Haddonfield City Zoning Code

To safeguard the heritage of the Borough of Haddonfield by preserving that part of the Borough which reflects elements of its cultural, social, economic and architectural history;

To preserve the Borough's historic and architecturally significant buildings and sites;

To maintain and improve property values;

To preserve and promote the Historic District as an essential element of municipal character and identity and as an important factor in the economy of the Borough and the property values therein;

To foster civic beauty;

To promote the use of the district for the education, pleasure and welfare of the citizens of the Borough and its visitors;

To further assure that construction, alterations, repairs and replacements, such as lighting, fences, walkways, signs, color (other than paint color) and landscape features, are compatible with the Borough's historic, cultural, aesthetic and architectural heritage;

To manage change by encouraging alterations or new construction in keeping with the character of the district or landmark;

To discourage unnecessary demolition of historic resources;

To recognize the importance 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 article; and

To promote the conservation of historic sites and districts and to invite and encourage voluntary compliance.

Members of Commission. The HPC shall consist of five regular members and two alternate members, who shall be appointed by the Mayor. The membership of the HPC shall include at least one regular member of each of the following classes:

Composition of members. Of the regular members, a total of at least one less than a majority shall be of Classes A and B. These members may reside outside of the municipality.

Terms of appointment. The terms of the initial appointments shall not exceed four years and shall be staggered; thereafter the regular members shall be appointed for four-year terms. HPC members on the Planning Board or on the Zoning Board shall hold office on the HPC for the term of membership on the respective board, but in no event shall such term exceed four years. 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 the unexpired term.

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

Quorum required. A quorum needed to conduct business shall consist of three members of the HPC.

Public records. All HPC reports and records are public records and all Commission meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7 et seq.

Secretary. The HPC shall employ, designate, or elect a Secretary who need not be a member of the HPC. The Secretary shall keep the records of all meetings and proceedings including voting records, attendance, resolutions, findings, determination and decision. These shall be included in a report to the Planning Board and the Board of Adjustment, when applicable, on each application for a certificate of appropriateness reviewed by the HPC, and shall be public records. The Secretary shall prepare an annual report and file it with the State Preservation Office with a copy to the Planning Board.

Engage experts. The Historic Preservation Commission may employ, contract for, and fix the compensation of experts and other staff, services and supplies 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 or grants, the amount appropriated by the governing body for the Commission's use.

Expenses and costs. The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report, as amended.

Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.

Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;

Advise the Planning Board and Board of Adjustment on applications for development pursuant to Section 24 of P.L. 1985, c. 516 (N.J.S.A. 40:55D-110). Based upon the recommendations of the HPC, the Planning Board or the Board of Adjustment shall, at a public hearing, ultimately make a determination to approve, approve with conditions, or deny an application for a certificate of appropriateness.

Provide written reports pursuant to Section 25 of P.L. 1985, c. 516 (N.J.S.A. 40:55D-111) on the application of the zoning ordinance provisions concerning historic preservation. The HPC report as referred to in N.J.S.A. 40:55D-111 shall be submitted to the Planning Board which in turn shall report to the Administrative Zoning Officer.

Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.

Provide technical assistance upon request to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners upon their request as to the accuracy of historic restoration, including materials, fenestration, architectural detail, environment and color.

The Historic District is an overlay zone; therefore:

Boundaries of Historic District and historic landmarks. There is hereby established in the Borough of Haddonfield a district to be known as the "Haddonfield Historic District" and defined for the purpose of this chapter as follows:

Procedures for additions to the Historic District and designation of historic landmarks.

Criteria for designation. A building, complex of buildings, structure, site, object, or district may be designated for preservation if it:

When required. Except for the circumstances described in Subsection C below, in Subsection D below, and Subsection K below, no work shall be performed on any historic landmark or on any building, structure, site, object or improvement located within a Historic District until a certificate of appropriateness has been recommended by the HPC and subsequently approved and issued by the Planning Board or the Board of Adjustment, if applicable, for such work.

Actions requiring review by the Historic Preservation Commission. All permits and development applications involving all development activities or improvements that affect a historic landmark or on any building, structure, site, object or improvement located within a Historic District shall require a certificate of appropriateness per the provisions of this article, except as set forth in Subsection C below and Subsection D below. Applications for a certificate of appropriateness shall be required for the following actions:

When a COA is not required; exemptions.

Administrative review. This process shall be used to determine whether a certificate of appropriateness is or is not required. It shall apply to minor repairs or minor projects, as defined in § 135-45, and to activities listed in Subsection C(1) when the Administrative Zoning Officer is uncertain whether the proposed activity meets the criteria for exemption.

Contents of administrative review form for minor repairs and minor projects. The Administrative Zoning Officer shall publish an administrative review form for minor repairs and minor projects on the Borough website and have copies available in the office of the Construction Official. The contents of an administrative review form shall note whether the property is a significant property/building as listed in § 135-59 herein and it must describe the scope of work to be performed, a description of any proposed materials, and any manufacturer's specifications, if appropriate, and a photo of the work to be performed.

Application for a COA required. All applicants for a certificate of appropriateness shall complete a COA application form. COA application forms shall be made available in the office of the Construction Official or on the Borough website. Applications shall be filed with the Administrative Officer, who shall then forward the application package promptly to the Historic Preservation Consultant, who shall, within 45 days, determine whether the application is complete. In the absence of the Historic Preservation Consultant, the Chairman of the HPC shall assume this responsibility. All applications for a certificate of appropriateness shall be made by owners or other persons or entities in control or possession of structures or improvements classified or listed within the Historic District or an historic landmark. Completed forms that are filed with the Administrative Officer at least 14 days before the next meeting of the HPC may be able to be deemed complete and placed on that meeting's agenda. The number of application copies and form in which they should be submitted, whether hard copy or digital, will be determined by the Administrative Officer at the time of application.

Public notice required. As part of the application process, the applicant for a certificate of appropriateness shall notify the adjacent property owners by mail in accordance with the following requirements:

Contents of certificate of appropriateness application. The contents of the application shall consist of the following:

Procedures for review and decision.

Optional informational meetings. Persons considering action that requires a certificate of appropriateness are encouraged to request an informal "informational meeting" with the HPC and/or its Chairman prior to submitting a formal application for a certificate of appropriateness or for a determination of nonnecessity pursuant to Subsection C above.

Emergency repair.

In reviewing any application for a Historic District certificate of appropriateness, the HPC and the Planning Board, or the Board of Adjustment, shall make their determinations as to whether an application should be approved, approved with conditions, or denied on the basis of the purposes of this Article VI, the provisions of this chapter, § 135-50C and criteria of review adapted from the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The Catalog of structures in § 135-59 herein lists the architectural styles for each structure. Further information on architectural styles has been provided as a reference only with the "Design guidelines for maintaining and rehabilitation historic buildings and landscapes with the Borough of Haddonfield, NJ." The approach taken by Haddonfield in establishing design criteria in the Historic District is based on the fact that portions of the district have an architectural cohesiveness of a period of time and therefore certain portions and places in the district should have an appropriateness of infill, which should enhance the historic character of the district.

With regard to an application for any approval of a certificate of appropriateness, the following matters shall be considered:

The buildings marked with an asterisk in the catalog of structures (§ 135-59) have been identified as being of such architectural or historic significance that they were singled out in the original Haddonfield Borough National Register nomination submission. These structures and sites meet the strict criteria of evaluation for historic preservation used by the National Trust for Historic Preservation and the National Register of Historic Places. All remaining building and structures shall be reviewed as contributing to the Historic District.

Site and streetscape.

Building site.

Garages and accessory structures.

Area and height regulations. Maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in the zoning provisions of this chapter for the respective underlying zone districts, except the Zoning Board of Adjustment may waive such regulations where necessary to preserve historic characteristics, upon recommendations in a written report from the Historic Preservation Commission.

Architectural proportions.

Exterior materials.

Roofs.

Windows.

Mechanical equipment. Vent stacks, dormers, skylights, mechanical and service equipment, satellite dishes, antennas, and solar collectors shall be located so as to be inconspicuous from any public right-of-way.

Continuity of walls. Appurtenances of a building, such as walls, open fencing, evergreens, landscaping and so forth, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visibly related.

Every building and site in the Historic District, every building designated as a historic landmark, and either listed on the National Register of Historic Places or described in the catalog of structures (§ 135-59) is a contributing building or site. The Historic Preservation Commission and the Planning Board shall consider its demolition or moving in relation to its impact on the streetscape and neighborhood, whether or not it is of historic or architectural significance.

Certificate of appropriateness required.

Review criteria. In reviewing any demolition or relocation application, the Historic Preservation Commission and the Planning Board shall consider the following matters:

Relocation criteria. When it is necessary to move a historic building to another site within the Borough to preserve it, upon the recommendation of the HPC and approval of the relocation plans by the Planning Board, said buildings may be relocated, provided that;

Review procedure. On any application for a certificate of appropriateness permit to demolish any structure in the Historic District or any designated as a historic landmark, the Planning Board shall hold a public hearing. At this public hearing, the Planning Board shall hear a report from the Historic Preservation Commission, after their review and determination at a regularly scheduled HPC meeting and any other interested party or organization, as to whether the demolition permit shall be issued. In making its determination, the Planning Board shall use the criteria set forth in this chapter. If the Planning Board determines that demolition is not appropriate, it may postpone issuance of the permit for a period of six months. During this period of time, the Planning Board may hold other hearings to determine if there is some other means to preserving the building. The Planning Board is empowered to work out with the owner feasible plans for preservation of structures where moving or demolition thereof would be a great loss to the public, the Borough, the streetscape and the neighborhood. In the event that it is shown that the owner has a reasonable economic use of the property, and that the structure should be preserved on the basis of the standards set forth in this chapter, the Planning Board may deny the application for a certificate of appropriateness permit to demolish the structure.

Consider only the exterior features of a structure or site.

Consider, in passing upon appropriateness of exterior architectural features in a site plan or major development, the purposes set forth in Article VI, and consider among other things the general design, arrangements and material of the building or structure in accordance with the standards of review as set forth in this chapter, and also color, lighting, awnings, fences, landscaping and walkways, and the relationship of such factors to similar features of historic structures, which have been maintained in accordance with the Historic District Ordinance and the standards herein, within the immediate surroundings, and the position of such structures in relation to the street or public way.

Be strict in their judgment of plans for alteration, addition, repair, replacement, restoration, rehabilitation, or demolition of existing structures deemed to be of historic or architectural significance, as designated as such in § 135-59 of this article.

Be lenient in their review of alteration, repair, replacement, addition of structures of little historic or architectural value, except where such alteration, repair, replacement, or addition would damage the historic or architectural value and character of adjacent or nearby structures or the streetscape.

Discourage the demolition of structures that have historic significance or that are valuable for the period of architecture that they represent or for their contribution to the integrity of the streetscape.

In the case of an application for a certificate of appropriateness permit to demolish a structure, to consider as part of that determination the site plan and all aspects of the exterior design of the proposed new structure.

Certificate of appropriateness required.

Sign placement. No sign in the Historic District, or on a designated landmark site, shall be placed on a building or structure in such a way as to obscure or mar any architectural feature deemed to be important to the architectural integrity of the building or structure.

Review procedures. All applications for sign permits within the Historic District or within a designated historic landmark of the Borough of Haddonfield shall be submitted to the Historic Preservation Commission for review and recommendation to the Planning Board, and shall be made upon forms furnished by the Administrative Zoning Officer. Such an application shall also be accompanied by the appropriate number of sketches and drawings showing details of construction and foundation, method of fastening to the structure, when required by the Building Code of the Borough,[1] and shall compute the sign size per the requirements of the underlying district, delineate the dimensions, shape, design, coloring, lighting, lettering, texture of material, and position in relation to the building from or upon which it shall be displayed.

Any person who is convicted of a violation of this chapter shall be subject to the penalties provided in § 135-129.

Any person who alters or demolishes, either by intent or neglect per § 135-58 herein, a building, structure, site or object in violation of the provisions of Article VII or in violation of any conditions or requirements specified in a permit shall be required to restore the building, structure, site or object involved to its appearance prior to the violation.

Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.

In the event of any inconsistency, ambiguity or overlapping of requirements between this chapter and any other requirement enforced in the municipality, the more restrictive shall apply to the extent that state and federal legislation has not preempted the municipality's power to enforce more stringent standards.

Facades, which may fall and injure members of the public or property.

Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.

Members of ceilings, roofs, ceiling and roof supports or other horizontal members, which sag, split or buckle due to defective material or deterioration.

Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.

Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.

Any fault or defect in the building, which renders it not properly watertight or structurally unsafe.

Kings Highway East from High Speed Line to the Borough line on the east.

Kings Highway West from High Speed Line west to Avondale.

Tanner Street from Kings Highway East to Euclid Avenue.

Haddon Avenue, Kings Highway East to Lake Street.

Lake Street from 47 Haddon Avenue to Grove Street.

Grove Street from 265 to Lake Street and Glover Avenue.

Warwick Road from Kings Highway West to Summit Avenue.

Washington Avenue from Kings Highway West to West Cottage Avenue.

Chestnut Street from 31 Kings Highway to East Park Avenue.

Centre Street from 11 Ellis Street to East Park Avenue.

Potter Street from Kings Highway East to Fowler Avenue.

Clement Street from 31 Tanner Street to Haddon Avenue.

Colonial Avenue from 241 Kings Highway to Lake Street.

Friends Avenue from 215 kings Highway to Lake Street.

Mechanic Street from Kings Highway East to North Haddon Avenue and Clement Street.

Lincoln Avenue from East Atlantic Avenue to Centre Street.

West Park Avenue from Washington Avenue to Warwick Road.

West Park Avenue from Washington Avenue to West Atlantic Avenue.

East Atlantic Avenue from Lincoln Avenue to Park Avenue.

West Cottage Avenue from Washington Avenue to Warwick Road (one side only).

Definitions. As used in this section, the following terms shall have the meanings indicated:[1]

Disclosure required. Whenever real property designated as part of a Historic District or a historic landmark pursuant to Chapter 135 of the Borough of Haddonfield Code is to be sold within the Borough of Haddonfield the seller thereof shall tender to all prospective purchasers a copy of the preprinted information available from the Borough that describes certain exterior alterations and construction standards. Said seller shall obtain the signatures of all parties to a sale of such real property showing that the preprinted information has been given and received, indicating thereon the street address and parcel number of the real property being sold. The disclosure is not required for buildings constructed after 1978.

Time of disclosure. The disclosure required in Subsection B above shall be completed no later than at the time the real estate sale contract is executed between the seller and purchaser thereof.