Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 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

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 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: 188

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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; (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

(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 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. 189

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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. 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

le 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 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. 190

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (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. 1. Recognizing the need for preventive maintenance to ensure the continued useful life of Landmarks and structures in Historic Districts, the Mayor and Township Council hereby declare that code enforcement vis-a-vis Landmarks and structures in Historic Districts is a high municipal priority. 2. In the event that any Landmark or improvement in an Historic District deteriorates to the point that, in the best estimate of the Building Department's Division of Inspections, the cost of correcting the outstanding code violations equals more than twenty-five (25%) percent of the cost of replacing the entire improvement on which the violations occur, the Division shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property, 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 ninety (90) days or such extensions as the Division shall for good cause grant, the Township Construction Official/Zoning Officer may, at the expiration of ninety (90) days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property. 3. Upon receipt of such notice, the owner may, within ten (10) days after such receipt, notify the Division of Inspections of his/her wish to have a hearing as to the allegations and

3. Upon receipt of such notice, the owner may, within ten (10) days after such receipt, notify the Division of Inspections of his/her wish to have a hearing as to the allegations and estimates set forth in the Division's notice. Such hearing shall be conducted by the Construction Official/Zoning Officer and shall, so far as possible, be a formal adversary proceeding in which the Division of Inspections shall establish the matters alleged in the notice by a preponderance of the evidence. 4. If the owner does not request a hearing the procedures set forth in paragraph 2. above shall be binding. If a hearing is requested, the Construction Official/Zoning Officer will, within ten (10) days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be first notice pursuant to paragraph 2. above. 5. Thereafter, if the owner does not comply, the Division may enter onto the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations. 6. The head of the Division shall then certify to the Mayor and Township Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Mayor and Township Council. 7. The Township Council may, by resolution, vote to cause the sum so certified to become a lien upon the Landmark or property, payable with the next quarter's real estate property taxes, and if not then paid, bearing interest at the same rate as delinquent taxes. (Ord. No. 904-88 § 25-6.9D; Ord. No. 1007-90; Ord. No. 1584-98 § 3) 191

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-30.5 Professional Qualification Standards. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part- time work adding up to the equivalent of a year of full-time experience. a. History. The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one (1) of the following: 1. At least two (2) years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. b. Archeology. The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: 1. At least one (1) year of full-time professional experience or equivalent specialized training in archeology research, administration, or management; 2. At least four (4) months of supervised field and analytic experience in general North American archeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one (1) year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archeology shall have at least one (1) of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. c. Architectural History. The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one

ely related field, with coursework in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation, or closely related field plus one (1) of the following: 1. At least two (2) years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. d. Architecture. The minimum professional qualifications in architecture are a professional degree in architecture plus at least two (2) years of full-time professional experience in architecture; or a State license to practice architecture. e. Historic Architecture. The minimum professional qualifications in historic architecture are a professional degree in architecture or State license to practice architecture, plus one (1) of the following: 1. At least one (1) year of graduate study in architectural preservation, American architectural history, preservation planning, or closely related field; or 2. At least one (1) year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic 192