[Added by Ord. No. 3141, 5-3-1988, § 4; amended by Ord. No. 3891, 7-26-2005, § 1]
(b)
Composition.
(1)
The Commission shall consist of seven members and two alternate
members. Of the seven regular Commission members, at least one member
shall be of Class A, at least one member shall be of Class B and three
of the seven shall be either Class A or Class B, defined as follows:
a.
Class A. A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality.
b.
Class B. A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
c.
Class C. Those regular members who are not designated as Class
A or B. Class C members shall be citizens of the municipality who
shall hold no other municipal office, position or employment, except
they may be a member of the Planning Board or Board of Adjustment.
(2)
Alternate members shall meet the qualifications of Class C members.
(c)
Appointment of members; terms; vacancies.
(1)
The Municipal Manager shall appoint 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."
(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 over 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 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.
(3)
A vacancy occurring otherwise than by expiration of term shall
be filled for the unexpired term only. Notwithstanding any other provision
herein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall be for the term of membership
on the Planning Board, and the term of any member common to the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
(d)
Organization. The Commission shall elect from its membership a Chairperson
and a Vice Chairperson.
(e)
Establishment of rules and regulations. The Commission shall create
rules and procedures for the transaction of its business subject to
the following regulations:
(1)
A quorum for the transaction of business shall consist of four
of the Commission's members, including the Chairperson or, in his/her
absence, the Vice Chairperson, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
(2)
The Commission shall appoint a secretary who need not be a member
of the Commission. The secretary shall keep minutes and records of
all meetings and proceedings, including voting records, attendance,
resolutions, findings, determination and decision. All such material
shall be public records.
a.
All meetings shall comply with the Open Public Meetings Act,
N.J.S.A. 10:4-7 et seq.
b.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the date of the hearing during normal business hours in the
office of the Secretary of the Commission.
c.
The Chairperson of the Commission, or such other person as he/she
may designate, shall have the power to administer oaths or issue subpoenas
to compel the attendance of witnesses or the production of relevant
evidence.
d.
The testimony of all witnesses relating to an application shall
be taken under oath, and the right of cross-examination shall be permitted
to all interested parties through their attorneys, if represented,
or, if not represented, subject to the discretion of the Chairperson,
by the interested parties themselves. Direct cross-examination by
interested parties may be subject to reasonable limitations as time
and number of witnesses require.
e.
Technical rules of evidence shall not be applicable to the hearing,
but the Commission may exclude irrelevant, immaterial or unduly repetitious
evidence. The Commission shall provide for the verbatim recording
of all hearings by either stenographer, mechanical or electronic means.
The Commission shall furnish a transcript of the hearing on request
to any interested party at his expense. Such transcript shall be certified
in writing by the transcriber to be accurate.
(f)
No compensation. The Commission members shall serve without compensation.
(g)
Budget. Within the limits of funds appropriated for the performance
of its work, grants and gifts, the Commission may obtain the services
of qualified persons to direct, advise and assist the Commission and
may obtain the equipment, supplies and other material necessary to
its effective operation.
(h)
Departmental assistance. The Commission is empowered to seek advisory
opinions and technical assistance from all municipal employees on
any matter within the Commission's jurisdiction. The Commission shall
obtain its legal counsel from the Township Attorney at the rate of
compensation determined by the Township Council.
(i)
Powers and duties. The Commission shall have the power and the responsibility
to:
(1)
Prepare a survey of historic sites of the Township pursuant to § 33-21.2 hereof and to criteria identified in the survey report.
(2)
Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements;
(3)
Advise the Planning Board on the inclusion of historic sites
in the recommended capital improvement program;
(4)
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110;
(5)
Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of Article V, Zoning, provisions concerning historic preservation;
(6)
Hear and decide applications for certificates of appropriateness pursuant to § 33-21.3 hereof; and
(7)
Carry out such advisory, educational and informational functions
as will promote historic preservation in the Township.
[Added by Ord. No. 3141, 5-3-1988, § 5; amended by Ord. No. 3280, 11-13-1990, § 1; Ord.
No. 3380, 12-21-1993, § 1; Ord. No. 3383, 1-11-1994, § 1; Ord.
No. 3928, 1-10-2006, § 1; Ord. No. 3939, 4-4-2006, § 1; Ord.
No. 3968, 10-24-2006, § 1; Ord. No. 4055, 3-4-2008, § 1; Ord.
No. 4093, 9-23-2008, § 1]
(a)
Preparation of survey. The Commission shall make a comprehensive
survey of the Township of Teaneck for the purpose of identifying historic
districts and historic sites which are worthy of protection and preservation.
(b)
Documentation and notification. Based on the survey or upon the recommendation
of concerned citizens, the Commission shall document the importance
and historical significance to the municipality, state or nation of
each historic site designation in terms of the purposes and criteria
set forth in this article. Thereafter, the Commission, by certified
mail, shall:
(c)
List to be made public; hearings.
(1)
The Commission shall, as soon as practicable, make public a
complete list of the tentatively designated historic sites and districts,
specifying the location, boundaries and proper names thereof and,
in each case, the reason for such designation. In designating any
historic site or historic district, the Commission may exempt any
improvement or any portion of any Tax Map lot, the demolition or alteration
or improving of which would not affect the historic site or district
as to the purpose and criteria set forth in this article. Such exemption
shall only be for good cause shown and upon affirmative vote of 2/3
of the full authorized membership of the Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The tentative list shall thereafter be submitted at a public
hearing for examination and comment by the public. Interested persons
shall be entitled to present their opinions, suggestions and objections
at this public hearing. A list showing all proposed historic districts
and historic sites shall be published, together with notice of the
hearing on same, in the official newspaper of the Township not less
than 10 days before such hearing is to be held.
(d)
Final decision by Commission. After full consideration of the evidence
brought forth at the special hearing, the Commission shall make its
final decisions on the designations and shall issue its final report
to the public stating reasons in support of its actions with respect
to each historic site and historic district designation.
(e)
Submission of list to Township Clerk and Planning Board. The list
shall be submitted thereafter to the Township Clerk and the Planning
Board. The Township Council shall then consider whether to adopt the
designation list by Zoning Ordinance amendment and Official Map amendment
pursuant to N.J.S.A. 40:55D-32. Once adopted, the designation list
may be amended in the same manner in which it was adopted.
(f)
Distribution of designation list. Copies of the designation list,
as adopted, shall be made public and distributed to all municipal
agencies reviewing development applications and all municipal agencies
responsible for issuing building and housing permits. A certificate
of designation shall be served by certified mail upon the owner of
each site included in the final list, and a true copy thereof shall
be filed with the County Clerk for recordation in the same manner
as certificates of lien upon real property.
(g)
Placement of plaques. Each designated historic district or historic
site may be marked by an appropriate plaque, in such form as the Commission
shall promulgate by regulation.
(h)
Criteria for designation of an historic site or historic district.
In considering an individual site, building, structure, district or
landscape for becoming designated as historically, architecturally
or archaeologically significant, the Historic Preservation Commission
shall give consideration to the following criteria:
(1)
It is associated with events that have made a significant contribution
to the broad patterns of our history.
(2)
It is associated with the lives of persons significant in our
past.
(3)
It embodies the distinctive characteristics of type, period
or method of construction, or it represents the work of a master or
possesses high artistic values or represents a significant and distinguishable
entity whose components may lack individual distinction.
(4)
It yielded, or may be likely to yield, information important
in prehistory or history.
(5)
It is of particular historic, cultural, scenic or architectural
significance to the Township of Teaneck or the County of Bergen, and
in which the broad cultural, political, scenic, economic or social
history of the nation, state or locality is reflected or exemplified.
(6)
Ordinarily, cemeteries, birthplaces or graves of historical
figures, properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative
in nature and properties that have achieved significance within the
past 50 years are not to be worthy of qualification as an historic
site or district. However, such properties may qualify if they are
integral parts of districts that do meet the criteria or if they fall
within the following categories:
a.
A religious property deriving primary significance from architectural
or artistic distinction or historical importance;
b.
A building or structure removed from its original location but
which is significant primarily for architectural value or which is
the surviving structure most importantly associated with an historic
person or event;
c.
A birthplace or grave of an historical figure of outstanding
importance, if there is no other appropriate site or building directly
associated with his productive life;
d.
A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, from distinctive
design features or from association with historic events;
e.
A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan and when no other building or structure with the same
association has survived;
f.
A property primarily commemorative in intent if design, age,
tradition or symbolic value has invested it with its own historical
significance; or
g.
A property achieving significance within the past 50 years if
it is of exceptional importance.
(i)
Designation of historic sites. The following sites are hereby designated as historic sites pursuant to §§ 33-3 and 33-21.2 of the Teaneck Township Code:
(1)
The John Ackerman House, 1286 River Road, Block 1402, Lot 6.
(2)
The Kip-Cadmus House, 666 River Road, Block 212, Lot 15.
(3)
The Banta-Coe House, 884 Lone Pine Road, Block 301, Lot 4.
(4)
The Adam Vandelinda House, 586 Teaneck Road, Block 3104, Lot
33.
(5)
The Brinkerhoff-Demarest House, 493 Teaneck Road, Block 3705,
Lot 5.
(6)
The James Vandelinda House, 566 Teaneck Road, Block 3111, Lot
29.
(7)
The Caspar Westervelt House, 20 Sherwood Road, Block 3309, Lot
5.
(8)
Thurnauer House (628 North Forest Drive, Block 1607, Lot 1)
and Lutheran (Van Buskirk) Church Cemetery (Maitland Avenue and Andreas
Park).
(9)
Christian Cole House (1617 River Road, Block 1201, Lot 19).
(10)
Old Burial Ground (662 Pomander Walk, Block 212, Lot 2).
(11)
Louis Bourgeois House (114 Bogert Street, Block 4909, Lot 1).
(12)
John I. Post House (790 Old Newbridge Road, Block 1001, Lot
4).
(13)
George V. Demarest House (12 Degraw Avenue, Block 3216, Lot
11).
(14)
Ende-Sutherland House (720 Roemer Avenue, Block 1103, Lot 3).
[Added by Ord. No. 3141, 5-3-1988, § 6]
(a)
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Commission
shall be required before a permit is issued for the following or,
in the event that no other type of permit is otherwise required, before
work can commence on any of the following activities on the property
of any historic site or within any historic district:
(1)
Demolition of an historic site or any improvement within an
historic district.
(2)
Relocation of any historic site or any improvement within an
historic district.
(3)
Change in the exterior appearance of any existing historic site
or any improvement within an historic district by addition, alteration
or replacement.
(4)
Any new construction of a principal or accessory structure or
any subdivision of property which would allow new construction of
a principal or accessory structure.
(5)
Changes in or addition of new signs or exterior lighting, except
that no certificate of appropriateness shall be required for one unlit
sign per premises, if the surface area of such sign does not exceed
one square foot for an identification sign or four square feet for
a commercial sign, provided that either of the same is attached to
and parallel to a facade of the building or structure.
(b)
Exceptions.
(1)
A certificate of appropriateness shall not be required for any
repainting, repair or exact replacement of an existing improvement.
In the event that the color or exterior surface material of the improvement
shall be changed as a result of such repainting, repair or exact replacement,
a certificate of appropriateness shall not be required if the new
color or exterior surface is one that has been previously approved
by regulations duly promulgated by the Commission for similar improvement
in that district or as to that historic site. In the event that the
repainting, repair or exact replacement does not conform to said regulations,
a certificate of appropriateness shall be required.
(2)
In terms of an exact replacement of finishes, materials or architectural
elements, it is understood that the Commission would prefer an applicant
to maintain, stabilize and repair the original or existing finishes,
materials and architectural elements before considering the replacement
of the same. However, should the original or existing finishes, materials
or architectural elements be of such a deteriorated condition as to
require replacement, the new finishes, materials or architectural
elements should be designed and installed to replicate the material,
color, size, contour, configuration and design of that which is being
replaced.
[Added by Ord. No. 3141, 5-3-1988, § 7]
(a)
Application procedure. Applications for classification and applications
for a certificate of appropriateness shall be made on forms available
from either the Township Clerk or the Commission Secretary. Completed
applications shall be delivered to the Secretary of the Commission.
(b)
Classification. All applications for a certificate of appropriateness
shall first be classified in accordance with the relief requested.
(1)
Major application. If the action for which the certificate of
appropriateness is requested involves demolition or the removal of
an historic site or any part thereof; or an addition thereto; or the
construction of a new structure on an historic site; or will substantially
affect those characteristics of the historic site listed on its historic
site designation; or, in the case of a structure within a historic
district, will substantially affect the characteristics of the district
listed on the district's historic site designation, the Commission
shall classify the application as a major application, in which event
a formal application will be required as more specifically set forth
herein.
(2)
Minor application. If the action for which the certificate of
appropriateness is requested is not major, as heretofore described,
it shall be classified as a minor application and disposed of summarily
as hereinafter set forth.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
Hearing procedure.
(1)
Minor applications may be heard and decided immediately upon
classification if it is determined by the Commission, in its discretion,
that there is sufficient evidence on the record to make a determination
and that no adjacent property may be adversely affected by the proposed
action.
(2)
In the absence of such a determination or in the case of a major
application, an applicant shall, upon classification and as a condition
precedent to a formal hearing by the Commission, do the following;
(d)
Decision. The Historic Preservation Commission shall reach a decision
on the application within 45 days after the Secretary has declared
an application to be complete; otherwise, the application shall be
deemed to have been approved. Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Historic Preservation
Commission. The Commission may advise the applicant and make recommendations
in regard to the appropriateness of proposed action and may grant
approval upon such conditions as it deems appropriate within the intent
and purposes of this article.
(e)
Memorialization resolution. The Commission shall set forth its decision
on each application in resolution form with findings of fact and conclusions.
The resolution shall be approved by the Commission and only those
members who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution.
(f)
Notice of decision. If an application is approved, the Historic Preservation
Commission shall forthwith issue a certificate of appropriateness
and provide the same with a certified copy of the resolution to the
applicant, the Planning Board, the Construction Official and such
other municipal departments or officers as the Commission shall determine.
In case of disapproval, the same persons and entities shall be notified
in writing of such resolution of disapproval with a certified copy
thereof. A summary of the Commission's action shall also be published
in a newspaper of general circulation in the Township.
[Added by Ord. No. 3141, 5-3-1988, § 8]
(a)
Demolitions. 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 and social significance.
(3)
Its importance to the municipality and the extent to which its
historic or architectural 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 could not be reproduced
or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote the general
welfare by maintaining and increasing real estate values; generating
business; creating new jobs; attracting tourists, students, writers,
historians, artists and artisans; attracting new residents; encouraging
study and interest in American history; stimulating interest and study
in architecture and design; educating citizens in American culture
and heritage; and/or making the Township a more attractive and desirable
place in which to live.
(6)
If it is within a historic district, the probable impact of
its removal upon the ambience of the historic district.
(b)
Removals out of the municipality. In regard to an application to
move an historic landmark or any structure within an historic district
to a location outside the municipality, the following matters shall
be considered:
(1)
The historic loss to the site of original location.
(2)
The compelling reasons for not retaining the landmark or structure
at its present site.
(3)
The proximity of the proposed new location to the municipality,
including the accessibility to the residents of the municipality and
other citizens.
(4)
The probability of significant damage to the structure as a
result of the move.
(5)
The applicable matters listed in Subsection (a).
(c)
Removals within the municipality. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the municipality, the following matters shall be considered in addition to the matters listed in Subsection (b):
(1)
The compatibility, nature and character of the current and of
the proposed surrounding areas as they relate to the intent and purposes
of this article.
(2)
If the proposed new location is within an historic district,
the visual compatibility factors should be as set forth in Subsection
(g) hereof.
(d)
Visual compatibility considered for additions or removals. In regard to an application to construct a new structure in an historic district or on an historic site or to add to or alter an existing landmark structure, the visual compatibility of the proposed addition or alteration with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in Subsection (g) hereof.
(e)
Considerations on other actions. In regard to an application for other approval of any proposed action as set forth in § 33-21.3(a) hereof, the following matters shall be considered:
(1)
If an historic site or a structure in an historic district is
involved:
a.
The impact of the proposed change on its historic and architectural
character;
b.
Its importance to the Township and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest; and
c.
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect
the public's view of an historic site or structure within an historic
district from a public street.
(4)
If the application deals with a structure within an historic
district, the impact the proposed change would have on the character
and ambience of the historic district 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
Subsection (g) hereof.
(f)
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered, but in no instance shall interior
arrangement be considered.
(g)
Visual compatibility factors. The following factors shall be used
in determining the visual compatibility of a building, structure or
appurtenance thereof with the buildings and places to which it is
visually related:
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
(3)
Proportion of openings within the facility. The relationship
of the width of the windows to the height of the windows in a building
shall be visually compatible with the buildings and places to which
it is visually related.
(4)
Rhythm of solids to voids on front facade. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the buildings and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship
of entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually
compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building, such as walls,
open-type fencing and evergreen landscape masses, shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the building with the buildings and places
to which it is visually related.
(10)
Scale of building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
(11)
Directional expression of front facade. 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.
[Added by Ord. No. 3141, 5-3-1988, § 9]
(a)
Approved certificate deemed positive recommendation. If a certificate
of appropriateness has been issued for an application that requires
approval of the Planning Board or Board of Adjustment, the certificate
shall be deemed to be a positive recommendation to that body as to
the historic preservation aspects of the development application before
it. The Planning Board or Board of Adjustment may, nevertheless, affirm
or deny the application based upon the entire record before it.
(b)
Denial of certificate. If a certificate of appropriateness is denied
by the Commission, notwithstanding any approval by the Planning Board
or Board of Adjustment, the administrative officer charged with issuing
the permit for which the action or development application relates
shall deny issuance, pursuant to N.J.S.A. 40:55D-111.
(c)
Approval with conditions. If a certificate of appropriateness is
approved with conditions, the administrative officer shall include
the conditions in the permit.
(d)
Lapse after two years. If the action to which the certificate of
appropriateness has been issued is not substantially completed within
two years of the date of approval by the Commission or within an extended
period or periods granted by the Commission, as the Commission may
deem it in the public interest to grant, then the certificate shall
lapse and be of no further force and effect.
(e)
Appeals relating to certificate of appropriateness. The denial of
a certificate of appropriateness or any of the conditions of an approval
may be appealed by the applicant to the Board of Adjustment under
N.J.S.A. 40:55D-70a and b. Further appeals may be taken as provided
by law.
[Added by Ord. No. 3141, 5-3-1988, § 10]
(a)
Violations. Any person who shall undertake any action which requires
a certificate of appropriateness under this article, without first
having obtained a certificate of appropriateness, shall be deemed
to be in violation of this article.
(b)
Service of notice of violation. Upon learning of the violation, the
appropriate Construction Official or Zoning Officer shall personally
serve upon the owner of the property 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 to its
status quo ante. If the owner cannot be personally served within the
municipality with the said notice, a copy shall be posted on the site
and a copy sent by certified mail, return receipt requested, to the
owner at his last-known address, as it appears on the municipal tax
rolls.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(c)
Issuance of summons and complaint. In the event that the violation
is not abated within the specified ten-day period following service
and/or posting on the site, whichever is earlier, the Construction
Official or Zoning Officer shall cause to be issued a summons and
complaint, returnable in the Municipal Court, charging a violation
or violations of this article. Each separate day the violation exists
shall be deemed to be a new and separate violation of this article.
(e)
Injunctive relief. In the event that any action which would permanently
and/or adversely change the historic site or historic district, such
as demolition or removal, is about to occur without a certificate
of appropriateness having been issued, the Zoning Officer or Construction
Official is hereby authorized to apply to the Superior Court of New
Jersey for such injunctive relief as is necessary to prevent the destruction
of any such historic site or district.
[Added by Ord. No. 3141, 5-3-1988, § 11]
(a)
Priority. Recognizing the need for preventive maintenance to ensure
the continued useful life of historic sites and structures in historic
districts, the Township Council hereby declares that code enforcement
vis-a-vis historic sites and structures in historic districts is a
high municipal priority.
(b)
Deterioration and service of notice of violation. In the event that
any historic site or improvement in an historic district deteriorates
to the point that, in the best estimate of the Construction Official,
the cost of correcting building and other Code violations equals more
than 25% of the cost of replacing the entire improvement on which
the violations occur, the Construction Official shall serve personally
or by certified mail, return receipt requested, a notice on the owner
of the historic site, listing the violations, the estimated cost of
abatement and the replacement cost of the improvement and stating
that if the owner does not take all necessary remedial action within
90 days, or such extensions as the Construction Official shall, for
good cause, grant, the Township may, at the expiration of the 90 days,
enter upon the property and abate such violations itself and cause
the cost thereof to become a lien on the property.
(c)
Request for hearing by property owner.
(1)
Upon receipt of such notice, the owner may, within 10 days after
such receipt, notify the Construction Official of his wish to have
a hearing as to the allegations and estimates set forth in the Construction
Official's notice. Such hearing shall be conducted by the Township
Manager and shall, so far as possible, be a formal adversary proceeding
in which the Construction Official shall establish the matters alleged
in the notice by a preponderance of the evidence.
(2)
If the owner does not request a hearing, the procedures set
forth in Subsection (b) above shall obtain. If a hearing is requested,
the Township Manager shall, within 10 days following the hearing,
serve on the owner an opinion in writing setting forth his conclusions
and the reasons therefor. Such opinion shall be deemed to be a first
notice pursuant to Subsection (b) thereof.
(d)
Violation abatement by Township. Thereafter, if the owner does not
comply, the Construction Official may enter onto the premises and,
by use of municipal labor or outside contractors or both, perform
such work as is necessary to abate all violations.
(e)
The Construction Official shall then certify to the Township Council
the cost of such work, plus all administrative, clerical and legal
costs and overhead attributable thereto, and shall present the same
to the Township Council.
(f)
The Township Council may, by resolution, vote to cause the sum so
certified to become a lien upon the historic site, payable with the
next quarter's property taxes and, if not then paid, bearing interest
at the same rate as delinquent taxes.
[Added by Ord. No. 3141, 5-3-1988, § 12]
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 and, if it should, to inform both the Secretary of
the Commission and the applicant.
