Chatham City Zoning Code
ARTICLE X
Historic District Preservation
§ 165-56 Purpose and objectives.
The purpose and objectives of this article are to assist implementation of the historic preservation element of the Master Plan, to provide guidance in achieving preservation of historic resources in the designated historic district and to advance the following public purposes:
A.
To safeguard the numerous historic buildings located within the Main Street Historic District so that the architectural and cultural heritage they reflect is preserved.
B.
To encourage new construction or reconstruction which is compatible in scale and design with existing structures and in keeping with the character of historic districts and sites.
C.
To promote the use of historic districts and historic sites for the education, pleasure and welfare of the citizens of the Borough and its visitors and to promote civic pride in the Borough's historic resources.
D.
To foster private reinvestment in historic districts and sites and balance the purposes of historic preservation with current needs.
E.
To encourage preservation of sites of historic, archaeological, cultural, social, and architectural significance.
F.
To encourage the continued use of historic sites and structures in historic districts and to facilitate their appropriate reuse.
G.
To maintain and promote an appropriate and harmonious setting for existing historic resources within the Borough.
H.
To recognize and preserve historic resources in the Borough as an essential element of municipal character and identity which contributes to the reputation of Chatham Borough as a place of beauty and architectural value.
§ 165-57 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The partial or total razing or destruction of a historic site or any improvement within a historic district.
Immediate repairs required in order to preserve the continued habitability of the structure and/or the health and safety of its occupants or others.
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.
A written report issued by the Commission pursuant to N.J.S.A. 40:55D-111 describing its review of a proposed change to any property within a historic district or on a historic site, which change has been referred to the Commission under the provisions of § 165-62 of this chapter.
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
Any application referred, pursuant to the provisions of § 165-62 of this chapter, by the permitting official to the Commission, involving property in a historic district or on a historic site, which does not, under the provisions of the said § 165-62, require the making of a historic preservation review report. Minor applications shall include, among other types of proposed work, requests for approval of fences, lighting, paving or streetscape work, including signage.[1]
Repair of any deterioration, wear or damage to the exterior of 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 should, if possible, include in-kind replacement of historic exterior elements or accessory hardware, using the same materials and workmanship and having the same appearance.
The administrative officer or such other municipal official authorized by statute or ordinance to issue permits for activities described in this chapter in historic districts or at historic sites.
Refers to the historic preservation review report.
The partial or complete moving of a structure substantially intact.
§ 165-58 Establishment of historic districts or sites. [1]
There is established the Main Street Historic District delineated on a map entitled "Main Street Historic District, A Portion of the Borough of Chatham," which is attached to and is hereby made a part of the current Zoning Map of the Borough of Chatham, latest revision dated February 8, 1993. The Main Street Historic District map was included as part of the Historic Preservation Element of the Borough's Master Plan, which element was approved by the Borough Planning Board on February 5, 1992, and renewed in the 2000 reexamination report.[2]
§ 165-59 Historic Preservation Commission.
A.
Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:
(1)
To prepare a survey of historic sites of the Borough, pursuant to criteria identified in the survey report.
(2)
To make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
(3)
To advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
(4)
To participate in the Technical Coordinating Committee and advise the Planning Board and Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-110.
(5)
To provide Historic Preservation Review Reports, other writings and oral testimony, pursuant to § 165-62 of this chapter, on the application of the Zoning Ordinance provisions concerning historic preservation.
(6)
To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
B.
Establishment.
(1)
Members. The Historic Preservation Commission, (hereinafter referred to as "the Commission"), previously established by ordinance and appointed by the Mayor, is hereby continued consistent with N.J.S.A. 40:55D-107 et seq. The Commission shall consist of five regular members and two alternate members. Members shall serve without compensation. At least one member shall be designated of each of the following classes:
(a)
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough.
(b)
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the Borough.
(c)
Class C: citizens of the Borough who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment. At least one Class C member, when possible, should be the owner of commercial property within the Borough.
(d)
Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2." Of the five regular members, a total of at least one less than a majority shall be of Classes A and B.
(2)
Terms.
(a)
There shall be no change in the term of office of those members serving on the Commission at the time this chapter becomes effective.
(b)
Notwithstanding any other provision herein, the term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
(c)
A vacancy occurring otherwise than by expiration of term shall be filled within 60 days of the unexpired term only.
(3)
Alternates. The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(4)
Rules of the Commission.
(a)
The Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Commission or a municipal employee.
(b)
The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public records.
(c)
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
(d)
No member of the Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. Mere ownership or residence in a designated historic district and/or ownership of a designated historic site or nondesignated site shall not be deemed a personal or financial interest unless a member resides or owns property within 200 feet of property which is the subject of an application.
(e)
A member of the Commission may (after public hearing if he requests it) be removed by the governing body for cause.
(5)
Meetings; quorum.
(a)
The Commission shall establish and post in Borough Hall a regular schedule of a minimum of 10 meetings per year. The Chairman or Vice Chairman may call additional meetings when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.
(b)
Informational meetings. Persons considering development applications in a historic district or at a historic site are encouraged to request an informal informational meeting with the Commission or its Chairman, in order to describe the proposed external changes and receive advice on how to proceed under the appropriate provisions of this chapter pertaining to historic preservation. It is especially important that any applicant who plans to demolish or remove a building or structure bring plans for a replacement building or structure, even though they may be preliminary, before the Commission at the earliest possible time. Such requests may be made either directly to the Commission, to the administrative officer or to the permitting official. The Commission shall hold an informational meeting as soon as possible after receipt of a request therefor.
(c)
A quorum for the transaction of business shall consist of three of the Commission's members, including the Chairman or, in the Chairman's absence, the Vice Chairman.
(6)
Budget. The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of official business. The Commission may employ, contract for and fix the compensation of experts and other staff and services, as it shall deem necessary. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
§ 165-60 Designation of historic sites and districts.
[Amended 8-8-2016 by Ord. No. 16-06]
A.
The Main Street Historic District, as delineated and described in the Master Plan, is hereby designated as a historic district in the Borough.
B.
The location and boundaries of the Main Street Historic District are hereby established as shown on the map entitled "Historic Districts Map of the Borough of Chatham," dated October 22, 2014 and as amended, which map is attached hereto and made a part of this chapter. The Official Historic Districts Map shall be identified by the signature of the Mayor, attested by the Borough Clerk and bearing the seal of the Borough under the following words: "This is to certify that this is the Official Historic Districts Map of the Borough of Chatham referred to in § 165-160 of the Borough Code of the Borough of Chatham, New Jersey," together with the date of adoption. All notations, references and other information shown on said map are incorporated by reference herein and made a part hereof. The map is on file in the Borough Clerk's office.
C.
If, in accordance with the provisions of this Chapter and the Master Plan, changes are made to the location and/or boundaries of historic sites or historic districts located within the Borough, such changes shall be made on the Official Historic Districts Map promptly after the amendment has been approved by the Mayor and Council, together with an entry on as follows: "On (date), by official action of the Mayor and Council, the following change(s) were made in the Official Historic Districts Map of the Borough of Chatham: (brief description of the nature of the change)," which entry shall be signed by the Mayor and attested by the Borough Clerk.
D.
Regardless of the existence of purported copies of the Historic Districts Map of the Borough of Chatham which may from time to time be published, the Official Historic Districts Map of the Borough of Chatham shall be located in the office of the Borough Clerk and shall be the final authority as to the current status of historic sites and historic districts located within the Borough.
E.
Any additional designated historic sites or historic districts and/or changes in the designation of historic sites or historic districts shall be effectuated by amendment of this chapter in accordance with the procedures provided for under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the procedures adopted by the Commission.
§ 165-61 Referral from and reporting to Planning Board and Board of Adjustment.
The permitting official, or, if the permitting official has failed to do so, the Planning Board or Board of Adjustment shall forward to the Historic Preservation Commission a copy of every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or in any component element of the Master Plan.
A.
The Commission shall take no action on any part of an application which, in its determination, involves the following:
B.
The Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application, and to discuss any written explanations which may have been submitted.
§ 165-62 Applications for permits in historic districts or at historic sites.
The permitting official shall forward to the Historic Preservation Commission any application for a permit for development or other exterior improvements or changes in appearance in a historic district or at a historic site which does not require submission to the Planning Board or the Board of Adjustment for action. This shall include any application for a permit made by a person subsequent to the approval of that person's application by the Planning Board or Board of Adjustment, where the newly proposed development or other exterior improvements or changes in appearance were not presented to or decided upon by the Board.
A.
The Commission shall take no action on any part of an application for a permit which, in its determination, involves the following:
B.
Reports.
(1)
The Commission shall prepare a Historic Preservation Review Report with respect to the following types of applications for permits:
(a)
Demolition or removal. Any application for a permit to demolish or remove a historic site or any improvement within a historic district, or, if the applicant has demolished or removed any such historic site without a permit, any application for a building permit to replace the demolished or removed structure, must include detailed plans, including architectural details, for any improvement which the applicant proposes for the replacement of the said historic site or improvement. The Commission may disapprove of but may not prohibit the proposed demolition or removal. In its report, the Commission shall include a review of the proposed replacement structure. The Commission shall submit its report to the permitting official; it shall be submitted within 45 days after the permitting official's referral of the application to the Commission. If, within the forty-five-day period, the Commission recommends against the issuance of a building permit or recommends conditions to the building permit to be issued, the permitting official shall deny issuance of the building permit or include the conditions in the permit, as the case may be. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant, the Commission and the Planning Board. Failure to report within the forty-five-day period or any agreed upon extension period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
(b)
Other applications requiring a report. The following applications for issuance of permits pertaining to historic sites or property in historic districts shall also require a historic preservation review report:
[1]
Applications which involve addition to or new construction of a principal or accessory building or structure.
[2]
Applications which involve a change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or replacement. The exterior change must be visible from a public right-of-way and is limited to character-defining features. When considering applications involving changes in exterior appearance, the Commission's report shall contain advice and recommendations for the applicant in regard to the appropriateness of the proposed action.
(2)
The Commission shall submit its report, if any, to the Planning Board. The Planning Board shall, within 45 days after the permitting official's referral of the application to the Commission, submit its written recommendations to the permitting official. If, within the forty-five-day period, the Planning Board recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Construction Official shall deny issuance of the permit or include the conditions in the permit, as the case may be. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant, the Commission and the Planning Board. Failure to report within the forty-five-day period or any agreed upon extension period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
C.
Minor applications. In the case of a referral by the permitting official of an application for a permit pertaining to historic sites or historic districts which does not require a Historic Preservation Review Report, it shall be considered a minor application for a permit pertaining to historic sites or property in historic districts, as defined herein. The Chairman or a subcommittee of the Commission may act in place of the full Commission on a minor application. If the Chairman or the subcommittee of the Commission determines that the proposed change will substantially affect the characteristics of the historic site or historic district, the Chairman or subcommittee may schedule the application for a hearing before the full Commission. The Commission, Chairman or subcommittee may then convey to the applicant, the permitting official or the Planning Board, orally or in writing, any suggestions that the Commission may have in connection with the historic preservation aspects of the activity for which the applicant is seeking a permit. The Commission or the Planning Board shall report to the permitting official within 45 days after his referral of the application to the Commission.
§ 165-63 Design criteria and guidelines.
The design criteria and guidelines therefor contained in a document prepared by the Chatham Borough Historic Preservation Commission entitled A Design Guidelines Manual for Rehabilitation and New Construction in the Main Street Historic District, dated 1994, are hereby adopted for use by the Commission, the Planning Board, the Board of Adjustment, and any other municipal official or body in evaluating any matter before it involving a change in any property in the Main Street Historic District.
§ 165-64 Emergency procedures.
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 construction codes without first obtaining a report from the Commission, or the Commission's advice. 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 maintain the habitability of the structure.
B.
A request for the Commission's review shall be made simultaneously with the onset of the emergency repairs. Such emergency work shall be permitted only if the permitting official certifies the immediate necessity for such permit issuance. Upon notice to one member of the 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 shall proceed to review the application and render its advice or its report as provided in this chapter.
§ 165-65 Enforcement.
It shall be the duty of the permitting official to determine whether an application for development involves any activity which should also be the subject of an application to the Commission for review. If the permitting official determines that the application is subject to review by the Commission, then the permitting official shall so inform the applicant and the Commission. If the permitting official is other than the administrative officer, then the permitting official shall also inform the administrative officer.
§ 165-66 Violations, penalties and injunctive relief.
A.
Violations.
(1)
If any person shall undertake any of the activities as described herein within a historic district or on a historic site, without first having obtained the report and/or other approvals as set forth herein, such person shall be deemed in violation of this Article X.
(2)
Upon learning of this violation, the Borough Zoning Official shall personally serve upon the owner of the lot on which the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking review of the activity by the Commission.
[Amended 3-11-2013 by Ord. No. 13-04]
(3)
If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
B.
Penalties. If any person shall undertake any of the activities described in this section within a historic district or on a historic site, without first having obtained the report and/or other approvals as set forth herein, and if the owner has not attempted to abate the violation by seeking review of the activity by the Commission, the person may be required to restore the premises to the condition existing before the activity was undertaken. In addition, the person shall be subject to the fines and penalties set forth in Article XXII of this chapter.
C.
Injunctive relief. In the event that any action which would permanently and adversely change a historic district, or historic site, such as demolition or removal of a structure, is about to occur without the owner or his agent first having obtained the report and/or other approvals as set forth herein, the Borough Zoning Official may apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the permanent and adverse change in the historic district or historic site.
[Amended 3-11-2013 by Ord. No. 13-04]
§ 165-67 Appeals.
Appeals to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70.2 and N.J.S.A. 40:55D-72 may be taken by any interested party affected by any order, requirement, decision or refusal of the permitting official pursuant to a report submitted by the Commission or Planning Board, in accordance with N.J.S.A. 40:55D-111. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
§ 165-68 Other requirements unaffected.
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 as otherwise provided for.
§ 165-69 Notice.
Notice shall be made to all historic district property owners 30 days prior to any change(s), addition(s), deletion(s), or revocation(s) affecting the purposes and conditions set forth herein. Notice shall be made by copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
§ 165-70 Interpretation.
This article shall be liberally construed to affect the purposes set forth herein. In the event that this article conflicts with state law, state law shall take precedence.