Conference/Public Meeting Agendas/Documents — Packet

6. A Certificate of Appropriateness shall be valid for a period of two (2) years from date of issue unless reasonable extensions are granted by the Commission. If a permit is also required for the action approved and is obtained prior to expiration of such two (2) year period, then the Certificate of Appropriateness shall be valid for the life of the permit and any extensions thereof. g. Design Standards. 1. Secretary of Interior's Standards. In carrying out all its duties and responsibilities, the Commission shall be guided by the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings which are given as follows: (a) Every reasonable effort shall be made to provide a compatible use for a property which requires minimum alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. (b) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. (c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. (f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual

ever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural design or the availability of different architectural elements from other buildings or structures. (g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. (h) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project. (i) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. (j) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. 2. Visual Compatibility Factors. In assessing the design of any proposed additions or new construction, the following Visual Compatibility Factors shall be considered in 163

conjunction with the Secretary of Interior's Standards set forth above, by the Historic Preservation Commission. (a) Height. The height of the proposed building shall be visually compatible with adjacent buildings. (b) Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related. (c) Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related. (d) Rhythm of solids to voids in front facades. 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. (e) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related. (f) Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related. (g) Relationship of Materials, Texture and Color. The relationship of materials, texture and color 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. (h) Roof Shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related. (i) 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. (j) Scale of Building. The size of a building, its mass in relation to open spaces, its windows, door openings, porches and balconies shall be visually

which it is visually related. (j) Scale of Building. The size of a building, its mass in relation to open spaces, its windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related. (k) Directional Expression of Front Elevation. A building shall be visually compatible with building and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character. (l) Exterior Features. A building's related exterior features such as lighting, fences, signs, sidewalks, driveways, and parking areas shall be compatible with the features of those buildings and places to which it is visually related, and shall be appropriate for the historic period for which the building is significant. 3. Subdivision. Notwithstanding the zoning regulations in this chapter applicable to proposed subdivisions, a designated historic property shall be subdivided only when: (a) The proposed subdivision would not adversely impact upon the architectural or historic character of the Landmark, its surrounding grounds, or the designated Historic District in which it is located. (b) Denial of subdivision approval would result in undue economic or other hardship, after effecting any specific measures proposed to mitigate any adverse impacts, such as screening, buffering, and landscaping. This standards shall not be met 164

merely because subdivision and development of the property would be more profitable than the present use. If a proposed subdivision requires one (1) or more variances from the zoning regulations in this chapter, the decision on such variance request(s) shall give specific consideration to the historic preservation considerations in this chapter. If a subdivision is approved consistent with this provision, all new construction on any resulting lot shall be subject to the requirements of the Secretary of Interior's Standards and Visual Compatibility Factors listed above, and the resulting lot on which is located the existing principal structure prior to subdivision shall be deemed a Landmark. All powers to be exercised pursuant to this paragraph shall be within the jurisdiction of the Planning Board. 4. Demolition. (a) In regard to an application to demolish a Landmark, or any improvement within a Historic District, the following matters shall be considered: (1) Its historic, architectural, cultural or scenic significance in relation to the criteria established in subsection 25-30.3b. (2) If it is within a Historic District, its significance to the District and the probable impact of its removal on the character and ambiance of the District, and the criteria which were the basis of the designation of the District. (3) Its potential for use for those purposes currently permitted by the Zoning Ordinance. (4) Its structural condition and the economic feasibility of alternatives to the proposal. (5) Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest. (6) The extent to which it is of such old, unusual or uncommon design, craft- smanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty and expense. (7) The extent to which its retention would promote the general welfare by main- taining and increasing the real estate values, generating

eat difficulty and expense. (7) The extent to which its retention would promote the general welfare by main- taining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the municipality an attractive and desirable place in which to live. (b) The Commission shall be empowered to assist the owner in developing plans to preserve the property when moving or demolition thereof would be a great loss to the Township. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found, and may request the applicant to prepare a "Financial Analysis" which may include any or all of the following: (1) Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business of familial, if any, between the owner and the person from whom the property was purchased; (2) Assessed value of the land and improvements thereon according to the most recent assessment; (3) For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record; 165

(4) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property; (5) Bona fide offers of the property for sale or rent, price asked, and offers re- ceived, if any; (6) Any consideration by the owner as to profitable, adaptive uses for the property. The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the Historic District can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations. 5. Moved Structures. In regard to an application to move a historic Landmark or any building or structure in an Historic District to a new location, the following matters shall be considered: (a) The impact that losing its original historic location would have on the building or structure, and, if the present location is within a Historic District, the impact on the Historic District as a whole. (b) The reasons for not retaining the building or structure at its present site. (c) The compatibility, nature, and character of the areas surrounding the current site and the proposed site, as they relate to the protection of interest and values referred to in this section. (d) If the proposed new location is within a Historic District, visual compatibility factors as set forth in subsection 25-30.4g. (e) The probability of significant damage to the Landmark itself. (f) If it is to be removed from West Orange Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens. h. Approvals/Denials. 1. Effect of Certificate of

new location to the Township, including the accessibility to the residents of the Township and other citizens. h. Approvals/Denials. 1. Effect of Certificate of Appropriateness. Issuance of a Certificate of Appropriateness shall be deemed to be final approval pursuant to this section. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested vis- a-vis the Landmark or structure in the Historic District. 2. Denial of a Certificate of Appropriateness. Denial of a Certificate of Appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for. i. Appeals. 1. The granting or denial of a Certificate of Appropriateness may be appealed to the Zoning Board of Adjustment in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-70(a). The appellant shall pay all costs of the transcript. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the municipal Zoning Board of Adjustment. 2. Right to Sell During Appeal. Any appeal which may be taken to court from the decision of any municipal agency, whether instituted by the owner or any other proper party, shall not affect the right of the owner to make a bona fide offer to sell. 166

3. Reconsideration of Denial of Certificate of Appropriateness. The Commission may refuse to reconsider for a period of one (1) year any disapproval of an application, except in cases where an applicant reapplies within ninety (90) days of such disapproval, with his application amended to comply with any recommendations which the Commission may have made in its written reasons for disapproval. The Commission may, however, reconsider at any time denial of a Certificate of Appropriateness for demolition if a significant change in circumstances has occurred. j. Emergencies. In the event that an Act of God or any other unexpected event shall cause a property owner the need for immediate emergency repairs to preserve the continued habitability of the property and/or the health and safety of its occupants or others, and where time will not permit the owner to obtain a Certificate of Appropriateness and a building permit prior to their undertaking, the property owner shall notify the Construction Official/Zoning Officer or the Administrative Officer, who shall request the Chairperson of the Commission to inspect the property, or assign a qualified member of the Commission to do so. The Commission Chairperson (or assigned member) shall determine the nature of the emergency, whether repair is feasible or, if not, the appropriateness of the replacement. The Chairperson may call upon qualified professional expertise to assist in this determination. The Chairperson shall provide a written report to the Construction Official/Zoning Officer or Administrative Officer so that a permit may be issued. k. Violations. 1. Penalty. (a) Any person or other legal entity violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties herein. (b) If any person or other legal entity shall undertake any activity vis-a-vis a Land- mark or improvement within a Historic District without first having obtained a Certificate of Appropriateness, such person or entity shall be deemed to be in violation of this section. (c) Upon learning of the violation, the Construction Official/Zoning Officer shall issue a

son or entity shall be deemed to be in violation of this section. (c) Upon learning of the violation, the Construction Official/Zoning Officer shall issue a notice of violation and orders to terminate in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq. (d) A separate and distinct offense shall be deemed committed on each day during or on which violation occurs or continues. (e) The penalty for violations shall be as follows: For each day, up to ten (10) days—not more than seventy-five ($75.00) dollars per day. For each day, eleven (11) to twenty-five (25) days—not more than one hundred ($100.00) dollars per day. For each day beyond twenty-five (25) days—not more than one hundred twenty-five ($125.00) dollars per day. (f) If any person or other legal entity shall undertake any activity vis-a-vis a Land- mark or improvement within a Historic District without first having obtained a Certificate of Appropriateness, (s)he shall be required to restore same. 2. Injunctive Relief. In the event that any action, which would permanently change adversely the Landmark or District, such as demolition or removal, is about to occur without a Certificate of Appropriateness having been issued, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any Landmark. l. Preventive Maintenance. 167