[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 9-25-1986 by Ord. No. 226. Amendments
noted where applicable.]
The purposes of this chapter are:
A.
To safeguard the heritage of the Borough of Medford
Lakes by preserving that part of the Borough which reflects elements
of its cultural, social, economic, and architectural history, and
to protect the unique architectural character of the community by
ensuring that development is performed in accordance with design standards
for the preservation of historic features.
B.
To maintain and develop an appropriate and harmonious
setting for the architecturally and historically significant landmarks,
buildings, structures, and areas within the Borough of Medford Lakes.
C.
To stabilize and improve property values.
D.
To foster civic beauty.
E.
To protect and enhance the Borough's attraction to
residents and visitors.
F.
To promote the use of the historic district for the
education, pleasure, and welfare of the citizens of the Borough and
its visitors.
G.
To protect the architectural character of Medford Lakes by ensuring that any renovation of or additions to existing structures are performed in accordance with clearly established design standards for the preservation of historic features. The Lakes Historic District is an overlay zone; that is, it does not supersede any existing zoning district but rather it encompasses portions of all six of the zoning districts described above. All permitted land uses and bulk regulations within these zones remain in effect; however, construction within the Lakes Historic District must be performed in accordance with historic preservation standards set forth in Chapter 145, Land Development.
There is hereby established in the Borough of
Medford Lakes a district to be known as the "Medford Lakes Historic
District" which is defined for the purposes of this chapter as follows:
The Medford Lakes Historic District includes those portions of the
Borough located along the shores of Upper and Lower Actna Lakes, the
area north of Tabernacle Road between Oak Trail and Neeta School,
the area between Minnelonka Trail and Mohawk Trail on the eastern
shore of Ballinger Lake, the area west of Ballinger Lake bounded by
Algonquin, Quogue and Natchez Trails, and an area in the southeastern
portion of the Borough east of Lakes Mishe Mokwa and Wanwanskashe
and north of Lake Mikonok. The boundaries of the district are clearly
illustrated on the Medford Lakes Historic District Map, incorporated
herein.[1]
[1]
Editor's Note: The Historic District Map is
on file in the Clerk's office.
As used in this chapter, the following terms
shall have the meanings indicated:
A combination of materials to form a building, structure,
or improvement to an existing structure which changes the exterior
appearance of the structure.
Any work done which changes the exterior appearance of a
structure.
The mortar-like material used in between logs.
The Medford Lakes Historic Preservation Commission.
The razing of any structure.
Construction consisting of exposed cylindrical wooden timbers.
A simple roof composed of two flat surfaces meeting to form
a straight ridge and creating a triangle at either end of the building.
Construction consisting of exposed half cylindrical wooden
timbers which appear to be complete logs on the exterior of the building.
A roof that slopes back equally from each end of the building
so that there are no gables.
An area described in § 138-2 of this chapter, which has a unique character resulting from architectural style and which can be readily viewed as an area or neighborhood representing a distinct or significant period in the architecture and/or history of the Borough of Medford Lakes.
Bars for holding the edges of window panes within the sash,
which bars may be either intrinsic or "snap-ins."
Fence-like barriers composed of one or more horizontal rails
supported by widely spaced uprights.
Any work done which is not an alteration, addition, or the
construction of a new building or structure.
A pitched roof used for a porch or an addition to a main
building.
Horizontal milled log siding.
A combination of materials to form a construction for occupancy,
use, or ornamentation, above or below the surface of land.
A.
There is hereby created an independent commission
known as the "Historic Preservation Commission" for the purpose of
reviewing construction applications within the Medford Lakes Historic
District.
B.
Commission membership qualifications. The Historic
Preservation Commission shall include, in designating the category
of appointment, at least one member of each of the following classes:
(1)
Class A: a person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the municipality.
(2)
Class B: a person who is knowledgeable in, or with
a demonstrated interest in, local history and who may reside outside
the municipality.
(3)
Class C: Those regular members who are not designated
as Class A or Class B shall be designated as Class C. Class C members
shall be citizens of the municipality who shall hold no other municipal
office, position or employment, except for membership on the Planning
Board.
C.
Commission membership. The Historic Preservation Commission
shall consist of five regular members and may have not more than two
alternate members. Of the regular members, a total of a least one
less than a majority shall be of Classes A and B. Alternate members
shall meet the qualifications of Class C members. A quorum shall be
a majority of the regular membership of the Commission.
D.
Appointments to Commission. The Mayor shall appoint
all members of the Commission and shall designate at the time of appointment
the regular members by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2."
E.
Terms of office. The term of the members first appointed
under this chapter 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.
F.
Commission 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.
G.
Alternate members. 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.
H.
Conflict of interest. No member of the Historic Preservation
Commission shall be permitted to act on any matter in which he has,
either directly or indirectly, any personal or financial interest.
I.
Removal from office. A member of the Historic Preservation
Commission may, after public hearing if he requests it, be removed
by the Borough Council for cause.
The governing body shall make provision in its
budget and appropriate funds for the expenses of the Historic Preservation
Commission. The Historic Preservation Commission may employ, contract
for, and fix the compensation of experts and other staff and services
as it shall deem necessary. The Commission shall obtain its legal
counsel from the Municipal Attorney at the rate of compensation determined
by the governing body. Expenditures pursuant to this section shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
The Historic Preservation Commission shall have
the responsibility to:
A.
Prepare a survey of historic sites of the municipality
pursuant to criteria identified in the survey report;
B.
Make recommendations to the Planning Board on the
Historic Preservation Element of the Master Plan and on the implications
for preservation of historic sites on any other Master Plan elements;
C.
Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program;
F.
Carry out such other advisory, educational, and informational
functions as will promote historic preservation in the municipality;
G.
Compile, maintain, and periodically update a list
of source materials, types of building materials available, and other
appropriate information for the benefit of and assistance to persons
required to comply with the provisions of this chapter;
H.
Recommend to the Borough Council the designation of
specific landmarks or properties outside the Medford Lakes Historic
District to be included within the requirements of this chapter;
I.
Have the power to recommend the granting of waivers
of the requirements of this chapter where it is deemed appropriate
by reason of the character of the development or location of the property;
J.
Prepare guidelines for design standards and recommendations
for administrative review.
The Planning Board shall make available to the
Historic Preservation Commission an informational copy of every application
submitted for development in the Lakes Historic District or on historic
sites designated on the Zoning or Official Map or in any component
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.
The lawful use of land, buildings, or other
structures existing at the time of adoption of this chapter may be
continued despite nonconformity with this chapter. However, no new
construction, reconstruction, alteration, restoration, improvement,
relocation, modification, demolition, change, conversion, or altered
structure or use shall be permitted within the Lakes Historic District
after the effective date of this chapter except in conformity with
the provisions of this chapter.
[Amended 4-13-1989 by Ord. No. 260]
A.
Application to the Historic Preservation Commission
for a certificate of appropriateness and issuance of a certificate
of appropriateness by the Planning Board in accordance with this chapter
shall be required before the issuance of a building, demolition, or
sign permit and before the commencement of work at any location within
the Lakes Historic District, where the permit or work involves any
of the following activities:
(1)
Demolition or relocation.
(2)
An addition or alteration which changes the appearance
of a structure.
(3)
New construction within the Historic District including
any construction in the existing vacant lot.
[Amended 8-10-1989 by Ord. No. 263]
(4)
Erection, alteration, location, relocation, construction,
reconstruction, maintenance, or change to any sign located within
the Lakes Historic District.
(5)
Rebuilding of any structure which has been demolished
or destroyed by 50% or more.
[Amended 5-14-1987 by Ord. No. 231; 8-10-1989 by Ord. No.
263]
Within the Medford Lakes Historic District,
the Historic Preservation Commission and the Planning Board shall
consider the Secretary of the Interior's standards for Historic Preservation
projects. The following specific standards shall apply to renovations
and additions to log structures and new construction in the Medford
Lakes Historic District (Notwithstanding anything appearing to the
contrary, existing nonlog homes in the Medford Lakes Historic District
shall be subject only to the standard respecting colors as established
in Subsection H of this section):
A.
Surface treatment.
(1)
Existing full log structures.
(a)
Additions must be full log or half log with
chinking.
(b)
Existing logs must be replaced with either full
logs or half logs.
(c)
Resurfacing for the purpose of installing insulation
must have an exterior finish of half logs.
(d)
Repairs must be full log or half log and must
be consistent with existing surface treatment.
(2)
Existing half log structures.
(3)
Existing full log/half log combination structures.
(4)
Existing log/nonlog combination structures and hidden
log structures.
B.
Steps and visible foundations. In the case of additions,
repairs, or replacements:
C.
Roofs and eaves.
(1)
Gabled, hipped or shed roofs must be used. Roof profiles
must be consistent with these traditional styles occurring within
the Lakes Historic District.
(2)
In the case of additions, repairs or replacements,
the roof overhang must match the existing overhang on other portions
of the structure.
(3)
Roofing materials must be unobtrusive in color and
surface pattern. Cedar shake roofs and asphalt, fiberglass and/or
slate shingle roofs are acceptable if their colors are muted. Rolled
roofs are acceptable if they are necessary and are installed in accordance
with all applicable Building Code standards.[1]
(4)
A waiver may be requested to permit the construction
of flat roofs or metal roofs.
D.
Windows and shutters.
(1)
Windows must be visually divided with muntins, either
intrinsic or snap-in, except as noted.
(2)
Thermal windows are permitted.
(3)
Windows on a new addition shall be similar in proportion
and grouping to those on the existing structure.
(4)
Replacement windows shall retain the dimensions and
pane divisions of the units they replace.
(5)
Changes in proportion and grouping of windows are
permissible by waiver as herein provided.
(6)
Stained and leaded glass are permitted.
(7)
Skylights are permitted.
(8)
Greenhouses are permitted.
(9)
Exceptions for lakefront window treatment and for
porch enclosures shall be considered upon request for a waiver regarding
same.
(10)
The style of storm windows shall be consistent
with traditional styles occurring within the Lakes Historic District.
Aluminum storm windows are acceptable only if white or brown colors
are used.
(11)
Shutters may be wood or vinyl.
F.
Downspouts and gutters. Downspouts and gutters shall
be dark brown, white or painted to match trim.
H.
Color.
(1)
Log structures. Logs must be painted in accordance with the standards set forth in Subsection H(2)(a) and (b) below, or they must be stained the natural color of the log. Logs shall be natural with bark or, if peeled, shall be stained with a wood-tone color. Existing peeled logs, if painted, shall be brown. Log ends and trim shall be exceptions and must conform with the standards set forth in Subsection H(2)(a) and (b).
I.
Fences. Perimeter fences may be constructed of any
material except chain link or similar material and cinder block or
concrete block.
K.
Demolition. Demolition of any structure employing
log construction in whole or in part, either hidden or visible, shall
be permitted only if the Construction Code Official determines that
the structure poses an immediate danger to public health or safety
or if, in the best estimate of said public official, the cost of repairing
the structure exceeds 75% of the cost of replacing it in kind.
L.
Relocation. Relocation of any structure employing
log construction in whole or in part, either hidden or visible, shall
be permitted only if it is the sole feasible means which will allow
continued preservation of the structure.
[Added 5-14-1987 by Ord. No. 231]
[Amended 8-10-1989 by Ord. No. 263]
The provisions of this chapter shall apply only to exterior features of a structure which are visible to public view for any public way or area, including lakeview, and shall not apply to any interior construction or arrangements. The provisions of this chapter shall not apply to the repainting, repair or replacement of any structure or construction within the Medford Lakes Historic District which is an exact duplication of existing conditions using the same or substantially similar materials, subject to the requirements of § 138-9A(5) of this chapter. The provisions of this chapter shall not apply to existing nonlog structures except as to color, including roof color as regulated under § 138-10H(2) of this chapter.
[Amended 5-14-1987 by Ord. No. 231; 4-13-1989 by Ord. No.
260]
A.
Application to the Historic Preservation Commission
for a certificate of appropriateness shall be submitted to the designated
administrative officer on a properly completed application form along
with all appropriate fees. The application forms shall be approved
by the Historic Preservation Commission and shall provide for the
following information at a minimum:
(1)
Detailed plans depicting the exact work to be performed,
including detailed renderings of the exterior of any proposed new
structure or any exterior alterations to existing structures. A delineation
of the relationship of the renderings of the proposal in relation
to adjacent structures or surrounding lands may be requested.
B.
The Historic Preservation Commission shall issue a
written report on the application of the Historic District Ordinance
provisions concerning historic preservation to the development or
construction proposed. The Commission shall report on any of those
aspects of the change or construction proposed which have not already
been approved by another municipal agency under the Municipal Land
Use Law (N.J.S.A. 40:55D-1 et seq.). The Historic Preservation Commission
shall submit its report to the Planning Board which shall in turn
report to the Construction Code Official.
D.
The Planning Board, or the Historic Preservation Commission
on those applications for which Planning Board review is not required,
shall report to the Construction Code Official within 45 days of the
referral of the application to the Historic Preservation Commission.
If within the forty-five-day period, the Planning Board, or the Historic
Preservation Commission, as the case may be, recommends to the Construction
Code Official against the issuance of a permit or recommends conditions
to the permit to be issued, the Construction Code Official shall deny
issuance of the permit or include the conditions in the permit, as
the case may be. Failure to report within the forty-five-day period
shall be deemed to constitute a report in favor of issuance of the
permit and without the recommendation of conditions to the permit.
[Amended 4-14-2010 by Ord. No. 576]
All applications submitted to the Historic Preservation
Commission in accordance with the provisions of this chapter shall
be accompanied by a filing fee in accordance with the Borough's Fees
Schedule.[1]
[Added 5-14-1987 by Ord. No. 231; 4-13-1989 by Ord. No.
260]
Within the Lakes Historic District, applications for certificates of appropriateness shall be subject to the notification and review procedures of §§ 145-24 through 145-30 of Chapter 145, Land Development, unless the application is otherwise exempted from Pinelands Commission review pursuant to § 145-23B of Chapter 145, Land Development.
The time periods provided within this chapter
for action by the Historic Preservation Commission or the Planning
Board may be extended by mutual agreement between the appropriate
municipal agency and the applicant. Any action taken by the Historic
Preservation Commission or the Planning Board shall be memorialized
by written report or resolution setting forth the decision and the
findings and conclusions of the agency taking the action.
When emergency repairs are made or required
to be made, the Construction Code Official shall notify the Chairperson
of the Commission, or the Chairperson's designee, and a recommendation
concerning the emergency repairs shall be made within 48 hours. The
Construction Code Official may allow temporary repairs within the
Medford Lakes Historic District prior to the Commission's review when
these repairs are necessary for the building's occupancy or for public
safety. Such emergency repairs shall be made to conform to the provisions
of this chapter within 90 days.
Nothing contained within this chapter shall
be deemed to limit the right of judicial review of the action taken
by any municipal agency under this chapter.
Any person who undertakes an activity regulated
by this chapter without first having obtained a building permit under
the procedures set forth herein shall be in violation of this chapter.
Prior to prosecution for such a violation, the Construction Code Official
shall serve upon the owner notice of the violation describing in detail
its nature and the action which the owner must take to abate the violation.
If the owner cannot be personally served with the notice, a copy shall
be posted on the property, and a copy shall be sent certified mail,
return receipt requested, to the owner at his last known address as
it appears on the Borough tax rolls. In the event that the violation
described within the notice is not abated within the time provided
within such notice, the owner shall be deemed in violation of this
chapter and shall be subject to prosecution before the Municipal Court
of the Borough of Medford Lakes. Any person who violates the provisions
of this chapter shall be subject to a fine as set forth in the Uniform
Construction Code fine schedule and to be imposed by the Municipal
Court of the Borough of Medford Lakes or other appropriate court or
agency having jurisdiction. Each day that a violation of this chapter
occurs or continues after the time period for the abatement has run
shall be a separate violation under this chapter. In addition, the
Borough of Medford Lakes may apply to the Superior Court of New Jersey
for injunctive relief to prohibit a violation of this chapter.
