Watchung City Zoning Code
ARTICLE 28
700 ZONING BOARD OF ADJUSTMENT, PLANNING BOARD AND VILLAGE CENTER HISTORIC PRESERVATION COMMISSION
28-701 ESTABLISHMENT OF THE ZONING BOARD OF ADJUSTMENT.
[Ord. No. OR:09/01 § 28-701]
A.
A Zoning Board of Adjustment is hereby created consisting of seven (7) regular members and two (2) alternate members in accordance with the requirements contained in N.J.S.A. 40:55D-69 et seq.
B.
The Zoning Board of Adjustment may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.
C.
The Zoning Board of Adjustment shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on zoning ordinance provisions which were the subject of variance requests and its recommendations for zoning ordinance amendment or revision, if any. The Zoning Board of Adjustment shall send copies of the report and resolution to the Borough Council and Planning Board.
28-702 POWERS AND JURISDICTION OF THE ZONING BOARD OF ADJUSTMENT.
[Ord. No. OR:09/01 § 28-702]
The Zoning Board of Adjustment shall have the powers granted by the MLUL [N.J.S.A. 40:55D-1 et seq.]. The Zoning Board of Adjustment shall in all cases follow the provisions applicable to it in said statute.
A.
Expiration of Variance. Any variance from the terms of this chapter hereafter granted by the Board of Adjustment, permitting the construction, alteration, conversion or enlargement of a building or structure, or use of land, shall expire by limitation unless such construction, alteration, conversion or enlargement or said building or structure, or use of land shall have been commenced within one (1) year from the date of approval. For the purposes of this section, the date of approval shall be the date on which a resolution is adopted by the Board of Adjustment memorializing its decision with respect to the variance application. The running of the time period herein shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.
B.
Extension of Variance. For good cause shown, and after a hearing before the Zoning Board of Adjustment on notice in the manner required for original variance applications, the Zoning Board of Adjustment may extend a variance previously granted by Zoning Board of Adjustment by resolution. An extension may not exceed one (1) year in duration and no more than four (4) such extensions shall be permitted. To receive consideration, an application for extension of a variance shall be made prior to the expiration of the time limit sought to be extended.
28-703 ESTABLISHMENT OF THE PLANNING BOARD.
[Ord. No. OR:09/01 § 28-703]
A.
A Planning Board is hereby created consisting of nine (9) regular and two (2) alternate members in accordance with the requirements contained in N.J.S.A. 40:55D-23 et seq.
B.
The Planning Board may employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary.
28-704 POWERS AND JURISDICTION OF THE PLANNING BOARD.
[Ord. No. OR:09/01 § 28-704]
The Planning Board shall have the powers granted to it by the MLUL (N.J.S.A. 40:55D-1 et seq.) in addition to other powers established by law.
28-705 PUBLIC HEARINGS AND NOTICING.
[Ord. No. OR:09/01 § 28-705]
A.
Public Hearings. The Planning Board and Zoning Board of Adjustment shall hold public hearings in accordance with the requirements of the MLUL (N.J.S.A. 40:55D-1 et seq.).
1.
Notice of a hearing requiring public notice shall be given by the applicant in accordance with the requirements of MLUL [N.J.S.A. 40:55D-1 et seq.]
2.
Upon the written request of an applicant, the Borough Tax Assessor shall, within seven (7) days, make and certify a list from current tax duplicates of names and addresses of owners within the Borough to whom the applicant is required to give notice.
B.
Notice. Noticing of hearings and decisions shall be in accordance with N.J.S.A. 40:55D-1 et seq. provided, however, that a hearing shall be held for all preliminary major site plans.
C.
Records and Decisions. Records of Board meetings shall be kept and Board decisions shall be made in accordance with the N.J.S.A. 40:55D-1 et seq.
28-706 ESTABLISHMENT OF THE VILLAGE CENTER HISTORIC PRESERVATION COMMISSION.
[Ord. No. OR:09/01 § 28-706; Ord. No. 2017-10]
A.
Purposes and Goals.
1.
The Borough Council finds that the historic heritage of the Borough is among the municipality's most valued and important educational, cultural and economic assets. Therefore, it is the purpose of the Borough Council to exercise the authority delegated to it by the MLUL in order to provide for the protection of the historic heritage within the Borough, provided that the provisions of this section shall not apply to one- or two- family residences.
2.
In accordance with the statutory definitions of "historic district" and "historic site," and pursuant to the authority of N.J.S.A. 40:55D-107, the Borough Council seeks to accomplish the following goals:
a.
To protect and improve the quality of the environment through the identification, recognition, conservation, maintenance and enhancement of historic districts, sites, buildings, structures and objects within the Borough and, particularly, to preserve and promote the Village Center Historical Overlay Zone as an essential element of municipal character and identity.
b.
To foster the appropriate use and wider public knowledge and appreciation of the historic districts, sites, buildings, structures and objects within the Borough, with the intent of fostering civic pride.
c.
To resist and restrain environmental influences and physical development which would have an adverse impact upon the preservation of the Village Center Historical Overlay Zone, thereby promoting the natural features of the area and the environment.
d.
To encourage commercial and residential development which does not adversely affect the integrity of the Village Center Historical Overlay Zone, and to rejuvenate and sustain the businesses presently located within the Village Center Historical Overlay Zone.
e.
To encourage private and public efforts in support of these stated purposes and goals in order to promote the public welfare, strengthen the cultural, social, economic and educational life and architectural history of the Borough, thereby making the Borough a more attractive and desirable place in which to live and work.
f.
To convey to present and future generations a broader understanding of, and a deeper appreciation for, human values, ideals and accomplishments and the rich heritage of the Borough.
g.
To rekindle and maintain the physical and visual identity of the Borough within its region.
h.
To promote good quality of design and an attractive appearance of the properties both within and outside of the Village Center Historical Overlay Zone, thereby increasing property values and ratables.
i.
To encourage the most appropriate use and development of the properties within the Village Center Historical Overlay Zone and upon adjacent properties.
j.
To control new exterior construction and restore and preserve certain traditionally significant structures in order to enhance the streetscape and maintain its character.
k.
To provide for the efficient and safe movement of pedestrians and vehicular traffic within and through the Village Center Historical Overlay Zone.
l.
To assist all public bodies in fostering the public understanding of the significance of the historic resources of the Borough and the available methods of preservation.
m.
To cooperate with local, County, State and national historical societies, governmental bodies and organizations in order to maximize their contributions to the preservation of the historic resources within the Borough.
B.
Establishment and Membership. A citizens advisory commission to be known as the Village Center Historic Preservation Commission (hereinafter referred to as the "Commission"), is established for the purpose of assisting the Planning Board in its duties hereunder, and other Boards and officials, but without power to take official action as otherwise required of the Planning Board or of the other Boards and officials, as applicable. The Commission shall consist of five (5) regular members and one (1) alternate member comprised of classes of members in accordance with N.J.S.A. 40:55D-107.
C.
Responsibilities.
1.
Recommend from time to time, as circumstances warrant and in consultation with the Watchung Historic Committee, appropriate historic districts and/or historic sites for designation based on the criteria set forth in § 28-706F of this chapter.
2.
Report to the Mayor and Council, at least annually, regarding the state of historic preservation in the Borough and any recommendations to further the purposes and goals of these chapter provisions.
3.
Advise and counsel the various municipal agencies and boards of the Borough regarding long-range goals and techniques of historic preservation and suggest long-range planning and the utilization of public funds.
4.
Advise and assist the municipal officials of the Borough and its staff members and professional consultants, on matters which may have potential impact upon the designated historic buildings, places and structures, and do all things necessary and appropriate which will promote historic preservation in the Borough.
5.
Make recommendations to the Planning Board regarding the Historic Preservation Plan Element of the Watchung Borough Master Plan and regarding the implications for historic preservation pertaining to any other Master Plan Element.
6.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
7.
Advise the Planning Board and the Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110. Specifically, an informal copy of every application submitted to either Board for development in the "Village Center Historical Overlay Zone" or on other properties designated as "Historic Districts" and/or "Historic Sites" in this chapter shall be referred to the Commission for its review and recommendation consistent with the purposes of these chapter provisions. The advice provided by the Commission may be either in written form or by testimony at the hearing or proceeding before the Board. However, the failure of the applicable Board to make such informational copy available to the Commission and/or for the Commission to provide advice regarding the application for development shall not invalidate any hearing or proceeding.
8.
Review and make recommendations to the Planning Board pursuant to N.J.S.A. 40:55D-111 with respect to any application for a building permit for construction, modification or alteration of a structure within the "Village Center Historical Overlay Zone," as reflected on the Zoning Map of the Borough of Watchung or to other properties designated as historic districts and/or historic sites in this chapter prior to the issuance of any building permit by the Construction Official and, in general, review all plans for construction, alteration, repair and moving of structures within the "Village Center Historical Overlay Zone" or with respect to other properties designated as historic districts and/or historic sites in this chapter, all in accordance with the procedures specified in this chapter.
D.
Appropriations and Staff. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. It shall obtain its legal counsel from the Borough Attorney.
E.
The "Village Center Historical Overlay Zone." The boundaries of the "Village Center Historical Overlay Zone" are as indicated on the Zoning Map.
F.
Additional "Historic Districts" and "Historic Sites." In addition to the "Village Center Historical Overlay Zone," other historic districts and/or historic sites may be designated if quality of architecture, archeology, culture or significance in the history of the Borough is present, and if the district or site possesses integrity of location, design, setting, materials, workmanship, feeling or association. Among the specific criteria to be considered by the Commission in recommending designation of a district or site:
1.
Association with events that have made a significant contribution to the broad patterns of local, State and/or national history.
2.
Association with lives of persons significant in our past.
3.
Embodiment of a distinctive characteristic of a type, period, or method of construction or representation of the work of a master, or possession of high artistic values, or representation of a significant and distinguishable entity whose components may lack individual distinction.
4.
Districts, sites, buildings, structures and objects that have yielded, or may be likely to yield, information important in prehistory or history.
5.
Properties that have achieved significance within the past fifty (50) years shall not be considered eligible for designation.
G.
Review Procedures for Permit Applications.
1.
All applications for issuance of permits pertaining to development within the "Village Center Historical Overlay Zone," or on other properties designated as historic districts and/or historic sites in this chapter, other than with respect to one- or two- family residences, shall be referred to the Commission for a written report on the application of the zoning ordinance provisions concerning historic preservation to any of those aspects of the change proposed, provided such aspects were not determined by approval of an application for development by either the Planning Board or the Zoning Board of Adjustment under the MLUL. The Commission shall submit its report to the Planning Board, or to the Zoning Board of Adjustment if the application is within their jurisdiction.
2.
The Board having jurisdiction shall report to the Construction Code Official within forty-five (45) days of the original referral to the Commission. If within the forty-five (45) day period the Board, upon recommendation of the Commission, recommends against the issuance of the requested permit, or that the permit be issued with conditions, then the Construction Code Official shall deny the permit or issue it with conditions, as the case may be. Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of the issuance of the permit without conditions.
3.
It is specifically intended that any commercial or nonresidential sign proposed for any property within the "Village Center Historical Overlay Zone," or any other properties designated as historic districts and/or historic sites in this chapter shall conform with the sign requirements of the Revised General Ordinances of the Borough of Watchung and to § 28-706H, with the review and approval being conducted by the Zoning Officer.
[Ord. No. 2017-10]
H.
Standards of Review. In its review of any application for development or any application for a permit, the Commission shall consider the following:
1.
The impact of the proposal upon the historical and architectural significance of the subject property;
2.
The importance to the Borough and the extent to which the municipality's historic or architectural interest in the subject property would be adversely affected to the detriment of the public interest;
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; and
4.
If within the "Village Center Historical Overlay Zone," the impact of any proposed structure upon the character or ambience of the "Village Center Historical Overlay Zone" and the structure's visual compatibility with the buildings, places or structures to which it would be visually related, such as architectural style, height, proportion of the building's front facade, proportion of openings such as windows and doors, rhythm of solids to voids on facades, rhythm of spacing of buildings on streets, rhythm of entrance and/or porch projections to the street, relationships of material, textures and colors, roof shape, scale of building, directional expression of front elevation, and exterior features such as lighting, fences, signs, sidewalks and driveways.
I.
Demolitions. In regard to an application to demolish or remove any structure or building or object either from within the "Village Center Historical Overlay Zone" or on other properties designated as historic districts and/or historic sites in this chapter, the following matters shall be considered:
1.
Its historic, architectural, cultural or scenic significance in relation to the criteria established by these chapter provisions.
2.
If within the "Village Center Historical Overlay Zone," its significance therein as a key contributing or noncontributing resource and the probable impact of its removal on the "Village Center Historical Overlay Zone."
3.
Its potential for use for those purposes currently permitted by this chapter.
4.
Its structural condition and the economic feasibility of the alternatives proposed.
5.
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.
6.
If moving of the structure, building or object is involved, the historic loss to the site of original location and the Borough as a whole with consideration of the following: