Township of Washington, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Creation; composition; terms. There is hereby created an Advisory Board of Economic Development, which shall consist of nine members who shall serve without compensation for the term of two years from the first day of January of the year of appointment and until their successors are appointed and qualified. The initial appointments made in calendar year 2015, and the additional appointments of the two additional positions created in 2017, shall be divided between one-year terms and two-year terms so as to stagger the Board membership such that the terms of no more than five members expire in any given year. The Board shall be comprised of the following members, all of whom must be residents of the Township:
[Amended 5-26-2005 by Ord. No. 14-2005; 10-28-2015 by Ord. No. 16-2015; 6-28-2017 by Ord. No. 16-2017]
(1) 
One member of the Township Council, appointed by the Council President.
(2) 
The Mayor or his/her designee.
(3) 
One member of the Washington Township Zoning Board upon selection of the Zoning Board Chairman, subject to the approval of Township Council.
(4) 
One member of the Washington Township Planning Board upon selection of the Planning Board Chairman, subject to the approval of Township Council.
(5) 
One member of the Washington Township Chamber of Commerce, to be selected by the Chamber of Commerce, subject to the approval of Township Council
(6) 
Three members of the Washington Township business community, to be selected by the Township Council, after submission of a resume.
(7) 
One member from the Washington Township School District administration, to be selected by the Township Council, after submission of a letter of interest.
B. 
Responsibilities. The Board of Economic Development shall advise the Council with regard to advertising. It shall contact, solicit and otherwise investigate all manners of attracting professional and light industry to relocate and build in the Township. The Board shall oversee the updating as well as developing of materials, both film and print, to attract appropriate businesses.
C. 
The Chairperson of the Board shall make monthly reports regarding the Board to the Township Council.
[Amended by 5-3-2001 by Ord. No. 12-2001]
A. 
Creation; members. There is hereby created an Advisory Board of Health which shall consist of the members of Township Council.
B. 
Duties. The Advisory Board of Health shall study the health matters of the Township.
[Amended 3-12-2003 by Ord. No. 4-2003]
A. 
Established. Pursuant to N.J.S.A. 40:56A-1 et seq., an Environmental Commission is hereby established.
B. 
Purpose. The purpose of the Environmental Commission is the protection, development and use of natural resources, including water resources, in Washington Township.
C. 
Composition, appointment, terms, vacancy.
(1) 
Members.
(a) 
The Commission shall consist of seven members appointed by the Mayor, one of whom shall also be a member of the Township Planning Board and all of whom shall be residents of the Township.
(b) 
The members will serve without compensation.
(c) 
The Mayor may designate one of the members to serve as Chairperson or two persons as Cochairpersons as presiding officer(s) of the Commission.
[Amended 1-26-2006 by Ord. No. 2-2006]
(d) 
The terms of the office of the fist Commissioners shall be for one, two and three years, to be designated by the Mayor in making his/her appointments, so that the terms of approximately 1/3 of the members will expire each year. Their successors shall be appointed for terms of three years and shall serve until the appointments and qualifications of their successors.
(e) 
The Mayor or Council may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon, at which the member shall be entitled to be heard in person or by counsel.
(f) 
A vacancy on the Commission, occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as the original appointment.
(2) 
Alternate members.
(a) 
The Commission shall contain two alternate members in addition to the regular members. The alternate members shall be appointed by the Mayor, meet the same qualifications of regular members, and serve during the absence or disqualification of any regular member. The alternate members shall be designated at the time of appointment as "Alternate Number One" and "Alternate Number Two."
(b) 
The terms of the alternate member shall be for two years, except that terms of the alternate members first appointed shall be two years for Alternate Number One and one year for Alternate Number Two so that the term of not more than one alternate member shall expire in any one year. The terms of the alternate members first appointed shall be deemed to have commenced on January 1 of the year of appointment. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(c) 
An alternate member shall not be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if he/she requests one, be removed by the Township Council for cause. An alternate member 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 Number One shall vote first.
(3) 
Appointment and removal. Notwithstanding any other provisions of law to the contrary, the powers of appointment and removal hereby accorded to the Mayor shall be vested in the elected official so designated or, where there is a vacancy in the office of Mayor, in the duly designated acting Mayor.
D. 
Powers of Commission.[1] The Environmental Commission shall have the power to conduct research into the use, and possible use, of the open land areas of the Township and may coordinate the activities of unofficial bodies organized for similar purposes and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which, in its judgment, it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marsh lands, swamps and other wetlands, in order to obtain information on the proper use of such areas and may recommend to the Planning Board plans and programs for inclusion in a Township Master Plan and the development and use of such areas. The Environmental Commission shall periodically review, and update as appropriate, the Environmental Resource Inventory, no less frequently than once every 10 years.
[Amended 9-13-2017 by Ord. No. 26-2017]
[1]
Editor's Note: See Ch. 125, Land Use Procedures, Art. IV, Environmental Assessments, § 125-52.
E. 
Acquisitions by Commission. The Environmental Commission may, subject to the approval of the Township Council, acquire property, both real and personal, in the name of the Township, by gift, purchase, grant, bequest, devise or least for any of its purposes and shall administer the same for such purposes, subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement, including conservation easement, covenant or other contractual right, including a conveyance on conditions or with limitations or reversions, as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the Township.
F. 
Records and annual report. The Environmental Commission shall keep records of its meetings and activities and it shall make an annual report to the Township Council.
G. 
Appropriations. The Township Council may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as, from time to time, it may require, within the limits of funds appropriated to it.
H. 
Studies and recommendations. The Environmental Commission shall have power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna.[2]
[2]
Editor's Note: Former Sec. 2-21, Solid Waste Collection District, which immediately followed this section, was repealed 12-21-1998 by Ord. No. 57-1998.
A. 
Creation. There is hereby created a Board of Trustees for the Township library, pursuant to N.J.S.A. 40:54-1 et seq.
B. 
Members; terms.
(1) 
The Board shall consist of nine trustees as follows: the Mayor, the Superintendent of Schools and seven citizens to be appointed by the Mayor with the consent of Council. At least four of the citizen members shall be residents of Washington Township. The terms of the citizen members shall be as follows:
(a) 
One for one year.
(b) 
One for two years.
(c) 
One for three years.
(d) 
One for four years.
(e) 
Three for five years.
(2) 
The terms of the citizen members shall commence as of January first of the year of appointment.
A. 
Establishment. Pursuant to the Municipal Utilities Authority Law, N.J.S.A. 40:14B, there is hereby created a public body corporate and politic, as an agency and instrumentality of the Township of Washington under the name of the Washington Township Municipal Utilities Authority.
B. 
Powers and duties. The Washington Township Municipal Utilities Authority hereby created is a utilities authority as contemplated and provided for by the Municipal Utilities Authority Law, and shall have and exercise all of the powers and perform all of the duties provided for by such law and any other statutes heretofore enacted and applicable thereto, and all amendments and supplements hereafter enacted thereto.
C. 
Composition; appointment; terms.
(1) 
The Municipal Utilities Authority shall consist of five members and two alternate members, who shall be appointed by resolution of the Township Council in the manner and for the terms provided by law. Alternate members shall be designated at the time of their appointment as "Alternate Number 1" and "Alternate Number 2" and shall vote during the absence or disqualification of any regular member or members. Where the vote of only one alternate member is required Alternate Number 1 shall vote.
(2) 
Each member of the authority shall receive such compensation for his/her services as provided by ordinance, from time to time.
A. 
Creation; members; terms; vacancy.
(1) 
There is hereby created an Old Stone House Village Advisory Commission which will consist of seven members. The members shall serve without compensation for three-year terms, from the first day of January of the year of appointment. Vacancies shall be filled for the unexpired portion of the term by the appropriate appointing authority.
(2) 
The Council shall appoint three members to this Commission, the Mayor shall appoint two members and the Washington Township Historical Society shall elect two members. The terms of the first members appointed by Council shall be for one-, two- and three-year terms, respectively. The terms of the members first appointed by the Mayor shall be for two- and three-year terms, respectively. The terms of the members first elected by the Historical Society shall be for one- and three-year terms, respectively.
B. 
Functions and duties. The functions and duties of the Commission shall be to establish long-range plans for the development of the Old Stone House Village, and plan, organize and implement programs of an entertaining and educational nature. The Commission shall approve all expenditures related to the Old Stone House Village, and prepare and submit an annual budget to the Mayor, to include capital expenses. In addition, the Commission shall establish, in cooperation with the Business Administrator, areas of responsibility for the Director of the Old Stone House Village and the guides at the Old Stone House Village, and approve the hiring of the guides and the appointment of the Director to oversee day-to-day operations.
C. 
Quarterly reports. The Old Stone House Village Advisory Commission shall report and make recommendations to the Mayor and Council at least on a quarterly basis.
A. 
Established; appointments. There is hereby created a Rent Leveling Board within the Township of Washington. The Rent Leveling Board shall be appointed by the Mayor with the consent of Council and shall be composed of one member of the Township Council and four residents of the Township who shall be neither residential tenants nor residential landlords. The members of the Rent Leveling Board shall serve without compensation. The Board shall have available to it the service of the Municipal Attorney and, if need be, a secretary, who shall hold terms commencing January 1 and ending December 31 of each year.
B. 
Powers and duties. The Rent Leveling Board is hereby granted and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of Chapter 184, Rent Control, of the Code of the Township of Washington, including, but not limited to, the following:
(1) 
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this chapter, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion. Such rules and/or regulations shall be filed with the Township Clerk.
(2) 
To supply information and assistance to landlords and tenants to help them comply with the provisions of Chapter 184, Rent Control.
(3) 
To hold hearings and adjudicate applications from landlords for additional rental as provided in Chapter 184, Rent Control.
(4) 
To hold hearings and adjudicate applications for tenant for reduced rental as provided in Chapter 184, Rent Control.
(5) 
To hold hearings and adjudicate applications from tenants for clarification of computations or calculations served upon tenants by the landlord.
(6) 
To charge fees to cover the cost of processing, reviewing and determining applications for increased rent due to a hardship or major capital improvement cost.
C. 
Hearings. The Rent Leveling Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination. The Board shall begin hearings on any proposed rental change within 30 days of the first notice of a proposed rental change given to the Board, in writing, by either a landlord or a tenant. The Board shall conclude the hearings, including the receipt and consideration of any accounting reports or information, and shall notify all concerned parties of its decision, in writing, within 60 days from the date written notice of the proposed rental change is provided to the Board by the landlord. Failure to so conclude the proceedings within 60 days of notice shall not render any decision of the Rent Leveling Board invalid, but any increase or decrease in the rent granted in the Board's decision shall be retroactive to the date 60 days after written notice of the proposed rental change was first provided to the Board.
D. 
Appeals.
(1) 
Time for appeal. Either landlord or tenant may appeal the decision of the Rent Leveling Board to the Township Council by delivering a written notice of appeal to the Township Clerk within 10 days of the date the decision of the Board was served.
(2) 
Consideration on record. The Township Council shall not consider any new testimony or documentary evidence not submitted to the Rent Leveling Board and shall reach a decision by reviewing the evidence presented to the Board, the written decision of the Board and the verbatim record of the proceedings before the Board, if any. The Council shall conduct a hearing based on the record before the Board, at which both the landlord and the tenant representative may be heard.
(3) 
Decision of Council. The Township Council shall render its decision at the second regular public meeting held after the notice of appeal was served upon the Township Clerk and shall send a brief written statement of its decision to the landlord and tenants.
(4) 
Effective date. Implementation of any rent change granted by the Rent Leveling Board shall be held in abeyance pending any decision on an appeal to the Township Council, but any change in rent shall be computed retroactively to the date of the written decision rendered by the Board or the date 60 days from the notice provided to the Board of a proposed change in rent, whichever of the two dates shall have occurred first.
(5) 
Appeal to court. Any party dissatisfied with the determination of the appeal by the Township Council may bring any action in any court of competent jurisdiction as otherwise provided by law or rule of court.
E. 
Public interest accountant.
(1) 
Appointment. The Rent Leveling Board may appoint a public interest accountant to review any hardship application or increase for major improvements sought by a landlord.
(2) 
Examination of records. Public interest accountants shall have liberty to examine any and all physical records of the applicant for the past three years if the accountant deems same necessary.
(3) 
Reports. The public interest accountant shall report to the Rent Leveling Board any unnecessary, extraordinary or inflated mortgages, interest payments or operating expenses and list any reasons why the hardship rent increase is not necessary to ensure the continued operation of the dwelling or housing spaces under the control of the landlord and subject to this chapter, in the case of a hardship rent increase application, In the case of a capital improvement increase application, the public interest accountant shall report to the Board any unnecessary, extraordinary or inflated interest payments related to the capital improvement(s), any improper depreciation schedule claimed by the landlord, or any expenses claimed as a capital improvement which are in fact, or in law, not capital improvements.[1]
[1]
Editor's Note: Original Section 2-25, Bi-Partisan Policy on Appointments, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Added 10-26-2000 by Ord. No. 30-2000]
A. 
Creation and membership. There shall be a Town Watch Advisory Committee consisting of 15 members as follows:
(1) 
The Mayor or his designee.
(2) 
A member of Township Council appointed by Township Council.
(3) 
Two at-large members appointed by the Mayor.
(4) 
Two at-large members appointed by the Township Council.
(5) 
One representative of the Police Department from the community policing division selected by the Chief of Police.
(6) 
One representative of the Fire District selected by the Board of Fire Commissioners.
(7) 
One representative of the Board of Education selected by the Board of Education.
(8) 
One representative of the the public schools selected by the Superintendent.
(9) 
One clergyman appointed by Township Council.
(10) 
Two members of Youth Services selected by Youth Services.
(11) 
Two representatives of community organizations that conduct activities in Washington Township.
B. 
Terms of office.
(1) 
The at-large members shall serve terms as follows:
(a) 
One Mayor's appointment and one Council's appointment shall serve an initial two-year term.
(b) 
One Mayor's appointment and one Council's appointment shall serve an initial one-year term.
(c) 
At the expiration of the initial terms members shall be appointed to two-year terms.
(2) 
All other members shall serve one-year terms.
(3) 
All terms shall commence on January first of the year of appointment and end on December 31.
(4) 
Any vacancy occurring, other than the expiration of a term, shall be filled for the unexpired term.
C. 
Organization. A Chairperson shall be elected by majority vote of the full membership.
There shall be a Zoning Board of Adjustment which shall be appointed pursuant to, and which shall have such powers and duties as are set forth in Chapter 125, Land Use Procedures, of this Code.
There shall be a Planning Board which shall be appointed pursuant to, and which shall have such powers and duties as are set forth in Chapter 125, Land Use Procedures, of this Code.
A. 
Continued. The Township of Washington Economic Assistance Board, heretofore created by ordinance pursuant to general law, is continued with the functions, powers and duties prescribed by general law and ordinance.
B. 
Composition; appointment; terms; vacancies. The Economic Assistance Board shall consist of five persons, at least one of whom shall be a woman. They shall be appointed by the Mayor with the approval of the Township Council and shall serve without compensation, but shall be allowed their necessary and actual expenses. The term of one member shall be for one year, and such member may be appointed from among the membership of the Township Council. The terms of the other members shall be for four years each, one term expiring in each year. The term of each member shall begin on the first day of January, and each member shall continue in office until a successor shall be appointed and qualified. A vacancy shall be filled for the unexpired term only.
C. 
Powers and duties. The Board shall have the powers and responsibilities as set forth in N.J.S.A. 44:8-114 et seq., as amended.
D. 
Director. The Director of Welfare, who shall be appointed by the Economic Assistance Board, shall be the executive and administrative officer of the Board. The Director shall serve for a term of five years from the date of the appointment and until a successor is appointed and qualified.
[Added 4-26-2007 by Ord. No. 15-2007; amended 1-20-2016 by Ord. No. 1-2016]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADDITION
The construction of new improvement as part of an existing improvement when such new improvement changes the exterior appearance of any building.
ALTERATION
Any work done or any improvement which:
(1) 
Is not an addition to the improvements; and
(2) 
Changes the appearance of the exterior surface of any improvement.
CERTIFICATE OF APPROPRIATENESS
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 site of the Olde Stone House Village, or historic landmarks not located within the Village after confirmation of said sites as historically accurate. The certificate of appropriateness; shall constitute a written report as set forth in N.J.S.A. 40:55D-111.
DEMOLITION
The razing of any improvement or the obliteration of any natural feature of a building or landmark.
HISTORIC DISTRICT
A definable group of Tax Map lots, the improvements on which, when viewed collectively:
(1) 
Represent a significant period(s) in the architectural and social history of the municipality; or
(2) 
Because of their unique character can readily be viewed as a separate area or neighborhood district from surrounding portions of the Township; or
(3) 
Have a unique character resulting from their architectural style, significant purpose, or historical use.
HISTORIC PRESERVATION COMMISSION
The review board established pursuant to N.J.S.A. 40:55D-107 and this section.
HISTORIC DISTRICT OR LANDMARK
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:
(1) 
Contributes to the historic district or is of particular historic, cultural, scenic, or architectural significance to the Township of Washington and in which the broad cultural, political, economic or social history of the nation, state or community is reflected or exemplified; or
(2) 
Is identified with historic personages or with the important events of national, state, or local history; or
(3) 
Shows evidence of habitation, activity, or the culture of prehistoric man; or
(4) 
Embodies a distinguishing characteristic or an architectural type valued as representative of a period, style or method of construction; or
(5) 
Represents work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the Township.
IMPROVEMENT
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, cornice, brackets, porch spindles, railings, shutters, doors, exterior wall treatments, other decorative architectural features and signs.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
(1) 
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
(2) 
Meets the criteria set forth in § 2-70E(1)(b) hereof.
MAJOR APPLICATION
Any application for a certificate of appropriateness which:
(1) 
Involves demolition or removal of a building; addition to a building; or construction of a new structure in a historic district; or
(2) 
Otherwise falls within the criteria set forth in § 2-70E(1)(a) hereof.
REPAIR
Any work done or any improvement which:
(1) 
Is not an addition to the improvement; and
(2) 
Does not change the appearance of the exterior surface of any improvement.
REPLACEMENT
Repairs when a building permit is required for same.
STRUCTURE
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.
B. 
Historic Preservation Commission.
(1) 
Creation. There is hereby created in and for the Township of Washington a Commission to be known as the Historic Preservation Commission of the Township of Washington.
(2) 
Membership.
(a) 
The Commission shall consist of seven members, plus two alternates. All members shall be appointed by the Mayor. There shall be three separate classes of members comprised of the following:
[1] 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
[2] 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality; and
[3] 
Class C: Citizens of Washington Township who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Zoning Board of Adjustment.
(b) 
Alternate members shall meet the qualifications of Class C members and shall be designated at time of appointment as "Alternate No. 1" and "Alternate No. 2"; and
(c) 
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.
(3) 
Terms. The terms of the members first appointed shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. 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; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
(4) 
Officers. The Historic Preservation 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 Historic Preservation Commission or a municipal employee.
(a) 
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.
(b) 
No member of any Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
(c) 
A member of a historic preservation body may, after public hearing if he requests it, be removed by the governing body for cause.
(5) 
Miscellaneous provisions. The Historic Preservation Commission shall create rules and procedures for the transaction of its business subject to the following regulations:
(a) 
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;
(b) 
The Secretary shall keep minutes and records of all meetings and proceedings including voting records attendance, resolutions, findings, determinations, and decisions. All such material shall be public record;
(c) 
All meetings shall comply with the open Public Meetings Act. (N.J.S.A. 10:4-7 et seq.);
(d) 
The Commission members shell 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 Council;
(e) 
The Mayor shall make provisions in the municipal budget and designate funds for the expenses of the Historic Preservation Commission;
(f) 
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;
(g) 
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. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary, but only with the advanced submission to, and approval of, the Mayor and Township Council. The Commission shall obtain its legal counsel from the Township Solicitor, but at a rate consistent with, and not to exceed, the rate charged to the Township. Expenditures pursuant to this section shall not exceed, exclusive of gifts, earned funds or grants, the amount appropriated by the governing body for the Commission's use.
(6) 
Powers and duties. The Historic Preservation Commission shall:
(a) 
Prepare a survey and maintain a list of historic sites within the Township pursuant to an identified criteria;
(b) 
Make recommendations to the Mayor, for referral to the Planning Board, on an historic preservation plan element of the Master Plan and on the implications for preservation of historic sites upon any other Master Plan elements;
(c) 
Hear and decide applications for certificates of appropriateness pursuant to § 2-70D hereof;
(d) 
Amend, from time to time, as circumstances warrant, the Historic Sites Map;
(e) 
Report at least annually to the Township governing body on the state of historic preservation in the Township and recommend measures to improve same;
(f) 
Collect and disseminate material on the importance of historic preservation and techniques of historic preservation;
(g) 
Advise all Township agencies regarding goals and techniques of historic preservation;
(h) 
Adopt such rules and procedures, not inconsistent with this section, for the transaction of its business, copies of which shall be made available to the public for a reasonable fee;
(i) 
Carry out such other advisory, education and informational functions as will promote historic preservation in the Township;
(j) 
Provide written reports on how the Zoning Ordinance[1] applies to historic preservation;
[1]
Editor's Note: See Ch. 285, Zoning.
(k) 
The Historic Preservation Commission shall be responsible for the care and maintenance of the buildings on the Township historic site known as the Olde Stone House Village;
(l) 
The Planning Board and Zoning Board of Adjustment shell make available to the Historic Preservation Commission an informational copy of every application submitted to either board for development on historic sites 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.
(7) 
Interpretive statement. In adopting this section, it is the intention of the Township Council 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 the BOCA Code, should be viewed as having an independent basis under N.J.S.A. 40:48-2 and N.J.S.A. 40:55D28.b(10).
(a) 
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 statutes or Township ordinances or regulations. In the event of any inconsistency, ambiguity or overlapping of requirements between this section 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.
(b) 
This section 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.
C. 
Establishment of Historic Districts and landmarks.
(1) 
There are established in the Township of Washington the following historic landmarks.
(a) 
The Olde Stone House Village, defined for the purpose of this section as follows: The boundary lines site, as generally defined as the Morgan/Paulin/Atkinson property, known as 208 Egg Harbor Road, and listed on the Tax Maps as Block 18.08, Lot 1, including the properties known as the Olde Stone House, the Smokehouse, the Quay House, the Turnersville Post Office, the Bunker Hill Church, and the Blackwood Railroad Station;
(b) 
Buildings or landmark sites to be listed on the survey of historic sites for the Township of Washington after confirmation of said sites as historically accurate.
(2) 
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.
(3) 
The Historic Preservation Commission shall make public a complete list and map of the tentatively designated historic landmarks specifying the location, boundaries and proper names thereof, and in each case, the reason for such designation. In designating any landmark or site, 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 section. 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.
(4) 
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 designation.
(5) 
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.
(6) 
Each designated historic building may be marked by an appropriate plaque in such form as the Historic Preservation Commission shall promulgate by regulation.
D. 
Certificates of appropriateness.
(1) 
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:
(a) 
Demolition of a historic site or landmark;
(b) 
Relocation of any historic site or landmark;
(c) 
Change in the exterior appearance as visible from the street of any existing historic site or landmark, or addition, alteration or replacement;
(d) 
Any new construction of a principle or accessory structure on any historic site;
(e) 
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.
(2) 
Exception. 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 the said regulations, a certificate of appropriateness shall be required. In terms of an exact replacement 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.
(3) 
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.
E. 
Applications for certificate of appropriateness.
(1) 
Application procedures. Application for a certificate of appropriateness shall be made on forms available from either the Washington 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 Washington Township Clerk at the Washington Township Municipal Building at 523 Egg Harbor Road, Sewell, 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.
(a) 
If the action for which the certificate of appropriateness is requested will substantially affect those characteristics of the site or landmark 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 Commission Regulations.
(b) 
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.
(2) 
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. 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.
(3) 
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 nine copies of the application and nine 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;
(b) 
The application shall include an overall site plan layout.
(4) 
Hearing procedures for major applications:
(a) 
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 Washington Township Tax Assessor office;
(b) 
The applicant shall present a certificate of service of such notice at the hearing on the application.
(5) 
Time frame of decision by Commission:
(a) 
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 section;
(b) 
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.
F. 
Standards of consideration.
(1) 
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 the Township Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 285, Zoning.
(2) 
Criteria for historic structure review. In reviewing any application for a historic site certificate of appropriateness, the Historic Preservation Commission, as well as other Township Councils 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 section, 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 Check List provide general design and technical recommendations and shall be made available to applicants, their architects, contractors and subcontractors.
(a) 
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;
(b) 
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;
(c) 
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;
(d) 
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;
(e) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity;
(f) 
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;
(g) 
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;
(h) 
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;
(i) 
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project;
(j) 
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;
(k) 
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.
(3) 
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 § 2-70F(4).
(4) 
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.
(a) 
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 the Zoning Ordinance[3] for the respective zones, except the Zoning Board of Adjustment or the Planning Board may grant a variance where necessary to preserve historic characteristics;
[3]
Editor's Note: See Ch. 285, Zoning.
[2] 
Proportion of façade: 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 visibly related;
[10] 
Continuity of walls: walls and open fencing shall maintain visual compatibility with the buildings and places to which they are 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.
(5) 
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:
(a) 
Its historic, architectural and social significance;
(b) 
Its potential for use for those purposes currently permitted by the Zoning Ordinance;[4]
[4]
Editor's Note: See Ch. 285, Zoning.
(c) 
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;
(d) 
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;
(e) 
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;
(f) 
It is within a historic district, the probable impact of its removal upon the ambience (ambiance) of the historic district.
(6) 
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:
(a) 
The historic loss to the site of original location and the district as a whole;
(b) 
The compelling reasons for not retaining the landmark or structure at its present site;
(c) 
The proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens;
(d) 
The probability of significant damage to the landmark or structure itself.
(7) 
Consideration of other actions. In regard to an application for other approval of any proposed action, the following matters shall be considered:
(a) 
If a historic landmark or a structure in a historic district is involved:
[1] 
The impact of the proposed change on its historic and architectural character;
[2] 
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;
[3] 
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.
(b) 
The use of any structure involved;
(c) 
If the application deals with a structure within a historic district, the impact the proposed change would have on the character and ambiance of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related.
(8) 
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.
G. 
Effect of a certificate of appropriateness: approval, denial, appeal.
(1) 
Issuance of a certificate of appropriateness shall be deemed to be final approval pursuant to this section. 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.
(2) 
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.
(3) 
The granting or denial of a certificate of appropriateness may be appealed to the Township Zoning Board of Adjustment.
H. 
Violations and penalties.
(1) 
If any person shall undertake any activity vis-a-vis landmark or improvement within without first having obtained a certificate of appropriateness, such person shall be deemed to be in violation of this section.
(2) 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot wherein the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Township with the said notice, a copy 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.
(3) 
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 section.
(4) 
The penalty for violation shall be as follows:
(a) 
For each day, up to 10 days: not more than $50 per day;
(b) 
For each day, 11 to 25 days: not more than $75 per day;
(c) 
For each day beyond 25 days: not more than $100 per day.
(5) 
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.
(6) 
Private residences shall be made exempt from any penalties issued under this section.
I. 
Buyer notification.
(1) 
No owner or agent thereof shall hereafter sell, enter into an agreement of sale or convey any real property, other than vacant real property, listed as a historic site or landmark, 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 listed as a historic site or landmark of Washington Township and is required to comply with all terms and conditions of this section. 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.
(2) 
It shall be sufficient notice for the purposes of this section if the notice states: "The owner of any property on the Washington Township survey or historic sites and landmarks which has been elevated to the Registry of State and Historic Sites 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 Washington Township of Survey of Historic Sites and Landmarks."
J. 
Permit review.
(1) 
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.
K. 
Repealer. All ordinances or part of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of such inconsistency only.
L. 
Severability. If any portion of this section is found to be invalid for any reason by any court of jurisdiction, such decision shall not affect the validity of this section as a whole, or any other part thereof.
M. 
When effective. This section shall take effect upon final passage and publication according to law.