Encourage the continued use of historic resources and facilitate their appropriate reuse.

Safeguard the heritage of the Borough of Haddon Heights by preserving resources within the Borough which reflect elements of its cultural, social, economic and architectural history.

Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects or districts within Haddon Heights.

Stabilize and improve property values and discourage the unnecessary demolition of historic resources.

Foster civic beauty.

Promote appreciation of the Haddon Heights Commercial Historic District and other designated historic districts for the education, pleasure and welfare of the citizens of the Borough and its visitors.

Spur beautification and private reinvestment.

Manage change by preventing alteration or new construction not in keeping with the historic landmark or the historic district.

Discourage the unnecessary demolition of historic resources.

Recognize the importance of all buildings in historic districts and of individual historic landmarks located outside of a district by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter.

Encourage the proper maintenance and preservation of historic settings and landscapes.

Encourage appropriate alterations of historic landmarks and buildings in historic districts.

Enhance the visual and aesthetic character, diversity, continuity and interest of the Borough.

Promote the conservation of historic sites and districts and invite voluntary compliance.

There is hereby created in and for the Borough of Haddon Heights a Commission to be known as the "Historic Preservation Commission," referred to in this chapter as the "Commission." This Commission shall advise the Planning Board and the Zoning Board on the effect of development applications on designated historic landmarks or improvements within an historic district. In addition, the Commission shall review all building permit applications which affect designated historic landmarks or improvements within an historic district. The Commissions's reviews shall be based on objective criteria and will complement existing land use and construction codes. The controls established, while compatible with both the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., should be viewed as having an independent basis under N.J.S.A. 40:48-2.

The Historic Preservation Commission shall consist of five members and one alternate who shall serve without compensation.

The Commission positions shall be filled by people who are interested in and qualified to contribute to the preservation of historic buildings, structures, sites, objects and districts.

Commission members shall be appointed by the Mayor and shall serve as follows: two members will serve for one year, one member shall serve for two years, one member will serve for three years and one member will serve for four years. The alternate member shall initially serve for a two-year term. If a Commission member is also a Planning Board or Zoning Board member, the term of office as Commission member is the same length as the other position. Vacancies shall be filled in the same manner in which the previous incumbent was appointed, and such vacancy appointment shall be only for the balance of an unexpired term.

The Commission shall adopt internal rules and procedures for the transaction of its business, subject to the following:

The Historic Preservation Commission shall be responsible for:

The Commission shall consider for landmark designation buildings, structures, objects, sites and districts within the Borough which merit landmark designation and protection by meeting the criteria for historic landmark designation as defined in Article II of this chapter.

The Commission shall forward its recommendation to the Planning Board. The Planning Board, upon review and acceptance of the Commission's recommendation, shall, by certified mail:

The list of potential landmarks, as well as the description, significance, location and map siting of each, shall be subject to review at a Planning Board public hearing. At least 10 days before such a hearing, notice of the hearing shall be published in an official newspaper of the municipality. At the hearing, interested persons shall be entitled to present their opinions prior to the Planning Board voting on its recommendations to the Borough Council.

After the hearing, the Planning Board shall submit its recommendations for sites to be designated to the Borough Council and the Borough Clerk. The Borough Council shall schedule to make a decision on the designations at a publicized public meeting specified on a date not less than 15 nor more than 45 days from the date of publication.

Final determination that landmark status exists shall be made by the Borough Council. Such a final determination by the Borough Council shall create landmark status, and a certificate of designation shall be issued by the Borough Council. Within seven days of the creation of landmark status, the Borough Council 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. Such appeal shall be made within 45 days of the determination. Any member of the public may seek to appeal the status directly to the Superior Court by serving notice on the Commission, the Planning Board and the Borough Clerk.

After the Borough Council's review and approval, the Borough Council shall submit the list of designated landmarks and a map to the Borough Clerk for filing. 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.

Copies of the designation list and official map, 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 in the list, and a true copy thereof shall be filed with the County Clerk for recording in the same manner as a certificate of a lien upon real property.

There is hereby established in the Borough of Haddon Heights a district to be known as the "Haddon Heights Commercial Historic District," which shall include the Office and Business Districts established in the official Zoning Ordinance. The boundary lines of the Haddon Heights Commercial Historic District, as generally defined by the several streets, shall be the existing rear boundary lot line, as of the date of this article, of the lots bordering on the outside lines of the streets named as boundaries or 200 feet from the outside line of the streets named as boundaries, whichever is the lesser distance.

The following historic resources are hereby designated as historic landmarks:

All actions that affect the exterior of an historic landmark or an improvement within an historic district shall be reviewed by the Commission. Such review shall be required for but not limited to the following actions:

Approval by the Commission can be handled on an expedited basis when an historic landmark requires immediate and emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. In such cases, the property owner or the Zoning Enforcement Officer shall immediately notify the Chairman of the Historic Preservation Commission. The Chairman may call a special emergency meeting of the Commission to review the application on an accelerated basis.

Approval by the Commission is not required for changes to the interior of structures.

For all applications presented to the Planning Board or Zoning Board which affect an historic landmark or an improvement within an historic district, the property owner shall submit an historic landmark project review application to either the Planning Board or Zoning Board, as appropriate, along with the request for either Board's approval. Such an application shall solely pertain to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with the procedures outlined in this article.

The Planning Board or Zoning Board Secretary will forward to the Commission a complete set of all application material as well as the historic landmark project review application. The Commission shall be allowed at least 14 days from the day it receives a complete application to prepare its recommendations to either the Planning Board or Zoning Board. Said recommendations shall be in the form of a written report which is orally conveyed to the appropriate Board through the Commission's delegate at a hearing on the application.

The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance as outlined in Article II of this chapter. In considering the Commission's recommendations, the Planning Board and Zoning Board shall be guided by the review criteria established in § 450-110 of this article.

Prior to undertaking any action affecting the exterior of an historic landmark or an improvement within an historic district, the property owner shall complete and submit to the Commission an historic landmark project review application.

If the proposed undertaking requires a building permit, the administrative officer shall notify the applicant that he or she must submit an historic landmark project review application to the Historic Preservation Commission. This includes but is not limited to permits for new construction, demolition, alterations, additions, repairs or replacements affecting an historic landmark or an improvement within an historic district.

The Commission shall review the application for technical completeness. Any application found to be incomplete shall be returned to the applicant within 10 days of the receipt of the application.

When an application is found to be technically complete, the Commission shall schedule for the application to be reviewed at the Commission's next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting.

The Commission shall recommend to the Planning Board either the approval or denial of the application and shall explain in writing the reasons for its recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historical or architectural significance.

If an application involves demolition or removal, the Commission's recommendation shall specifically include whether postponement should be considered by the Planning Board. If the Planning Board votes to postpone, the Commission shall undertake such investigation and take such actions as the Planning Board requests.

If the proposed undertaking involves a request for a building permit, the Planning Board shall, upon receipt of the Commission's recommendation but no later than 45 days from the date that a complete application is received by the Commission, issue the appropriate directive to the Zoning Enforcement Officer. If within the forty-five-day period the Planning Board recommends to the Zoning Enforcement Officer against the issuance or a permit or recommends conditions to the permit to be issued, the Zoning Enforcement Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit. In considering the Commission's recommendations, the Planning Board shall be guided by the review criteria established in § 450-110 of this article.

If the proposed undertaking does not involve a request for a building permit, the Planning Board shall, upon the receipt of the Commission's recommendation but no later than 45 days from the date that a complete application is received by the Commission, notify the property owner of the Planning Board's decision to approve, deny or postpone the undertaking. In considering the Commission's recommendations, the Planning Board shall be guided by the review criteria established in § 450-110 of this article.

In regard to all applications affecting an historic landmark or an improvement within an historic district, the following factors shall be considered:

In regard to an application for new construction, alterations, additions, repairs or replacements affecting an historic landmark or an improvement within an historic district, the following factors shall be considered:

In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:

In regard to an application to move any historic landmark or to move any structure within an historic district, the following matters shall be considered:

Approval by the Planning Board, Zoning Board or Zoning Enforcement Officer, in accordance with the procedures in §§ 450-108 and 450-109, shall be deemed to be final approval pursuant to this chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in an historic district.

Denial of approval shall be deemed to bar the applicant from undertaking the activity which would affect the landmark or improvement in an historic district which was the subject of the denied application.

Denial of approval shall also bar the applicant from proceeding before the Planning Board, Zoning Board or Zoning Enforcement Officer with respect to any applications relating to the landmark or improvement in an historic district which was the subject of the denied application.

The Planning Board may postpone demolition of a landmark for a period of six months. No Borough official shall issue a demolition permit for a landmark without approval from the Planning Board. If the Planning Board determines to postpone demolition, the Planning Board shall promptly request that the Commission initiate such actions as may lead to the preservation of the landmark or improvement.

The granting or denial of approval may be appealed in the same manner as any appeal from any action by the Planning Board.

If any person shall undertake any activity which affects an historic landmark or any improvement within an historic district without obtaining the Commission's review and the required approval, such person shall be deemed to be in violation of this chapter.

Upon learning of the violation, the Zoning Enforcement Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to the condition it was in prior to the violation occurring. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on the site and a copy sent to the owner at his last known address as it appears on the municipal tax rolls.

In the event that the violation is not abated within 10 days of service or posting onsite, whichever is earlier, the Zoning Enforcement Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter and specifying the wrongful conduct of the violator.

Any person who is in violation of the requirements of this article shall be liable for the penalties as outlined in this chapter.

If any person is in violation of this chapter, he shall be required to immediately stop the activity, apply for the Commission's review and take any necessary measures to preserve the landmarks affected pending a decision. If the project is denied, he shall immediately restore the landmark to its preactivity status. The Zoning Enforcement Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice. Such injunctive relief shall be in addition to the penalties authorized in this chapter.

In the event that any action which would permanently affect an historic landmark or historic district, or a demolition to remove the landmark is about to occur without approval having been issued, the Zoning Enforcement Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent the demolition of any landmark.

No duties or powers of the Commission shall supersede or infringe on the powers of other Borough boards or committees.

If any section or provision hereof shall be adjudged invalid, such determination shall not affect the other provisions hereof, which shall remain in full force and effect to the extent severable from such determination.

All ordinances and all provisions thereof inconsistent or conflicting with the provisions of this article are hereby repealed to the extent of such conflict or inconsistency, provided that they are not otherwise required by law.

This article shall take effect upon final adoption after publication thereof in accordance with law.

Buildings of different architectural styles shall be made compatible by such means as screens, sight breaks and materials.

Attractive landscape transition to adjoining properties shall be provided.

Harmony in texture, lines, scale, materials and masses is required while monotony shall be avoided.

Architectural style is not restricted. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to its surroundings.

Colors shall be harmonious with the man-made or natural surroundings of the project and shall be typical of colors found on the landmark or within the historic district. Only compatible accents shall be permitted.

The height of proposed structures may vary according to the height of existing structures that have a visual relationship to the proposed structures.

Building materials and components, such as windows, door and eaves, shall have good proportions and relationships to one another and to the surrounding man-made and natural materials.

All projects shall be compatible in scale, height, site planning and color with any officially designated federal, state or local historic site landmark or district.

Any property owners within the Historic District who seek permits to repair or replace roofs and gutters, construct or replace fences or construct signs within the Historic District shall make application to the Historic Preservation Commissioner (Commission) in a form and manner to be established by the Commission.

The Commission shall review all such applications in an appropriate manner, and such review does not require a public hearing. The Commission review is limited to aesthetic and placement questions and shall not include the power to grant variances or otherwise allow deviation from any other ordinance requirement.

In the event that the Commission approves any such application, permits for the work shall issue, provided that the application otherwise conforms to the law.

In the event that the Commission disapproves the application, the applicant shall be entitled to appear before the Haddon Heights Planning Board at its next meeting. The Commission shall be entitled to make recommendations concerning the application. The Planning Board shall take into account any such recommendation. The Planning Board shall make the final determination of any such applications.