[Adopted 11-24-1998 by Ord. No. 98-13 as Ch. 9, Art. VIII, of the 1998 Code]
In accordance with N.J.S.A. 40:55D-107 et seq., there is hereby created the Ewing Township Historic Preservation Commission. The Commission shall be comprised of nine members, appointed by the Mayor, who shall serve without compensation, classified as set forth below. The Historic Preservation Commission shall:
Maintain a survey of historic sites of the Township.
Make recommendations to the Planning Board on the Historic Preservation Plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
Advise the Planning Board and the Board of Adjustment on applications for development pursuant to § 14-62 herein.
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.
Identify and record historic buildings, structures, sites, objects or districts and evaluate these resources against the criteria outlined in this article. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historic documentation and to reflect changes to a resource's integrity or condition.
Assist other public bodies in aiding the public in understanding historic resources' significance and methods of preservation.
Compile and monitor notices regarding use of detection-type devices; consider, determine and condition the granting of requests for provision to dig, disturb or remove anything from historic landmarks or sites.
Advise the Township Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan therefor; securing state, federal and other grants and aid to assist therein and monitoring such projects once underway.
Recommend to the Planning Board and the Township Council the establishment and boundaries of historic districts, where appropriate.
Recommend to the Zoning Board the granting of use variances where such are deemed to be within the intent and purposes of this article.
Secure the voluntary assistance of the public and (within the limits of the budget established by the Township for this Historic Preservation Commission's operation) to retain consultants and experts and incur expenses to assist the Historic Preservation Commission in its work to provide testimony in support of the Commission's position before other bodies, boards, commissions or courts.
Cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this article.
Recommend to the applicable county, state and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
Request the Township Council to seek, on its own motion or otherwise, injunctive relief for violations of this article or other actions contrary to the intent and purpose of this article.
As used in this article, the following terms shall have the meanings indicated:
- The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
- ADMINISTRATIVE OFFICER
- The person designated to handle the administration of building permit applications as referenced in this article.
- AFFECTING A LANDMARK OR HISTORIC DISTRICT
- Any act which alters or changes a historic landmark or an improvement within a historic district.
- Any work done on any existing improvement which:
- A structure created to shelter human activity of any kind.
- The partial or total razing or destruction of any building, structure or of any improvement within a historic district.
- HISTORIC DISTRICT
- A geographically definable area, urban or rural, small or large, containing one or more historic landmarks and intervening or surrounding property significantly affecting or affected by the quality and character of the historic landmark or landmarks.
- HISTORIC DISTRICT RESOURCES
- Resources within a historic district shall be classified either as key, contributing or noncontributing, which are defined as follows:
- B. historic district, either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
- C. historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
- HISTORIC LANDMARKS (OR LANDMARK)
- Any buildings, structures, sites, objects or districts which possess integrity of location, design, setting, materials, workmanship or association and which have been formally designated in the Master Plan as satisfying any one of the following criteria:
- A. Of particular historic significance to the Township of Ewing by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;
- B. Associated with historic personages important in national, state or local history;
- C. The site of a historic event which had a significant effect on the development of the nation, state or community;
- D. An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering;
- E. Representative of the work of an important builder, designer, artist or architect;
- F. Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
- G. Able or likely to yield information important to prehistory or history.
- Any structure or any 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 120 consecutive days.
- A thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.
- Any work done on any improvement which:
- Repairs when a building permit is required for the same.
- The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.
- Any man-made work arranged in a definite pattern of organization.
The Commission shall be comprised of residents of the Township divided into the following classes:
Class A: persons knowledgeable in building design and construction or architectural history.
Class B: persons knowledgeable or with a demonstrated interest in local history.
Class C: citizens of the Township who hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment.
Alternate. There shall be two alternates, with the same qualifications as Class C members, designated Alternate 1 and Alternate 2, who may participate in discussions but may not vote except in the absence or disqualification of a regular member. Alternate 1 shall vote first.
At least four members of the Commission shall be from Classes A and B.
The term of regular members shall be four years, and of alternates, two years. The initial terms shall be distributed evenly. Vacancies shall be filled for the unexpired term only. Notwithstanding anything above, the term of any member common to the Planning Board or Zoning Board of Adjustment shall be for the term of membership on the respective board. No member of the Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
The Commission shall elect a Chairperson and Vice Chairperson from its members and select a Secretary who may or may not be a member of the Commission or a municipal employee.
The Commission shall recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
The Commission shall consider for historic designation buildings, structures, objects, sites and districts within the Township which merit landmark designation and protection by reason of possessing integrity of location, design, setting, materials, workmanship or association, based on its review or upon the recommendation of other Township bodies or of concerned citizens. The Commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries and a map. The Commission shall, by certified mail:
Notify each owner that his property is being considered for historic landmark designation and the reasons therefor.
Advise each owner of the significance and consequences of such designation, and advise him of his opportunities and rights to challenge or contest such designation.
Notify each owner of the date, time and location of the public meeting to be held.
The list of potential landmarks, as well as the description, significance, location, boundaries and map of each, shall be subject to review at a Commission public hearing. At least 10 days before such a hearing, a preliminary list and a map showing proposed landmarks shall be published, together with notice of the hearing, in an official newspaper of the municipality. At the hearing, interested persons shall be entitled to present their opinions, suggestions and objections on the proposed recommendations for landmark designation. The Commission shall then vote on its recommendation to the Planning Board for resources to be designated as local landmarks.
The Commission shall prepare a concise report of its recommendations for sites to be designated as local landmarks. Copies of the report shall be delivered to the Planning Board and the Municipal Clerk and a notice of action published by the Commission Secretary in an official newspaper. The published notice shall state the Commission's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication.
Final determination that landmark status exists shall be made by the Planning Board and incorporated into the Master Plan. Such a final determination by the Planning Board shall create landmark status. A certificate of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status, the Planning Board shall, by certified mail, notify the owner of the property involved of the determination and advise him of his rights with respect to an appeal of said determination to Superior Court.
After Planning Board review and approval, the Commission shall submit the list of designated landmarks and a map to the Municipal Clerk. The Township Council shall then consider the designation list and map and may approve, reject or modify the same by ordinance. Once adopted, the designation list and map may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall be incorporated by reference into the Municipal Master Plan and Zoning Ordinance.
Copies of the designation list and official map, as adopted, shall be made public and distributed to all municipal agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included in the list, and a true copy thereof shall be filed with the County Clerk for recording in the same manner as a certificate of a lien upon real property.
The following properties, reviewed and approved by the Historic Preservation Commission and the Planning Board, as more particularly described in proceedings before said bodies, be and the same are hereby approved and designated historic landmarks:
William Green House, on the grounds of Trenton State College, Section 215, Lot 42.
Trenton Bath House, on the grounds of the Jewish Community Center, Lower Ferry Road, Section 345, Lot 140.
West Trenton Train Station, Railroad Avenue, Section 392, Lot 1.
Fish-Howell House, 481 Grand Avenue, Section 411, Lot 1.
Benjamin Temple House, Federal City Road, Section 223, Lot WP.
Anthony Cook Farm House, 1189 Parkside Avenue, Section 293, Lot 18.
David Howell House, 2 Peck Avenue, Section 506, Lot 43.
Readings Knight and Green Farm Houses, on the grounds of the State of New Jersey, Wilburtha Road, Section 411, Lot 11.
The last remaining quarry workman's house, a two-story frame building, circa 1840, currently on the southwest quadrant of Mansion Hill Estates, Ewing Township, New Jersey.
The Nathaniel Lanning House, 2051 Pennington Road, Block 229H, Lot 5.
The Spafford-Bergen House, 2061 Pennington Road, Block 229H, Lot 6.
The Tindall-Lanning House, 2071 Pennington Road, Block 229H, Lot 8.
The original Log Cabin Barracks at the headquarters of the New Jersey State Police.
9 Wilburtha Road, circa 1800, Block 419, Lot 19.
Ewingville School, 440 Ewingville Road, built 1896, Block 214, Lot 13.
St. Michaels Cemetery, on the grounds of Trenton Psychiatric Hospital, established 1703, Block 414, Lot 2.
All building permit, demolition and development applications, once said development applications have been deemed complete or scheduled for public hearing before the appropriate land use regulatory board, affecting an historic landmark or an improvement within a historic district shall be reviewed by the Commission. Such review shall be required for, but not limited to the following, which are merely listed as examples: demolition, relocation, changes in exterior appearance, construction of any improvements, changes in signs or lights, site plan review or subdivisions or zoning variance requests, and so on.
Approval by the Commission is not required prior to immediate and emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark or others and/or to maintain the habitability of the structure. A request for the Commission's approval shall be made as soon as possible thereafter, and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained. All work done under this section shall conform to the criteria set forth in this article and the guidelines for review of applications as adopted by the Planning Board in accordance with this article.
The Planning Board or Zoning Board of Adjustment shall refer all development applications, and the Administrative Officer shall refer all building permit applications, including permit applications for new construction, demolition, alterations, additions, repairs or replacements, which affect a historic landmark or an improvement within a historic district to the Commission.
The Commission shall determine if such application is complete. If incomplete, it shall be returned to the applicant within 10 days. When complete, the Commission shall schedule a review at its next regular meeting, and the applicant shall be notified and given an opportunity to be heard.
The Commission shall provide written advice and recommendation to the Planning Board or Zoning Board of Adjustment or, in the case of a building permit application, to the Administrative Officer, which written advice and recommendations shall direct such officer to approve, deny or conditionally approve the application. Such determinations by the Commission shall be made within 45 days of the Commission's determination that the application is complete.
On any application involving demolition or removal of any kind, the Commission's order shall specify whether the permit is to be denied or postponed. If postponement is ordered, the Commission shall work with the applicant during this interim period to investigate and consider alternatives to demolition or approval.
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.
In the case of a referral by the Administrative Officer of a minor application for the issuance of a permit pertaining to historic sites or property in historic districts, as defined in the Zoning Ordinance, the Chairperson of the Historic Preservation Commission may act in the place of the full Commission for purposes of this article, and if the Ordinance specifies the submission to the Planning Board of a Commission report on a minor application, the Ordinance may authorize the Chairperson or a subcommittee of the Planning Board to act in place of the full Board.
In regard to an application for any approval of proposed action, the following matters shall be considered:
If the historic landmark or structure in a historic district is involved:
The impact of the proposed change on its historic and architectural significance as defined in this article;
Its 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; and
The extent to which there would be the involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty and expense.
The use of any structure involved in any referral from the Zoning Board of Adjustment of an application pursuant to N.J.S.A. 40:55D-70(d).
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within a historic district from a public street.
If the application deals with a structure within a historic district, the impact the proposed change would have on its character and ambience and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
Visual compatibility factors.
In assessing the effect of any proposed change on an application concerning any landmark, the following visual compatibility factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related.
In the event that a historic district has such unique features that the general guidelines below are not appropriate criteria, the Planning Board shall, with the advice of the Historic Preservation Committee, adopt regulations for each such district which are consistent with the generally applicable visual compatibility facts as set forth below:
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
Proportion of openings with facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building shall be visually compatible with the buildings and places to which it is visually related.
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street to which it is visually related.
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the building to which it is visually related.
Roof shape. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing, evergreens and landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
Scale of building. The size of a building, the mass of a building in relationship to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
Directional expression of front elevation. A building shall be visually compatible with the buildings and places to which it is related in its dimensional character, whether this be vertical character, horizontal character or nondirectional character.
Exterior features. A structure's related exterior features, such as lighting, fences, signs, sidewalks and driveways, shall be compatible with the features of those structures which it visually relates to and shall be appropriate for the historic period for which the building is significant.
In regard to an application to demolish a historic landmark or any improvement within a historic district, the following matters shall be considered:
Its historic, architectural, cultural or scenic significance in relation to the criteria established in this article.
If it is within a historic district, its significance to the district as a key, contributing or noncontributing resource and the probable impact of its removal on the district.
Its potential for use for those purposes currently permitted by the Zoning Ordinance.
Its structural condition and the economic feasibility of alternatives to the proposal.
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.
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.
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs and attracting tourists, students, writers, historians, artists and artisans; attracting new residents and encouraging study and interest in American history, New Jersey history and the history of Ewing Township; stimulating interest and study in architecture and design and educating citizens in American culture and heritage in making the municipality a more attractive and desirable place in which to live.
In regard to an application to move any historic landmark or to move any improvement within a historic district, the following matters shall be considered:
The historic loss to the site of original location and the historic district as a whole.
The compelling reasons for not retaining the landmark or structure at its present site.
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the protection of interest and values referred to in this article.
The probability of significant damage to the landmark or structure itself.
If it is to be moved from Ewing Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the municipality and other citizens.
If the proposed new location is within a district, visual compatibility factors as set forth in this article.
No person shall use any electrical, mechanical or other detection-type device to locate objects in or on any Township-owned historic landmark or improvement within a historic district without giving written notice as set forth below to the Municipal Clerk and the Historic Commission.
The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice, as well as the names and addresses of all persons involved in the on-site use, and shall set forth the date each use will occur and whether any business, club or other organization is involved.
The written notice of the intent to use such a detection device shall be delivered at least five days in advance of the use, and no use shall occur, unless otherwise expressly permitted, other than between the hours of 7:00 a.m. and 5:00 p.m.
Any person who undertakes any activity affecting an historic landmark or any improvement within a historic district which is regulated by this article without obtaining review by the Historic Preservation Commission shall be in violation of this article.
On any violation, the Zoning Officer shall serve a notice describing the violation and demanding abatement within 10 days and notifying the owner or person(s) present that they must immediately stop and cease any further activity whatsoever. Such owner or other person(s) shall immediately stop any activity.
The Zoning Officer may also file complaints in the Township Municipal Court and/or seek injunction relief or restraints in any court of competent jurisdiction.
Each separate day a violation exists shall be deemed to be a new and separate violation.