Edison City Zoning Code
§ 37-54.7
Regulated Activities.
[1999 Code § 17.86.070]
a.
Regulated Activities. For the purposes of this section, regulated activities on an historic structure shall include the following:
1.
Demolition of any historic structure.
2.
Relocation of any building, structure or improvement.
3.
Change in the exterior appearance of any building, structure or improvement by addition, reconstruction, alteration, replacement or maintenance.
4.
Any addition or new construction of an improvement.
5.
Replacement, changes in, or addition of signs, shutters, outdoor displays, fences and hedges, street furniture, awnings, off-street driveway and parking materials, or exterior lighting.
6.
Installation or replacement of sidewalks, porches, fire escapes, solar panels and satellite dish antennae.
b.
Activities Not Regulated. In no instance shall the following be considered regulated activities:
1.
Changes to the interior of structures.
2.
Ordinary repairs and maintenance or the exact replacement of any existing architectural details that are otherwise permitted by law provided this work on an historic landmark does not alter the exterior appearance of the building. The following are some of the activities which may be permitted according to this criteria:
(a)
Complete identical replacement of existing windows and doors.
(b)
Repair of existing windows and doors involving no change in their design, scale or appearance. Installation of storm windows and doors.
(c)
Complete replacement of existing material with identical material.
(d)
Maintenance and repair of existing roofing material involving no change in the design, scale or appearance of the structure.
c.
Emergency Repairs. Historic Preservation Commission review shall not be required when an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety or its occupants or others. Emergency repairs may be performed in accordance with the Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. At the Zoning Officer's discretion, a request for the Commission's review may be made as soon as possible thereafter and under such circumstances no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this section.
d.
Demolitions. In its review of an application for demolition of an historic structure, the Historic Preservation Commission may recommend, and the Zoning Officer may require, the postponement of demolition for a period not to exceed one (1) year. The Commission shall utilize this time period to consult with the Mayor and Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the Township may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a great loss to the Township. The Township shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a "financial analysis" which may include any or all of the following:
1.
Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;
2.
Assessed value of the land and improvements thereon according to the most recent assessment;
3.
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;
4.
All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;
5.
Bona fide offers of the property for sale or rent price asked, and offers received, if any;
6.
Any considerations by the owner as to profitable, adaptive uses for the property.
e.
Economic Hardship. The Commission shall study the question of economic hardship for the applicant and shall determine whether the site can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations. All final decisions shall be made by the Zoning Officer acting on the recommendation of the Historic Preservation Commission.