There is hereby created in and for the Township
of West Milford a Commission to be known as the "Historic Preservation
Commission of the Township of West Milford."
A. Composition of the Historic Preservation Commission.
The Historic Preservation Commission shall be comprised of seven members,
with two alternates.
(1) Of the seven regular Commission members:
(a)
Three shall be Class "A" or Class "B" members,
said classes being defined as:
[1]
Class A: A person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the Township; and
[2]
Class B: A person who is knowledgeable in, or
has a demonstrated interest in, local history and who may reside outside
the Township.
(b)
Four shall be Class "C" members, said class
being defined as citizens of the Township who shall hold no other
Township office, position or employment except for membership on the
Planning Board or Board of Adjustment.
(c)
To the extent available from within the Township
of West Milford, the Mayor shall appoint, with regard to Class "A"
or Class "B" members, trained individuals from the disciplines of
architecture, history, architectural history, prehistoric archaeology,
and historic archaeology 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 Township, 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, then the State Office of New
Jersey Heritage may grant an exemption upon a filing of a petition
by the Mayor. Should such an exemption be granted, then the Mayor
may fill those positions with individuals who meet the requirements
for Class "C" membership.
(2) 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."
B. Appointment of Historic Preservation Commission members.
(1) Regular members shall be appointed by the Mayor and
shall serve for four-year terms, except that Township Planning Board
or Board of Adjustment members shall serve during their incumbency
in office.
(2) The terms of the members first appointed under this
article 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.
C. Election of Chairman and Vice Chairman. The Historic
Preservation Commission shall elect from its membership a Chairman
and a Vice Chairman.
D. Establishment of rules and regulations. The Historic
Preservation Commission shall create rules and procedures for the
transaction of its business, subject to the following regulations:
(1) 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, but not less than
a majority of the full authorized membership may grant or deny a certificate
of appropriateness.
(2) 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.
(3) 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.
E. Compensation of Commission members. The members of
the Historic Preservation Commission shall serve without compensation.
F. Retention of professional assistance. Within the limits
of funds that have been appropriated for the performance of its work,
grants and gifts, the Historic Preservation Commission shall obtain
the services of qualified professional individuals to direct, advise
and assist the Historic Preservation Commission and may obtain the
equipment, supplies and other materials necessary to its effective
operation. The Commission shall obtain its legal counsel from the
Township Attorney at the rate of compensation determined by the Township
Council. Further, the Commission is responsible for ensuring that
when a discipline is not represented on the Commission, and the Commission
considers an action which is normally evaluated by a professional
in a specific discipline, the Commission shall obtain professional
expertise before rendering a decision.
G. Powers and duties. The Historic Preservation Commission
shall have the following powers and duties:
(1) Within 12 months of its organization, the Historic Preservation Commission shall prepare and adopt, pursuant to §
500-138 et seq. of this article, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Planning Board for inclusion in the Township Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Township Council of the Township of West Milford for inclusion in the Land Development Ordinance.
(2) Hear and decide applications for certificates of appropriateness pursuant to §
500-140 of this chapter, for landmarks as designated under §
500-138.
(3) Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in §
500-138.
(4) Report at least annually to the Planning Board and
the Township Council of the Township of West Milford on the state
of historic preservation in the Township and to recommend measures
to improve same.
(5) Collect and disseminate material on the importance
of historic preservation and specific techniques for achieving same.
(6) Advise all Township agencies regarding goals and techniques
of historic preservation.
(7) 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.
(8) 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.
H. Meetings. 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.).
I. Conflicts of interest. No member of the Historic Preservation
Commission of West Milford Township 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.
J. Emergency meetings of Commission. 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 meetings, all of the requirements for
the transaction of business during a regularly scheduled meeting shall
apply.
In making its determinations and recommendations,
the Historic Preservation Commission shall take into consideration
specific standards, as set forth below:
A. Demolitions. In regard to an application to demolish
an historic landmark or any improvement within an historic district,
the following matters shall be considered:
(1) Its historic, architectural, archaeological, and/or
aesthetic significance.
(3) Its importance to the Township and the extent to which
its historical, architectural or archaeological 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 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 Township a more attractive and desirable place
in which to live.
(6) If it is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
B. Removals out of the Township. In regard to an application
to move an historic landmark to a location outside of the Township,
the following matters shall be considered:
(1) The historic loss to the site of the original location.
(2) The compelling reasons for not retaining the landmark
or structure at its present location.
(3) The proximity of the proposed new location to the
Township, including the accessibility to the residents of the Township
and other citizens.
(4) The probability of significant damage to the landmark
or structure itself, as a result of the move.
(5) The applicable matters set forth in Subsection
A of this section.
C. Removals within the Township. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Township, the following matters shall be considered in addition to the matters set forth in Subsection
B of this section:
(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 article.
(2) If the proposed new location is within an historic district, the visual compatibility factors as set forth in Subsection
G of this section.
D. Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into, or to construct a new structure or add to or alter an existing structure within an historic district, or a landmark, the visual compatibility of the proposed structure 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 in Subsection
G of this section.
E. Considerations on other actions. In regard to an application for approval of any proposed action, as set forth in Subsection
G of this section, the following matters shall be considered:
(1) If an historic landmark or a structure in an historic
district is involved:
(a)
The impact of the proposed change on its historic
and architectural character.
(b)
Its importance to the Township and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
(c)
The extent to which there would be involvement
of textures and materials that could not be reproduced or could be
reproduced only with great difficulty.
(2) The use of any structure involved.
(3) The extent to which the proposed action would adversely
affect the public's view of a landmark or structure within an historic
district from a public street.
(4) If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection
G of this section.
F. Additional matters considered. In regard to all applications,
additional pertinent matters may be considered, but in no instance
shall interior arrangement be considered.
G. Visual compatibility factors. The following factors
shall be used in determining the visual compatibility of a building,
structure or appurtenance thereof with the buildings and places to
which they are visually related and shall be known as "visual compatibility
factors:"
(1) Height. The height of the proposed building shall
be visually compatible with adjacent buildings.
(2) Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be visually compatible with the buildings and places to which
it is visually related.
(3) Proportion of openings within the facility. The relationship
of the width of the windows to the height of the 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 front facade. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
(5) Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and the adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6) Rhythm of entrance and/or porch projections. The relationship
of the entrance or entrances and the 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.
(8) Roof shapes. The roof shapes of a building shall be
visually compatible with the 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 openings,
porches and balconies shall be visually compatible with the buildings
and places to which it is visually related.
(11)
Directional expression of front facade. 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.
Any person who shall undertake any activity
in relation to a landmark or improvement within an historic district
without first having obtained a certificate of appropriateness shall
be deemed to be in violation of this article.
A. Service of notice of violation. Upon learning of the
violation, the Construction 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 Township
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 Township
tax rolls.
B. Issuance of summons and complaint. 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 Official shall cause to be issued a summons and complaint,
returnable in the West Milford Township Court, charging violation
of this article. Each separate day the violation exists shall be deemed
to be a new and separate violation of this article.
C. Penalties. The penalty for violations shall be as
follows:
(1) For each day, up to 10 days, not more than $25 per
day.
(2) For each day, 11 to 25 days, not more than $50 per
day.
(3) For each day beyond 25 days, not more than $75 per
day.
D. Injunctive relief. 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
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.
Recognizing the need for preventive maintenance
to insure the continued useful life of landmarks and structures in
historic districts, the Township Council of the Township of West Milford
hereby declares that code enforcement in relation to landmarks and
structures in historic districts is a high Township priority.
A. Deterioration and service of notice of violation.
In the event that any landmark or improvement in an historic district
deteriorates to the point that, in the best estimate of the Township
Construction 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 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 that, if the owner does not take all necessary remedial
action within 90 days, or such extensions of time as the Construction
Official shall for good cause grant, the Township may at the expiration
of the ninety-day period, enter upon the property in question and
abate the violations itself and cause the cost thereof to become a
lien on the property.
B. Request for hearing by property owner.
(1) Upon receipt of such notice from the Township Construction
Official, the owner may, within 10 days after such a receipt, notify
the Construction Official of his wish to have a hearing as to the
allegations and estimates set forth in the Construction 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.
(2) If the owner does not request a hearing, the procedures set forth in Subsection
A of this section shall pertain. If a hearing is requested, the Construction 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
A of this section.
C. Violation abatement by Township.
(1) Thereafter, if the owner of the property in question
does not comply, the Construction Official may enter onto the premises
and, by use of Township labor or outside contractors, or both, perform
such work as is necessary to abate all violations.
(2) The Construction Official shall then certify to the
Township Council of the Township of West Milford the cost of such
work, plus all administrative, clerical and legal costs and overhead
attributable thereto, and shall present same to the Township Council
of the Township of West Milford.
(3) The Township Council of the Township of West Milford
may, by resolution, vote to cause the sum so certified to become a
lien upon the landmark property in question, payable with the next
quarter's property taxes and, if not paid, bearing interest at the
same rate as delinquent taxes.
It shall be the duty of all Township officials
reviewing all permit applications involving real property or improvements
thereon to determine whether such applications involve 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.
[Added 4-3-1996 by Ord. No. 1996-6]
A. Purpose. One means of implementing historic preservation
is to allow for the adaptive reuse of the building. In an effort to
promote historic preservation, adaptive reuses of the locally designated
building shall be permitted as provided for in this section.
B. Permitted adaptive reuses.
(1) Country stores engaged in general retail sale of goods,
without specialization. The ancillary sale of prepared foods shall
be permitted, with up to 10% of the retail area (square feet) for
counter stools to enable on-site consumption of said food by customers.
(2) Country inns providing rooms for transient guests
and which may include a restaurant open to the public.
(3) Bed-and-breakfasts as an individual use.
C. General requirements.
(1) Parking provisions.
(a)
Stores shall provide parking at the ratio of
one space per 300 square feet of gross floor area.
(b)
Restaurants, including counter service, shall
provide parking at the ratio of one space per four seats.
(c)
Country inns shall provide parking at the ratio
of 1.5 spaces per guest room.
(d)
Bed-and-breakfasts shall provide parking at
the ratio of one space per guest room plus two spaces for the permanent
residents of the bed-and-breakfast.
(e)
When more than one land use occurs on-site, the total number of required parking spaces shall be determined by individually computing the parking requirements for each specific land use, pursuant to Subsection
C(1)(a) through
(d) herein, and adding the resulting numbers.
(2) Parking lots shall be, at a minimum, of quarry process
stone (QPS) or alternate base, suitable to the Township Engineer.
(3) Parking lots shall be located such that they are innocuous
to the surrounding properties, and the location shall, in every case,
be subject to review.
D. Applications made in accordance with this section shall be made pursuant to §
470-4 of the Land Development Ordinance.
E. Nothing in this section shall preclude the use of
the property as it is zoned.