A. 
Permits and applications. All permits and development applications involving the development activities that affect an historic landmark or an improvement within an historic district shall be reviewed by the Commission. Such review shall be required for the following actions:
(1) 
Demolition of an historic landmark or an improvement within an historic district.
(2) 
All changes in any historic features or the exterior architectural appearance of any improvement within an historic district or of any historic landmark by addition, alteration, or replacement.
(3) 
Any new construction of an improvement in an historic district.
(4) 
Site plans or subdivisions affecting an historic landmark or an improvement within an historic district.
(5) 
Zoning variances affecting an historic landmark or an improvement within an historic district.
(6) 
New paint being applied to historically unpainted surfaces.
(7) 
Any work concerning fences, signs, lighting, paving, exterior sheathing, trim, shutters, gutters, or streetscape work.
(8) 
Any request for a major field change for a zoning permit which has already been issued.
A. 
Emergency repairs. Review by the Historic Preservation Commission is not required when an historic landmark requires immediate emergency repair due to sudden disaster to preserve the continued habitability of the landmark, the health and safety of its occupants or others, or its historic features from further damage arising from sudden disaster. Nonemergency repairs shall be subject to standard Historic Preservation Commission review procedures and all requirements herein. Only emergency repairs shall be performed following this expedited review procedure:
(1) 
Emergency repairs may be performed in accordance with the applicable construction codes immediately upon approval of the Construction Official in consultation with the Historic Preservation Commission Chair and the Zoning Officer, who shall certify that a bona fide emergency of the type described herein exists, without first obtaining review from the Historic Preservation Commission. Under such circumstances only, the emergency repairs performed shall be limited to repairs as are necessary to preserve the continued habitability of the building or structure, the health and safety of its occupants or others and/or to protect historic features from further damage. Where feasible, temporary measures to prevent further damage shall be used, provided these measures are reversible without damage to the building or improvements.
(2) 
Simultaneously with the commencement of the emergency work, the property owner shall make a request for review by the Historic Preservation Commission memorializing the approval of said emergency work. This request shall be made pursuant to the standard procedures set forth in this chapter. A request for emergency work shall not relieve the requirement to make a request for review for all nonemergency work.
(3) 
Emergency review procedures in this section should be strictly limited to those circumstances which, in the opinion of the Construction Official in consultation with the Historic Preservation Commission Chair with the recommendation of the Zoning Officer, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request has been reviewed by the Historic Preservation Commission and subsequent appropriate approvals from the Construction Official.
B. 
Interior structures. A zoning permit is not required for changes to the interior of structures (not open to public view and not affecting the exterior).
C. 
In-kind maintenance. A zoning permit is not required for in-kind maintenance or repair of:
(1) 
Existing windows and doors;
(2) 
Existing roof material or shingles;
(3) 
Existing roof structures such as dormers and chimneys;
(4) 
Existing shingles, clapboards, or other siding; or
(5) 
Existing shutters, hedges, street furniture, awnings, and sidewalks.
D. 
Painting and cleaning. A zoning permit is not required when painting or cleaning, except where it is proposed that new paint be applied to historically unpainted surfaces.
A. 
General criteria for review. In reviewing an application, or reviewing whether proposed activity or work is affecting a landmark or historic district, the Historic Preservation Commission, the Land Use Board, the Township Council, and all other officials and agencies of the Township responsible for the administration of this chapter shall conduct their review based on the purposes and provisions of this chapter, the Standards and Guidelines of the Secretary of the Interior, and:
(1) 
The impact of the proposed change on the historic, architectural, and/or cultural significance of the landmark or landmark district.
(2) 
The overall architectural or historic significance the change may have on the immediately surrounding community or the community at large.
(3) 
The effect the change may have on the historic status of any historic hamlet or district within the Township.
(4) 
The proposed use of the structure or property.
(5) 
The extent to which the proposed action would adversely affect the public's view from the street of a landmark, building, structure, object, or site located within a landmark district.
(6) 
The impact that the proposed change would have on the architectural or historic significance of the landmark or landmark district and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth herein.
B. 
Rehabilitation of existing buildings, structures, objects, and sites. In reviewing any application, the Commission shall make its recommendation as to whether any application should be approved, approved with conditions, or denied on the basis of the purposes and the provisions of this chapter and the following standards for review, which are similar to the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," as hereafter may be amended
(1) 
Every reasonable effort shall be made by the applicant to provide a compatible use for a property which requires minimal alteration of the building, structure, object, or site and its environment, or to use a property for its originally intended purpose.
(2) 
The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) 
All buildings, structures, objects and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced, whenever possible, using the Secretary of the Interior's Standards for Rehabilitation. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities.
(7) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, or integrity, and such design is compatible with the proportions, size, scale, color, material, and character of the property, neighborhood or environment.
(8) 
Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
C. 
Factors to be considered by the Historic Preservation Subcommittee in reviewing applications for new construction, or replacements affecting an historic landmark or other improvement within an Historic Overlay Zone, include the following:
(1) 
It is not the intent of this chapter to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings or historical architectural interest or of a certain period of architectural style, but rather to preserve the integrity and authenticity of an historic preservation district and to ensure the compatibility of new structures therein.
(2) 
In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with the general review standards, standards of rehabilitation and review criteria set forth above. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alterations to the landmarks or new construction, additions, or alterations to buildings, structures, objects, or sites located within landmark districts. The design criteria used are:
(a) 
Height. The height of the proposed structure shall be visually compatible with adjacent buildings.
(b) 
Proportion of facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(c) 
Proportion of the openings. 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.
(d) 
Rhythm of solids. The relationship of solids to voids in the facade of a building shall be visually compatible with buildings and places to which it is visually related. This shall include the vertical facade plane as well as the roofline of the building.
(e) 
Rhythm of spacing. 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.
(f) 
Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible to buildings and places to which it is visually related.
(g) 
Relationship of materials. The relationship of materials, texture, and tone to the facade and roof of a building(s) shall be visually compatible with the predominant materials used in buildings to which it is visually related.
(h) 
Roof. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(i) 
Frontage. In order to ensure that the building is visually compatible with the buildings to which it is visually related, reverse frontage is prohibited.
(j) 
Scale. The size of a building mass in relation to open spaces, window and door openings, porches and balconies shall be visually compatible with buildings and places to which it is visually related.
(k) 
Exterior features. A structure's related exterior features, such as lighting, fences, sidewalks, driveways and parking areas, shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant. New signage shall also abide by any supplemental historic design or graphic standards that may be developed by the Commission for the district.
D. 
Review criteria for demolition. With regard to applications to demolish a landmark or any building, structure, object or site located within a landmark district, the Historic Preservation Commission or any other Township agency shall consider the following criteria in conjunction with the general review standards (above), and the Secretary of Interior's Standards and guidelines:
(1) 
Its historical, architectural, cultural, and aesthetic significance.
(2) 
Its use, its intended use, and/or the use for which the buildings, structure, object, or site was originally designed and the feasibility of the continuation of its permitted use.
(3) 
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 landmark district and/or to 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 and expense.
(5) 
The extent to which its retention would promote business, create new positions, attract tourists, students, writers, historians, artists, or artisans, 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 Township a more attractive and desirable place in which to live.
(6) 
The probable visual impact of its removal upon the ambience of the landmark district.
(7) 
The structural soundness and integrity of the building, structure, object, or site and the economic feasibility for its restoration or rehabilitation to allow for its reasonable use.
A. 
Referral by Land Use Board to Historic Preservation Commission of development applications involving historic landmarks or landmark districts. Compliance is as follows:
(1) 
The Land Use Board shall refer to the Historic Preservation Commission every application for development submitted for development in the Historic Overlay Zone. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written reports which may have been submitted. The Land Use Board retains its discretion to grant or deny an application despite the Historic Preservation Commission's recommendation.
(2) 
On all matters referred to the Historic Preservation Commission which require approval by the Township Land Use Board, the Historic Preservation Commission may comment on any of the zoning and land use considerations which are relevant to the application. The Land Use Board, as applicable, shall consider testimony and/or written report(s) presented and may disapprove or change any of the recommendations made by the Historic Preservation Commission.
(3) 
Failure on the part of the Historic Preservation Commission to act within 45 days on an application referred to by the Land Use Board shall be deemed an approval in favor of the applicant.
(4) 
Failure by the Land Use Board to refer the application as required shall not invalidate any hearing or proceeding.
B. 
Upon referral from the Zoning Officer, the Historic Preservation Committee shall review new construction or replacements, alterations and/or additions to single-family homes or any other type of building or structure that does not require Board approval.
C. 
Demolition of an historic landmark or building or object within the designated Historic Overlay Zone.
D. 
Minor applications. The Chair of the Historic Preservation Commission, in consultation with the Technical Review Committee, may review applications determined to be minor applications without holding a public hearing.
(1) 
The Chair, in consultation with the Zoning Officer, may act in place of the full Historic Preservation Commission and directly approve minor work. A report on the approval of each minor application shall be presented to the Historic Preservation Commission by the Chair within 30 days of the date of any approval. The Chair's report on the minor application approval shall become part of the minutes and shall be made available for public review.
(2) 
If the Chair issues approval for a minor application, the Chair shall notify Township agencies through the Zoning Officer of such issuance of approval for minor work; after receipt of such notice of approval, the Township agencies may then issue any other applicable permits per their authority and procedures.
(3) 
If the Chair does not find the application appropriate, the application shall be scheduled by the Commission for a public hearing before the full Commission.
(4) 
Final determination of approval of the minor application shall be made by the Chair, which decision shall be binding on the Zoning Officer.
E. 
Informational copies of applications from Land Use Board. (N.J.S.A. 40:55D-110). The Land Use Board shall refer to the Commission every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map, historic buffer areas, or identified in any component element of the Master Plan.
F. 
Notwithstanding any other provisions of this chapter, review by the Historic Preservation Commission shall not be required where a Township agency or official, for the purpose of promoting the public safety, health, and/or welfare, orders the demolition of a structure or building as a result of its condition.