An advisory Historic District Commission is established for
the protection, enhancement and preservation of districts, sites,
buildings and structures of historic, cultural or architectural value
within the City of Bridgeton.
As used in this article, the following terms shall mean and
include:
ADDITION
A new improvement as part of, or added to, an existing improvement
that changes the exterior architectural appearance of any individually
designated historic landmark or any structure within a designated
historic district.
ADMINISTRATIVE APPROVAL
An approval issued by the Administrative Officer in accordance
with the provisions of N.J.S.A. 40:55D-111.
AESTHETIC
The general term for considerations of such specific architectural
and visual values as size, shape, mass, scale, relationship of solids
to voids, rhythm, balance, symmetry, asymmetry, color, texture, design
and decoration, etc.; aesthetic considerations may be appropriate
to individual sites, buildings or structures or to groups of sites,
buildings or structures in relation to one another and to their surrounding
context(s).
AFFECTING A LANDMARK OR HISTORIC DISTRICT
Any development activity which alters the architectural appearance
of an historic landmark or any improvement within an historic district,
including demolition of structures on an historic landmark property.
ALTERATION (HISTORIC)
Work done on any improvement that constitutes a visible change
of the architectural appearance of an improvement and that is not
formally defined as an addition.
ARCHITECTURAL FEATURE
Any element or part of a structure visible from the outside,
including, but not limited to, the style and placement of all windows,
doors, cornices, brackets, porch spindles, railings, shutters, roof;
also the type, color and texture of the building materials, signs
and other decorative and architectural elements; also the architectural
style, overall appearance, design or general arrangement of a structure.
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the Administrative Officer required
prior to undertaking rehabilitation, restoration, renovation, alteration,
repair or demolition within an historic district or on an individually
designated historic structure and its accessory buildings or structures,
pursuant to this article of the municipal ordinances.
CULTURAL LANDSCAPE
A geographically definable area such as a park, which combines
natural and constructed features of the environment, in which the
natural features may predominate, but where the agency of human culture
or development has been a force in shaping the visible natural features.
A cultural landscape may in whole or part be designated as an historic
district wherever such natural and cultural and historic features
combined are significant to a period or event or series of events
in the history, prehistory, or culture of a city, county, state, or
nation.
CULTURAL SIGNIFICANCE
Denotes an importance or value ascribed to a particular site,
building, structure, landmark or place by a community or part of a
community (e.g., a particular ethnic community) beyond what may be
typically or readily defined as historical or architectural; or it
may be a value that is not or is not yet affirmed by expertise in
those fields but is reflected in oral or community tradition. Cultural
significance may also be ascribed to sites, structures, buildings,
landmarks, or places for the synergistic effect of their combined
historical, social and/or architectural associations.
DEMOLITION
Partial or total razing or destruction of any historic landmark
or of any improvement within an historic district, or of any structure
on an historic landmark property.
DISREPAIR
The condition of being in need of repairs; a structure or
building in poor condition.
HISTORIC DISTRICT
A.
An area of the City of Bridgeton to which the criteria in Subsection
A(1), (2) and (3) all apply, or to which the criterion in Subsection
A(4) alone applies:
(1)
Has a special character or special historic, cultural, or aesthetic
interest or value.
(2)
Represents a distinct cultural feature or combination of features
or cultural landscape related to history, or exhibits one or more
periods or styles in architecture or development in the history of
the City, county, state or nation.
(3)
By reason of such features to constitute a distinct section
of the City.
(4)
Has been designated as an historic district pursuant to the
provisions of this article and of prior statutory provisions governing
the designation and protection of historic landmarks.
B.
Resources within an historic district shall be classified as
Key, Contributing or Noncontributing, and to the extent possible shall
be so classified in the resource documentation, and are defined as
follows:
(1)
KEYAny buildings, structures, sites or objects which would individually qualify for inclusion on the National Register of Historic Places.
(2)
CONTRIBUTINGAny buildings, structures, sites, objects or landscape features which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, method, or cultural feature for which the district is significant.
(3)
NONCONTRIBUTINGBuildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method or a cultural feature for which the district is significant.
HISTORIC DISTRICT COMMISSION
The body which, for the purposes of this chapter, acts as
the Historic Preservation Commission as cited in the MLUL., and as
set forth in Bridgeton City Ordinance Nos. 83-21 and 89-11.
HISTORIC DISTRICT MAP
A map of the City depicting the appropriate tax blocks and
lots contained within the Historic District, and which shall be marked
to identify the location of designated historic landmarks, historic
landmark sites and historic districts.
HISTORIC LANDMARK
Any improvement which has been designated as an historical
landmark pursuant to the provisions of this article. Such designation
means that, in part or whole, such landmark improvement has a special
character or special historic or aesthetic interest or significance
as part of the development, heritage or cultural characteristics of
the City, county, state or nation.
HISTORIC LANDMARK SITE
Any parcel or part thereof on which an historic landmark
is situated or which itself constitutes a landmark; the historic landmark
site pursuant to the provisions of this article. This shall also include
all primary and accessory structures or buildings located on the subject
property.
IMPROVEMENT
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction of installation for a period of not less than 120 continuous
days.
INVENTORY
A list of historic properties determined to meet the criteria
of significance as specified herein. Additionally, it shall include
all of the buildings, structures, sites, streetscapes and districts
identified in the Bridgeton City Historic Sites Survey, prepared for
the City of Bridgeton by Hugh J. McCauley Associates in July and August
1979. This shall also include any cultural resource inventory prepared
subsequently which shall have used criteria for such an inventory
determined professionally appropriate and acceptable at the time of
the work.
MAJOR APPLICATION
Any application for a certificate of appropriateness which:
A.
Involves demolition or removal of a designated building or structure,
addition to a designated building or structure or construction of
a new structure in an historic district; or
B.
Otherwise falls within the criteria for major applications set
forth in § 370-31A(3)(b)[1].
MINOR APPLICATION
Any application for a certificate of appropriateness which:
A.
Does not involve demolition or removal of a landmark or building
within the district, addition to a building or construction of a new
structure in an historic district; or
B.
Meets the criteria for a minor application, set forth in § 370-31A(3)(b)[2].
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
NATIONAL REGISTER OF HISTORIC PLACES
The official list, maintained by the United States Department
of the Interior, National Park Service, of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archeology, engineering and culture.
NOTICE PERIOD
The period of time, during an application involving demolition,
in which an official notice must be given in the manner and form prescribed
in this article.
OBJECT
A thing of functional, aesthetic, cultural, historic, or
scientific value that may be, by nature of design, movable yet related
to a specific setting or environment.
ORDINARY MAINTENANCE AND REPAIR WORK
The repair of any deterioration, wear or damage to a structure
or any part thereof in order to-return the same to its condition prior
to the occurrence of such deterioration, wear, or damage with in-kind
material and quality of workmanship, and in accordance with the requirements
of the New Jersey Uniform Construction Code.
PRACTICAL
In reviewing an application for a certificate of appropriateness,
consideration must be given by the Historic Preservation Commission
of what effect applying the criteria of the municipal historic preservation
ordinance, or the Secretary of Interior's Standards, regarding the
preservation, rehabilitation, restoration or reconstruction of an
historic resource will have and how it will impact the applicant's
ability to use the property. Demonstration that meeting these criteria
is not practical must include sufficient evidence or provide sufficient
reasons explaining this negative impact. The Historic Preservation
Commission cannot take financial hardship into account as a reason.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of a property. Work, including
preliminary measures to protect and stabilize the property, generally
focuses upon the ongoing maintenance and repair of historic materials
and features rather than extensive replacement and new construction.
New exterior additions are not within the scope of this particular
activity; however, the limited and sensitive upgrading of mechanical,
electrical, and plumbing systems, and other code-required work to
make properties functional is appropriate within a preservation activity.
RECONSTRUCTION
A.
Any project where the extent and nature of the work is such
that the work area cannot be occupied while the work is in progress
and where a new certificate of occupancy is required before the work
area can be reoccupied. Reconstruction may include repair, renovation,
alteration or any combination thereof. Reconstruction shall not include
projects which comprise only floor finish replacement, painting or
wallpapering, or the replacement of equipment or finishings. Asbestos
hazard abatement and lead hazard abatement projects shall not be classified
as reconstruction solely because occupancy of the work area is not
permitted.
B.
As specifically applied to historic sites and structures, reconstruction
shall also mean the act or process of depicting or reconstructing
by means of new construction the form, features and detailing of a
nonsurviving site, landscape, building, structure or object, or a
site that has otherwise lost its historic integrity, for the purpose
of replicating its appearance at a specific period of time and/or
in its historic location.
REHABILITATION
In general, the repair, renovation, alteration or reconstruction
of any building or structure in accordance with the New Jersey Uniform
Construction Code. As applied to historic structures, rehabilitation
work preserves or restores, or takes into account those proportions
or features which convey its historical, cultural or architectural
values of a structure or on which its integrity as an historic structure
relies.
REMOVAL
To partially or completely cause a structure or portion of
a structure to change to another location, position, station or residence.
REPAIR
For the purposes of this chapter, any work done on an historic
structure or improvement which cannot be defined as an addition to
the improvement, and which does not, by virtue of changing its exterior
historic architectural appearance, constitute an alteration.
REPLACEMENT
The act or process of replicating any historic or architecturally
defining exterior architectural feature with the same materials (or
with materials that satisfactorily simulate the appearance of the
original) in order to substitute for a feature that has been deteriorated
or extensively damaged.
REPLACEMENT IN KIND
The act or process of replicating any historic exterior architectural
feature to substitute for the existing and deteriorated or extensively
damaged architectural feature with the same materials as the original
feature.
RESTORATION
The act or process of accurately depicting the form, features,
and character of an historic property as it appeared at a particular
period of time by means of the removal of features inappropriate to
that period and the reconstruction of missing but appropriate features.
The limited and sensitive upgrading of mechanical, electrical and
plumbing systems and other code-required work to make properties functional
is appropriate within the scope of restoration activities.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the United States Department of
the Interior, National Park Service, entitled: "The Secretary of the
Interior's Standards for the Treatment of Historic Properties as the
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings," issued in 1995 and revised from time to time.
SITE
Any place where a significant event or pattern of events
occurred. A site may also be the location of a ruined building, structure,
or object if the location itself, and/or the objects found therein,
possess historic, cultural, or archaeological significance. Both primary
and accessory buildings and structures may be included as or within
sites. Besides including structures and improvements, a site may be
the location of prehistoric or historic occupations or activities
that may be marked by physical remains; or a site may be a place designated
as the symbolic focus of a significant event or pattern of events.
STREETSCAPE
The overall visual character of the street, including, but
not limited to, the architecture and architectural character, building
rhythms, setbacks and height, fences, and storefronts. The character
of a streetscape is also affected by signs, lighting, parking areas,
materials, sidewalks, curbing and landscaping.
The Commission shall have the following responsibilities, powers
and duties:
A. Within one calendar year of the adoption of this article, the Commission shall prepare and adopt an Historic District Map pursuant to §
370-30 which shall be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the City Council for inclusion as Attachment 1A of this chapter.
B. Pursuant to N.J.S.A.40:55D-110, the approving authority shall refer
an applicant to the Historic Commission to obtain a certificate of
appropriateness. Pursuant to N.J.S.A. 40:55D-111, the Historic Commission
shall submit a report of its finding on the application to the approving
authority. When appropriate, the Historic Commission may designate
a member to attend the approving authority meeting to testify orally
at the hearing on the application and to explain any written report
which has been submitted.
C. To evaluate properties included in the community-wide inventory against
the criteria for the National Register of Historic Places and, for
those not yet included, prepare nominations for the consideration
of the State Historical Preservation Officer. Inventory material shall
be:
(1)
Compatible with the New Jersey Historic Sites Inventory.
(2)
Accessible to the public, except that access to archaeological
site locations shall be restricted.
D. To review proposed nominations for properties or sites to be included
in the New Jersey or National Register according to the following
process:
(1)
Whether the nomination materials are received or initiated by
the Commission, the Commission shall promptly notify the State Historic
Preservation Office and forward a copy of the nomination to the state
agency;
(2)
Within 45 days of receipt or initiation of the nomination, the
Commission shall allow a reasonable opportunity for public comment
on the nomination by publicly announcing when the nomination will
be discussed and conducting the discussion at a public meeting that
complies with the requirements of the New Jersey Open Public Meetings
Act;
(3)
In considering a National Register nomination that is normally
evaluated by a professional in a specific discipline, if that discipline
is not represented on the Commission, the Commission must seek expertise
in this area;
(4)
The Commission shall prepare a report as to whether or not such
property, in its opinion, meets the criteria of the National Register.
Within 60 days of notice from the State Historic Preservation Office
that a nomination is technically complete, the Mayor shall transmit
the report of the Commission with recommendations to the State Historic
Preservation Office.
E. To amend, from time to time, as circumstances warrant, the landmark designation list and Historic District Map in the manner set forth in §
370-30.
F. To report at least annually to the approving authority and City Council
on the state of historic preservation in the City and recommend measures
for improvement. Such a report shall address, at a minimum, any properties
added to either the New Jersey or National Registers of Historic Places;
areas in the community that the Commission determines may be experiencing
development pressures that would impact historic landmarks or historic
districts; buildings or structures that the Commission may be considering
for local designation.
G. To collect and disseminate material on the importance of historic
preservation and preservation techniques and make available such materials
to interested citizens and applicants, and to prepare and distribute
a design guidelines booklet addressing the specific design needs of
individually designated buildings and structures and such buildings
and structures within a designated historic district.
H. To advise upon request all interested citizens, applicants, municipal,
county and state agencies regarding goals and techniques of historic
preservation as it relates to the preservation of the heritage of
the City.
I. To adopt and promulgate such procedures not inconsistent with this
article as are necessary and proper for the effective and efficient
performance of the duties assigned herein. This shall include the
establishment of standing committees, subcommittees or ad-hoc committees.
J. To advise the approving authority, upon request, as to any applications
before them which are not within but which may substantially affect
or impact any historic district or individually designated historic
landmark.
K. To carry out such advisory, educational and informational functions
to promote historic preservation in the City and to consult with such
other agencies or organizations as deemed necessary and appropriate
on all matters pertaining to the protection and preservation of the
City's cultural resources.
L. To undertake a review of all Section 106 (National Historic Preservation
Act of 1966) applications for projects within the City and for those
projects outside of the City but which may have a physical or visual
impact on the cultural resources of the City. The Commission shall
develop, in a timely manner, a report on its findings and submit the
same to the State Historic Preservation Office, and the approving
authority hearing the application for development.
M. To undertake the review of all applications for a certificate of appropriateness in accordance with §
370-31.
N. To not undertake independent enforcement actions outside of the application
review process.
O. To memorialize the decisions and findings made on all matters brought
before the Commission through adopted resolutions.
Any exterior work undertaken on an individually designated historic
landmark or improvement or an historic landmark or improvement within
a designated historic district for which a certificate of appropriateness
is required without first having obtained such a certificate of appropriateness
shall be deemed to be in violation of this chapter and shall be subject
to the fines and penalties as provided by law in the Code of the City
of Bridgeton for violation of local ordinances and subject to the
following:
A. Upon learning of the violation, the Zoning Officer shall personally
serve upon the lot owner where the violation occurred a notice describing
the violation in detail and giving the owner 10 calendar days to abate
the violation by restoring the landmark or improvement to its prior
state. 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 his last
known address as it appears on the municipal tax rolls.
B. In the event that the violation is not abated within 10 calendar
days of service or posting on site, whichever is earlier, the Zoning
Officer shall issue a summons and complaint, returnable in the municipal
court, charging violation of this article. Each separate day that
the violation exists shall be deemed to be a new and separate violation.
C. The penalty for violation shall be as follows:
(1) For each day, up to 10 days: not more than $100 per day.
(2) For each day, 11 to 25 days: not more than $125 per day.
(3) For every day after the 25th day: not more than $150 per day, up
to a maximum of $5,000.
D. In the event that any action which would permanently change adversely
the landmark or historic district, such as demolition or removal,
is about to occur without issuance of a construction permit, the Zoning
Officer 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 historic landmark, historic landmark site or improvement within
an historic district.