Woodstown City Zoning Code
ARTICLE X
Historic Preservation
§ 67-46 Recognition of historical significance.
The Borough Master Plan recognizes that Woodstown retains a substantial inventory of architecturally and historically significant structures and districts which are an essential element of its municipal character and identity and an important factor in the property values and economy of the community.
§ 67-47 Designation of Historic District.
[Amended 11-23-1993 by Ord. No. 467; 7-9-2019 by Ord. No. 2019-6]
A.
The Historic District is hereby designated as set forth in § 67-38 of the Code of the Borough of Woodstown.
B.
The Borough may from time to time amend the Historic District location. Recommendations for such amendments may be made to the Borough Council by the Planning Board and Historic Preservation Commission.
§ 67-48 Historic Preservation Commission.
[Added 6-26-1989 by Ord. No. 413]
A.
There is hereby established the Historic Preservation Commission.
B.
The Historic Preservation Commission shall consist of five members appointed by the Mayor. Residents of Historic Preservation Districts shall be considered along with others for appointment. Commission members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of official business. The Commission shall include at least one member from each of the following classes:
(1)
Class A: person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(2)
Class B: person who is knowledgeable of or with a demonstrated interest in local history and who may reside outside the municipality.
(3)
Class C: three citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment [1]
[1]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board of Adjustment was eliminated and is functions combined with that of the Planning Board.
C.
Alternate members of the Commission shall meet the qualifications of Class C members.
D.
The Mayor shall appoint all members of the Commission and shall designate, at the time of 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 Part 3 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, 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 the expiration of term shall be filled for the unexpired term only. 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, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.[2]
[2]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board of Adjustment was eliminated and is functions combined with that of the Planning Board.
E.
The Historic Preservation Commission shall elect a Chairman and 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. The Secretary shall keep minutes and records of all meetings and proceedings, including voting and attendance records, resolutions, findings, determinations and decisions.
F.
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 which alternate member is to vote, Alternate No. 1 shall vote.
G.
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. A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.
H.
The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.
I.
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 Municipal Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
J.
A quorum needed to conduct business shall be four members of the Commission, including alternates.
[Added 6-26-1989 by Ord. No. 413[3]]
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsections J through L to L through N.
K.
The Commission shall comply with the Open Public Meetings Act.[4]
[Added 6-26-1989 by Ord. No. 413[5]]
[4]
Editor's Note: See N.J.S.A. 10:4.6 et seq..
[5]
Editor's Note: This ordinance also provided for the renumbering of former Subsections J through L to L through N.
L.
The Historic Preservation Commission shall have the responsibility to:
(1)
Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report.
(2)
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.
(3)
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
(4)
Advise the Planning Board and Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110.
(5)
Provide written reports to the Zoning Officer and to the Planning Board as required by N.J.S.A. 40:55D-111 and by this Part 3 on the application of the Zoning Ordinance provisions concerning historic preservation.
(6)
Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.
(7)
Recommend amendments to the Historic District boundaries shown on the Historic Preservation Area Map.
(8)
Recommend historic site designation for appropriate structures outside the Historic Districts.
(9)
Prepare an annual report for the Planning Board and the governing body on the status of the historic program in the municipality and recommend measures to improve the same.
(10)
Compile and disseminate information on the importance of historic preservation, the significance of specific sites within the community and on appropriate preservation techniques and methods.
(11)
With the help of Historic District residents, pursue nomination of the District to the State and National Registers of Historic Places.
(12)
If exterior changes have despoiled the architectural integrity of structures within the District, encourage restoration.
(13)
Adopt and promulgate such regulations and procedures not inconsistent with this Part 3 as are necessary and proper for the effective and efficient performance of the duties herein assigned.
M.
The Planning Board and Board of Adjustment[6] shall make available to the Historic Preservation Commission an informational copy of every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or in any component element of the Master Plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The 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.
[6]
Editor's Note: Pursuant to Ordinance No. 551, the Zoning Board of Adjustment was eliminated and is functions combined with that of the Planning Board.
N.
All applications for issuance of permits pertaining to historic sites or property in Historic Districts shall be referred to the Historic Preservation 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, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law.[7] The Historic Preservation Commission shall submit its report to the Zoning Office/Construction Code Official who would issue the permit for which application has been made, not to the administrative officer. This report shall be made within 45 days of the referral of the application to the Historic Preservation Commission. If, within the forty-five-day period, the Historic Preservation Commission recommends to the officer who would issue the permit and to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the municipal officer and the administrative officer 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 the issuance of the permit and without the recommendation of conditions to the permit.
[Amended 6-26-1989 by Ord. No. 413]
[7]
Editor's Note: See 40:55D-1 et seq.
O.
For those structures or buildings that lie within the boundaries of the Historic District, an approved application is required for any structural or nonstructural exterior alterations to the front or sides of the building. A permit from the appropriate borough official will also be required.
[Added 6-26-1989 by Ord. No. 413]
P.
A committee composed of the Chairman and one other Commission member may determine that an alteration is minor and that an application need not be presented to the Commission. At the next regular meeting of the Commission, the action of the committee will be reported. A "minor alteration" is defined as any alteration which will not significantly alter the character of the structure.
[Added 6-26-1989 by Ord. No. 413]
Q.
An approved application from the Commission is not necessary if alterations are not involved in cases of painting exterior surfaces which are neither brick nor stone, normal maintenance or exact replacement.
[Added 6-26-1989 by Ord. No. 413; amended 7-9-2019 by Ord. No. 2019-6]
R.
Emergency repairs may be made as needed. However, that part of the structure which was repaired must be returned to its prior state within a time period agreed upon by the property owner and Commission.
§ 67-49 General regulations.
[Amended 8-10-1987 by Ord. No. 384; 6-26-1989 by Ord. No. 413]
The regulations set forth herein are intended to apply to the external changes, construction or modification made only to the front and sides of the structure. Structures and buildings in the Historic District shall not be erected, constructed, reconstructed, altered, converted or installed without consideration of the following design criteria and guidelines:
A.
Any work shall be in accordance with both the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and the Preservation Briefs. Both of these documents are issued by the United States Department of the Interior.
B.
Any proposed change to an historic site or with an Historic District shall be visually compatible with the structures and places in which it is visually related with regard to:
(1)
The height of the structure.
(2)
The rhythm of solids to voids on the front facade of the structure.
(3)
The relationship of width to height of window openings in the structure.
(4)
The relationship of entrance and porch projections to the street.
(5)
The relationship of materials, texture and color of the facade and roof of the structure.
(6)
The roof shape of the structure.
(7)
The size and mass of the structure and its relationship to open areas.
(8)
The vertical, horizontal and directional character of the structure.[1]
[1]
Editor's Note: Subsection B(9), which dealt with the continuity or cohesiveness of walls, fencing, sidewalks, landscaping and streetscaping, and which immediately followed this subsection, was repealed 6-26-1989 by Ord. No. 413.
C.
Nothing herein shall be construed to permit the regulation of painting exterior surfaces which are neither brick nor stone, paint colors or landscaping of properties within the Historic District.
[Amended 7-9-2019 by Ord. No. 2019-6]
D.
If the exterior of a structure in the Historic District was altered or changed from the original before January 1, 1988, nothing herein shall be interpreted as requiring restoration.
E.
Demolition or removal. When reviewing an application for a permit to demolish or move a building in the Historic District, the Commission shall consider the following matters:
(1)
Its historic, architectural and social significance.
(2)
Its potential use for those purposes currently permitted by the Zoning Ordinance.[2] The applicant must prove that alternate development compatible with historic use is not economically viable and shall have made a bona fide effort to rent and sell the property at a reasonable rent and price for use without demolition.
[2]
Editor's Note: See Ch. 67, Land Development, Part 3, Zoning.
(3)
Its importance to the municipality and the extent to which its historical or architectural value is such that its demolition or removal would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or uncommon design, craftmanship or texture or material that it could not be reproduced or could be reproduced only with great difficulty.
F.
Penalties for violation of any provision of this chapter are listed in Part 6, Article XXIII, of the Land Development Ordinance of the Borough of Woodstown.
