[HISTORY: Adopted by the Township Committee of the Township of Cranbury 2-27-2006
by Ord. No. 01-06-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 93, Historic
Preservation, adopted 9-26-1988 by Ord. No. 88-20; amended in its entirety
7-24-1989 by Ord. No. 89-10, as amended.
The purpose of this chapter is to implement the historic preservation
element of the Master Plan, to provide guidance to property owners in achieving
preservation of historic resources, and to advance the public welfare in order
to:
A.
Safeguard the heritage of the Township by preserving
resources that reflect elements of the Township's cultural, social, agricultural,
economic, archeological, scenic and architectural history.
B.
Encourage the continued use of historic sites and intervening
and surrounding properties in historic districts, and to facilitate their
appropriate reuse.
C.
Maintain and develop an appropriate and harmonious setting
for historic resources within Cranbury Township.
D.
Encourage any alteration or new construction to be in
keeping with the historic character of the Township.
E.
Discourage the unnecessary demolition, alteration or
removal of historic resources.
F.
Encourage the proper maintenance and preservation of
historic settings and landscapes.
G.
Enhance the visual, aesthetic, and historic character
of the Township.
H.
Promote the conservation of historic sites and districts,
and invite voluntary compliance with the standards of this chapter.
I.
Foster civic pride in the beauty and historic roots of
the Township.
As used in this chapter, the following terms shall have the meanings
indicated:
For the purposes of this chapter only, the municipal employee or
officer, appointed by the Mayor, who is responsible for the various administrative
duties set forth hereinbelow.
A report issued by the Historic Preservation Commission approving
any new construction or any addition to or alteration, relocation or demolition
of a structure located on a designated historic site or in a historic district
or historic buffer area.
The partial or total razing, dismantling or destruction of any improvement.
The process of determining whether identified properties meet defined
criteria of historical, architectural, archeological or cultural significance.
A two-hundred-foot buffer, measured from the lot line, surrounding
a designated historic building, landmark or site other than a historic building,
landmark or site located within a historic district.
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. For the purposes of this chapter, "historic district" shall
further mean such district or districts as are identified on the Zoning Map
of the Township pursuant to N.J.S.A. 40:55D-65.1.
See the definition of "historic site" below.
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. The term includes artifacts, records, and remains
that are related to the district, site, building, structure, or object.
Any real property, man-made structure, natural object or configuration
or any portion or group of the foregoing of historical, archaeological, cultural,
scenic or architectural significance. For the purposes of this chapter, "historic
site" shall further mean such sites as have been designated in the Master
Plan as meeting the above-listed criteria.
Any permanent structure or part thereof that is a part of, placed
upon, or affixed to real property.
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 convey its significance.
A list of historic properties determined to meet criteria of significance
specified in the historic preservation element of the Master Plan.
An application for a certificate of approval that:
Requests approval of fences, signs, lighting, doors, windows, roofs,
paving, exterior sheathing, trim, shutters, gutters or streetscape work that
strictly comply with the adopted design guidelines for the proposed improvement.
If the design guidelines contain a discretionary standard requiring in any
way the exercise of judgment, the application shall be referred to the full
Commission; or
Requests a field change for a certificate of approval that has already
been issued if that change meets the criteria of subparagraph A above.
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Any application that involves either the demolition, relocation or removal
of a historic site, or new construction, including additions, on property
located within a historic district shall be classified as a major application.
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The established criteria for evaluating the eligibility of properties
for inclusion in the National Register of Historic Places.
A building, site, structure or object that does not add to the historic
architectural qualities, historic associations or archaeological values for
which a resource is significant because: 1) it was not present during the
period of significance; 2) due to alterations, disturbances, additions or
other changes, it no longer possesses historic integrity reflecting its character
at that time or is incapable of yielding important information about the period;
or 3) it does not independently meet the National Register criteria.
Repair of any deterioration, wear or damage to a structure or any
part thereof in order to return the same as nearly as practicable to its condition
prior to the occurrence of such deterioration, wear, or damage with in-kind
material and quality workmanship. Ordinary maintenance shall further include
in-kind replacement of exterior elements, signs, or accessory hardware, using
the same materials and workmanship and having the same appearance.
Any required approval, including but not limited to a construction
permit, demolition permit, or zoning permit.
The act or process of applying measures to sustain the existing form,
integrity and material of a building or structure, and the existing form and
vegetative cover of a site. It may include initial stabilization work, where
necessary, as well as ongoing maintenance of the historic materials.
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 reproducing by means of new construction the
form, features and detailing of a nonsurviving site, landscape, building,
structure or object, or any part thereof, 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 to permit accurate reconstruction.
The act or process of returning a property to a state of utility
through repair or alteration that makes possible an efficient contemporary
use while preserving those portions or features of the property that are significant
to its historical, architectural and cultural values.
Any work done on an improvement that is not an addition and does
not change the exterior appearance of the improvement.
The act or process of accurately reestablishing the form, features
and character of a property and its setting as it appeared at a particular
period of time by means of the removal of features from other periods in its
history and reconstruction of missing features from the restoration period.
The designation of a mandatory course of action that may be enforced.
The designation of a strongly recommended course of action.
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.
The process of identifying and gathering data on the Township's
historic resources. 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.
A.
Survey. The Commission shall from time to time undertake
a survey to identify proposed or potential historic districts or sites that
are worthy of protection and preservation. This survey and identification
shall be performed in accordance with and pursuant to a process approved by
the State Historic Preservation Office (SHPO).
B.
Criteria for designation. The criteria for evaluating
and designating historic districts and sites should be consistent with the
National Register criteria. The Commission shall identify buildings, structures,
objects and sites within the Township that merit designation and protection
and that meet the criteria set forth in this chapter. The Commission or any
interested party may recommend designation of historic sites or districts
that have integrity of location, design, setting, materials, workmanship and
association and that meet one or more of the following criteria:
(1)
Character, interest, or value as part of the development,
heritage or cultural characteristics of the Township, state or nation.
(2)
Association with events that have made a significant
contribution to the broad patterns of national, state or local history.
(3)
Association with the lives of persons significant in
national, state or local history.
(4)
Embodiment of the distinctive characteristics of a type
or period of construction, architecture, or engineering or of a method of
construction.
(5)
Identification with the work of a builder, designer,
artist, architect or landscape architect whose work has influenced the development
of the Township, state or nation.
(6)
Embodiment of elements of design, detail, material or
craftsmanship that render an improvement architecturally significant or structurally
innovative.
(7)
Unique location or singular physical characteristics
that make a district or site an established or familiar visual feature.
(8)
Likelihood of yielding information important in prehistory
or history.
C.
Procedures for designation.
(1)
Interested parties, concerned citizens, or Township officials
or agencies may contact the secretary to the Commission to request consideration
of a proposed historic site or district. Based on its review, the Commission
shall make a list of sites and districts that it proposes to nominate for
designation and shall institute the designation procedures set forth hereinbelow.
(2)
The formal historic district nomination shall include
a building-by-building inventory of all properties within the district, photographs
of all properties within the district, a physical description and statement
of significance that address the criteria for designation, a description of
the location and boundaries of the district, and a map showing the location
of the district.
(3)
The formal historic site nomination shall include a photograph
of the site, a copy of the tax map sheet on which the property is located,
a physical description of the property and statement of significance that
address the criteria for designation, a description of the location and boundaries
of the site or district, and a map showing the location of the site.
(4)
The list of proposed historic sites and historic districts,
with accompanying information in support of the designation, including lot
and block numbers and street addresses where available, shall be subject to
review at a public hearing before the Commission.
(5)
After the preparation of the list of properties that
it proposes for designation, and at least 10 days prior to the date scheduled
for the hearing, the Commission shall, by certified mail, return receipt requested,
notify each owner of a proposed historic site, or the owner of a property
within a proposed historic district, of the date and time of the hearing and
that his or her property is being considered for historic designation.
(6)
At least 10 days before the hearing, a preliminary list
and map showing the proposed historic sites and districts shall be published,
together with a notice of the hearing, in the official newspaper of the Township.
(7)
At the hearing, interested persons shall be entitled
to present their opinions, suggestions, and objections to the proposed recommendations
for the historic site or district designations.
(8)
Upon review of the proposed site or historic district, and after hearing the comments of the public, if any, the Commission shall forward the proposed site or district nominations and a complete list of involved properties to the Planning Board, accompanied by a report of its recommendations for sites and districts to be identified in the historic preservation element of the Master Plan and designated as historic sites or districts in the Land Development Ordinance (Chapter 150 of this Code) and the criteria used in making its recommendations. Copies of the report shall be delivered to the Planning Board and the Township Clerk, and a notice of the action published in an official newspaper of the Township by the Commission.
(9)
In addition to any notices required for amendment to
the Master Plan, notification of proceedings before the Planning Board shall
be by public notice in the official newspaper of the Township and by prominent
posting on the municipal bulletin board in Town Hall at least 30 days prior
to the Planning Board hearing. All other requirements of the Municipal Land
Use Law regarding adoption of or amendments to the Master Plan and development
regulations shall be followed.
(10)
After Planning Board review and adoption of a revised
historic preservation element of the Cranbury Township Master Plan that includes
the historic sites and districts, the Commission shall submit the list of
proposed historic sites and districts and a map to the Township Committee
for adoption to amend the Land Development Ordinance. In the event that the
Planning Board does not recommend inclusion of the sites or districts in the
historic preservation element, the Commission may nevertheless request that
the Township Committee consider designation pursuant to N.J.S.A. 40:55D-65.1.
The Administrative Officer shall have the following duties and responsibilities:
B.
In accordance with § 21-7C of this Code, prepare and maintain minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions, and applications.
C.
In accordance with § 21-27C of this Code, cause
all meetings to be noticed and conducted pursuant to the requirements of the
Open Public Meetings Act, N.J.S.A. 10:4-1 et seq.
D.
In accordance with § 93-6 of this chapter, ensure that copies of any written reports regarding development applications referred to the Commission be provided to the referring board.
E.
In accordance with § 93-5 of this chapter, review all applications to determine whether the proposed work requires a certificate of approval and determine whether the application is complete.
F.
In accordance with § 93-5C(11) of this chapter, from time to time inspect any work approved by the Commission and regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with the certificate of approval.
G.
In accordance with § 93-5E(2) of this chapter, review and process any applications for emergency repairs.
I.
In accordance with § 93-10 of this chapter, provide assistance as needed to other municipal officials as to whether proposed work requires a certificate of approval.
J.
Perform such other tasks and attend to such other matters
as the Commission or Township Committee may from time to time require.
A.
When required. A certificate of approval issued by the
Commission shall be required before a permit is issued or before work can
begin for any of the following activities within a historic district or historic
buffer area or on a historic site:
(1)
Demolition or relocation of any building, improvement, or structure, as set forth in § 93-8 below.
(2)
Change in the exterior appearance of any building, improvement,
site, place or structure by addition, reconstruction, alteration or repair,
other than ordinary maintenance and repair as defined herein and set forth
below.
(3)
Any addition to or new construction of a principal or
accessory building or structure.
(4)
Any addition of signs or exterior lighting or changes
to same.
B.
When not required. A certificate of approval shall not
be required for any of the following:
(1)
Changes to the interior of structures.
(2)
Changes to the exterior of structures that strictly meet
the standards for ordinary maintenance and repair as defined in this chapter
and as determined by the Administrative Officer in keeping with the procedures
set forth below:
(a)
The Administrative Officer shall determine whether the
proposed work strictly meets this chapter's definition of ordinary maintenance
and repair and may request appropriate documentation to conduct his or her
review. If the proposed work does not strictly meet this chapter's definition
of ordinary maintenance and repair, the Administrative Officer shall refer
the application to the full Commission.
(b)
If the Administrative Officer has any doubt as to whether
the work constitutes ordinary maintenance and repair, the Administrative Officer
shall refer the request to the Commission.
(c)
No fee or application shall be required for the Administrative
Officer's review.
C.
Procedure for obtaining a certificate of approval.
(1)
Applicants requiring a certificate of approval shall
complete an application form and shall file the completed application with
the Administrative Officer.
(2)
Each application shall be accompanied at a minimum by
the following:
(a)
Sketches, drawings, and other information to show the
proposed alterations, additions, changes or new construction;
(b)
A property survey, if available;
(c)
In the case of applications for approval of the demolition
or relocation of a building or structure only, current and archival photographs
of the interior and exterior of said structure and drawings to document its
condition;
(d)
Any additional information the applicant deems relevant
or helpful, such as photographs, descriptions and any historic survey information.
(3)
The Commission may require the subsequent submission
of such additional materials as it reasonably requires to make an informed
decision.
(4)
The Administrative Officer shall review the application
for technical completeness. If the application is determined to be incomplete,
the applicant shall be notified in writing within 10 days of filing. If the
applicant is not so notified, the application shall be deemed to be complete.
(5)
The Administrative Officer shall review all applications to determine whether they meet the definition of "minor application" set forth in § 93-2 of this Code. Pursuant to N.J.S.A. 40:55D-111, if the application meets the definition of minor application, the Chair of the Commission may grant a certificate of approval without holding a public hearing or referring the application to the Commission. If the Administrative Officer does not find that the application meets the definition, the application shall be scheduled for a public hearing before the full Commission.
(6)
The Commission shall review any complete application
at its next regularly scheduled meeting. The applicant shall be notified of
the meeting date and shall be allowed to present evidence in support of the
application. However, an applicant shall not be required to appear or to be
represented at the meeting, and the Commission is authorized to take action
on the application even in the applicant's absence.
(7)
The Commission's decision shall be based solely
on the evidence presented to it and such facts as may be personally known
to its members, provided such facts are stated on the record and the applicant
is provided a meaningful opportunity to respond.
(8)
Except as set forth below in § 93-5D regarding historic buffer areas, the Historic Preservation Commission shall issue a certificate of approval if, in the case of an application concerning a designated historic site or landmark or property located within a historic district, it finds the application appropriate to the historic district or site and in conformity with the design guidelines set forth in § 93-7 below.
(9)
The Commission shall approve or deny the application
within 45 days of the date on which it was deemed complete, unless the applicant
consents in writing to an extension of time. Failure to act within this forty-five-day
period shall constitute an automatic approval without conditions.
(10)
The applicant shall post the certificate of approval
in a conspicuous place on the site visible to the public during the entire
period during which the work is taking place.
(11)
The Administrative Officer 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.
(12)
A certificate of approval shall be valid for a period
of two years from date of issue unless the Commission in its discretion grants
an extension.
(13)
Issuance of a certificate of approval shall be deemed
to be a final approval pursuant to this chapter but shall not obviate the
need to secure any other approvals required under federal, state, county or
local law.
D.
Historic buffer areas.
(1)
For work proposed to be undertaken in a historic buffer
area, the Commission shall first determine whether the proposed work will
have a significant visual impact on the adjacent historic landmark or site.
Significant visual impact shall be determined by the design, appearance and
scale of the new construction or alteration and its relationship to the adjacent
historic landmark or site.
(2)
If the Commission determines that the proposed work will not have a significant visual impact on the historic landmark or site, it shall issue a certificate of approval. If it determines that the proposed work will have a significant visual impact, it shall issue a certificate of approval only if it is satisfied that the work complies with the guidelines and standards set forth in Subsection D(3)(a) through (e) below.
(3)
In order to mitigate or eliminate the visual impact of
the proposed work, the following standards and guidelines shall apply:
(a)
To the extent possible and appropriate, new construction,
additions, or alterations shall be made compatible with the historic building,
structure or site in terms of scale, height, design, layout, building materials,
and building mass.
(b)
Building materials, components, and details such as windows,
doors, hardware, and eaves shall be proportional and relate to the existing
building and to the historic landmark or structure(s) located on the historic
site.
(c)
To the extent possible and appropriate, the height of
the proposed structure or alteration shall be compatible with the historic
landmark or structure(s) located on the historic site.
(d)
Buildings of different architectural styles shall be
made compatible by such means as screens, sight breaks and materials.
(e)
Landscaping shall be used to provide an effective buffer
or transition between properties.
E.
Emergency procedures.
(1)
When a structure or improvement requires immediate repair
to preserve the continued habitability of the structure and/or the health
and safety of its occupants or others, emergency repairs may be performed
in accordance with any applicable building code without first obtaining a
certificate of approval. Under such circumstances, the repairs performed shall
be only those necessary to protect the immediate health and safety of the
occupants of the structure or others and/or to maintain the habitability of
the structure. Where feasible, temporary measures to prevent further damage
should be used, provided these measures are reversible without damage to the
structure.
(2)
The property owner shall make a request for the Commission's
review simultaneously with the onset of emergency work. The request shall
be made to the Administrative Officer. Such emergency work shall be permitted
only if the Administrative Officer certifies the immediate necessity for such
permit issuance. Upon notice to the full Commission by telephone, personal
contact or other appropriate means of communication, at least three members
of the Commission shall convene as soon as possible, and such convening members
shall proceed to review the certificate of approval application as provided
for in this chapter. The Commission shall conduct the emergency meeting in
accordance with the Open Public Meetings Act, N.J.S.A. 10:4-9. Subsequent
to such review, a certificate of approval may be issued upon a majority vote
of the members convened.
(3)
No work other than the emergency repairs shall be performed
on the structure until an appropriate request for approval is made and approval
is obtained from the Commission after referral of the request by the Administrative
Officer.
F.
Informational meetings/conceptual review.
(1)
Persons considering action that may require a certificate
of approval are encouraged to request an informal or informational meeting
with the Commission and/or its Chair prior to submitting a formal application.
The Commission shall hold said informational meeting within 30 days or at
its next regularly scheduled meeting following receipt of the request, whichever
is sooner. The purpose of the informational meeting shall be to review the
design guidelines and procedure for obtaining a certificate of approval. Neither
the applicant nor the Commission shall be bound by any informational meeting
or conceptual review.
(2)
The Commission shall not hold any informational meetings
or consider conceptual review of an application for development unless the
application is referred to it by the Planning Board, the Zoning Board of Adjustment,
or the Development Review Committee.
A.
The Planning Board and Zoning Board of Adjustment shall
refer to the Commission every application submitted to either Board for development
in a historic district or historic buffer area or on a historic site designated
on the Zoning 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 Commission may provide its advice, which shall be conveyed through its
delegation of one or more of its members or staff to testify orally at the
hearing on the application and to explain any written reports that may have
been submitted. Any recommendation by the Historic Preservation Commission
to the Planning Board or Zoning Board of Adjustment on an application for
development shall be considered advisory only.
B.
An approval by the Planning Board or Zoning Board of
Adjustment, as the case may be, shall not relieve the applicant of the requirement
of obtaining a certificate of approval for those aspects of the project not
approved by the applicable board in the review of the application for development.
A.
The Design Guidelines set forth in this section are the
criteria by which the Historic Preservation Commission will review applications
and determine the appropriateness of proposed work in any historic district
or on any historic site. They shall apply to the repair and alteration of
existing buildings and historic landmarks and to the construction of new buildings.
B.
The design guidelines seek to protect and preserve the
distinguishing characteristics of Cranbury's historic village while allowing
expressions of change and adaptation. The underlying principle of these guidelines
is respect for the existing built environment.
C.
In reviewing an application for a certificate of approval,
the Commission shall consider the setting, design, arrangement, texture, details,
scale, shape, materials, finish, color, streetscape, and related outbuildings
and the relationship of those characteristics to the historic, architectural,
cultural, archeological, and aesthetic significance of the historic site or
district. In addition, in interpreting and applying the standards and criteria
set forth herein, the Commission shall be guided by the principles of the
current version of the Secretary of the Interior Standards for Rehabilitation
and the Secretary of the Interior Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings.
D.
In considering development applications referred to it
and in providing its advice to the Planning Board and the Zoning Board of
Adjustment on the impact of the provisions of the Land Development Ordinance[1] (LDO) on historic preservation, the Commission may consider the
applicable use limitations, bulk requirements, and lot coverage restrictions,
and the relationship of the proposed work to the streetscape and to the design
of adjacent structures.
E.
In reviewing any application before it, the Commission
shall give consideration to the cultural, historic or architectural values
of the structure and its relationship to properties in the surrounding area,
the general compatibility of the proposed use to the cultural and historical
values of the surrounding area, and the general compatibility of size, exterior
design, arrangement, texture and materials proposed to be used. In carrying
out its review, the following specific guidelines and criteria shall be utilized:
(1)
Site and streetscape.
(a)
The historic features of a particular site and its surrounding
environment shall be considered an integral part of any project involving
additions or new construction.
(b)
New construction or development, to the extent possible,
shall be consistent with existing setbacks, alignment, facade orientation
to the street, and other site characteristics.
(c)
Where a historic building is sited on a lot that differs
from the predominant building pattern, the special character of the property,
including the size of the lot, the uninterrupted view from the street, the
placement of the house and accessory structures, driveways, and other individual
site features, shall be preserved.
(2)
Building site. Additions and new construction shall be
compatible with the existing pattern of utilization of the building site and
the structures to which the site is physically and visually related. Each
proposal shall be evaluated in relation to its particular site characteristics,
including compatibility of setback, orientation, and rhythm of spacing between
buildings. Principal elevations of buildings, which characteristically face
the street with a strong sense of entry, shall be maintained.
(3)
Garages and accessory structures. The siting of a garage
or other accessory structure shall be consistent with the development pattern
of such structures in the immediate area or in the district in which the property
is located. New work shall be compatible with the historic character of the
setting in terms of size, scale, design, material, color, and texture. All
garages and accessory structures shall be located at the rear of or on an
inconspicuous side of the historic building and be limited in size and scale
in relationship to the historic building. If the garage or accessory structure
is attached to the historic structure, it shall be designed so that there
is the least possible loss of historic material and that character-defining
features are not obscured, damaged or destroyed. The addition shall be designed
in a manner that makes clear what is historic and what is new.
(4)
Fences. High berms and modern fence types such as chain
link, split-rail or contemporary metal railings are not appropriate and shall
be used only when shielded from public view.
(5)
Walkways. Historic walkway materials such as bluestone,
slate, and brick shall be retained and re-set when necessary. If replacing
concrete with concrete, the texture and color shall be matched. Bluestone,
slate, brick, and concrete may be used for new walkways in the public view.
Decorative concrete pavers that simulate brick and stone shall not be permitted.
(6)
Additions and new construction. New construction or additions
shall be compatible with existing features of the building site and surrounding
structures and shall conform to the design guidelines set forth in Subsection
E(l) hereof regarding site and streetscape.
(7)
Size. Size includes the height, width and overall bulk
of a building. On a street of generally aligned facades, new buildings shall
be within the range of building heights and widths along the block. The overall
bulk of additions and new construction shall not overwhelm the original building
size or the places to which it is visually related.
(8)
Massing. The massing (form and shape) of additions and
new construction should harmonize with the original building and the buildings
to which it is related. If possible, additions and new construction shall
be discernible from the original building. Additive massing, such as the attachment
of smaller volumes of related shape, is recommended. Single boxlike forms,
to the extent possible, shall be broken up into smaller varied masses with
articulated facades. To preserve the historic character of the building's
mass, additions shall be located to the rear or on an inconspicuous side of
the historic building, and the size and scale of the addition shall be related
to the historic building. The integrity of the front facade shall be maintained.
(9)
Proportion. The proportion, relationship of height to
width, of a building's primary facade shall be visually compatible with
the buildings and places to which it is visually related.
(10)
Directional expression. The shape of a structure, placement
of openings and other architectural details provide an overall directional
expression to a building facade. Buildings may have a vertical, horizontal
or nondirectional emphasis. The vertical, horizontal or nondirectional facade
character of new buildings shall be related to the predominant directional
expression of nearby buildings. If, for example, a proposed new building appears
too horizontal in relation to more vertical adjacent structures, the facade
shall be divided into smaller masses with vertical elements in order to conform
to the streetscape.
(11)
Roofs.
(a)
The original shape, pitch, configuration, and material
shall be retained and existing materials matched to the greatest extent possible.
(b)
The decorative and functional features of the roof, such
as eaves, cornices, chimneys, dormers, cupolas, gutters and flashing shall
be preserved or, if too deteriorated to repair, shall be replaced with construction
matching the original as nearly as possible in material, size, shape, texture,
color and orientation.
(c)
Built-in gutters that are integrated into the design
of the eaves and cornices shall be maintained. External gutters that are hung
at the edge of the roof shall not be permitted on structures with built-in
gutters. Where permitted, hung gutters shall be installed so as not to interfere
with the architectural detail. The use, shape and construction of the gutters
should be appropriate to the period of the structure.
(d)
Roof additions on existing buildings shall not damage
or obscure the historic character of the roof. The roof pitch, plane and detailing
of an addition shall be compatible with the main roof. New chimneys, vent
stacks, dormers, skylights, mechanical and service equipment, satellite dishes,
antennas and solar collectors shall be located so as to be inconspicuous from
the public street. New chimneys shall be constructed of masonry, either brick
or parged concrete, with a traditional ground-level base, and shall not be
cantilevered over the foundation of the house. New roof dormers shall be designed
and placed so as to be in scale, proportion and balance with the roof and
the building. Dormers shall complement the roof plane in which they are located.
Dormers shall not be placed on the front elevation. Large dormers that extend
the entire length of the roof shall not be permitted.
(e)
Roof designs for new construction shall harmonize with
the shape and rhythm of roofs along the street. Where an area has a predominant
roof type, new roofs shall be visually compatible with that type.
(12)
Exterior materials.
(a)
Existing buildings or structures.
[1]
If possible, original surface materials shall be retained
and repaired on existing historic buildings.
[2]
In cases where a nonhistoric artificial siding has been
previously applied to a building, restoration of the historic siding material
is recommended.
[3]
When visible from a public street, existing wood siding
on historic buildings shall be retained and repaired. If wood siding is too
damaged to repair, it shall be replaced with wood material of like construction,
matching the original as near as possible in size, shape, profile, and texture.
[4]
When removing paint from wood siding, the use of destructive
removal methods such as sandblasting is prohibited.
[5]
Historically painted wood siding shall not be stripped
or stained to create a "natural" effect.
[6]
The original color and texture of masonry walls shall
be maintained.
[7]
Paint or stucco shall not be removed from historically
painted or stuccoed masonry walls. Paint or stucco shall not be applied to
historically unpainted or unstuccoed masonry walls.
[8]
Masonry or mortar shall only be cleaned when necessary
to halt deterioration or to remove heavy soiling, using the gentlest method
possible, such as low-pressure water and detergents, and using natural bristle
brushes. Sandblasting, caustic solutions, and high-pressure water blasting
shall not be used.
[9]
Masonry walls shall be repointed when there is evidence
of disintegrating mortar, cracks in mortar joints, loose bricks, or moisture
retention in the walls. New mortar shall duplicate the old mortar in composition,
bonding strength, profile, color and texture.
[10]
Masonry wall surfaces too damaged or deteriorated to
repair shall be replaced with material of like construction, matching the
original as near as possible in size, shape, texture and color. If using the
same kind of material is not practical or economically feasible, then a compatible
substitute material may be considered.
(b)
New construction or additions. New construction or additions
shall be designed to be compatible in terms of mass, relationship of solids
to voids, and color.
(c)
Synthetic siding.
[1]
Synthetic siding may be used on new structures.
[2]
Synthetic siding may be used on new additions visible
from the public street only if the synthetic siding is similar to and compatible
with the siding on the historic building in terms of size, shape, scale, texture
and color.
[3]
Synthetic siding may be used to resurface existing historic
structures only if the areas to be re-sided are not visible from a public
street.
[4]
On existing structures, synthetic siding shall be approved
only if the following conditions are met:
[5]
When the use of synthetic siding is permitted, the material
should match the historic material that is characteristic of the district
in size, shape, scale, texture and color.
(13)
Windows.
(a)
The number, size, shape and location of existing windows
shall be retained. Windows shall not be blocked in to reduce the size of the
opening or to fit stock sizes. New window openings shall not be added to any
elevation visible from a public street.
(b)
Window frames, sash, decorative glass panes, sills, heads,
hoodmolds, moldings, and exterior shutters shall be retained and repaired.
New or replacement windows on historic buildings shall be appropriate to the
period and style of the building and shall duplicate the material and design
of the older feature. Replacement sash of wooden windows shall be wooden.
True divided light sash or simulated divided lights shall be permitted. Snap-in
muntins shall not be permitted. Replacement sills and window frames shall
be constructed to true historical dimensions to match existing sills and frames.
If duplication of the original window is not technically or economically feasible
(such as replacement of an elaborate stained glass window), a simplified version
of the original may be acceptable, in the Commission's discretion, provided
it is of the same size and proportion.
(c)
Where newer windows have acquired significance in their
own right (such as Colonial Revival changes on older houses), they shall be
maintained as evidence of the building's history. Modern windows that
are inappropriate to the historic period of the house shall not be used if
they are visible from a public street. Modern window types that shall be considered
inappropriate include large picture windows, sliding glass doors, casements
and bow windows unless they are original to the building.
(d)
Except when the use of synthetic materials for shutters
is specifically permitted elsewhere in this chapter, replacement shutters
on windows shall be wooden and sized to cover the entire window when closed.
Shutters shall be fastened to the window frame, not to the siding. Early shutter
hardware such as hinges, holdbacks, and latches shall be preserved. When the
use of synthetic materials for shutters is permitted, the material should
match the original in size, profile, scale, texture and color.
(e)
Interior storm windows are preferable and should be properly
designed. Proper design means storm windows with airtight gaskets, ventilating
holes, and/or removable clips to ensure proper maintenance and to avoid condensation
damage to historic windows. If exterior storm windows are used, they should
not damage or obscure the windows and frames.
(f)
On a new addition to an old building, or in new construction,
windows shall harmonize with the material, scale, proportion, placement and
rhythm of windows on buildings to which they are visually related.
(g)
Original or early windows shall be preserved whenever
possible.
(14)
Doors.
(a)
The number, size, shape and location of existing entrances
visible from the public street shall not be changed. Primary entrances shall
not be moved, and new door openings shall not be added to any elevation visible
from a public street.
(b)
Doors, including original doorway details such as moldings,
decorative glass, hinges and doorknobs, fanlights, sidelights, pilasters,
door frames, and finish hardware shall be preserved whenever possible. If
a door is too deteriorated to repair, the existing door (or evidence of the
building's original or early door) shall be used as a prototype for replacement.
New or replacement doors on historic buildings shall be appropriate to the
period and style of the building, duplicating the material and design of the
older feature to the extent possible.
(c)
Doors on a new building shall be compatible with the
scale, proportion and rhythm of windows and doors of buildings to which the
building is visually related.
(15)
Porches.
(a)
Historic porches shall not be removed. Porches that are
early 20th Century additions to older houses shall be retained because they
are part of the building's history. Open front porches shall not be enclosed
in a manner that results in diminution or loss of historic character by using
solid materials such as wood, stucco, or masonry. Recommendations include
using large sheets of glass and recessing the enclosure wall behind existing
scrollwork, posts, and balustrades.
(b)
Original features such as the roof and its decorative
cornices, porch columns, railings, balustrades, flooring and steps shall be
retained and restored whenever possible. If it is necessary to replace original
porch elements with new material, the replacement shall match in material
and design and the original feature shall be used as a model for the replacement.
Brick, concrete and wolmanized decking material shall not be used to replace
historical tongue-and-groove wood flooring. Selective repair of porch elements
rather than wholesale replacement is recommended.
(16)
Trim. Trim refers to the ornamental details applied to
a building, such as cornices, brackets, pilasters, railings, corner boards,
finials, bargeboards, and window and door casings. Historic trim materials
may include wood, cast iron, terra cotta, stone, tile or brick. Historic trim
shall be retained and repaired. If the historic trim is too deteriorated to
repair, it shall be replaced with material that is similar in composition,
size, shape, texture and color. Synthetic or substitute materials (such as
fiberglass columns) shall be considered only when they are compatible in size,
proportion, style, and texture.
(17)
Storefronts. Significant surviving storefront elements,
including windows, sash, doors, transoms, signs and decorative features, shall
be retained and repaired. Accurate restorations based on historical research
and physical evidence are encouraged. Consistent with encouraging adaptive
reuse of historic buildings, where original or early storefronts no longer
exist or where no evidence exists to document the storefront's original
or early appearance, the design of a new storefront shall be compatible with
the size, scale, color, material and historic character of the overall building.
A.
Certificate of approval required.
(1)
No structure located in any historic district or on a historic site shall be removed or relocated without a certificate of approval. Subject to the criteria set forth in Subsection A(2) below, said approval shall be granted only if the structure cannot be put to a reasonable use and its preservation will impose an undue hardship on the applicant.
(2)
In reviewing any demolition or relocation application,
the Commission shall consider the following matters:
(a)
The structure's historic, architectural, cultural
and aesthetic significance.
(b)
The structure's current and potential use for those
purposes currently permitted by the Land Development Ordinance or for the
use proposed.
(c)
The structure's importance to the municipality and
the extent to which its historical or architectural value is such that its
removal would be detrimental to the integrity of the historic property or
district and the public interest.
(d)
The extent to which the structure 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.
(e)
The extent to which the structure's retention would
attract tourists, students, writers, historians, artists and artisans, attract
new residents, 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 municipality a more attractive and desirable
place in which to live.
(f)
The probable impact of the structure's removal upon
the ambiance of the historic district or designated historic site.
(g)
The structural soundness and integrity of the building
and the economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the applicable building codes.
(h)
As to relocations only, the compelling reasons for not
retaining the structure or improvement at its present site, the proximity
of the proposed new location and its accessibility to residents of the municipality,
and the probability of significant damage to the structure or improvement
as a result of the relocation.
(i)
The compatibility, nature and character of the current
and the proposed surrounding areas as they relate to the intent and purposes
of this chapter and whether the proposed new location is visually compatible
in accordance with the standards set forth herein.
B.
Procedure where initial application for demolition or
relocation disapproved.
(1)
Sale for fair market value. If the Commission disapproves
an initial application to demolish or relocate a historic structure, the owner
shall for a period of one year from the date of said disapproval make bona
fide and diligent efforts to sell the structure to any person, organization,
governmental agency or political subdivision that provides reasonable assurance
that it is willing to preserve said structure. In order to maximize the opportunity
to preserve the structure, the owner shall provide notice of the proposed
demolition or relocation in accordance with the provisions set forth below.
(2)
Notice of demolition or relocation posted and published.
Notice of the proposed demolition or relocation shall be posted on the subject
property for a period of at least 30 days in such a manner as to be clearly
readable from the street and shall be published in the Township's official
newspaper at least once a week for a minimum of four consecutive weeks.
(3)
Grant of certificate of approval. Provided that the Commission
is satisfied that the requirements of Subsection B(l) above have been met,
it shall issue a certificate of approval.
(4)
Opportunity to salvage or recycle part of structure prior
to demolition. With respect to demolitions only, in the event the owner does
not intend to recycle or salvage parts of the structure, the owner for 30
days should at his or her discretion afford interested parties and groups
the opportunity to remove parts or architectural features from said structure
prior to its demolition. The Commission should at its discretion and without
liability maintain a list of interested parties and groups, and the owner
shall provide notice by certified mail to such groups advising of said opportunity
to salvage.
C.
Approval after change of circumstances. The Commission
may at any time during such notice period, if a significant change in circumstances
occurs, grant a certificate of approval to demolish, in which event, a permit
shall be issued within 10 days thereafter.
A.
The actions of the Commission or its Administrative Officer
may be appealed to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a)
and in accordance with the procedures set forth therein, except that the appellant
shall pay all costs for copies of any transcript(s) required for the appeal.
B.
If the Zoning Board of Adjustment determines that there
is an error in any order, requirement, decision or refusal of the Commission
or its Administrative Officer, it shall, in writing, include the reasons for
its determination in the findings of its decision thereon.
A.
It shall be the duty of any municipal official reviewing
a permit application involving real property or improvements thereon to determine
whether such application involves an activity that requires a certificate
of approval from the Commission. The municipal official may request assistance
from the Administrative Officer in determining whether a certificate of approval
is required. If a certificate of approval is required, the municipal official
shall inform the Administrative Officer, the applicant, and the Commission.
B.
Upon learning of any violation of the provisions of this
chapter, the Township Zoning Officer shall issue a notice of violation to
the owner of the property on which the violation is occurring. Said notice
shall describe the violation in detail and shall provide the owner 10 calendar
days to abate the violation by submitting an application to the Commission
for review and approval of the proposed work.
C.
The Zoning Officer shall personally serve the notice
upon the owner of the lot on which the violation is occurring. If the owner
cannot be served personally within the municipality, a copy of the notice
shall be posted on the site and a copy sent by regular and certified mail,
return receipt requested, to the owner at the last known address as it appears
on the municipal tax rolls.
D.
Each day that the violation continues beyond the ten-day
period set forth above shall constitute a separate offense.
E.
Violators shall be subject to the penalties set forth in § 150-104 of this Code as said section may from time to time be amended or renumbered. In addition, the Township may institute any appropriate action or proceeding pursuant to § 150-103 of this Code to enjoin or otherwise prevent the violation from continuing.
If the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship, the Commission shall be empowered
to grant such exceptions as may be reasonable within the general purpose and
intent of this chapter.
The requirements of this chapter shall be considered to be in addition
to and in no case shall they be interpreted as a substitute for any other
approval, permit or other action otherwise required.
