A.
Permits and applications. All permits and development applications
involving the development activities that affect an historic landmark
or an improvement within an historic district shall be reviewed by
the Commission. Such review shall be required for the following actions:
(1)
Demolition of an historic landmark or an improvement within an historic
district.
(2)
Relocation of any structure within an historic district or of any
historic landmark.
(3)
All changes in any historic features or the exterior architectural
appearance of any improvement within an historic district or of any
historic landmark by addition, alteration, or replacement.
(4)
Any new construction of an improvement in an historic district.
(5)
Site plans or subdivisions affecting an historic landmark or an improvement
within an historic district.
(6)
Zoning variances affecting an historic landmark or an improvement
within an historic district.
(7)
New paint being applied to historically unpainted surfaces.
(8)
Any work concerning fences, signs, lighting, paving, exterior sheathing,
trim, shutters, gutters, or streetscape work.
(9)
Any request for a field change for a certificate of appropriateness
which has already been issued.
A.
Emergency repairs. A certificate of appropriateness is not required
when an historic landmark requires immediate emergency repair due
to sudden disaster to preserve the continued habitability of the landmark,
the health and safety of its occupants or others, or its historic
features from further damage arising from sudden disaster. Nonemergency
repairs shall be subject to standard Historic Preservation Commission
review procedures and all requirements herein. Only emergency repairs
shall be performed following this expedited review procedure:
(1)
Emergency repairs may be performed in accordance with the applicable
construction codes immediately upon approval of the Construction Official
in consultation with the Historic Preservation Commission Chair and
the Application Review Subcommittee, who shall certify that a bona
fide emergency of the type described herein exists, without first
obtaining a certificate of appropriateness from the Historic Preservation
Commission. Under such circumstances only, the emergency repairs performed
shall be limited to repairs as are necessary to preserve the continued
habitability of the building or structure, the health and safety of
its occupants or others and/or to protect historic features from further
damage. Where feasible, temporary measures to prevent further damage
shall be used, provided these measures are reversible without damage
to the building or improvements.
(2)
Simultaneously with the commencement of the emergency work, the property
owner shall make a request for a certificate of appropriateness from
the Historic Preservation Commission memorializing the approval of
said emergency work. This request shall be made pursuant to the standard
procedures set forth in this chapter. A request for certificate of
appropriateness for emergency work shall not relieve the requirement
to make a request for certificate of appropriateness for all nonemergency
work.
(3)
Emergency review procedures in this section should be strictly limited
to those circumstances which, in the opinion of the Construction Official
in consultation with the Historic Preservation Commission Chair with
the recommendation of the Application Review Subcommittee, 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 certificate of appropriateness has been
granted by the Historic Preservation Commission and subsequent appropriate
approvals from the Construction Official.
B.
Interior structures. A certificate of appropriateness is not required
when for changes to the interior of structures (not open to public
view and not affecting the exterior).
C.
In-kind maintenance. A certificate of appropriateness is not required
for in-kind maintenance or repair of:
(1)
Existing windows and doors;
(2)
Existing roof material or shingles;
(3)
Existing roof structures such as dormers and chimneys;
(4)
Existing shingles, clapboards, or other siding; or
(5)
Existing signs, shutters, outdoor displays, fences, hedges, street
furniture, awnings, off-street driveway and parking material and sidewalks.
D.
Painting and cleaning. A certificate of appropriateness is not required
when painting or cleaning, except where it is proposed that new paint
be applied to historically unpainted surfaces.
Concept plan. At the request of the applicants considering action
that may require Commission review, the Commission shall grant an
informal review of a concept plan for the proposed undertaking. Neither
the applicant not the Commission shall be bound by any informal review.
A.
General criteria for review. In reviewing an application, or reviewing
whether proposed activity or work is affecting a landmark or historic
district, the Historic Preservation Commission, the Planning Board,
the Zoning Board of Adjustment, the City governing body, and all other
officials and agencies of the City responsible for the administration
of this chapter shall conduct their review based on the purposes and
provisions of this chapter, the Standards and Guidelines of the Secretary
of the Interior, and:
(1)
The impact of the proposed change on the historic, architectural,
and/or cultural significance of the landmark or landmark district;
(2)
The importance of the landmark as a key, contributing or noncontributing
building, structure, object, or site to the nation, state, region,
or municipality, and the extent to which its historic or architectural
interest would be adversely affected to the detriment of public interest;
(3)
The use of any landmark or landmark district involved in the proposed
change;
(4)
The extent to which the proposed action would adversely affect the
public's view from the street of a landmark, building, structure,
object, or site located within a landmark district;
(5)
The impact that the proposed change would have on the architectural
or historic significance of the landmark or landmark district and
the visual compatibility of the proposed change with adjacent buildings,
structures, objects and sites in accordance with the requirements
for design compatibility set forth herein.
B.
Rehabilitation of existing buildings, structures, objects, and sites.
In reviewing any application, the Commission shall make its recommendation
as to whether any application should be approved, approved with conditions,
or denied on the basis of the purposes and the provisions of this
chapter and the following standards for review (which are similar
to the Secretary of the Interior's "Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings," as hereafter
may be amended):
(1)
Every reasonable effort shall be made by the applicant to provide
a compatible use for a property which requires minimal alteration
of the building, structure, object, or site and its environment, or
to use a property for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures, objects and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, object, or
site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, object or site shall be
treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical, or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historical, architectural or cultural material,
or integrity, and such design is compatible with the proportions,
size, scale, color, material, and character of the property, neighborhood
or environment.
(9)
Whenever possible, new additions or alterations to structures shall
be done in such a manner that if such additions or alterations were
to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
C.
Design criteria for new construction.
(1)
It is not the intent of this chapter to discourage contemporary architectural
expression or to encourage new construction which emulates existing
buildings or historical architectural interest or of a certain period
of architectural style, but rather to preserve the integrity and authenticity
of an historic preservation district and to ensure the compatibility
of new structures therein.
(2)
In assessing the design of any proposed addition or new construction,
the Commission shall consider the following design criteria in conjunction
with the general review standards, standards of rehabilitation and
review criteria set forth above. These design criteria shall be used
to analyze the appropriateness of new construction in the form of
additions and alterations to the landmarks or new construction, additions,
or alterations to buildings, structures, objects, or sites located
within landmark districts. The design criteria used are:
(a)
Height. The height of the proposed structure shall be visually
compatible with adjacent buildings.
(b)
Proportion of 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.
(c)
Proportion of the openings. The relationship of the width of
windows to the height of windows in a building shall be visually compatible
with buildings and places to which it is visually related.
(d)
Rhythm of solids. The relationship of solids to voids in the
facade of a building shall be visually compatible with buildings and
places to which it is visually related.
(e)
Rhythm of spacing. The relationship of the building to the open
space between it and adjoining buildings shall be visually compatible
with buildings and places to which it is visually related.
(f)
Rhythm of entrances. The relationship of entrances and porches
to the street shall be visually compatible to buildings and places
to which it is visually related.
(g)
Relationship of materials. The relationship of materials, texture,
and tone to the facade and roof of a building shall be visually compatible
with the predominant materials used in buildings to which it is visually
related.
(h)
Roof. The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
(i)
Continuity of walls. Walls and open fencing shall maintain visual
compatibility with buildings and places to which it is visually related.
(j)
Scale. The size of a building mass in relation to open spaces,
window and door openings, porches and balconies shall be visually
compatible with buildings and places to which it is visually related.
(k)
Exterior features. A structure's related exterior features,
such as lighting, fences, sidewalks, driveways and parking areas,
shall be compatible with the features of those structures to which
it is visually related and shall be appropriate for the historic period
for which the structure is significant. New signage shall also abide
by any supplemental historic design or graphic standards that may
be developed by the Commission for the district.
D.
Review criteria for demolition. With regard to applications to demolish
a landmark or any building, structure, object or site located within
a landmark district, the Historic Preservation Commission or any other
City agency shall consider the following criteria in conjunction with
the general review standards (above), and the Secretary of Interior's
Standards and guidelines:
(1)
Its historical, architectural, cultural, and aesthetic significance
in relation to the criteria set forth in this chapter.
(2)
Its use, its intended use, and/or the use for which the buildings,
structure, object, or site was originally designed and the feasibility
of the continuation of its permitted use.
(3)
Its importance to the City and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the landmark district and/or 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 business, create
new positions, attract tourists, students, writers, historians, artists,
or artisans, encourage study and interest in American history, stimulate
interest and study in architecture and design, educate citizens in
American culture and heritage or make the City a more attractive and
desirable place in which to live.
(6)
The probable visual impact of its removal upon the ambience of the
landmark district.
(7)
The structural soundness and integrity of the building, structure,
object, or site and the economic feasibility for its restoration or
rehabilitation so as to allow for its reasonable use.
(8)
The technological feasibility of structural rehabilitation.
E.
Criteria regarding the relocation of historic buildings or structures.
With regard to applications to move to a new location or site any
landmark or any building, structure, object or site located within
a landmark district, the Historic Preservation Commission or any other
City agency shall consider the following criteria in conjunction with
the general review standards (above), and the Secretary of Interior's
Standards and guidelines:
(1)
The impact of the loss of integrity suffered as a result of the removal
from the original and/or historic location; and, if located within
an historic district, the impact of that loss integrity upon the district
as a whole.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The compatibility, nature, and character of the areas adjacent to
both the present site and the proposed site as they relate to the
protection of historic properties and districts as regulated by this
chapter.
(4)
In the event that a proposed new location is in an historic district,
the impact on the visual compatibility of adjacent buildings, structures,
objects or sites as set forth herein.
(5)
The likelihood of significant damage to the physical integrity of
the building, structure or object itself.
A.
Referral by City officials to Historic Preservation Commission. Permit
applications shall be referred as follows:
(1)
It shall be the duty of all City officials of the City of Bordentown
reviewing all permit applications involving any real property or improvements
thereon to determine whether such application involves any activity
which should also be the subject of an application for a permit, and
if it should be, to inform the Chair of the Historic Preservation
Commission, the Administrative Officer, and the applicant of the same.
(2)
The Administrative Officer shall refer all applications for permits
pertaining to regulated activities involving landmarks or any buildings,
structures, objects, and sites located within landmark districts to
the Historic Preservation Commission, in addition to its referral
to any other municipal agencies. A certificate of appropriateness
(hereinafter "C/A"), issued by the Historic Preservation Commission
in accordance with the procedures of this chapter, is required prior
to the commencement of any activities involving landmarks or properties
within landmark districts which are governed by the provisions of
this chapter.
B.
Referral by Planning and Zoning Board of Adjustment to Historic Preservation
Commission of development applications involving historic landmarks
or landmark districts. Compliance is as follows:
(1)
Pursuant to N.J.S.A. 40:55D-110, the Planning Board and Zoning Board
of Adjustment of the City of Bordentown shall refer to the Historic
Preservation Commission every application for development submitted
involving historic landmarks or landmark districts. This referral
shall be made when the application for development is scheduled for
a hearing. The Historic Preservation Commission may provide its advice
on said application, which may be conveyed through delegation to one
of its members to testify orally at the hearing on the application
and to explain any written report(s) that the Historic Preservation
Commission may have provided to the Board concerning the application.
(2)
On all matters referred to the Historic Preservation Commission which
require approval by the City Planning Board or Zoning Board of Adjustment,
the Historic Preservation Commission may comment on any of the zoning
and land use considerations which are relevant to the application.
The Planning Board or Zoning Board of Adjustment, as applicable, shall
consider testimony and/or written report(s) presented and may disapprove
or change any of the recommendations made by the Historic Preservation
Commission by a majority of its full authorized membership and shall
record the reasons for not following such recommendations.
(3)
Failure on the part of the Historic Preservation Commission to act
within 45 days on an application referred by the Planning Board or
Zoning Board of Adjustment shall be deemed an approval in favor of
the applicant.
(4)
An approval of the Planning Board or Zoning Board of Adjustment,
as the case may be, does not relieve the applicant of the requirement
of obtaining a C/A from the Historic Preservation Commission for those
aspects of work not approved by the application for development.
(5)
Failure by the Planning Board or Zoning Board of Adjustment to refer
the application as required shall not invalidate any hearing or proceeding.
C.
Direct application by property owners to Historic Preservation Commission.
It shall be the duty of all property owners contemplating any activity
on their property that is within the scope of this chapter to submit
an application for a C/A pursuant to the procedures herein.
D.
Application procedure. The procedure for applications is as follows:
(1)
Forms. Applications shall be made on forms approved by the City Board
of Commissioners and available in the offices of the Administrative
Officer and the City Clerk in the Bordentown City Hall. The applicant
shall deliver or mail all completed application packages to the offices
of the Administrative Officer and the City Clerk at the Bordentown
City Hall.
(2)
Review. Within 10 business days of receipt of a signed C/A application
form, the Historic Preservation Commission Chair in consultation with
the Administrative Officer shall determine if an application may be
reviewed as a minor application or scheduled for a review before the
full Historic Preservation Commission. The Chair of the Historic Preservation
Commission and the Administrative Officer shall schedule applications
for a hearing or administratively approve them as minor applications.
The Chair of the Historic Preservation Commission shall determine
if the application may be approved as a minor application or if it
requires a full hearing by HPC in accordance with the criteria in
this chapter. The City Administrative Officer shall provide the applicant
with a written notice of the time, date, and place for the required
hearing.
(3)
Vote. The Historic Preservation Commission shall vote to approve the application as complete or deem it incomplete, in accordance with Subsection E, at the scheduled hearing. The Historic Preservation Commission must vote on the completeness of each C/A application before proceeding with the hearing.
E.
Contents of a complete application. Applications shall include a
responsive application form which identifies the applicant, the subject
property, and contains a precise written description of the proposed
work or activity. The Commission may require the submission of additional
information reasonably necessary to reach an informed decision on
the application, including but not limited to any of the following:
(1)
Signed and dated application for C/A form with all applicable information
requested completed;
(2)
Proof of notice to abutting property owners for C/A applications
other than minor;
(3)
Color renderings of any proposed new or replacement sign or awnings;
(4)
Photographs of the existing structure or lot;
(5)
Scale drawings showing site plan layout, facade elevations, and specifications
for materials;
(6)
For new construction applications, a streetscape elevation drawn
to scale, showing the new structure in the context of neighboring
buildings, structures and sites;
(7)
For large projects, working drawings;
(8)
For minor applications, photos, measurements, profiles, and drawings
of existing historic components in place ("in situ");
(9)
Information or documentation identified in the sufficiency review
report.
A.
General procedures. The Historic Preservation Commission shall review
and have the full authority to grant or deny applications for a certificate
of appropriateness, other than for minor applications, at a public
hearing.
(1)
The applicant(s) shall not be required to appear or to be represented
at any meeting of the Commission at which the Commission will consider
his application for a certificate of appropriateness, regardless of
the ultimate findings and a report of the Commission. All applicants
are encouraged to participate in presentation of the facts related
to their application at the scheduled hearing. All licensed business,
commercial, for profit and not-for-profit entities seeking C/A application
approval must be represented by legal counsel and appear at the scheduled
hearing.
(2)
Within 45 days of receiving an application for review that requires
a hearing, the Commission shall hold such hearing and render a final
decision on the application. The Historic Preservation Commission
Secretary shall provide to the Administrative Officer, Planning Board
and City Commissioners a written decision and report. The report shall
include findings and conclusions which are based on evidence in the
record.
(3)
Issuance of an approval of a permit shall be deemed to be final approval
pursuant to this chapter. Such approval shall neither cause nor prevent
the filing of any collateral application.
(4)
Failure on the part of the Commission to act on a application within
45 days shall be deemed an approval in favor of the applicant.
(5)
The denial of a permit shall be deemed to preclude the applicant
from undertaking the activity applied for.
B.
Minor applications. The Chair of the Historic Preservation Commission,
in consultation with the Application Review Subcommittee, may review
applications determined to be minor applications without holding a
public hearing.
(1)
The Chair, in consultation with the Administrative Officer, may act
in place of the full Historic Preservation Commission and directly
issue a certificate of appropriateness for such minor work. A report
on the approval of each minor application shall be presented to the
Historic Preservation Commission by the Chair within 30 days of the
date of any approval. The Chair's report on the minor application
approval shall become part of the minutes and shall be made available
for public review.
(2)
If the Chair issues a certificate of appropriateness for a minor
application, the Chair shall notify City agencies through the Administrative
Officer of such issuance of the certificate of appropriateness for
minor work; after receipt of such notice of approval, the City agencies
may then issue any other applicable permits per their authority and
procedures. For the purposes of this Subsection, "City agencies" may
include the Administrative Officer, City Board of Commissioners, City
Clerk, Planning Board Chair, Code Enforcement Official, Zoning Official,
and/or Construction Official.
(3)
If the Chair does not find the application appropriate, the application
shall be scheduled by the Administrative Officer for a public hearing
before the full Commission.
(4)
Final determination of the appropriateness of the minor application
shall be made by the Chair, which decision shall be binding on the
Administrative Officer.
C.
Informational copies of applications from Planning Board or Zoning
Board of Adjustment. (N.J.S.A. 40:55D-110). The Planning Board and
Board of Adjustment shall refer to the Commission every application
submitted to either Board for development in historic zoning districts
or on historic sites designated on the Zoning or Official Map, historic
buffer areas, or identified in any component element of the Master
Plan.
A.
Posting C/A onsite. The owner shall post the certificate of appropriateness
on a conspicuous spot on the site visible to the public during the
entire process of work.
B.
Periodic inspection. When a certificate of appropriateness has been
issued, the Administrative Officer 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.
C.
Term of validity. Except as hereafter provided, a certificate of
appropriateness shall be valid for a period of two years from date
of commission approval unless reasonable extensions are requested
by the applicant and approved by the Commission. In cases where demolition
is permitted, the C/A shall be valid for one year from the date of
the Historic Preservation Commission approval of the application.
The one-year period shall not be extended.
D.
Assignment. No assignment of the rights granted by a certificate
of appropriateness shall be permitted.
Appeals from determinations of the Administrative Officer pursuant
to referral (C/A) to the Historic Preservation Commission may be made
by the applicant to the Zoning Board of Adjustment, according to N.J.S.A.
40:55D-70, Subdivision a, and N.J.S.A. 40:55D-72, Subdivision a. Appeals
must be filed within 20 days of the date of the notice issued by the
Administrative Officer. 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.
