A. Purpose.
1. The purpose of this section is to promote the educational, cultural, economic and general welfare of the Township through the preservation of historic buildings and structures and of places and districts through the development and maintenance of appropriate settings for such buildings, structures, places and districts which impart to residents and visitors alike a distinct aspect of the Township and which serve as visible reminders of the historical and cultural heritage of the Township, State and the nation.
2. To accomplish this purpose the Township has adopted provisions intended to:
a. Safeguard the heritage of the Township by preserving resources within the Township which reflect elements of its cultural, social, economic and architectural history;
b. Encourage the continued use of historic landmarks and to facilitate their appropriate reuse;
c. Promote appreciation of historic landmarks for education, pleasure and the welfare of the local population;
d. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, site objects, or districts within Middletown Township;
e. Foster beautification and private reinvestment;
f. Manage change by preventing alteration or new construction not in keeping with the districts;
g. Discourage the unnecessary demolition of historic resources;
h. Recognize the importance of individual historic landmarks located outside of a district by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this ordinance;
i. Encourage the proper maintenance and preservation of historic settings and landscapes;
j. Enhance the visual and aesthetic character, diversity, continuity and interest of the Township;
k. Promote the conservation of historic sites and districts and to invite voluntary compliance.
B. Applicability. Any and all lands which are designated as historic landmarks or lie within an historic district as delineated pursuant to Section 16-901.A.6. shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed. The following criteria shall be used in designating a site or district as historic:
1. The landmark or district is of particular historic significance to the Township of Middletown by reflecting or exemplifying the broad cultural, political, economic, or social history of the Nation, State, or community; or
2. The landmark or district is associated with historic personages important in National, State, or local history; or
3. The landmark or district is the site of an historic event which had a significant effect on the development of the Nation, State, or community; or
4. The landmark or district is an embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
5. The landmark or district is representative of the work of an important builder, designer, artist, or architect; or
6. The landmark or district is significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
7. The landmark or district is able or likely to yield information important in prehistory or history.
C. Regulated Activities.
1. For purposes of Section 16-941, regulated activities on an historic landmark or within a historic district shall include the following:
a. Demolition of any historic landmark or an improvement within an historic district.
c. Change in the exterior appearance of any building, structure or improvement by addition, reconstruction, alteration, replacement or maintenance.
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.
b. Ordinary repairs and maintenance or the exact replacement of any existing architectural details that are otherwise permitted by law provided this work on an historic landmark does not alter the exterior appearance of the building. The following are some of the activities which may be permitted according to this criteria:
(1) Complete identical replacement of existing windows and doors.
(2) Repair of existing windows and doors involving no change in their design, scale or appearance. Installation of storm windows and doors.
(3) Complete replacement of existing material with identical material.
(4) Maintenance and repair of existing roofing material involving no change in the design, scale or appearance of the structure.
(5) Structural repairs which do not alter the exterior appearance of the building.
(6) Complete identical replacement of existing roof structures such as cupolas, dormers and chimneys, or the repair of same which does not alter their exterior appearance.
(7)Complete replacement of existing shingles, clapboards, or other siding with identical material.
(8) Maintenance and repair of existing shingles, clapboards, or other siding involving no change in design, scale or appearance of the structure.
(9) Exterior painting of existing structures. The Commission may recommend colors harmonious with those currently used in the historic district.
D. Landmarks Commission Review Required.
1. No person shall hereafter engage or cause other persons to engage in any regulated activity on an historic landmark or within an historic district as defined herein unless and until such person shall have applied for and received a Development Permit from the Administrative Officer (Zoning Officer).
2. It shall be the duty and responsibility of the Administrative Officer (Zoning Officer) to refer all applications for issuance of permits pertaining to regulated activities on an historic landmark or within an historic district as set forth in Section 16-941.C. to the Landmarks Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed which aspects were not determined by approval of an application for development by a municipal agency pursuant to the "Municipal Land Use Law," P.L. 1975 c. 291. The Landmarks Commission shall submit its written report to the Administrative Officer (Zoning Officer) and shall send a copy of the report to the applicant within forty-five (45) days of its referral to the Commission. If within the forty-five (45) day period the Landmarks Commission recommends against the issuance of a permit or recommends conditions to the permit to be issued, the Administrative Officer (Zoning Officer) shall deny issuance of the permit or include the conditions in the permit. Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.
3. Applications for development which are in an historic district or on an historic landmark designated pursuant to Section 16-901.A. and require approval by the Planning Board or Board of Adjustment shall be referred by the Administrative Officer (Zoning Officer) directly to the appropriate Board. The Board shall forward a copy of the complete application to the Landmarks Commission at least fourteen (14) days prior to the hearing. Failure to forward the copy shall not invalidate any hearing or proceeding. The Landmarks Commission may provide its advice which shall be conveyed through its delegation of one (1) 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.
4. Landmarks Commission review shall not be required when an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this Ordinance. All work done under this section shall conform to the criteria set forth in Section 16-530.
5. In its review of applications for demolition of an historic landmark or an improvement in an historic district pursuant to 16-941.D.2. and 3., the Landmarks Commission may recommend the postponement of demolition for a period not to exceed one (1) year. The Commission shall utilize this time period to consult with the Township Committee, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the Township may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure 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 require the applicant to prepare a "Financial Analysis" which may include any or all of the following:
a. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;
b. Assessed value of the land and improvements thereon according to the most recent assessment;
c. For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;
d. All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property;
e. Bona fide offers of the property for sale or rent, price asked, and offers received, if any;
f. Any considerations 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.
E. Where an application for development is found by the Administrative Officer (Zoning Officer) to require Landmarks Commission review pursuant to 16-941.D.2., the applicant shall be required to submit an "Application for Certificate of Appropriateness" to the Administrative Officer (Zoning Officer). As part of this application, the Landmarks Commission may require the submission of such materials as are reasonably required for it to render a decision on the application. This application shall accompany the application for development when it is referred to the Landmarks Commission for review and must be complete in order to be considered. The Landmarks Commission shall advise the applicant in writing of the time, date, and place of the meeting at which the matter will be reviewed at least three (3) days prior to the meeting.
The Landmarks Commission may advise other interested parties of the meeting and may publish notices of the meeting in the newspaper. The applicant shall not be required to appear or to be represented at the meeting. The applicant may appear at the meeting and may submit additional information if he so chooses.
F. Time Limit and Effect of Certificate of Appropriateness. A Certificate of Appropriateness shall confer upon the applicant the right that the general terms and conditions upon which the Certificate was granted shall not be changed for one (1) year. Any Certificate hereafter granted shall expire by limitation unless the approved activity has commenced within one (1) year of the date of the Certificate. The Landmarks Commission may extend the time period. Where other approvals or permits are required pursuant to this Chapter, the Certificate of Appropriateness shall be valid for the life of those approvals or permits or extensions thereof.
[Ord. No. 98-2529]
A. Accessory apartments shall be permitted in all single-family residential zones including the R-O Zone and in the B-1 Zone. Accessory apartments are permitted as a result of the Township's Affordable Housing Plan, which contemplates the creation of sixty-nine (69) affordable accessory apartments over the next six (6) years. The Township Committee reserves the right to rescind these regulations at such point that the Township's Accessory Apartment obligation has been satisfied, subject to the approval of the New Jersey Council on Affordable Housing (COAH).
B. For the purposes of this section "accessory apartment" shall be defined as follows:
ACCESSORY APARTMENT A second dwelling unit located on a lot containing a single-family dwelling. Such a dwelling may be located within a principal structure, added to a principal structure, or located in a separate accessory building. The creation of such a dwelling unit shall be clearly incidental to the primary use of the property as a single-family dwelling and shall in no way confer upon the property owner any future rights to subdivide the existing lot in order to place each unit on a separate lot unless such a subdivision and the structures involved could conform to all municipal zoning standards. Accessory apartments shall conform to the requirements of the New Jersey Council on Affordable Housing.
C. Minimum Standards.
1. Lot Area. Accessory apartments shall be permitted on lots of seven thousand five hundred (7,500) square feet or greater. Except where there exists a qualifying existing accessory apartment, which is on a lot of less than seven thousand five hundred (7,500) square feet, such an apartment can be counted as long as all other standards and regulations can be met.
2. Unit Size and Type. Accessory apartments shall contain at least five hundred (500) square feet of gross floor area. Each unit must also contain bathroom and kitchen facilities. Units attached to principal dwellings must have a separate entrance, but shall not have access directly to the principal dwelling from within the structure. A deed restriction shall be applied to properties with accessory apartments which are completely detached, specifying that such units may not be subdivided off in the future.
3. Parking. A minimum of one (1) off-street parking space shall be provided for an accessory apartment. Parking for an accessory apartment may be permitted on an adjacent lot subject to a formal lease arrangement between the property owners which will ensure the availability of parking for a period of at least ten (10) years. In no case shall parking for an accessory dwelling result in a reduction of the existing parking for a principal dwelling below two (2) spaces.
4. Building Setbacks. No new accessory structure shall be located in any front setback or less than ten (10') feet from any side or rear property line. Additions to existing accessory structures, which do not conform to the required setbacks, shall be permitted as long as no setback is to be decreased. In the case of lots in excess of thirty thousand (30,000) square feet, the minimum side or rear setback shall be twenty (20') feet.
D. Maximum Regulations.
1. Notwithstanding the building height limitations which apply to accessory structures, structures containing an accessory apartment which is developed in a manner which will contribute to the Township's Mount Laurel obligation shall be permitted to build up to two and one-half (2 1/2) stories and thirty-five (35') feet.
E. Other Regulations.
1. Accessory apartments shall be limited to one (1) bedroom, except that on lots in excess of thirty thousand (30,000) square feet an accessory apartment shall be permitted to contain two (2) bedrooms. A two-bedroom accessory apartment shall be required to provide two (2) off-street parking spaces.
2. Prior to the issuance of a building permit for an accessory apartment, site plan and architectural plans must be submitted depicting in detail the size, location and appearance of the proposed structure. Any construction relative to the creation of an accessory apartment shall be architecturally treated in a manner which is consistent with the appearance of other structures on site.
3. Where new paved or gravel driveways or parking areas are proposed, a minimum five (5') foot setback from any side or rear property line shall be maintained. Landscaping and/or solid fencing shall be provided to screen such areas from the adjacent property. The proposed screening shall be specified on the site plan.
4. Accessory apartments shall be developed for the housing of low- and moderate-income persons and shall conform in all respects with the requirements of the New Jersey Council on Affordable Housing.
5. The affirmative marketing procedures, tenant selection process and maintenance of waiting lists shall be administered by the Department of Planning and Community Development.
6. Except for the R-220, R-130, R-110 and R-90 Zones, no detached accessory apartment shall be located closer to a public street adjoining a front yard than the principal structure.
[Ord. No. 2001-2639; Ord. No. 04-2765; Ord. No. 2004-2800; Ord. No. 2006-2882]
A. Purpose.
The purpose of these regulations is to further the implementation of the Township's Affordable Housing Program by establishing an overlay zone for the creation of housing units above existing or proposed commercial developments. This method of providing affordable housing is provided for in the Township's amended Housing Element. At least twenty (20%) percent of the dwelling units constructed as a result of this ordinance shall be affordable and shall comply in all respects with the rules and regulations of the New Jersey Council on Affordable Housing as they now exist or as they may be amended.
B. The standards established herein shall be applicable to the following properties: [Ord. No. 2009-2992]
2. Block 386, Lots 5 and 6.
5. Block 265, Lots 65, 66, 67*.
7. Block 443, Lots 1 and 2.
NOTES:
* The development of this property shall be in accordance with the standards specified in Exhibit A attached hereto.
C. The number of units permitted on each site shall be determined by the number of parking spaces available, but in no case shall exceed twenty (20) units in any single project.
1. There shall be at least one (1) off-street parking space for each new dwelling unit created.
2. Where there is existing parking on a property, sufficient to provide one (1) space for each new dwelling unit, then additional parking may be required, where feasible, by the approving authority, subject to site plan review.
3. All applicants for the Residential Over Commercial program shall be subject to site plan review by the appropriate board. The purpose of the site plan review will be to determine the following:
a. Adequacy of parking.
b. Adequacy and safety of access.
c. Overall site improvements including lighting and landscaping.
d. Architectural improvements to the existing and/or proposed building(s).
e. Adequacy of drainage.
f. Adequacy of screening and buffering from adjacent properties.
D. No building shall be permitted to exceed the maximum building height of the zone.
E. Lot coverage requirements of the zone shall be complied with. Where the existing development already exceeds the permitted lot coverage, the creation of residential over commercial dwelling units shall not be permitted to increase the coverage any further, except as necessary to provide required parking.
F. The maximum floor area ratio for the zone shall be permitted to be increased by twenty (20%) percent in order to accommodate the residential units.
G. Projects developed under this program shall limit dwelling units as follows:
1. All units shall be one (1) bedroom for development up to six (6) total units.
2. Where more than six (6) units are proposed at least seventy-five (75%) percent shall be one (1) bedroom and no more than twenty-five (25%) percent may be two (2) bedrooms.
3. Where an applicant can provide two (2) parking spaces per dwelling unit on site, all units may be two (2) bedrooms.
H. Setbacks.
1. Additions to buildings in order to provide affordable housing units shall not extend beyond the existing building footprint, except for architectural projections as may be permitted elsewhere in the Zoning Ordinance, balconies and stairways or where said projection will conform to the required building setback of the zone.
2. Where completely new construction is proposed, all setbacks shall conform to the appropriate zoning regulations.
I. Prior to issuance of a building permit for any development pursuant to this Ordinance, the developer/applicant shall enter into an agreement with the Township of Middletown which shall include, but not be limited to, language that will ensure the development is constructed in a manner that will satisfy the New Jersey Council on Affordable Housing and the Township's Housing Plan.
