Pequannock Township
City Zoning Code
City Zoning Code
ARTICLE IV
Historic Landmark
§ 360-20 Establishment; purpose.
There is hereby established the Historic Landmark for the purpose of protecting and preserving sights or structures which are, because of age, association or architecture, of special historical and aesthetic interest or character and which, as such, have an impact upon the economic well-being and general welfare of the residents of the Township of Pequannock.
§ 360-21 Initiation of reclassification.
An amendment to reclassify property to a Historic Landmark may be initiated by the property owner, the Township Planning Board, the Township Council or the Historic District Commission.
§ 360-22 Designation criteria.
For the purposes of this article, a "historical landmark or monument" may be any real property, such as a building, structure, ruins, foundation, route, trail or place, including but not limited to a cave, cemetery, burial ground, camp or village area or a natural configuration, geological formation or feature, which:
A.
Is of particular historical, cultural, scenic or aesthetic significance to the Township of Pequannock and in which the broad cultural, political, economic or social history of the nation, state or community is reflected or exemplified.
B.
Is identified with historic personages or with important events in the main current of national, state or local history.
C.
Shows evidence of habitation, activity or the culture of prehistoric or early man.
D.
Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction.
E.
Represents a work of a builder, designer, artist or architect whose individual genius influenced his age.
F.
Is imbued with traditional or legendary lore.
G.
Is specifically identified within the historic preservation plan element of the Master Plan as recognized by the provisions of N.J.S.A. 40:55D-28b(6).
§ 360-23 Application procedure.
Any application for a Historic Landmark classification hereunder shall first be referred to the Historic District Commission of the Township of Pequannock for a report and recommendation. In addition, the Commission may and, if requested by the Township Council, shall initiate studies of structures or sites within the Township for possible inclusion hereunder.
§ 360-24 Standards.
In classifying a historical landmark or monument in a Historic Landmark, the Township Council shall rely upon the following standards, in addition to those provided in § 360-22:
A.
The landmark designated shall have a historical, aesthetic or special character or interest for the general public.
B.
The designation of such landmark shall not infringe upon the rights of a private property owner hereof to make any and all uses of such landmark which are not in conflict with the purposes of this article.
C.
The designation of such landmarks shall not require expenditures by the Township of Pequannock of any amount, unless such designation results in a dedication of the building, structure, area or property for public purposes, in which case the property owner shall be entitled to just compensation within one year after the approval of the final plat or site plan pursuant to the provisions of N.J.S.A. 40:55D-44.
§ 360-25 Permit required for alterations.
A historical landmark, either as an individual structure or within a Historic Landmark, shall not be altered, modified, relocated or demolished without a certificate of approval issued by the Township Planning Board after review and recommendation thereof by the Historic District Commission. A certificate of approval will declare that such alterations are consistent with the style and general design of the historic structure or district in question.
§ 360-26 Application procedure.
An application under § 360-25 shall be made, in writing, to the Historic District Commission and shall indicate, in detail, the proposed alteration. Plans and drawings submitted pursuant to any other section of this chapter may be used in total or partial satisfaction of this requirement. Existing and proposed elevation drawings of the historic building alterations shall be supplied to the Commission for its review of the application. The Historic District Commission shall also consider the following criteria when reviewing an application and prior to any recommendation to issue or deny a certificate of approval:
A.
Architectural style. Any alterations or additions being considered shall not detract from the original architectural style of the structure.
B.
Design. Any modifications to the proposed structure regarding design, including but not limited to fenestration, rooflines and decorations, shall be consistent with the historical features of the original structure.
C.
Color, texture and materials. Use of color, texture and types of materials shall be judged in comparison to the original structure's historical features.
D.
Other exterior considerations. Lighting, landscaping, signs, utilities and parking shall not detract from the historical character of the structure or structures in question. Signs shall be in keeping with the historical character of the structure, and no illuminated signs shall be permitted on or near historic structures.
§ 360-27 Public hearings.
The Township Planning Board, after review and recommendation of the Historic District Commission, shall hold a public hearing on any application under § 360-26, said hearing to be scheduled in accordance with the Open Public Meetings Act of 1975 of the State of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 360-28 Demolition of landmarks.
If an application under § 360-26 is for demolition of a historical landmark hereunder, the Historic District Commission, with the concurrence of the Township Planning Board, may suspend for up to 60 days the granting of permits requisite to demolition in order to allow consideration by the Township of acquisition by the Township or any other public or private entity of the landmark for the purpose of preservation thereof.
§ 360-29 Time limit for action on applications.
Within 45 days of the date the application was submitted, the Historic District Commission shall approve, conditionally approve, disapprove or request revision of the plans or drawings. Failure by the Commission to act within 45 days shall be deemed approval of the application, unless the applicant shall consent to an extension of time.
§ 360-30 Registration with state.
The Township Council or the Historic District Commission may register with the New Jersey Department of Environmental Protection, Office of Historic Sites, a landmark or site which has historical or architectural significance, where the registration would assist in the preservation thereof.
§ 360-31 Appeals.
A.
From the governing body. A decision by the governing body regarding designation of any building, structure, area or property as a historic site, and thereby includable in the Historic Landmark, may be appealed in accordance with N.J.S.A. 40:55D-1 et seq., otherwise known as the "Municipal Land Use Law."
B.
From the Planning Board. A decision by the Township Planning Board regarding any application for a permit as herein provided may be appealed to the governing body of the Township of Pequannock within 45 days after the day of the action of the Planning Board. A written petition of appeal should be filed with the Clerk of the Township of Pequannock within said forty-five-day period, after which the governing body shall set a date for hearing thereon, upon notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing, the governing body may affirm or reverse the action of the Planning Board. The determination to affirm or reverse the action of the Planning Board shall be based on a majority vote of the total number of the governing body in attendance. The findings and reasons for the disposition of the appeal shall be stated on the records of the governing body, and a copy thereof shall be given to the appellant, with a brief description of the disposition to be published within 10 days after final hearing. Any appeal to the governing body shall be held within 45 days after notice of the appeal is filed with the Township Clerk, and the Township Clerk shall notify the appellant of said hearing date at least 20 days before said hearing, by certified or registered mail.