time during such notice period, if a significant change in circumstances
occurs, approve a certificate of appropriateness to demolish, in which
event, a permit shall be issued within 10 days thereafter.
[Ord. No. 3355]
If a certificate of appropriateness has been issued for an application
that requires approval of the Planning Board or the Zoning Board of
Adjustment, the certificate of appropriateness shall be deemed to
be a positive recommendation to that body as to the historic preservation
aspects of the matter before that body.
The Planning Board or Zoning Board of Adjustment may, nevertheless,
affirm or deny the application based on the entire record before it,
notwithstanding the certificate of appropriateness as to the historic
preservation aspects.
[Ord. No. 3355]
An appeal of the grant or denial of a certificate of appropriateness
may be had as follows:
a.
If the Construction Code Official refuses to issue a permit based
on denial of a certificate of appropriateness, written appeal shall
be made with the Planning Board within 10 days after such denial.
b.
If the Planning Board or the Zoning Board of Adjustment denies or
grants a development application in the course of which it accepts
or rejects the recommendation of the Commission, as signified by the
denial or issuance of a certificate of appropriateness, as the case
may be, appeal would lie with the Governing Body of the Township of
Belleville only in those cases where an appeal exists to the Governing
Body from a decision of the Planning Board or the Zoning Board of
Adjustment.
[Ord. No. 3355]
Nothing herein shall be deemed to limit the right of judicial
review of the municipal action after an appeal is concluded by the
Governing Body of the Township of Belleville.
[Ord. No. 3355]
Any person who shall undertake any activity in relation to a
landmark or improvement within a historic district without first having
obtained a certificate of appropriateness, shall be deemed to be in
violation of this Chapter.
[Ord. No. 3355]
Upon learning of the violation, the Construction Code Official
shall personally serve upon the owner of the lot whereon the violation
is occurring a notice describing the violation in detail and giving
the owner 10 days to abate the violation by restoring the landmark
or improvement to its status quo ante. If the owner cannot be personally
served within the municipality with the said notice, a copy of same
shall be posted on the site in question and a copy be sent by certified
mail, return receipt requested, to the owner at his last known address,
as it appears on the municipal tax rolls.
[Ord. No. 3355]
In the event that the violation is not abated within the specified
ten-day period following service and/or posting on the site in question,
whichever is earlier, the Construction Code Official shall cause to
be issued a summons and complaint, returnable in the municipal court,
charging violation of this Chapter. Each separate day the violation
exists shall be deemed to be a new and separate violation of this
Chapter.
[Ord. No. 3355]
The penalty for violations shall be as follows:
a.
Injunctive Relief.
For each day, $500 per day.
|
In the event that any action which would permanently and/or
adversely change the landmark or historic district, such as demolition
or removal is about to occur without a certificate of appropriateness
having been issued, the Construction Code Official is hereby authorized
to apply to the Superior Court of New Jersey for such injunctive relief
as is necessary to prevent the destruction of any landmark.
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[Ord. No. 3355]
Recognizing the need for preventive maintenance to insure the
continued useful life of landmarks and structures in historic districts,
the Governing Body of the Township of Belleville hereby declares that
code enforcement in relation to landmarks and structures in historic
districts is a high municipal priority.
[Ord. No. 3355]
In the event that any landmark or improvement in a historic
district deteriorates to the point that, in the best estimate of the
municipal Construction Code Official, the cost of correcting the outstanding
code violations equals more than 25% of the cost of replacing the
entire improvement on which the violations occur, the Construction
Code Official shall serve personally or by certified mail, return
receipt requested, a notice on the owner of the landmark listing the
violations, the estimate for their abatement, and the replacement
cost of the improvement and stating if the owner does not take all
necessary remedial action within 90 days, or such extensions of time
as the Construction Code Official shall for good cause grant, the
municipality may at the expiration of the ninety-day period, enter
upon the property in question and abate the violation itself and cause
the cost thereof to become a lien on the property.
[Ord. No. 3355]
Upon receipt of such notice from the municipal Construction
Code Official, the owner may, within 10 days after such a receipt,
notify the Construction Code Official of his wish to have a hearing
as to the allegations and estimates set forth in the Construction
Code Official's notice. Such hearing shall be conducted by the
Planning Board and shall, so far as possible, be a formal adversary
proceeding in which the Planning Board shall establish the matters
alleged in the notice by a preponderance of the evidence.
If the owner does not request a hearing, the procedures set forth in subsection 25-19.1 in this Chapter shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to subsection 25-19.1, of this Chapter.
[Ord. No. 3355]
Thereafter, if the owner of the property in question does not
comply, the Construction Code Official may enter onto the premises
and, by use of municipal labor or outside contractors or both, perform
such work as is necessary to abate all violations.
The Construction Code Official shall then certify to the Governing
Body of the Township of Belleville the cost of such work, plus all
administrative, clerical and legal costs and overhead attributable
thereto and shall present same to the Governing Body of the Township
of Belleville.
The Governing Body of the Township of Belleville may, by resolution,
vote to cause the sum so certified to become a lien upon the land-mark
property in question, payable with the next quarter's property
taxes and, if not paid, bearing interest at the same rate as delinquent
taxes.
[Ord. No. 3355]
It shall be the duty of all municipal officials reviewing all
permit application involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a Certificate of
Appropriateness, and if it should, to inform, in writing, both the
secretary of the Commission and the applicant in a timely fashion.
