This Article shall be known as and may be cited as "Historic Designation and Preservation Ordinance of the City of Trenton."
A. 
The City Council of the City of Trenton ("City") finds and determines as follows:
1. 
The historical, cultural, architectural, and social heritage of the City is given in trust from generation to generation to be used, enriched, and then passed on;
2. 
The character, lifestyle, and very quality of life in the City depend in great measure upon protecting this heritage of the past;
3. 
The ongoing presence of historic districts and historic sites, as an essential element of municipal character and identity, is an important factor in the economy of the City and the property values therein;
4. 
Such historic districts and historic sites are vital to the education and civic mindedness of the City's young people;
5. 
A number of critical factors, such as deterioration, demolition, redevelopment, and re-subdivision, threaten such historic sites and districts; and
6. 
The welfare of the City is enhanced by the preservation of its historic heritage for the reasons set forth above.
B. 
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-65.1, permits municipalities to adopt a zoning ordinance that designates and regulates historic sites or historic districts and provides design criteria and guidelines therefor.
C. 
It is therefore determined that there is a special public interest in the preservation of this heritage which requires the designation and regulation of historic districts and historic sites as provided in this ordinance, which public interest has been recognized by the State of New Jersey in N.J.S.A. 40:55D-2(j) and N.J.S.A. 40:55D65(i).
D. 
In adopting this Article, it is the intention of the City Council to designate and regulate historic sites and historic districts within the City consistent with and pursuant to authority granted under the New Jersey Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1, et seq. In accordance with provisions therein (N.J.S.A. 40:55D-107), this Ordinance provides for the creation of a Commission that can assist the City in establishing a system of regulation, based on a rational plan and objective, which will complement existing land use and construction code legislation. The controls herein established are compatible with the New Jersey State Uniform Construction Code (N.J.A.C. 5:23) and are responsive to the Master Plan of the City of Trenton and the applicable provisions of the MLUL, including but not limited to N.J.S.A. 40:55D-2(j), 40:55D-28(b)(10), 40:55D65(i), 40:55D-65.1, and 40:55D-107 through 40:55D-112.
E. 
Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner from complying with requirements of any other state statutes or City Ordinances or regulations.
F. 
In the event of any inconsistency, ambiguity, and/or overlapping of requirements promulgated by the City, the more restrictive requirement shall apply.
G. 
This Article should not be construed as requiring or prohibiting the use of any particular architectural style; rather, the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction on a historic site or in a historic district should not necessarily duplicate the style of the historic site or historic district; it should simply be compatible with, and not detract from, the historic site or historic district.
For the purpose of this Article and unless the context clearly indicates otherwise, the following words and phrases shall have the meanings ascribed to them by this Article. Otherwise, words and phrases in this Article shall have the meanings set forth under Chapter 315 of the Land Development Ordinance of the City of Trenton.
ADDITION
An extension or increase in the size, floor area, building coverage, or height of any building.
ADMINISTRATIVE OFFICER
The City Planner or his/her designee.
CONSTRUCTION OFFICIAL
A duly authorized City official responsible for issuing building or construction permits in the City of Trenton and for performing the duties and functions prescribed in N.J.A.C. 5:23.
DEMOLITION
The partial or total razing, dismantling, or destruction, whether entirely or in significant part, of any building, structure, object, or landmark. "Demolition" includes the removal of a building, structure, or object from its site or the removal or destruction of the facade or surface.
ENFORCEMENT OFFICER
The Zoning Official, Construction Official, or Housing Inspector of the City of Trenton, as applicable.
HISTORIC DISTRICT
A. 
A geographically definable area of historic sites, designated by ordinance, that are linked historically or aesthetically by plans or physical development and acknowledged to possess collective importance.
B. 
A historic district designated by ordinance may also consist of a definable group of tax map lots, the improvements on which, when viewed collectively:
1. 
Represent a significant period or periods in the architectural and social history of the City;
2. 
Because of their unique character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the City; or
3. 
Have a unique character resulting from their architectural style.
Except as otherwise stated, all references to landmarks in this Article shall be deemed to include historic districts as well.
HISTORIC PRESERVATION COMMISSION APPLICATION REVIEW SUBCOMMITTEE
A Subcommittee of the Historic Preservation Commission, established in accordance with the provisions of Chapter 2, Section 71, for the purpose of reviewing Minor Work applications for the issuance of a Certificate of Appropriateness pertaining to a historic site or property within the historic district, as defined by the provisions of the City Code.
HISTORIC SITE OR LANDMARK
Any real property, man-made structure, natural object, configuration, or any portion or group of the foregoing which have been formally designated by ordinance and/or on the Zoning Map of the City of Trenton as being of historical, archeological, cultural, scenic, or architectural significance, which:
A. 
Is of particular historic, cultural, scenic, or architectural significance to the City of Trenton and in which the broad cultural, political, economic, or social history, state or community is reflected or exemplified;
B. 
Is identified with historic personages or with important events in the main current of national, state, or local history;
C. 
Shows evidence of habitation, activity, or the culture of prehistoric man;
D. 
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style, or method of construction;
E. 
Represents a work of a builder, designer, artist, or architect whose individual style significantly influenced the architectural history of the City; or
F. 
Is imbued with traditional or legendary lore.
A historic site can include a building, structure, or site.
IMPROVEMENT
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 no less than 30 continuous days.
IN-KIND
Same material, color, shape, quality, and appearance, based on historic research and physical evidence of essential form and detailing of historical materials, or features.
MAJOR WORK
Any work that requires a Certificate of Appropriateness and is not a Minor Work, as defined above. Notwithstanding this definition and the definition of "Minor Work" as set forth above, any application which involves the subdivision, application for a site plan, or variance approval by the Planning Board or Zoning Board of Adjustment involving a historic site or land within a historic district shall be deemed to be a Major Work application.
MINOR WORK
Any work that requires a Certificate of Appropriateness which:
A. 
Does not involve demolition, relocation, reconstruction, or removal of a historic site or a principal building of a historic land within a historic district; or
B. 
Does not involve an addition to a historic site or principal building in a historic district, or new construction of a principal building in a historic district; or
C. 
Does not involve the replacement, reconstruction, rehabilitation, or restoration of lawfully existing building elements, such as doors, windows, siding, or other features visible from public view, with non-in-kind materials on a historic site or the principal structure within a historic district; or
D. 
Is a request for approval of ordinary maintenance and repair work, construction of fences, signs, awnings, or lighting, and similar accessory structures which, in the opinion of the Historic Preservation Commission Application Review Subcommittee, will not substantially affect the characteristics of the historic site or the historic district; or
E. 
Is a request for a field change (i.e., those changes made in the field which are necessitated by job condition having no material design ramifications not constituting discretionary scope changes) in circumstances in which a Certificate of Appropriateness has already been issued, and such field change which, in the opinion of the Historic Preservation Commission Application Review Subcommittee, does not affect the architectural significance of the historic site or district; or
F. 
Does not involve a change to the roofline of any building on a historic site or a principal building of a historic land within a historic district, nor involves the installation of new rooftop solar panels that are visible from public view.
G. 
Does not involve interior alterations to historic sites where the building's interior is recognized as having historic value, in accordance with § 315-15.4.
ORDINARY MAINTENANCE AND REPAIR
Repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship. Ordinary maintenance shall further include in-kind replacement of lawfully existing exterior elements, such as windows, doors, signs, or accessory hardware, using the same materials and workmanship and having the same appearance.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form, material, and details of a vanished building, structure, or object or part thereof, as it appeared during a specific period of time.
REHABILITATION
The act or process of returning the exterior of an improvement to a state of utility through repair or an alteration which makes possible an efficient contemporary use while preserving those portions or features of the improvement which are significant to historical, architectural, and cultural values.
REPLACEMENT
A repair that changes the facade of any structure or improvement.
RESTORATION
The act or process of accurately recovering the form and details of the exterior of an improvement by means of the removal of later work or by the reconstruction of missing earlier work.
SITE
The location of a significant historic event or activity, or remnant of a building or structure, such as a battlefield, landscape, or the ruins of a building or structure.
ZONING OFFICER
A duly authorized City official responsible for administering and enforcing the land use provisions of the City Code.
A. 
Criteria for designation. In establishing and maintaining its survey of historic sites and districts, the Commission shall be guided by the National Register of Historic Places Criteria of Eligibility (36 CFR 60.4) and the criteria set forth in this Ordinance. The survey shall be used as a basis for identifying landmarks and districts worthy of designation. The Commission shall consider for designation districts and historic sites that have integrity of location, design, setting, materials, workmanship, and association, and that meet one or more of the following criteria:
1. 
Character, interest, or value as part of the development, heritage, or cultural Identification characteristics of the City, State, or Nation;
2. 
With a person or persons who significantly enriched the City, State, or Nation;
3. 
Landmark of a historic event which had a significant effect on the development of the City, State, or Nation;
4. 
Embodiment of distinguishing characteristics of a type, period, or method of construction, architecture, or engineering;
5. 
Identification with the work of a builder, designer, artist, architect, or landscape architect whose work has influenced the development of the City, State, or Nation;
6. 
Embodiment of elements of design, detail, materials or craftsmanship that render a landmark architecturally significant or structurally innovative;
7. 
Unique location of singular physical characteristics that make a district or landmark an established or familiar visual feature; and
8. 
Likely to yield information important in history.
B. 
Procedures for designation. The Commission shall consider the designation of a district or a historic site in accordance with the procedures that follow:
1. 
Designation by the city. The Commission or the Planning Board may nominate for designation by the City Council such historic site by a simple majority of affirmative votes, if in the Commission's opinion, the criteria for designation set forth in this Chapter are met. Should the City Council accept the nomination of the Commission to designate a historic site or district, such designation shall be adopted by ordinance as an amendment to the Land Development Ordinance. For any nomination by the Commission, the Commission shall prepare a report containing a statement of its recommendations and the reasons therefor with regard to the proposed designation. Such report shall be considered and adopted at a duly noticed public meeting of the Commission.
2. 
Designation nomination by the affected resident(s). For all districts and sites other than those designated pursuant to Subsection B 1 above, proposals to designate a site or district as historic pursuant to this article may be made by the verified application of the owner(s) of a site, or with respect to a proposed district, by any owner within the proposed district.
a. 
Nomination proposals. The party or parties proposing a site or district for designation under this Section may prepare and submit to the Commission a nomination report for each proposed site or district. Should a nomination report not be submitted by the party or parties proposing a site or district, the Commission or such professional retained by it for that purpose may prepare such a report. For historic district designations, the report shall include a building-by-building inventory of all properties within the district, photographs of representative properties within the district, a property map of the district showing boundaries, and a physical description and statement of significance for the district. For individual site designations, the report shall include one or more photographs, the tax lot and block number of the property as designated on the Official Tax Map of the City and a physical description and statement of significance and proposed utilization of the site.
b. 
Notice. The Commission shall schedule a public hearing on the proposed designation of a site or district. At least 20 days prior to the hearing, the Commission shall, by personal service or certified mail:
(1) 
Notify the owner(s) of record of a property that has been proposed for designation or of property within a district that has been proposed for designation that the property is being considered for such designation and the reasons therefor.
(2) 
Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this article.
(3) 
Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property.
(4) 
Serve any notices further required under the provisions of the MLUL.
c. 
Public notice of hearing. Public notice of the hearing shall be given at least 20 days prior to the scheduled hearing date by publication in an official newspaper of the City. A copy of the nomination report shall also be made available for public inspection in the City Clerk's office at least 20 days prior to the hearing.
d. 
Hearing. At a public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation.
(1) 
Commission report. Upon Commission review and public hearing, the Commission shall forward to the City Council its report, which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.
(2) 
Referral to the planning board. The City Council shall refer the report to the Planning Board, which in turn shall report to the City Council as soon as possible, but within 60 days. Failure of the Planning Board to transmit its report within the sixty-day period provided herein shall relieve the City Council of its obligations relating to the referral of such a report to the Planning Board. City Council action on site or district designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(3) 
Final designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for Planning Board comment on designations pursuant to the provisions of this Article, and if no comments are made by the Planning Board, the City Council shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Planning Board or by the Commission. In the event that the City Council votes to reject or modify any Planning Board recommendations for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership, except that in cases in which, pursuant to N.J.S.A. 40:55D-63, a written petition signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom inclusive of street space, whether within or without the municipality, is filed with the Clerk of the City, the vote of the City Council shall be by a favorable vote of 2/3 of all the members of the governing body of the municipality.
e. 
Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the City and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.
f. 
Incorporation of designated historic sites or districts into City Records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the City as required by the provisions of the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the offices of the City's Tax Assessor and the Municipal Clerk.
g. 
Amendments. Historic site and district designations may be amended in the same manner as they were adopted in accordance with the provisions of this article.
3. 
Copies of the 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 provided by certified mail to the owner of each site included in the final list, and a true copy thereof shall be filed by the City of Trenton and with the County Recorder of Deeds for recordation in the same manner as certificates of lien upon real property.
4. 
Each designated historic district or historic site may be marked by an appropriate plaque in such form as the Commission shall promulgate by regulation.
5. 
Once an improvement has been designated a historic site or incorporated as a historic structure within a historic district, it may only be delisted therefrom by the same process required herein for its designation. If delisted, a certificate to that effect shall also be filed by the City of Trenton and with the County Recorder of Deeds.
6. 
All historic sites and historic districts designated by ordinance shall be based on identification in the Historic Preservation Plan Element of the Master Plan; provided that the City Council may designate historic site or districts not so identified upon affirmative vote of a majority of its members and provided the reasons for its actions are set forth in a resolution and recorded in its minutes (N.J.S.A. 40:55D-65.1).
7. 
A protest petition against a proposed historic site or district signed by the owners of 20% or more of the area of either, the lots or land included in the proposed designation, or of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, may be filed with the City Clerk. In such event, pursuant to N.J.S.A. 40:55D-63, the proposed designation shall become effective only by a favorable vote of 2/3 of all members of the City Council.
8. 
Pursuant to the provisions of N.J.S.A. 40:55D-65.1, the designation and regulation of historic sites and historic districts shall be in addition to such designation and regulation as the zoning ordinance may otherwise require. As required by N.J.S.A. 40:55D-65.1, all historic sites and historic districts designated in the zoning ordinance shall be based on identifications in the historic preservation plan element of the Master Plan. The governing body may, at any time, adopt, by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the governing body are set forth in a resolution and recorded in the minutes of the governing body, as contemplated in the procedures set forth in this Section.
The following districts and buildings have been designated historic sites and districts to which the provisions governing historic preservation apply and, pending review and recommendation of the Planning Board of any modifications thereof, remain as designated and subject to the regulations and restrictions of this Article and Ordinance.
Historic Districts
Berkeley Square Historic District
Ewing-Carroll Historic District
Fisher-Richey-Perdicaris Place Historic District
Greenwood-Hamilton Historic District
Hanover-Academy Historic District
Mill Hill Historic District
South Warren Historic District
State House Historic District
Yard Avenue Historic District (demolished)
Historic Sites
Ackerman Building
Adams and Sickles Building
Cadwalader Park
Carver Center
Champale Office
Delaware and Raritan Canal
Delaware and Raritan Canal House
Dickinson House
Douglass House
Elks Lodge No. 105
Ellarslie Mansion
Emlan House
First Presbyterian Church
Fitzgibbon/Crisp Warehouse (demolished)
Friends Meeting House
Golden Swan
Grinslade's Blacksmith
John T. Nixon/Higbee School
Kelsey Building
Ladder Company No. 2
League of Women Voters (including interior)
Mercer Cemetery
Mercer Street Friends Center
Mount Carmel Guild
Mt. Zion Church
New Jersey National State Bank
N.J. Employees Association (demolished)
N.J. Steel and Iron Co.
Building/Copper Iron Works
Old Barracks
Old City Hall
Old Eagle Tavern
Old Masonic Temple
Old Mill House
Pentecostal Church (demolished)
Reading Freight Station
Roebling Mansion (including interior)
Rudolph Kuser Estate
Saint Michael's Episcopal Church
Shaky Bridge Street
120 E State Street
73 N Clinton Avenue
135-137 Perry Street
1 W State Street
15 W State Street
501 John Fitch Way
180 E Hanover Street
101-103 S Warren Street
334 N Olden Avenue
20 Bellevue Avenue
101 W State Street
1005 S Clinton Avenue
2014 W State Street
100 Block South Clinton Avenue
151 Mercer Street
Corner of Front & Willow Streets
2 N Broad Street
429-431 S Broad Street
Barracks & W Lafayette Streets
1 Mill Road
207 N Montgomery Street
260 N Willow Street
222 W State Street
315 W State Street
140-144 N Warren Streets
Mahlon Stacy Park
10 E Hanover Street
1 West End Avenue
Parkside Avenue
40 Fowler Street
1024 Lamberton Street City-wide
1 Prospect Street
701 N Clinton Avenue
165 E Front Street
120 N Warren Street
Cadwalader Park
312 W State
Designated Historic Districts and Sites
Site of Hunterdon County House and Prison Walls
The Hermitage
Trenton Battle Monument
Trenton City Hall
Trenton Elks Lodge No. 105 (including interior)
Trenton Public Library (including interior)
Trenton State Prison Administration Building
Trenton State Prison Warden's House
William Trent House
48-52 Passaic Street
16 S Warren Street
46 Colonial Avenue
N Broad & N Warren Streets
139 E State Street
120 N Warren Street
130 Academy Street
Third Street
392 Second Street
15 Market Street
A. 
Actions Requiring a Certificate of Appropriateness. Unless otherwise exempted by the provisions of this Article, a Certificate of Appropriateness shall be required before the Zoning Officer may issue zoning approval and the Construction Official may issue a permit for any of the following activities on the property of any designated historic site or within any designated historic district:
1. 
Demolition of any structure or building located on a historic site or of any principal building within any historic district;
2. 
Relocation of any historic building or structure located on a historic site or of any principal building within any historic district;
3. 
Subdivision of any historic site or any land within a historic district;
4. 
Changes in the exterior facade of any existing historic site or of any principal building within any historic district by addition, alteration, replacement, rehabilitation, restoration, repair, or reconstruction;
5. 
Changes in, or addition of new accessory buildings and structures, including but not limited to signs, fences, garages, sheds, solar panels, or exterior lighting, and similar site improvements visible from the public view;
6. 
Any new construction on a historic site or in a historic district visible from the public view.
7. 
Interior alterations to historic sites as specified in § 315-15.4.
B. 
Exceptions.
1. 
Interior work. A Certificate of Appropriateness shall not be required for changes to the interior spaces of buildings, except for historic sites specified in § 315-15.4.
2. 
Paint. A Certificate of Appropriateness shall not be required to change paint color either in the interior or on the exterior of a building.
3. 
In-kind facade replacement. In-kind repair and replacement work affecting the lawfully existing elements of the rear or side facade of a building or structure not visible from the public view shall not require a Certificate of Appropriateness.
4. 
In-kind accessory structure repair and replacement. In-kind replacement of existing building service equipment, such as A/C units, generators, solar panels, and similar structures, and repair of existing paved surfaces with in-kind material shall not require a Certificate of Appropriateness.
5. 
Emergency repairs as per § 315-15.6.
C. 
Upon receipt of an application for zoning and/or construction permits for work on a historic site or a property located within the historic district for which a Certificate of Appropriateness is required, the Construction Official and/or Zoning Officer shall notify the applicant in writing that the certificate must be obtained prior to the issuance of any construction or zoning permits. A copy of this notice shall be provided to the Planning Division. Along with the notice, the applicant shall receive the Historic Preservation Commission's application materials and shall be directed to file an application with the Planning Division in accordance with the provisions of this Article.
D. 
Review of certificate of appropriateness applications.
1. 
Review of certificate of appropriateness applications for minor work.
a. 
Applications for a Certificate of Appropriateness for a Minor Work, as defined by the provisions of this Article, shall be reviewed by the Historic Preservation Commission Application Review Subcommittee, and the Chairman of the Historic Preservation Commission shall act in the place of the full commission for purposes of providing recommendations to the Administrative Officer as prescribed by this Article.
2. 
Review of Certificate of appropriateness applications for major work.
a. 
Applications for a Certificate of Appropriateness for a Major Work, as defined by the provisions of this Article, shall be considered and acted upon by the Commission only during a duly noticed public hearing at which any interested party may ask questions and be heard on the application.
b. 
The Commission shall, in accordance with N.J.S.A. 40:55D-111, provide a written report at the conclusion of its review of the request for a Certificate of Appropriateness, which shall describe the application of the provisions of this Article to the activities proposed by the applicant.
c. 
In the case of an application that requires approval by the Planning Board or Zoning Board of Adjustment, the Commission's review shall be confined to those aspects of the proposal not under the jurisdiction of the reviewing Board.
3. 
Review of Planning and Zoning Board of Adjustment Applications.
a. 
The Planning Board and Zoning Board of Adjustment shall refer to the Historic Preservation Commission every application submitted to either Board for development in historic zoning districts or on a historic site designated on the zoning or official map or identified in any component element of the Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.
b. 
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 report which may have been submitted.
c. 
Any approval by the Planning Board or Zoning Board of Adjustment shall not relieve the applicant of the requirement to apply for a Certificate of Appropriateness regarding any aspect(s) of the proposed activity not specifically under the jurisdiction of and approved by the reviewing Board.
E. 
The Commission and Subcommittee shall render a recommendation on any application for a Certificate of Appropriateness within 45 days of the date on which it is deemed complete. The Administrative Officer shall render a decision on any application for a Certificate of Appropriateness within 45 days of the date on which it is deemed complete. Otherwise, such applications shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement between the applicant and the Administrative Officer, Commission, or Subcommittee.
F. 
Issuance of a certificate of appropriateness.
1. 
If, in the case of any application with respect to a historic district or historic site listed within the City's historic preservation plan, the Commission's report filed with the Administrative Officer recommends against the issuance of a Certificate of Appropriateness, and further recommends referral of the application to the Planning Board for consideration of its reservation under the Board's authority granted pursuant to N.J.S.A. 40:55D-44, the Administrative Officer shall deny issuance of the Certificate of Appropriateness and the permit for the proposed work, and so refer the application to the Planning Board along with the Commission's recommendations regarding reservation as authorized under N.J.S.A. 40:55D-44.
2. 
If, by its report to the Administrative Officer, the Commission or Subcommittee recommends against the issuance of a Certificate of Appropriateness, the Administrative Officer shall deny issuance of the Certificate of Appropriateness for the proposed work.
3. 
If, by its report to the Administrative Officer, the Commission or Subcommittee recommends that the permit be approved with certain conditions, the Administrative Officer shall only approve the Certificate of Appropriateness with the conditions as therein recommended, and the permit for the proposed work shall be issued in accordance with the recommended conditions.
G. 
Any Commission or Subcommittee recommendation to the Administrative Officer in favor of permit issuance shall not be construed to relieve the applicant of his/her or its obligation to comply with any and all other applicable laws, ordinances, rules, regulations, or requirements, outside of the jurisdiction of the Commission.
A. 
When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with any applicable building code without first obtaining a Certificate of Appropriateness.
B. 
Under such circumstances, the repairs performed shall be only those necessary to protect the immediate health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure.
C. 
Where feasible, temporary measures to prevent further damage should be used, provided these measures are reversible without damage to the structure.
D. 
The property owner shall file an application for a Certificate of Appropriateness simultaneously with the onset of emergency work. Such emergency work shall be permitted only if the Administrative Officer certifies the immediate necessity for such permit issuance.
E. 
Upon notice to the full Commission that the application involves a Major Work application as defined by this Article, at least three members of the Commission shall convene as soon as possible, and such convening members shall proceed to review the Certificate of Appropriateness application as provided for in this Article. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-9.
F. 
Subsequent to such review, a Certificate of Appropriateness may be issued upon a majority vote of the members convened, recommending approval of such application. No work other than the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained from the Commission after referral of the request by the Administrative Officer.
A. 
All applications for Certificate of Appropriateness shall be filed with the City Planning Division on forms promulgated by the Historic Preservation Commission and shall include all supplemental information as required herein to permit a full and accurate assessment and decision by the Commission in accordance with the review criteria set forth in this Article.
B. 
Within 20 days of its receipt of an application for a Certificate of Appropriateness, the Administrative Officer, in conjunction with the Chairperson or Vice-Chairperson of the Historic Preservation Commission, as appropriate, shall:
1. 
Classify the project as a Major or Minor Work in accordance with the definitions provided in this Article;
2. 
Review the application for completeness in accordance with the submission requirements set forth in this Article;
3. 
Notify the applicant, in writing, of such completeness determination; and
4. 
In the event the application is deemed incomplete, include within such notice, a list of the deficiencies that render the application incomplete and which the applicant must address in order for the application to be complete. If such notice is not issued to the applicant within 20 days of the Commission's receipt of the application, the application shall be deemed complete upon expiration of the 20-day period.
C. 
Checklist waivers. The Planning Division shall maintain a checklist of the items necessary to be filed in support of an application, as promulgated by the Commission, which the Commission may modify as it shall deem appropriate. The Administrative Officer, in conjunction with the Commission Chair when appropriate, or in the absence of the Chair, the Vice-Chair, or their designee, at the request of an applicant or on its own, may waive submission of one or more required items in appropriate instances. Any request for such waiver(s) by an applicant must accompany the application and shall include a statement of the reasons for such request.
D. 
Validity of submittals. Nothing herein shall be construed as diminishing the applicant's obligation to prove entitlement to issuance of a Certificate of Appropriateness. The Commission or Subcommittee may require correction of any information found to be in error in the application and retains authority to require submission of items previously waived for submission, and/or any additional information not specified in the checklist, as may be reasonably required to make a decision upon the application. However, the application shall not be deemed incomplete for lack of any such additional information or corrections.
E. 
Submission requirements, minor work applications. Minor Work applications for a Certificate of Appropriateness shall include, at minimum, the following:
1. 
Completed Certificate of Appropriateness application forms, providing all information therein requested including a detailed description of the project proposal, with the original signature(s) of the owner(s) and/or applicant(s) and date(s) of signature included thereon.
2. 
As applicable, a copy of current property survey prepared by a licensed Land Surveyor, including metes and boundary lines, and location and scale of all existing structures and improvements.
3. 
Photographs depicting existing building(s), structure(s), and conditions on the subject site and on immediately adjacent properties.
4. 
Specification of materials to be used in completing the project and proposed colors of exterior finishes.
5. 
Sketches or drawings illustrating the project, as proposed.
6. 
Such additional information as the applicant or the Commission may find necessary to clearly explain and/or illustrate the project proposal and to assess whether or not a Certificate of Appropriateness will be issued.
F. 
Submission requirements, major work applications. Major Work applications for a Certificate of Appropriateness shall, in addition to the items required for minor applications listed at above, include the following:
1. 
Scaled drawings prepared by a licensed professional, as applicable, depicting existing and proposed: site layout, building elevations, floor plans, roof layout plans, and materials specifications.
2. 
For new buildings, additions to buildings, and/or those affecting 10% or more of the facade of a building, scaled professional drawings shall include detailed information concerning significant architectural elements, including but not limited to such items as windows, porches, porticos, chimneys, doors, stoops, cornices, and decorative features.
3. 
For new construction, a streetscape elevation drawn to scale, showing the new structure in the context of neighboring buildings.
4. 
A written statement or report prepared by a qualified professional (i.e., an individual knowledgeable in historic architecture who is also an architect, landscape architect, planner, architectural historian, or other like professional) discussing the relationship between the project proposal and the standards of review as set forth in this Article.
5. 
A copy of any application approved by the Planning Board or Zoning Board of Adjustment, as applicable, along with the Board's memorializing resolution.
G. 
The applicant shall file one original and one copy of the full application package for purposes of the completeness determination. Upon receipt of notification that the application is a Major Work application and requires review by the Commission, the applicant shall provide 11 additional copies of the full application for review by the members of the Commission.
A. 
Design guidelines for issuance of a Certificate of Appropriateness. In reviewing any application for a Certification of Appropriateness, the Commission and Subcommittee shall be guided by the Secretary of the Interior's Standards for the Treatment of Historic Properties, which may be amended from time to time.
B. 
Demolitions. In regard to any application to demolish a historic structure or site or a principal building within a historic district, the following matters shall be considered:
1. 
Its historic, architectural, and aesthetic significance;
2. 
Its use, however, this consideration shall not be construed to supersede or interfere in any way with the uses permitted within any zoning district in the City of Trenton, as set forth by Chapter 315 of the Land Development Ordinance, or otherwise permitted under the provisions of N.J.S.A. 40:55D-1, et seq.;
3. 
Its importance to the City and the extent to which its historical or architectural value is such that its removal would be detrimental 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;
5. 
The extent to which its 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 in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; or making the City a more attractive and desirable place in which to live;
6. 
If it is within a historic district, the probable impact of its removal upon the ambience of the historic district; and
7. 
Whether, in the case of a historic site, the site is of such significance that it would be feasible and appropriate to raise funds through grants, gifts, foundations or other sources to enable its acquisition and preservation by the City or other agency dedicated to historic preservation, and should thus be considered by the Planning Board for reservation for up to a one-year period to enable such acquisition, with appropriate compensation provided to the owner, under the Board's authority granted pursuant to N.J.S.A. 40:55D-44.
C. 
Relocation out of the City of Trenton. In regard to an application to move a structure or building located on a historic site or a principal building within a historic district to a location outside the City of Trenton, the following matters shall be considered along with any other factors the Commission considers relevant:
1. 
The possible historic loss to the landmark of the original location;
2. 
The reasons for not retaining the landmark or structure at its present landmark;
3. 
The proximity of the proposed new location to the City of Trenton, including the accessibility to the residents of the City of Trenton and other citizens;
4. 
The probability of significant damage to the landmark or structure itself during relocation; and
5. 
The applicable matters listed in the checklist for the Major Work application.
D. 
Relocation within the City. In regard to an application to move a building or structure located on a historic site, or any principal building in a historic district, to a new location within the City of Trenton, the following matters shall be considered in addition to the factors listed above:
1. 
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this Ordinance; and
2. 
If the proposed new location is within a historic district, the visual compatibility factors as set forth by this Article.
E. 
Subdivisions, site plans, variances. Notwithstanding the provisions of the Land Use Ordinance applicable to subdivisions, a designated historic site shall be subdivided only when:
1. 
The proposed subdivision would not adversely impact the architectural or historic character of the structure or structures on the designated historic site, its surrounding grounds, or the designated historic district in which it is located; or
2. 
The reviewing Board finds that any adverse impact to the site or district resulting from the subdivision will be satisfactorily mitigated by the imposition of conditions upon any approval requiring that specific measures be taken, such as, but not limited to, installation of screening, buffering, and/or landscaping.
These standards shall not be considered satisfied merely because subdivision and development of the property may be more profitable than the existing lot configuration. If a subdivision requires one or more variances from the zoning regulations, the decision on such variance request(s) shall give specific consideration to the historic preservation standards of this Ordinance.
Consistent with the intent and purpose of the MLUL, this Chapter, and the Land Use Ordinance of the City of Trenton, the Commission may recommend to the reviewing Board that a historically designated site may not be subdivided, and, provided that the application does otherwise conform with the zoning ordinance and/or the application provisions of the site plan ordinance, the reviewing board may rely on such a determination in order to deny any subdivision of a historic site. If a subdivision is approved consistent with these provisions, all new construction on any resulting lot shall be subject to the requirements of this subsection and Subsections F, G, and H, below. All lots retain their original historic designation. All powers exercised pursuant to this Subsection shall be within the jurisdiction of the Planning Board or Zoning Board of Adjustment, as applicable under the provisions of the N.J.S.A. 40:55D-1, et seq.
F. 
Visual compatibility considered for new construction, additions, removals, or rehabilitations. In regard to an application to move a building or structure located on a historic site, or to construct a new structure or add to, alter or rehabilitate an existing improvement within a historic district, or a site, the visual compatibility of the proposed improvement with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth by this Article.
G. 
Consideration on other actions. In regard to an application for approval of any proposed action set forth in this Article, the following matters shall be considered:
1. 
If a historic site or an improvement in a historic district is involved:
a. 
The impact of the proposed change on its historic and architectural character;
b. 
Its importance to the City of Trenton and the extent to which its historic or architectural interests would be adversely affected to the detriment of the public interest; and
c. 
The extent to which there would be involvement of textures and materials that could be reproduced or could be reproduced only with great difficulty.
H. 
The use of any structure involved; provided, however, that this consideration shall not be construed to supersede or interfere in any way with the uses permitted within any zoning district in the City of Trenton, as set forth by the Land Use Ordinance, or otherwise permitted under the provisions of N.J.S.A. 40:55D-1, et seq.
I. 
The extent to which the proposed action would adversely affect the public's view of a site or improvement within a historic district from a public view.
J. 
If the application deals with an improvement or other proposed action within a historic district, the impact the proposed change would have on the character and ambience of the historic district and the improvement's visual compatibility with the spaces and structures to which it would be visually related in terms of the visual compatibility factors.
K. 
Additional matters considered. In regard to all applications, additional pertinent matters may be considered. These additional matters may include the following standards and objectives of the Ordinance:
1. 
Every reasonable effort should be made to provide a compatible use for buildings that will require minimum alterations to the building and its environment. This objective shall not be construed to supersede or interfere in any way with the uses permitted within any zoning district in the City of Trenton, as set forth by the Land Development Ordinance, or otherwise permitted under the provisions of N.J.S.A. 40:55D-1, et seq.
2. 
Rehabilitation work should not destroy the distinguishing qualities or character of the property and its environment. The removal or alteration of any historical material or architectural features should be held to a minimum consistent with the proposed use.
3. 
Deteriorated architectural features should be repaired rather than replaced wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of original features, substantiated by physical or pictorial evidence rather than on conjectural designs, or the availability of different architectural features from other buildings.
4. 
Distinctive stylistic features or examples of craftsmanship which characterize older buildings should be treated with sensitivity.
5. 
Many changes to buildings and environments are evidence of the history of the building and the neighborhood. These changes may have developed significance in their own right and this significance should be recognized.
6. 
All buildings should be recognized as products of their own time. Alterations which may be inconsistent with the actual character of the building should be avoided.
7. 
Contemporary designs for new buildings in old neighborhoods and additions to existing buildings or landscaping should not be discouraged if such design is compatible with the character of the neighborhood, building, or its environment.
8. 
Wherever possible, new additions, or alterations to buildings should be done in such a manner that if they were to be removed in the future, the essential form and integrity of the original building would be unimpaired.
9. 
The Historic Preservation Commission shall also be guided by the standards and criteria of the "Secretary of Interior Standards for Historic Preservation Projects" prepared by the Office of Archaeology and Historic Preservation, Heritage Conservation and Recreation Service, U.S. Department of Interior, Washington, D.C., as same may be amended from time to time.
L. 
Visual compatibility factors. In assessing the effect of any proposed change contained in an application before the Commission, the following "visual compatibility" factors shall be used to analyze the effect that the change would have on the landmark and those structures to which the landmark is visually related, or on the district in which the structure is located.
1. 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
2. 
Proportion of building's front 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.
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 the buildings and places to which it is visually related.
4. 
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in facades of buildings shall be visually compatible with the buildings and places to which they are visually related.
5. 
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 the buildings and places to which it is visually related.
6. 
Rhythm of entrance and/or porch projection. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
7. 
Relationship of materials, texture, and color. The relationship of materials, texture, and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related, especially those immediately adjacent.
8. 
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
9. 
Walls of continuity. Appurtenances of a building such as walls, open-type fencing, evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
10. 
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door opening, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
11. 
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. 
Approval. Approval by the Administrative Officer, the Planning Board, or the Zoning Board of Adjustment, in accordance with the procedures set forth herein shall be deemed to be final approval pursuant to this Ordinance. Such approval shall neither cause nor eliminate any requirement for the filing of collateral application(s) or other proceeding(s), as may be required by other municipal ordinance(s) or other applicable law or regulations prior to undertaking the action requested concerning the historic site or district.
B. 
Expiration of approval. A Certificate of Appropriateness shall be valid for two years from the date of its issue. If a separate permit or approval is also required for the action approved and is obtained prior to expiration of said two-year period, then the Certificate of Appropriateness shall continue to be valid through the life of such other permit or approval, inclusive of any extensions thereof.
C. 
Denial. Denial of a Certificate of Appropriateness shall preclude the applicant from undertaking the activity for which approval was sought.
1. 
Denial of an application for development by the Planning Board or Zoning Board of Adjustment involving a designated historic site or district shall be deemed to preclude the applicant from undertaking the activity which would affect the site or historic district that was the subject of such application.
2. 
Denial of a permit by the Administrative Officer based on a recommendation made by the Commission or Subcommittee shall be deemed to preclude the applicant from undertaking the activity for which approval was sought.
3. 
Denial of a Certificate of Appropriateness application for historic site demolition, which denial includes recommendations for referral to the Planning Board for consideration of historic site preservation pursuant to N.J.S.A. 40:55D-44, shall preclude issuance of a permit for the proposed demolition and shall require that the Administrative Officer forward the application to the Planning Board for such consideration.
D. 
Appeals. An appeal of the decision of the Administrative Officer concerning the grant or denial of a permit application pursuant to this Ordinance, shall be made to the Zoning Board of Adjustment as provided under N.J.S.A. 40:55D-70. An appeal from the decision of the Planning Board or Zoning Board of Adjustment shall be made in the same manner as permitted and prescribed by law for appeals from any other decisions made by such Boards in accordance with applicable law.
A. 
Intent and purposes. This Section is adopted in furtherance of the policies set forth in this Ordinance to assure the preservation and enhancement of the City's historical and cultural heritage by preserving, rehabilitating or restoring, whenever possible, buildings or structures which have distinctive architectural features or historical associations that contribute to the historic fabric of the City.
B. 
Procedure.
1. 
No demolition approval shall be issued by the Construction Official for any building or structure identified as a historic site, or for a principal building located within a historic district, as defined by the provisions of the City Code, except in conformity with the provisions of this Article and any other applicable law, statute, ordinance, or regulation.
2. 
The Historic Preservation Commission must consult civic groups and public agencies and officials to determine how the City may preserve the building or premises. The Historic Preservation Commission must attempt, with the owner, to establish feasible plans for preservation of structures where moving or demolition thereof would be a significant loss to the public and the City. The Historic Preservation Commission shall review all applications for demolition and removal of a building or structure on a historic site or a principal building of a historic land within a historic district.
3. 
In regard to an application for a demolition, the following matters must be considered:
a. 
Its historic, architectural, and cultural significance.
b. 
Its potential for use for those purposes currently allowed in the zoning district.
c. 
Its importance to the City and the extent to which its historical, architectural, or cultural value is such that its removal would be detrimental to the public interest.
d. 
The extent to which it is of such old, unusual, or uncommon design, craftsmanship, texture, or material that it cannot be reproduced or could be reproduced only with great difficulty and cost.
e. 
The extent to which its retention or rehabilitation would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting visitors, students, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating study in architecture and design, educating citizens in American culture and heritage or making the City a more attractive and desirable place in which to live.
f. 
If it is within an historic district, the probable impact of its removal upon the character of the district.
4. 
In regard to the application to move any structure from a district to a location outside the district, the following criteria must be considered:
a. 
The historic or architectural loss to the site of the original location and the district as a whole.
b. 
The compelling reasons for not retaining the structure at its present site.
c. 
The probability of significant damages to the structure at its present site.
C. 
Emergency demolition. If the Construction Official determines that the structure is in danger of imminent collapse or is an immediate danger to public safety, he/she may order the structure demolished immediately. The Construction Official must issue a report to and file a Certificate of Appropriateness with the Historic Preservation Commission stating the reasons for the order.
Recognizing the need for preventive maintenance to ensure the continued useful life of historic sites and improvements in historic districts, the City Council hereby declares that Code Enforcement as relates to historic sites and improvements in historic districts is a high priority of the City of Trenton.
A. 
Demolition by neglect. Neither the owner of nor the person in charge of a historic site, or an improvement within a historic district, shall permit such structure, site or property to fall into a state of disrepair which may result in the deterioration of any exterior facade appurtenance or architectural facade feature so as to produce or tend to produce a detrimental effect upon the character of the historic site or historic district as a whole, or the life and character of the historic site, district, structure or property in question, including but not limited to:
1. 
The deterioration of exterior walls or other vertical supports;
2. 
The deterioration of roofs or other horizontal members;
3. 
The deterioration of exterior chimneys;
4. 
The deterioration or crumbling of exterior plasters or mortar;
5. 
The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;
6. 
The peeling of paint, rotting, holes and other forms of decay;
7. 
The lack of maintenance of surrounding environment, e.g., fences, gates, sidewalks, street signs, accessory structures and landscaping; or
8. 
The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
B. 
In the event that any historic site or improvement in a historic district deteriorates to the point that, in the best estimate of the Enforcement Officer, the cost of correcting the conditions of the property or outstanding code violation equals more than 25% of the cost of replacing the entire improvement on which the violations occur, said Enforcement Officer shall serve personally or by regular and certified mail, return receipt requested, a notice on the owner of the historic site listing the violations stating that if the owner does not take all necessary remedial action within 90 days or such extensions as said Enforcement Officer shall for good cause grant, the City of Trenton may, at the expiration of such 90 days, assess such fines as are permitted for violations of this Ordinance, or enter upon the property and abate such violations itself and cause the cost thereof to become a lien upon the property.
C. 
If the owner does not comply, the Enforcement Officer may enter onto the premises and, by use of City workers or outside contractors, or both, perform such work as is necessary to abate all violations. All costs of such work shall be a lien upon the property, payable with the next quarter's real property taxes and, if not paid then, bearing interest at the same rate as delinquent taxes.
A. 
If any person undertakes any activity upon a historic site or improvement within a historic district that requires a Certificate of Appropriateness without first obtaining such Certificate, or fails to ensure the continued useful life of historic sites and improvements within historic districts, that person shall be deemed in violation of this Ordinance. The penalty for such violations shall be as prescribed by the provisions of Chapter 315, Article 17, "Enforcement."
B. 
Upon learning of the violation, the Enforcement Officer shall follow the enforcement procedures prescribed in this Article or in Chapter 315, Article 17, "Enforcement," as applicable.
C. 
If a violation involves ongoing unauthorized construction or demolition work, the Construction Official shall immediately issue a stop work order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119, et seq.
All ordinances or parts of ordinances in conflict or inconsistent with any part of the terms of this Ordinance are hereby repealed to the extent that they are in such conflict or inconsistent.
In the event that any section, part, or provision of this Ordinance shall be held to be unconstitutional or invalid by any court, such holding shall not affect the validity of this Ordinance as a whole, or any part thereof, other than the part so held unconstitutional or invalid.