Conference/Public Meeting Agendas/Documents — Packet

respect to designation is advisory only, it is intended that the public hearing be informal, without the need for transcription of minutes or testimony under oath. 3. A copy of the Commission report shall be made available for public inspection at least thirty (30) days prior to the hearing. 4. Notice of the hearing shall be given at least thirty (30) days prior to the date of the hearing by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township, and by certified mail and regular mail to the owners of record of real property within the area being considered for District designation and to the owner of record of real property being considered for Landmark designation. The notice shall state the date, time, and place of the hearing; the nature of the matters to be considered; identification of the property(ies) proposed for designation by street address and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's Office; the significance and consequences of such designation; and the location and times at which the Commission report is available for public inspection. 5. Within thirty (30) days following the public hearing on the proposed Landmark or District, the Commission shall make revisions to its report as it deems appropriate based on its consideration of the comments and suggestions made at the public hearing, and shall forward its final report, including its recommendations, to the Planning Board, Administrative Officer, Mayor and Township Council for their consideration in amending and supplementing the Township's Master Plan and Zoning Map. Such further action as shall be taken for designation of an Historic Landmark or District shall be subject to those statutory procedures which apply to the change of a zoning designation and the adoption, revision, or amendment of any development regulation. 6. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Planning Board with respect to its adoption or amendment of the

the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Planning Board with respect to its adoption or amendment of the Master Plan or component parts thereof, including the adoption of any resolution, within ninety (90) days of receipt of the Commission's final report. 7. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Township Council with respect to its adoption or amendment of the Zoning Ordinance, or any part thereof, including the adoption of the Ordinance, within ninety (90) days of receipt of the Commission's final report, during which time, and from the time of the Commission's publication of its initial report, there shall be no alterations or improvements made to the Landmark or District sought to be designated in a manner which would be prohibited if such property(ies) were to be designated. 8. Copies of the list of designated Historic Districts and Landmarks shall be made public and distributed to all municipal agencies reviewing development applications, building permits and housing permits. b. Criteria for Designation. The historic inventory and survey shall be used as a basis for identifying properties worthy of designation as Historic Landmarks and Districts. The criteria for evaluating and designating Historic Landmarks and Districts shall be in accordance with the National Register Criteria, which are as follows: 1. The quality of significant in American history, architecture, archeology, engineering, and culture is present in districts, landmarks, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and; 158

(a) That are associated with events that have made a significant contribution to the broad patterns of our history; or (b) That are associated with the lives of persons significant in our past; or (c) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) That have yielded, or may be likely to yield, information important in prehistory or history. (Ord. No. 904-88 § 25-6.9C; Ord. No. 1007-90; Ord. No. 1584-98 § 2; Ord. No. 1728- 00 § 1) c. Designated Landmarks. The following sites have been designated as Historic Landmarks: 1. Block 39, Lot 56 (29 South Valley Road). 2. Block 39, Lot 61.01 (21 South Valley Road). 3. Block 60, Lot 2 (13 Main Street) 4. Block 66, Lot 1 (177 Main Street) 5. Block 89, Lot 68 (Llewellyn Park Gate House) 6. Block 115, Lot 30.01 (Edison National Historic Site) 7. Block 177.08, Lot 20 (695 Eagle Rock Avenue) 8. Block 177.12, Lot 60 (757 Eagle Rock Avenue) 25-30.4 Review by Historic Preservation Commission. a. Purpose. To accomplish the purposes of this section, the Township has adopted provisions for design review, intended to: 1. Encourage the continued use of historic landmarks and facilitate their appropriate reuse; 2. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects, or districts within the Township; 3. Foster beautification and both private and public reinvestment; 4. Manage change by preventing alteration or new construction not in keeping with a historic character of Landmarks or Districts; 5. Discourage the unnecessary demolition of Historic Resources; 6. Recognize the importance of Historic Properties by using property owners and tenants to maintain their properties in keeping with the requirements and standards of this section; 7. Encourage the proper maintenance and preservation of historic settings

ners and tenants to maintain their properties in keeping with the requirements and standards of this section; 7. Encourage the proper maintenance and preservation of historic settings and landscapes. b. Regulated Activities. 1. For purposes of this section, regulated activities on a Historic Landmark or within a Historic District shall include the following: (a) Demolition of any Historic Landmark or an improvement within a Historic District. (b) Relocation of any building, structure or improvement. 159

(c) Change in the exterior appearance of any building, structure or improvement by addition, rehabilitation, removal, reconstruction, alteration, replacement, maintenance, or cosmetic changes. (d) Any addition or new construction of an improvement. (e) Replacement, changes in, or addition of signs, shutters, outdoor displays, fences and hedges, street furniture, awnings, off-street driveway and parking materials, or exterior lighting. (f) Installation or replacement of sidewalks, porches, fire escapes, solar panels, and satellite dish antennas. 2. In no instance shall the following be considered regulated activities: (a) Changes to the interior of structures that do not affect the exterior appearance. (b) Ordinary repairs and maintenance wherein the cost of such repairs is less than five hundred ($500.00) dollars and the repairs in question constitute an exact replacement of existing architectural details that are otherwise permitted by law, provided this work does not alter in any way the exterior appearance of the Historic Resource. c. Certificates of Appropriateness. 1. No person or other legal entity shall hereafter engage or cause other persons to engage in any regulated activity on an historic site or within an Historic District as defined herein unless and until such person or entity shall have applied for and received a Certificate of Appropriateness from the Historic Preservation Commission. A Certificate of Appropriateness issued by the Historic Preservation Commission shall be required before any permit can be issued by the Construction Official/Zoning Officer. Specifically exempted from this requirement are properties or structures in Type II Historic Districts which are zoned R-1 through R-6 or RT and which are less than fifty (50) years of age. 2. It shall be the duty and responsibility of the Construction Official/Zoning Officer to refer to the Commission all applications for issuance of permits or Certificates of Appropriateness pertaining to regulated activities on a Landmark or within an Historic District, for a

to the Commission all applications for issuance of permits or Certificates of Appropriateness pertaining to regulated activities on a Landmark or within an Historic District, 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,” P.L. 1975 c. 291. The Commission shall submit its report to the Administrative Officer within forty-five (45) days of its referral to the Commission. If within the forty-five (45) day period the Commission recommends against the issuance of a Certificate of Appropriateness or permit, or recommends conditions to its issuance, the Administrative Officer shall cause the Construction Official/Zoning Officer to deny issuance of the permit or Certificate of Appropriateness, or to include the conditions. If the Commission recommends approval, a Certificate of Appropriateness shall be issued. Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit or Certificate of Appropriateness, and without the recommendation of conditions. 3. Applications for development which are in a designated Historic District or Landmark and which require approval by the Planning Board or Zoning Board of Adjustment shall be referred by the Administrative Officer directly to the appropriate Board. The Board shall forward a copy of the complete application for the Historic Preservation Commission at least fifteen (15) days prior to the hearing. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegation of 160

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. d. Informational Meetings. Persons considering action that may require a Certificate of Appropriateness, as set forth above, even if they are in doubt as to whether such is required, are encouraged to request in writing an informal "Informational Meeting" with the Historic Preservation Commission. Written requests for such informational meetings can be made to the Construction Official/Zoning Officer, to the Administrative Officer, to any other Township official or to the Commission. The Commission shall hold such informational meetings within thirty-five (35) days of receipt of such written request. The purpose of an informational meeting is to inform the persons of the standards of appropriateness and the procedures for obtaining a Certificate of Appropriateness, if such is required. Preliminary drawings may also be submitted to the Historic Preservation Commission for review and comment before proceeding with final plans, even if an informational meeting is not requested. e. Application Procedures. 1. Applications for Certificates of Appropriateness for other actions of the Board shall be made on forms available in the office of the Historic Preservation Officer, the Construction Official/Zoning Officer, or the Township Planner. Applications shall be made by legal or equitable owners of the property. Completed applications shall be delivered or mailed to the Commission in Township Hall. 2. The contents of the application shall consist of the following: (a) When the application is for exterior repairs replacing deteriorated architectural features to match existing materials, textures, and dimensions, the application shall be accompanied by current photographs of the building showing the area to be repaired and a written description of the work (for example, a builder's estimate or an architect's scope of work). (b) When the application is for exterior architectural changes replacing existing architectural features with new materials, textures, or dimensions that do not match

(b) When the application is for exterior architectural changes replacing existing architectural features with new materials, textures, or dimensions that do not match existing materials, textures, or dimensions, such as replacement windows, siding, etc., the application shall be accompanied by current photographs of the building showing features to be replaced, a written description of the work (for example, a builder's estimate or an architect's scope of work), and material specifications (architect's technical specification or manufacturer's literature describing the replacement materials). (c) When the application is for the addition of new exterior architectural elements, such as a porch, deck, railing, window, bay, wing, story, roof, etc., or for adding a new building to the site, the application shall be accompanied by current photographs of the property, a written description of the work (for example, a builder's estimate or an architect's scope of work), material specifications (architect's technical specification or manufacturer's literature describing the replacement materials), and architectural drawings (plans, evaluations, site plan, etc.). (d) When the application is for restoration or rehabilitation of the building to an earlier historic appearance, in addition to the material described above for the type of work involved, the application shall be accompanied by historical documentation (description of physical architectural evidence, historic photographs, and documentary evidence) to support the restoration or rehabilitation decisions. (e) Additionally, the applicant shall submit such photographs, diagrams, architectural drawings, specifications, or other materials sufficient to adequately inform the Historic Preservation Commission of the nature of the work for which the application is made. The Historic Preservation Officer, based on a publicly 161

available check list, shall determine if the information is sufficient to constitute a complete application, and if the application is incomplete shall so notify the applicant within fifteen (15) days. f. Commission Review. 1. The Commission shall review complete applications for Certificates of Appropriateness at a public meeting. In addition to complying with requirements of the Open Public Meetings Act, and except in the event of an emergency, at least fifteen (15) days prior to such meeting, the Commission shall give notice of the time, date, place and subject of the meeting, which notice shall be given in writing to the applicant. The applicant shall give at least ten (10) days written notice of the time, date, place and subject of the meeting in writing to each property owner of record within two hundred (200) feet of the subject property; provided, however that exempted from this requirement are properties or structures which are zoned R-1 through R-6 or RT. In the case of an application for a permit to demolish or move a Historic Landmark or a structure or improvement in a Historic District, the applicant shall, in addition to the above and at least ten (10) days before the meeting, give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, by regular mail, and by published notice in an official newspaper of the municipality; and shall present an Affidavit attesting to such notification prior to commencement of the meeting: (a) West Orange Historical Society (b) West Orange Environmental Commission (c) Office of New Jersey Heritage, Department of Environmental Protection (d) Any other organization concerned with historic preservation, deemed by the Commission to be appropriate in this instance. 2. At the meeting wherein the Historic Preservation Commission intends to vote upon an application, individuals interested in the application shall be permitted to comment in person only upon the application under consideration. 3. The Commission shall reach a decision on a complete application

interested in the application shall be permitted to comment in person only upon the application under consideration. 3. The Commission shall reach a decision on a complete application within forty-five (45) days of submission of the application or referral of same by the Construction Official/Zoning Officer. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of the proposed action, and may grant approval upon such conditions as it deems appropriate within the intent and purposes of this section. An applicant shall not be required to appear or to be represented at the meeting for consideration of the application for a Certificate of Appropriateness. 4. If an application is approved, the Commission shall forthwith issue a Certificate of Appropriateness. If the Commission disapproves an application, the Commission shall state its reasons in writing within ten (10) days of such decision. In case of disapproval, the Commission shall notify the applicant in writing of such disapproval and provide the applicant with a copy of the reasons. 5. When a Certificate of Appropriateness has been issued, the Construction Official/Zoning Officer shall, from time to time, inspect the work approved by such Certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such Certificate or violating any ordinance of the Township. The Commission shall also make inspections of work approved by such Certificate whenever it considers such to be desirable. 162