A. All building permits and development applications that affect an historic landmark or an improvement within an historic district shall be reviewed by the Committee. Such review shall be required for, but not limited to, the following actions.

(1) Demolition of an historic landmark or of an improvement within an historic district.

(2) Relocation of any improvement within an historic district or of any historic landmark

(3) Change in the exterior appearance or any improvement within an historic district or of any historic landmark by addition, alteration or replacement

(4) Any new construction of an improvement in an historic district.

(5) Changes in or addition of signs or exterior lighting for an historic landmark of an improvement within an historic district.

(6) Site plans or subdivisions affecting an historic landmark or an improvement within an historic district.

(7) Zoning variances affecting an historic landmark or an improvement within an historic district

B. Approval by the Committee is not required when an historic landmark requires immediate and emergent repairs 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 ordinances without the necessity of first obtaining the Committee'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 Committee's approval 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 Article All work done under this section shall conform to the criteria set forth in this Article and the guidelines for review of applications as adopted by the Planning Board in accordance with this Article

A. For any development application affecting an historic landmark or an improvement within an historic district which is submitted to the Planning Board or Zoning Board, the appropriate board shall forward a copy of the application to the Historic Preservation Advisory Committee The Committee may provide recommendations to the appropriate board Said recommendations shall be in the form of a written report which is orally conveyed to the appropriate board through the Committee's delegate at the public hearing on the application

B. For any building permit application affecting an historic landmark or an improvement within an historic district, the administrative officer shall notify the applicant that he must submit an application for review of the proposed undertaking to the Historic Preservation Advisory Committee in accordance with the procedures outlined in § 211-217 This includes but is not limited to permits for new construction, demolition, alterations, additions, repairs or replacements affecting an historic landmark or an improvement within an historic district

A. Copies of development applications shall be reviewed by the Historic Preservation Advisory Committee for completeness of the information received Where there is insufficient information, the application shall be returned to the referring body with specific written comments as to what information is needed for the Committee to render an opinion on the effect of the project on historic landmarks

B. Where the information in the development application is sufficient to render an opinion, the Committee shall provide advice through the preservation of a written report and oral testimony on the application by its delegate at the referring body's public hearing The Committee's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance in light of the review criteria outlined in this Article,

C. In considering the Committee's recommendations, the Planning Board and Zoning Board shall be guided by the review of criteria established in this Article

A. The Committee shall devise all necessary forms on which the applicant for a building permit shall request the Committee's review, as well as forms for recommendation of project approval or denial

B. The Committee or its designee shall review the application for technical completeness Any application found to be incomplete shall be returned to the applicant within ten (10) days of the receipt of the application

C. When an application is found to be technically complete, the Committee shall schedule a review of the application at its next regularly scheduled meeting The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting

D. The Committee shall report to the Administrative Officer within forty-five (45) days of the receipt of a complete application The report shall include a directive to approve, deny or conditionally approve the requested building permit and shall explain, in writing, the reasons for the recommendation

E. If an application involves demolition or removal, the Committee's directive shall specifically include whether the permit is to be denied or postponed If a postponement is imposed, the Committee shall work with the applicant during the postponement period to undertake such investigation and take such actions as are necessary to consider alternatives to demolition

F. If within the forty-five-day period the Committee recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-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.

A. Issuance by the Planning Board or Zoning Board for approval of a development application or issuance by the administrative officer of a building permit shall be deemed to be Final approval pursuant to this Article Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other township ordinance to be made prior to undertaking the action requested concerning the landmark or improvement in an historic district

B. Denial of approval for a development application or of a building permit shall be deemed to bar the applicant from undertaking the activity which would affect the landmark or improvement in an historic district which was the subject of the denied application

C. The Planning Board, upon affirmative vote of two-thirds (2/3) of its full membership, may postpone demolition of a landmark for up to one (1) year No township Official shall issue a demolition permit for a landmark without approval from the Planning Board If the Planning Board determines to postpone demolition, it shall promptly initiate such actions as may lead to the preservation of the premises within the one-year hiatus

D. The granting or denial of approval for a development application or for a building permit may be appealed to the Township Council in the same manner as if the appeal were taken pursuant to NJSA 40 55D-17 from any action by the Planning Board

E. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the Township Council

In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters should be considered.

A. Its historic, architectural, cultural or scenic significance in relation to the criteria established in § 211-213

B. If it is within an historic district its significance to the district as a key, contributing or noncontributing resource and the probable impact of its removal on the district.

C. Its potential for use for those purposes currently permitted by the Zoning Ordinance

D. Its structural condition and the economic feasibility of alternatives to the proposal

E. Its importance to the township and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.

F. 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 and expense

G. The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Wayne Township, stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the township a more attractive and desirable place in which to live

In regard to an application to move any historic landmark or to move any improvement within an historic district, the following matters shall be considered

A. The historic loss to the site of the original location and the historic district as a whole

B. The compelling reasons for not retaining the landmark or structure at its present site

C. The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection. of interest and values referred to in this Article.

D. The probability of significant damage to the landmark or structure itself

E. If is to be removed from Wayne Township, the proximity of the proposed new location to the township, including the accessibility to the residents of the township and other citizens

F. If the proposed new location is within an historic district, visual compatibility factors as set forth in this Article

A. In regard to an application for any approval of proposed action as set forth herein, the following matters shall be considered

(1) If an historic landmark or a structure in an historic district is involved

(a) The impact of the proposed change on its historic and architectural significance as defined in § 211211 of this Article

(b) Its importance to the township 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 the involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty and expense,

(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 its character and ambiance 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 herein

B. Additional matters considered In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered

C. Visual compatibility factors

(1) In assessing the effect of any proposed change on an application concerning any landmark, the following "visual compatibility" factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related

(2) In the event that an historic district has such unique features that the general guidelines below are not appropriate criteria, the Planning Board shall, with the advice of the Historic Preservation Advisory Committee, adopt regulations for each district which areas are consistent with the generally applicable 'visual compatibility" factors as set forth below

(a) Height The height of the proposed building shall be visually compatible with adjacent buildings

(b) 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 buildings and places to which it is visually related

(c) Proportion of openings within the facility 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

(d) Rhythm of solids to voids on facades fronting on public place. the relationship of solids to voids in such facades 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 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 building to which it is visually related

(h) Roof shape 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 wells, open-type fencing, evergreen and landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building within the buildings and places to which it is visually related

(j) Scale of building The size of a building, the mass of a building in relationship to open spaces, the windows, do-or openings, porches and balconies shall be compatible with the buildings and places to which they are visually related

(k) Directional expression of front elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its dimensional character, whether this be vertical character, horizontal character or nondirectional character

(l) Exterior features- A structure's related exterior features such as lighting, fences, signs, sidewalks and driveways shall be compatible with the features of those structures which it visually relates to and shall be appropriate for the historic period for which the building is significant.

A. Any person who shall undertake an activity which affects an historic landmark or an improvement within an historic district and which requires a building permit without obtaining the review of the Historic Preservation Advisory Committee shall be deemed to be in violation of this Article

B. Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violations occur a notice describing the violation in detail and giving the owner ten (10) days to abate the violation by restoring the landmark or improvement to the condition it was in prior to the violation occurring If the owner cannot be personally served within the township with said notice, a copy shall be posted on the site and a copy sent to the owner at his last known address as it appears on the township tax rolls

C. In the event that the violation is not abated within ten (10) days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint returnable in the Municipal Court, charging a violation of this Article and specifying the wrongful conduct of the violator Each separate day the violation exists shall be deemed to be a new and separate violation of this Article

D. The penalty for violation shall be as follows.

(1) For each day, up to ten (10) days not more than twenty-five dollars ($25) per day.

(2) For each day, eleven (11) to twenty-five (25) days not more than fifty dollars ($50) per day

(3) For each day beyond twenty-five (25) days not more than one hundred dollars ($100) per day

E. If any person shall undertake any activity requiring a building permit and affecting an historic landmark of any improvement within an historic district without first having obtained approval, he shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the landmarks affected pending a decision If the project is denied, he shall immediately restore the landmark to its preactivity status The Zoning Officer is hereby authorized to seek injunctive relief regarding a stopwork order on the restoration in the Superior Court, Chancery Division, not less than ten (10) days after the delivery of notice pursuant to this section Such injunctive relief shall be in addition to the penalties authorized under this section

The Historic Preservation Advisory Committee shall have the following additional powers, duties and responsibilities

A. To identify and record historic buildings, structures, sites, objects or districts and evaluate these resources against the criteria outlined in the definition of resources within an historic district" in § 211-211 of this Article The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition

B. To assist other public bodies in aiding the public in understanding historic resources, significance and methods of preservation

C. To compile and monitor notices regarding the use of detection type devices and consider, determine and condition the granting of requests for provision to dig, disturb or remove anything from historic landmarks or sites

D. To advise the Township Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan therefor securing state, federal and other grants and aid to assist therein, and monitoring such projects once underway

E. To recommend to the Planning Board and the Township Council the establishment and boundaries of historic districts, where appropriate

F. To recommend to the Zoning Board the granting of use variance- where such a variance is deemed to be within the intent and purposes of this Article

G. To secure the voluntary assistance of the public and (within the limits of the budget established by the township for the Historic Preservation Advisory Committee's operation) to retain consultants and experts and incur expenses to assist the Historic Preservation Advisory Committee in its work to provide testimony in support of the Committee's position before other bodies, boards, commissions or courts.

H. To cooperate with local, county, state or national historical societies governmental bodies and organizations to maximize their contributions to the intent and purposes of this Article

I. To recommend to the applicable county, state and federal agencies where appropriate, recognition of historic buildings, structures, sites, objects, or districts

J. To request the Township Council to seek, on its own motion or otherwise, injunctive relief for violations of this Article or other actions contrary to the intent and purposes of this Article.

K. To spend money in the course of its duties as it is duly authorized to by the Township Council.

A. No person shall use any electrical, mechanical or other detection-type device to locate objects in or on any township owned historic landmark or improvement within an historic district without giving written notice, as set forth below, to the Township Clerk and the Historic Preservation Advisory Committee

B. The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice, as well as the names and addresses of all persons involved in the on-site use, and shall set forth the date each use will occur and whether any business, club or other organization is involved.

C. Written notice of the intent to use such a detection device shall be delivered at least five (5) days in advance of the use, and no use shall occur, unless otherwise expressly permitted, other than between the hours of 7:00 a.m. and 5:00 p.m.

D. For each and every violation of any of the acts described in this section, the violator shall be subject to a fine of not more than five hundred dollars ($500)