Salem City Zoning Code
ARTICLE XV
Historic Preservation HP 1
§ 130-68 Intended purposes.
The historic preservation regulations of this article are intended to:
A.
Safeguard the heritage of the City of Salem by preserving resources within the City which reflect elements of its cultural, social, economic, archaeological and architectural history;
B.
Encourage the continued use of historic properties and facilitate their appropriate use;
C.
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects or districts within the City;
D.
Stabilize and improve property values within the City of Salem and foster civic pride in properties and therein;
E.
Promote appreciation of historic properties for education, pleasure and the welfare of the local population;
F.
Encourage beautification and private reinvestment;
G.
Manage change by preventing alteration or new construction not in keeping with historic preservation;
H.
Discourage the unnecessary demolition of historic resources;
I.
Encourage the proper maintenance and preservation of historic properties, settings and landscapes;
J.
Encourage appropriate alteration of historic properties;
K.
Enhance the visual and aesthetic character, diversity, continuity and interest in the City;
L.
Promote the conservation of historic properties, sites and areas and invite and encourage voluntary compliance;
M.
Not require or prohibit any particular architectural style but rather preserve the past by making the past compatible with and relevant to the present; and
N.
Assure the continued useful life of designated landmarks within the City of Salem by declaring that maintenance is a high City priority.
§ 130-69 Definitions.
ADDITION — An extension or increase in a building's size, floor area or height.
Any change in the exterior appearance of a structure, which includes additions, removals or replacements.
Any private or public person, persons, or any representative or any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, improvement, renovation, repair or demolition of a structure.
Application to the Planning Board of the City for approval of a major or minor subdivision plot or site plan, planned development, conditional use or zoning variance, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law.[1]
A structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls and usually, but not necessarily, covered with a roof, including, but not limited to, house, barn, warehouse, store, factory, church, hotel or school.
A geographically defined area that is recognized for its design integrity, is not yet historic, but deserves some limited regulation of exterior building changes.
Adding to the historic architectural qualities, historic associations, or archaeological values for which a landmark is significant because it:
Partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, object or site. Demolition includes the removal of a building structure or object from its site or the removal or destruction of the facade or surface.
The deferment of maintenance of or within any designated landmark resulting in any one or more of the following as determined by the Department of Inspections:
Deterioration to the extent that it creates or permits a hazardous or unsafe condition.
Deterioration to a building(s) characterized by one or more of the following:
Those buildings which have parts thereof which are so attached that they may fall and injure members of the public or property.
Deteriorated floor supports or floor supports which are insufficient to carry imposed loads with safety.
Members of walls or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
Members of walls or other vertical supports which are insufficient to carry imposed loads with safety.
Members of ceilings, roofs, ceilings and roof supports or other horizontal members that sag, split, or buckle due to defective material or deterioration.
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which are insufficient to carry imposed loads with safety.
Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.
Any fault, defect or condition in the building that renders the same structurally unsafe or not properly watertight.
Action by the City or Fire Marshal relative to the safety or physical condition of any designated landmark.
A landmark that is designated to the City Register of Historic Landmarks and subject to Historic Preservation Commission review authority.
The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation of landfill; and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law.[3]
A significant concentration, linkage or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development.
Building materials and parts, such as brick, stone, wood, glass, clapboards, stucco, window sashes, decorative woodwork, floorboards, trim and moldings, doors, hardware, plaster, and the like.
At an age of 50 years or greater. A property can be significant without meeting this criterion.
A pattern or trend in history by which a specific occurrence, property or site is understood and its meaning (and ultimately its significance) within history or prehistory is made clear.
A geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects that has been designated by ordinance.
Those buildings, structures, sites or objects classified as key, contributing or noncontributing.
The ability of a property to convey its significance. Location, design, setting, materials, workmanship, feeling and association are the aspects of historic integrity.
The body which, for the purposes of the Ordinance acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
A document indicating permission to commence work or activity on a historic landmark.
The importance of a property to the history, architecture, archaeology, engineering, or culture of a community. Significance is achieved by association with events, activities, patterns, persons, physical design, construction or form or potential to yield important information.
A term synonymous with "landmark."
A building or other structure or any work constituting a man-made alteration of, or addition to, any site.
A list of properties determined as meeting the historic significance criteria.
Contributing, but of especially outstanding historic significance.
A building, structure, site, district, streetscape, or object having historic significance which is identified in the Master Plan or subsequent inventory.
The Master Plan of the City of Salem, as amended from time to time compiled pursuant to the Municipal Land Use Law.
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 official list of New Jersey's historic resources of local, state and national interest as created by the New Jersey Register of Historic Places Act of 1970 (N.J.S.A. 13:1B-15.128 et seq.). It is closely modeled after the National Register program, having the same criteria for eligibility, nomination forms and review process.
The official list of New Jersey's historic resources of local, state, and national interest as created by the New Jersey Registrar of Historic Places Act of 1970 (N.J.S.A. 13:1B-15.128 et seq.). It is closely modeled after the National Register program having the same criteria for eligibility, nomination forms, and review process.
Not adding to the historic architectural qualities, historic associations, or archaeological values for which a property is significant because it:
Repairs that are necessary to protect the health and safety of the occupants, the general public and/or to maintain the habitability of the structure as determined by the City Department of Inspections.
A construction primarily artistic in nature or small in scale and simply constructed. An object is associated with its setting and can include statuary, monuments, mileposts, boundary markers, sculpture and fountains.
The act of repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear, damage and includes replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance.
Deterioration to the point that, in the opinion of the Department of Inspections office, the cost of correcting the outstanding violations of the property and implementing the standards set forth in § 163-1 et seq. of the City Code[4] exceeds 15% of the cost of replacing the entire improvement on which the violations occur.
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. 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. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
The act or process of depicting, by means of new construction, the form, features, and detailing of a nonsurviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those portions or features which convey its historical, cultural or architectural values.
Any work done on any improvement which:
The act or process of replicating a feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.
The act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself possesses historic, cultural or archaeological value regardless of the value of any existing structure.
The process of applying measures designed to reestablish a weather-resistant enclosure and structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
The elements in the view from a public right-of-way, including buildings, the roadway itself, curbs, sidewalks, fences, streetlights, signs and vegetation.
§ 130-70 Area and use regulations.
This historic preservation classification shall be in addition to the zoning classification heretofore made for the areas designated as historic landmarks, and the use and area limitations and regulations pertaining to said zoning classification shall apply.
§ 130-71 Historic Preservation Commission.
A.
Membership.
(1)
There is hereby established in and for the City of Salem an Historic Preservation Commission (HPC) of five members, which shall include at least one member of each of the following classes:
(a)
Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the City;
(b)
Class B: A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the City; and
(c)
Two alternate members who meet the requirements of Class C at a minimum. Class C: Persons who are citizens of the City, who hold no other City office, position or employment except for membership on the Planning Board.
(2)
Those regular members who are not designated Class A or B shall be designated Class C.
B.
The Mayor, with the advice and consent of Council, shall appoint all members of the Commission and shall designate at the time of such appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." The terms of the members first appointed under this section shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years, and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Vacancies should be filled with qualified members within 60 days. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board.
C.
The Historic Preservation Commission shall elect a chairman and a vice chairman from its members and select a secretary, who may or may not be a member of the Historic Preservation Commission or a municipal employee.
D.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
E.
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
F.
A member of a Historic Preservation Commission may, after public hearing if he requests it, be removed by the Council for cause. Prima facie cause for removal shall exist where a Commission member fails to attend at least 50% of the meetings of the Commission in a calendar year or fails to annually attend either a conference or training workshop on historic preservation issues.
G.
The Historic Preservation 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 City Attorney at the rate of compensation determined by the Council, unless the Council, by appropriation, provides for separate legal counsel for the Commission. Expenditures pursuant to the subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Council for the Commission's use.
H.
The Enforcement Officer, as designated by City Council, shall attend HPC meetings.
I.
The Historic Preservation Commission shall annually adopt and, in accordance with the Open Public Meetings Act,[1] publish a list of its regularly scheduled meetings for each new calendar year. Meetings of the Commission shall be scheduled not less than once each month and shall be held as scheduled unless canceled for lack of applications or other business to process; however, in no event shall there be less than four meetings of the Commission held each year. Special meetings shall be held upon the call of the Chairman, or upon the request of any two Commission members, which special meeting shall be held on notice to all Commission members and the public in accordance with the Open Public Meetings Act. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members present at the meeting, except as otherwise required by this chapter or applicable law. Minutes of all meetings shall be kept and shall include the names of persons appearing and addressing the Commission, the actions taken by the Commission, the findings, if any, made by it and reasons therefor. The minutes shall, after being approved by the Commission, thereafter be made available for public inspection during regular business hours at the Office of the City Clerk.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 130-72 Responsibilities.
The Historic Preservation Commission shall have the responsibility to:
A.
Prepare and update surveys of historic sites of the City in a manner compatible with the statewide historic sites inventory and statewide comprehensive historic preservation planning process utilizing State Historic Preservation Office survey forms.
B.
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
C.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
E.
Provide written reports pursuant to § 130-76.1 of this article on the application of the zoning ordinance provisions concerning historic preservation.
F.
Make recommendations to the Council regarding the expansion of existing historic districts and/or the designation of new landmarks.
G.
Carry out such other advisory, education and informational functions as will promote historic preservation in the City.
H.
Render a written annual report to the Council, with a copy of the same to be provided to the Planning Board. The report shall summarize the applications and reports in response thereto rendered by the Commission and/or its Chairman for the preceding calendar year and set forth any comments, recommendations, or changes recommended by the Commission in relation to the policy and/or procedures contained in this or otherwise in furtherance of historic preservation in the City. The report shall, to the extent available, follow the format of, and include the information required in, the annual report required to be submitted to the State Historic Preservation Office by Certified Local Governments. The report shall be delivered to the City Clerk on or before the first Monday in January of each year, and the information contained therein shall relate to the period from January 1 of the preceding calendar year to December 31 of the year in which the report is being rendered.
I.
Adopt and promulgate such rules of procedure not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties herein assigned.
§ 130-73 Establishment of the City Landmarks Inventory.
A.
There is established a City Landmarks Inventory, which consists of the landmarks, which can be buildings, structures, objects, sites or districts, identified in the Master Plan Historic Preservation Element and by subsequent survey by the HPC according to the provisions of § 130-72A and the historic significance criteria in § 130-75.
§ 130-74 Establishment of the City Register of Historic Landmarks.
B.
Designated landmarks are subject to the Historic Preservation Commission review authority according to § 130-76.1.
C.
Notwithstanding nonconforming uses, all permitted uses in the zone incorporating the designated landmark shall be limited to those uses identified in § 130- 46 of the City's Zoning Ordinance.[1]
D.
The regulations pursuant to this designation as contained herein shall all be in addition to those otherwise in force in the respective zoning district of which the landmarks are a part.
§ 130-75 Designation of Landmarks to the City Register of Historic Landmarks.
A.
Eligibility. Landmarks to be designated to the City Register of Historic Landmarks shall be either:
B.
Historic significance criteria. The identification of historic landmarks within the City shall be based on their historical, architectural, archaeological, and cultural significance in that they possess integrity of location, design, setting, materials, workmanship, feeling and association and:
(1)
Are associated with events that have made a significant contribution to the broad patterns of the history of the City of Salem; or
(2)
Are associated with the lives of historic persons significant in Salem's past; or
(3)
Embody distinctive characteristics of a type, period or method of construction or represent the work of a master or possess high artistic value or represent a significant and distinguishable entity whose components may lack individual distinction; or
(4)
Are able or likely to yield information important in prehistory or history; or
(5)
Are already listed on the New Jersey and/or National Registers of Historic Places.
(6)
Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for designation as a landmark. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
(a)
A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
(b)
A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with a historic person or event; or
(c)
A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his/her productive life; or
(d)
A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
(e)
A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived; or
(f)
A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or
(g)
A property achieving significance within the past 50 years if it is of exceptional importance.
C.
Delineation of historic district boundaries.
(1)
The following principles shall guide the delineation of historic districts:
(a)
If any part of a property is deemed historically significant, the entire property in common ownership at the time of designation shall be included within the boundary of the historic district.
(b)
Wherever possible, configure boundaries of historic districts to provide views of the major historic features of the district from the public way.
(c)
Consider buffer zones to encompass other adjacent land historically related to the setting of historic sites and buildings.
(2)
The following criteria shall be considered when delineating historic districts:
(a)
Relationship of the physical aspects of the property or district to the significance for which it was designated. Some questions to be asked are:
(b)
Visual qualities. These may include not only the view of the surroundings of the property or district but also the view from it.
(c)
Natural boundaries. These may include such features as rivers or other water bodies, changes in contour and distinctive changes in soil and/or vegetation.
(d)
Man-made boundaries, such as highways, walls and fences, tree lines and hedges.
(e)
Political divisions and property lines.
(f)
Differences in land use.
(g)
Lines of convenience.
(3)
For landmarks that are not districts, the entire tax parcel shall be included.
D.
Procedure for designation of landmarks.
(1)
Persons wishing to make a nomination shall contact the HPC Secretary regarding consideration of a proposed landmark designation. The HPC may also initiate the designation of a landmark. The HPC will schedule a hearing to review the proposed landmark designation.
(2)
A nomination to designate a landmark which is not a district shall include the following information which addresses the criteria for designation as set forth herein:
(3)
A nomination to designate an historic district shall include the following information which addresses the criteria for designation as set forth herein:
(a)
A building-by-building inventory of all properties within the district; and
(b)
A photographic print, black and white or color, of all properties within the district; and
(c)
A copy of the municipal Tax Map showing boundaries; and
(d)
A physical description of the proposed district; and
(e)
A statement of historic significance.
(4)
Following receipt of a nomination to designate a landmark, the HPC shall schedule a public hearing on the proposed designation.
(5)
At least 14 days prior to the public hearing, the HPC shall, by personal service or certified mail, perform the following:
(a)
Advise the owner(s) of record of the landmark's historic significance and the consequences of such designation, and of the rights of the owner(s) of record to contest such designation under the provision of this article;
(b)
Notify the owner(s) of record of the date, time, and location of the hearing concerning the proposed designation of the landmark; and
(c)
Serve any further notices as may be required under the provisions of the Municipal Land Use Law.
(6)
At least 14 days prior to the public hearing, the HPC shall also cause public notice of the hearing to be published in the official newspaper of the City.
(7)
At least 14 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the City.
(8)
At the public hearing scheduled in accordance with this article, the HPC shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(9)
If the proposed nomination is approved by the HPC, then the HPC shall forward a report concerning the proposed landmark to the City Council, which shall contain a statement of the HPC's recommendations and the reasons therefor. City Council action on designating a historic landmark shall then be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
(11)
Upon adoption of an ordinance by the City Council designating an historic landmark, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark is located. At that time, the designation list and map shall be incorporated into the Master Plan and Zoning Ordinance of the City as required by the Municipal Land Use Law and shall be delineated on the City Zoning Map. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning Board, as well as the offices of the Construction Official, the City Tax Assessor and the City Clerk.
(12)
Amendments to historic landmark designations may be made in the same manner as they were adopted in accordance with the provisions of this article.
§ 130-76 Referral of applications for development.
The Planning Board shall refer to the Historic Preservation Commission every application for development submitted to the Planning Board for development affecting landmarks designated on the Zoning or Official Map or identified in any component element of the Master Plan. This referral shall be made when the application for development 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. This Historic Preservation Commission may provide its advice, 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 which may have been submitted. An applicant before the Planning Board on an application for development may simultaneously therewith apply to the Planning Board for any HP permit which would be required for the project under consideration.
§ 130-76.1 Referral of applications for permits.
A.
No building, construction, demolition or other like permit shall be issued, nor shall any such work or activity be commenced, on any designated landmark unless and until an HP permit shall be issued by the Department of Inspections and Permits ("the Department"). It shall be the duty of all City officials reviewing all permit applications involving real property or improvements thereon to determine whether such applications involve any activity which should also be the subject of an application for an HP permit and, if it should, to inform, in writing, both the Secretary of the HPC and the applicant in a timely fashion. Activity affecting designated landmarks for which an HP permit from the Department shall be required shall include any alteration of exteriors of structures, such as but not limited to a change in the color of paint on exterior surfaces; change in exterior building materials on structures; removal of part of the structure or its exterior materials; addition to a structure; and erection or removal of fences, benches, sidewalks, signposts and light standards, as well as the erection, alteration, renovation or removal of structures which customarily require a building permit, which requirement of a building permit shall be in addition to the HP permit required by this section.
B.
An HP permit shall not be required:
(1)
When the proposed work is interior only; or
(2)
When the proposed work involves ordinary maintenance which does not change the color, texture or material of a structure.
(3)
When a historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others, emergency repairs shall be performed only in accordance with the following procedure:
(a)
When a historic landmark or 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, emergency repairs may be performed in accordance with the applicable construction codes immediately upon approval of the Zoning Officer, who shall certify that a bona fide emergency of the type described herein exists, without first obtaining an HP permit from the HPC. Under such circumstances, the repairs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or 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.
(b)
Simultaneously with the commencement of the emergency work, the property owner shall make a request for an HP permit from the HPC memorializing the approval of said emergency work. This request shall be made pursuant to the procedures set forth in this section.
(c)
It should be noted that the procedures outlined in this section should be strictly limited to those circumstances which, in the opinion of the Zoning Officer, 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 Officer and the HPC.
C.
When ordinary maintenance requires the removal of an architectural feature or material listed under minor application, Subsection E(1) below, the feature or material must be repaired or replaced within six months. Otherwise, an HP permit will be required.
D.
Application forms (including completeness checklists for various application types) and procedures for HP permits and other Commission responsibilities shall be promulgated by the Historic Preservation Commission and shall become effective upon submission to and written approval by the Planning Board. All forms and rules of procedure of the Commission shall be kept on file in the office of the City Clerk and shall be available to the public.
E.
Applications for HP permits shall be divided into two categories: minor applications and major applications, as follows:
(1)
"Minor application," for the purposes herein, shall be defined as the following activities affecting designated landmarks:
(a)
Exterior painting of structures.
(b)
Installation of storm windows, storm doors or screens.
(c)
Installation or replacement of window sash, exterior doors or shutters.
(d)
Replacement of missing architectural detail.
(e)
Installation of gutters or downspouts not affecting architectural detail.
(f)
Installation or replacement of sidewalks, fences and gates.
(g)
Installation of streetscaping.
(h)
Installation of signage.
(i)
Exterior lighting.
(j)
Installation of natural gas meters, propane tanks, electric meters or oil tanks.
(2)
"Major applications" are defined as all activities not defined as "minor" herein, including but not limited to the following activities:
(a)
Replacement of roofs.
(b)
Alteration, removal or demolition (in whole or in part) of any structure.
(c)
Alteration of architectural detail or elements.
(d)
Installation, replacement or removal of exterior siding.
(e)
Removal, installation or replacement of window or doorframes.
(f)
Construction of new structure or addition, including buildings proposed to be moved into an historic district.
(g)
Surface treatment of masonry buildings (stucco).
F.
HP permits involving minor applications will be issued by the Department upon written approval recommendation from the Chairman of the Historic Preservation Commission. HP permits involving major applications will be issued by the Department only upon written approval recommendation by the Commission. The Commission, in the case of major applications, or the Chairman of the Commission, in the case of minor applications, shall have 45 days from the date of the Department's referral to deliver a recommendation report on the application to the Department. For the purposes hereof the referral, shall be deemed as being made only after the application materials are reviewed by the Chairman or his designee and deemed to be complete in all respects. If within the forty-five-day period the Commission or the Chairman of the Commission, as the case may be, delivers its report to the Department and such report recommends against the issuance of the permit or recommends conditions to the permit to be issued, the Department shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without recommendations of conditions to the permit.
G.
The owner shall post the HP permit in a conspicuous location at the site of the approved work for the duration of the approved work.
H.
The applicant for an HP permit may appeal the decision of the Commission or Chairman of the Commission, as the case may be, to the Planning Board upon application filed therewith in accordance with N.J.S.A. 40:55-70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Planning Board. The appellant shall pay all costs for copies of any transcript(s) required for appeal.
[Amended 11-21-2006 by Ord. No. 06-27]
I.
If a construction permit is required for such work, the HP permit shall be valid for the life of the construction permit and any extensions thereof; otherwise, the HP permit shall be valid for a period of 18 months from the date of issuance. Unless otherwise specifically set forth therein, the work authorized by an HP permit must be initiated within six months from the date that the HP permit was granted. An HP permit shall be deemed invalid if the work ceases for a period of six months after commencement. Expiration of the permit will require an application for extension to the HPC.
J.
Requirement of obtaining HP permit 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 themselves. The City of Salem, when it plans an alteration, demolition, construction or change in appearance to any City-owned property on any designated landmark, shall submit such plans to the HPC and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
(2)
In those circumstances where the municipality cannot require compliance, as in certain cases involving the county, state and federal governments, the City most strongly urges the voluntary cooperation of such agencies in seeking an HP permit and hereby authorizes the HPC to consider such requests and applications. This does not relieve the property owner from complying with applicable state and federal regulations regarding historic preservation.
§ 130-76.2 Standards and design review criteria of application for HP permit.
A.
In reviewing any applications for an HP permit, the Commission, Commission Chairman or the Planning Board, as the case may be, shall consider and be guided by:
(2)
The purposes set forth in N.J.S.A 40:55D-2.
(3)
Any development plan, streetscape plan, park plans, architectural plans, sketches and renderings for individual buildings, photographs, drawings or like material relating to the City of Salem which is owned or possessed by the City or otherwise available from the Historic Society or other pertinent source.
(4)
The historic preservation plan element of the City of Salem Master Plan.
(5)
The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, as issued by the U.S. Department of Interior, National Park Service, in 1995 and revised from time to time.
B.
With respect to applications for HP permits relating to changes in exterior appearance, new construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation, replacement(s), signage or exterior lighting, excavation, ground disturbance, or any other improvement to designated landmarks, the following shall be considered:
(1)
The use of any building and/or structure involved.
(2)
The historical or architectural value and significance of the building and/or structure and its relationship to the historic value of the surrounding area.
(3)
The effectiveness of the proposal in adhering to the building and/or structure's original style or destroying or otherwise affecting the exterior texture, materials and architectural features.
(4)
The overall effect that proposed work would have upon the protection, enhancement, perpetuation and use of the property, adjoining properties and, if applicable, the historic district in which it is located.
(5)
The general compatibility of exterior design, arrangement and materials proposed to be used and any other factor, including aesthetic, which is found to be pertinent.
(6)
The practicality of performing the work with materials or workmanship of a type equivalent or similar to the historic or architectural era during which the structure, building or place was constructed.
C.
In assessing visual compatibility, the following factors (commonly known as "visual compatibility factors") shall be considered in reviewing applications for new construction, alterations, additions, or replacements:
(1)
Height. The height of the proposed building and/or structure should be visually compatible with adjacent buildings and/or structures.
(2)
Proportion of the building's front facade. The relationship of the width of the building and/or structure to the height of the front elevation should be visually compatible with buildings and/or structures and places to which it is visually related.
(3)
Proportion of window and door openings. The relation of the width of windows to the height of the doors in a building and/or structure should be visually compatible with the buildings and/or structures and places to which it is visually related.
(4)
Rhythm of filled spaces between buildings and/or structures. The relationship of filled spaces to open space between it and adjoining buildings and/or structures and places to which it is visually related.
(5)
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building and/or structure should be visually compatible with the buildings and/or structures and places to which it is visually related.
(6)
Rhythm of entrance and porch projections. The relationship of entrance and porch projections with buildings and/or structures to the street to which it is visually related.
(7)
Roof shape. The roof shape of a building and/or structure should be visually compatible with buildings and/or structure to which it is visually related.
(8)
Relationship of materials, texture and color. The relationship of materials, textures and color of the facade and roof of a building and/or structure should be visually compatible with the predominant materials used in the buildings and/or structures to which it is visually related.
(9)
Scale of buildings and/or structure. The size and mass of a building and/or structure in relationship to open spaces, the windows, door openings, porches and balconies should be visually compatible with the buildings and/or structures and places to which it is visually related.
(10)
Wall of continuity. Appurtenances of a building and/or structure, such as walls, open-type fencing, evergreen landscape masses, should form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building and/or structure and places to which it is visually related.
(11)
Directional expression of front elevation. A building and/or structure should be visually compatible with the buildings and/or structures to which it is visually related in its dimensional character, whether this is vertical character, horizontal character or nondirectional character.
(12)
Exterior features. A building and/or structure's related exterior features, such as lighting, fences, signs, sidewalks, driveways and parking areas, should be compatible with the features of those buildings and/or structures which it is visually related to and should be appropriate for the historic period for which the building and/or structure is significant.
(13)
It is not the intent of this article to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings or historical architectural interest or of a certain period architectural style but rather to preserve the integrity and authenticity of a historic preservation district and to ensure the compatibility of new structures therein.
D.
In addition to the visual compatibility factors listed in Subsection C above, the following standards for rehabilitation as promulgated by the U.S. Secretary of the Interior should be considered with respect to work proposals dealing with designated landmarks:
(1)
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall, whenever possible, be avoided.
(2)
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken, whenever possible, and be avoided.
(3)
Most properties change over time; those changes that have acquired historic significance in their own right shall, whenever possible, be retained and preserved.
(4)
Distinctive stylistic features, finishes and construction techniques or examples of craftsmanship which characterize a building, structure or site shall, whenever possible, be preserved.
(5)
Deteriorated historic features shall, whenever possible, be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall, whenever possible, be substantiated by documentary, physical or pictorial evidence.
(6)
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall, whenever possible, be avoided. The surface cleaning of buildings and/or structures, if appropriate, shall be undertaken using the gentlest means possible.
(7)
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(8)
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property, neighborhood and its environment.
(9)
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
E.
In addition to such of the foregoing as is applicable, the following factors shall be considered with respect to applications dealing with signage:
(1)
Appropriately designed signs enhance the building facade while contributing to the visual harmony of the overall street scene. They also play a crucial role in advertising and attracting business. On the other hand, poor signage detracts from even the most attractive storefront and diminishes the historic character of the building and its surroundings.
(2)
That size, placement and materials of signs may be regulated and contracted by other sections of this chapter, and any such regulation must be identified and complied with.
(3)
The size, shape, materials and placement of signs should complement the composition and design of the building and neighborhood buildings. Signs should not conceal important architectural detail, overpower or clutter the facade or otherwise detract from the historic character of the building.
(4)
In general, painted wooden signs with raised letters look best on nineteenth-century commercial buildings. Other suitable materials include metal or plywood, prepared and painted. Lettered signs painted on the window glass of the storefront also are recommended. Plastic signs and internally lighted glass signs are often not appropriate. However, signs can be illuminated from an indirect light source. Neon signs may be appropriate for certain buildings.
(5)
Signs can fit flush with the existing facade or project from the second-story level to a limit of 36 inches. Signs should also fit within the features of the facade. On most late-nineteenth- and twentieth-century commercial buildings, the lintel above the storefront and the configuration of the storefront itself create natural frames for the placement of signs. Projecting signs should be no larger than six square feet.
(6)
Later signs may have acquired significance in their own right, such as signs painted on walls and older neon signs. These signs should be retained when possible.
F.
The total or partial demolition of designated landmarks shall be discouraged, and a permit for demolition within said area shall be approved only in accordance with the following criteria:
(1)
The structure is a hazard to public safety and repairs are impractical.
(2)
The structure is not essential or even important to the integrity of the whole designated landmark and is not of great historic significance itself.
(3)
The value and harmony of neighboring structures and the district as a whole would benefit more from its removal than its retention.
§ 130-76.3 Enforcement.
A.
HP permit violations.
(1)
If any person or other legal entity shall undertake any activity upon a designated landmark that requires an HP permit without first having obtained an HP permit as detailed in § 130-76.1, such person or entity shall be deemed to be in violation of this article and, upon conviction thereof, be subject to the penalties imposed herein.
(2)
Upon learning of the violation, the Enforcement Officer, as designated by City Council, shall personally serve upon the owner of the tax parcel whereon the violation is occurring a notice which:
(3)
If the owner cannot be personally served within the City with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the City tax rolls.
(4)
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Enforcement Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this article.
(5)
In the event that an HP permit application is denied, the owner of the tax parcel shall be required to reverse the reviewable activity, restore the property to the previous condition and be subject to penalties as outlined herein from the date of initial service or posting on site, whichever is earlier.
(6)
A separate and distinct offense shall be deemed committed on each day during or on which violation occurs or continues.
(8)
At the discretion of the Municipal Court Judge, any person violating any of the provisions of this article may also be subject to imprisonment for up to 90 days.
B.
Ordinary maintenance failure.
(1)
Designated landmarks shall be maintained free of outstanding maintenance code violations in accordance with the standards and penalties of the City Property Maintenance Code, § 163-1.
(2)
In the event of preventative maintenance failure on a designated landmark, the Enforcement Officer shall serve personally or by certified mail, return receipt requested, a notice to the owner of the designated landmark listing the violations, the estimate cost for their abatement and the replacement cost of the structure. If the owner does not take all necessary remedial action within 90 days or such extensions as the Enforcement Officer grants, the City may, after such 90 days or any extensions thereof, enter upon the property and abate such violations itself and cause the cost to become a lien on the property.
C.
Demolition by neglect.
(1)
In the event the Department of Inspections makes a determination of demolition by neglect, the Enforcement Officer shall notify the property owner:
(a)
By certified mail, return receipt requested, to the last known address of the owner listing the violations, the estimated cost of their abatement and the replacement cost of the structure; or
(2)
If the owner does not submit an application to the HPC outlining a remediation plan within 90 days, the City may enter upon the property in order to assess the condition and submit an application to the HPC on behalf of the owner. Upon approval of the remediation plan by the HPC, the City may enter upon the property in order to implement the approved remediation plan. The City shall then certify the cost of such work, plus all administrative, professional, clerical and legal costs and overhead attributable to the work. The City Council, may, by resolution, vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and, if not paid then, bearing interest at the same rate and collectible in the same manner as delinquent taxes.
D.
Injunctive relief. In the event that any action which would permanently and adversely change a designated landmark, such as demolition or removal, is about to occur without an HP permit having been issued, the Enforcement Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any designated landmark.