Millstone Township City Zoning Code
ARTICLE 14
Historic Preservation Commission
§ 35-14-1.1 Establishment.
Pursuant to the provisions of N.J.S.A. 40:55D-107, et seq., the Millstone Township Historic Preservation Commission, (hereafter "Commission") is hereby established and created.
§ 35-14-1.2 Membership.
[Ord. No. 06-11 § I; Ord. No. 12-04]
The Commission shall consist of seven regular members and two alternate members, appointed by the Mayor. The Commission shall include members from each of the following classes:
a.
Class A - A person knowledgeable in building design and construction or architectural history and who may reside outside of the municipality.
b.
Class B - A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
c.
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 or Board of Adjustment. Of the regular members, a total of at least three must be of Class A and B.
d.
Alternate Members. 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.
No member of the Commission shall be permitted to act on any matter in which he or she has, directly or indirectly, any personal or financial interest. |
§ 35-14-1.3 Term, Vacancies, Removal.
[Ord. No. 06-11 § I; Ord. No. 12-04]
Regular members shall serve for a period of four years.
The term of an alternate member shall be two years. If the members of the Planning Board and/or Board of Adjustment are appointed to membership on the Commission, their terms on the Commission shall be concurrent with their terms on their respective Boards.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
A member of the Commission may, after public hearing if the member so requests, be removed by the governing body for cause.
§ 35-14-2.1 Officers.
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.
§ 35-14-2.2 Staff, Experts, Counsel, Expenses and Costs.
a.
The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Commission.
b.
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.
§ 35-14-2.3 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 Ordinance. A quorum shall consist of four 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.
§ 35-14-2.4 Appeals.
Unless otherwise provided in this Ordinance, whenever the Commission shall make a final decision pursuant to this Ordinance, the decision shall be subject to appeal to the Board of Adjustment in the same manner as decisions of an administrative official pursuant to N.J.S.A. 40:55D-70(a).
§ 35-14-3.1 Powers and Duties.
a.
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 any Historic District Zone which may be created from time to time or individual properties located elsewhere in the Township which have been designated Historic Landmarks.
b.
To review all applications relative to § 35-14-5, Review By Historic Preservation Commission, and make recommendations on proposed designs.
c.
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 any Historic District.
d.
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 that have been designated by the Township or other agency as a Historic Landmark.
e.
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.
f.
Prepare a survey of historic landmarks of the Township;
g.
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;
h.
Advise the Planning Board and Township Committee on the inclusion of Historic Landmarks in the recommended capital improvement program;
i.
Advise the Planning Board and the Board of Adjustment on applications for development;
j.
Provide written reports on the application of the zoning ordinance provisions concerning historic preservation, to the administrative officer in charge of issuance of building permits;
k.
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.
l.
Assist other public bodies in aiding the public in understanding historic resources; their significance and methods of preservation.
m.
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.
n.
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;
o.
Recommend to the Planning Board and the Township Committee the establishment and boundaries of Historic Districts where appropriate.
p.
Recommend to the Board of Adjustment the granting of use variances where such are deemed to be within the intent and purposes of this section.
q.
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.
r.
Cooperate with local, County, State, or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this Ordinance.
s.
Recommend to the applicable County, State, and Federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
t.
Request the Township Committee to seek, on its own motion or otherwise, injunctive relief for violations of this Ordinance or other actions contrary to the intent and purpose of this Ordinance.
§ 35-14-3.2 Compatibility with Other Agencies.
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.
§ 35-14-4 DEFINITIONS.
For the purpose of this chapter, unless the context clearly indicates a different meaning:
Shall mean the construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
Shall mean the person designated to handle the administration of building permit applications as referenced in this section.
Shall mean any act which alters or changes a historic landmark or an improvement within a historic district.
Shall mean any work done on any existing improvement which:
Shall mean a structure created to shelter human activity of any kind.
Shall mean the partial or total razing or destruction of any building, structure, or of any improvement within a historic district or of any historic landmark.
Shall mean a geographically definable area possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:
Shall mean resources within a historic district which shall be classified either as key, contributing, or non-contributing which are defined as:
KEYShall mean any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
CONTRIBUTINGShall mean any 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.
NON-CONTRIBUTINGShall mean any 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.
Shall mean any buildings, structures, sites, objects, or districts which have been so designated by any agency of government or which are designated on the zoning or Official Map or identified in any component element of the master plan.
Shall mean 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.
Shall mean 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.
Shall mean any work done on any improvement which:
Shall mean repairs when a building permit is required for same.
Shall mean 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.
Shall mean any man-made work arranged in a definite pattern of organization.
§ 35-14-5.1 Referrals to Historic Preservation Commission.
The Planning or Board of Adjustment 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 or an improvement within a historic district to the Commission. The referral of development applications by the Planning Board or the Board of adjustment shall be made when the application is deemed complete or is scheduled for a hearing, whichever occurs sooner.
a.
Applications Involving Historic Landmark or Historic District Properties. The Commission shall schedule a review at its next regular meeting and the applicant shall be notified and given an opportunity to be heard. The Commission shall provide written advice and recommendation to the Planning Board or Board of Adjustment; or, in the case of the permit application through the administrative officer shall direct such officer to approve, deny or conditionally approve the application. In addition, the Commission shall convey its advice through its delegation of one of its members or staff to testify orally at the hearing on any application and to explain any written report of the Commission. Such determinations by the Commission shall be made within 60 days of the referral to the Commission unless such time is extended by consent of the applicant.
b.
On any application involving demolition or removal of any kind, 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.
§ 35-14-5.2 Submission Requirements.
An original and two copies of each of the following shall be submitted to the secretary of the Commission:
a.
Applicable application form, if any, as adopted by the Commission.
b.
Plans and specifications as accepted by the Building Department.
c.
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:
1.
Roof design and surfacing.
2.
Walls/siding/pattern of shingles/and exterior painting or stain.
3.
Windows: style, relationship to each other/awnings.
4.
Doors.
5.
Ornaments or trim.
6.
Colors/materials.
7.
Railings/porches.
8.
Chimneys.
9.
Fences.
10.
Yard furniture.
11.
Garages/carports.
12.
Signs.
13.
TV antennas/satellite dishes.
14.
Solar energy installations.
15.
Outdoor furniture for accessory use of a principal (nonresidential) use such as a restaurant's outdoor eating section.
17.
Landscaping, grading and topography.
18.
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.
§ 35-14-5.3 Standards of Review.
In regard to an application for any approval of proposed action the following matters shall be considered:
a.
If the historic landmark or structure in a historic district is involved:
1.
The impact of the proposed change on its historic and architectural significance as defined in this section;
2.
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
3.
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.
b.
The use of any structure involved.
c.
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.
d.
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.
e.
In regard to all applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered.
f.
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.
§ 35-14-5.4 Demolitions.
An application for a permit to demolish a historic landmark or a structure or improvement within a historic district shall be forwarded by the Construction Official to the Commission.
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 ordinance.
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 could 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 Millstone 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.
§ 35-14-5.5 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.
a.
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:
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.
The historic loss to the site of original location and the historic district as a whole.
2.
The compelling reasons for not retaining the landmark or structure at its present site.
3.
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.
4.
The probability of significant damage to the landmark or structure itself.
5.
If it is to be moved from Millstone Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the municipality and other citizens.
6.
If the proposed new location is within a district, visual compatibility factors as set forth in this section.
c.
Following the public hearing, the Commission shall make a decision and act on the request for relocation.
§ 35-14-5.6 Advice Regarding Non-Historic Properties.
a.
The Commission also serves in an advisory capacity in the review of plans referred by the Planning Board, Zoning Board of Adjustment 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.
b.
In the review of plans that have been referred to it, the Commission will generally examine the following elements for compatibility with the existing style, with existing adjoining development and appropriateness:
1.
Building height.
2.
Bulk/scale.
3.
Placement of windows, doors, roof.
4.
Materials/textures and scale.
5.
Color.
6.
Signs.
7.
Fences, walls, other accessory structures on the site.
8.
Parking area layout, loading facilities.
9.
Landscaping.
10.
Driveways.
11.
Compatibility of all elements of the proposal.
12.
Any other exterior elements that would impact the surroundings.
c.
When plans are referred to the Commission by the Planning Board or Board of Adjustment, 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 or Board of Adjustment meetings, etc.
§ 35-14-5.7 Removal or Disturbance of Objects or Landmarks; Detection Devices.
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.
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.
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.
§ 35-14-6 PENALTIES.
Any person who undertakes any activity affecting a historic landmark or any improvement within a historic district which is regulated by this section, without obtaining review by the Commission shall be in violation of this chapter.
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.
The Zoning Officer may also (i) File complaint in the Township municipal court; and/or (ii) Seek injunction relief or restraints in any court of competent jurisdiction.
Each separate day a violation exists shall be deemed to be a new and separate violation.
Any person violating the provisions of this Ordinance shall be subject to the fine and penalty set forth in § 35-6-11.