Edison City Zoning Code
§ 37-54.5
Procedures for the Designation of a Landmark.
[1999 Code § 17.86.050]
a.
Criteria for Designation. The Commission shall consider as worthy of designation those buildings, structures, objects, or sites that have integrity of location, design, setting, materials, workmanship, feeling and association that meet one (1) or more of the following criteria:
1.
That are associated with the events that have made a significant contribution to the broad patterns of our history;
2.
That are associated with the lives of persons significant in our past;
3.
That embody distinctive characteristics or a type, period, or other method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant and distinguishable entity whose components may lack individual distinction;
4.
That have yielded, or may be likely to yield, information important to prehistory or history;
5.
That are otherwise of particular historic significance to the Township of Edison by reflecting or exemplifying the broad cultural, political, economic, or social history of the Nation, State, region or community.
b.
Procedures for Designation. Proposals to designate a property as historic pursuant to this section may be made by the Township Council, the Commission, the Planning Board or by the verified application of the owner(s) or authorized agent(s) of the individual property to be designated, in accordance with the following procedures:
1.
Nomination Proposals. The party proposing property for designation under this section shall prepare and submit to the Commission a nomination report for each proposed property or site. For individual landmark designation, the report shall include one (1) or more photographs; the tax lot and block number of the property as designated on the official tax map of the Township; and a physical description and statement of significance and proposed utilization of the site.
2.
Moratorium on Applications for Alteration or Demolition During Pendency of Designation Action. No application for a permit to construct, alter, or demolish a structure or other feature of a proposed landmark or property location, filed subsequent to the date that an application has been filed or a resolution proposed to initiate designation of the proposed landmark shall be approved by the administrative officer or other municipal agency without review by the Commission of such application and the granting of a C/A. Commission review of such application shall be conducted as if the property related to such application had already been designated as a landmark property, and thereby are subject to the same criteria, standard and procedures which govern similar applications concerning properties designated as landmarks. After the expiration of forty-five (45) days from the date of the initial filing of the designation proposal with the Commission, the permit application may be approved without Commission review, in accordance with the relevant provisions of the Municipal Code of the Township, if the Commission has failed to act on the designation proposal. Commission action on the designation proposal is expressly differentiated from a final designation by the Township Council.
c.
Notice. The Commission shall schedule a public hearing on the proposed designation of a landmark. At least twenty (20) days prior to the hearing the Commission shall by personal service or certified mail:
1.
Notify the owner(s) of record of a property that has been proposed for designation, that the property is being considered for such designation and the reasons therefor;
2.
Advise the owner(s) of record of the significance and consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provisions of this section;
3.
Notify the owner(s) of record of the date, time and location of the public hearing concerning the proposed designation; and
4.
Serve any notices further required by the Municipal Land Use Law.
d.
Public Notice of Hearing. Public notice of the hearing shall be given at least twenty (20) days prior to the hearing by publication in the official newspaper of the Township. A copy of the nomination report shall also be made available for public inspection in the Township Clerk's office at least twenty (20) days prior to the hearing.
e.
Hearing. At a public hearing, scheduled in accordance with this section, the Commission shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation must submit their protest in writing to the Commission in accordance with the provisions of this section.
f.
Commission Report. Upon Commission review and public hearing, the Commission shall forward to the Township Council its report which shall contain a statement of its recommendation and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation. A recommendation by the Commission can only be made upon a two-thirds (2/3) vote of the authorized membership of the Commission voting in the affirmative.
g.
Referral to Planning Board. The Township Council shall refer the report to the Planning Board, which in turn shall report to the Township Council as soon as possible, but within thirty-five (35) days. Township Council action on landmark designations shall be otherwise 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.
h.
Final Designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for Planning Board comment on designations pursuant to this section, the Township Council shall act upon the proposed designation list and may approve, reject, or modify by ordinance the designation recommendation made by the Planning Board. The Township Clerk shall notify in writing the owner of any property or site proposed for historic designation ten (10) days in advance of the introduction of any ordinance proposing historic designation. In the event that the Township Council votes to reject or modify any Planning Board recommendation for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership.
i.
Public Notice of Designation. Notice of designation shall be made public by publication in the official newspaper of the Township and by distribution to all municipal agencies reviewing development application and permits. A certificate or letter of designation shall be sent to the owner(s) of record.
j.
Incorporation of Designated Landmarks into Township Records. Upon adoption, the designation list shall be incorporated by reference into the master plan and zoning ordinance of the Township as required by the provisions of the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the offices of the Township Tax Assessor and the Township Clerk.
k.
Amendments. Landmark designations may be amended in the same manner as they were adopted in accordance with the provisions of this section.