A.
No person shall construct, reconstruct, alter, paint or restore a
structure, or move a structure into or within an historic district,
nor shall any person cause any such work to be performed, nor shall
any construction permit for such work be issued by the Construction
Official, unless a restoration permit has been approved by the Historic
Landmarks Commission or, in the case of a development application,
by the Planning Board or Zoning Board of Adjustment.
B.
When emergency repairs are required, the Construction Official shall
notify the Chairperson of the Landmarks Commission or the City's Historic
Preservation Officer and a recommendation regarding emergency repairs
shall be made within 48 hours. The Construction Official may allow
temporary repairs to an historic site prior to the Landmarks Commission's
review when these repairs are necessary for the building's occupancy
or for public safety. Such emergency repairs shall be made to conform
to the provisions of this section within 90 days.
A.
In the event that the proposed activities described in § 315-218 are included in a development application submitted for the approval of a subdivision, site plan, conditional use, variance or change of use, the Planning Board or the Zoning Board of Adjustment shall make available to the Historic Landmarks Commission an informational copy of the application. However, failure to make the informational copy available shall not invalidate any hearing or proceedings.
B.
The Historic Landmarks Commission may provide its advice through
a written report submitted by the Commission or by the oral testimony
of its staff or one of its members at the hearing on the application.
The Commission shall make any recommendations within 45 days of an
application for a restoration permit.
C.
The Planning Board or Zoning Board of Adjustment shall review any such development application to determine whether the proposed activity conforms with the design criteria and guidelines set forth in §§ 315-224 to 315-227 below. In the event that the proposed activity conforms with such criteria and guidelines, the Board shall approve a restoration permit when it issues the other required approvals.
A.
In the event that the proposed activities described in § 315-218 above are not included in a development application requiring review by the Planning Board or Zoning Board of Adjustment, then prior to the issuance of a construction, zoning, demolition or sign permit, the Construction Official shall immediately refer such application to the Historic Landmarks Commission for a written report on the application.
B.
The Commission shall complete its review of the application for a construction, zoning, demolition or sign permit and shall submit its report to the Construction Official within 45 days of his/her referral of the application setting forth its findings of whether the proposed activity conforms with the criteria and guidelines set forth in §§ 315-224 to 315-227 below. In the event that the proposed activity conforms with such criteria and guidelines, the Commission shall approve a restoration permit for such activity. The Commission shall notify the Construction Official, in writing, of its action. Failure of the Commission to report within the forty-five-day period shall constitute a report in favor of issuance of the permit. If the Commission recommends to the Construction Official against the issuance of a permit or recommends conditions to the permit to be issued, the Construction Official shall deny the issuance of the permit or include conditions in the permit as the case may be.
A.
In the event that the proposed activities described in § 315-219 above are not included in a development application, as set forth in § 315-218 above, or subject to the issuance of a permit, as set forth in § 315-220 above, and application shall be made to the Historic Landmarks Commission or the Construction Official for the issuance of a restoration permit. The Construction Official shall immediately refer the application to the Historic Landmarks Commission.
B.
The Commission shall complete its review of the application for a restoration permit and shall submit its report to the Construction Official within 45 days of his/her referral of the application and shall determine whether the proposed activity conforms with the criteria and guidelines, set forth in §§ 315-224 to 315-227 below. In the event that the proposed activity conforms with such criteria and guidelines, the Commission shall approve a restoration permit for such activity. The Commission shall notify the Construction Official, in writing, of its action. Failure of the Commission to report within the forty-five-day period shall constitute a report in favor of the issuance of the permit. If the Commission recommends to the Construction Official against the issuance of a permit or recommends conditions to the permit to be issued, the Construction Official shall deny the issuance of the permit or include the conditions in the permit as the case may be.
C.
Applications for restoration permits involving only paint and color
selection can be approved by the City's historic preservation specialist,
without review by the Commission.
The Historic Landmarks Commission may provide its advice pertaining
to any development application or other application pending before
the Planning Board or the Zoning Board of Adjustment. Such advice
may be conveyed through the Commission's delegation of one of its
members or staff to testify orally at the hearing on any application
and to explain any written report that the Commission may have submitted.
In the case of a decision of the Historic Landmarks Commission
constituting a denial or negative recommendation, the applicant may,
within 10 days thereof, request a reconsideration, review or reversal
of such decision by filing a written request for same with the City
Clerk. Upon timely filing of such request, the City Clerk shall set
the matter down for a hearing before City Council. No decision or
recommendation of the Historic Landmarks Commission, to which timely
objections have been filed, shall be final until reviewed and approved
by City Council at such hearing. If, after a hearing, the City Council
shall determine to reverse the decision under review, in whole or
in part, or otherwise to withhold approval of any such decision, it
shall so state and return the matter to the Historic Landmarks Commission
with a summary of its findings and with direction to reissue its decision
in conformance with the decision of City Council, or to clarify, reconsider
or otherwise dispose of the issue before it within 15 days of the
Council's decision, or such other time as may be necessary to avoid
undue delay or hardship, in default of which the application shall
be deemed granted as applied for.
The Planning Board, the Zoning Board of Adjustment, the Historic
Landmarks Commission or the Construction Official, as the case may
be, shall approve a restoration permit only if the activity as proposed,
or as modified by conditions imposed by either the Board or the Commission,
as the case may be:
A.
Is consistent with the additional criteria of this article and with
the purposes of this chapter.
B.
Would not adversely affect the character and appearance of the Historic
District, the relationships among structures or the appearance between
structures and public ways in the district.
C.
Would not adversely affect the exterior architectural features and
setting of the structure and its historical and architectural interest.
A.
A certificate of appropriateness to permit the construction of new
structures or additions to existing structures, to move structures
into or within an historic district, or involving proposed activities
pertaining to outbuildings shall be approved only if the activity
as proposed, or as modified by conditions imposed by the Planning
Board, the Zoning Board of Adjustment or the Historic Landmarks Commission:
(1)
Is not incongruous with the existing streetscapes of the Historic
District; and
(2)
Is visually compatible with the structures and places to which
it is visually related, as determined by the following standards:
(a)
The height of the proposed structure shall be visually compatible
with the adjacent structures.
(b)
The relationship of the width of the proposed structure to the
height of the front elevation shall be visually compatible with structures
and places to which it is visually related.
(c)
The relationship of the width of windows to the height of windows
in a proposed structure shall be visually compatible with the structures
and places to which it is visually related.
(d)
The relationship of solids to voids in the front facade of a
proposed structure shall be visually compatible with the structures
and places to which it is visually related.
(e)
The relationship of the proposed structure to the open space
between it and adjoining structures shall be visually compatible with
the structures and places to which it is visually related.
(f)
The relationship of entrance and porch projections to the street
shall be visually compatible with the structures and places to which
it is visually related.
(g)
The relationship of materials and textures of the facade and
roof of a proposed structure shall be visually compatible with the
predominant materials used in the structures to which it is visually
related.
(h)
The roof shapes of a proposed structure shall be visually compatible
with structures to which it is visually related.
(i)
Appurtenances, such as walls and open-type fencing, shall form
cohesive walls of enclosure along the street to the extent necessary
to maintain visual compatibility of the main structure with the structures
and places to which it is visually related.
(j)
The size of the proposed structure, the mass of the proposed
structure in relation to open spaces, the windows, door openings,
porches and balconies shall be visually compatible with the structure
and places to which it is visually related.
B.
It is not the intent of this chapter to discourage contemporary architectural
expression or solely to encourage new construction that simply emulates
existing buildings of historic or architectural interest of a certain
period or specific architectural style but to preserve the integrity
and authenticity of the Historic District, to ensure the compatibility
of the new structures therein to the greatest extent possible, and
to encourage diverse but compatible architecture. If past architectural
styles are to be used, a copy of a specific structure is preferable
to an amalgam of building types and styles.
A.
A restoration permit for proposed activities pertaining to existing
structures, other than when such proposed activity is the construction
of an addition to a structure, the alteration of an outbuilding or
the demolition or removal of such structure from the Historic District,
shall be approved only if the activity as proposed, or as modified
by conditions imposed by the Planning Board, the Zoning Board of Adjustment,
the Historic Landmarks Commission or the administrative officer, as
the case may be:
(1)
Preserves or enhances the historical or architectural value
and character of the structure; or
(2)
Seeks to return the structure, or the part covered by the application,
to a known or reasonably conceived previous appearance, except that
modifications of structures lacking architectural merit and not in
character with the Historic District may be considered when the modifications
make the building more compatible.
B.
In determining whether the applicant's proposal will restore the
authenticity of the structure, as hereby required, the following guidelines,
among other appropriate factors, shall when feasible be followed:
(1)
Existing materials, if they are the original materials of the
original structure or remodeling that is being restored, should be
maintained and repaired rather than replaced.
(2)
Distinguishing original qualities or character of a building,
structure or site, and its environment, should not be destroyed. The
removal or alteration of any historic material, distinctive architectural
feature or examples of skilled craftsmanship should be avoided.
(3)
Architectural details of the original construction or remodeling
that is being restored or altered should be retained. This includes,
but is not limited to, cornices and their brackets; window trims,
such as molded lintels; porch elements, such as posts, balustrades
and spindles; doors and windows, particularly their size and the number
and size of the individual panes.
(4)
Structures and sites in an historic district shall be recognized
as products of their own time. Alterations that have no historic basis
and that seek to create an earlier or later appearance should be discouraged.
(5)
If an element must be replaced rather than repaired, a copy
of the original is preferable to a similar or conjectural piece.
(6)
If a copy of a missing piece cannot be obtained, similar or
conjectural items are preferable to none at all.
(7)
In the event replacement of original materials is necessary,
the new materials should match the material being replaced in 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
to the extent possible, rather than conjectural designs or the availability
of different architectural elements from other buildings.
(8)
The original siding and roofing material should be maintained
or repaired, and if replacement is needed, it should be of the same
material and size. If the same material is not available, a substitute
material should be of the same shape, size and texture.
(9)
Storm windows and doors should be as unobtrusive as possible.
(10)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
A.
The Historic Landmarks Commission may deny the issuance of a restoration
permit for the demolition or removal of a structure. The Historic
Landmarks Commission shall consult civic groups and public agencies
and officials to ascertain how the City may preserve the building
or premises. The Commission shall attempt, with the owner, to establish
feasible plans for preservation of structures where moving or demolition
thereof would be a significant loss to the public and the City.
B.
In regard to an application to demolish any structure within an historic
district, the following matters shall be considered:
(1)
Its historic, architectural and cultural significance.
(2)
Its potential for use for those purposes currently permitted
in the zoning provisions of this chapter.
(3)
Its importance to the City and the extent to which its historical,
architectural or cultural value is such that its removal would be
detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it cannot be reproduced or
could be reproduced only with great difficulty and cost.
(5)
The extent to which its retention or rehabilitation would promote
the general welfare by maintaining and increasing real estate values,
generating business, creating new jobs, attracting visitors, students,
historians, artists and artisans, attracting new residents, encouraging
study and interest in American history, stimulating study in architecture
and design, educating citizens in American culture and heritage or
making the City a more attractive and desirable place in which to
live.
(6)
If it is within an historic district, the probable impact of
its removal upon the character of the district.
C.
The purpose of this section is to encourage the preservation of historical
buildings and to offer the City, interested persons, historical societies
or other organizations the opportunity to acquire or to arrange for
the preservation of buildings.
D.
In regard to the application to move any structure from a district
to a location outside the district, the following criteria shall be
considered:
A.
Activities authorized by a restoration permit shall be completed
within 12 months of the date of issuance thereof, unless the term
is extended by the Planning Board, the Zoning Board of Adjustment
or the Historic Landmarks Commission, as the case may be.
B.
A restoration permit may be approved, with or without conditions, even though the application does not conform with criteria and guidelines set forth in §§ 315-224 to 315-227 above, if the Board or the Commission, as the case may be, determines that applying such standards to the application is impracticable or will result in undue hardship to the owner and that such hardship outweighs the public interest by denying the application.
C.
The provisions of this chapter shall not apply to any activity performed
pursuant to a valid and existing development approval or construction
permit issued prior to the effective date of this chapter (May 25,
1989).
The following districts and buildings have been designated historic
sites and districts to which the provisions governing historic preservation
apply and, pending review and recommendation of the Planning Board
of any modifications thereof, shall remain as designated and subject
to the regulations and restrictions hereof:
|
Individual Landmarks and Sites
| |
|---|---|
|
Site
|
Location
|
|
204 West State Street, Interior
|
120 North Warren Street
|
|
222 West State Street, Interior
|
222 West State Street
|
|
Ackerman Building
|
210 East Hanover Street
|
|
Adams and Sickles Building
|
One West End Avenue
|
|
Cadwalader Park
|
Parkside and Bellevue Avenues
|
|
Carver Center
|
36-44 Fowler Street
|
|
Champale Office
|
1024 Lamberton Street
|
|
Delaware-Raritan Canal House
|
1 Prospect Street
|
|
Delaware-Raritan Canal
|
City-wide
|
|
Dickinson House
|
701 Clinton Avenue
|
|
Douglas House
|
Front and Montgomery Streets
|
|
Elks Lodge No. 105
|
120 North Warren Street
|
|
Ellarslie Mansion
|
Cadwalader Park
|
|
Emlan House
|
312 West State Street
|
|
First Presbyterian Church
|
120 East State Street
|
|
Friends Meeting House
|
Montgomery and East Hanover Streets
|
|
Golden Swan
|
101-103 South Warren Street
|
|
Grinslade's Blacksmith
|
334 North Olden Avenue
|
|
The Hermitage
|
46 Colonial Avenue
|
|
Site of Hunterdon County Courthouse
|
16 South Warren Street and Prison Wall
|
|
John T. Nixon School
|
20 Bellevue Avenue
|
|
Kelsey Building
|
101 West State Street
|
|
Ladder Company No. 2 Firehouse
|
1005 South Clinton Avenue
|
|
Mercer Street Friends Center
|
151 Mercer Street
|
|
Mercer Cemetery
|
51 South Clinton Avenue
|
|
Mount Carmel Guild
|
73 North Clinton Avenue
|
|
Mt. Zion Church
|
135-137 Perry Street
|
|
New Jersey National Bank
|
One West State Street
|
|
New Jersey Steel and Iron Co. Building
|
501 John Fitch Way
|
|
New Jersey State Employees' Association
|
15 West State Street
|
|
Old Barracks
|
Front and Willow Streets
|
|
Old Eagle Tavern
|
431-433 South Broad Street
|
|
Old Mill House
|
School Lane and Mill Road
|
|
Old Masonic Temple
|
South Willow and West Lafayette Streets
|
|
Old City Hall
|
2 North Broad Street
|
|
Pentecostal Church
|
207 North Montgomery Street
|
|
Public Library, Interior
|
130 Academy Street
|
|
Reading Freight Station
|
260 North Willow Street
|
|
Rudolph U. Kuser
|
315 West State Street
|
|
Shaky Bridge
|
City Water Works, vicinity Calhoun Street
|
|
St. Michael's Episcopal Church
|
140-144 North Warren Streets
|
|
Trenton City Hall
|
319 East State Street
|
|
Trenton Elk's Lodge No. 105, Interior
|
120 North Warren Street
|
|
Trenton Battle Monument
|
North Broad and North Warren Streets
|
|
Trenton State Prison Warden's House
|
498 Second Street
|
|
Trenton State Prison Administration Building
|
392 Third Street
|
|
William Trent House
|
518 South Warren Street
|
|
Historic Districts
|
|
Berkely Square Historic District
|
|
Ewing-Carroll Historic District
|
|
Greenwood Hamilton Historic District
|
|
Fisher, Richey, Perdicaris Historic District, as described in
Ordinance No. 89-85
|
|
Hanover Academy Historic District
|
|
Mill Hill Historic District
|
|
State House Historic District
|
