[Amended 4-6-2015 by Ord.
No. 1785-2015]
The purpose of this article is to effectuate and accomplish
the protection, enhancement and perpetuation of historic building,
structures, sites, objects, improvements and districts within the
Township of Hamilton, to implement the historic preservation element
of the Township's Master Plan, and to advance the following public
purposes:
A.Â
To safeguard the heritage of Township of Hamilton by preserving the
resources within the Township which reflect elements of its historical
significance;
B.Â
To identify, designate, and regulate historic landmarks and historic
districts in order to preserve their historical significance;
C.Â
To encourage the continued use of historic landmarks and historic
districts and to facilitate their appropriate use or reuse;
D.Â
To maintain and develop an appropriate and harmonious setting for
historic landmarks and historic districts within the Township of Hamilton;
E.Â
To foster civic pride in the history and architecture of Township
of Hamilton;
F.Â
To promote appreciation of historic landmarks and historic districts
for the education, pleasure and welfare of the local population;
G.Â
To encourage beautification and private reinvestment in historic
landmarks and historic districts, and surrounding properties;
H.Â
To manage change of historic landmarks and historic districts by
encouraging sensitive alteration and/or new construction;
I.Â
To discourage the unnecessary demolition of historic resources;
J.Â
To recognize the importance of historic landmarks and historic districts
by urging property owners and tenants to maintain their properties
in keeping with the requirements and standards of this article;
K.Â
To encourage the proper maintenance and preservation of historic
settings and landscapes.
As used in this article, the following terms shall have the meanings indicated and shall supplement or supersede the definitions in § 203-18:
A request to the Historic Preservation Commission made pursuant
to this article for the purposes of obtaining a certificate of appropriateness
or other action by the Commission hereunder specified.
The Historic Preservation Commission established pursuant to the provisions of § 203-10.
An individual building structure, site, object, improvement
or district which has been determined to have historical significance
pursuant to the provisions of this article.
When an historic landmark or a key or contributing historic
district resource requires immediate repair to preserve its continued
habitability and/or the health and safety of its occupants or others.
Having historical, cultural, architectural, archaeological
economic, social or other significance as defined by the provisions
of this article.
Of, relating to, or having the character of history.
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation under § 203-212.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
CONTRIBUTINGAny buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
NONCONTRIBUTINGAny building structures, sites, objects or improvements which due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting its character during the period of significance of the historic district and is incapable of yielding significant new information.
Any building, structure, site, object improvement which qualifies for designation under § 203-212.
Replacing in kind extensively deteriorated or missing parts
of features when there are surviving prototypes. The new work should
match the old in material, design, and texture; and be unobtrusively
dated to guide future research and treatment. Not recommended: replacing
an entire architectural feature when limited replacement of deteriorated
and missing parts is appropriate; using replacement material that
does not match the historic feature; or failing to properly document
the new work.
The ability of a property to convey its historical significance
through the retention of original physical features.
A list of surveyed historic properties determined to meet
criteria of significance specified herein.
The Master Plan of the Township of Hamilton, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic
landmark or a contributing resource in an historic district.
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district.
Is a request for approval of fences, signs, lighting paving
or streetscape work which, in the opinion of the Chairman of the Commission,
will not substantially affect the characteristics of the historic
landmark or the historic district;
Is a request for a field change for a certificate of appropriateness permit which has already been issued and which meets the criteria of Subsection C above.
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
The established criteria for valuating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
A building, site, structure or object that does not add to
the historic architectural qualities, historic associations or archaeological
values for which a property is significant because it was not present
during the period of significance; due to alterations, disturbances,
additions or other changes it no longer possesses historic integrity
reflecting its character at that time or is incapable of yielding
important information about the period; or it does not independently
meet the National Register criteria.
Used as a term to distinguish from buildings and structures
those constructions or features that are primarily artistic in nature
or are relatively small in scale and simply constructed. Although
it may be, by nature or design, movable, an object is associated with
a specific setting or environment.
The repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, wear,
or damage with in-kind material and quality workmanship. Shall mean
any required approval issued by the Construction Official pursuant
to applicable building or construction codes for work or improvement(s)
to property, or to a building or structure located thereon.
Any individuals, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, firms, companies,
corporations, entities or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives
of any thereof in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
When permitted by contest, "person" shall also include the United
States, the State of New Jersey and/or other states, or any political
subdivision thereof, and any foreign country or government.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic landmark.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or cover or shield the property from
danger or injury.
The act or process of reproducing, by means of new construction,
the form, features and detailing of a nonsurviving building, structure,
site, object, improvement or landscape for the purpose of replicating
its appearance at a specific period of time and its historic location
when documentary and physical evidence is available.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historic values.
The act or process of replicating any exterior architectural
feature that is used to substitute for an existing deteriorated or
extensively damaged architectural feature.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time. It may sometimes mean the removal of later work or
the replacement of missing earlier work.
The publication issued by the U.S. Department of the Interior,
National Park Service, entitled: "The Secretary of the Interior's
Standards for the Treatment of Historic Properties," 36 CFR 68, issued
in 1992 and revised and supplemented from time to time.
The location of a significant event, a prehistoric or historic
occupation or activity, a building or structure, or a burial ground
or cemetery, whether standing, ruined or vanished, where the location
itself possesses historical, cultural or archaeological value regardless
of the value of any existing structure.
The visual character of the street, including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, sidewalks, curbing and
landscaping.
The inventory of building, structures, sites, objects, improvements
and districts located within the Township of Hamilton which is conducted
by the Commission for the ascertainment of their historical significance
pursuant to the provisions of this article.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
The view by the public of a building, structure, site, object,
improvement or landscape from any point on a street, road or walkway
which is used as a public thoroughfare, either vehicular and/or pedestrian.
A.Â
Pursuant to N.J.S.A. 40:55D-110, the Planning Board and Zoning Board
of Adjustment of the Township of Hamilton shall refer to the Historic
Preservation Commission every application for development submitted
to either Board involving historic landmarks or properties located
within historic districts. This referral shall be made when the application
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. The Historic Preservation Commission may
provide its advice on said application, which 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 that
the Commission may have submitted.
B.Â
On all matters referred to the Historic Preservation Commission which
require approval by the Township's Planning Board or Zoning Board
of Adjustment, the decision of the Commission shall be a recommendation
only. In reviewing applications for development, the Commission may
comment on any of the zoning and land use considerations which are
relevant to the application.
A.Â
Authority to issue certificates of appropriateness.
(1)Â
The Planning Board shall issue all certificates of appropriateness, except as specified in Subsection A(3) (below).
(2)Â
The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review, except as set forth in Subsection A(3) (below).
(3)Â
The Planning Board and Zoning Board of Adjustment shall have
the right to delegate to the Historic Preservation Commission the
issuance of certificates of appropriateness. Any person aggrieved
by a decision of the Historic Preservation Commission shall have the
right to appeal to the Planning Board.
B.Â
When required. A certificate of appropriateness permit shall be required
before any work is commenced on any historic landmark or within any
historic district, whether or not a construction or zoning permit
is required for such work, including but not limited to the following:
(1)Â
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described in Subsection C below.
(2)Â
Demolition of any building structure, site, object or improvement.
(3)Â
Relocation of a principal or accessory building, structure,
site, object or improvement.
(4)Â
Any addition to or new construction of a principal or accessory
building, structure, site, object or improvement.
(5)Â
Any change of exterior color.
(6)Â
Development not otherwise exempted from review pursuant to § 203-9A(2) of Article I of this chapter where a significant resource has been identified pursuant to § 203-211E(4)(b).
C.Â
When not required.
(1)Â
A certificate of appropriateness permit shall not be required
if, in the opinion of the Commission, the work contemplated constitutes
"ordinary maintenance and repair" as defined by this article. In such
cases, and if a permit is required for the proposed work, the Commission
shall promptly notify the Zoning Official that a certificate of appropriateness
is not required as a prerequisite to the issuance of the permit.
(2)Â
Changes to the interior of existing structures.
(3)Â
Repair and replacement work to noncontributing buildings within
an historic district which shall include the following:
(a)Â
Exterior painting.
(b)Â
The replacement of glass in any window or door.
(c)Â
The installation and replacement of any window or door in the
same opening without altering the dimensions or framing of the original
opening. This shall include garage doors, storm windows and storm
doors. Any new door or window shall be of the same type and operation
as the existing.
(d)Â
Repair of any nonstructural member such as a railing.
(e)Â
The repair of existing roofing material with like material.
(f)Â
The repair of any part of a porch or stoop which does not structurally
support a roof above.
(g)Â
The replacement or installation of screens.
(h)Â
The replacement of exterior rain gutters, downspouts and leaders.
(i)Â
The repair or replacement of any exterior trim, decoration or
moldings.
D.Â
Procedures.
(1)Â
Except for the circumstances described in Subsection C(1) and (2) above, no work shall be performed on any historic landmark or on any building, structure, site, object or improvement located within an historic district until either a certificate of appropriateness has been issued for such work or until a determination has been made that no certificate of appropriateness is necessary for such work due to the fact that the proposed work constitutes "ordinary maintenance and repair" pursuant to Subsection C(1) above.
(2)Â
All applicants for a certificate of appropriateness, or for a determination of non-necessity pursuant to Subsection C(1) above, shall complete an application form. Application forms shall be made available in the office of the Zoning Official. Completed applications shall be filed with the Zoning Official, who shall then forward the application package promptly to the Commission.
(3)Â
Each application for a certificate of appropriateness or for a determination of non-necessity shall be accompanied by sketches, drawing, photographs, descriptions or other information to show the proposed alterations, additions, changes or new construction. Applications for demolition shall include current and historical photographs of the interior and exterior of the building and a report demonstrating that restoration of the structure is economically infeasible. If located in a Pinelands Area, applications for new construction or demolition shall be accompanied by a certificate of filing from the New Jersey Pinelands Commission. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision. Any such request shall not affect the time within which the Commission must make a decision pursuant to Subsection D(5) (below). To further assist the community there is a copy of the Township of Hamilton historic district Standards Guide and a fencing guide in the Zoning Office at the Township Hall.
[Amended 10-5-2015 by Ord. No. 1799-2015]
(5)Â
The Commission shall render a decision on each application for a certificate of appropriateness, or for a determination of non-necessity pursuant to Subsection C(1) above, and submit its report to the Zoning Official within 45 days of referral of same by the Zoning Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
E.Â
Procedures within the Pinelands Area.
(1)Â
Certificates of appropriateness shall be required for the following:
(a)Â
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
Committee or the Pinelands Commission pursuant to 7:50-6:154 or any
action which renders such a site inaccessible.
(2)Â
Applications for certificates of appropriateness shall include
the information specified in N.J.A.C. 7:50-6.156(b). A cultural resource
survey shall accompany all applications for development in a Pinelands
N.J.A.C.village and all applications for major development in order
to determine whether any significant historic resources exist on the
parcel. Guidelines for this survey are contained in Appendix B of
the Cultural Resource Management Plan, dated April 1991, as amended.
In general, the survey shall include: a statement as to the presence
of any properties listed on the National and/or New Jersey State Registers
of Historic Places on the site or within the area of the projects,
potential environmental impacts; a thorough search of state, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
a vocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
(a)Â
This requirement for a survey may be waived by the local approval
agency if:
[1]Â
There is insufficient evidence of significant cultural activity
of the project site, or, in the case of archaeological resources,
within the vicinity;
[2]Â
The evidence of cultural activity on the site lacks the potential
for importance because further recording of the available data will
not contribute to a more comprehensive understanding of Pinelands
culture; or
(b)Â
A resource shall be deemed to be significant if it possesses
integrity of location, design, setting, materials, workmanship, feeling
and association which reflects its significance in American history,
architecture, archaeology or culture under one or more of the following
criteria:
[1]Â
The presence of structures, sites or areas associated with events
of significance to the cultural, political, economic or social history
of the nation, state, local community or the Pinelands.
[2]Â
The presence of structures, sites or areas associated with the
lives of persons or institutions of significance to the cultural political,
economic or social history of the nation, state, local community or
the Pinelands.
[3]Â
The presence of structures that represent the work of a master
or that possess high artistic values or that embody the distinctive
characteristics of a type, period or method of construction or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, state,
local community or the Pinelands, although its components may lack
individual distinction.
[4]Â
The presence of a site or area which has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
(3)Â
The following guidelines and standards governing the issuance
of certificate of appropriateness permit in N.J.A.C. 7:50-6:156(c)
shall be followed:
(a)Â
The historical or architectural value and significance of the
building and its relationship to the historic value of the surrounding
area.
(b)Â
The general compatibility of exterior design, arrangement and
materials to be used.
(c)Â
Any other factor, including aesthetic, which it deems pertinent.
In approving or disapproving applications for certificates of appropriateness
in the Pinelands Area, the Planning Board, Zoning Board of Adjustment
and/or Historic Commission shall consider:
[1]Â
The extent of the alteration, destruction or removal of the
distinctive or architectural features of the designated structure,
including consideration of the harmony of materials, details, height,
mass, proportion, rhythm, scale, setback, shape, street accessories
and workmanship.
[2]Â
The relationship of the designated site to the surrounding land
and natural features.
[3]Â
The degree to which the proposed work would appropriately or
inappropriately isolate the designated structures or area from their
historical or architectural surroundings.
[4]Â
The degree to which the proposed work is compatible with the
original design concept of the structure or with the general characteristics
of that era.
[5]Â
The degree to which the proposed building materials are compatible
with the aesthetic and structural appearance of the designated structure
of area, including the texture, style, color of the materials and
the proposed combination of materials such as brick, stone, concrete,
shingle, wood or stucco.
[6]Â
If the proposed work involves a designated archaeological site,
the degree to which the proposed work avoids or disturbs the designated
site or complies with the rules of the Department of the Interior
governing the recovery of archaeological data, 36 CFR 66 et seq.
[7]Â
If the proposed work involves the demolition of a designated
structure, the degree to which the applicant has explored preservation
options, such as the sale of the structure to an individual or group
interested in preserving the right structure.
[8]Â
The degree to which the proposed work is in conformity with
the Department of the Interior's Standards for Historic Preservation
Projects, 36 CFR 67 et seq. and Township of Hamilton HPC Design Guidelines.
(d)Â
The effect of the issuance of a certificate of appropriateness
is as follows:
[1]Â
All subsequent development approval shall be issued or denied
in a manner consistent with the certificate of appropriateness except
as provided in Subsection E(3)(d)(2) below.
[2]Â
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6:154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6:154.
(4)Â
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity.
(a)Â
A narrative description of the resource and its cultural environment.
(b)Â
Photographic documentation to record the exterior appearance
of buildings, structures and engineering resources.
(c)Â
A site plan depicting in correct scale the location of all buildings,
structures and engineering resources.
(d)Â
A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology, if necessary, to elaborate
upon the photographic record.
(5)Â
If archaeological data is discovered on a site at any time after
construction has been commenced, the developer shall immediately cease
construction, notify the Planning Board and the Pinelands Commission
and take all reasonable steps to protect the archaeological data in
accordance with the Guidelines for the Recovery of Scientific, Prehistoric,
Historic and Archaeological Data: Procedures for Notification, Reporting
and Data Recover (36 CFR 66).
F.Â
Informational meetings.
(1)Â
Persons considering action that requires a certificate of appropriateness are encouraged to request an informal "informational meeting" with the Commission and/or its Chairman prior to submitting a formal application for a certificate of appropriateness or for a determination of non-necessity pursuant to § 203-211C. Requests for such information meetings can be made to the Commission Secretary. The Commission and/or its Chairman shall hold such informational meetings within 30 days of receipt of such request. The purpose of an informational meeting is to review the design issues and standards of appropriateness and the procedures for obtaining a certificate of appropriateness or a determination of non-necessity pursuant to § 203-211C.
G.Â
Application review.
(1)Â
The Commission shall hold a hearing on all applications for certificates of appropriateness. No hearing shall be required in order for the Commission to render a determination of non-necessity pursuant to Subsection C above.
(2)Â
Prior to holding a hearing on an application for a certificate
of appropriateness, the Commission shall, in addition to complying
with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6
et seq., notify the applicant in writing prior to the hearing by mail
setting forth the time, date and place of the hearing.
(3)Â
An applicant for a certificate of appropriateness permit shall
be required to appear or to be represented at the hearing in order
for the Commission to consider the application for a certificate of
appropriateness, and the Commission will deny without prejudice and
allow the applicant to reappear before the HPC at a later date.
(4)Â
At the hearing, the Commission shall allow all persons the opportunity
to be heard concerning the issuance of a certificate of appropriateness
for the proposed work.
(5)Â
After conducting the hearing, the Commission shall render a determination on the completeness of the application. All determinations regarding the issuance of a certificate of appropriateness shall be in writing with an explanation of the reasons for the decision, and shall be delivered promptly to the Planning Board, unless the Commission is authorized to issue certificates of appropriateness pursuant to § 203-211A(3) in which case it shall be delivered to the Zoning Official. A certificate of appropriateness shall be granted if it is found that the application is appropriate to the historic landmark or historic district and in conformity with the standards and criteria set forth in this article. A certificate of appropriateness may be subject to certain conditions(s), which shall be set forth in detail in the written decision. A certificate of appropriateness shall be denied if the application is found to be inappropriate to the historic landmark or historic district and/or not in conformity with the said standards and criteria. Denial of a certificate of appropriateness shall be deemed to prohibit the applicant from undertaking the work applied for, and shall preclude the issuance of any required permit for said work.
(6)Â
Failure to render a written determination to the Zoning Official within the forty-five-day period referenced in Subsection D(5) shall be deemed to constitute a determination in favor of the issuance of a certificate of appropriateness for the proposed work and without conditions. In the event that the applicant has consented to an extension of time to consider the application, the Zoning Official shall be notified of said extension and no certificate of appropriateness or permit shall be issued of the proposed work until a determination has been rendered during the extension period.
(7)Â
Appeals from determinations of the Zoning Official in accordance with the report issued by the Planning Board or the Historic Preservation Commission if so authorized pursuant to § 203-211A(3) may be made by the applicant to the Zoning Board of Adjustment. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Zoning Board of Adjustment. The appellant shall pay all costs for copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this subsection, the Zoning Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the Zoning Official pursuant to a determination rendered by the Planning Board or Historic Preservation Commission, the Zoning Board of Adjustment shall, in writing, include the reasons for its determination in the findings of its decision thereon.
(8)Â
The owner shall post the certificate of appropriateness on a
conspicuous spot on the exterior of the designated property visible
to the general public during the entire process of work.
(9)Â
When a certificate of appropriateness has been issued, the Zoning
Official or his appointee shall, from time to time, inspect the work
approved by such certificate and shall regularly report to the Commission
the results of such inspections, listing all work inspected and reporting
any work not in accordance with such certificate.
(10)Â
A certificate of appropriateness shall be valid for a period
of two years from date of issue unless reasonable extensions are requested
by the applicant.
(11)Â
The performance of unauthorized activities shall be deemed to
be a violation of this Chapter and may subject the responsible parties
to sanctions imposed hereunder.
H.Â
Minor applications. The Chairman of the Historic Preservation Commission,
or other designated member(s) of the Commission acting on the Chairman's
behalf, may review applications for minor work ("minor applications")
without holding a hearing. If the Chairman finds the application appropriate,
he/she may act in place of the full Commission without the necessity
of a public hearing and is authorized to issue a certificate of appropriateness
to the Zoning Official for said minor work. The Zoning Official shall
then authorize the applicant to proceed and issue any required permit
associated therewith. If the Chairman does not find the application
appropriate, the application shall be scheduled for a public hearing
before the full Commission.
I.Â
Emergency procedures.
(1)Â
When an historic landmark or a key or contributing historic
district resource requires immediate repair to preserve its continued
habitability and/or the health and safety of its occupants or others,
limited emergency repairs may be performed in accordance with applicable
construction codes immediately upon consultation with the HPC Chair
and approval of the Construction Official, who shall certify that
a bona fide emergency of the type referenced herein exists, without
first obtaining a certificate of appropriateness from the Commission.
Under such circumstances, the limited repairs performed shall be only
such as are necessary to preserve the habitability of the building
or structure and/or the health and safety of its occupants or others:
Where feasible, temporary measures to prevent further damage shall
be used, provided these measures are reversible without damage to
the building or structure.
(2)Â
Simultaneously with the commencement of the emergency work, the property owner shall make a request for a certificate of appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the Zoning Official pursuant to the procedures set forth in Subsection D above.
(3)Â
It should be noted that the procedures outlined in this section should be strictly limited to those circumstances which, in the opinion of the Construction Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Zoning Official and Historic Preservation Commission pursuant to the procedures set forth in Subsection G above.
J.Â
Requirement of obtaining certificates of appropriateness for government
actions.
(1)Â
It is recognized that the intent and purposes of this article
would not be fully served if the municipality and other governmental
agencies were to control the actions of others but fail to apply similar
constraints to itself. The Township of Hamilton, when it plans to
undertake any work on any municipally owned historic landmark or on
any municipally owned property in an historic district, may submit
such plans to the Historic Preservation Commission and shall receive
an advisory report on the appropriateness of those plans before undertaking
the work.
(2)Â
In those circumstances where the Township cannot require compliance,
as in certain cases involving the county, state, and federal governments,
the Township most strongly urges the voluntary cooperation of such
agencies in seeking a certificate of appropriateness and hereby authorizes
the Commission to consider such requests and applications. This does
not relieve the property owner from complying with applicable state
and federal regulations regarding historic preservation.
A.Â
The purpose of this section is to provide uniform standards and criteria
for the regulation of historic landmarks and historic districts for
use by the Historic Preservation Commission. All projects requiring
a certificate of appropriateness and all applications for development
on historic landmarks or in historic districts shall be governed by
the principles of the Secretary of the Interior's Standards for Rehabilitation
(as contained within the Secretary of the Interior's Standards for
the Treatment of Historic Properties) and by the Secretary of the
Interior's Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings.
B.Â
In reviewing applications for certificates of appropriateness, the
Historic Preservation Commission may consider the site, design, arrangement,
texture, details, scale, shape, materials, finish and relationship
to streetscape and/or landscape of the proposed work and the relationship
of those characteristics to the historical significance of the historic
landmark or historic district.
C.Â
In reviewing applications for certificates of appropriateness, the
Historic Preservation Commission shall not consider use, zoning requirements
for setbacks, density, height limitations or lot coverage, as these
matters fall within the purview of the Planning Board and Zoning Board
of Adjustment.
D.Â
In considering development application referrals from the Planning
Board and/or Zoning Board of Adjustment, the Historic Preservation
Commission may consider use, zoning requirements for setbacks, density,
height limitations and lot coverage in rendering its advice to the
appropriate Board.
E.Â
Criteria for review. In its review of historic landmarks or properties
located within historic districts, the Commission shall give consideration
to certain criteria, including but not limited to the following:
(1)Â
The historic character of the landscape or streetscape.
(2)Â
The historical character of a building, structure, site, object,
improvement or district and its relationship to property of the surrounding
area.
(3)Â
The general compatibility of the proposed use to the historical
value of the surrounding area.
(4)Â
The general compatibility of the exterior design, arrangement,
texture and materials proposed to be used with the historical value
of the surrounding area. In carrying out its review under these guidelines,
the following criteria shall be utilized:
F.Â
Exterior lighting and painting requirements for public or commercial
buildings.
(1)Â
The painting or repainting of a public or commercial building
in an historic area designated on Zoning Map 5[1] shall conform to the color guidelines maintained by the
Historic Preservation Commission as identified in this article.
[1]
Editor's Note: Zoning Map 5 is on file in the office of the
Township Clerk, where it may be examined during regular business hours.
(2)Â
The exterior lighting for public or commercial building in an
historic area designated on Zoning Map 5 shall conform to the street
lighting specifications shown on Sheet 10 of the Mays Landing Historic
Plan or be an approved equal.
H.Â
Exterior color selection in historic areas.
(1)Â
Purpose The intent of this section is to recognize that although
color choice is a matter of intimate preference, there are some colors
and methods of application that are more appropriate to maintain the
integrity of designated buildings which are landmarks or are located
within an historic district.
(a)Â
The colors applied to any building should be selected from those
that were available and considered appropriate for the date, type
and style of the building at the time of its design and construction.
(b)Â
Those colors, whatever they may be should be applied to the
structure to enhance the design in the manner intended by the original
designer, builder and owners.
(2)Â
The applicant shall meet with the Township of Hamilton Historic
Preservation Commission prior to the selection of exterior colors.
I.Â
Solar panels, satellite dishes and similar utility equipment in the
historic district.
[Added 4-15-2019 by Ord.
No. 1900-2019]
(1)Â
Solar panels, satellite dishes and similar utility equipment
shall not be installed on the roof or facade of any structure in the
historic district except as follows:
(a)Â
Such equipment may be installed on buildings with a flat roof
or parapet, provided that the equipment is setback so that it is not
visible from the public right-of-way.
(b)Â
Such equipment may be installed on a new structure or a new
addition to an existing structure, provided that the equipment is
not visible from the public right-of-way.
(c)Â
Such equipment may be installed on a nonhistoric accessory structure,
provided that it is not visible from the public right-of-way.
(2)Â
Solar panels, satellite dishes and similar utility equipment
may be installed in the side or rear yard area of the property, provided
that it is screened from view of the public right-of-way.
A.Â
In regard to an application to demolish or relocate an historic landmark
or an historic district Resource, the following matter shall be considered:
(1)Â
Its current and potential use for those purposes currently permitted
by the Zoning Ordinance or for the use proposed.
(2)Â
The probable impact of its removal upon the ambiance of the
historic landmark or historic district.
(3)Â
The structural soundness and integrity of the building, structure,
site, object or improvement and the economic feasibility of restoring
or rehabilitating same so as to comply with the requirements of the
applicable construction codes.
(4)Â
The compelling reason for not retaining the building, structure,
site, object or improvement at its present location, the proximity
of the proposed new location and its accessibility to residents of
the municipality, and the probability of significant damage to the
building, structure, site, object or improvement as a result of the
relocation.
(5)Â
The compatibility, nature and character of the current and the
proposed surrounding areas as they relate to the intent and purposes
of this article and whether the proposed new location is visually
compatible in accordance with the standards set forth herein.
B.Â
Procedure.
(1)Â
Where demolition is denied. In the event of a denial of an application
for a certificate of appropriateness to demolish an historic landmark
or a building, structure, site, object or improvement located in an
historic district, the owner shall, nevertheless, as a matter of right,
be entitled to the issuance of a certificate of appropriateness to
raze or demolish same, provided that all of the following requirements
have been fully met:
[Amended 10-5-2015 by Ord. No. 1799-2015]
(a)Â
Appeal to Zoning Board of Adjustment. The owner has applied
for the necessary certificate of appropriateness and has received
notice of denial of same from the Zoning Official based on the report
from the Planning Board or the Historic Preservation Commission if
so authorized and has appealed to the Zoning Board of Adjustment,
which has affirmed such denial.
(b)Â
Sale for fair market value. The owner has, prior to seeking
demolition, for a period of at least 180 days (the "offer period"),
and at a price reasonably related to its fair market value, made a
bona fide offer to sell such building, structure, site, object or
improvement and the land pertaining thereto to any person, entity,
organization, government or political subdivision thereof which gives
reasonable assurance that it is willing to preserve the building,
structure, site, object or improvement and the land pertaining thereto.
(c)Â
Demolition notice posted and publication. Notice of any proposed
demolition shall be posted on the exterior premises of the building,
structure, site, object or improvement throughout the notice period
in a location such that it is clearly readable. In addition, the applicant
shall cause to be published in the official newspaper of the Township
a notice setting forth the following:
[1]Â
The applicant's intent to demolish, including a description
of the subject property (by block and lot as well as by physical location)
and a description of the building, structure, site, object or improvement
to be demolished; and
[2]Â
The applicant's proposed use of the property following demolition;
and
[3]Â
The anticipated time frame(s) associated with the demolition;
and
[4]Â
A statement indicating that the applicant shall consider any
and all bona fide offers to sell the property to any person who wishes
to preserve the building, structure, site, object or improvement;
and
[5]Â
The applicant's name and address, along with a telephone number
where the applicant may be reached during normal business hours by
any interested person who wishes to discuss the proposed demolition
and/or to make an offer to purchase the property as set forth above.
The notice shall be published as follows:
[a]Â
At least once within the first 10 days of the notice
period; and
[b]Â
At least once within the period of time that is
not less than 10 nor more than 15 days prior to the expiration of
the notice period; and
[c]Â
At least once each 20 days between the above first
and last notifications.
[d]Â
At the conclusion of the notice period, if the
applicant still wishes to demolish the subject building, structure,
site, object or improvement, it shall, prior to performing the demolition,
perform the following:
[i]Â
Advise the Commission in writing of its intention
to proceed with the demolition; and
[ii]Â
Certify in writing to its compliance with the provisions of Subsection B(1)(b) above relating to the one-hundred-eighty-day "offer period"; and
[iii]Â
Provide the Commission with a copy of the notice
that appeared in the official newspaper of the Township and a listing
of all dates on which the said notice appeared in the newspaper; and
[iv]Â
Advise the Commission in writing as to whether
any interested persons submitted an offer or offers to purchase the
property, whether during the one-hundred-eighty-day "offer period"
or following the newspaper noticing referenced above, and set forth
the terms and conditions relating to said offer(s) and the results
of any negotiations pertaining thereto; and
[v]Â
File copies of the affidavits of publication relating
to the newspaper noticing with the Commission.
(d)Â
Pinelands Area. If the structure is located in a Pineland Area
the applicant shall have received correspondence from the New Jersey
Pinelands Commission concurring that preservation in place is economically
infeasible and that recordation of the resource is an appropriate
treatment.
(e)Â
Notice period. The period of time during which notice must be
given in manner hereinbefore set forth shall be known as the "notice
period" which shall commence on the 10th day following the date of
the notice of denial of the appeal from the Zoning Board of Adjustment
and such notice period shall run for a period of time of 60 days.
(2)Â
Assignment. No assignment of the rights granted by a certificate
of appropriateness to demolish shall be permitted.
(3)Â
Expiration of approval.
(a)Â
In cases where demolition is permitted, the certificate of appropriateness
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended.
(b)Â
At the time of issuance of the certificate of appropriateness
to demolish, the Zoning Official shall designate the period of time
(within the one-year approval period) within which demolition must
be completed.
(4)Â
Approval after change of circumstances. The Commission may at
any time during such notice period, if a significant change in circumstances
occurs, approve a certificate of appropriateness to demolish, in which
event, a permit from the Zoning Official shall be issued within 10
days thereafter.
It shall be the duty of all municipal officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a certificate of
appropriateness permit. If it should, the official shall inform both
the Zoning Official and the applicant, as well as the Historic Preservation
Commission.
The violations and penalties provisions of § 203-218 shall be applicable to any person undertaking any activity with regard to an historic landmark or property located within an historic district without first having obtained and posted a certificate of appropriateness as provided in this chapter.
