Freehold Township City Zoning Code
ARTICLE XXI
Historic Preservation
§ 190-228 Establishment of Historic Preservation Commission; membership; terms; vacancies.
A.
Establishment. Pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., the Freehold Township Historic Preservation Commission, (hereafter "Commission") is hereby established and created.
B.
Membership. The Commission shall consist of seven regular members and two alternates appointed by the Mayor. The Commission shall include members from each of the following classes:
[Amended 12-18-2012 by Ord. No. O-12-23]
(1)
Class A: a person knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(2)
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(3)
Class C: regular members who are not designated Class A or B shall be designated as 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. Of the regular members, a total of at least four must be of Class A and B.
[Amended 12-22-2015 by Ord. No. O-15-26]
(4)
Alternate members.
(a)
Alternate members shall meet the qualifications of Class C members and at the time of their appointment shall be designated "Alternate Number 1" and "Alternate Number 2." Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate Member Number 1 shall vote.
(b)
No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
C.
Term; vacancies; removal.
(1)
Regular members shall serve for a period of four years. Initial appointments, however, shall be made in the following manner:
(a)
Three regular members appointed for three years.
(b)
Two regular members appointed for two years.
[Amended 12-18-2012 by Ord. No. O-12-23]
(c)
Two regular members appointed for one year.
[Amended 12-18-2012 by Ord. No. O-12-23]
(d)
Alternate Number 1 for two years.
(e)
Alternate Number 2 for one year.
(2)
Thereafter, the term of a regular member shall be four years and the term of an alternate member shall be two years. If the members of the Planning Board are appointed to membership on the Commission, their terms on the Commission shall be concurrent with their terms on their respective boards.
[Amended 12-22-2015 by Ord. No. O-15-26]
(3)
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(4)
A member of the Commission may, after public hearing if the member so requests, be removed by the governing body for cause.
§ 190-229 Organization of Historic Preservation Commission.
A.
Officers. Each year in the month of January, 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.
[Amended 12-27-2005 by Ord. No. O-05-48]
B.
Staff, experts, counsel, expenses and costs.
(1)
The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Commission.
(2)
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 Municipal Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts, grants or other sources of self-generated revenue, the amount appropriated by the governing body for the Commission's use.
C.
Meetings; procedures; decisions. The Commission shall reorganize annually, each January. The Commission may adopt such administrative rules, regulations, procedures and forms for applications by formal resolution, as shall provide for the orderly conduct of its business and processing of applications, provided that such rules, regulations and procedures shall not be inconsistent with any provision of this article. A quorum shall consist of five members. All Commission meetings shall be subject to the Open Public Meetings Act. To the extent practical, the procedures followed by the Commission as to public hearings, voting, etc., shall be patterned after those of a Planning Board pursuant to the Municipal Land Use Law. Decisions by the Commission shall be in writing by resolution setting forth findings of fact and conclusions of law. The Commission may follow the procedure for memorializing decisions as are permitted for Planning Boards.
D.
Appeals. Unless otherwise provided in this article, whenever the Commission shall make a final decision pursuant to this article, the decision shall be subject to appeal to the Planning Board in the same manner as decisions of an administrative official pursuant to N.J.S.A. 40:55D-70(a).
[Amended 12-22-2015 by Ord. No. O-15-26]
§ 190-230 Responsibilities of Historic Preservation Commission.
A.
Powers and duties. The powers and duties of the Historic Preservation Commission shall be as follows:
(1)
To prepare and to maintain guidelines for the appropriate architectural designs applicable to the exterior appearance of new construction and for the renovation, alteration, enlargement or other change to the exterior of structures that are located in a historic district zone or individual properties located elsewhere in the Township which have been designated historic landmarks.
(3)
To review and make recommendations on proposed designs and other design elements (e.g., exterior materials, signs, landscaping, exterior lighting, etc.) contained in site plans for new, enlarged or altered existing buildings designated as landmarks or located within a historic district.
(4)
To review and make recommendations on design for all plans that call for the construction of new buildings or the improvement or demolition of existing buildings, in whole or in part, that are located in any historic district zone or individual buildings located elsewhere in the Township of Freehold that have been designated by the Township or other agency as a historic landmark.
(5)
To study and prepare reports evaluating other areas or properties in the Township which, because of their recognized architectural/historical significance, would qualify as historic districts or historic landmarks. Such findings and recommendations shall be presented to the Planning Board for action thereon and shall be included in the list of properties designated as historic landmarks. The Commission may serve as advisor to owners of property seeking historic landmark designation for same.
(6)
Prepare a survey of historic landmarks of the Township.
(7)
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implication of preservation of historic landmarks of any other Master Plan elements.
(8)
Advise the Planning Board and Township Committee on the inclusion of historic landmarks in the recommended capital improvement program.
(9)
Advise the Planning Board on applications for development.
[Amended 12-22-2015 by Ord. No. O-15-26]
(10)
Provide written reports on the application of the zoning provisions concerning historic preservation, to the administrative officer in charge of issuance of building permits.
(11)
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including serving as the Township's archivists and participating in education programs dealing with preservation for schools, senior citizens and others.
(12)
Assist other public bodies in aiding the public in understanding historic resources, their significance and methods of preservation.
(13)
Compile and monitor notices regarding use of detection-type devices; consider, determine and condition the granting of requests for provision to dig, disturb, or remove anything from historic landmarks.
(14)
Advise the Township Committee on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, sites and structures, including the preparation of a long-range plan therefor; securing state, federal and other grants and aid to assist therein; and monitoring such projects once underway;
(15)
Recommend to the Planning Board and the Township Committee the establishment and boundaries of historic districts where appropriate.
(16)
Recommend to the Planning Board the granting of use variances where such are deemed to be within the intent and purposes of this article.
[Amended 12-22-2015 by Ord. No. O-15-26]
(17)
Secure the voluntary assistance of the public and (within the limits of the budget established by the Township Committee for the Commission's operation) to retain consultants and experts and incur expenses to assist the Commission in its work and to provide testimony in support of the Commission's position before other bodies, boards, commissions or courts.
(18)
Cooperate with local, county, state, or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this article.
(19)
Recommend to the applicable county, state, and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
(20)
Request the Township Committee to seek, on its own motion or otherwise, injunctive relief for violations of this article or other actions contrary to the intent and purpose of this article.
(21)
To provide recommendations, input and advice relative to sites of historic interest to the same extent as to historic landmarks and to buildings, structures, sites and/or objects within an historic district; however when application for a construction permit relating to a sale of historic interest has caused the Commission's jurisdiction to be invoked, any such recommendation, input and advice would be purely advisory and have no binding effect.
(22)
The Commission shall on or before January 14 of each year provide to the Township Committee, Township Clerk, Township's Planning Board, Construction Official and administrative officer an update list of all properties designated as historic landmarks, sites of historic interest and those included within an historic district. Throughout the year, the Commission shall update such lists as designations change.
[Amended 12-22-2015 by Ord. No. O-15-26]
B.
Compatibility with other agencies.
(1)
The responsibilities, powers and duties of the Commission shall not conflict with or supersede the powers and duties of any other board or agency within the Township of Freehold.
(2)
If the Planning Board is required, as part of the review of a development application, to pass upon an action relating to an historic landmark or property within an historic district, over which the Commission would otherwise have binding authority, the Commission shall make a recommendation to the reviewing board which shall consider such recommendation in making its final decision. In those circumstances, the final decision shall be reserved for the reviewing board after considering the recommendation of the Commission.
[Amended 12-22-2015 by Ord. No. O-15-26]
§ 190-231 Definitions and word usage.
A.
Word usage. For the purpose of this article, unless the context clearly indicates a different meaning:
(1)
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
(2)
The word "lot" includes the words "plot" or "premises."
(3)
The word "used" includes the words "intended to be used" or "arranged to be used."
(4)
The word "occupied" includes the words "intended to be occupied," "designed to be occupied" or "arranged to be occupied."
(5)
The word "demonstrate" means to provide such visual, written or oral information as will enable the Commission or other reviewing agency or board to render an informed opinion or decision thereon.
B. ADDITION ADMINISTRATIVE OFFICER AFFECTING A LANDMARK OR HISTORIC DISTRICT ALTERATION BUILDING DEMOLITION HISTORIC DISTRICT HISTORIC DISTRICT RESOURCES(1) (2) (3) HISTORIC LANDMARKS (OR LANDMARK)(1) (2) (3) (4) (5) (6) (7) IMPROVEMENT OBJECT REPAIR REPLACEMENT SITE SITES OF HISTORIC INTEREST STRUCTURE
Definitions. As used in this article, the following terms shall have the meanings indicated:
The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
The person designated to handle the administration of building permit applications as referenced in this article.
Any act which alters or changes a historic landmark or an improvement within a historic district.
Any work done on any existing improvement which:
A structure created to shelter human activity of any kind.
The partial or total razing or destruction of any building, structure, or of any improvement within a historic district or of any historic landmark.
A geographically definable area possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:
Resources within a historic district shall be classified either as key, contributing, or noncontributing which are defined as:
KEYAny buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects 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 or method for which the district is significant.
NONCONTRIBUTINGAny buildings, 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 for which the district is significant.
Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association, and which have been determined pursuant to the terms of this chapter, to be:
Of particular historic significance to the Township of Freehold by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community; or
Associated with historic personages important in national, state, county or local history; or
The site of a historic event which had a significant effect on the development of the nation, state, county or community; or
An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
Representative of the work of an important builder, designer, artist, engineer or architect; or
Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
Able or likely to yield information important in prehistory or history.
Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.
A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.
Any work done on any improvement which:
Repairs when a building permit is required for same.
The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.
Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this chapter are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.
Any man-made work arranged in a definite pattern of organization.
§ 190-232 Designation of historic landmarks.
A.
Guidelines for designation. The Commission may recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status, sites of historic interest status and for review of development applications or permits affecting historic landmarks, sites of historic interest or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
B.
Historic landmark/sites of historic interest designation list. The Commission shall consider for historic designation buildings, structures, objects, sites, and districts within the Township which merit landmark designation and protection of possessing integrity of location, design, setting, materials, workmanship, or association based on its review or upon the recommendation of other Township bodies or of concerned citizens. The Commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries, a black and white photograph of each property and a location map. In conjunction with the list of landmarks recommended for designation, the Commission may, at the same time, or at some later time, prepare a list of buildings, structures, objects, sites and districts which merit designation as sites of historic interest.
C.
Hearing on proposed designation. A hearing shall be conducted on the proposed designations at which interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for landmark/site of historic interest designation. The Commission shall then vote on its recommendations to the Planning Board for resources to be designated as historic landmarks and/or sites of historic interest.
D.
Notice of proposed designation. At least 10 days prior to the hearing provided for in Subsection C above, the Commission shall provide notice of the hearing in the following manner:
(1)
By certified mail return receipt requested, to each owner that his property is being considered for historic landmark/site of historic interest designation and the reasons therefor. The notice shall advise the owner that if so designated, his or her property would be subject to the provisions of this article, shall advise him of his opportunities and rights to challenge or contest such designation and shall set forth the time, date and location of the public hearing to be held.
(2)
By publishing in an official newspaper of the municipality, a notice of the time, date and location of the hearing, a preliminary list of potential designations including a lot and block designation for same as it appears on the official Township Tax Map.
E.
Historic Preservation Commission report to Planning Board. After the hearing, the Commission shall prepare a concise report of its recommendations for sites to be designated as historic landmarks/site of historic interest. Copies of the report shall be delivered to the Planning Board and the Township Clerk and a notice of action published by the Commission secretary in the official newspaper. The published notice shall state the Commission's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication.
F.
Planning Board designation; certification of designation. Final determination designating historic landmark/site of historic interest status shall be made by the Planning Board. A certificate of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status/site of historic interest, the Planning Board shall by certified mail notify the owner of the property involved of the determination and advise him of his rights with respect to an appeal of said determination to Township Committee pursuant to Subsection G below.
G.
Appeal to Township Committee. A member of the public may seek to appeal the status directly to the Township Committee upon giving notice to the owners and persons of record as objecting thereto, the Planning Board and the Commission. Such appeal shall be made within 45 days of the Planning Board's determination and the Township Committee shall have the power to either affirm, modify or vacate the decision of the Planning Board as it deems proper.
H.
Township Committee adoption of designations. After Planning Board review and approval, the Commission shall submit the list of designated landmarks/sites of historic interest and a map to the Township Clerk for filing. The Township Committee shall then consider the designation list and map, and may approve, reject or modify same by ordinance. Once adopted, the designation list and map may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the Municipal Master Plan and the zoning provisions of this chapter.
I.
Filing of certificate of designation. Copies of the list of designated landmarks and location maps as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included on the list, a true copy thereof shall be filed with the County Clerk for recording. No filing shall take place for sites of historic interest.
J.
Reconsideration of designation. Nothing herein shall be construed as requiring the Commission to designate a structure, building, object or site a historic landmark even if all criteria to so designate have been satisfied. The Commission retains the discretion to designate such structure, building, object or site as a site of historic interest. Thereafter, the Commission shall not be prohibited from reconsidering such designation and, after following the procedures of this § 190-232, redesignate a site of historic interest as a historic landmark.
§ 190-233 Review by Historic Preservation Commission.
A.
Applications subject to Historic Preservation Commission review.
(1)
All building permit, demolition and development applications affecting a historic landmark/site of historic interest or an exterior improvement within a historic district shall be reviewed by the Commission. Such review shall be required for, but not limited to, the following which are merely listed as examples: demolition, relocation, changes in exterior appearance, construction of any improvements, changes in signs or lights, site plan review or subdivisions, zoning variance requests, and collocation, removal, or replacement of equipment at an existing wireless communications tower or base station. In addition, application and plans for new construction of nonresidential buildings and residential developments throughout the Township, which have been referred to the Commission by the Planning Board, Board of Adjustment or Township Committee shall be reviewed by the Commission.
[Amended 12-22-2015 by Ord. No. O-15-26; 6-28-2016 by Ord. No. O-16-6]
(2)
The following activities are not subject to this article:
B.
Waiver; emergencies.
(1)
Waiver. Applicants for building permits for existing properties, located in historic district zones, but which are noncontributing as defined herein may apply for a waiver of the requirements of review, provided that they transmit a letter, requesting said waiver to the Commission, which includes the following information:
(a)
Identification of the property by Township of Freehold block and lot number as shown on the current Tax Maps.
(b)
Year original structures were built and years when additions (if any) were built.
(c)
Photographs taken within a year of the waiver requests showing front, side and rear elevations of structures.
(d)
Explanation of work to be done under requested building permit.
(e)
Reasons for waiver request.
(2)
Emergencies. Approval by the Commission is not required prior to immediate and emergent repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with 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. A request for the Commission's approval shall be made as soon as possible thereafter and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained. All work done under this subsection shall conform to the criteria set forth in this article and the guidelines for review of applications as adopted by the Planning Board in accordance with this article.
C.
Referrals to Historic Preservation Commission. The Planning Board shall refer all development applications, and the administrative officer shall refer all building permit applications, including permit applications for new construction, demolition, alterations, additions, or replacements which affect a historic landmark, a site of historic interest or an improvement within a historic district, to the Commission.
[Amended 12-22-2015 by Ord. No. O-15-26]
(1)
Applications involving historic landmark or historic district properties.
(a)
The Commission shall determine if such applications are not complete. If incomplete, they shall be returned within 30 days. When complete, the Commission shall schedule a review at its next regular meeting and the applicant shall be notified and given an opportunity to be heard.
(b)
The Commission shall provide written advice and recommendation to the Planning Board or, in the case of the permit application through the administrative officer, except otherwise provided by § 190-230B, shall direct such officer to approve, deny or conditionally approve the application. Such determinations by the Commission shall be made within 45 days of the Commission's determination that the application is complete, unless such time is extended by consent of the applicant.
(c)
On any application involving demolition or removal of any kind, except otherwise provided by § 190-230B, the Commission's order shall specify whether the permit is to be denied or postponed. If postponement is ordered, the Commission shall work with the applicant during this interim period to investigate and consider alternatives to demolition or removal.
(2)
Applications involving sites of historic interest.
(a)
If such applications are for other than a building permit, each shall be processed in the same manner as under Subsection C(1) above. If such applications are for a building permit, the Commission shall review the application submitted to the Construction Official and, if the Commission deems it desirable based on the application filed, may request a meeting with the applicant to discuss the extent of the work planned and provide suggestions to accommodate the desires of the applicant while at the same time attempting to protect the historical significance of the site of historic interest. Such recommendations shall be purely advisory and shall have no binding effect; however, the Construction Official shall await the report of the Commission for a period of 45 days after referral to the Commission. If no report is received within the forty-five-day period, the Construction Official may, if all other requirements therefor are met, issue the requested permit.
(b)
In the cooperative effort outlined above, the Commission shall explore the availability of public or private funds to assist the property owner with any increased costs which may accompany following the Commission's recommendations. If such funds are provided by the Township through any established grant or assistance program, it shall be required that, as a condition to receipt of such funds, the property owner shall record restrictions, in the County Clerk's office, subjecting the property to historic landmark designation to the same extent as though the procedure set forth in § 190-232 was followed and the certificate reference in § 190-233I was filed.
D.
Submission requirements. An original and two copies of each of the following shall be submitted to the secretary of the Commission:
(1)
Applicable application form, if any, as adopted by the Commission.
(2)
Plans and specifications as accepted by the Building Department.
(3)
Detailed information shall be provided on the construction material, color, design and any of the following or other elements of the proposal to provide clear and comprehensive information for the Commission in its determination of the compatibility of the proposal:
(a)
Roof design and surfacing.
(b)
Walls/siding/pattern of shingles/and exterior painting or stain.
(c)
Windows: style, relationship to each other/awnings.
(d)
Doors.
(e)
Ornaments or trim.
(f)
Colors/materials.
(g)
Railings/porches.
(h)
Chimneys.
(i)
Fences.
(j)
Yard furniture.
(k)
Garages/carports.
(l)
Signs.
(m)
TV antennas/satellite dishes.
(n)
Solar energy installation.
(o)
Outdoor furniture for accessory use of a principal (nonresidential) use such as restaurant's outdoor eating section.
(q)
Landscaping, grading and topography.
(r)
For new construction, utilities shall be placed underground and site plans shall show the placement of same; statements from the relevant public utility company may be requested by the Commission.
E.
Standards of review. In regard to an application for any approval of proposed action the following matters shall be considered:
(1)
If the historic landmark/site of historic interest or structure in a historic district is involved:
(a)
The impact of the proposed change on its historic and architectural significance as defined in this section;
(b)
Its importance to the municipality and the extent to which the historic or architectural interest would be adversely affected to the detriment of the public interest, and
(c)
The extent to which there would be the involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty and expense.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within a historic district from a public street.
(4)
If the application deals with a structure within a historic district, the impact the proposed change would have on its character and ambience and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.
(5)
In regard to applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered.
(6)
In assessing the effect of any proposed change on an application concerning any landmark, the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be utilized. Such standards and guidelines are hereby adopted by reference and copies shall be made available for inspection and/or purchase in the office of the Township Clerk.
F.
Demolitions. An application for a permit to demolish a historic landmark/site of historic interest or a structure or improvement within a historic district shall be forwarded by the Construction Official to the Commission.
(1)
Demolitions involving historic landmark or historic district properties.
(a)
The Commission shall conduct a public hearing on the proposed demolition. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, and by published notice in an official newspaper of the municipality; and shall present an affidavit attesting to such notification prior to commencement of the hearing:
[1]
Monmouth County Historical Commission.
[2]
Monmouth County Heritage Committee.
[3]
Monmouth Conservation Foundation.
[4]
Monmouth County Historical Association.
[5]
State Office of Historic Preservation.
[6]
State Advisory Council of Historic Preservation.
[7]
Monmouth County Park System.
[8]
Any other organization concerned with historic preservation, deemed appropriate by the Commission.
(b)
The following matters shall be considered by the Commission:
[1]
Its historic, architectural, cultural or scenic significance in relation to the criteria established in this section.
[2]
If it is within a historic district, its significance to the district as a key, contributing, or noncontributing resource and the probable impact of its removal on the district.
[3]
Its potential for use for those purposes currently permitted by the zoning provisions of this chapter.
[4]
Its structural condition and the economic feasibility of alternatives to the proposal.
[5]
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.
[6]
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it would not be reproduced or could be reproduced only with great difficulty and expense.
[7]
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans; attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Freehold Township; stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live.
[8]
Such other matters as may appropriately affect the decision considering the specific characteristics of the property in question.
[9]
The ownership, use and applicant's reason(s) for requesting demolition.
[10]
Any other applicable standards of review or guidelines adopted by the Secretary of the U.S. Department of the Interior.
(c)
Following the public hearing, the Commission shall make a decision and act on the request for the demolition permit.
(2)
Demolitions involving a site of historic interest. The Commission shall conduct the procedures as outlined in Subsection F(1) above, except as follows:
(3)
Demolitions in conjunction with a development application. In those circumstances where the planned demolition is part of a development application pending before the Planning Board, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representative shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the demolition. The Commission shall further be accorded the opportunity of making a recommendation to the reviewing board as to whether or not the demolition should be allowed.
[Amended 12-22-2015 by Ord. No. O-15-26]
G.
Relocations. In regard to an application to move any historic landmark, or to move any improvement within a historic district, the application shall be forwarded by the responsible Township official to the Commission.
(1)
The Commission shall conduct a public hearing on the proposed move or relocation. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, and by published notice in an official newspaper of the municipality; and shall present an affidavit attesting to such notification prior to commencement of the hearing:
(a)
Monmouth County Historical Commission.
(b)
Monmouth County Heritage Committee.
(c)
Monmouth Conservation Foundation.
(d)
Monmouth County Historical Association.
(e)
State Office of Historic Preservation.
(f)
State Advisory Council of Historic Preservation.
(g)
Monmouth County Park System.
(h)
Any other organization concerned with historic preservation, deemed appropriate by the Commission.
(2)
The following matters shall be considered by the Commission:
(a)
The historic loss to the site of original location and the historic district as a whole.
(b)
The compelling reasons for not retaining the landmark or structure at its present site.
(c)
The compatibility, nature, and character of the current and the proposed surrounding areas as they relate to the protection of interest and values referred to in this section.
(d)
The probability of significant damage to the landmark or structure itself.
(e)
If it is to be moved from Freehold Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the municipality and other citizens.
(f)
If the proposed new location is within a district, visual compatibility factors as set forth in this section.
(3)
Following the public hearing, the Commission shall make a decision and act on the request for relocation.
(4)
In those circumstances where the planned relocation is part of a development application pending before the Planning Board, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representative shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the relocation. The Commission shall further be accorded the opportunity of making a recommendation to the reviewing board as to whether or not the relocation should be allowed.
[Amended 12-22-2015 by Ord. No. O-15-26]
H.
Advice regarding nonhistoric properties.
(1)
The Commission also serves in an advisory capacity in the review of plans referred by the Planning Board or Township Committee pertaining to the exterior appearance of structures that are not historic landmarks and not within a historic district. The purpose and intent of this additional role of the Commission is to assist other Township boards in their review capacity, where development is proposed in close proximity to areas and/or structures of historic significance or because the owners or applicants desire to construct improvements with historic design and character. The goals of the Commission are to advise applicants on how to amend and improve designs rather than to impose individual design choices on any specific proposal.
[Amended 12-22-2015 by Ord. No. O-15-26]
(2)
In the review of plans that have been referred to them, the Commission will generally examine the following elements for compatibility with the existing style, with existing adjoining development and appropriateness:
(a)
Building height.
(b)
Bulk/scale.
(c)
Placement of windows, doors, roof.
(d)
Materials/textures and scale.
(e)
Color.
(f)
Signs.
(g)
Fences, walls, other accessory structures on the site.
(h)
Parking area layout, loading facilities.
(i)
Landscaping.
(j)
Driveways.
(k)
Compatibility of all elements of the proposal.
(l)
Any other exterior elements that would impact the surroundings.
(3)
When plans are referred to the Commission by the Planning Board, the referral should include the timing schedule for the submission in order to enable the Commission to make its review and, if necessary, meet with the applicant to discuss adjustments, within the timing framework for the submission, the dates of public hearings, Planning Board meetings, etc.
[Amended 12-22-2015 by Ord. No. O-15-26]
I.
Removal or disturbance of objects or landmarks detections devices.
(1)
No person shall use any electrical, mechanical or other detection type device to disturb, remove, locate objects in or on any Township owned historic landmark/site of historic landmark or improvement within a historic district without giving written notice, as set forth below, to the Township Clerk and the Commission and receiving permission of the Township Committee to undertake the proposed activity.
(2)
The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice as well as the names and addresses of all persons involved in the on-site use and shall set forth the date each use will occur and whether any business, club, or other organization is involved.
(3)
The written notice of the intent to use such a detection device shall be delivered to the Township Clerk and to the secretary of the Commission at least 30 days in advance of the proposed use. The Commission shall consider the request and make a recommendation to the Township Committee whether the request should be approved, denied or approved with conditions. The Township Committee shall then make the final decision and notify the applicant.
§ 190-234 Violations and penalties.
A.
Any person who undertakes any activity affecting a historic landmark or any improvement within a historic district which is regulated by this article, without obtaining review by the Commission shall be in violation of this article.
B.
On any violation, the Zoning Officer shall serve a notice describing the violation and demanding abatement within 10 days; and, notifying the owner or person(s) present that they must immediately stop and cease any further activity whatsoever. Such owner or other person(s) shall immediately stop any activity.
C.
The Zoning Officer may also file complaint in the Township municipal court; and/or seek injunction relief or restraints in any court of competent jurisdiction.
D.
Each separate day a violation exists shall be deemed to be a new and separate violation.