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Montgomery City Zoning Code

§ 16-13.14

Designation of Historic Districts and Sites.

[Ord. #89-621, S 4]
a. 
Preparation of Survey. The Landmarks Preservation Commission shall undertake a survey of the Township of Montgomery to identify neighborhoods, areas, sites, structures and objects over 50 years of age that may have historic, architectural, or aesthetic importance, interest or value as evidenced by an evaluation using the criteria identified in Subsection 16-13.15. In its effort to prepare this survey, the Landmarks Preservation Commission shall review and evaluate any available prior surveys and studies by any unit of government or private organization, and compile appropriate descriptions, facts and photographs. The Landmarks Preservation Commission shall then systematically identify potential historic sites and historic districts in the Township based on the criteria identified in Subsection 16-13.15. These criteria shall be the basis for inclusion in the Landmarks Preservation Overlay Area on the Zoning Map and Land Development Ordinance of the Township.
b. 
Documentation and Notification. Based upon the results of the survey identified in paragraph a above and recommendations of interested citizens, the Landmarks Preservation Commission shall document the importance and historical significance to the municipality, state and nation of each proposed historic site or district in terms of the purposes and criteria set forth in this section. Thereafter, the Landmarks Preservation Commission shall by certified mail:
1. 
Notify each property owner that his property has been tentatively included in the survey as an historic site or within an historic district;
2. 
Advise each owner of the significance and consequences of such designation and advise him of his opportunities and rights to participate in the process by which his property may be designated;
3. 
Invite each owner to consent voluntarily to final designation of his property as an historic site without the need for public hearing or other protection. No property shall be designated as an historic site included in the Landmarks Preservation Overlay Area if the owner of said property objects to such designation and inclusion of his property unless that property is located within an historic district, in which case the property owner may challenge the designation by the procedures outlined in paragraph d of this subsection. In addition, concurrence of at least 3/4 of the property owners in a proposed historic district must be obtained prior to final designation of that district by the Commission pursuant to paragraph f of this subsection as historic in the survey.
c. 
Additional Mechanism for Inclusion in Survey. The Landmarks Preservation Commission shall prepare a form which may be submitted by a member of the Landmarks Preservation Commission or an owner of record of any property requesting inclusion of that property in the survey as an historic site or historic district. The proposed historic site must meet one or more of the criteria presented in Subsection 16-13.15, and consent of the individual property owner must be obtained in the manner prescribed by paragraph b above.
d. 
Public Hearing. The Landmarks Preservation Commission shall, as soon as practicable, upon completion of the survey and correspondence with the property owners involved, make public a complete list and map of the proposed historic districts, sites and landmarks, specifying the locations, boundaries and property names thereof, and designating any landmark or historic district. The Landmarks Preservation Commission may determine and specifically designate certain buildings and structures as non-contributing to the historic district. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list of historic sites and a map showing all proposed historic districts shall be published, together with a notice of the hearing on same, in the official newspaper of the Township not less than 10 days prior to such hearing.
e. 
Final Decision by Commission. After full consideration of the evidence presented at the public hearing, the Landmarks Preservation Commission shall make its final decision regarding the proposed designations, and shall issue its final report to the public stating reasons in support of its action with respect to each site, landmark or historic district designation.
f. 
Submission of Survey and Map to Township Clerk and Planning Board. After the public hearing, the final survey and map of sites, landmarks and historic districts shall be submitted to the Secretary of the Township Planning Board and to the Clerk of the Township. The Township Planning Board shall thereafter consider said historic sites and historic districts for inclusion in the Master Plan of the Township of Montgomery pursuant to N.J.S.A. 40:55D-28(10). In addition, the Township Committee of the Township of Montgomery shall determine whether or not to adopt the list and map of historic sites and districts by amendment for inclusion as an Overlay Area in the Township Land Development Ordinance.
g. 
Distribution of Survey, List and Map. Copies of the historic site designation list and historic preservation map as adopted by the Township Committee shall be made public and distributed to all municipal agencies reviewing development applications and all municipal personnel responsible for the issuance of building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed with the County Clerk for recording in the same manner as certificates of liens upon real property.