[Added 8-31-1992 by Ord. No. 14-1992]
As used in this article, the following terms
shall have the meanings indicated:
The construction of new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any building.
Any work done or any improvement which:
The written approval issued by the Historic Preservation
Committee when so required prior to any work or activity commencing
on any property set forth as within the boundaries of the Historic
District or historic landmarks not located within the district. The
certificate of appropriateness shall constitute a written report as
set forth in N.J.S.A. 40:55D-111.
Destruction, razing, partial destruction, incremental destruction,
willful neglect through careless and/or indifferent failure to maintain
a structure, or willful refusal to repair based on financial ability
or inability which results in the substantial deterioration of the
exterior features or the integrity of a structure. Demolition also
includes any action or process that dismantles or disassembles all
or part of a structure irrespective of the intent to rehabilitate
or repair the structure in the future.
[Amended 8-21-2017 by Ord. No. 25-2017]
A definable group of Tax Map lots, the improvements on which,
when viewed collectively:
Represent a significant period(s) in the architectural
and social history of the municipality; and
Because of their unique character can readily
be viewed as a separate area or neighborhood distinct from surrounding
portions of the Township; or
Have a unique character resulting from their
architectural style.
Any real property such as a building, structure, ruins, foundation,
landscape, route, trail, place or object, including, but not limited
to, a cemetery, burial ground, or a natural object(s) or configuration,
geological formation or feature which:
Contributes to the historic district or is of
particular historic, cultural, scenic, or architectural significance
to the Township of Harrison and in which the broad cultural, political,
economic or social history of the nation, state or community is reflected
or exemplified; or
Is identified with historic personages or with
the important events of national, state, or local history; or
Shows evidence of habitation, activity, or the
culture of prehistoric man; or
Embodies a distinguishing characteristic or
an architectural type valued as representative of a period, style
or method of construction; or
Represents work of a builder, designer, artist
or architect whose individual style significantly influenced the architectural
history of the Township.
The review board established pursuant to N.J.S.A. 40:55D-107
and this article.
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
or such construction or installation for a period of not less than
60 continuous days. These improvements include, but are not limited
to, cornices, brackets, porch spindles, railings, shutters, doors,
exterior wall treatments, other decorative architectural features
and signs.
Any application for a certificate of appropriateness which;
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 a historic district; or
Meets the criteria set forth in § 225-34A(2) hereof.
Any application for a certificate of appropriateness which:
Involves demolition or removal of a building,
addition to a building, or construction of a new structure in a historic
district; or
Otherwise falls within the criteria set forth in § 225-34A(1) hereof.
Any work done or any improvement which:
Repairs when a building permit is required for same.
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.
A.
Creation. There is hereby created in and for the Township
of Harrison a commission to be known as the "Historic Preservation
Commission of the Township of Harrison."
B.
Membership.
(1)
The Commission shall consist of seven members, in
three classes, plus two alternates. The classes of members, as well
as the composition of the entire Commission, shall be as set forth
in N.J.S.A. 40:55D-107.
(2)
Alternate members may participate in all Historic
Preservation Commission 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, an alternate
member is to vote, Alternate No. 1 voting first.
C.
Terms. Members shall be appointed by the Township
Mayor and serve for four-year terms, except that of the first members
appointed, the terms shall be determined as set forth in N.J.S.A.
55D-107(c). All members may, at the expiration of their terms, be
eligible to appointment for four-year terms. Also, members may be
reappointed for additional terms upon expiration of their terms. Vacancies
shall be filled in the same manner in which the previous incumbent
was appointed, and such vacancy appointment shall be only for the
balance of such incumbent's unexpired term. Alternates shall be appointed
for two-year terms and be designated as Alternate No. 1 and No. 2
at the time of their appointment. Notwithstanding any other provision
herein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall be for the term of membership
on the Planning Board; the term of any member common to the Historic
Preservation Commission and the Combined Planning Board shall be for
the term of membership on the Combined Planning Board.
[Amended 3-5-2012 by Ord. No. 16-2012]
D.
Officers. The Historic Preservation Commission shall
elect a Chairman and Vice Chairman from its membership and select
a Recording Secretary who may be a member of the Historic Preservation
Commission, a municipal employee or other resident of the Township.
The Secretary shall keep minutes and records of all meetings and proceedings,
including voting records, attendance records, resolutions, findings,
determinations and decisions. All such material shall be public record.
E.
Miscellaneous provisions. 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 Commission's members including the Chairman, or in
his or her absence, the Vice Chairman, but not less than a majority
of the full authorized membership may grant a certificate of appropriateness.
(2)
All meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-6 et seq.).
(3)
The Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in the performance of
official business, within the limit of funds appropriated, by the
Township Committee.
(4)
The Township Committee shall make provisions in its
budget and designate funds for the expenses of the Historic Preservation
Commission.
(5)
Within the limits of funds appropriated for the performance
of its works, grants and gifts, the Historic Preservation Commission
may obtain the services of qualified persons to direct and assist
the Historic Preservation Commission and may obtain the equipment,
supplies and other material necessary to its effective operation.
(6)
The Historic Preservation Commission is empowered
to seek advisory opinions and technical assistance from all Township
employees on any matter within the Commission's jurisdiction.
F.
Powers and duties. The Historic Preservation Commission
shall:
(1)
Publish the Harrison Township Historic District Map
in the Township's official publication.
(4)
Report at least annually to the Planning Board and
the Township governing body on the state of historic preservation
in the Township and recommend measures to improve same.
(5)
Collect and disseminate material on the importance
of historic preservation and techniques of historic preservation.
(6)
Advise all Township agencies regarding goals and techniques
of historic preservation.
(7)
Adopt such rules and procedures, not inconsistent
with this article, for the transaction of its business, copies of
which shall be made available to the public for a reasonable fee.
(8)
Provide written reports on how this Chapter 225, Zoning, applies to historic preservation. Application for permits concerning historic sites or properties in the Historic Districts shall all be referred to the Historic Preservation Commission for a written report concerning how Chapter 225, Zoning, applies to the proposed changes. The Historic Preservation Commission shall promptly submit this report to the administrative officer within 45 days from the time it receives the application. Recommendations to deny a permit or to place conditions on the permit shall be based upon proposed structural changes as subject to review by this article. If the Historic Preservation Commission recommends against the issuance of a permit or places conditions on a permit, the administrative officer shall deny the permit or include the conditions on the permit. Failure to report within the forty-five-day period constitutes a report in favor of issuance of the permit without conditions.
(9)
The Combined Planning Board shall make available to
the Historic Preservation Commission an informational copy of every
application submitted to either board for development in the Historic
District or on historic sites not in the Historic District so designated
on the Zoning Map or Official Map, or in the Historic Element of the
Master Plan. Failure to make the informational copy available 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.
[Amended 3-5-2012 by Ord. No. 16-2012]
G.
Interpretive statement.
(1)
In adopting this article, it is the intention of the
Township Committee to create an agency which can administer a system
of preservation regulations based on a rational plan and objective
code legislation. The controls herein established, while compatible
with N.J.S.A. 40:55D-28(b)(6) and Section 516 of the BOCA Code, should
be viewed as having an independent basis under N.J.S.A. 40:48-2 and
N.J.S.A. 40:55D-28(b)(10).
(2)
Nothing contained herein shall supersede the powers
of other local legislative or regulatory bodies or relieve any property
owner of complying with the requirements of any other state statues
or Township ordinances or regulations.
(3)
In the event of any inconsistency, ambiguity or overlapping
of requirements between this article and any other requirements enforced
by the Township, the more restrictive shall apply, to the effect that
state or federal legislation has not preempted the Township's power
to enforce more stringent standards.
(4)
This article should not be viewed 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 in or near
a building should not necessarily duplicate the style of the building;
it should simply be compatible with and not detract from the building.
A.
There are established in the Township of Harrison
the following Historic Districts and landmarks:
(1)
The Mullica Hill Historic District, defined for the
purpose of this article as follows: The boundary lines of the Mullica
Hill Historic District, as generally defined by the several streets,
shall be the existing rear boundary lot line, as of the date of this
article of the lots bordering on the outside lines of the streets
named as boundaries. Both sides of the street are included unless
otherwise designated. These boundaries correspond with those defined
as the Mullica Hill Historic District, the New Jersey and National
Registers of Historic Places.
(a)
Main Street from the Swedesboro Road on the
north to the intersection of Bridgeton Pike and Commissioners' Road
on the south.
(b)
East Avenue from North Main Street to 16 East
Avenue on the north and 13 East Avenue on the south.
(c)
Union Street from North Main Street to its terminus.
(d)
Glassboro Road from South Main Street to Mill
Street and to Richwood-Mullica Hill Road.
(e)
East Church Street from South Main Street to
12 East Church Street on the north and 15 East Church Street on the
south.
(f)
High Street from South Main Street to 14 High
Street on the north and 7 High Street on the south.
(g)
Mullica Hill-Woodstown Road from South Main
Street to 24-26 Woodstown Road on the north and 15 Woodstown Road
on the south.
(h)
New Street from South Main Street to 10 New
Street on the north only.
B.
If the Historic Preservation Commission desires to create any additional Historic District or to include any additional land area to the initial districts or landmarks, the Historic Preservation Commission shall do so by notifying each owner that his property has been tentatively designated as part of a Historic District or a historic landmark, and the reasons therefor, by certified mail, and advise each owner of the significance and consequences of such tentative designation, and advise him of his opportunities and rights to challenge or contest such designation, and shall comply with the requirements set forth hereafter in Subsections C through G.
C.
The Historic Preservation Commission shall make public
a complete list and map of the tentatively designated Historic Districts
and landmarks specifying the location, boundaries and proper names
thereof, and in each case, the reason for such designation. In designating
any landmark or Historic District, the Historic Preservation Commission
may exempt any improvement or any portion of any Tax Map lot, the
demolition or alteration or improving of which would not affect the
landmark or district as to the purposes and criteria set forth in
this article. Such exemption shall only be for good cause shown and
upon affirmative vote of 2/3 of the full authorized membership of
the Historic District Commission. The tentative list and map shall
thereafter be submitted at a public hearing for the examination and
criticism of the public. Interested persons shall be asked to present
their opinion, suggestions and objections, and the map showing all
proposed Historic Districts and historic landmarks shall be published,
together with notice of the hearing of same, in the official newspaper
not less than 10 days before such hearing is to be held.
D.
After full consideration of the evidence brought forth
at the special hearing, the Historic Preservation Commission shall
make its final decision on the designations and shall issue its final
report to the public stating reasons in support of its actions with
respect to each landmark and Historic District designation.
E.
The list shall be submitted thereafter to the Township Clerk. The Township Committee shall then consider whether to adopt the designation list and map by ordinance and may refer the proposed designations to the Combined Planning Board. Once adopted, the designation list and map may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall also be incorporated, by reference, into the official Zoning Ordinance (Chapter 225).
[Amended 3-5-2012 by Ord. No. 16-2012]
F.
Copies of the designation list and official map as
adopted shall be made public and distributed to all Township agencies
reviewing development applications and all building and housing permits.
G.
Each designated Historic District or building may
be marked by an appropriate plaque in such form as the Historic Preservation
Commission shall promulgate by regulation.
A.
Actions requiring a certificate of appropriateness.
A certificate of appropriateness issued by the Historic Preservation
Commission shall be required before a permit is issued for any of
the following, or, in the event no other type of permit is otherwise
required, before work can commence on any of the following activities
involving any site or landmark, or within any Historic District:
(1)
Demolition of a historic site or landmark, or of any
improvement within any Historic District.
(2)
Relocation of any historic site or landmark, or of
any improvement within any Historic District.
(3)
Change in the exterior appearance as visible from
the street of any existing historic site or landmark, or of any improvement
within any Historic District by addition, alteration or replacement.
(4)
Any new construction of a principal or accessory structure
on any historic site, or in any Historic District.
(5)
Changes in, or addition of, new signs or exterior
lighting, except that no certificate of appropriateness shall be required
for an unlit sign per premises if the surface area of such sign does
not exceed two square feet.
B.
Exception.
(1)
A certificate of appropriateness shall not be required
for any repainting, repair, or exact replacement of any existing improvement.
In the event that the repair or replacement does not conform to said
regulations, a certificate of appropriateness shall be required. In
terms of an exact replacements of finishes, materials, or architectural
elements, it is understood that the Historic Preservation Commission
would prefer an applicant to maintain, stabilize, and repair, the
original or existing finishes, materials or architectural elements
before considering the replacement of same. However, the original
or existing finishes, materials or architectural elements should be
designed and installed to replicate the material, size, contour, configuration,
and design of that which is being replaced.
(2)
Emergency repairs to protect health, safety and welfare
are permitted without first applying for a certificate of appropriateness.
Application for a certificate of appropriateness, however, shall be
required within 30 days of the emergency repair in order to ascertain
that the repair was done correctly.
A.
Application procedures. Application for a certificate
of appropriateness shall be made on forms available from either the
Harrison Township Clerk or the Secretary of the Historic Preservation
Commission. Completed applications shall be delivered to the Secretary
of the Historic Preservation Commission, or the Harrison Township
Clerk at the Harrison Township Municipal Building at 110 South Main
Street, Mullica Hill, New Jersey, not less than 10 days before a Historic
Preservation Commission meeting. A subcommittee appointed by the Historic
Preservation Commission shall review the application form and classify
the application in accordance with the relief requested.
(1)
If the action for which the certificate of appropriateness
is requested will substantially affect those characteristics of the
district listed on the district's historic designation, the subcommittee
shall classify the application as a major application and notify the
applicant to submit a full application as described in the Historic
District Commission regulations.
(2)
If the action for which the certificate of appropriateness
is requested will not substantially affect the building or districts
as stated in the above, then the subcommittee shall classify the application
as a minor application.
B.
Procedure for minor and major applications.
(1)
Minor applications may be heard and decided immediately
upon classification. Such immediate hearing shall be at the subcommittee's
discretion, if there is sufficient evidence on the record at that
point. Any such hearing shall be before the full Commission at a meeting
that is in full compliance with the Open Public Meetings Act.[1] If the subcommittee finds that an adjacent property may
be affected by the action for which a certificate has been requested,
the subcommittee may order, as a condition subsequent to the approval
of a minor application, that the applicant send certified mail notices
of the subcommittee's actions to such owners of adjacent property
as the adjacent property owners shall have 30 days to file a written
objection, absent which the minor approval shall be deemed final.
If written objection is received, the subcommittee shall refer the
matter to the Historic Preservation Commission for its consideration
and decision. The objector shall have full rights to present evidence
and to cross-examine prior witnesses. The Historic Preservation Commission
shall hear and decide any objection within 45 days of its receipt.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(2)
Major application information and supporting documents.
Applications for a certificate of appropriateness shall be filed in
compliance with the following requirements:
(a)
The applicant shall file eight copies of the
application and eight copies of the plot plans, maps and other such
appropriate documents as required by the Historic Preservation Commission.
In the case of applications being made directly to the Commission
through referral by another Harrison Township board or official, the
applicant shall have the responsibility of providing an advisory copy
of the full application to the Harrison Township Combined Planning
Board, Harrison Township Board of Health and Harrison Township Construction
Code Official. The filing of this advisory copy to the above-noted
boards shall be made by the applicant within three days of having
filed the formal application with the Historic Preservation Commission.
[Amended 3-5-2012 by Ord. No. 16-2012]
(b)
Application information:
[1]
The application shall include:
[a]
An overall site plan layout, at
a minimum scale of one inch equals 10 feet to one inch equals 50 feet,
showing the location of all adjacent properties.
[b]
Sufficient color photographs of
all adjacent properties and buildings within a minimum of 60 feet
of the landmark property lines. Each photograph shall be properly
identified and referenced on the site plan.
[c]
Elevation drawings may be optional
at the Commission's request. All building elevations required shall
be at a minimum scale of 1/4 inch equals one foot.
[2]
Additional drawings such as floor plans and
building details may also be required as necessary to explain the
proposed application.
C.
Hearing procedures for major applications.
(1)
The applicant shall notify all property owners within
200 feet of the lot line of the historic property in question, by
certified mail, return receipt requested, of the hearing on the application,
including a statement as to the work or activity involved, not less
than 10 days before it is to be heard. A list of such property owners
may be obtained from the Harrison Township Tax Assessor office.
(2)
The applicant shall present a certificate of service
of such notice at the hearing on the application.
D.
Time frame of decision by Commission.
(1)
The Historic Preservation Commission shall reach a
decision on the application within 45 days after the Secretary has
declared an application to be complete; otherwise, the application
shall be deemed to have been approved. Nothing herein shall prohibit
an extension of time by mutual agreement of the applicant and the
Historic Preservation Commission. The Historic Preservation Commission
may advise the applicant and make recommendations in regard to the
appropriateness of the proposed action, and may grant approval upon
such conditions as it deems appropriate within the intent and purpose
of this article.
(2)
If an application is approved, the Historic Preservation
Commission shall forthwith issue a certificate of appropriateness.
If the Historic Preservation Commission disapproves an application,
the Historic Preservation Commission shall state its reasons, in writing,
in resolution form within 10 days of such decision. In case of disapproval,
the Historic Preservation Commission shall notify the applicant, in
writing, of such resolution of disapproval, and reasons therefor,
and provide the applicant with a certified copy thereof.
A.
In considering whether an application for a certificate of appropriateness should be granted, the Historic Preservation Commission shall consider whether, if the approval is denied, the applicant may still make any reasonable use of the property as such use is permitted in this Chapter 225, Zoning.
B.
Criteria for historic structure review. In reviewing
any application for a Historic District certificate of appropriateness,
the Historic Preservation Commission, as well as other Township committees
and governing bodies, shall make their determination as to whether
an application should be approved, approved with conditions, or denied
on the basis of the purposes of this section, the provisions of this
article, and the following criteria of review from the U.S. Secretary
of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating
Historic Buildings," and the following design criteria. The standards
and design criteria are requirements. The guidelines and description
of styles and checklist provide general design and technical recommendations
and shall be made available to applicants, their architects, contractors
and subcontractors.
(1)
Every reasonable effort shall be made to provide a
compatible use for 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. However, if an earlier appearance of a building is of primary
significance, and can be documented, then restoration may be the preferred
treatment. Removal of later changes may be allowed in certain cases,
if such changes alter, obscure, or destroy the building's "character-defining"
space, materials, features, or finishes of the building as it appeared
during its primary period of significance.
(5)
Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure, or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced, wherever possible. In the event, replacement
is necessary, the new material should, as near as possible, match
the material being replaced in composition, design, color, texture
and other visual qualities.
(7)
Repair or replacement of missing architectural features
should be based on accurate duplication of features, substantiated
by historic, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from
other buildings or structures.
(8)
The surface cleaning of structures shall be undertaken
with the most gentle means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall not
be undertaken.
(9)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by or adjacent to any project.
(10)
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, material, and character of the property, neighborhood or environment.
(11)
Whenever possible, new additions or alterations
to structures shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
C.
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 a 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 set forth in Subsection D below.
D.
Visual compatibility factors. In assessing the effect
of any proposed change under application for any landmark, the following
visual compatibility factors shall be used to analyze the effect the
change applied for would have on the landmark and on those structures
to which the landmark is visually related. In the event that a Historic
District has such unique features that the general guidelines below
are not appropriate criteria, the Historic Preservation Commission
shall, within 18 months of its organization, adopt regulations for
each such district which are consistent with the generally applicable
visual compatibility factors as set forth below.
(1)
Area and height regulations. Maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in this Chapter 225, Zoning, for the respective zones, except the Combined Planning Board may grant a variance where necessary to preserve historic characteristics, upon recommendation of the Historic Preservation Commission to the Combined Planning Board.
[Amended 3-5-2012 by Ord. No. 16-2012]
(2)
Proportion of facade. The relationship of the width
of the building to the height of the front elevation shall be visibly
compatible with the buildings and places to which it is visibly related.
(3)
Position of openings. The relationship of the width
of the windows to the height of the windows in a building shall be
visibly compatible with the buildings and place to which it is visibly
related.
(4)
Rhythm of solids. The relationship of solids to voids
in such facades of a building shall be visibly compatible with buildings
and places to which they are visibly related.
(5)
Rhythm of spacing. The relationship of the building
to the open space between it and adjoining buildings shall be visibly
related.
(6)
Rhythm of entrances. The relationship of entrances
and porches to the street shall be visibly compatible to the buildings
and places to which it is visibly related.
(7)
Rhythm of setbacks. The relationship of the setback
of the building shall be compatible with the buildings and places
to which it is visibly related.
(8)
Relationship of materials. The relationship of materials
and texture of the facade and roof of a building shall be visibly
compatible with the predominate materials used in buildings to which
it is visibly related.
(9)
Roof. The roof shape and pitch of a building shall
be visibly compatible with the buildings to which it is visible related.
(10)
Continuity of walls. Walls and open fencing
shall maintain visual compatibility with the buildings and places
to which it is visibly related.
(11)
Scale of building. The size of a building, mass
of a building in relation to open spaces, the windows and door openings,
porches and balconies shall be visibly compatible to the buildings
and places to which it is visibly related.
(12)
Directional expression. A building shall be
visibly compatible with buildings and places to which it is visibly
related in its directional character, whether this be vertical character
or horizontal character.
E.
Demolition. In regard to an application to demolish
a historic landmark or historic building or any improvement within
a Historic District, the following matters shall be considered:
(1)
Its historic, architectural and social significance.
(2)
Its potential for use for those purposes currently
permitted by this chapter.
(3)
Its importance to the Township and the extent to which
its historical or architectural value is such that its removal would
be detrimental to the 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 Township a more attractive and
desirable place in which to live.
(6)
It is within a Historic District, the probable impact
of its removal upon the ambience of the Historic District.
F.
Removals out of the Township. In regard to an application
to move a historic landmark or a historic building within a Historic
District, to a location outside the Township, the following matters
shall be considered:
(1)
The historic loss to the site of original location
and the district as a whole.
(2)
The compelling reasons for not retaining the landmark
or structure at its present site.
(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.
G.
Removals within the Township. In regard to an application to move a historic landmark or any structure in a Historic District to a new location within the Township, the following matters shall be considered in addition to the matters listed in Subsection F:
H.
Consideration of other actions. In regard to an application for other approval of any proposed action as set forth in § 225-33 hereof, the following matters shall be considered:
(1)
If a historic landmark or a structure in a Historic
District is involved:
(a)
The impact of the proposed change on its historic
and architectural character;
(b)
Its importance to the Township and extent to
which its historic or architectural interest 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 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 a Historic
District from the public street.
(4)
If the application deals with a structure within a 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 § 225-33 hereof.
I.
Additional matters considered. In regard to all applications,
additional pertinent matters may be considered but in no instance
shall interior arrangement be considered except to the extent that
it impacts on the exterior appearance.
A.
Issuance of a certificate of appropriateness shall
be deemed to be final approval pursuant to this article. Such approval
shall neither cause nor prevent the filing of any collateral application
or other proceeding required by any other Township ordinance to be
made prior to undertaking the action requested vis-a-vis the landmark
or structure in the Historic Districts. A certificate shall be valid
for two years or such reasonable extensions thereof as the Historic
Preservation Commission may deem it in the public interest to grant.
B.
Denial of a certificate of appropriateness shall be
deemed to preclude the applicant from undertaking the activity applied
for vis-a-vis landmark or improvement to a Historic District.
C.
The granting or denial of a certificate of appropriateness
may be appealed to the Township Combined Planning Board pursuant to
N.J.S.A. 40:55D-70a.
[Amended 3-5-2012 by Ord. No. 16-2012]
A.
If any person shall undertake any activity vis-a-vis
a landmark or improvement within a Historic District without first
having obtained a certificate of appropriateness, such person shall
be deemed to be in violation of this article.
B.
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 restoring the landmark
or improvement to its status quo ante. If the owner cannot be personally
served within the Township 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 Township
tax rolls.
C.
In the event that the violation is not abated within
10 days of service or posting on site, whichever is earlier, the Zoning
Officer shall cause to be issued a summons and complaint, returnable
in the Municipal Court, charging violation of this article.
D.
The penalty for violation of this article shall be as provided in § 225-164 of this chapter.
[Amended 12-6-2004 by Ord. No. 40-2004]
E.
If any person is about to undertake any activity which
would permanently change adversely the landmark or Historic District
in a permanent way, such as demolition or removal, without a certificate
of appropriateness having been issued, 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 landmark
or structure within the Historic Districts.
A.
No owner or agent thereof shall hereafter sell, enter
into an agreement of sale or convey any real property, other than
vacant real property, within any Harrison Township Historic District
or designated structure unless written notice is first given to the
person purchasing or accepting legal or equitable title to the real
property, that said real property is within the Harrison Township
Historic Districts and is required to comply with all terms and conditions
of this article. The written notice may be included in any proposed
contract of sale prepared, or may be sent by certified mail to the
person purchasing or accepting legal or equitable title prior to the
execution of any contract of sale or prior to acceptance of legal
or equitable title by said person.
B.
Any real estate broker and/or agent rendering services
to an owner of real property in the conveying of said real property
shall be deemed to be an agent of the owner. In the event the agent
is charged with a violation of this section, as an affirmative defense
to said charge, the agency may present a notice to the owner from
the agent notifying the owner of the obligation of the owner to provide
notice, provided that said notice is either sent by certified mail
with receipt requested or the seller has affixed the seller's signature
acknowledging receipt of said notice.
C.
It shall be sufficient notice for the purposes of
this article if the notice states: "The owner of any property in the
Harrison Township Historic Districts must receive a certificate of
appropriateness from the Historic Preservation Commission prior to
making any additions, alterations or changes to the exterior of the
improved property including demolition of any improved structure."
Nothing is to prohibit the notice from including additional language
concerning the Harrison Township Historic Districts and historic landmarks.
It shall be the duty of all Township officials
reviewing all permit applications involving real property or improvement
thereon to determine whether such application involves any activity
which should also be the subject of an application for a certificate
of appropriateness, and if it should, to inform both the Secretary
of the Historic Preservation Commission and the applicant.
