Bridgeton City Zoning Code
ARTICLE VI
Historic District
§ 370-28 Establishment of Historic District Commission.
An advisory Historic District Commission is established for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value within the City of Bridgeton.
§ 370-28.1 Definitions.
As used in this article, the following terms shall mean and include:
A new improvement as part of, or added to, an existing improvement that changes the exterior architectural appearance of any individually designated historic landmark or any structure within a designated historic district.
An approval issued by the Administrative Officer in accordance with the provisions of N.J.S.A. 40:55D-111.
The person designated to administer historic project review applications with the Historic District Commission.
The general term for considerations of such specific architectural and visual values as size, shape, mass, scale, relationship of solids to voids, rhythm, balance, symmetry, asymmetry, color, texture, design and decoration, etc.; aesthetic considerations may be appropriate to individual sites, buildings or structures or to groups of sites, buildings or structures in relation to one another and to their surrounding context(s).
Any development activity which alters the architectural appearance of an historic landmark or any improvement within an historic district, including demolition of structures on an historic landmark property.
Work done on any improvement that constitutes a visible change of the architectural appearance of an improvement and that is not formally defined as an addition.
Any element or part of a structure visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, roof; also the type, color and texture of the building materials, signs and other decorative and architectural elements; also the architectural style, overall appearance, design or general arrangement of a structure.
The certificate issued by the Administrative Officer required prior to undertaking rehabilitation, restoration, renovation, alteration, repair or demolition within an historic district or on an individually designated historic structure and its accessory buildings or structures, pursuant to this article of the municipal ordinances.
A geographically definable area such as a park, which combines natural and constructed features of the environment, in which the natural features may predominate, but where the agency of human culture or development has been a force in shaping the visible natural features. A cultural landscape may in whole or part be designated as an historic district wherever such natural and cultural and historic features combined are significant to a period or event or series of events in the history, prehistory, or culture of a city, county, state, or nation.
Denotes an importance or value ascribed to a particular site, building, structure, landmark or place by a community or part of a community (e.g., a particular ethnic community) beyond what may be typically or readily defined as historical or architectural; or it may be a value that is not or is not yet affirmed by expertise in those fields but is reflected in oral or community tradition. Cultural significance may also be ascribed to sites, structures, buildings, landmarks, or places for the synergistic effect of their combined historical, social and/or architectural associations.
Partial or total razing or destruction of any historic landmark or of any improvement within an historic district, or of any structure on an historic landmark property.
The condition of being in need of repairs; a structure or building in poor condition.
An area of the City of Bridgeton to which the criteria in Subsection A(1), (2) and (3) all apply, or to which the criterion in Subsection A(4) alone applies:
Has a special character or special historic, cultural, or aesthetic interest or value.
Represents a distinct cultural feature or combination of features or cultural landscape related to history, or exhibits one or more periods or styles in architecture or development in the history of the City, county, state or nation.
By reason of such features to constitute a distinct section of the City.
Has been designated as an historic district pursuant to the provisions of this article and of prior statutory provisions governing the designation and protection of historic landmarks.
Resources within an historic district shall be classified as Key, Contributing or Noncontributing, and to the extent possible shall be so classified in the resource documentation, and are defined as follows:
KEYAny buildings, structures, sites or objects which would individually qualify for inclusion on the National Register of Historic Places.
CONTRIBUTINGAny buildings, structures, sites, objects or landscape features which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, method, or cultural feature for which the district is significant.
NONCONTRIBUTINGBuildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method or a cultural feature for which the district is significant.
The body which, for the purposes of this chapter, acts as the Historic Preservation Commission as cited in the MLUL., and as set forth in Bridgeton City Ordinance Nos. 83-21 and 89-11.
A map of the City depicting the appropriate tax blocks and lots contained within the Historic District, and which shall be marked to identify the location of designated historic landmarks, historic landmark sites and historic districts.
Any improvement which has been designated as an historical landmark pursuant to the provisions of this article. Such designation means that, in part or whole, such landmark improvement has a special character or special historic or aesthetic interest or significance as part of the development, heritage or cultural characteristics of the City, county, state or nation.
Any parcel or part thereof on which an historic landmark is situated or which itself constitutes a landmark; the historic landmark site pursuant to the provisions of this article. This shall also include all primary and accessory structures or buildings located on the subject property.
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 continuous days.
A list of historic properties determined to meet the criteria of significance as specified herein. Additionally, it shall include all of the buildings, structures, sites, streetscapes and districts identified in the Bridgeton City Historic Sites Survey, prepared for the City of Bridgeton by Hugh J. McCauley Associates in July and August 1979. This shall also include any cultural resource inventory prepared subsequently which shall have used criteria for such an inventory determined professionally appropriate and acceptable at the time of the work.
Any application for a certificate of appropriateness which:
Involves demolition or removal of a designated building or structure, addition to a designated building or structure or construction of a new structure in an historic district; or
Otherwise falls within the criteria for major applications set forth in § 370-31A(3)(b)[1].
Any application for a certificate of appropriateness which:
Does not involve demolition or removal of a landmark or building within the district, addition to a building or construction of a new structure in an historic district; or
Meets the criteria for a minor application, set forth in § 370-31A(3)(b)[2].
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.
The official list, maintained by the United States Department of the Interior, National Park Service, of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture.
The period of time, during an application involving demolition, in which an official notice must be given in the manner and form prescribed in this article.
A thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.
The repair of any deterioration, wear or damage to a structure or any part thereof in order to-return the same to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality of workmanship, and in accordance with the requirements of the New Jersey Uniform Construction Code.
In reviewing an application for a certificate of appropriateness, consideration must be given by the Historic Preservation Commission of what effect applying the criteria of the municipal historic preservation ordinance, or the Secretary of Interior's Standards, regarding the preservation, rehabilitation, restoration or reconstruction of an historic resource will have and how it will impact the applicant's ability to use the property. Demonstration that meeting these criteria is not practical must include sufficient evidence or provide sufficient reasons explaining this negative impact. The Historic Preservation Commission cannot take financial hardship into account as a reason.
The act or process of applying measures necessary to sustain the existing form, integrity and materials of a property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this particular activity; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional is appropriate within a preservation activity.
Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects which comprise only floor finish replacement, painting or wallpapering, or the replacement of equipment or finishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
As specifically applied to historic sites and structures, reconstruction shall also mean the act or process of depicting or reconstructing by means of new construction the form, features and detailing of a nonsurviving site, landscape, building, structure or object, or a site that has otherwise lost its historic integrity, for the purpose of replicating its appearance at a specific period of time and/or in its historic location.
In general, the repair, renovation, alteration or reconstruction of any building or structure in accordance with the New Jersey Uniform Construction Code. As applied to historic structures, rehabilitation work preserves or restores, or takes into account those proportions or features which convey its historical, cultural or architectural values of a structure or on which its integrity as an historic structure relies.
To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
For the purposes of this chapter, any work done on an historic structure or improvement which cannot be defined as an addition to the improvement, and which does not, by virtue of changing its exterior historic architectural appearance, constitute an alteration.
The act or process of replicating any historic or architecturally defining exterior architectural feature with the same materials (or with materials that satisfactorily simulate the appearance of the original) in order to substitute for a feature that has been deteriorated or extensively damaged.
The act or process of replicating any historic exterior architectural feature to substitute for the existing and deteriorated or extensively damaged architectural feature with the same materials as the original feature.
The act or process of accurately depicting the form, features, and character of an historic property as it appeared at a particular period of time by means of the removal of features inappropriate to that period and the reconstruction of missing but appropriate features. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.
The publication issued by the United States Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," issued in 1995 and revised from time to time.
Any place where a significant event or pattern of events occurred. A site may also be the location of a ruined building, structure, or object if the location itself, and/or the objects found therein, possess historic, cultural, or archaeological significance. Both primary and accessory buildings and structures may be included as or within sites. Besides including structures and improvements, a site may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or a site may be a place designated as the symbolic focus of a significant event or pattern of events.
The overall visual character of the street, including, but not limited to, the architecture and architectural character, building rhythms, setbacks and height, fences, and storefronts. The character of a streetscape is also affected by signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
§ 370-29 Commission composition; qualifications; terms; removal and vacancies; records and meetings.
A.
The Commission shall consist of five members and two alternates who shall serve without compensation and who shall be appointed by the Mayor. All Commission members shall be residents of the City of Bridgeton, except as noted in § 370-29(C). To the extent available in the community, the Mayor shall appoint professional members from the disciplines of planning, cultural anthropology, conservation, landscape architecture, architecture, history, architectural history, prehistoric archaeology and historic archaeology who meet the standards contained in the National Park Service Professional Qualification Standards. The Mayor can request from the New Jersey State Historic Preservation Office an exemption from this requirement by demonstrating that a reasonable effort has been made to appoint qualified professionals. Information on the credentials of a proposed Commissioner should be attached to requests submitted to the Mayor for approval of appointment, and remain on file with the Administrative Officer and the Mayor thereafter. Vacancies on the Commission are to be filled with qualified members within 60 days.
B.
The initial terms of office of the first Commission members shall be for one, two, or three years to be designated by the Mayor in making such appointments in the following manner: Three of such members shall be appointed for terms of one year, two of such members shall be appointed for terms of two years, and two of such members shall be appointed to terms of three years. The terms of each such member shall expire on December 31 of the last year of each such member's term and upon the appointment and qualification of such member's successor. The terms of appointment of succeeding Commission members shall be for four years each, to expire on December 31 of the last year of such succeeding member's term and upon the appointment and qualification of such member's successor. The initial terms of the alternate members shall not exceed two years, and, thereafter, the term of an alternate member shall be two years.
C.
Regular members of the Historic District Commission shall include at least one member of each of the following classes who may reside outside of the municipality: Class A - a person who is knowledgeable in building design and construction or architectural history; and Class B - a person who is knowledgeable or with a demonstrated interest in local history. Of the regular members of the Commission a total of at least one less than a majority shall be Class A and B. Those regular members who are not designated as Class A or B shall be designated Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment. Alternate members shall meet the qualifications of Class C members. At the time of appointment or reappointment of the members of the Commission, such members shall be designated by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
D.
Each year, all members of the Commission should attend a conference or training workshop on historic preservation issues or a related field.
E.
The Mayor may remove any member of the Commission for defined cause or written charges served upon such member and after a hearing thereon at which hearing the member shall be entitled to be heard in person or by counsel. A vacancy on such Commission occurring other than by expiration shall be filled in the same manner as an original appointment.
Attendance. Board members shall be deemed to have vacated their appointment when they fail to attend and participate at meetings pursuant to N.J.S.A. 40A:9-12.1 based on six consecutive weeks or for three consecutive regular meetings without being excused. |
F.
Information on the credentials of the Commission members and on any special consultants shall be kept on file with the Administrative Officer and the Secretary of the Commission and remain available to the public on request.
G.
Officers, staff and expenditures.
(1)
The Commission shall elect a Chairman and Vice Chairman from its members. The Commission shall also appoint a Secretary who may or may not be a member of the Commission or a municipal employee. The Commission shall be governed by Robert's Rules of Order. At least three members of the Commission shall constitute a quorum for the transaction of business. The Commission shall adopt, subject to formal approval by the Mayor and City Council, rules for the transaction of its business, in the form of bylaws, which shall provide for the identification of the time and place of holding regular meetings and for the calling of special meetings by the Chairman or at least four regular members of the Commission and all other operations of the Commission. All meetings of the Commission shall be governed by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. The Commission shall be governed in its formal operations by its bylaws, or in the absence of formally adopted bylaws, by Robert's Rules of Order.
(2)
Pursuant to the requirements of N.J.S.A 40:55D-108:
(a)
The City Council shall make a provision in its budget for appropriate funds for the expenses of the Commission to include application fees and escrows.
(b)
The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary.
(c)
Expenditures shall not exceed the amount appropriated by the City Council.
(3)
The Commission may appoint, pro tem, a recognized professional in the field of architectural history, historic preservation and planning to advise the Commission on matters before it, as it may deem necessary to assist in rendering decisions, pursuant to this chapter.
(4)
The Commission Chair and, in the absence of the Chair, the Vice Chair shall serve as the presiding officer for all Commission meetings, and shall establish the agenda for those meetings.
(5)
The Secretary shall keep a record of the proceedings of the Commission, including attendance, voting records, resolutions, and any findings, determinations and decisions. The Secretary shall also be responsible for preparing all letters and other correspondence for the Commission, having the appropriate member(s) of the Commission sign the correspondence and mailing and/or distribution of such correspondence.
(6)
The Commission shall adopt and promulgate such procedures as are necessary and proper for the effective and efficient performance of its assigned duties. This includes establishment of standing committees, subcommittees or ad-hoc committees.
H.
The Historic Preservation Commission may create, adopt and publish bylaws as needed for its further operation.
§ 370-29.1 Responsibilities, powers and duties.
The Commission shall have the following responsibilities, powers and duties:
A.
Within one calendar year of the adoption of this article, the Commission shall prepare and adopt an Historic District Map pursuant to § 370-30 which shall be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the City Council for inclusion as Attachment 1A of this chapter.[1]
[1]
Editor's Note: Upon adoption of the Historic District Map, Attachment 1A will be included as an attachment to this chapter.
B.
Pursuant to N.J.S.A.40:55D-110, the approving authority shall refer an applicant to the Historic Commission to obtain a certificate of appropriateness. Pursuant to N.J.S.A. 40:55D-111, the Historic Commission shall submit a report of its finding on the application to the approving authority. When appropriate, the Historic Commission may designate a member to attend the approving authority meeting to testify orally at the hearing on the application and to explain any written report which has been submitted.
C.
To evaluate properties included in the community-wide inventory against the criteria for the National Register of Historic Places and, for those not yet included, prepare nominations for the consideration of the State Historical Preservation Officer. Inventory material shall be:
D.
To review proposed nominations for properties or sites to be included in the New Jersey or National Register according to the following process:
(1)
Whether the nomination materials are received or initiated by the Commission, the Commission shall promptly notify the State Historic Preservation Office and forward a copy of the nomination to the state agency;
(2)
Within 45 days of receipt or initiation of the nomination, the Commission shall allow a reasonable opportunity for public comment on the nomination by publicly announcing when the nomination will be discussed and conducting the discussion at a public meeting that complies with the requirements of the New Jersey Open Public Meetings Act;[2]
[2]
Editor's Note: See N.J.S.A. 10:4-6.
(3)
In considering a National Register nomination that is normally evaluated by a professional in a specific discipline, if that discipline is not represented on the Commission, the Commission must seek expertise in this area;
(4)
The Commission shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Office that a nomination is technically complete, the Mayor shall transmit the report of the Commission with recommendations to the State Historic Preservation Office.
E.
To amend, from time to time, as circumstances warrant, the landmark designation list and Historic District Map in the manner set forth in § 370-30.
F.
To report at least annually to the approving authority and City Council on the state of historic preservation in the City and recommend measures for improvement. Such a report shall address, at a minimum, any properties added to either the New Jersey or National Registers of Historic Places; areas in the community that the Commission determines may be experiencing development pressures that would impact historic landmarks or historic districts; buildings or structures that the Commission may be considering for local designation.
G.
To collect and disseminate material on the importance of historic preservation and preservation techniques and make available such materials to interested citizens and applicants, and to prepare and distribute a design guidelines booklet addressing the specific design needs of individually designated buildings and structures and such buildings and structures within a designated historic district.
H.
To advise upon request all interested citizens, applicants, municipal, county and state agencies regarding goals and techniques of historic preservation as it relates to the preservation of the heritage of the City.
I.
To adopt and promulgate such procedures not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties assigned herein. This shall include the establishment of standing committees, subcommittees or ad-hoc committees.
J.
To advise the approving authority, upon request, as to any applications before them which are not within but which may substantially affect or impact any historic district or individually designated historic landmark.
K.
To carry out such advisory, educational and informational functions to promote historic preservation in the City and to consult with such other agencies or organizations as deemed necessary and appropriate on all matters pertaining to the protection and preservation of the City's cultural resources.
L.
To undertake a review of all Section 106 (National Historic Preservation Act of 1966) applications for projects within the City and for those projects outside of the City but which may have a physical or visual impact on the cultural resources of the City. The Commission shall develop, in a timely manner, a report on its findings and submit the same to the State Historic Preservation Office, and the approving authority hearing the application for development.
M.
To undertake the review of all applications for a certificate of appropriateness in accordance with § 370-31.
O.
To memorialize the decisions and findings made on all matters brought before the Commission through adopted resolutions.
§ 370-30 Designation of historic landmarks, historic landmark sites and historic districts.
A.
Survey. The Commission shall maintain a comprehensive survey of the City of Bridgeton to identify historic landmarks, historic landmark sites and historic districts that are worthy of protection and preservation. The original basis of this survey shall be the buildings, structures, sites, objects and districts identified in the Historic Sites Survey prepared for the City of Bridgeton by Hugh J. McCauley Associates in July and August 1979. The survey shall include and incorporate any subsequently designated cultural resources or authorized cultural resource inventory that was prepared using criteria determined professionally appropriate and acceptable at the time of the work. The designation list and map shall be incorporated into the Bridgeton City Master Plan and Zoning Ordinance as required by the MLUL.
B.
Criteria for designation. The criteria for evaluating and designating historic landmarks, historic landmark sites and historic districts shall be guided by the National Register Criteria. The Commission or any person may recommend designation of historic landmarks, historic landmark sites or historic districts within the City that they believe to be in accordance with the National Register criteria, and that in addition to possessing integrity of location, design, setting, materials, and workmanship are at least 50 years old and meet one or more of the following criteria:
(1)
Possess character, interest, or value as part of the development, heritage or cultural characteristics of the City, state or nation; or
(2)
Are associated with events that have made a significant contribution to the broad patterns of our history; or
(3)
Are associated with the lives of persons significant in our past; or
(4)
Embody the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
(5)
Are identified with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the City, state or nation; or
(6)
Embody elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or
(7)
Possess a unique location or singular physical characteristics that make a district, or landmark or site an established or familiar visual feature; or
C.
Procedures for designation.
[Amended 9-17-2013 by Ord. No. 13-06]
(1)
Any person, Commission member, or the Commission itself, may initiate the designation of an historic landmark, historic landmark site or historic district. Persons wishing to make a nomination shall contact the Commission Secretary and file a nomination packet that contains the following information:
(a)
Photographs in both color and black and white of the proposed individual property or resource for which landmarking is sought; or, if a district, a building-by-building or site-specific inventory with photographs in color and black and white of all properties or resources within the proposed district; and
(b)
A copy of the Municipal Tax Map defining the boundaries of the site or resource or district, or specifying the location of the property on which it is situated; and
(c)
A written description of the physical character, condition and visible details of the proposed landmark, site, or district; and
(d)
A written statement of significance of the resource, site or district, employing the criteria set forth in this chapter.
(2)
Following receipt of a complete nomination to propose an historic landmark, historic landmark site or historic district, the Commission shall schedule a public hearing on the proposed designation as promptly as possible. At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
(a)
Notify the owner(s) of record of any and all properties that have been proposed for historic landmark or historic landmark site designation, or that are located within a district that has been proposed for historic district designation, that the property is under consideration for such designation and the reasons therefor;
(b)
Advise the owner(s) of record of the significance, consequences and rights to contest such designation;
(c)
Advise the owner(s) of record of the date, time and location of the hearing;
(d)
Serve any further notices as may be required under the provisions of the MLUL;
(e)
Cause public notice of the hearing to be published in the official newspaper of the City;
(f)
Assure that a copy of the nomination report is made available for public inspection in the municipal offices of the Municipal Clerk.
[Amended 9-19-2017 by Ord. No. 17-20]
(3)
At the public hearing, the Commission shall review the nomination report and accompanying documents. Interested parties shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(4)
If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed historic landmark, historic landmark site or historic district to the City Council, which shall contain a statement and reasons for the Commission's recommendations. The City Council shall then consider whether to adopt or reject the proposed historic designation(s). If adopted, the corresponding landmark, site, or district shall then be subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(5)
All other requirements of the MLUL regarding adoption of development regulations shall be followed.
(6)
Upon adoption of an ordinance by the City Council designating an historic landmark, historic landmark site or an historic district, the designation shall supplement rather than supersede the existing zoning district in which the affected historic landmark, historic landmark site or historic district is located. At that time, the designation list and map shall be incorporated into the Bridgeton City Master Plan and Zoning Ordinance as required by the MLUL.
(7)
Designated properties shall also be noted as such on the records for those properties maintained by the approving authority, City Construction Official, the City Tax Assessor and the Municipal Clerk.
[Amended 9-19-2017 by Ord. No. 17-20]
D.
Amendments. Amendments to historic landmark, historic landmark site or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this chapter.
§ 370-31 Design review of demolition, relocation, alteration and new construction; certificate of appropriateness.
A.
Certificate of appropriateness.
(1)
When required. A certificate of appropriateness shall be required before any work is commenced on any historic landmark, any historic landmark site or improvement within an historic district, whether or not a permit is required for such work, including but not limited to the following:
(a)
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described by Subsection A(2) below.
(b)
Demolition of any building, structure, site, object or improvement.
(c)
Relocation of a principal or accessory building, structure, object or improvement.
(d)
Any addition to or new construction of a principal or accessory building, structure, object or improvement.
(2)
When not required. A certificate of appropriateness shall not be required:
(a)
Before a permit is issued by the Zoning Officer for changes to the interior of a structure, unless that interior has been specifically landmarked in its own right, or if the interior change will affect the appearance of the exterior of the building.
(b)
For any strictly in-kind repair or exact replacement of any existing improvement.
(c)
For repainting in the existing color or color palette, if this was previously approved by the Commission. If this was not previously approved, a certificate of appropriateness shall be required. In the event that the color or exterior surface material of the improvement shall be changed as a result of such repainting, repair or exact replacement, a certificate of appropriateness shall be required, as in Subsection A(1)(a) above.
(d)
For work contemplated that, in the opinion of the Commission (or the Administrative Officer acting in its behalf), constitutes "ordinary maintenance and repair" as defined by this chapter. In such cases, if a permit is required for the proposed work, the Commission or Administrative Officer shall promptly notify the Zoning Officer that a certificate of appropriateness is not required as a prerequisite to the issuance of a permit, and has been waived.
(3)
Application procedures.
(a)
Except for the circumstances described in § 370-31A(2)(a) and (b) above, no work shall be performed on any historic landmark, historic landmark site or on any building, structure, object, site or improvement located within an historic district until either a certificate of appropriateness has been issued by the Commission's Administrative Officer, or if forwarded to the Commission for determination, until the Commission has either approved such work or determined that no certificate of appropriateness is necessary because the proposed work constitutes "ordinary maintenance and repair" pursuant to this chapter.
(b)
All applicants shall complete and submit a preapplication form for a certificate of appropriateness, as adopted by the Historic District Commission, not less than 10 calendar days before a regularly scheduled meeting of the Commission. The Administrative Officer may waive this time requirement if, in his judgment, the application is of an emergent nature. The Administrative Officer shall in all cases be responsible for receiving and processing the preapplication form and assuring that it is accompanied by the necessary supporting documents. The Administrative Office shall review the preapplication form and documents and classify the application in accordance with the scope of work for which approval is being sought.
[1]
If the action for which the certificate of appropriateness is requested will substantially affect those characteristics of the district listed on the district's landmark designation, the Administrative Officer shall classify the application as a major application, and be guided by the process as set forth in § 370-31A(5).
[2]
If the action for which the certificate of appropriateness is requested will not substantially affect the building, structure or district as stated in § 370-31A(3)(b)[1] above, then the Administrative Officer shall classify the application as a minor application, and be guided by the process as set forth in § 370-31A(4).
(4)
Process for minor applications.
(a)
Minor applications may be heard and decided by the Administrative Officer as soon as they are classified as such and the Administrative Officer has determined that the supporting documentation is complete. If the Administrative Officer judges the minor application to be of sufficient complexity or uncertainty in its effect, however, the Administrative Officer may pass it on to the Commission for evaluation and review at the next regularly scheduled meeting.
(b)
The Administrative Officer shall maintain a brief, running inventory of the applications adjudged to be minor that have received certificates of appropriateness during the interval between Commission meetings, and provide this to the Commission Chair before each regular meeting.
(c)
The Administrative Officer shall also determine whether or not an adjacent property may be affected by the proposed undertaking, even if the undertaking is judged to be minor. If so, the Administrative Officer may order, as a condition of final approval, that the applicant send notice of the Commission's or Administrative Officer's actions to such owners of adjacent properties, by certified mail with return receipt. The adjacent property owners will then have 30 calendar days from the date of receipt to file a written objection with the Administrative Officer.
(d)
If no objections are received, the approval of the minor application shall be deemed final. If written objection is received, the Administrative Officer shall refer the matter to the Commission for its consideration or reconsideration and decision at the next regularly-scheduled meeting. Any objector will have full rights to present evidence and to cross-examine witnesses or the applicant. The Commission shall hear and decide any objection within 45 calendar days of its receipt by the Administrative Officer.
(5)
Process for major applications.
(a)
Major applications shall be heard and decided by the Commission within 45 calendar days following the determination of the application deemed administratively complete by the Administrative Officer, or any extension of time that has been mutually agreed upon by both the applicant and the Commission.
(b)
In addition to those items required to be submitted as a part of a complete application, if the application is deemed by the Administrative Officer to be of sufficient impact on surrounding properties, the applicant shall also submit:
[1]
A copy of the certified list of property owners within 200 feet of the subject property, as issued by the City Tax Assessor, and a certificate that all such property owners have been sent a certified return mail notice of the application not less than 10 calendar days prior to the hearing on the application.
[2]
Proof of publication of the legal notice that appeared in the officially designated newspaper of record at least 10 calendar days prior to the hearing on the application.
(c)
The Historic District Commission may advise the applicant and make recommendations in regard to the appropriateness of the proposed action and may grant approval upon such conditions as it deems appropriate within the intent, purposes and standards of this chapter and as may be contained in the "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings."
(d)
Should final action on an application not take place within the prescribed or agreed-upon time frame, the application shall be deemed to have been approved.
(e)
The Commission may require the submission by the applicant of such additional materials as it reasonably requires in order to make an informed decision; absent those materials, the Commission may judge the application to be incomplete, and carry over the application to the next meeting or next mutually agreed-upon date without affecting the prescribed forty-five-day period for a decision.
(f)
The Commission shall clearly set forth its decision with its findings of fact and conclusions in reference to the particular application.
(g)
If an application is approved, the Historic Preservation Commission shall grant the issuance of a certificate of appropriateness and, through the Administrative Officer, provide the same to the applicant along with a certified copy of the resolution.
(h)
In any instance where the Commission disapproves an application, the Commission, through the Administrative Officer, shall notify the applicant with a certified copy of the resolution of that determination. A summary of the Commission's action, with the full language of the resolution, shall be published in the official minutes of the Commission, and be made available on request.
(i)
In the case of a major application, where the Commission is persuaded by visual evidence, its own or the applicant's, that the proposed addition, removal or alteration is not sufficiently visible from any viewing-point normally accessible to the public to adversely impact the historic viewscape, the Commission may by majority vote of the full authorized membership grant a certificate of appropriateness on that basis.
(j)
In the case of the Commission granting an applicant approval, approval with conditions or denial, a summary of the Commission's action shall be published in the official newspaper of record.
(6)
Requirements for a complete major application.
(a)
An application for a certificate of appropriateness, or for a determination of nonnecessity of a certificate of appropriateness, shall be accompanied by appropriate sketches, drawings, photographs, descriptions or other information as required by the Administrative Officer or the Commission, or as specified in the application checklist. The information should include existing or prior conditions proposed to be altered, projected future appearance of the structure or site after alterations, additions, changes or new construction are complete. Wherever possible, the application shall include both historical and contemporary photographs of the exterior of the landmarked site or structure.
(b)
An application for demolition shall include historical and contemporary photographs of the exterior and interior of the building or structure in question, if possible.
(7)
Form of recommendations issued for major or minor applications that come before the Commission.
(a)
The Commission shall recommend to the Administrative Officer either the approval, approval with conditions or denial of the application for a certificate of appropriateness.
(b)
The Commission shall explain in writing the reasons for its recommendation, and otherwise provide information sufficient to instruct the Administrative Officer on how to guide the applicant in meeting the expectations of the Commission's recommendations. The explanation shall focus the effect of the proposed undertaking on the landmark's historic and/or architectural significance as set forth in the criteria of this chapter.
(c)
The Administrative Officer shall follow the recommendations of the Commission.
B.
Applications for demolition.
(1)
The Commission shall first consider whether preservation of the historic landmark in place is feasible or, failing that option, whether preservation of the historic landmark at another location is feasible and practical. In determining whether preservation of the historic landmark in place is feasible, the following factors shall be considered:
(a)
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(b)
Its status with regard to the New Jersey and National Registers of Historic Places; i.e., whether it is individually listed or eligible to be listed; whether it is a part of a registered or eligible historic district, and whether, within that district, it is a key, contributing or noncontributing building.
(c)
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 difficulty.
(d)
The extent to which its retention would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in studying architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
(e)
The probable impact of its removal upon the ambience of the historic district, if it is within an historic district.
(f)
Whether the site contains any extant archaeological resources.
(g)
Whether the historic landmark represents the last or best remaining example of its kind in the City that possesses research potential or public education values.
(h)
Whether the historic landmark can be preserved by protecting its location from disturbance.
(i)
Whether redesign of the development proposal to avoid impact can result in the preservation of the building or structure in question.
(j)
The historic, architectural, aesthetic and social significance of the structure or building and/or importance and uniqueness to the City and the extant archaeological resources.
(k)
Whether protective measures will result in the long-term preservation of the historic landmark.
(l)
Whether the steps necessary to preserve the historic landmark are feasible and practical.
(2)
In the event that the Commission determines that preventing demolition is not feasible and recommends that the demolition of a listed or contributing historic landmark be approved, the following steps shall be taken:
(a)
The applicant shall be responsible for preparing and submitting to the Commission a completed set of drawings and photographs of the historic landmark that meet the standard established by the Historic American Buildings Survey (HABS), as administered through the United States Department of the Interior. The photographs are to be taken by a professional photographer, shall be eight-inch-by-ten-inch black and white prints made on archival quality photographic paper and be taken from large format (four-inch-by-five-inch minimum size) negatives.
(b)
The drawings and photographs shall be submitted to the Commission for review and acceptance. Prior to the municipality issuing the formal certificate authorizing the demolition, the applicant shall have submitted two sets of drawing prints and one set of reproducible Mylar prints; and two sets of eight-inch-by-ten-inch black and white photographic prints and the large-format negatives from which the prints were made.
(c)
These requirements may be waived by the Historic District Commission if the demolition involves a noncontributing building or structure within a designated historic district.
(3)
In the event that the Commission recommends denial of an application for a certificate of appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, the owner shall be entitled to raze or demolish the same, provided that all of the following requirements have been fully met prior to the formal demolition permit being issued by the City:
(a)
Appeal to the New Jersey State Superior Court. The owner has applied for the necessary certificate of appropriateness and has received notice of the denial of same from the Administrative Officer and has appealed to the New Jersey State Superior Court.
(b)
If the New Jersey State Superior Court overturns the denial issued by the Administrative Officer, then the applicant will be responsible for completing the documentation components stipulated in § 370-31B(2) above prior to the formal demolition permit being issued by the City.
(c)
Attempt at sale for fair market value. The owner presents evidence that prior to seeking demolition for a period of at least 365 days thereafter (the "offer period"), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement and the land pertaining thereto to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement and the land pertaining thereto. This offer period may have a start date that is before or after the application to demolish, but the date must be documented.
(d)
Demolition notice posted and publication. The owner has caused a notice of any proposed demolition, clearly readable by the public, to be posted on the exterior premises of the building, structure, site, object or improvement throughout the notice period. The actual size and location of the notice sign shall be determined jointly by the Commission and the applicant at a public meeting on the application.
(e)
In addition, the applicant shall publish a notice in the officially designated newspaper of the City setting forth the following:
[1]
The applicant's intent to demolish, including a description of the subject property by block and lot number, as well as by physical location, and a brief written description of the building, structure, site, object or improvement to be demolished, using its common or well-known name, if it has one; and
[2]
The applicant's proposed use of the property following demolition; and
[3]
The proposed time frame(s) associated with the demolition; and
[4]
A statement indicating the applicant's willingness to consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
[5]
The owner's name, address, and telephone number where the owner may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or make an offer to purchase the property as set forth above.
(f)
The notice shall be published as follows:
(g)
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
[1]
Advise the Commission in writing, by certified return mail, of its intention to proceed with the demolition; and
[2]
Certify in writing to its compliance with the provisions of § 370-31B(2) and (3)(b), relating to photographic and drawing documentation and to the three-hundred-sixty-five-day offer period, respectively; and
[3]
Provide the Commission with a copy of the notices that appeared in the officially designated newspaper(s) of the City and a listing of all of the dates on which the said notice(s) appeared in the newspaper(s); and
[4]
Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the three-hundred-sixty-five-day offer period or following the newspaper notices referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
[5]
File copies of the affidavits of publications relating to all newspaper notices with the Commission.
(h)
Notice period. The period of time during which the notice must be given in the manner set forth shall be known as the "notice period," which shall commence on the 10th day following the date of the notice of denial of the appeal from the New Jersey State Superior Court, and such notice period shall run for a period of time of 60 days.
(4)
Assignment. The rights granted by a certificate of appropriateness to demolish a building or structure cannot be reassigned.
(5)
Expiration of approval.
(a)
In cases where demolition is approved, the certificate of appropriateness shall be valid for one year from the date of the Commission approval of the application. The one-year approval shall not be extended.
(b)
At the time of issuance of the certificate of appropriateness to demolish, the Zoning Officer shall designate the period of time, within the one-year approval period, within which demolition must be completed.
(6)
Approval after change of circumstances. If, at any time during the notice period, a significant change in circumstances occurs that can be shown beyond reasonable doubt to demand immediate action to protect the health and safety of the public, the Commission may be called upon to approve a certificate of appropriateness to demolish, in which event, a permit from the Construction Official shall be issued within 10 business days thereafter.
C.
Removal of an historic landmark out of the municipality.
(1)
In regard to an application to move an historic landmark within an historic district or an individually designated historic landmark to a location outside the City, the following matters shall be considered, in addition to the criteria set forth in § 370-31B:
(a)
Whether the historic landmark can be relocated and still retain its historic significance.
(b)
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(c)
Whether alternative locations that are compatible with the historic landmark are available.
(d)
Whether it is feasible and practical to relocate the historic landmark.
(e)
Whether the relocation will result in the long-term preservation of the historic landmark.
(f)
The rationale for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district.
D.
Removal of an historic landmark to another location within the City.
(1)
The following matters shall be considered in addition to the criteria listed in § 370-31B when moving an individually designated historic landmark or any building or structure in an historic district to a new location within the City:
(a)
Whether the historic landmark can be relocated and still retain its historic significance.
(b)
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(c)
Whether alternative locations that are compatible with the historic landmark are available.
(d)
Whether it is feasible and practical to relocate the historic landmark.
(e)
Whether the relocation will result in the long-term preservation of the historic landmark.
(f)
The rationale for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district. Consideration must be given to the site where the building or structure is to be relocated.
(2)
Following the relocation of the historic landmark to another site in the City, the Commission shall retain jurisdiction on the building and site for purposes of review of any future development activity in terms of alteration, addition or demolition. The tax block and lot number of the new site shall be added to the list of designated historic properties and shall be included on the Historic District Map, as defined in this chapter.
E.
Alterations and additions. The following factors shall be considered for an application for alterations and/or additions affecting an individually designated historic landmark, site or a building or structure within a designated historic district:
(1)
Design and materials. The proposed design and materials shall conform to the building's original architectural style.
(2)
Original qualities. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal of alteration of any historic material or distinctive architectural features shall be avoided.
(3)
Acquired significance. Changes that have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(4)
Repair versus replacement. Deteriorated architectural features (e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired rather than replaced, wherever possible, using the Secretary of the Interior's Standards for Rehabilitation and appropriate guidelines developed in keeping with these Standards by the National Park Service. In the event replacement is necessary, the new material should match the material replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(5)
Design of alterations or additions. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. The proposed addition cannot exceed more than 25% of the total above-grade enclosed and livable square footage of the existing building or structure.
(6)
Character of alterations. Wherever possible, new additions and alterations to buildings or 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.
(7)
Synthetic siding. Synthetic siding is not permitted on key buildings. Synthetic siding may be used to resurface facades of low public visibility on contributing buildings that were originally wood-sided only if the substitute siding is similar in design, width and texture to the original siding and will not endanger the physical condition and structural life of the original building. Architectural trim must be retained, and packing out of window and door frames is specifically prohibited.
(8)
Window and door openings.
(a)
Size, location and style. The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from a public street. The replacement window or door shall be of the same style and type that was originally used on the building or structure.
(b)
Metal windows. Where appropriate to the building or structure in question, metal windows shall be permitted to match the metal windows which were used when the building or structure was originally built.
(c)
Key buildings. Fiberglass-clad, vinyl-clad and aluminum-clad windows and doors are not acceptable on key buildings. New wood windows and doors shall be historically and architecturally correct for the building or structure.
(d)
Contributing buildings. Fiberglass-clad, vinyl-clad and aluminum-clad windows and doors are not acceptable on the front facades of contributing buildings. Non-wood-surfaced window sashes, frames and doors and door frames may be used on side and rear exposures of low public visibility on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width, height and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building or structure. Pure vinyl windows are not permitted.
(e)
Noncontributing buildings. Non-wood-surfaced window sashes, frames and doors are acceptable as replacement windows or doors on noncontributing buildings. Pure vinyl windows are not permitted.
(f)
Trim and adornments. Architectural trim and adornments must be retained. Wrapping and/or packing out of wood frames of windows and doors is specifically not permitted.
F.
New construction. The following factors shall be considered for new construction on vacant lots or replacements affecting an historic landmark, site, or an improvement within an historic district:
(1)
Height. The height of the proposed buildings shall be visually compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3)
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4)
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(5)
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which they are visually related.
(6)
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which they are visually related.
(7)
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(8)
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(9)
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually related.
(10)
Directional expression of front elevation. A building and/or structure shall be visually compatible with buildings and/or structures to which it is visually related in its vertical character, horizontal character or nondirectional character.
(11)
Exterior features. A building and/or structure's related exterior features such as lighting, fences, signs, sidewalks, driveways, satellite dishes, solar panels and parking areas shall be compatible with the features of those structures to which it is visually related.
(12)
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building shall be visually compatible with buildings and places to which it is visually related.
G.
Permit review. It shall be the duty of all municipal officials reviewing permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness and, if it should, to inform the Historic District Commission, the Planning Board or the Zoning Board of Adjustment and the applicant regarding the need to make such an application to the Commission.
§ 370-31.1 Emergency review.
A.
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 the Uniform Construction Codes, without first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the 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.
B.
The property owner shall make a request for the Commission's review simultaneously with the onset of the 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 appropriateness application as provided in this chapter. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). A certificate of appropriateness may be issued following a majority vote of the members of the Commission convened at such an emergency meeting.
C.
No work in addition to the emergency repairs shall be performed on the structure until an appropriate application for a certificate of appropriateness is made and approval is obtained from the Commission after referral of the request by the Construction Official.
§ 370-32 Procedures for review of site plans, subdivisions and variance applications.
A.
In conjunction with all applications presented to the approving authority for site plan, subdivision or variance approval(s) that relate to land, buildings or structures within the established historic districts or for any buildings, structures, sites or objects designated as an historic landmark pursuant to this chapter, an applicant shall also submit a copy of such application to the Historic Preservation Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application shall solely pertain to the proposed development review.
B.
The application shall be scheduled for review by the Historic Preservation Commission at its next regular scheduled meeting, and preferably before it is scheduled to be heard by the approving authority. Upon completion of its review, the Commission shall forward a report of its findings to the approving authority recommending an approval (with or without conditions) or recommending denial. The recommendations shall be in the form of a written report conveyed to the approving authority. The report shall also set forth the reasons for the specific recommendations based upon the criteria contained in this chapter and also the Guidelines of the Secretary of the Interior.
C.
The Historic Preservation Commission shall provide its advice through the Commission's delegation of one of its members or staff to testify orally at the hearing on the application and to explain any technical comments or recommendations as outlined in the written report.
D.
The Commission's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance, and shall be guided by the documents submitted by the applicant, the standards and design criteria for review of applications established in this chapter, and the Guidelines of the Secretary of the Interior.
E.
Neither approving authority shall take action on any development application request affecting an historic landmark or an improvement within a designated historic district without first reviewing and giving significant weight and consideration to the Commission's recommendations. In considering the Commission's recommendations, the approving authority shall also be guided by the review criteria established by this chapter and the Guidelines of the Secretary of the Interior.
§ 370-33 Effect of certificate of appropriateness; approval; denial; appeal.
A.
Within 45 days of a submission of an administratively complete application for a certificate of appropriateness, the Historic District Commission shall report to the Administrative Officer summarizing its actions relative to the application. Its report may recommend issuance of the certificate of appropriateness, with or without conditions, or may recommend denial of the certificate of appropriateness. Failure to report within the forty-five-day period, or any extended time limit agreed upon jointly by the Commission and the applicant, shall be deemed to be constituted as a report to the Administrative Officer in favor of issuance of the certificate of appropriateness and without the recommendations of conditions to the certificate of appropriateness.
B.
A certificate of appropriateness which permits new construction, demolition, relocation, alteration, additions, nonordinary repairs or replacements affecting an historic landmark shall be conditioned upon the appropriate treatment of the resources.
C.
The work authorized by the certificate of appropriateness must be initiated within one year from the date that the certificate is granted. If a construction permit is required for such work, the certificate of appropriateness shall be valid for the life of the construction permit and any extensions thereof. For the purposes of this section, a certificate of appropriateness shall be deemed invalid if the work ceases for a period of six months after commencement of work. Reasonable extensions may be granted by the Historic District Commission based upon appropriate persuasive evidence.
D.
An applicant for a certificate of appropriateness who is dissatisfied with the actions of the Administrative Officer in denying the certificate of appropriateness or in issuing the certificate of appropriateness with objectionable conditions may appeal that action to the City Zoning Board of Adjustment within 30 calendar days from the date of the Administrative Officer's written decision. This right of appeal is limited to the applicant only.
§ 370-34 Violations and penalties.
Any exterior work undertaken on an individually designated historic landmark or improvement or an historic landmark or improvement within a designated historic district for which a certificate of appropriateness is required without first having obtained such a certificate of appropriateness shall be deemed to be in violation of this chapter and shall be subject to the fines and penalties as provided by law in the Code of the City of Bridgeton for violation of local ordinances and subject to the following:
A.
Upon learning of the violation, the Zoning Officer or Administrative Officer (Historic) shall personally serve upon the lot owner where the violation occurred a notice describing the violation in detail and giving the owner 10 calendar days to abate the violation by restoring the landmark or improvement to its prior state. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy sent by certified mail, to the owner at his last known address as it appears on the municipal tax rolls.
[Amended 10-22-2024 by Ord. No. 24-19]
B.
In the event that the violation is not abated within 10 calendar days of service or posting on site, whichever is earlier, the Zoning Officer or Administrative Officer (Historic) shall issue a summons and complaint, returnable in the municipal court, charging violation of this article. Each separate day that the violation exists may be deemed to be a new and separate violation.
[Amended 10-22-2024 by Ord. No. 24-19]
D.
In the event that any action which would permanently change adversely the landmark or historic district, such as demolition or removal, is about to occur without issuance of a construction permit, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any historic landmark, historic landmark site or improvement within an historic district.
§ 370-35 Interpretative statement.
A.
Nothing contained within this article shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
B.
In the event of any inconsistency, ambiguity or overlapping of requirements between the provisions of this article and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C.
These article requirements should not be viewed as requiring or prohibiting the use of any particular architectural style, rather the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near an historic building, structure, object or site should not necessarily duplicate the style; rather it should be compatible with and not detract from the building, structure, site, object, neighborhood and its environment.