Terms. Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter, have the meaning as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged or its most recent edition thereof. Moreover, whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless specified to the contrary in this chapter. Where improvements are governed by the New Jersey Residential Site Improvement Standards (RSIS), such terms shall have the same meaning as in N.J.A.C. Title 5, Chapter 21.
Words and Terms. Unless otherwise expressly stated or the context
otherwise requires, the following words and terms, for the purpose
of this chapter or any rules and regulations later adopted hereunder,
shall have the meanings as indicated:
An extension or increase in the size, floor area, lot coverage,
or height of any building, structure, site, object, improvement, or
landmark.
The City employee or officer, or alternate, appointed by
the Mayor, who is responsible for various administrative duties set
forth herein.
Any activity or proposed work shall be deemed to be "affecting a designated historic landmark" if the construction code official, Historic Preservation Commission, Zoning Board of Adjustment, Planning Board, or governing body shall so find pursuant to the general criteria for review in Article V, § 180-18 of this chapter; or if aforesaid activity or work is proposed to be conducted on a property or lot that is partly or entirely within:
Any change in the exterior features; rearrangement in the
structural parts or in the existing facilities; an addition; moving
any building, structure, object, or improvement or combination of
them from one location or position to another; changes to the appearance
of an exterior surface other than paint except for new paint applied
to historically unpainted surfaces; changes or modifications to its
historic features; and addition of a sign or the enlargement of any
existing sign. "Alterations" does not mean painting or cleaning except
new paint applied to historically unpainted surfaces; ordinary maintenance
and repairs; or repairs on an existing property, site, building, structure,
or improvement, after a sudden disaster (such as a storm, flood, or
fire), for the limited purposes of protecting human life and human
safety, and, to the extent then possible, protecting the historic
resource from further damage.
A request to the commission made pursuant to this chapter
for the purposes of obtaining a certificate of appropriateness or
other action by the Historic Preservation Commission hereunder specified.
An application to the Planning Board or the Zoning Board
of Adjustment of the City of Bordentown for approval of a major or
minor subdivision, plat, or site plan, planned development, conditional
use, or zoning variance, or an application for the construction, reconstruction,
conversion, alteration, relocation, or enlargement of any building
or other structure, excavation, or landfill, or for any use, or change
in the use, of any building, or other structure, or of any parcel
of land, for which permission may be required pursuant to the Municipal
Land Use Law.
Any man-made structure created principally to shelter any
form of human activity as well as its functionally related appurtenances
or improvements such as a house and a barn. Human activity includes
business, education, habitation, manufacture, religion, shelter, storage,
trade, transportation, and the like.
That permit issued by the Historic Preservation Commission
which is required before any work may be commenced on any historic
landmark or any building, structure, site, object, or improvement,
located within an historic district.
The Historic Preservation Commission established pursuant to the provisions of this chapter; it acts as the Historic Preservation Commission referred to in the Municipal Land Use Law and cited as N.J.S.A. 40:55D-107 et seq., and as set forth in Chapter 180 of the General Code of the City of Bordentown.
The officer in charge of the granting of building or construction
permits in the City.
The partial or total razing, dismantling, "gutting," or destruction,
whether entirely or in part, of any designated property, site, building,
structure, object, or improvement, or the obliteration of any natural
feature. Demolition includes the removal of a property, site, building,
structure, object, or improvement from its location, or the removal,
or destruction, of its facade, surface, or cultural, historical, archaeological,
or architectural elements.
An individual building, structure, site, object, improvement
or district which has been determined to have historical, architectural,
archeological, cultural, engineering, aesthetic, or other significance
pursuant to the provisions of this chapter.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alterations,
relocation, or enlargement of any building or structure, or of any
mining, excavation, or landfill, and any use, or change in the use,
of any building, or other structure, or land, or use of land, for
which permission may be required pursuant to the Municipal Land Use
Law (N.J.S.A. 40:44D-4).
Having historical, cultural, architectural, archeological,
aesthetic, economic, engineering, social, or other significance as
defined by the provisions of this chapter, whether from an historic
or prehistoric era.
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites. (See N.J.S.A. 40:55D-4). For the purposes
of this chapter, "historic district" shall further mean such overlay
zone district or districts as are identified on the Zoning Map of
the City of Bordentown pursuant to N.J.S.A. 40:55D-65.1.
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 buildings, structures, sites, objects or improvements which do not add to the historic architectural qualities, historic associations, or archaeological values for which an historic district is significant because:
They were not present during the period of significance; or
They longer possess historic integrity reflecting its character
at that time or are incapable of yielding important information about
the period due to alterations, disturbances, additions, or other changes;
or
They do not independently meet the National Register criteria.
Any buildings, structures, sites, objects, improvements,
or districts, which possess integrity of location, design, setting,
materials, workmanship, and association, which have been determined,
pursuant to the terms of this chapter, to meet one or more of the
following criteria:
Of particular historic significance to the City of Bordentown
by reflecting or exemplifying the broad cultural, political, economic,
or social history of the nation, state or community; or
Associated with the historic personages important in national,
state, or local history; or
The site of an historic event which had a significant effect
on the development of the nation, state, or community; or
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering; or
Representative of the work or works of a locally, regionally,
or nationally important or recognized builder, designer, artist, or
architect; or
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory
or history.
Any prehistoric or historic district, site, building, structure,
or object included in or eligible for inclusion in the historic preservation
element of the Master Plan.
Any property, whether real or personal, man-made structure,
natural object or configuration, or any portion or group of the foregoing
of historical, archaeological, cultural, scenic, or architectural
significance. (See N.J.S.A. 40:55D-4) For the purposes of this chapter,
"historic site" shall further mean such sites as have been identified
in the Master Plan as meeting the above-listed criteria.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction of installation for a period of time not less than 120
continuous days.
Same material, color, shape, quality, and appearance, based
on historic research and physical evidence of essential form and detailing
of historical materials, or features. All changes must maintain integrity.
Historic components must be documented in place ("in situ") as required
by the Historic Preservation Commission (with photos, measurements,
profiles, and drawings) prior to in-kind treatment, repair or replacement.
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively to convey its significance.
A list of surveyed historic properties determined to meet
criteria of significance specified herein.
A building, structure, site, or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage, or cultural characteristics of the City, state,
or nation, and which has been designated as a landmark pursuant to
the provisions of this chapter. (See N.J.S.A. 40:55D-112).
A geographic area with distinctly definable boundaries composed
of several buildings or sites which:
The Master Plan of the City of Bordentown, 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 a key
or contributing resource in an historic district;
Does not involve an addition to a property in an historic district
or new construction in an historic district;
Is a request for approval of in-kind fences, signs, lighting,
paving, trim, shutters, or streetscape work, which strictly complies
with the adopted design guidelines for the proposed improvement and
which, in opinion of the chair in consultation with the Application
Review Subcommittee, will not substantially affect the characteristics
of the historic landmark and/or the historic district; or
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 evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
A material thing of functional, aesthetic, cultural, historic,
scenic, engineering, archaeological, or scientific value that may
be, by nature or design, movable yet related to a specific setting
or environment.
The repair of any ordinary deterioration, wear, or damage
to a structure or any part thereof, from its intended, normal, operation,
or use, in order to return the same as nearly as practicable to its
condition, operation, and appearance prior to the occurrence of such
deterioration, wear, or damage with in-kind material and quality workmanship
and having the same appearance. "Ordinary maintenance and repair"
shall include routine maintenance or cyclical maintenance.
Any person having a right, title, or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition, or other work with respect to such
property. "Owner" shall include a person or legal entity that has
the actual or apparent authority from the owner to act on the owner's
behalf.
A finite area of land, as designated by its boundaries on
the Zoning Map, through which additional, specific, and uniform regulations
govern land and structures on a geographic area but do not change
the underlying zoning.
Any required approval, including but not limited to a certificate
of appropriateness, construction permit, demolition permit, or a zoning
permit.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic property.
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. Archeological resources will be protected and
preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken. New exterior additions are not within
the scope of "preservation"; however, the limited and sensitive upgrading
of mechanical, electrical, and plumbing systems, and other code-required
work, to make properties functional is appropriate within a preservation
project.
A system of comparative relationships with respect to size,
shape, and amount, especially in relation to the whole. Systems of
proportion govern the relationships between and among design aspects
of property, site, building, building elements, improvements, objects,
district, streetscape, and setting. Proportion applies at all scales.
Generally, the goal of a proportional system is to produce a sense
of order, coherence, and harmony between and among the parts, things,
or elements.
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 to cover or shield the property
from damage or destruction.
The act or process of depicting, or 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 in its historic location when documentary and physical evidence
is available.
The act or process of making possible an efficient compatible
contemporary use for a property through repair, alterations, or additions,
while preserving those portions or features of the property that convey
its historical, cultural, archaeological, or architectural values.
Any physical work done on an improvement that is not an addition
and does not change the exterior appearance, or historic or cultural
features, of any improvement; provided, however, that any such repairs
must be done with materials and workmanship of the same quality as
the existing materials and workmanship of the improvement.
The act or process of replicating any feature that is used
to substitute for an existing and deteriorated or extensively damaged
feature.
To partially or completely cause a structure, building, improvement,
or object, or portion thereof, to change to another location, position,
station, or residence.
The act or process of accurately recovering the form, details,
features, and character of a property and its setting as it appeared
at a particular period of time. It may sometimes mean the removal
of features from other periods in its history and reconstruction or
replacement of missing features from the restoration period. Restoration
shall include documentation, retention, preservation, and safekeeping
of features removed that are from other periods and which have acquired
cultural, historic, or architectural value of their own. The limited
and sensitive upgrading of mechanical, electrical, and plumbing systems
and other code-required work to make properties functional is appropriate
within a restoration project.
The standards and guidelines issued by the U.S. Department
of the Interior, National Park Service, pursuant to the Historic Preservation
Act; 36 CFR 67; and 36 CFR 68. They are intended to apply to a wide
range and wide variety of resource types, including buildings, sites,
structures, objects and districts. They address preservation, rehabilitation,
restoration, and reconstruction. The Treatment Standards, developed
in 1992, were codified as 36 CFR Part 68 in the July 12, 1995 Federal
Register (Vol. 60, No. 133), and Standards for Rehabilitation were
codified in 36 CFR 67. An illustrated publication regarding rehabilitation
was issued pursuant to the foregoing standards is available under
the title, "The Secretary of the Interior's Standards for Rehabilitation
and Illustrated Guidelines for Rehabilitating Historic Buildings"
(1991, reprinted 1997).
Any place, real property, or part, or combination of properties,
whether public or private, with or without improvements, which is
the location of a significant event or series of events, a prehistoric
or historic occupation or activity, a trail, route, building, structure,
or object, or any configuration, portion, or group of the foregoing,
whether standing, ruined, or vanished, where the location itself possesses
historical, cultural or archeological value regardless of the value
of any existing building, structure, or object, above or below the
property's surface.
The visual character of the street including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, color, sidewalks, curbing
and landscaping.
Any combination of materials used to form a construction
for the purposes of occupancy, use, or ornamentation, having a fixed
location, above or below the surface of land, or attached to something
having a fixed location on, above, or below the surface of the land.
For the purposes of this chapter only, the word "structure" shall
also include, but not be limited to, bridges, signs, fences, walls,
and paving materials.
Any incident, natural or man-made, or a series of incidents,
that occurs without sufficient advance warning to take measures to
protect or preserve a property, land, building, site, object, or improvements,
which incident causes significant damage to a property, building,
site, object, or improvements thereon. Sudden disaster shall include,
without limiting the foregoing, fire, flood, or storm damage. Sudden
disaster does not mean deterioration; wear over time due to ordinary
use; or damage related to neglect, failure, or willful refusal, by
a property owner or occupant, to perform ordinary maintenance and
repairs and preservation in a timely or workman-like manner; or failure
to take protective measures when there are advance warnings of impending
disaster. The existence of a "sudden disaster" shall be determined
by the Construction Official and/or Administrative Officer in consultation
with the Chair of the Historic Preservation Commission.
The process of identifying and gathering data on the City's
resources for the ascertainment of their historical, architectural,
archaeological, aesthetic, cultural, engineering, social, or other
significance. It includes a field survey that is the physical search
for and recording of historic resources on the ground, preliminary
planning and background research before the field, survey begins,
organization and presentation of survey data as the survey proceeds,
and the development of inventories.
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 vista means a view from a location on, near, or within a building,
structure, site, object, improvement, or a landscape.
