[HISTORY: Adopted by the Township Council of the Township of Washington 9-25-2006 by Ord. No. 06-31 (Ch. 237 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 580.
It is the purpose and intent of the Township of Washington:
A. 
To promote, protect, enhance, perpetuate and preserve historic districts, structures, sites and landmarks for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of buildings, sites, monuments, structures, and areas of historic interest or importance within the Township of Washington;
B. 
To safeguard the heritage of the Township of Washington by preserving and regulating historic landmarks and districts which reflect elements of its cultural, social, economic, political, and architectural history;
C. 
To preserve and enhance the environmental quality of neighborhoods; to strengthen the Township's economic base by the stimulation of the tourist industry; to establish and improve property values;
D. 
To foster economic development;
E. 
To manage growth;
F. 
To foster civic pride in the beauty and accomplishments of the Township's past; and
G. 
To preserve and protect the cultural, historical and architectural assets of the Township for which the Township has been determined to be of national, state, and local historical and architectural significance.
Specific structures which are culturally, aesthetically, geographically, historically or architecturally significant, as determined by criteria established by the Historic Preservation Commission, shall be designated as "historic structures" or "historic sites." Said designation shall be formalized by resolution of the Township Council. Structures formally accepted for listing on the national or state registries of historic sites shall be automatically so designated.
A. 
Creation. Pursuant to N.J.S.A. 40:55D-107 et seq., there is hereby established an Historic Preservation Commission ("HPC") to advance the purposes of the preservation of historic sites and structures. The Mayor shall appoint the HPC membership consisting of five regular members and two alternates. The alternate members shall be designated "Alternate 1" and "Alternate 2."
B. 
Membership. The HPC membership includes the following categories of appointment:
(1) 
Regular members. At least one member for Class A and Class B, and the remainder of the HPC membership from Class C:
(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: a person who is a citizen of the Township and holds no other municipal office, position or employment except for membership on the Planning Board or the Zoning Board of Adjustment. Of the regular members, Class C members shall constitute a majority by at least one.
(2) 
Alternate members. Two alternate members who must qualify as Class C members. Alternate members may participate in all HPC proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. If a choice must be made as to which alternate member is to vote, Alternate No. 1 votes.
C. 
Terms. For members first appointed under this chapter to the HPC, the expiration of their terms shall be distributed as widely as possible so that in the interest of Commission continuity simultaneous reappointments are remote. The expiration dates of regular members shall be distributed evenly over the first four years after their appointments, and alternate members evenly over the first two years after their appointments. The initial terms of regular members shall not exceed four years and the initial terms of alternate members shall not exceed two years. Thereafter the term of the regular members shall be four years and the term of alternate members shall be two years. Vacancies occurring other than by expiration of terms shall be filled for the unexpired term only. The term of any member common to the HPC and the Planning Board or the Zoning Board of Adjustment shall be for the term of membership on those boards.
D. 
Officers. The HPC shall elect a Chairman and Vice Chairman from its membership and select a recording secretary who may or may not be a member of the HPC or a municipal employee.
E. 
Miscellaneous provisions:
(1) 
Funds. The Township Council shall make provision in its budget and designate funds for the expenses of the HPC.
(2) 
Fees. The Township Council shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of an application. These fees are in addition to any other fees required under any portion of this or any other applicable Township ordinance.
(3) 
Removal. A member of the HPC may, after public hearing if such member requests it, be removed by the Township Council for cause.
(4) 
Conflict of interest. A member of the HPC may not act on any matter in which the member has any personal or financial interest, either directly or indirectly.
(5) 
Expert assistance. The HPC may employ, contract for, and fix the compensation of experts and other staff and services as it deems necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation set by Township Council. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by Township Council for the Commission's use.
(6) 
Rules. The HPC shall adopt such procedural rules for the conduct of its business as it deems necessary and advisable.
(7) 
Records. The HPC shall keep minutes of its meetings and proceedings including voting records, findings, determinations and recommendations. Copies shall be made available to municipal bodies, agencies, and officials for their use. When the Planning Board or the Zoning Board of Adjustment refers an applicant to the HPC, then the referring board shall receive a copy.
F. 
Powers and duties. The HPC shall have the following powers and duties:
(1) 
Identify, record and maintain a system for survey and inventory of all buildings, sites, places, landmarks and structures of historical or architectural significance based on: the definitions of "historic district," "historic site" or other related definition in the New Jersey Municipal Land Use Law (MLUL);[1] the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Standards and Guidelines for Identification); or any other criteria established by any county, state or federal law, rule, regulation, directive, guideline, or enactment of any kind relating to historic preservation of historic site, structures or districts; and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and related matters.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(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 and structures in the recommended capital improvement program.
(4) 
Advise the Planning Board and Zoning Board of Adjustment on applications for development involving historic sites or historic structures.
(a) 
The Boards shall make available to the HPC informational copies of applications submitted to them for development of historic sites or historic structures. Failure to provide this copy shall not invalidate any hearing or proceeding.
(b) 
The HPC may provide its advice, 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 which may have been submitted or the submission of a signed report adopted by the Commission.
(5) 
Provide written reports as to how the Township's Zoning Ordinance[2] applies to historic preservation.
[2]
Editor's Note: See Ch. 580, Zoning.
(6) 
Carry out other advisory, educational and informational functions to promote historic preservation in the community.
The Planning Board and the Board of Adjustment shall refer to the Historic Preservation Commission every application for development submitted to either Board for development of historic sites or historic structures whether or not designated on the Zoning or Official Map or identified in any component element of the Master Plan. This referral shall be made when the application for development 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, 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 which may have been submitted.
All applications for issuance of permits of any kind pertaining to historic sites or structures shall be referred to the Historic Preservation Commission for a report of the Historic Preservation Commission on the application of the Zoning Ordinance[1] provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency. The Historic Preservation Commission shall submit its report to the Chief Construction Official within 45 days of the referral of the application to the Historic Preservation Commission. If within the forty-five-day period the Historic Preservation Commission recommends to the Chief Construction Official against the issuance of the permit or recommends conditions to the permit to be issued, the Chief Construction Official shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
[1]
Editor's Note: See Ch. 580, Zoning.
A. 
Plans and permit applications subject to review: Any conversion, alteration, demolition, construction, reconstruction, restoration, remodeling, or change in appearance of an historic structure or historic site is subject to the following review procedures.
B. 
Review procedures:
(1) 
All applications must be submitted to the Chief Construction Official and Zoning Officer:
(a) 
Applications requiring review by the Planning or Zoning Boards shall be promptly referred to those Boards for scheduling and for referral to the HPC.
(b) 
Applications not requiring review by the Planning or Zoning Boards shall be promptly forwarded to the HPC for its review and report.
(c) 
The HPC shall hold hearings on all applications that also require Planning or Zoning Board review and shall have the right to hold hearings on all other matters within the Commission's jurisdiction. The Commission may review matters it classifies as minor without a hearing.
(2) 
The Construction/Zoning Official shall inspect the construction, alteration, repair, or other activities permitted under this section and take action necessary to secure compliance with the approved plans.
C. 
Guidelines and criteria for plan review. All reviews of applications and plans involving historic sites or historic structures shall give consideration to:
(1) 
The cultural, historic, or architectural values of a structure.
(2) 
Its relationship to property values of the surrounding area.
(3) 
The general compatibility of the proposed use to the cultural and historical values of the surrounding area.
(4) 
The general compatibility of exterior design, arrangement, texture and materials proposed to be used.
D. 
The above guidelines shall be considered as they relate to the statement of intent, § 520-1.
E. 
Demolition or moving of historic structures.
(1) 
General provisions.
(a) 
The demolition or moving of structures of cultural, historic, or architectural significance shall be discouraged.
(b) 
A certificate of approval from the Chief Construction Official and Zoning Official shall be required before any historical building or structure is moved or demolished.
(c) 
The Chief Construction Official and Zoning Official shall be governed by the decision of the Planning Board and the Historic Preservation Commission as to whether or not to issue a certificate of approval.
(d) 
In cases where approval for demolition is granted for reasons other than public health or safety, such certificate shall not become effective until six months after the date of such issuance in order to provide a period of time within which it may be possible to relieve a hardship or to cause the property to be transferred to another owner who will retain the structure.
(e) 
No assignment of the rights granted by a certificate of approval shall be permitted.
(f) 
In cases where demolition is permitted, the certificate of approval shall be valid for six months from the date of Planning Board approval of the application. Said period may be extended by the Planning Board for an additional six-month period.
(g) 
At the time of issuance of the certificate of approval, the Chief Construction Official shall designate the period of time (within the initial or extended approval period, as the case may be) within which demolition must be completed after it is initiated on site.
(2) 
Considerations in determining whether or not to issue a certificate of approval. The following conditions shall be considered prior to any decision on an application for a certificate of approval for demolition or moving of an historical structure:
(a) 
The structure is deemed to be a hazard to public safety or health and repairs are impossible.
(b) 
Such structure is a deterrent to a major improvement program which will be of substantial benefit to the Township.
(c) 
Retention of such structure would cause undue financial hardship to the owner. This would be defined as a situation where more funds than are reasonable would be required to retain the structure.
(d) 
The retention of such structure would not be in the interest of the Township as a whole.
(e) 
The structure is not of such unusual or uncommon design, texture, or material that it could not be reproduced except with great difficulty and expense.
(f) 
Retention of the structure would not aid substantially in preserving and protecting another structure of cultural, historical or architectural significance.
F. 
Exceptions. Nothing in this section shall be construed to prevent ordinary maintenance or repairs of any historical structure.
A. 
The enforcing agencies of this chapter shall be the Chief Construction Official, the Planning Board and the Board of Adjustment.
B. 
If any person or entity violates any provisions of this chapter then, in addition to civil penalties and relief available to the Township in any court of competent jurisdiction, including courts of law and equity, such person or entity shall be subject to fines and punishment prescribed by § 1-1 of Chapter 1, General Provisions, of the Code of the Township of Washington.