[HISTORY: Adopted by the Township Council
of the Township of Pohatcong 1-15-2008 by Ord. No. 07-19.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 23.
Land use procedures — See Ch. 45.
Flood damage prevention — See Ch. 146.
General penalty — See Ch. 153.
Zoning — See Ch. 285.
[1]
Editor's Note: This ordinance also repealed
former Ch. 32, Historic Preservation Commission, adopted 9-5-2000
by Ord. No. 00-30. This chapter was originally adopted as Ch. 32 but
was renumbered to fit into the organizational structure of the Code.
The provisions of this chapter are intended
to effect and accomplish the identification, protection, enhancement
and perpetuation of noteworthy examples or elements of the Township's
environment in order to:
A.
Safeguard the heritage of Pohatcong by preserving
resources within the Township that reflect elements of its cultural,
social, economic and architectural history.
B.
Recognize and promote an appreciation of historic
landmarks within the Township for the education, economic benefit
and pleasure of the local population.
C.
Maintain and develop an appropriate and harmonious
context for the historic and architecturally significant buildings,
structures, sites, objects and districts located within the Township.
D.
Advise and assist with appropriate alterations of
landmarks and improvements within historic districts in order to maintain
the sense of cohesive neighborhoods which exist in Pohatcong.
E.
Regulate or discourage unnecessary demolition or other
destruction of historic resources.
F.
Enhance the visual and aesthetic character of the
Township.
As used in this chapter, the following terms
shall have the meanings indicated:
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any historic landmark.
For the purposes of this chapter only, the municipal employee
or officer, appointed by the Mayor, who is responsible for the various
administrative duties set forth hereinbelow.
Any work done on any improvement which is not an addition
to the improvement and constitutes a change by addition or replacement
in the exterior architectural appearance of an improvement.
A form available from the Secretary of the Historic Preservation
Commission and/or the Township Clerk which must be completed and approved
prior to constructing, repairing or altering the exterior of a designated
historic landmark or improvement located within the historic district.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A document indicating permission or a permit to commence
work or activity on a designated historic landmark or improvement
located within the historic district. An approved application shall
become a certificate of approval.
From Benjamin Moore Historical Color Collections or equivalent.
Refers to the Historic Preservation Commission.
Partial or total razing or destruction of any historic landmark
or of any improvement within an historic district.
The condition of being in need of repairs; a structure or
building in disrepair.
A definable group of Tax Map lots, the improvements on which,
when viewed collectively, have a unique character resulting from their
architectural and social history of the municipality and, because
of their unique character, can readily be viewed as an area or neighborhood
distinct from surrounding portions of the municipality. Except as
otherwise stated, all references to "landmarks" in this chapter shall
be deemed to include historic districts as well.
Any real property, improvement, natural object or configuration
or any portion or group of the foregoing determined to be of historical,
archaeological, cultural, scenic or architectural significance in
accordance with the provisions of this chapter.
The agency which, for the purpose of this chapter, acts as
the Historic Preservation Commission pursuant to the Municipal Land
Use Law.[1]
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 continuous days.
A thing of functional, aesthetic, cultural, historic or scientific
value that may be, by nature or design, movable yet related to a specific
setting or environment.
Repairing any deterioration, wear or damage to an improvement,
or any part thereof, in order to return the same as nearly feasible
to its condition prior to the occurrence of such deterioration, wear
or damage. "Ordinary maintenance" shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials and having the same appearance.
To partially or completely cause an improvement or portion
of an improvement to change to another location, position, station
or residence.
Any work done on any improvement which is not an addition
to the improvement and does not change the appearance of the exterior
surface of any improvement.
The act or process of replicating any exterior architectural
feature.
A combination of materials to form a construction for occupancy,
use or ornamentation, having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land. For purposes of this chapter,
the word "structure" shall also include improvements such as but not
limited to fences, walls, independent radio and television antennas,
gasoline pumps, gazebos and swimming pools.
The Construction Code Official or Zoning Enforcement Officer
unless otherwise designated.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
There is hereby created an Historic Preservation
Commission in order to carry out the responsibilities set forth in
this Historic Preservation Ordinance and in N.J.S.A. 40:55D-107 through
40:55D-112, inclusive. In order to make available to the public information
useful to the preservation and protection of historic buildings, places,
landmarks and improvements and provide the basis for consistency of
policy in decisionmaking, the Commission shall maintain complete files
and records, including but not limited to data used in the classification
of buildings, places and improvements, minutes of Commission meetings,
records of applications for certificates of approval and other matters,
as well as information, materials and references submitted by the
public relating to historic preservation. All Commission records and
minutes shall be made public records as provided by law, and all Commission
meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-6 et seq.). Membership, appointments and terms, conflicts of
interests and removal, officers, staff and expenditures shall be as
mandated by N.J.S.A. 40:55D-107 through 40:55D-112. The Commission
shall adopt written bylaws and procedures for the transaction of its
business and for the consideration of applications.
A.
The Commission shall consist of five regular members
and up to two alternates. There shall be at least one Class A member
who shall be a person knowledgeable in building design and construction
or architectural history who may reside outside of the municipality.
There shall be at least one Class B member who shall be a person that
is knowledgeable or with a demonstrated interest in local history
who may reside outside of the municipality. Any member who is not
a Class A or Class B member shall be designated as a Class C member
and shall be a citizen of the municipality that shall hold no other
municipal office, position or employment, with the exception that
Class C members may be members of the Land Use Board.
[Amended 9-16-2014 by Ord. No. 14-12]
C.
The two alternate members shall meet the qualifications
of Class C members.
D.
All members of the Board shall be appointed by the
Mayor.
E.
At the initial organization of the Commission, the
Mayor shall designate, at the time of appointment, the regular members
by class and the alternate members as Alternate Number 1 and Alternate
Number 2.
F.
The initial appointment shall be staggered over a
period of four years for regular members and for the first two years
for alternate members. No member's term shall exceed four years, and
the initial term of any alternate member shall not exceed two years.
G.
After the initial appointment, the term of regular
members shall be four years and that of an alternate shall be two
years.
H.
A vacancy occurring other than by expiration of a
term shall be filled for the unexpired term only.
I.
The terms of any member common to the Historic Preservation
Commission and the Land Use Board shall be for the term of the Land
Use Board.
A.
The Historic Preservation Commission shall elect a
Chairman and a Vice Chairman from its members and shall elect a Secretary
who may or may not be a member of the Historic Preservation Commission
or a municipal employee.
B.
Alternate members may participate in discussions of
the proceeding but may not vote except in the absence or disqualification
of a regular member. Four members shall constitute a quorum, and a
majority vote of the members present shall determine the outcome of
Commission business.
C.
A vote shall not be delayed in order that a regular
member may vote instead of an alternate member.
D.
In the event that a choice must be made as to which
alternate member is to vote, Alternate Number 1 shall vote.
E.
No member of the Historic Preservation Commission
shall be permitted to act in any matter in which the member has either
directly or indirectly any personal or financial interest.
F.
A member of the Historic Preservation Commission may
be removed by the governing body for cause. The member may request
a public hearing.
A.
The Township Council shall provide for the Commission
in its budget and shall appropriate such funds for the expenses of
the Commission as the Township Council, in its sole discretion, shall
determine pursuant to N.J.S.A. 40:55D-108. The Commission may employ,
contract for and fix the compensation of experts and other staff and
services as it shall deem necessary, except that the Commission shall
obtain legal counsel from the Township Attorney at the rate of compensation
determined by the Township Council unless the Township Council, by
appropriation, provides for separate legal counsel for the Commission.
Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Township Council
for the Commission's use.
B.
The Commission may appoint a consultant who is a recognized
professional in the field of architectural history, historic preservation
or similar discipline to advise the Commission on matters before it
as the Commission may deem necessary to assist in rendering its decisions.
C.
The Commission shall not maintain a separate bank
account. All gifts, grants and funds appropriated by the Township
Council shall be maintained by the Township's Chief Financial Officer
and Auditor. All disbursements shall be vouchered.
A.
Identifying and recording historic landmarks, objects
or districts and evaluating these resources against the definitions
as outlined in § 32-2 of this chapter. The survey material
shall be reviewed every other year and updated as necessary to incorporate
any newly acquired historical documentation and to reflect changes
to a resource's integrity or condition.
B.
Recommending to the Land Use Board and the Township
Council sites to be designated as historic landmarks in accordance
with the procedures established in § 32-8 hereof.
C.
Conducting research on and nominating significant
resources to the State and National Registers of Historic Places.
If the Township is certified under the state's Certified Local Government
(CLG) Program, the Commission shall, in accordance with the state's
CLG guidelines, review and comment on all State and National Register
nominations for historic resources within Pohatcong Township.
D.
Advising the Land Use Board on how development and
zoning applications affect historic landmarks or districts pursuant
to criteria outlined in the Commission's bylaws.
E.
Reviewing all applications for the issuance of permits
pertaining to historic sites or property in historic districts, including
those involving building and demolition permit applications, which
affect the exterior of historic landmarks or improvements within an
historic district pursuant to the procedures established in § 32-12
hereof and the criteria set forth in the bylaws of the Commission.
F.
Assisting other public bodies in aiding the public
in understanding historic resource significance and methods of preservation.
G.
Advising the Township Council on the relative merits
of proposals involving public lands to restore, preserve and protect
historical buildings, places and improvements, including the preparation
of a long-range plan, thereby securing state, federal and other grants
and aid to assist therein and monitoring such projects once under
way.
H.
Advising and assisting Township officers, employees,
boards and other bodies, including those at the county, state and
federal levels, on all matters which have potential impact on the
historic buildings, places, structures and districts in the Township
or on the physical character and ambience of a district.
I.
Cooperating with local, county, state or national
historical societies, governmental bodies and organizations to maximize
their contributions to the intent and purposes of this chapter.
J.
Requesting the Township Council to seek, on its own
motion or otherwise, injunctive relief for violations of this chapter
or other actions contrary to the intent and purposes of this chapter.
K.
Advising and assisting the Land Use Board during the
preparation of an historic preservation plan element of the Master
Plan.
L.
Preparing and distributing an historic structure or
historic district guideline handbook to foster appropriate rehabilitation
of structures.
A.
In addition to the historic district(s) and landmarks
already identified in the Township's Zoning Ordinance,[1] the Commission shall consider for historic landmark or
historic district designation any additional buildings, improvements,
objects, sites and districts within the Township which merit historic
landmark or historic district designation and protections, being:
(1)
Of particular historic significance to the Township
by reflecting or exemplifying the broad cultural, political, economic
or social history of the nation, state or community; or
(2)
Associated with historic personages important in national,
state or local history; or
(3)
The site of an historic event which had a significant
effect on the development of the nation, state or community; or
(4)
An embodiment of the distinctive characteristics of
a type, period or method of architectural design or construction or
engineering; or
(5)
Representative of the work of an important builder,
designer, artist or architect; or
(6)
Significant for containing elements of design, detail,
materials or craftsmanship which represent a significant innovation;
or
(7)
Able or likely to yield information important in prehistory
or history; or
(8)
Representative of farming, commercial or industrial
activities which have been a significant part of the Township's history.
B.
Based on its review or upon the recommendation of other Township bodies or of concerned citizens, the Commission shall make a list of districts and landmarks recommended for designation. For each district and landmark, there shall be a brief description, a statement of its significance pursuant to the criteria in Subsection A above, a description of location and boundaries and a map citing.
All uses permitted for an historic landmark
or for structures within an historic district shall be those designated
by the Official Zoning Map and Zoning Code.[1] Such uses shall not be altered by further designation
as an historic landmark, site or district.
A.
Applications for development. The Land Use Board shall
refer to the Commission for comment every application form and all
accompanying documents required by ordinance for approval of an application
for any development, in historic zoning districts or on historic landmarks
or sites designated on the Zoning or Official Map or identified in
any component element of the Master Plan. This referral shall be made
when the application for development is deemed complete.
B.
Permits. All applications for zoning permits pertaining
to historic landmarks or property in historic districts shall be referred
to the Commission by the Zoning Officer, with the exception of those
applications that are referred to the Land Use Board for site plan
or subdivision approval. The Commission, through its Secretary, shall
report to the Zoning Officer within 45 days of his referral of the
application to the Commission. If within the forty-five-day period
the Commission recommends against the issuance of the permit or recommends
conditions to the permit to be issued, the Zoning Officer 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.
C.
Exceptions. An application for a zoning permit shall
be subject to review by the Commission only if the permit contemplates
change in the exterior appearance of any building, improvement, site,
place or structure by addition, reconstruction, alteration or repair,
other than ordinary maintenance and repair as defined herein. The
Zoning Officer shall determine whether the proposed work meets the
definition of "ordinary maintenance and repair" as set forth herein.
If the Zoning Officer has any doubt as to whether the work constitutes
ordinary maintenance and repair, the Administrative Officer shall
refer the request to the Commission.
A.
The Zoning Officer shall transmit a copy of any sketches,
drawings, and other information submitted with the zoning permit application.
B.
The Commission may request of the permit applicant
the subsequent submission of such additional materials as it reasonably
requires to make an informed decision. Failure to provide such additional
information may constitute basis for the Commission to recommend the
denial of the permit pursuant to § 32-10B above.
C.
The Commission shall review any permit application
at the next regularly scheduled meeting following the transmittal
by the Zoning Officer. The permit applicant shall be notified of the
meeting date and shall be allowed to present evidence in support of
the application. However, an applicant shall not be required to appear
or to be represented at the meeting, and the Commission is authorized
to take action on the application even in the applicant's absence.
D.
The Commission's decision shall be based solely on
the evidence presented to it and such facts as may be personally known
to its members, provided such facts are stated on the record and the
applicant is provided a meaningful opportunity to respond.
E.
The Commission shall recommend the approval or denial
of the permit by written report submitted to the Zoning Officer within
45 days of the date of the Commission's receipt of the permit and
supporting documentation from the Zoning Officer, unless the permit
applicant consents in writing to an extension of time.
A.
In regard to all applications affecting an historic
landmark or an improvement within an historic district, the following
factors shall be considered:
(1)
The impact of the proposed change on the historic
and architectural significance of the landmark or the historic district.
(2)
The landmark's importance to the municipality and
the extent to which its historic or architectural interest would be
adversely affected to the detriment of the public interest.
(3)
The use of any improvement involved.
(4)
The extent to which the proposed action would adversely
affect the public's view of a landmark or improvement within an historic
district from a public street.
(5)
If the application deals with an improvement within
an historic district, the impact the proposed change would have on
the district's architectural or historic significance and the improvement's
visual compatibility with the buildings, places and improvements to
which it would be visually related in terms of the visual compatibility
factors set forth herein.
B.
In regard to an application to demolish an historic
landmark or any improvement within an historic district, the following
matters shall be considered:
(1)
Its historic, architectural, cultural or scenic significance.
(2)
If it is within an historic district, its significance
to the district and the probable impact of its removal on the district.
(3)
Its potential for use for those purposes currently
permitted by the Zoning Ordinance.
(4)
Its structural condition and the economic feasibility
of alternatives to the proposal.
(5)
Its importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(6)
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
and expense.
(7)
The extent to which its retention would promote the
general welfare by maintaining and increasing the real estate values,
generating business, creating new jobs, attracting tourists, attracting
new residents, encouraging study and interest in both American history
and the history of Pohatcong Township, 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.
A.
Approval of the application by the Commission shall
be deemed to be final approval pursuant to this chapter. Such approval
shall neither cause nor prevent the filing of any collateral application
or other proceeding required by any other municipal ordinance to be
made prior to undertaking the action requested concerning the landmark
or improvement in any historic district.
B.
Denial of approval shall be deemed to bar the applicant
from undertaking the activity which would affect the landmark or improvement
in an historic district which was the subject of the denied application.
C.
Denial of approval shall also bar the applicant from
proceeding before the Land Use Board or Zoning Officer with respect
to any applications relating to the landmark or improvement in any
historic district which was the subject of the denied application.
D.
The granting or denial of approval may be appealed
in the same manner as any appeal from any action by the Land Use Board.
A.
If any person shall undertake any activity which affects
an historic landmark or any improvement within an historic district
without obtaining the Commission's review and the required approval,
such person shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer
shall personally serve or cause to be served 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 the condition it was in prior to the
violation occurring. If the owner cannot be personally served within
the Township with said notice, a copy shall be posted on the site
and a copy sent 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 chapter and specifying
the wrongful conduct of the violator.
D.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable in accordance with the General Penalty Ordinance,[1] in the discretion of the Judge. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
E.
If any person is in violation of this chapter, he
shall be required to immediately stop the activity, apply for the
Commission's review and take any necessary measures to preserve the
landmarks affected pending a decision. If the project is denied, he
shall immediately restore the landmark to its preactivity status.
The Commission, Land Use Board, Township Council and/or Zoning Officer
is hereby authorized to seek immediate injunctive relief, a stop action,
restoration or any other appropriate remedy in the Superior Court,
Chancery Division. Such injunctive relief shall be in addition to
the penalties authorized in this chapter.
A.
No duties or powers of the Commission shall supersede
or infringe on the powers of other Township boards or committees.
B.
If any section or provision hereof shall be adjudged
invalid, such determination shall not affect the other provisions
hereof, which shall remain in full force and effect to the extent
severable from such determination.
C.
All ordinances and all provisions thereof inconsistent
or conflicting with the provisions of this chapter are hereby repealed
to the extent of such conflict or inconsistency.
D.
This chapter shall take effect upon final adoption
after publication thereof in accordance with the law.
