Preservation Overlay Ordinance
Historic Preservation Overlay Zone
[Added 12-15-1986 by Ord. No. 46-86]
§ 217-130. Statutory authority.
The Legislature of the State of New Jersey has in N.J.S.A. 40:55D-107 et seq., as amended, delegated to the governing bodies of municipalities the authority to adopt regulations designed to promote the protection of certain architecturally, historically and archaeologically significant structures, sites or districts for the general welfare of their citizenry and to establish an Historic Reservation Commission.
§ 217-131. Purpose and objectives.
Washington Township recognizes that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to ensure that new development is compatible and relevant with these areas, places and structures. This section will achieve these purposes and objectives, will promote the preservation of the environment, will promote a desirable visual environment through creative development techniques and good civic design and arrangements, will prevent the degradation of the environment through improper use of land, and will promote the most appropriate use of land in the Township.
§ 217-132. Definitions.
As used in this section, the following words and phrases shall have the following meanings. Unless specifically defined herein, words or phrases used in this section shall be interpreted in accordance with common usage and so as to give this section its most reasonable application.
ADDITION — The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any designated landmark.
ALTERATION — Any work done on any improvement which:
A. Is not an addition to the improvement.
B. Changes the appearance of the exterior surface of any improvement, excluding paint. [Amended 9-17-1990 by Ord. No. 30-90]
CERTIFICATE OF APPROPRIATENESS — A document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed development actions by an applicant are found to be acceptable in terms of design criteria relating to the individual site, structure or building or the historic district as a whole.
EMOLITION — The razing of any improvement or the obliteration of any natural feature of a designated landmark.
HISTORIC DISTRICT — One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE — Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
IMPROVEMENT — Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 60 continuous days.
LANDMARK DESIGNATION — The official recognition of any site, building, structure or area that has been documented to have or contain architecturally, historically or archaeologically significant features or elements and that adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
OFFICIAL NEWSPAPER — The official newspaper of the Township of Washington.
REPAIR — Any work done on any improvement which:
A. Is not an addition to the improvement.
B. Does not change the appearance of the exterior surface of any improvement.
REPLACEMENT — Repairs, when a building permit is required for the same.
STRUCTURE — A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
§ 217-133. Historic Preservation Commission.
A. Establishment of an Historic Preservation Commission.
There is hereby created and established an Historic Preservation Commission of the Township of Washington to serve as a direct link between the process of approving new development, renovations and alterations and the process of preserving historic districts, sites and landmarks of the Township of Washington.
B. Composition of the Historic Preservation Commission.
The Historic Preservation Commission shall consist of seven regular members, with two alternates. Alternate members shall meet the qualifications of Class C members, as defined below. Of the seven regular Commission members:
(1) Three shall be either Class A or Class B members, as follows:
(a) Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(b) Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(2) Four shall be Class C members, who shall be 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.
(3) To the extent available from within the Township of Washington, the Mayor shall appoint, with regard to Class A or Class B members, professional individuals from the discipline of architecture, history, architectural history, prehistoric archaeology, and historic archaeology who meet the requirements as set forth in the 1980 amendments of the National Historic Preservation Act. Should such individuals not be available from within the municipality, the Mayor shall have the authority to appoint such individuals who reside outside of the Township.
(4) At the time of appointment, the regular members shall be designated by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
C. Terms of members. The terms of the members first appointed shall expire as follows:
(1) Two Class A and Class B members shall serve initial terms of four years.
(2) One Class A or Class B member shall serve an initial term of three years.
(3) One Class C member shall serve an initial term of three years, two Class C members shall serve an initial term of two years, and one Class C member shall serve an initial term of one year.
(4) One alternate member shall serve an initial term of two years, and one alternate member shall serve an initial term of one year.
(5) Upon expiration of the initial term of office, regular members thereafter appointed shall serve for four-year terms, except that Municipal Planning Board or Zoning Board of Adjustment members shall serve during their incumbency in such municipal office. Upon expiration of the initial term of office, alternate members thereafter appointed shall serve for two-year terms, except that Municipal Planning Board and Zoning Board of Adjustment members shall serve during their incumbency in office.
(6) Vacancies occurring otherwise than by expiration of term shall be filled for the unexpired term only. Such vacancies shall be filled by appointment of the Mayor within 60 days.
D. Organization of the Historic Preservation Commission.
(1) The Historic Preservation Commission shall elect from its membership a Chairman and a Vice Chairman and shall select a Secretary, who may or may not be a member of the Historic Preservation Commission or a municipal employee.
(2) Establishment of rules and regulations. The Historic Preservation Commission shall create rules and procedures for the transaction of its business, subject to the following regulations:
(a) A quorum for the transaction of business shall consist of four or more members, including the Chairman or, in his absence, the Vice Chairman, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
(b) The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record.
(c) The Historic Preservation Commission shall prepare and adopt rules of procedure, which will be made available to the public and which shall include a specific section prohibiting any member from acting on any matter in which he has, either directly or indirectly, any personal or financial interest.
(d) The members of the Historic Preservation Commission shall serve without compensation.
(3) Retention of professional assistance. Within the limits of funds that have been appropriated by the Township Committee for the performance of its work, exclusive of grants or gifts, the Historic Preservation Commission may employ, contract for and fix the compensation of qualified professionals to direct, advise and assist the Historic Preservation Commission. The Commission may obtain the equipment, supplies and other materials necessary to its effective operation. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Committee. Further, the Commission is responsible for ensuring that when a specific discipline is not represented on the Commission, and the Commission considers an action which is normally evaluated by a professional in that discipline, it shall obtain professional advice and assistance before rendering a decision.
(4) Powers and duties. The Historic Preservation Commission shall have the following powers and duties:
(a) Within 12 months of its organization, the Historic Preservation Commission shall complete a survey of historic sites and shall prepare and adopt a landmark designation list and official map of historic sites and landmarks, which shall then be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the Committee of the Township of Washington for inclusion in the Zoning Map as an Historic Preservation Overlay Zone.
(b) To hear and decide applications for certificates of appropriateness for historic sites, landmarks or historic districts or designated in § 217-133D(4)(a).
(c) To amend from time to time and as circumstances warrant, the landmark designation list and historic preservation map.
(d) To report at least annually to the Planning Board and the Committee of the Township of Washington on the state of historic preservation in the Township and to recommend measures to improve the same.
(e) To collect and disseminate material on the importance of historic preservation and specific techniques for achieving the same.
(f) To advise all municipal agencies regarding goals and techniques of historic preservation.
(g) To adopt and promulgate such regulations and procedures not inconsistent herewith as are necessary and proper for the effective and efficient performance of the duties herein assigned.
(h) To review all proposed National Register nominations for properties that come within the jurisdiction of the Commission, as established by the criteria of the 1980 amendments of the National Historic Preservation Act of 1966.
(a) The Historic Preservation Commission shall meet on a regular basis, at a minimum of four times a year. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
(b) In the event that there arises a need for an emergency meeting of the Historic Preservation Commission, the Commission Chairman shall convene a meeting of the Commission after having given due and appropriate notice in accordance with the State Open Public Meetings Act. The Commission Chairman shall instruct the Secretary to personally or telephonically contact the Commission members to inform them of the time, date, location and purpose of the emergency meeting. Emergency meetings shall be convened under such circumstances as may warrant the immediate action of the Commission. By way of example, an emergency meeting would be in order where there is pending a demolition permit on a designated historic site.
§ 217-134. Designation of historic districts, sites and landmarks.
A. Preparation of a survey.
The Historic Preservation Commission shall make a comprehensive survey of the Township of Washington for the purpose of identifying historic districts, sites and landmarks which are worthy of protection and preservation. Such survey shall be based upon an identification process approved by the Historic Preservation Office, Department of Environmental Protection, and shall be the basis for inclusion of an Historic Preservation Overlay Zone in the Zoning Map of the Township. [Amended 3-20-1995 by Ord. No. 10-95]
B. Documentation and notification.
Based on the survey and recommendations of concerned citizens, the Historic Preservation Commission shall document the importance and historical significance to the municipality, state and nation of each proposed historic site and landmark in terms of the purpose and criteria set forth in this section. Thereafter, the Historic Preservation Commission shall, by certified mail:
(1) Notify each owner that his property has been tentatively designated a historic landmark.
(2) Advise each owner of the significance and consequences of such designation and advise him of his opportunities and rights to challenge or contest such designation.
(3) Invite each owner to consent voluntarily to final designation without the need for public hearing or other protection.
C. Public hearings.
(1) The Historic Preservation Commission shall, as soon as practicable, make public a complete list and map of the proposed historic districts, sites and landmarks, specifying the locations, boundaries and popular names thereof. In designating any landmark or historic district, the Historic Preservation Commission may determine and specifically designate certain buildings or structures as not contributing to the historic district.
(2) The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list and map showing all proposed historic districts and landmarks shall be published, together with a notice of the hearing on the same, in the official newspaper not less than 10 days prior to such hearing.
D. Final decision by Commission.
After full consideration of the evidence brought forth at the public hearing, the Historic Preservation Commission shall make its final decisions regarding the proposed designations and shall issue its final report to the public, stating reasons in support of its actions with respect to each site, landmark and historic district designation.
E. Submission of list to Township Clerk and Planning Board.
The final list and map of sites, landmarks and historic districts shall be submitted thereafter to the Secretary of the Township Planning Board and to the Clerk of the Township of Washington. Prior to the adoption of an ordinance including these designated sites, landmarks and districts as the Historic Preservation Overlay Zone, the Township Committee shall refer the same to the Planning Board for recommendations. The Committee shall then determine whether to adopt the designation list and map by ordinance as said overlay zone.
F. Distribution of designation list and map.
Copies of the Landmarks Designation List and Historic Preservation Map, as adopted, shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed with the County Clerk for recordation. [Amended 3-20-1995 by Ord. No. 10-95]
G. Placement of plaques.
Each designated historic district, site and landmark may be marked by an appropriate plaque in such form as the Historic Preservation Commission shall promulgate by regulation.
§ 217-135. Criteria for designation of historic districts, sites and landmarks.
A. In considering an individual site, building or structure or a district for designation as historically, architecturally or archaeologically significant, the Historic Preservation Commission shall give consideration to the following criteria:
(1) That it is associated with events that have made a significant contribution to the broad patterns of our history;
(2) That it is associated with the lives of persons significant in our past;
(3) That it embodies the distinctive characteristics of a type, period or method of construction, or that it represents the work of a master, or that it possesses high artistic values or that it represents a significant and distinguishable entity whose components may lack individual distinction; or
(4) That it has yielded or may be likely to yield information important in prehistory or history.
B. 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 the National Register. However, such properties will qualify for designation hereunder if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
(1) A religious property deriving primary significance from architectural or artistic distinction or historical importance;
(2) 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 an historic person or event;
(3) A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life;
(4) 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;
(5) 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;
(6) A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or
(7) A property achieving significance within the past 50 years if it is of exceptional importance.
§ 217-136. Certificate of appropriateness.
A. Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for any of the following or, in the event that no other type of permit is required, before any work can commence on any of the following activities involving any site or landmark or within any historic district:
(1) Demolition of an historic site or landmark or of any improvement within any historic district.
(2) Relocation of any historic site or landmark or of any improvement within any historic district.
(3) Change in the exterior appearance of any existing historic site or landmark, excluding paint, or of any improvement within any district by addition, alteration or replacement. [Amended 9-17-1990 by Ord. No. 30-90]
(4) Any new construction of a principal or accessory structure on any historic site or in any historic district.
(5) Changes in or addition of new signs or exterior lighting, except that no certificate of appropriateness shall be required for one unlit sign per premises if the surface area of such sign does not exceed two square feet.
B. Exceptions. [Amended 9-17-1990 by Ord. No. 30-90]
(1) A certificate of appropriateness shall not be required for any painting, repair or exact replacement of any existing improvement. In the event that the exterior surface material of the improvement shall be changed as a result of repair or exact replacement, a certificate of appropriateness shall not be required if the new exterior surface is one that has been previously approved by regulations duly promulgated by the Historic Preservation Commission for similar improvement in that area or as to that particular historic landmark. In the event that the repair or exact replacement does not conform to said regulations, a certificate of appropriateness shall be required.
(2) In terms of an exact replacement of finishes, materials or architectural elements, it is understood that the Historic Preservation Commission would prefer an applicant to maintain, stabilize and repair the original or existing finishes, materials or architectural elements before considering the replacement of the same. However, should the original or existing finishes, materials or architectural elements be of such a deteriorated condition as to require replacement, the new finishes, materials or architectural elements should be designed and installed to replicate the material, size, contour, configuration and design of that which is being replaced.
§ 217-137. Applications for certificates of appropriateness.
A. Application procedure.
Application for a certificate of appropriateness shall be made on forms available from either the Township Clerk or the Secretary of the Historic Preservation Commission. Completed applications shall be delivered to the Secretary of the Historic Preservation Commission at the Washington Township Municipal Building, 43 Schooley's Mountain Road, Long Valley, New Jersey.
B. Application information and supporting documents.
Applications or a certificate of appropriateness shall be filed in compliance with the following requirements:
(1) The applicant shall file eight copies of the application and eight copies of the plot plans, maps and other such appropriate documents as required by the Historic Preservation Commission. In the case of applications being made directly to the Commission through referral by another Township board or official, the applicant shall have the responsibility of providing an advisory copy of the full application to the Township Planning Board, Township Board of Adjustment, Township Health Department and Township Construction Code Official. The filing of this advisory copy to the above-noted Boards shall be made by the applicant within three days of having filed the formal application with the Historic Preservation Commission.
(2) The application shall include:
(a) An overall site plan layout, at a minimum scale of one inch equals 20 feet, showing the location of all adjacent properties.
(b) Sufficient color photographs of all adjacent properties and buildings within a minimum of 60 feet of the landmark property lines. Each photograph shall be properly identified and referenced on the site plan.
(c) Elevation drawings may be optional at the Commission's requests. All building elevations required shall be at a minimum scale of 1/8 inch equals one foot.
C. Hearing procedure.
(1) The applicant shall notify all property owners within 200 feet of the lot line of the landmark property in question, by certified mail with a return receipt requested, of the hearing on the application, including a statement as to the work or activity involved, not less than 10 days before it is to be heard. A list of such property owners may be obtained from the Township Assessor.
(2) The applicant shall present a certification of service of such notice at the hearing on the application.
(3) The applicant shall publish notice of the hearing and present proof of publication in the official newspaper not less than 10 days before it is to be heard.
D. Time frame of decision by Commission.
(1) The Historic Preservation Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise the applicant shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Historic Preservation Commission. The Historic Preservation Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action and may grant approval upon such conditions as it deems appropriate within the intent and purpose of this section.
(2) If an application is approved, the Historic Preservation Commission shall forthwith issue a certificate of appropriateness. If the Historic Preservation Commission disapproves an application, the Historic Preservation Commission shall state its reasons, in writing, in resolution form within 10 days of such a decision. In case of disapproval, the Historic Preservation Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefor, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Commission's action shall be published in the official newspaper within 10 days of such action.
E. Appeal to Commission of Hardship.
In the event that the applicant alleges that compliance with the requirements of this section would be an unreasonable hardship and that the nature of his application is such that the change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved; the Historic Preservation Commission, by a two-thirds affirmative vote of its fully authorized membership, may grant such relief from the requirements of this section as it deems consistent with the public good and the purposes of this section.
F. Request for certificate of appropriateness for alteration creating negligible impact.
An applicant may allege that a certificate of appropriateness should be granted without his fulfilling all of the application requirements set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access and, therefore, said addition or alteration cannot adversely affect the public interest and cannot affect an architecturally significant elevation. In that event, the Historic Preservation Commission, by a majority vote of its full authorized membership, upon a finding that the applicant's claim is accurate, may forthwith grant a certificate of appropriateness on that basis.
§ 217-138. Standards of consideration.
In making its determinations and recommendations, the Historic Preservation Commission shall take into consideration specific standards as set forth below.
With regard to an application to demolish an historic site, landmark or any improvement within any historic district, the following matters shall be considered:
(1) Its historic, architectural, archaeological and aesthetic significance.
(2) Its use.
(3) Its importance to the municipality and the extent to which its historical, architectural or archaeological value is such that its removal would be detrimental to the public interest.
(4) 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.
(5) The extent to which its retention would promote the general welfare by maintaining and increasing real estate value, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
(6) If it is within an historic district, the probable impact of its removal upon the ambience of said historic district.
B. Removals out of the municipality.
With regard to an application to move an historic landmark to a location outside of the municipality, the following matters shall be considered:
(1) The historic loss to the site of the original location.
(2) The compelling reasons for not retaining the landmark or structure at its present location.
(3) The proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.
(4) The probability of significant damage to the landmark or structure itself as a result of the move.
(5) The applicable matters set forth in Subsection A.
C. Removals within the municipality.
With regard to an application to move an historic site or landmark or any structure in any historic district to a new location within the municipality, the following matters shall be considered in addition to the matters set forth in Subsection B:
(1) The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this section.
(2) If the proposed new location is within an historic district, the visual compatibility factors as set forth in Subsection G.
D. Visual compatibility considered for additions or removals.
With regard to an application to move a landmark or structure into or to construct a new structure or to add to or alter an existing structure within an historic district, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related within that district shall be considered in terms of the visual compatibility factors as set forth in Subsection G.
E. Considerations on other actions.
In regard to an application for approval any other proposed action, as set forth in § 217-136A, the following matters shall be considered:
(1) If an historic landmark or a structure in the Historic Preservation Overlay Zone is the subject of an application:
(a) The impact of the proposed change on its historic and architectural character.
(b) Its importance to the municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(c) The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty. (2) The use of any structure involved.
(3) The extent to which the proposed action would adversely affect the public's view of a landmark or structure within an historic district from a public street.
(4) If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection G.
F. Additional matters considered.
In regard to all applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered.
G. Visual compatibility factors.
The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which it is visually related and shall be known as "visual compatibility factors":
(1) Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(3) Proportion of openings within the facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) Rhythm of solids to voids on front facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) Rhythm of entrance and/or porch projections. The relationship of the entrance or entrances and the porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) Relationship of materials and texture. The relationship of materials and texture of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related. [Amended 9-17-1990 by Ord. No. 30-90]
(8) Roof shapes and roofing materials. The roof shapes of a building shall be visually compatible with the buildings to which it is visually related. Dimensional shingles are an acceptable material for replacing a slate roof or cedar shakes. [Amended 9-17-1990 by Ord. No. 30-90]
(9) Walls of continuity. Appurtenances of a building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) Directional expression of front facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
(12) Siding. The siding of a building shall be visually compatible with the buildings and places to which it is visually related. Alternative siding shall be permitted as an exception to the requirements herein, but only if all of the following conditions are met: [Added 9-17-1990 by Ord. No. 30-90]
(a) Where the requirements of historically accurate replacement of installation of siding would cause an economic hardship on the property owner and such hardship would justify the use of alternative siding.
(b) The alternative siding shall replicate the original exterior siding of the building, in all appearances, dimensions, contour, configuration and design.
(c) Where siding is being repaired and replaced, the original siding shall be retained under the new alternative siding, so long as the original siding is in a condition that would merit its retention.
H. In addition to the visual compatibility factors listed above, the Historic Preservation Commission shall also give consideration to the latest edition of the Secretary of the Interior's Standards and Guidelines for Rehabilitation of Historic Buildings. [Added 3-20-1995 by Ord. No. 10-95]
I. All lighting within the Historic Preservation Overlay Zone shall be designed and maintained in accordance with § 159-41A. [Added 8-19-2002 by Ord. No. 32-02]
(1) Notwithstanding the requirements of § 159-41A, the use of neon lighting visible to the exterior of any building is prohibited within the Historic Preservation Overlay Zone.
(2) Within the Historic Preservation Overlay Zone, all lighting within retail and merchandise display areas shall not be visible to the exterior of any building through display windows or doors. Interior light fixtures shall be completely screened from view so as not to produce any nuisance glare, on or off site, in accordance with § 159-41A.
§ 217-139. Effect of a certificate of appropriateness approval; denial; appeal.
A. Approved certificate of appropriateness deemed positive recommendation.
(1) If a certificate of appropriateness has been issued for an application that requires approval of the Planning Board or the Zoning Board of Adjustment, the certificate of appropriateness shall be deemed to be a positive recommendation to that body as to the historic preservation aspects of the matter before that body.
(2) The Planning Board or Zoning Board of Adjustment may nevertheless grant or deny the application based on the entire record before it, notwithstanding the certificate of appropriateness as to the historic preservation aspects.
B. Appeals relating to a certificate of appropriateness. An appeal of the denial of a certificate of appropriateness may be had as follows: If the Construction Code Official refuses to issue a permit based on denial of a certificate of appropriateness, written appeal shall be made with the Board of Adjustment within 10 days after such denial.
§ 217-140. Violations and penalties.
Any person who shall undertake any activity in relation to a landmark or improvement within the Historic Preservation Overlay Zone without first having obtained a certificate of appropriateness shall be deemed to be in violation of this section.
A. Service of notice of violation.
Upon learning of the violation, the Construction Code Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy of the same shall be posted on the site in question, and a copy shall be sent by certified mail, return receipt requested, to the owner at his last known address as its appears on the municipal tax rolls.
B. Issuance of summons and complaint.
In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question, whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this section. Each separate day that the violation exists shall be deemed to be a new and separate violation of this section.
The penalty for violations shall be as follows:
(1) For each day of violation up to 10 days: not more than $25 per day.
(2) For each day of violation from 11 to 25 days: not more than $50 per day.
(3) For each day of violation beyond 25 days: not more than $75 per day.
D. Injunctive relief. In the event that any action which would permanently and/or adversely change a landmark, historic site or historic district, such as demolition or removal, is about to occur without a certificate of appropriateness having been issued, the Construction Code Official 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 historic site, landmark or structure within an historic district.
§ 217-141. Preventive maintenance.
Recognizing the need for preventive maintenance to ensure the continued useful life of landmarks and structures in historic districts, the Committee of the Township of Washington hereby declares that code enforcement in relation to landmarks and structures in historic districts is a high municipal priority.
A. Deterioration and service of notice of violation.
In the event that any landmark or improvement in the Historic Preservation Overlay Zone deteriorates to the point that, in the best estimate of the Municipal Construction Code Official, the cost of correcting the outstanding code violations equals more than 50% of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark or structure, listing the violations, the estimate for their abatement and the replacement cost of the improvement and stating that if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Code Official shall for good cause grant, the municipality may, at the expiration of the ninety-day period, institute appropriate legal proceedings against the property owner to restrain, correct or abate all violation.
B. Request for hearing by property owner.
(1) Upon receipt of such notice from the Municipal Construction Code Official, the owner may, within 10 days after such receipt, notify the Construction Code Official or his wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Board of Adjustment and shall, insofar as is possible, be a formal adversary proceeding in which the Board shall decide whether the matters alleged in the notice are established by a preponderance of the evidence.
(2) If the owner does not request a hearing, the procedures set forth in Subsection A shall apply. If a hearing is requested, the Construction Code Official shall, within 10 days after the hearing, serve on the owner an opinion of the Board, in writing, setting forth the conclusions and the reasons for the decision set forth therein. Such opinion shall be deemed to be a first notice pursuant to Subsection A.
C. Violation abatement by municipality.
Thereafter, if the owner of the property in question does not comply with the terms of the notice, the Construction Code Official, in addition to any other available remedies likely to bring about compliance, may request the legal counsel of the Township to institute the appropriate proceedings at law or in equity against the owner of the property to restrain, correct or abate all violations.
§ 217-142. Permit review.
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity or property which should also be the subject of an application for a certificate of appropriateness, and if it should, to inform, in writing, both the Secretary of the Commission and the applicant in a timely fashion.
§ 217-143. Effective date.
This section shall take effect upon passage, publication and filing of a copy with the appropriate state and county agencies as set forth and in the manner prescribed by state law.