[Adopted 11-24-1998 by Ord. No. 98-13 as
Ch. 9, Art. VIII, of the 1998 Code]
[Amended 4-26-2022 by Ord. No. 22-08]
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 seven members and two alternate
members, appointed by the Mayor, who shall serve without compensation,
classified as set forth below. The Historic Preservation Commission
shall:
A.
Maintain a survey of historic sites of the Township.
B.
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.
C.
Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program.
D.
Advise the Planning Board and the Board of Adjustment on applications for development pursuant to § 14-62 herein.
F.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Township.
G.
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.
H.
Assist other public bodies in aiding the public in
understanding historic resources' significance and methods of preservation.
I.
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.
J.
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.
K.
Recommend to the Planning Board and the Township Council
the establishment and boundaries of historic districts, where appropriate.
L.
Recommend to the Zoning Board the granting of use
variances where such are deemed to be within the intent and purposes
of this article.
M.
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.
N.
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.
O.
Recommend to the applicable county, state and federal
agencies, where appropriate, recognition of historic buildings, structures,
sites, objects or districts.
P.
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.
Q.
Members
of the Commission shall attend scheduled meetings and participate
in the work of the Commission, which shall include but is not limited
to: participating in training sessions, outreach events, and site
visits, as well as conducting research and other duties which may
arise.
R.
Members
shall not miss more than three meetings within a twelve-month period,
or 25% of the total meetings held, if less than 11 meetings are scheduled
during a calendar year, unless an absence is excused by the Chair
of the Commission upon written notice of the same. If any member exceeds
the permissible number of unexcused absences, the remaining members
will meet with the inactive member to determine if the absences were
excusable. If the absences are not considered excusable, a recommendation,
with background information, will be sent to the Mayor for further
action, and the position will be considered vacant until the Mayor
issues a determination. The inactive member will have 30 days to meet
with the Mayor prior to final action. The Mayor will notify the Commission
of his decision within 45 days of the initial notification from the
Commission. If removed from the Commission, a written notification
of a resignation from the inactive member will not be required. Any
voluntary resignation by a member of the Commission must be in writing,
either by signed letter or email from the personal address of the
member, to the Mayor.
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.
The person designated to handle the administration of building
permit applications as referenced in this article.
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.
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.
Resources within a historic district shall be classified
either as key, contributing or noncontributing, which are defined
as follows:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the 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.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the 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.
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:
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;
Associated with historic personages important
in national, state or local history;
The site of a historic event which had a significant
effect on the development of the nation, state or community;
An embodiment of the distinctive characteristics
of a type, period or method of architecture or engineering;
Representative of the work of an important builder,
designer, artist or architect;
Significant for containing elements of design,
detail, materials or craftsmanship which represent a significant innovation;
or
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:
A property which has met the requirements from the local
Commission, State Historic Preservation Office and/or the National
Preservation Review Committee, such that the property meets the requirements
of a historic designation hereunder and is properly registered.
[Added 4-26-2022 by Ord. No. 22-08]
Repairs when a building permit may or may not be required
on historically registered properties.
[Amended 4-26-2022 by Ord. No. 22-08]
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.
A.
The Commission shall be comprised of residents of
the Township divided into the following classes:
(1)
Class A: persons knowledgeable in building design
and construction or architectural history.
(2)
Class B: persons knowledgeable or with a demonstrated
interest in local history.
(3)
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.
(4)
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.
B.
At least four members of the Commission shall be from
Classes A and B.
C.
In the
event that the Commission's Certified Local Government membership
requirements cannot be filled by a resident of the Township of Ewing
within 45 days of a vacancy, membership requirements may be met by
an individual working in Ewing Township or a resident of the County
of Mercer. In event that no member may be filled through either an
individual working in Ewing Township or a resident of the County of
Mercer, membership requirements may be met with through participation
by a resident of the State of New Jersey.
[Added 4-26-2022 by Ord. No. 22-08[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
C as Subsection D.
D.
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.
A.
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.
B.
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:
(1)
Notify each owner that his property is being considered
for historic landmark designation and the reasons therefor.
(2)
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.
(3)
Notify each owner of the date, time and location of
the public meeting to be held.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:[1]
(1)
William Green House, on the grounds of Trenton State
College, Section 215, Lot 42.
(2)
Trenton Bath House, on the grounds of the Jewish Community
Center, Lower Ferry Road, Section 345, Lot 140.
(3)
West Trenton Train Station, Railroad Avenue, Section
392, Lot 1.
(4)
Fish-Howell House, 481 Grand Avenue, Section 411,
Lot 1.
(5)
Benjamin Temple House, Federal City Road, Section
223, Lot WP.
(6)
Anthony Cook Farm House, 1189 Parkside Avenue, Section
293, Lot 18.
(7)
David Howell House, 2 Peck Avenue, Section 506, Lot
43.
(8)
Readings Knight and Green Farm Houses, on the grounds
of the State of New Jersey, Wilburtha Road, Section 411, Lot 11.
(9)
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.
(10)
The Nathaniel Lanning House, 2051 Pennington
Road, Block 229H, Lot 5.
(11)
The Spafford-Bergen House, 2061 Pennington Road,
Block 229H, Lot 6.
(12)
The Tindall-Lanning House, 2071 Pennington Road,
Block 229H, Lot 8.
(13)
The original Log Cabin Barracks at the headquarters
of the New Jersey State Police.
(14)
9 Wilburtha Road, circa 1800, Block 419, Lot
19.
(15)
Ewingville School, 440 Ewingville Road, built
1896, Block 214, Lot 13.
(16)
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.
A.
Emergencies.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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[1], 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:
A.
If the historic landmark or structure in a historic
district is involved:
(1)
The impact of the proposed change on its historic
and architectural significance as defined in this article;
(2)
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
(3)
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.
B.
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).
C.
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.
D.
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.
E.
Additional matters considered. In regard to all applications,
additional pertinent matters may be considered, but in no instance
shall interior arrangement be considered.
F.
Visual compatibility factors.
(1)
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.
(2)
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:
(a)
Height. The height of the proposed building
shall be visually compatible with adjacent buildings.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
Rhythm of entrance and/or porch projections.
The relationship of entrance and porch projections to the street to
which it is visually related.
(g)
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.
(h)
Roof shape. The roof shape of a building shall
be visually compatible with buildings to which it is visually related.
(i)
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.
(j)
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.
(k)
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.
(l)
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:
A.
Its historic, architectural, cultural or scenic significance
in relation to the criteria established in this article.
B.
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.
C.
Its potential for use for those purposes currently
permitted by the Zoning Ordinance.
D.
Its structural condition and the economic feasibility
of alternatives to the proposal.
E.
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.
F.
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.
G.
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:
A.
The historic loss to the site of original location
and the historic district as a whole.
B.
The compelling reasons for not retaining the landmark
or structure at its present site.
C.
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.
D.
The probability of significant damage to the landmark
or structure itself.
E.
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.
F.
If the proposed new location is within a district,
visual compatibility factors as set forth in this article.
A.
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.
B.
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.
C.
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.
A.
A person shall be found in violation of this article
who:
[Amended 4-26-2022 by Ord. No. 22-08]
(1)
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;
(2)
Fails
to maintain a landmark; or
(3)
Negligently
embarks on any activity that causes harm to a landmark.
B.
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.
C.
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.
D.
Each separate day a violation exists shall be deemed
to be a new and separate violation.
