Pemberton City Zoning Code
ARTICLE VII
Historic District
§ 210-20 District regulations.
A.
Purpose.
(1)
The purpose of this section is:
(a)
To safeguard the heritage of the Borough of Pemberton by preserving that part of the Borough which reflects elements of its cultural, social, economic and architectural history.
(b)
To maintain and develop an appropriate and harmonious setting for the architecturally significant buildings, structures and places within that part of Pemberton.
(c)
To stabilize and improve property values.
(d)
To foster civic beauty.
(e)
To promote the use of the Historic District for the education, pleasure and welfare of the citizens of the Borough and its visitors.
(2)
For these purposes, there is hereby established a district to be known as the "Pemberton Historic District."
B.
Bounds. The bounds of the Pemberton Historic District are defined, for the purpose of this article, as notated on the "Zoning Map, Pemberton Borough, Burlington County New Jersey," on file in the office of the Pemberton Borough Clerk, and are based upon the amendments to the 1989 Pemberton Historic District, as set forth on the map entitled "Ordinance No. 2007-7, Pemberton Historic District Amendment," dated June 2007, and designated "Figure 1."[1] The Historic District shall include the area of all lots and streets, alleys, and driveways that are situated within the boundaries of the Historic District designation that is notated on the Zoning Map.
[Amended 6-18-2007 by Ord. No. 2007-7]
[1]
Editor's Note: Figure 1, Ord. No. 2007-7, Pemberton Historic District Amendment Map, is on file in the Borough offices.
C.
Appointing authority. The Mayor is designated by this article to appoint members of the Advisory Committee according to the guidelines in the Municipal Land Use Law.[2] The combined Pemberton Borough Planning/Zoning Board shall, in conjunction with the Advisory Committee, review and make recommendations on all building permit approvals referred by the Building Inspector.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Duties and powers. The Building Inspector shall be bound by the guidelines set forth in File No. H-D 1 in the historic documents, and as follows:
[Amended 8-19-2013 by Ord. No. 2013-7]
(1)
It shall be the duty of the Building Inspector to review all plans for construction, alteration, repair, painting and repainting, moving or demolition of structures in the Historic District and to submit to the Planning/Zoning Board within 30 days those applications which involve changes in existing exterior architectural features or new construction involving architectural features. The Planning/Zoning Board, in conjunction with the Advisory Committee, shall then, pursuant to N.J.S.A. 40:55-1.13,[3] make its recommendation to the Building Inspector as to approval or disapproval of the plans under this article within 45 days. If the Planning/Zoning Board disapproves the plans under this subsection, the Building Inspector shall deny the application, and the applicant may proceed before the proper authority.
[3]
Editor's Note: N.J.S.A. 40:55-1.13 was repealed by L. 1975, c. 291, § 80. See now N.J.S.A. 40:55D-25 et seq.
(2)
No building or structure shall hereafter be erected, reconstructed, altered, restored, nor shall any building or structure be painted, repainted or demolished within the Pemberton Historic District unless and until an application for a building permit shall have been approved as to exterior architectural features which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of approval issued by the Planning/Zoning Board.
(3)
Approval of exterior building color shall be required except where it is demonstrated to the satisfaction of the Building Inspector that the exterior paint color combinations to be used on the exterior of a building conform to the suggested color combinations identified in the paint booklet entitled "Appendix A, Pemberton Borough Historic District Approved Exterior Paint Collections and Color Palette," dated June 2013. This booklet is on file in the Pemberton Borough Municipal Building and identifies (a) suggested exterior color combinations that do not require Planning/Zoning Board approval; and (b) a suggested palette of approved colors that require Planning/Zoning Board approval. A building may be painted white without prior approval by the Planning/Zoning Board.
(4)
"Appendix A, Pemberton Borough Historic District Approved Exterior Paint Collections and Color Palette, dated June 2103" (Appendix A) is hereby adopted as the official guidance document identifying approved exterior paint colors for buildings and structures in the Pemberton Borough Historic District as referenced in § 210-20D(3) herein.
E.
Historic District provisions.
(1)
The following standards and regulations shall apply in the Historic District and shall be in addition to the use districts or districts which shall also be designated by the Official Zoning Map and articles of the Zoning Chapter for such areas. In reviewing the plans, the Planning/Zoning Board shall give considerations to:
(a)
The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.
(b)
The general compatibility of exterior design, arrangements, color and materials proposed to be used.
[Amended 8-19-2013 by Ord. No. 2013-7]
(c)
Any other factor, including aesthetic, which it deems pertinent.
(d)
A description of the details of design for the period of architecture involved in the particular structure and surrounding neighborhood.
(2)
The Planning/Zoning Board shall make judgment only on exterior features of a structure and shall not consider interior arrangement, nor shall it disapprove applications except in regard to considerations as set forth in the within subsections.
(3)
It is the intent of this subsection that the Planning/Zoning Board be strict in its judgment of plans for alterations, repairs, painting, repainting or demolition of existing structures deemed valuable according to studies, approved by the Planning/Zoning Board of the Borough of Pemberton, by qualified persons using as the criteria of evaluation those developed by the National Trust for Historic Preservation. A list of such structures designated by street address will be supplied by the Pemberton Borough Historical Society's Preservation Committee to guide the Planning/Zoning Board in its judgments.
[Amended 8-19-2013 by Ord. No. 2013-7]
(4)
It is the intent of this subsection that the Planning/Zoning Board shall encourage any alterations or repairs to structures on this list to be made in the spirit of their architectural style and that any additions will be made in such a manner as not to detract from a building's original appearance.
(5)
The buildings included on the list are those structures within the Historic District that are deemed to be valuable for the period of architecture they represent and important to the neighborhood within which they exist. It is intended that demolition of these structures should be discouraged, as their loss will be a common loss to the Borough of Pemberton and the neighborhood. Moving of a structure on the list should be encouraged as an alternative to demolition, if there is no other way to save the structure.
(6)
When it is necessary to move an historic building to another site within the Borough to preserve it, upon approval of the relocation plans by the Planning/Zoning Board, said building may be relocated, provided that it fulfills the area regulations of said zone as to the lot size, setback and yard areas.
(7)
It is also the intent of this subsection that the Planning/Zoning Board shall be lenient in its judgment of plans for new construction or for alterations, repair, painting, repainting or demolition of structures of little historic value which are within the Pemberton Historic District, except where such construction, alterations, repair, painting, repainting or demolition would seriously impair the historic value and character of surrounding structures or the surrounding area.
[Amended 8-19-2013 by Ord. No. 2013-7]
(8)
Demolition or removal may be forbidden or postponed for a period of six months (after public hearing granted to applicant, if desired), and the Planning/Zoning Board shall then consult civic groups and public agencies to ascertain how the Borough may preserve the building and/or premises. The Planning/Zoning 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 and to the Borough.
(9)
The Planning/Zoning Board, in passing on appropriateness of exterior color and architectural features, in any case shall keep in mind the purposes set forth in this section and shall consider, among other things, the general design, arrangements and material of the building or structure in question and the relationship of such factors to similar features of historic structures in the immediate surroundings and the position of such structures in relationship to the street or public way.
[Amended 8-19-2013 by Ord. No. 2013-7]
(10)
The Planning/Zoning Board shall not consider features not subject to public view.
(11)
The Planning/Zoning Board shall not make any recommendations or requirements except for the purpose of disapproving developments incongruous to the historic aspects of the surroundings and the Pemberton Historic District.
F.
The Planning/Zoning Board shall have the power to engage experts to aid in its deliberations. The Planning/Zoning Board shall have the power to issue a certificate of approval, if it approves of the plans submitted to it for its review. A building permit shall not be issued until such certificate of approval has been issued by the Planning/Zoning Board.
G.
Upon approval of the plans, the Planning/Zoning Board shall cause a certificate of approval, dated and signed by the Chairman, to be issued to the applicant or affixed to the plans.
H.
If the Planning/Zoning Board shall fail to take action in any case within 45 days after receipt of any application for a certificate of approval or a permit for removal, the case shall be deemed to be approved except where mutual agreement has been reached for an extension of the time limit.
I.
In the case of disapproval, the Planning/Zoning Board shall state its reasons therefor in writing, and it may make recommendations to the applicant with respect to appropriateness of design, arrangements, material and the like of the structure involved.
J.
Upon securing the necessary permit, nothing in this article shall prohibit repairing or rebuilding any structure in the district so as to maintain or return the structure to its original condition prior to the deterioration or destruction.
K.
The Planning/Zoning Board shall have the right to approve the substitution of materials and techniques to preserve the appearance of historical structures.
N.
The Mayor shall appoint a three- to five-member Advisory Committee composed of residents with experience and/or educational qualifications pertinent to preservations of historic structures. This Committee shall be available for consultation with the Planning/Zoning Board to aid in deliberation on applications under this section. Members of this Advisory Committee shall be representatives of the community, including the Pemberton Historic District.