Hamilton City Zoning Code
ARTICLE XVIII
Historic District
§ 203-208 Purpose.
The purpose of this article is to effectuate and accomplish the protection, enhancement and perpetuation of historic building, structures, sites, objects, improvements and districts within the Township of Hamilton, to implement the historic preservation element of the Township's Master Plan, and to advance the following public purposes:
A.
To safeguard the heritage of Township of Hamilton by preserving the resources within the Township which reflect elements of its historical significance;
B.
To identify, designate, and regulate historic landmarks and historic districts in order to preserve their historical significance;
C.
To encourage the continued use of historic landmarks and historic districts and to facilitate their appropriate use or reuse;
D.
To maintain and develop an appropriate and harmonious setting for historic landmarks and historic districts within the Township of Hamilton;
E.
To foster civic pride in the history and architecture of Township of Hamilton;
F.
To promote appreciation of historic landmarks and historic districts for the education, pleasure and welfare of the local population;
G.
To encourage beautification and private reinvestment in historic landmarks and historic districts, and surrounding properties;
H.
To manage change of historic landmarks and historic districts by encouraging sensitive alteration and/or new construction;
I.
To discourage the unnecessary demolition of historic resources;
J.
To recognize the importance of historic landmarks and historic districts by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this article;
K.
To encourage the proper maintenance and preservation of historic settings and landscapes.
§ 203-209 Definitions.
As used in this article, the following terms shall have the meanings indicated and shall supplement or supersede the definitions in § 203-18:
A request to the Historic Preservation Commission made pursuant to this article for the purposes of obtaining a certificate of appropriateness or other action by the Commission hereunder specified.
The Historic Preservation Commission established pursuant to the provisions of § 203-10.
An individual building structure, site, object, improvement or district which has been determined to have historical significance pursuant to the provisions of this article.
When an historic landmark or a key or contributing historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others.
Having historical, cultural, architectural, archaeological economic, social or other significance as defined by the provisions of this article.
Of, relating to, or having the character of history.
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development which qualifies for designation under § 203-212.
Those resources classified as either key, contributing or noncontributing, which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
CONTRIBUTINGAny buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
NONCONTRIBUTINGAny building structures, sites, objects or improvements which due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting its character during the period of significance of the historic district and is incapable of yielding significant new information.
Any building, structure, site, object improvement which qualifies for designation under § 203-212.
Replacing in kind extensively deteriorated or missing parts of features when there are surviving prototypes. The new work should match the old in material, design, and texture; and be unobtrusively dated to guide future research and treatment. Not recommended: replacing an entire architectural feature when limited replacement of deteriorated and missing parts is appropriate; using replacement material that does not match the historic feature; or failing to properly document the new work.
The ability of a property to convey its historical significance through the retention of original physical features.
A list of surveyed historic properties determined to meet criteria of significance specified herein.
The Master Plan of the Township of Hamilton, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic landmark or a contributing resource in an historic district.
Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district.
Is a request for approval of fences, signs, lighting paving or streetscape work which, in the opinion of the Chairman of the Commission, will not substantially affect the characteristics of the historic landmark or the historic district;
Is a request for a field change for a certificate of appropriateness permit which has already been issued and which meets the criteria of Subsection C above.
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
The established criteria for valuating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.
A building, site, structure or object that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because it was not present during the period of significance; due to alterations, disturbances, additions or other changes it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or it does not independently meet the National Register criteria.
Used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship. Shall mean any required approval issued by the Construction Official pursuant to applicable building or construction codes for work or improvement(s) to property, or to a building or structure located thereon.
Any individuals, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law. When permitted by contest, "person" shall also include the United States, the State of New Jersey and/or other states, or any political subdivision thereof, and any foreign country or government.
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or cover or shield the property from danger or injury.
The act or process of reproducing, by means of new construction, the form, features and detailing of a nonsurviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and its historic location when documentary and physical evidence is available.
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.
The act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.
The publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 CFR 68, issued in 1992 and revised and supplemented from time to time.
The location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.
The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
The inventory of building, structures, sites, objects, improvements and districts located within the Township of Hamilton which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this article.
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
§ 203-210 Referral of development applications involving historic landmarks or historic districts.
A.
Pursuant to N.J.S.A. 40:55D-110, the Planning Board and Zoning Board of Adjustment of the Township of Hamilton shall refer to the Historic Preservation Commission every application for development submitted to either Board involving historic landmarks or properties located within historic districts. This referral shall be made when the application is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice on said application, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report that the Commission may have submitted.
B.
On all matters referred to the Historic Preservation Commission which require approval by the Township's Planning Board or Zoning Board of Adjustment, the decision of the Commission shall be a recommendation only. In reviewing applications for development, the Commission may comment on any of the zoning and land use considerations which are relevant to the application.
§ 203-211 Certificate of appropriateness.
A.
Authority to issue certificates of appropriateness.
(1)
The Planning Board shall issue all certificates of appropriateness, except as specified in Subsection A(3) (below).
(2)
The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review, except as set forth in Subsection A(3) (below).
(3)
The Planning Board and Zoning Board of Adjustment shall have the right to delegate to the Historic Preservation Commission the issuance of certificates of appropriateness. Any person aggrieved by a decision of the Historic Preservation Commission shall have the right to appeal to the Planning Board.
B.
When required. A certificate of appropriateness permit shall be required before any work is commenced on any historic landmark or within any historic district, whether or not a construction or zoning permit is required for such work, including but not limited to the following:
(1)
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described in Subsection C below.
(2)
Demolition of any building structure, site, object or improvement.
(3)
Relocation of a principal or accessory building, structure, site, object or improvement.
(4)
Any addition to or new construction of a principal or accessory building, structure, site, object or improvement.
(5)
Any change of exterior color.
(6)
Development not otherwise exempted from review pursuant to § 203-9A(2) of Article I of this chapter where a significant resource has been identified pursuant to § 203-211E(4)(b).
C.
When not required.
(1)
A certificate of appropriateness permit shall not be required if, in the opinion of the Commission, the work contemplated constitutes "ordinary maintenance and repair" as defined by this article. In such cases, and if a permit is required for the proposed work, the Commission shall promptly notify the Zoning Official that a certificate of appropriateness is not required as a prerequisite to the issuance of the permit.
(2)
Changes to the interior of existing structures.
(3)
Repair and replacement work to noncontributing buildings within an historic district which shall include the following:
(a)
Exterior painting.
(b)
The replacement of glass in any window or door.
(c)
The installation and replacement of any window or door in the same opening without altering the dimensions or framing of the original opening. This shall include garage doors, storm windows and storm doors. Any new door or window shall be of the same type and operation as the existing.
(d)
Repair of any nonstructural member such as a railing.
(e)
The repair of existing roofing material with like material.
(f)
The repair of any part of a porch or stoop which does not structurally support a roof above.
(g)
The replacement or installation of screens.
(h)
The replacement of exterior rain gutters, downspouts and leaders.
(i)
The repair or replacement of any exterior trim, decoration or moldings.
D.
Procedures.
(1)
Except for the circumstances described in Subsection C(1) and (2) above, no work shall be performed on any historic landmark or on any building, structure, site, object or improvement located within an historic district until either a certificate of appropriateness has been issued for such work or until a determination has been made that no certificate of appropriateness is necessary for such work due to the fact that the proposed work constitutes "ordinary maintenance and repair" pursuant to Subsection C(1) above.
(2)
All applicants for a certificate of appropriateness, or for a determination of non-necessity pursuant to Subsection C(1) above, shall complete an application form. Application forms shall be made available in the office of the Zoning Official. Completed applications shall be filed with the Zoning Official, who shall then forward the application package promptly to the Commission.
(3)
Each application for a certificate of appropriateness or for a determination of non-necessity shall be accompanied by sketches, drawing, photographs, descriptions or other information to show the proposed alterations, additions, changes or new construction. Applications for demolition shall include current and historical photographs of the interior and exterior of the building and a report demonstrating that restoration of the structure is economically infeasible. If located in a Pinelands Area, applications for new construction or demolition shall be accompanied by a certificate of filing from the New Jersey Pinelands Commission. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision. Any such request shall not affect the time within which the Commission must make a decision pursuant to Subsection D(5) (below). To further assist the community there is a copy of the Township of Hamilton historic district Standards Guide and a fencing guide in the Zoning Office at the Township Hall.
[Amended 10-5-2015 by Ord. No. 1799-2015]
(5)
The Commission shall render a decision on each application for a certificate of appropriateness, or for a determination of non-necessity pursuant to Subsection C(1) above, and submit its report to the Zoning Official within 45 days of referral of same by the Zoning Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
E.
Procedures within the Pinelands Area.
(1)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to 7:50-6:154 or any action which renders such a site inaccessible.
(2)
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b). A cultural resource survey shall accompany all applications for development in a Pinelands N.J.A.C.village and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and/or New Jersey State Registers of Historic Places on the site or within the area of the projects, potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional a vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
(a)
This requirement for a survey may be waived by the local approval agency if:
[1]
There is insufficient evidence of significant cultural activity of the project site, or, in the case of archaeological resources, within the vicinity;
[2]
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(b)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
[1]
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
[2]
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural political, economic or social history of the nation, state, local community or the Pinelands.
[3]
The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction.
[4]
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
(3)
The following guidelines and standards governing the issuance of certificate of appropriateness permit in N.J.A.C. 7:50-6:156(c) shall be followed:
(a)
The historical or architectural value and significance of the building and its relationship to the historic value of the surrounding area.
(b)
The general compatibility of exterior design, arrangement and materials to be used.
(c)
Any other factor, including aesthetic, which it deems pertinent. In approving or disapproving applications for certificates of appropriateness in the Pinelands Area, the Planning Board, Zoning Board of Adjustment and/or Historic Commission shall consider:
[1]
The extent of the alteration, destruction or removal of the distinctive or architectural features of the designated structure, including consideration of the harmony of materials, details, height, mass, proportion, rhythm, scale, setback, shape, street accessories and workmanship.
[2]
The relationship of the designated site to the surrounding land and natural features.
[3]
The degree to which the proposed work would appropriately or inappropriately isolate the designated structures or area from their historical or architectural surroundings.
[4]
The degree to which the proposed work is compatible with the original design concept of the structure or with the general characteristics of that era.
[5]
The degree to which the proposed building materials are compatible with the aesthetic and structural appearance of the designated structure of area, including the texture, style, color of the materials and the proposed combination of materials such as brick, stone, concrete, shingle, wood or stucco.
[6]
If the proposed work involves a designated archaeological site, the degree to which the proposed work avoids or disturbs the designated site or complies with the rules of the Department of the Interior governing the recovery of archaeological data, 36 CFR 66 et seq.
[7]
If the proposed work involves the demolition of a designated structure, the degree to which the applicant has explored preservation options, such as the sale of the structure to an individual or group interested in preserving the right structure.
[8]
The degree to which the proposed work is in conformity with the Department of the Interior's Standards for Historic Preservation Projects, 36 CFR 67 et seq. and Township of Hamilton HPC Design Guidelines.
(d)
The effect of the issuance of a certificate of appropriateness is as follows:
[1]
All subsequent development approval shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection E(3)(d)(2) below.
[2]
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6:154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6:154.
(4)
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity.
(a)
A narrative description of the resource and its cultural environment.
(b)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
(c)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources.
(d)
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology, if necessary, to elaborate upon the photographic record.
(5)
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recover (36 CFR 66).
F.
Informational meetings.
(1)
Persons considering action that requires a certificate of appropriateness are encouraged to request an informal "informational meeting" with the Commission and/or its Chairman prior to submitting a formal application for a certificate of appropriateness or for a determination of non-necessity pursuant to § 203-211C. Requests for such information meetings can be made to the Commission Secretary. The Commission and/or its Chairman shall hold such informational meetings within 30 days of receipt of such request. The purpose of an informational meeting is to review the design issues and standards of appropriateness and the procedures for obtaining a certificate of appropriateness or a determination of non-necessity pursuant to § 203-211C.
G.
Application review.
(1)
The Commission shall hold a hearing on all applications for certificates of appropriateness. No hearing shall be required in order for the Commission to render a determination of non-necessity pursuant to Subsection C above.
(2)
Prior to holding a hearing on an application for a certificate of appropriateness, the Commission shall, in addition to complying with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., notify the applicant in writing prior to the hearing by mail setting forth the time, date and place of the hearing.
(3)
An applicant for a certificate of appropriateness permit shall be required to appear or to be represented at the hearing in order for the Commission to consider the application for a certificate of appropriateness, and the Commission will deny without prejudice and allow the applicant to reappear before the HPC at a later date.
(4)
At the hearing, the Commission shall allow all persons the opportunity to be heard concerning the issuance of a certificate of appropriateness for the proposed work.
(5)
After conducting the hearing, the Commission shall render a determination on the completeness of the application. All determinations regarding the issuance of a certificate of appropriateness shall be in writing with an explanation of the reasons for the decision, and shall be delivered promptly to the Planning Board, unless the Commission is authorized to issue certificates of appropriateness pursuant to § 203-211A(3) in which case it shall be delivered to the Zoning Official. A certificate of appropriateness shall be granted if it is found that the application is appropriate to the historic landmark or historic district and in conformity with the standards and criteria set forth in this article. A certificate of appropriateness may be subject to certain conditions(s), which shall be set forth in detail in the written decision. A certificate of appropriateness shall be denied if the application is found to be inappropriate to the historic landmark or historic district and/or not in conformity with the said standards and criteria. Denial of a certificate of appropriateness shall be deemed to prohibit the applicant from undertaking the work applied for, and shall preclude the issuance of any required permit for said work.
(6)
Failure to render a written determination to the Zoning Official within the forty-five-day period referenced in Subsection D(5) shall be deemed to constitute a determination in favor of the issuance of a certificate of appropriateness for the proposed work and without conditions. In the event that the applicant has consented to an extension of time to consider the application, the Zoning Official shall be notified of said extension and no certificate of appropriateness or permit shall be issued of the proposed work until a determination has been rendered during the extension period.
(7)
Appeals from determinations of the Zoning Official in accordance with the report issued by the Planning Board or the Historic Preservation Commission if so authorized pursuant to § 203-211A(3) may be made by the applicant to the Zoning Board of Adjustment. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Zoning Board of Adjustment. The appellant shall pay all costs for copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this subsection, the Zoning Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the Zoning Official pursuant to a determination rendered by the Planning Board or Historic Preservation Commission, the Zoning Board of Adjustment shall, in writing, include the reasons for its determination in the findings of its decision thereon.
(8)
The owner shall post the certificate of appropriateness on a conspicuous spot on the exterior of the designated property visible to the general public during the entire process of work.
(9)
When a certificate of appropriateness has been issued, the Zoning Official or his appointee shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
(10)
A certificate of appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant.
(11)
The performance of unauthorized activities shall be deemed to be a violation of this Chapter and may subject the responsible parties to sanctions imposed hereunder.
H.
Minor applications. The Chairman of the Historic Preservation Commission, or other designated member(s) of the Commission acting on the Chairman's behalf, may review applications for minor work ("minor applications") without holding a hearing. If the Chairman finds the application appropriate, he/she may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a certificate of appropriateness to the Zoning Official for said minor work. The Zoning Official shall then authorize the applicant to proceed and issue any required permit associated therewith. If the Chairman does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission.
I.
Emergency procedures.
(1)
When an historic landmark or a key or contributing historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, limited emergency repairs may be performed in accordance with applicable construction codes immediately upon consultation with the HPC Chair and approval of the Construction Official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining a certificate of appropriateness from the Commission. Under such circumstances, the limited repairs performed shall be only such as are necessary to preserve the habitability of the building or structure and/or the health and safety of its occupants or others: Where feasible, temporary measures to prevent further damage shall be used, provided these measures are reversible without damage to the building or structure.
(2)
Simultaneously with the commencement of the emergency work, the property owner shall make a request for a certificate of appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the Zoning Official pursuant to the procedures set forth in Subsection D above.
(3)
It should be noted that the procedures outlined in this section should be strictly limited to those circumstances which, in the opinion of the Construction Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Zoning Official and Historic Preservation Commission pursuant to the procedures set forth in Subsection G above.
J.
Requirement of obtaining certificates of appropriateness for government actions.
(1)
It is recognized that the intent and purposes of this article would not be fully served if the municipality and other governmental agencies were to control the actions of others but fail to apply similar constraints to itself. The Township of Hamilton, when it plans to undertake any work on any municipally owned historic landmark or on any municipally owned property in an historic district, may submit such plans to the Historic Preservation Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
(2)
In those circumstances where the Township cannot require compliance, as in certain cases involving the county, state, and federal governments, the Township most strongly urges the voluntary cooperation of such agencies in seeking a certificate of appropriateness and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable state and federal regulations regarding historic preservation.
§ 203-212 Standards and criteria.
A.
The purpose of this section is to provide uniform standards and criteria for the regulation of historic landmarks and historic districts for use by the Historic Preservation Commission. All projects requiring a certificate of appropriateness and all applications for development on historic landmarks or in historic districts shall be governed by the principles of the Secretary of the Interior's Standards for Rehabilitation (as contained within the Secretary of the Interior's Standards for the Treatment of Historic Properties) and by the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
B.
In reviewing applications for certificates of appropriateness, the Historic Preservation Commission may consider the site, design, arrangement, texture, details, scale, shape, materials, finish and relationship to streetscape and/or landscape of the proposed work and the relationship of those characteristics to the historical significance of the historic landmark or historic district.
C.
In reviewing applications for certificates of appropriateness, the Historic Preservation Commission shall not consider use, zoning requirements for setbacks, density, height limitations or lot coverage, as these matters fall within the purview of the Planning Board and Zoning Board of Adjustment.
D.
In considering development application referrals from the Planning Board and/or Zoning Board of Adjustment, the Historic Preservation Commission may consider use, zoning requirements for setbacks, density, height limitations and lot coverage in rendering its advice to the appropriate Board.
E.
Criteria for review. In its review of historic landmarks or properties located within historic districts, the Commission shall give consideration to certain criteria, including but not limited to the following:
(1)
The historic character of the landscape or streetscape.
(2)
The historical character of a building, structure, site, object, improvement or district and its relationship to property of the surrounding area.
(3)
The general compatibility of the proposed use to the historical value of the surrounding area.
(4)
The general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical value of the surrounding area. In carrying out its review under these guidelines, the following criteria shall be utilized:
F.
Exterior lighting and painting requirements for public or commercial buildings.
(1)
The painting or repainting of a public or commercial building in an historic area designated on Zoning Map 5[1] shall conform to the color guidelines maintained by the Historic Preservation Commission as identified in this article.
[1]
Editor's Note: Zoning Map 5 is on file in the office of the Township Clerk, where it may be examined during regular business hours.
(2)
The exterior lighting for public or commercial building in an historic area designated on Zoning Map 5 shall conform to the street lighting specifications shown on Sheet 10 of the Mays Landing Historic Plan or be an approved equal.
H.
Exterior color selection in historic areas.
(1)
Purpose The intent of this section is to recognize that although color choice is a matter of intimate preference, there are some colors and methods of application that are more appropriate to maintain the integrity of designated buildings which are landmarks or are located within an historic district.
(a)
The colors applied to any building should be selected from those that were available and considered appropriate for the date, type and style of the building at the time of its design and construction.
(b)
Those colors, whatever they may be should be applied to the structure to enhance the design in the manner intended by the original designer, builder and owners.
(2)
The applicant shall meet with the Township of Hamilton Historic Preservation Commission prior to the selection of exterior colors.
I.
Solar panels, satellite dishes and similar utility equipment in the historic district.
[Added 4-15-2019 by Ord. No. 1900-2019]
(1)
Solar panels, satellite dishes and similar utility equipment shall not be installed on the roof or facade of any structure in the historic district except as follows:
(a)
Such equipment may be installed on buildings with a flat roof or parapet, provided that the equipment is setback so that it is not visible from the public right-of-way.
(b)
Such equipment may be installed on a new structure or a new addition to an existing structure, provided that the equipment is not visible from the public right-of-way.
(c)
Such equipment may be installed on a nonhistoric accessory structure, provided that it is not visible from the public right-of-way.
(2)
Solar panels, satellite dishes and similar utility equipment may be installed in the side or rear yard area of the property, provided that it is screened from view of the public right-of-way.
§ 203-213 Demolitions and relocations.
A.
In regard to an application to demolish or relocate an historic landmark or an historic district Resource, the following matter shall be considered:
(1)
Its current and potential use for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
(2)
The probable impact of its removal upon the ambiance of the historic landmark or historic district.
(3)
The structural soundness and integrity of the building, structure, site, object or improvement and the economic feasibility of restoring or rehabilitating same so as to comply with the requirements of the applicable construction codes.
(4)
The compelling reason for not retaining the building, structure, site, object or improvement at its present location, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the building, structure, site, object or improvement as a result of the relocation.
(5)
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this article and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
B.
Procedure.
(1)
Where demolition is denied. In the event of a denial of an application for a certificate of appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, the owner shall, nevertheless, as a matter of right, be entitled to the issuance of a certificate of appropriateness to raze or demolish same, provided that all of the following requirements have been fully met:
[Amended 10-5-2015 by Ord. No. 1799-2015]
(a)
Appeal to Zoning Board of Adjustment. The owner has applied for the necessary certificate of appropriateness and has received notice of denial of same from the Zoning Official based on the report from the Planning Board or the Historic Preservation Commission if so authorized and has appealed to the Zoning Board of Adjustment, which has affirmed such denial.
(b)
Sale for fair market value. The owner has, prior to seeking demolition, for a period of at least 180 days (the "offer period"), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement and the land pertaining thereto to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement and the land pertaining thereto.
(c)
Demolition notice posted and publication. Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the notice period in a location such that it is clearly readable. In addition, the applicant shall cause to be published in the official newspaper of the Township a notice setting forth the following:
[1]
The applicant's intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished; and
[2]
The applicant's proposed use of the property following demolition; and
[3]
The anticipated time frame(s) associated with the demolition; and
[4]
A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
[5]
The applicant's name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or to make an offer to purchase the property as set forth above. The notice shall be published as follows:
[a]
At least once within the first 10 days of the notice period; and
[b]
At least once within the period of time that is not less than 10 nor more than 15 days prior to the expiration of the notice period; and
[c]
At least once each 20 days between the above first and last notifications.
[d]
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
[i]
Advise the Commission in writing of its intention to proceed with the demolition; and
[ii]
Certify in writing to its compliance with the provisions of Subsection B(1)(b) above relating to the one-hundred-eighty-day "offer period"; and
[iii]
Provide the Commission with a copy of the notice that appeared in the official newspaper of the Township and a listing of all dates on which the said notice appeared in the newspaper; and
[iv]
Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the one-hundred-eighty-day "offer period" or following the newspaper noticing referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
[v]
File copies of the affidavits of publication relating to the newspaper noticing with the Commission.
(d)
Pinelands Area. If the structure is located in a Pineland Area the applicant shall have received correspondence from the New Jersey Pinelands Commission concurring that preservation in place is economically infeasible and that recordation of the resource is an appropriate treatment.
(e)
Notice period. The period of time during which notice must be given in manner hereinbefore set forth shall be known as the "notice period" which shall commence on the 10th day following the date of the notice of denial of the appeal from the Zoning Board of Adjustment and such notice period shall run for a period of time of 60 days.
(2)
Assignment. No assignment of the rights granted by a certificate of appropriateness to demolish shall be permitted.
(3)
Expiration of approval.
(a)
In cases where demolition is permitted, the certificate of appropriateness shall be valid for one year from the date of Historic Preservation Commission approval of the application. The one-year period shall not be extended.
(b)
At the time of issuance of the certificate of appropriateness to demolish, the Zoning Official shall designate the period of time (within the one-year approval period) within which demolition must be completed.
(4)
Approval after change of circumstances. The Commission may at any time during such notice period, if a significant change in circumstances occurs, approve a certificate of appropriateness to demolish, in which event, a permit from the Zoning Official shall be issued within 10 days thereafter.
§ 203-214 Enforcement.
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness permit. If it should, the official shall inform both the Zoning Official and the applicant, as well as the Historic Preservation Commission.
§ 203-216 Violations and penalties.
The violations and penalties provisions of § 203-218 shall be applicable to any person undertaking any activity with regard to an historic landmark or property located within an historic district without first having obtained and posted a certificate of appropriateness as provided in this chapter.