Clinton City Zoning Code
ARTICLE XV
Historic Preservation
[Added 9-8-2021 by Ord. No. 21-21]
§ 88-107 Short title, findings, and purpose.
A.
Title. This article shall be known as the Historic Preservation Ordinance of the Town of Clinton.
B.
Findings and purpose.
(1)
The Town Council of the Town of Clinton ("Town") finds and determines as follows:
(a)
The historical, cultural, architectural, and social heritage of the Town is given in trust from generation to generation to be used, enriched, and then passed on;
(b)
The character, lifestyle, and very quality of life in the Town depends in great measure upon the Town protecting this heritage of the past;
(c)
The ongoing presence of historic districts and landmarks, as an essential element of municipal character and identity, is an important factor in the economy of the municipality and the property values therein;
(d)
Such historic districts and landmarks are vital to the education and civic mindedness of the Town's young people;
(e)
A number of critical factors such as deterioration, demolition, redevelopment, and resubdivision threaten such landmarks and districts; and
(f)
The welfare of the municipality is enhanced by the preservation of its historic heritage for the reasons set forth above.
(2)
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-65.1, permits municipalities to adopt a zoning ordinance that designates and regulates historic landmarks or historic districts and provides design criteria and guidelines therefor.
(3)
In adopting this article, it is the intention of the Town Council to regulate historic structures and historic districts within the Town consistent with and pursuant to authority granted under the New Jersey Municipal Land Use Law ("MLUL"), N.J.S.A. 40:55D-1, et seq. The controls herein established are compatible with the New Jersey State Uniform Construction Code (N.J.A.C. 5:23) and are responsive to the Historic Preservation Plan Element of the Town of Clinton Master Plan and the applicable provisions of the MLUL, including but not limited to N.J.S.A. 40:55D-2(j), 40:55D-28(b)(10), 40:55D-65(i), 40:55D-65.1, and 40:55D-107 through -112.
(4)
Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner from complying with requirements of any other state statutes or municipal ordinances or regulations.
§ 88-108 Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPLICATION
An application to the Construction Official for a demolition permit as defined by this section.
COMMISSION
The Historic Preservation Commission of the Town of Clinton.
CONSTRUCTION OFFICIAL
The Construction Official of the Town of Clinton.
DEMOLITION APPROVAL or DEMOLITION PERMIT
Any approval or permit issued by the Construction Official which is required by the Code of the Town of Clinton and/or Uniform Construction Code (N.J.A.C. 5:23-1 et seq.) and which authorizes the total or partial demolition of a building or structure (excluding interior demolition).
HISTORIC DISTRICT
The Historic District of the Town of Clinton designated as of the date of the adoption of Article XV and as described in § 88-3 of this chapter.
HISTORIC STRUCTURE
Any structure that is:
A.
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1)
By an approved state program as determined by the Secretary of the Interior; or
(2)
Directly by the Secretary of the Interior in states without approved programs.
PARTIAL DEMOLITION
The dismantling, razing, or removal of structural members, floors, interior bearing walls, and/or exterior walls or portions thereof, including all operations incidental thereto.
TOTAL DEMOLITION
The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.
ZONING OFFICIAL
The Zoning Official of the Town of Clinton.
§ 88-109 Special requirements for demolition.
A.
Procedure.
(1)
No approval or permit shall be issued by the Construction Official for the total or partial demolition of an historic structure, except in conformity with the provisions of this section and any other applicable law, statute, ordinance, or regulation. This provision shall apply to the total or partial demolition of an accessory structure as well as the principal structure. This provision shall not apply to structures that are not listed in the historic district inventory or listed as noncontributing structure.
(2)
Within five business days of the submission, Construction Official (or his or her designee) shall certify that the application is complete, and the applicant shall be so notified in writing. If the application is found to be deficient, the Construction Official (or his or her designee) shall provide written or verbal notice of the deficiency to the applicant.
(3)
After an application for total or partial demolition of an historic structure is deemed complete, the Construction Official shall deliver a copy of such application to the Historic Commission. The Commission shall review the application at its next regularly scheduled meeting or schedule an emergency meeting if necessary and issue a written report and recommendation. Said report and recommendation shall be issued no later than 15 business days after the application is deemed complete.
(4)
Failure of the Historic Commission to issue a report within the prescribed time period will be deemed a recommendation to the Construction Code Official that the subject building or structure possesses no cultural, historical, or architectural significance which would merit its preservation consistent pursuant to Subsection C hereunder.
B.
Content of application. In addition to the information required on the standard permit application for demolition, an application for demolition of an historic structure shall include the following:
(1)
Photographs of all street facade elevations and significant features on that block's frontage;
(2)
A statement from the property owner addressing the reason for the demolition and the impact, or lack of impact, the structure's demolition may have on the historic character of the area. Such statement may include proposals from the property owner to mitigate the impact of the proposed demolition on the historic character of the surrounding area.
C.
Review by Commission; report.
(1)
Prior to the issuance of a permit to totally or partially demolish any historic structure, the Commission shall review the permit application and recommend to the Construction Code Official that the subject building or structure possesses no cultural, historical or architectural significance which would merit its preservation consistent with the standards set forth herein. The Commission may consult with an historic architect or the Town Construction Official in the drafting of the required report.
(2)
The report issued by the Commission shall include, but shall not be limited to:
(a)
A description of the age (noting if the building and/or structure was constructed more than 50 years ago), architectural style, historical associations, and significance of the building or structure;
(b)
A statement as to whether the structure is included in any surveys of historic structures by the Town of Clinton or New Jersey Department of Environmental Protection Environmental Protection - Historic Preservation Office: List of New Jersey and National Registers of Historic Places;
(c)
A determination of whether the structure is associated with events that have made a significant contribution to the broad patterns of our local, state, and/or national history;
(d)
A determination of whether the structure was associated with the life of a person who made a significant contribution to local, state and/or national history;
(e)
A determination of whether the structure embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possess high artistic value, or that represent a significant and distinguishable entity whose components may lack individual distinction; most especially if no other, or very few, buildings or structures with the same association has survived;
(f)
A determination of whether the structure yielded, or may not be reasonably likely to yield, information important in prehistory or history;
(g)
A determination of whether the structure maintains integrity of:
[1]
Location. The place where the historic property was constructed or the place where the historic event occurred; and/or
[2]
Design. The combination of elements that create the form, plan, space, structure, and style of a property; and/or
[3]
Setting. The physical environment of an historic property; and/or
[4]
Materials. The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form an historic property; and/or
[5]
Workmanship. The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory; and/or
[6]
Feeling. The property's expression of the historic sense of a particular period of time; and/or
[7]
Association. The property's direct link between an important historic event or person and an historic property.
(h)
The Historic Commission must take into account any special reasons articulated by the property owner for the proposed demolition or any proposals of the property owner to mitigate the impact of the demolition on the historic character of the area.
(3)
If, after the consideration of the above, the Commission concludes that the structure possesses no cultural, historical, or architectural significance which would merit its preservation, or if the Commission fails to file its report within the required time period, the Construction Official may issue a demolition permit.
(4)
If, after the consideration of the above, the Commission concludes that the subject structure does possesses sufficient cultural, historical, or architectural significance which merits its preservation, and the Commission files its report containing its findings and recommendation, the Construction Official may, in his/her discretion, deny the demolition permit. Notwithstanding any report by the Historic Commission, the Construction Official can approve a demolition permit if, within the Construction Code Official's opinion, the subject structure poses a threat to the public health and safety pursuant to the Uniform Construction Code.
D.
Intentionally damaging or defacing a structure to render it historically insignificant.
(1)
It shall be unlawful for the applicant to render a structure more suitable for demolition by intentionally damaging, or defacing the exterior of a structure so as to render it unfit for habitation, unstructurally sound, or historically insignificant prior to applying for a demolition permit, or while an application is pending. Doing so shall constitute a violation of this article and subject the applicant and/or owner of the property to the penalties, as enforced by the Construction Official, set forth in § 88-110 of the Code of the Town of Clinton.
(2)
For the purposes of this section, the following modifications to the exterior of a structure shall not be considered intentional damage or defacement:
(a)
Replacement of a roof or windows.
(b)
Painting of or adhering siding to the exterior.
(c)
Exterior modifications for which a building or zoning permit were properly issued.
E.
Appeals. Any decision by the Construction Official not to issue a demolition permit for an historic structure may be appealed to the Hunterdon County Construction Board of Appeals. The applicant shall also be required to provide the Historic Preservation Commission with written notice of such an appeal simultaneously with the filing of the appeal.
F.
Exemptions; preservation of historic elements.
(1)
Exemptions. Demolition permits in the following circumstances shall be exempt from the requirements of this article:
(a)
An order issued by the Fire Official or the Construction Official to demolish an unsafe structure is exempt from the requirements of this article.
(b)
Notwithstanding any decision by the Historic Commission, the Construction Official can approve a demolition permit if the subject structure poses a threat to the public health and safety pursuant to the Uniform Construction Code.
(2)
Preservation of Historic Elements. Prior to the demolition of any historic structure or structure within the Historic District, including structures exempt from the requirements of this article pursuant to Subsection F(1) above, the Historic Commission shall be notified in writing by the Construction Official (or his or her designee) at least 10 days prior to said demolition and be given the opportunity to request that certain articles of historic significance, which may include building materials, be preserved and donated to the Historic Commission. The donation of such items by the property owner shall be voluntarily and declining to do so will not affect or delay the property owner's ability to demolish the structure in accordance with the issued permit.
§ 88-110 Penalties.
A.
If any person shall demolish an historic structure without first having obtained a demolition permit, such person shall be deemed to be in violation of this article.
B.
Upon learning of the violation, the Zoning Official or Construction Official shall personally serve upon the owner of the lot wherein the violation has occurred or is occurring, a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the structure to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted upon the structure, and a copy shall be sent by both regular mail and certified mail, return receipt requested, to the owner at his, her, or its last known address as it appears on the municipal tax rolls. Copies of all such notices shall be sent to the Chairperson of the Commission.
C.
In the event that the violation is not abated within 10 days of service or posting upon the subject structure, whichever is earlier, the Zoning or Construction Official shall cause to be issued a summons and complaint, returnable in the municipal Court, charging violation of this article. The Zoning or Construction Official shall also notify the Chairperson of the Historic Preservation Commission of this action.
D.
If a violation involves ongoing unauthorized construction or demolition work, the Construction Official shall immediately issue a stop work order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119, et seq.
E.
The penalty for violations shall be as follows:
(1)
For each day, up to 10 days: not more than $1,000 per day;
(2)
For each day, 11 to 25 days: not more than $1,500 per day;
(3)
For each day beyond 25 days: not more than $2,000 per day; and
(4)
In the case of a demolition without a permit therefor, a violation shall be punishable by fine of up to $10,000.
F.
In the event that the Zoning Official or Construction Official is made aware that demolition or removal of an historic structure of structure in the Historic District is about to occur without a proper permit having been issued, he or she is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction or removal of any historic structure. The Chairperson of the Historic Preservation Commission shall be informed immediately of this action.
