[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 12-13-1999 by Ord. No. 39-99.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 75.
Housing standards — See Ch. 113.
Official map — See Ch. 131.
Land development — See Ch. 195.
[1]
Editor's Note: This ordinance also superseded
former Ch. 112, Historic District Preservation, adopted 10-13-1993
by Ord. No. 31-93, as amended 12-27-1993 by Ord. No. 39-93.
The purpose of this chapter is to assist implementation
of the historic preservation element of the Master Plan, to provide
guidance in achieving preservation of historic resources in the designated
Historic District and to advance the following public purposes:
A.
To promote the use of historic districts for the education,
pleasure and welfare of the citizens of the Borough and its visitors
and to promote civic pride in the Borough's historic resources.
B.
To foster private reinvestment in the historic district
and sites and balance the purposes of historic preservation with current
needs.
C.
To encourage preservation of sites of historic, archaeological,
cultural, social and architectural significance.
D.
To encourage the continued use of historic sites and
to facilitate their appropriate reuse.
E.
To maintain and promote an appropriate and harmonious
setting for existing historic resources within the Borough.
F.
To recognize and preserve historic resources in the
Borough as an essential element of municipal character and identity
which contributes to the reputation of Madison as a place of beauty
and architectural value.
G.
To encourage appropriate alterations to historic sites
and new construction which is in keeping with the character of historic
districts and sites.
ADDITION — An extension or increase
in building size, floor area or height.
For purposes of this Historic Preservation Ordinance, the
Borough Engineer shall be the administrative officer.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress or an enlargement,
whether by extending on a side or by increasing in height or the moving
from one location or position to another, or the change in appearance
of the exterior surface of any improvement.
A document issued by the Historic Preservation Commission
confirming their review of any alteration or addition to a site or
a property within the Historic District. Such review is based upon
plans presented for the preservation, restoration, rehabilitation
or alteration of an existing property, or the demolition, addition,
removal, repair or remodeling of any feature on an existing building
within the Historic District or for any new construction within the
Historic District.
"Demolition" is the total razing, dismantling or more than
partial destruction of any historic site or any improvement within
the Historic District.
A site that has been designated per § 112-4 herein.
The guidelines for both the Historic Preservation Commission and applicants for a certificate of historic review shall be the Secretary of the Interior's Standards for Rehabilitation, adopted by reference. Design guidelines developed specifically for the Madison Historic Preservation Commission are set forth herein in § 112-7 and may take precedence over the Secretary of the Interior's Standards where more specifically applicable to the buildings and sites within Madison.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites, as specifically designated herein.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archaeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein. The designation
of an historic site or landmark shall be deemed to include the Tax
Map lot on which it is located as well as the right-of-way contiguous
thereto. When used in this chapter, the word "landmark" may be substituted
for historic site.
Any structure or any part thereof installed upon public or
private property and intended to be kept at the location of such construction
or installation.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
A list of historic properties determined to meet criteria
of designation specified herein.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
Repair of any deterioration, wear or damage to a structure
in order to return the same as nearly as practicable to its condition
prior to the occurrence of such deterioration, wear or damage with
material and workmanship of the same quality. Ordinary maintenance
shall further include replacement of exterior elements or accessory
hardware, including signs, using the same materials and workmanship
and having the same appearance.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure and the existing
form and vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building's materials.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack or to cover or shield the property from
danger or injury.
The act or process of reproducing by new construction the
exact form and detail of a vanished building, structure or object,
or any part thereof, as it appeared at a specific period of time.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such repairs must be done with materials and workmanship
of the same quality.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
The visual character of the street, including but not limited
to the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
A combination of materials to form a construction for occupancy
use or ornamentation, whether installed on, above or below the surface
of a parcel of land. The word "structure" shall also include any building
or improvement with a roof.
A.
Responsibilities. The Historic Preservation Commission
shall have the following duties and responsibilities:
(1)
To identify, record and maintain a system for survey
and inventory of all buildings, sites, places, improvements and structures
of historical or architectural significance based on the Secretary
of the Interior's Standards and Guidelines for Archaeology and Historic
Preservation (Standards and Guidelines for Identification); and to
aid the public in understanding their worth, methods of preservation,
techniques of gathering documentation and related matters.
(2)
To make recommendations to the Planning Board on the
historic preservation plan element of the Master Plan and on the implications
for preservation of historic sites of any other Master Plan elements.
(3)
To advise the Planning Board on the inclusion of historic
sites and landmarks in the recommended capital improvement program.
(4)
To participate in the Technical Coordinating Committee
and advise the Planning Board and Zoning Board of Adjustment pursuant
to NJ.S.A. 40:55D-110.
(5)
To provide written reports pursuant to N.J.S.A. 40:55D-111
on the application of the Zoning Ordinance provisions concerning historic
preservation.
(6)
To carry out such other advisory, educational and
informational functions as will promote historic preservation in the
Borough.
B.
Establishment.
(1)
Members. The Historic Preservation Commission, previously
established by ordinance and appointed by the Mayor, is hereby continued
consistent with N.J.S.A. 40:55D-107 et seq. The Commission shall consist
of seven regular members and two alternate members. Members shall
serve without compensation. At least one member shall be designated
of each of the following classes:
[Amended 6-27-2005 by Ord. No. 30-2005
(a)
Class A. A person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the municipality.
(b)
Class B. A person who is knowledgeable or with
a demonstrated interest in local history and who may reside outside
the municipality.
(c)
Class C. Citizens of the municipality who shall
hold no other municipal office, position or employment except for
membership on the Planning Board or Zoning Board of Adjustment. At
least one Class C member shall be the owner of commercial property
within Madison.
(d)
Alternate members shall meet the qualifications
of Class C members. At the time of appointment, alternate members
shall be designated as "Alternate No. 1" and "Alternate No. 2." Of
the seven regular members, a total of at least one less than a majority
shall be of Classes A and B.
(2)
Terms.
(a)
There shall be no change in the term of office
of those members serving on the Commission at the time this chapter
becomes effective. Thereafter, the term of a regular member shall
be four years; the term of an alternate member shall be two years.
[Amended 12-8-2003 by Ord. No. 54-2003]
(b)
A vacancy occurring otherwise than by expiration
of term shall be filled within 60 days for the unexpired term only.
(3)
Alternates. The alternate members may participate
in discussions of the proceedings but may not vote except in the absence
or disqualification of a regular member. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
(4)
Budget. The governing body shall make provision in
its budget and appropriate funds for the expenses of the Historic
Preservation Commission. The Commission may employ, contract for and
fix the compensation of experts and other staff and services as it
shall deem necessary. The Commission shall obtain its legal counsel
from the municipal attorney at the rate of compensation determined
by the governing body, unless the governing body, by appropriation,
provides for separate legal counsel for the Commission. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for the Commission's
use.
(5)
Rules of Commission.
(a)
The Commission shall elect a Chairman and Vice-Chairman
from its members and select a Secretary who may or may not be a member
of the Commission or a municipal employee.
(b)
The Commission shall adopt written rules for
the transaction of its business and for the consideration of applications
for certificates of historic review and for designations of historic
districts and sites. Such rules shall not be inconsistent with the
provisions of this chapter and shall include but not be limited to
rules pertaining to all notices and hearings required herein.
(c)
In order to make available to the public information
useful to the preservation and protection of historic districts and
sites and to provide the basis for consistency of policy, the administrative
officer, on behalf of the Commission, shall maintain complete files
and records, including but not limited to data used in the classification
of buildings, places and structures, minutes of Commission meetings,
applications for certificates of historic review, along with collateral
data, decisions and appeals associated therewith, and information,
materials and references submitted to the public related to historic
preservation. A record of the proceedings shall be kept and made available,
but a formal verbatim record shall not be required.
(d)
The Commission Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations, decisions and applications.
Copies of all minutes shall be delivered promptly to the Borough Clerk.
(e)
No member of the Commission shall be permitted
to act on any matter in which he or she has, either directly or indirectly,
any personal or financial interest. Mere ownership or residence in
a designated historic district and/or ownership of a designated historic
site or a nondesignated site shall not be deemed a personal or financial
interest unless a member resides or owns property within 200 feet
of property which is the subject of an application.
(f)
The office of any member who shall be absent
from three consecutive meetings of the Commission without just cause
may be deemed vacant, at the discretion of the Mayor, and his or her
membership on the Historic Preservation Commission terminated. If
the Commission determines that a member is absent from any meeting
without just cause, it shall be duly noted in the minutes of that
meeting, and it shall be the duty of the Chairperson to so notify
that member in writing. The mailing of the minutes of a particular
meeting to the Commission members shall constitute written notice
to each member. A member of the Commission may, after a public hearing,
if requested, be removed by the governing body for cause.
(6)
Meetings; quorum.
(a)
The Historic Preservation Commission shall establish
and post in Borough Hall a regular schedule of a minimum of 10 meetings
per year. Additional meetings may be called by the Chairman or Vice
Chairman when the regular meetings are inadequate to meet the needs
of its business, to handle emergencies or to meet time constraints
imposed by law.
(b)
Four members shall constitute a quorum. Ex-officio
members are not entitled to vote. A majority vote of those present
and voting shall prevail and shall be sufficient to grant or deny
a certificate of historic review. Not less than a majority of the
appointed membership shall be required to grant or change a historic
site or district designation.
(c)
The Historic Preservation Commission shall prepare
an annual report which shall be available to the public and placed
on file in the Borough Hall. The report shall detail all activities,
including problem solving, advice and support given and success stories.
A.
Survey. The Commission shall perform a comprehensive
survey of the Borough of Madison to identify historic districts, sites
and improvements which are worthy of protection and preservation.
B.
Criteria for designation. The survey shall be used
as a basis for identifying sites and districts worthy of designation.
The criteria for evaluating and designating historic districts and
sites shall be guided by the National Register Criteria. The Commission
or any interested party may recommend designation of historic sites
or districts 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 characteristics of the Borough, State or nation.
(2)
Association with events that have made a significant
contribution to the broad patterns of our history.
(3)
Association with the lives of persons significant
in our past.
(4)
Embodiment of the distinctive 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 Borough, sate or nation.
(6)
Embodiment of elements of design, detail, material
or craftsmanship that render an improvement architecturally significant
or structurally innovative.
(7)
Unique location or singular physical characteristics
that make a district or site an established or familiar visual feature.
(8)
That have yielded, or may be likely to yield, information
important in prehistory or history.
C.
Procedures for designation.
(1)
Interested parties shall contact the administrative
officer regarding consideration of a proposed historic site or district.
The Commission may also initiate the designation of an historic site
or district. The administrative officer will schedule a hearing before
the Commission to review the proposed historic site or district.
(2)
The formal historic district nomination shall include:
a building-by-building inventory of all properties within the district;
black and white photographs of all properties within the district;
a property map of the district showing boundaries; and a physical
description and statement of significance which address the criteria
for designation set forth herein. The formal historic site nomination
shall include: a black and white photograph, a tax map of the property
and a physical description and statement of significance which address
the criteria for designation set forth herein.
(3)
Upon review and approval of the proposed site or historic
district by the Historic Preservation commission, and after hearing
the comments of the public, if any, the Commission shall forward the
proposed site or district nomination to the Planning Board for consideration.
Notification shall be by public notice in the official paper and by
prominent posting in the Municipal Building at least 30 days prior
to the Planning Board hearing. The interested parties or the Commission
shall submit to the Planning Board a complete list of involved properties.
(4)
Upon review and approval of the proposed site or district
by the Planning Board, the site or district nomination will be sent
to the Borough Council for adoption to amend and supplement the Borough
Zoning Ordinance.
(5)
All other requirements of the Municipal Land Use Law[1] regarding adoption of development regulations shall be
followed and the owner of the proposed site(s) or the owners within
a proposed historic district shall receive notice, at least 10 days
prior to the hearing, by certified mail, return receipt requested,
of the hearing by the Borough Council of the adoption of an ordinance
designating the proposed historic site or district.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Designation of districts. The following historic districts
are delineated and described in the Master Plan and are each hereby
a designated historic district for purposes of this chapter:
[Amended 3-24-2008 by Ord. No. 15-2008]
(1)
Designated districts.
(a)
Madison Civic Commercial Historic District.
The designated historic district is set forth on the Zoning Map of
the Borough of Madison which is incorporated herein by reference.
(b)
The Bottle Hill Historic District. The designated
historic district is set forth on the Zoning Map of the Borough of
Madison which is incorporated herein by reference.
(2)
Additional districts. Any additional designated districts
and sites and/or any changes in the designation of historic districts
and historic sites shall be effectuated by amendment of this chapter
in accordance with procedures provided for under Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq., and the procedures set forth herein.
A.
The Planning Board and Zoning Board of Adjustment
shall refer to the Commission every application for development or
zone change request submitted to either Board for development in historic
districts or on historic sites designated on the Zoning Map. This
referral shall be made when the application for development is filed
with the administrative officer. Failure to refer the application
as required shall not invalidate any hearing or proceeding. The 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.
B.
On all matters referred to the Commission which require
approval by the Planning Board or Zoning Board of Adjustment, the
decision of the Commission shall be a recommendation only.
C.
An approval by the Planning Board or Zoning Board
of Adjustment, as the case may be, does not relieve the applicant
of the requirements to obtain a certificate of historic review for
properties within the Historic District.
A.
When required. A certificate of historic review issued
by the Commission shall be required before a permit is issued or before
work can commence for any of the following activities within the historic
district:
(1)
The demolition of any building, improvement, site,
place or structure. When considering applications involving demolition
as defined herein, the Commission's report shall contain advice and
recommendations for the applicant in regard to the appropriateness
of the proposed action, and the report may contain mandatory conditions.
The administrative officer shall include the advice and recommendations
of the Commission in the permit.
(2)
Addition to or new construction of a principal or
accessory building or structure. When considering applications involving
new construction as defined herein, the Commission's report shall
contain advice and recommendations for the applicant in regard to
the appropriateness of the proposed action, and the report may contain
mandatory conditions. The administrative officer shall include the
advice and recommendations of the Commission in the permit.
(3)
Change in the exterior appearance of any building,
improvement, site, place or structure by addition, reconstruction,
alteration or maintenance. Exterior change for all primary and accessory
buildings shall include special consideration of character defining
features visible from the public right-of-way. When considering applications
involving change in exterior appearance, the Commission's report shall
contain advice and recommendations for the applicant in regard to
the appropriateness of the proposed action, but the report shall not
contain any mandatory conditions. The administrative officer shall
include the advice and recommendations of the Commission in the permit
but the applicant is not required to comply with the recommendations.
B.
When not required. A certificate of historic review
shall not be required before a permit is issued by the Construction
Code Official for changes only to the interior of a structure.
C.
Procedures.
(1)
All applicants shall complete an application form.
Application forms shall be made available in the office of the administrative
officer/Borough Engineer. Completed applications shall be filed with
the administrative officer/ Borough Engineer.
(2)
Each application shall be accompanied by sketches,
drawings, photographs, descriptions and other information to show
the proposed alterations, additions, changes or new construction.
The Commission may require additional materials as it reasonably requires
to make an informed decision.
(3)
The Commission shall reach a decision on an application
and submit its report to the administrative officer within 45 days
of referral of same by the administrative officer. Nothing herein
shall prohibit an extension of time by mutual agreement of the applicant
and the Commission.
(4)
Informational meetings. Persons considering action
that requires a certificate of historic review, as set forth in this
section, are encouraged to request an informal informational meeting
with the Commission and/or its Chairman. Requests for such informational
meetings can be made to the administrative officer, who will contact
the Chairman of the Commission. The Commission shall hold such informational
meetings within 15 days of receipt of such request. The purpose of
an informational meeting is to review with the applicant the standards
of appropriateness and the procedures for obtaining a certificate
of historic review.
(5)
Application review.
(a)
In addition to complying with the requirements
of the Open Public Meetings Act,[1] and except in the event of an emergency, at least 15 days
prior to such meeting notice shall be given to the applicant of the
time, date, place and specific subject of the meeting.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(b)
A certificate of historic review shall be valid
for a period of two years from date of issue unless reasonable extensions
are requested by the applicant or the Commission.
(c)
The owner shall post the certificate of historic
review on a conspicuous spot on the site visible to the public during
the entire process of work.
(d)
An applicant is encouraged to attend the Historic
Preservation Commission meeting when the project is to be reviewed.
However, the applicant shall not be required to appear or to be represented
at the meeting to consider the application for a certificate of historic
review and the Commission may take action in the absence of the applicant.
(e)
When an application is approved, the Commission
shall forthwith issue a certificate of historic review which shall
be forwarded to the applicant. Failure to report within a forty-five-day
period shall be deemed to constitute a default approval in favor of
the proposed work.
(6)
Emergency procedures.
(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 construction codes without first
obtaining a certificate of historic review. Under such circumstances,
the repairs performed shall be only such as are necessary to protect
the health and safety of the occupants of the structure or others
and/or to maintain the habitability of the structure.
(b)
A request for the Commission's review shall
be made 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. Upon notice to the
full Commission by telephone, personal contact or other appropriate
means of communication, at least three members of the Commission shall
convene as soon as possible and such convening members shall proceed
to review the certificate of historic review application as provided
in this chapter. Subsequent to such review, a certificate of historicc
review may be issued upon a majority vote of the members convened.
(7)
Procedure for granting certification of appropriate
municipal actions.
(a)
It is recognized that the intent and purposes
of this chapter would not be fully served if the municipality were
to control the actions of others but fail to apply similar constraints
to itself. Accordingly, a certificate of historic review shall be
required before final approval of any municipal actions on public
as well as private lands, streets, easements and rights-of-way within
the Historic District or listed in the Historic Sites Inventory of
the Master Plan. This requirement shall be deemed to include any action
by any party which requires the approval or concurrence of the municipality
or any municipal agency and which is not otherwise covered by the
provisions of this chapter.
(b)
In those circumstances where the municipality
cannot require compliance, as in certain cases involving the county,
state and federal governments, the Borough urges, most strongly, the
voluntary cooperation of such agencies in seeking a certificate of
historic review and hereby authorizes the Commission to consider such
requests and applications. This does not relieve the property owner
from complying with applicable state and federal regulations regarding
historic preservation.
The purpose of this section is to provide uniform
standards, design guidelines and criteria for the regulations of the
Historic District for use by the Historic Preservation Commission.
All projects requiring a certificate of historic review and all applications
for development in the Historic District shall be guided by the principles
of the Secretary of the Interior's Standards for Rehabilitation of
Historic Buildings.
A.
Secretary of Interior's Standards. In carrying out
all of its duties and responsibilities, the Commission shall be guided
by the Secretary of the Interior's Standards for Rehabilitation of
Historic Buildings which are as follows:
(1)
Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal alteration of
the building, structure 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 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
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, a structure or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced wherever possible. In the event that replacement
is necessary, the new material should match the material being replaced
in composition, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features shall be substantiated
by historic, physical or pictorial evidence rather than on conjectural
design or the availability of different architectural elements from
other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall not
be undertaken.
(8)
Every reasonable effort shall be made to protect and
preserve archeological resources affected by or adjacent to any project.
(9)
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 and such design is compatible with the size,
scale, color, material and character of the property, neighborhood
or environment.
(10)
Wherever 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.
B.
Visual compatibility factors. In assessing the design
of any proposed additions or new construction, the following visual
compatibility factors shall be considered in conjunction with the
Secretary of Interior's Standards set forth above by the Historic
Preservation Commission.
(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 in front facades. 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 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 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.
(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 and 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, its mass
in relation to open spaces and its 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 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.
(12)
Exterior features. A building's related exterior features,
such as lighting, fences, signs, sidewalks, driveways and parking
areas, shall be compatible with the features of those buildings and
places to which it is visually related and shall be appropriate for
the historic period for which the building is significant.
C.
Madison design guidelines for the Civic Commercial
District; intent.
(1)
In assessing change in the exterior appearance of
any building, improvement, site, place or structure by addition, reconstruction,
alteration or maintenance, the Commission’s deliberations may
be guided by the voluntary compliance Madison Historic Preservation
Guidelines dated December 2021 prepared by Clarke Caton Hintz for
the Civic Commercial District, which are adopted as an appendix to
this chapter[1] and which are incorporated by reference, and may be considered
in conjunction with the Secretary of Interior’s Standards set
forth above by the Historic Preservation Commission.
[Amended 2-28-2022 by Ord. No. 6-2022]
[1]
Editor's Note: Said guidelines are included as an attachment to this chapter through the Borough's online version of the Code (eCode 360©).
(2)
It is not the intent of this chapter to discourage
contemporary architectural expression or to encourage new construction
which emulates existing buildings of historic or architectural style
but rather to preserve the integrity and authenticity of the historic
preservation districts and to ensure the compatibility of new structures
therein.
A.
As set forth in § 112-6A(1) hereinabove, a certificate of historic review and compliance is required for the demolition of any building, improvement, site, place or structure.
B.
Criteria. In regard to an application to demolish
or move an historic building, site, place or structure, the following
matters shall be considered:
(1)
Its historic, architectural, cultural and aesthetic significance in relation to the criteria of § 112-4B.
(2)
Its current and potential use for those purposes currently
permitted by the Zoning Ordinance or for the use proposed.
(3)
Its importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would increase property
values, promote business, create positions, attract tourists, students,
writers, historian, artists and artisans, attract new residents, encourage
study and interest in American history, stimulate interest and study
in architecture, educate citizens in American culture and heritage
or make the municipality a more attractive and desirable place to
live.
(6)
The probable impact of its removal upon the ambiance
of the historic district.
(7)
The structural soundness and integrity of the building
and the economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the applicable building codes.
(8)
The compelling reasons for not retaining the structure
or improvement at its present site, the proximity of the proposed
new location and its accessibility to residents of the municipality
and the probability of significant damage to the structure or improvement
as a result of the relocation.
(9)
The compatibility, nature and character of the current
and the proposed surrounding areas as they relate to the intent and
purposes of this chapter and whether the proposed new location is
visually compatible in accordance with the standards set forth herein.
(10)
A discussion with the applicant regarding applicant's
consent to the removal and reuse of certain important features of
the historic building or structure.
C.
Procedure.
(1)
Applications for a demolition permit must be made
to the Building Construction Official. For all properties within the
Historic District, a copy of the application will be forwarded to
the Historic Preservation Commission within 15 days of receipt of
the complete demolition application by the Building Code Official.
(2)
When considering applications for demolition permits,
the Commission's report may contain mandatory conditions, in which
event the administrative officer shall include the conditions contained
in the certificate of historic review in any permit which is issued.
(3)
Applications for demolition shall include current
and archival photographs of the interior and exterior of the building
and drawings to document the condition of the building.
(4)
The Commission's review of a demolition application
may take up to 45 days from receipt of completed application, just
as in the case of a development application.
(5)
Demolition notice posting and publication. Notice
of proposed demolition shall be posted on the premises of the building,
place or structure in a location that is clearly readable from the
street. In addition, the applicant shall publish a notice in the official
newspaper of the Borough within 10 days of an application for a demolition
permit.
(6)
Review of application.
(a)
The Historic Preservation Commission will review
the application for demolition based on the criteria outlined above.
Its report may:
[1]
Approve demolition without conditions.
[2]
Stipulate conditions, including but not limited
to documentation of the building prior to demolition and/or confirmation
of applicant's consent to the removal and reuse of certain important
features of the historic building or structure.
[3]
In the event that the Commission disapproves
an application to demolish an historic building, place or structure,
the owner shall, nevertheless, as a matter of right, be entitled to
raze or demolish such building, place or structure, provided that
all of the other demolition requirements of the Borough have been
fully met.
(7)
All new construction on the site of a building demolished
within the Historic District is subject to mandatory review by the
Historic Preservation Commission. The new construction shall be in
the character of the Madison Civic Commercial Historic District, and
all comments of the Commission in these circumstances are binding
upon the applicant. The certificate of historic review will be issued
only when the Historic Preservation Commission is satisfied that the
facades of the replacement structure meets all the criteria of the
Design Guidelines deemed applicable and fits appropriately within
the Historic District.
(8)
When a certificate of historic review has been issued,
the administrative officer or his appointee shall, from time to time,
inspect the work approved by such certificate and shall regularly
report to the Commission the results of such inspections, listing
all work inspected and reporting any work not in accordance with such
certificate.
It shall be the duty of all municipal officials
reviewing all permit applications involving real property or improvements
thereon to determine whether such application involves any activity
which should also be the subject of an application for a certificate
of historic review. If it should, the officer shall inform both the
administrative officer and the applicant, as well as the Historic
Preservation Commission.
A.
Violations.
(1)
If any person shall undertake any activity regarding
an historic site or improvement within an historic district without
first having obtained and posted a certificate of historic review,
such person shall be deemed to be in violation of this chapter.
(2)
Upon learning of the violation, the Zoning Officer
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 seeking review of the
extent and proposed work by the Historic Preservation Commission.
(3)
If the owner cannot be personally served within the
municipality with said notice, a copy shall be posted on site and
a copy sent by certified mail, return receipt requested, to the owner
at the last known address as it appears on the municipal tax rolls.
B.
Penalties. If any person shall undertake demolition or removal or new construction affecting an historic site or improvement within an historic district without first having obtained a certificate of historic review or without subsequent review by the Commission following discovery of the omission, he may be required to restore same to the previous condition. In addition, there shall be imposed upon such person the fines and penalties set forth in § 195-15C of the Zoning Ordinance of the Borough of Madison. There shall be no fines or penalties imposed upon failure to obtain a certificate of historic review for change in the exterior appearance of any building improvement, site, place or structure by addition, reconstruction, alteration or maintenance, for which action mandatory conditions are not imposed in relation to § 112-6A(3).
C.
Injunctive Relief. In the event that any action which
would permanently and adversely change an historic site or historic
district, such as demolition or removal, is about to occur without
a certificate of historic review having been issued, the Zoning Officer
may apply to the Superior Court of New Jersey for such injunctive
relief as is necessary to prevent the destruction of such site or
landmark.
Appeals to the Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-70.2 and N.J.S.A. 40:55D-72 may be taken by any
interested party affected by any order, requirement, decision or refusal
of the administrative officer pursuant to a report submitted by the
Historic Preservation Commission or Planning Board, including a denial
of a certificate of historic review, in accordance with N.J.S.A. 40:55D-111.
Such appeal shall be taken within 20 days by filing a notice of appeal
with the officer from whom the appeal is taken specifying the grounds
of such appeal. The officer from whom the appeal is taken shall immediately
transmit to the Zoning Board of Adjustment all the papers constituting
the record upon which the action appealed from was taken.
The requirements of this chapter shall be considered
to be in addition to and in no case shall they be interpreted as a
substitute for any other approval, permit or other action as otherwise
provided for.
Notice shall be made to all historic district
property owners 30 days prior to any change(s), addition(s), deletion(s)
or revocation(s) affecting the purposes and conditions set forth herein.
Notice shall be made by copy sent by certified mail, return receipt
requested, to the owner at the last known address as it appears on
the municipal tax rolls.
This chapter shall be liberally construed to
affect the purposes set forth herein. In the event that this Ordinance
conflicts with state law, state law shall take precedence.
This Ordinance shall take effect upon publication after final passage and approval, as provided by law, and shall supersede, in its entierty, Ordinance No. 31-93 codified as Chapter 112 of the Madison Borough Code.
