City of Burlington, NJ
Burlington County
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Table of Contents
Table of Contents

§ 207-22 Establishment of system; Historic Preservation Map.

[Amended by Ord. No. 13-1998]
A. 
There is created in the City an agency to be known as the "Historic Preservation Commission" ("Commission").
B. 
The Commission will work with and advise the Land Use Board on the effect of development applications in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component of the Master Plan. The Commission shall also provide a written report to the Construction Code Official on each application for issuance of a permit pertaining to an historic site or property in any historic district on the application of Article VII of this chapter concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by the Land Use Board pursuant to the Municipal Land Use Law.
C. 
This chapter does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near a landmark should not necessarily duplicate the exact style of the landmark, however, it must be compatible with and not detract from the landmark.
D. 
The boundaries of any historic district are as established by the map attached to this chapter and made a part hereof. The location of each historic site situated outside of an historic district shall be as designated on the map attached and made a part of this chapter.

§ 207-23 Purpose.

[Amended 12-11-2012 by Ord. No. 21-2012]
These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the City's environment in order:
A. 
To safeguard the heritage of the City by preserving resources which reflect elements of its cultural, social, economic and architectural history;
B. 
To encourage the continued use of historic sites and to facilitate their appropriate use;
C. 
To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, site objects or districts within the City;
D. 
To stabilize and improve property values within the district and foster civic pride;
E. 
To promote appreciation of historic sites for the education, pleasure and welfare of the population;
F. 
To encourage beautification and private reinvestment;
G. 
To prevent the demolition of historic resources;
H. 
To recognize the importance of individual historic sites located outside of a district by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter;
I. 
To encourage the proper maintenance and preservation of historic settings and landscapes;
J. 
To encourage appropriate alterations of historic sites;
K. 
To enhance the visual and aesthetic character, diversity, continuity and interest in the City;
L. 
To promote the conservation of historic sites and districts and to invite and encourage voluntary compliance.

§ 207-24 Definitions.

The terms set forth hereinafter shall have the following meanings:
ADDITION
The construction of a new improvement as part of an existing structure when such new improvement changes the exterior architectural appearance of any historic site.
ADMINISTRATIVE OFFICER
The Construction Code Official unless otherwise designated.
AFFECTING AN HISTORIC SITE OR HISTORIC DISTRICT
Any development activity which alters the exterior architectural appearance of an historic site or any improvement within an historic district.
ALTERATION
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
CERTIFICATE OF APPROPRIATENESS
A document indicating permission or a permit to commence work or activity on a structure located within the historic district or a designated historic site.
DEMOLITION
Partial or total razing or destruction of any historic site or of any improvement within an historic district.
DISREPAIR
The condition of being in need of repairs; a structure or building in disrepair.
[Amended 12-11-2012 by Ord. No. 21-2012]
A. 
High Street Historic District (State and National Register) HD1; City of Burlington Historic District HD2 (State and National Register) CBHD; City of Burlington Municipal Historic District HD3.
B. 
One or more historic sites and intervening or surrounding property constituting a geographically definable area significantly affecting or affected by the quality and character of the historic site or sites. Resources within an historic district shall be classified as either key, contributing or noncontributing, which are defined as:
(1) 
Any buildings, structures, sites or objects which, due to their significance, would individually qualify for historic site status.
(2) 
Any 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.
(3) 
Any 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.
HISTORIC PRESERVATION COMMISSION
The agency which, for the purpose of this chapter, acts as the Historic Preservation Commission pursuant to the Municipal Land Use Law.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing determined to be of historical, archeological, cultural, scenic or architectural significance in accordance with the provisions of this chapter.
IMPROVEMENT
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location or such construction or installation for a period of not less than 120 continuous days.
OBJECT
A thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.
ORDINARY MAINTENANCE
Repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable 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.
REMOVAL
To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
REPAIR
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Does not change the exterior architectural appearance of any improvement.
REPLACEMENT
Repairs affecting (see above for definition of "affecting") the exterior architectural appearance of a structure. New materials (the same as which that were there before the work effort) being installed on an existing building--structure that do not change the exterior architectural appearance of an improvement may be considered a repair, provided the project complies with Subsection B of the definition of "repair."
[Amended 12-11-2012 by Ord. No. 21-2012]
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above or below the surface of a parcel of land.

§ 207-25 Permitted uses.

Uses permitted within an historic district or on an historic site shall be the same as those permitted in the underlying zoning district.

§ 207-26 Area and height regulations.

[Amended by Ord. No. 13-1998]
The maximum building height, minimum lot size, maximum coverage and other land development regulations shall be as provided in this chapter for the respective zones, except that the Land Use Board may grant variances and waivers from such regulations where necessary to preserve historic characteristics.

§ 207-27 Historic Preservation Commission.

[Amended by Ord. No. 13-1998]
A. 
Members. The Commission shall consist of seven regular members and two alternate members.
(1) 
The regular Class A member shall be a person who is knowledgeable in building design and construction or architectural history. The Class B member shall be a person who is knowledgeable or with a demonstrated interest in local history. Although a person who is not a resident of the City may serve as a Class A or Class B member, preference shall be given to residents having a degree in architecture, history or archaeology who satisfy the requirements of the National Historic Preservation Act. The remaining five regular members shall be designated as Class C. Class C members shall be citizens of the City who shall hold no other municipal office, position or employment except for membership on the Land Use Board and who shall have a demonstrated interest, competence or knowledge in historic preservation. Alternate members shall meet the qualifications of Class C members.
(2) 
The Mayor shall appoint, with the approval of the Common Council, 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." The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the terms of any member common to the Commission and the Land Use Board shall be for the term of membership on the Land Use Board.
(3) 
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.
(4) 
A member may, after public hearing if so requested by the member, be removed by the Common Council for cause.
(5) 
The Common Council shall annually designate a member to serve as the liaison between the Common Council and the Commission.
B. 
Officers; duties. The Commission shall annually 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 Secretary shall keep written or recorded minutes of all proceedings. The Secretary shall also keep a log of all decisions on applications by designated lot, block and address, which log shall be maintained as an official record of the City.
C. 
Meetings; rules. The Commission shall meet at least once per month at least two days prior to the regular Land Use Board meeting and shall adopt rules and regulations of procedure to include the following:
(1) 
That a quorum to conduct a meeting shall be at least four members and that no less than three votes are necessary to take any formal action.
(2) 
That all meetings shall comply with N.J.S.A. 10:4-6 et seq. known as the "Open Public Meetings Act."
(3) 
Such other rules and regulations as the Commission may adopt to further its purposes.
D. 
Experts and staff; expenses and costs.
(1) 
The Common Council shall make a provision in its budget and appropriate funds for the expenses of the Commission.
(2) 
The 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 City Solicitor at the rate of compensation determined by the Common Council. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Common Council for the Commission's use.
E. 
Responsibilities. The Commission shall have the responsibility to:
(1) 
Review historical survey material and, if necessary, to update said material at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition;
(2) 
Advise and assist the Land Use Board during the preparation and/or update of the historic preservation plan element of the Master Plan and six-year capital improvement program;
(3) 
Advise the Land Use Board on the inclusion of historic sites in the recommended capital improvement program;
(4) 
Advise the Land Use Board on applications for development;
(5) 
Advise the Construction Code Official by written report concerning applications for issuance of permits pertaining to historic sites or property in any historic district on the application of the zoning provisions of this chapter concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development pursuant to the Municipal Land Use Law.
(6) 
Report annually to the Land Use Board and to the Common Council as to the state of historic preservation within the City, to include recommendations and measures for improvement or amendment and to recommend the placement of appropriate historical markers on designated structures and sites;
(7) 
Collect and disseminate materials on the importance of historical preservation and techniques and make available such materials to interested citizens and applicants and prepare and distribute an historic district guideline handbook;
(8) 
Collect and have available for reference or use by citizens or applicants a source catalog, collection or library of historic architecture, historic period designs, historic color and color schemes and other such documentation and reference sources;
(9) 
Advise any interested citizen, applicant, municipal, county or state agency regarding the goals and techniques for historic preservation as it relates to the preservation of the heritage of the City;
(10) 
Advise the Land Use Board, upon request, as to any applications before those bodies which are not within but which may substantially affect any historic district or historic site;
(11) 
Recommend adoption and promulgation of such regulations and procedures, not inconsistent with this chapter, as may be necessary and proper for the effective and efficient performance of the duties and purposes of the Commission;
(12) 
Carry out such advisory, educational and informational functions as will promote historic preservation in the City and consult with the City Historical Society, the Burlington County Historical Society and the Historic Burlington Preservation Foundation on all matters pertaining to the protection of the City's historic resources.

§ 207-28 Procedure for designation of historic sites and historic districts.

A. 
In addition to the structures already identified as being within the historic district, the Commission shall consider for historic site or historic district designation any additional buildings, structures, objects, sites, and districts within the City which merit historic site or historic district designation and protection, possessing integrity or location, design, setting, materials, workmanship of association and being:
(1) 
Of particular historic significance to the City 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 architecture 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.
B. 
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional historic sites or historic districts recommended for designation. For each historic site, there shall be a brief description of the historic site and the significance pursuant to the criteria in Subsection A of this section, a description of its location and boundaries, and a map siting. Thereafter, the Commission shall refer any property recommended for designation to the Land Use Board.
C. 
The Land Use Board shall within 35 days of receipt of the Commission's recommendation consider each property for historic designation. Notice shall be provided pursuant to N.J.S.A. 40:55D-13 of a hearing concerning the Master Plan. In addition the Land Use Board shall:
(1) 
Notify each owner that his property is being considered for historic site designation and the reasons therefor;
(2) 
Advise each owner of the significance and consequence of such designation, and advise him of his opportunities and rights to challenge or contest such a designation;
(3) 
Notify each owner of the hearing. At least 10 days before such hearing, a preliminary list and map showing each proposed additional historic site shall be published, together with a notice of the hearing, in an official newspaper of the City. At the hearing interested persons shall be entitled to present their opinions, suggestions and objections on the proposed recommendations for historic site designation. The Land Use Board shall then prepare a concise report, including a list and a map of its recommendations and shall adopt an appropriate resolution setting forth each additional historic site to be designated in the Master Plan. Notice of the adoption of the resolution shall be provided by the Commission to the Municipal Clerk. Within 20 days of receipt of the resolution by the Municipal Clerk, the Common Council shall introduce an ordinance amending the zoning provisions to designate each recommended historic site. The Common Council may disapprove designating an historic site by a vote of a majority of its full authorized membership.
D. 
All historic sites and historic districts shall be based on identifications in the historic preservation plan element of the Master Plan.
[Amended 6-14-2011 by Ord. No. 05-2011]
E. 
Notwithstanding the above procedures, the Common Council may, at any time, adopt, by affirmative vote of a majority of its authorized membership, a zoning ordinance designating one or more historic sites or historic districts that are not based on identifications in the historic preservation plan element, the land use plan element or community facilities plan element, provided the reasons for the action of the governing body are set forth in a resolution and recorded in the minutes of the governing body.

§ 207-29 Actions requiring review by Commission.

[Amended by Ord. No. 13-1998]
A. 
Applications for development. The Land Use Board shall refer to the Commission every application form and all accompanying documents required by ordinance for approval of an application for development, i.e., subdivision plat, site plan, planned development, conditional use, zoning variance or direction for the issuance of a permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-36, submitted to the Board for development in an historic zoning district or on an historic site 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 or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding.
B. 
Permits. Except when review is expressly exempted pursuant to § 207-30, all applications pertaining to historic sites or property in historic districts shall be referred to the Commission by the Construction Code Official for a written report on the application of the zoning provisions of this chapter concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by the Land Use Board pursuant to the Municipal Land Use Law. The Commission, through its Secretary, shall report to the Construction Code Official 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 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.
C. 
Review when an application for development or building permit is not required. In the event that the Zoning Officer or the Construction Code Official shall determine that a building permit and/or application for development involving any development activity that would affect an historic district or historic site is not needed, then the property owner and/or tenant of the property on which the exterior changes, alterations or improvements are proposed to be made shall make application directly to the Commission for a certificate of appropriateness. The Commission shall hear such applications employing its procedures set forth in § 207-32 and the criteria set forth in § 207-33, and will render its findings in writing. The findings of the Commission, in such cases, shall be enforceable by the Construction Code Official.

§ 207-30 Actions exempt from Commission review.

[Amended 12-11-2012 by Ord. No. 21-2012; 6-11-2013 by Ord. No. 03-2013]
Review by the Commission is not required:
A. 
Emergency repair to preserve continued habitability: when an historic site requires immediate emergency repair to preserve the continued habitability of the building and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with existing codes then in effect, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter;
B. 
For changes to the interior of structures;
C. 
For ordinary repairs and maintenance which do not constitute a change to the appearance of the structure. The following activities do not require Commission review or approval:
(1) 
Repair or replacement of existing windows and doors, using the same material. Installation of storm windows that are compatible with the architectural period or design of the subject structure;
(2) 
Maintenance, replacement and repair of existing roof material involving no change in the design, scale, material or appearance of the structure;
(3) 
Repair and replacement of existing roof structures, such as cupolas, dormers and chimneys, using the same materials, which will not alter the exterior architectural appearance of the structure;
(4) 
Replacement in kind of existing shingles, clapboards, or other siding maintaining the architectural integrity of the structure;
(5) 
Maintenance, replacement and repair of existing shingles, clapboards or other siding, using the same materials that are being repaired or maintained;
(6) 
Repairs and replacement to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking materials and sidewalks, using the same material for those items noted above being repaired;
(7) 
Repairs and replacement of existing steps which will not alter the exterior architectural appearance of the structure;
(8) 
Garden accent features including but not limited to birdbaths; arbors and pergolas that meet all of the following criteria:
(a) 
Are not attached to the principal structure or any other structure;
(b) 
Are constructed of a natural material (wood, metal, stone etc.);
(c) 
Are in colors in keeping with the principal structure to which it is subordinate;
(d) 
Occupy an area 36 square feet or less, as measured around the outer perimeter of the structure;
(e) 
Do not exceed nine feet in height;
(f) 
Are not enclosed in any way with roofing or wall material; and
(g) 
Comply with the applicable accessory structure setback requirements of the Zoning Ordinance.

§ 207-31 Procedures for review of applications for development.

[Amended by Ord. No. 13-1998]
A. 
For all applications presented to the Land Use Board which affect an historic site or an improvement within an historic district, the property owner shall submit an application for a certificate of appropriateness to the Land Use Board along with the request for the Board's approval. Such an application shall pertain solely to the proposed site review or zoning request.
[Amended 6-14-2011 by Ord. No. 05-2011]
B. 
The Land Use Board will forward to the Commission a complete application for development as well as the application for a certificate of appropriateness. The Commission shall be allowed at least 14 days from the day it receives a complete application to prepare its recommendations to the Land Use Board. Should the Commission elect to make a recommendation, it 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.
C. 
The Commission's recommendation shall focus on how the proposed undertaking would affect an historic site or architectural significance. In considering the Commission's recommendations, the Land Use Board shall be guided by the review criteria established in § 207-33 of this chapter.
[Amended 12-11-2012 by Ord. No. 21-2012]

§ 207-32 Procedures for the Commission's review of building permits.

A. 
Prior to undertaking any action affecting the exterior architectural appearance of an historic site or an improvement within an historic district, the property owner shall complete and submit to the Construction Code Official and Commission Secretary an application for a certificate of appropriateness. This includes, but is not limited to, permits for new construction, demolition, alterations, additions or replacements affecting the exterior architectural appearance of an historic site or an improvement within an historic district.
B. 
The Commission's Secretary shall review the application for technical completeness. Any application found to be incomplete shall be returned to the property owner within 10 days of receipt of the application.
C. 
When an application is found to be technically complete, the Commission's Secretary shall schedule the application to be reviewed at the Commission's next regularly scheduled meeting. The property owner shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting. The Commission shall inform the property owner and the Construction Code Official of its decision by written resolution setting forth its findings and conclusions no later than 45 days from the day the application shall have been deemed complete.

§ 207-33 Criteria for review of applications.

[Amended by Ord. No. 13-1998]
In reviewing an application for its effect on a building, improvement or structure within the historic district or classified as an historic site, the following criteria shall be used by the Commission and the Land Use Board. The criteria set forth in Subsection A of this section relate to all projects affecting an historic site or an improvement within an historic district. The criteria set forth in Subsections B through D of this section relate to specific types of undertakings and shall be used in addition to the general criteria set forth in Subsection A of this section.
A. 
In regard to all applications affecting an historic site 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 site or the historic district;
(2) 
The site's importance to the City 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 structure involved;
(4) 
The extent to which the proposed action would adversely affect the public's view of an historic site within an historic district from a public street;
(5) 
If the application deals with a structure within an historic district, the impact the proposed change would have on the district's architectural or historic significance 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 in this section.
B. 
In regard to an application for new construction or replacements affecting an historic site or an improvement within an historic district, the following factors shall be considered:
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevations shall be visually compatible with the buildings and places to which it is visually related.
(3) 
Proportion of openings within the 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.
(4) 
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 buildings and places to which it is visually related.
(5) 
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 buildings and places to which it is visually related.
(6) 
Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible to the buildings and places to which it is visually related.
(7) 
Relationship of materials. 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 buildings to which it is visually related.
(8) 
Roof. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(9) 
Continuity of walls. Appurtenances of a building such as walls, open fencing, evergreens, landscaping and so forth 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.
(10) 
Scale of buildings. The size of a building, mass of a building in relation to open spaces, the windows and door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) 
Directional expression. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
(12) 
Exterior features. A structure's related exterior features, such as lighting, fences, signs, sidewalks, driveways, and parking areas, shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant. New signage shall also abide by any supplemental historic design graphic standards that may be developed by the Commission for the district.
C. 
In regard to an application for alterations and/or additions affecting an historic site or an improvement within an historic district, the following factors shall be considered:
[Amended 12-11-2012 by Ord. No. 21-2012]
(1) 
Design and materials. The proposed design and materials will conform to the building's original architectural style.
(2) 
Original qualities. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features shall be avoided.
(3) 
Acquired significance. Changes that have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(4) 
Repair versus replacement. Deteriorated architectural features (e.g., windows, doors, shutters, trim, siding, etc.) should be repaired rather than replaced, wherever feasible using the Secretary of the Interior's Standards for Rehabilitation. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(5) 
Design of alterations. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(6) 
Character of alterations. Wherever possible, new additions and alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(7) 
Synthetic siding. Synthetic siding is generally not acceptable on key buildings. In the New Jersey and Nationally Registered Historic Districts, metal, vinyl, or other alternative material siding may be used to resurface facades that do not front a public right-of-way on contributing buildings that were originally wood-sided if the substitute siding is similar in design, width and texture to the original clapboard and will not endanger the physical condition and structural life of the building. Architectural trim must be retained. In the City of Burlington Municipal Historic District metal, vinyl, or other alternative material siding may be used to resurface facades on all elevations of contributing and noncontributing buildings provided the style and configuration does not adversely impact the district. Architectural trim should be retained.
(8) 
Window and door openings.
(a) 
The number, size and locations of original window and door openings shall in general be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings should not be added on elevations that are subject to view from a public street unless the change will not adversely affect the historic district.
(b) 
Vinyl, vinyl-clad, aluminum, aluminum-clad windows and doors are generally not acceptable on key buildings. In the New Jersey and Nationally Registered Historic Districts non-wood-surfaced window frames and doors may be used on side and rear building elevations that do not front a public right-of-way on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building. Architectural trim and adornments must be retained. In the City of Burlington Municipal Historic District non-wood-surfaced window frames and doors are acceptable on all elevations of contributing and noncontributing buildings provided the style and configuration does not adversely impact the district.
D. 
In regard to an application to demolish an historic site 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, the significance of the structure in relation to the historic character of the district and the probable impact of its removal on the district.
(3) 
Its potential for use for those purposes currently permitted by the Article VII of this chapter.
(4) 
Its structural condition and the economic feasibility of alternatives to the proposal.
(5) 
Its importance to the City 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 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, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the City an attractive and desirable place in which to live.
(8) 
If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
E. 
In regard to an application to move any historic site, or to move any structure within an historic district, the following matters shall be considered:
(1) 
The historic loss to the site of original location and the historic district as a whole.
(2) 
The reasons for not retaining the building improvement or structure at its present location.
(3) 
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this chapter.
(4) 
The probability of significant damage to the historic site.
(5) 
If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection B of this section.
(6) 
If it is to be removed from the City, the proximity of the proposed new location to the City, including the accessibility to the residents of the City and other citizens.

§ 207-34 Effect of project approval; denial; appeal.

[Amended by Ord. No. 13-1998; 12-11-2012 by Ord. No. 21-2012]
A. 
Applicants seeking to undertake any project or action concerning an historical site or improvement in an historic district must initially seek an advisory opinion from the Historic Preservation Commission pursuant to § 207-29 of this chapter. The Commission's advisory opinion shall be memorialized in a certificate of appropriateness to be submitted to the Construction Code Official for a final determination. The Construction Code Official will be responsible for making a final decision on the proposed project or action. Because the Commission's opinion is advisory is nature, it is a recommendation that the Construction Code Official is not legally obligated to follow.
B. 
Approval by the Construction Code Official shall be deemed to be final approval pursuant to this chapter. Such approval is independent of any other authorization concerning the historic site or improvement in an historic district and will have no impact on the filing of any collateral application required by any other municipal ordinance.
C. 
Denial of an application or of a building permit shall completely bar the applicant from undertaking the activity which was the subject of the denied application.
D. 
In the event an applicant wishes to appeal a determination made by the Construction Code Official, the appeal will be heard by the Land Use Board pursuant to N.J.S.A. 40:55D-70(a). The appeals process will be guided by N.J.S.A. 40:55D-69 et seq. If the Land Use Board determines that an error was made by the Construction Code Official as to any aspect of the decision, the Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken, as directed by N.J.S.A. 40:55D-74.

§ 207-35 Violations and penalties.

A. 
Any person, including the owner of the property, contractors, and those acting at the request or by the authority of the owner and/or contractor, who shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic site by addition, alteration or replacement without obtaining a certificate of appropriateness, shall be deemed to be in violation of this chapter.
B. 
Upon learning of the violation, the Director of Housing and Community Development shall cause to be served personally 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 historic site or improvement to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the City with the 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 City tax rolls.
C. 
In the event that the violation is not abated within 10 days of service or posting on the site, whichever is earlier, the Director of Housing and Community Development 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. Each separate day the violation exists shall be deemed to be a new and separate violation of this chapter.
D. 
The penalty for violation shall be as follows:
(1) 
For each day up to 10 days, not more than $100 per day;
(2) 
For each day 11 days to 25 days, not more than $150 per day;
(3) 
For each day beyond 25 days, not more than $200 per day.
E. 
If any person shall undertake an activity which would cause a change in the exterior architectural appearance of any improvement within an historic district or of any historic site by addition, alteration or replacement without first having obtained approval of the site, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the site affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Director of Housing and Community Development is authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B of this section. Such injunctive relief shall be in addition to the penalties authorized under Subsection D of this section.
F. 
In the event that any action which would permanently affect an historic site or historic district, or demolition is about to occur, without a certificate of appropriateness having been issued, the Director of Housing and Community Development is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
G. 
The Business Administrator, in the absence of the Director of Housing and Community Development, shall perform all of the aforementioned duties.