A. Guidelines for designation. The Commission may recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status, sites of historic interest status and for review of development applications or permits affecting historic landmarks, sites of historic interest or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
B. Historic landmark/sites of historic interest designation list. The Commission shall consider for historic designation buildings, structures, objects, sites, and districts within the Township which merit landmark designation and protection of possessing integrity of location, design, setting, materials, workmanship, or association based on its review or upon the recommendation of other Township bodies or of concerned citizens. The Commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries, a black and white photograph of each property and a location map. In conjunction with the list of landmarks recommended for designation, the Commission may, at the same time, or at some later time, prepare a list of buildings, structures, objects, sites and districts which merit designation as sites of historic interest.
C. Hearing on proposed designation. A hearing shall be conducted on the proposed designations at which interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for landmark/site of historic interest designation. The Commission shall then vote on its recommendations to the Planning Board for resources to be designated as historic landmarks and/or sites of historic interest.
D. Notice of proposed designation. At least 10 days prior to the hearing provided for in Subsection C above, the Commission shall provide notice of the hearing in the following manner:
(1) By certified mail return receipt requested, to each owner that his property is being considered for historic landmark/site of historic interest designation and the reasons therefor. The notice shall advise the owner that if so designated, his or her property would be subject to the provisions of this article, shall advise him of his opportunities and rights to challenge or contest such designation and shall set forth the time, date and location of the public hearing to be held.
(2) By publishing in an official newspaper of the municipality, a notice of the time, date and location of the hearing, a preliminary list of potential designations including a lot and block designation for same as it appears on the official Township Tax Map.
E. Historic Preservation Commission report to Planning Board. After the hearing, the Commission shall prepare a concise report of its recommendations for sites to be designated as historic landmarks/site of historic interest. Copies of the report shall be delivered to the Planning Board and the Township Clerk and a notice of action published by the Commission secretary in the official newspaper. The published notice shall state the Commission's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication.
F. Planning Board designation; certification of designation. Final determination designating historic landmark/site of historic interest status shall be made by the Planning Board. A certificate of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status/site of historic interest, the Planning Board shall by certified mail notify the owner of the property involved of the determination and advise him of his rights with respect to an appeal of said determination to Township Committee pursuant to Subsection G below.
G. Appeal to Township Committee. A member of the public may seek to appeal the status directly to the Township Committee upon giving notice to the owners and persons of record as objecting thereto, the Planning Board and the Commission. Such appeal shall be made within 45 days of the Planning Board's determination and the Township Committee shall have the power to either affirm, modify or vacate the decision of the Planning Board as it deems proper.
H. Township Committee adoption of designations. After Planning Board review and approval, the Commission shall submit the list of designated landmarks/sites of historic interest and a map to the Township Clerk for filing. The Township Committee shall then consider the designation list and map, and may approve, reject or modify same by ordinance. Once adopted, the designation list and map may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the Municipal Master Plan and the zoning provisions of this chapter.
I. Filing of certificate of designation. Copies of the list of designated landmarks and location maps as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included on the list, a true copy thereof shall be filed with the County Clerk for recording. No filing shall take place for sites of historic interest.
J. Reconsideration of designation. Nothing herein shall be construed as requiring the Commission to designate a structure, building, object or site a historic landmark even if all criteria to so designate have been satisfied. The Commission retains the discretion to designate such structure, building, object or site as a site of historic interest. Thereafter, the Commission shall not be prohibited from reconsidering such designation and, after following the procedures of this § 190-232, redesignate a site of historic interest as a historic landmark.
A. Applications subject to Historic Preservation Commission review.
(1) All building permit, demolition and development applications affecting a historic landmark/site of historic interest or an exterior improvement within a historic district shall be reviewed by the Commission. Such review shall be required for, but not limited to the following which are merely listed as examples: demolition, relocation, changes in exterior appearance, construction of any improvements, changes in signs or lights, site plan review or subdivisions, or zoning variance requests. In addition, application and plans for new construction of nonresidential buildings and residential developments throughout the Township which have been referred to the Commission by the Planning Board or Township Committee shall be reviewed by the Commission. [Amended 12-22-2015 by Ord. No. O-15-26]
(2) The following activities are not subject to this article:
(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 that this work on a historic landmark does not alter the exterior appearance of the building.
B. Waiver; emergencies.
(1) Waiver. Applicants for building permits for existing properties, located in historic district zones, but which are noncontributing as defined herein may apply for a waiver of the requirements of review, provided that they transmit a letter, requesting said waiver to the Commission, which includes the following information:
(a) Identification of the property by Township of Freehold block and lot number as shown on the current Tax Maps.
(b) Year original structures were built and years when additions (if any) were built.
(c) Photographs taken within a year of the waiver requests showing front, side and rear elevations of structures.
(d) Explanation of work to be done under requested building permit.
(e) Reasons for waiver request.
(2) Emergencies. Approval by the Commission is not required prior to immediate and emergent 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 approval shall be made as soon as possible thereafter and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained. All work done under this subsection 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.
C. Referrals to Historic Preservation Commission. The Planning Board shall refer all development applications, and the administrative officer shall refer all building permit applications, including permit applications for new construction, demolition, alterations, additions, or replacements which affect a historic landmark, a site of historic interest or an improvement within a historic district, to the Commission. [Amended 12-22-2015 by Ord. No. O-15-26]
(1) Applications involving historic landmark or historic district properties.
(a) The Commission shall determine if such applications are not complete. If incomplete, they shall be returned within 30 days. When complete, the Commission shall schedule a review at its next regular meeting and the applicant shall be notified and given an opportunity to be heard.
(b) The Commission shall provide written advice and recommendation to the Planning Board or, in the case of the permit application through the administrative officer, except otherwise provided by § 190-230B, shall direct such officer to approve, deny or conditionally approve the application. Such determinations by the Commission shall be made within 45 days of the Commission's determination that the application is complete, unless such time is extended by consent of the applicant.
(c) On any application involving demolition or removal of any kind, except otherwise provided by § 190-230B, the Commission's order shall specify whether the permit is to be denied or postponed. If postponement is ordered, the Commission shall work with the applicant during this interim period to investigate and consider alternatives to demolition or removal.
(2) Applications involving sites of historic interest.
(a) If such applications are for other than a building permit, each shall be processed in the same manner as under Subsection C(1) above. If such applications are for a building permit, the Commission shall review the application submitted to the Construction Official and, if the Commission deems it desirable based on the application filed, may request a meeting with the applicant to discuss the extent of the work planned and provide suggestions to accommodate the desires of the applicant while at the same time attempting to protect the historical significance of the site of historic interest. Such recommendations shall be purely advisory and shall have no binding effect; however, the Construction Official shall await the report of the Commission for a period of 45 days after referral to the Commission. If no report is received within the forty-five-day period, the Construction Official may, if all other requirements therefor are met, issue the requested permit.
(b) In the cooperative effort outlined above, the Commission shall explore the availability of public or private funds to assist the property owner with any increased costs which may accompany following the Commission's recommendations. If such funds are provided by the Township through any established grant or assistance program, it shall be required that, as a condition to receipt of such funds, the property owner shall record restrictions, in the County Clerk's office, subjecting the property to historic landmark designation to the same extent as though the procedure set forth in § 190-232 was followed and the certificate reference in § 190-233I was filed.
D. Submission requirements. An original and two copies of each of the following shall be submitted to the secretary of the Commission:
(1) Applicable application form, if any, as adopted by the Commission.
(2) Plans and specifications as accepted by the Building Department.
(3) Detailed information shall be provided on the construction material, color, design and any of the following or other elements of the proposal to provide clear and comprehensive information for the Commission in its determination of the compatibility of the proposal:
(a) Roof design and surfacing.
(b) Walls/siding/pattern of shingles/and exterior painting or stain.
(c) Windows: style, relationship to each other/awnings.
(d) Doors.
(e) Ornaments or trim.
(f) Colors/materials.
(g) Railings/porches.
(h) Chimneys.
(i) Fences.
(j) Yard furniture.
(k) Garages/carports.
(l) Signs.
(m) TV antennas/satellite dishes.
(n) Solar energy installation.
(o) Outdoor furniture for accessory use of a principal (nonresidential) use such as restaurant's outdoor eating section.
(p) Street furniture generally relative to a public or a semipublic use:
[1] Sidewalks, paving.
[2] Lightposts.
[3] Benches.
[4] Trash receptacles.
[5] Kiosks/signs.
[6] Hydrants.
[7] Phone booths.
[8] Gazebos.
[9] Pavilions.
[10] Urns.
[11] Play or recreation equipment.
(q) Landscaping, grading and topography.
(r) For new construction, utilities shall be placed underground and site plans shall show the placement of same; statements from the relevant public utility company may be requested by the Commission.
E. Standards of review. In regard to an application for any approval of proposed action the following matters shall be considered:
(1) If the historic landmark/site of historic interest or structure in a historic district is involved:
(a) The impact of the proposed change on its historic and architectural significance as defined in this section;
(b) Its importance to the municipality and the extent to which the historic or architectural interest would be adversely affected to the detriment of the public interest, and
(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 a historic district from a public street.
(4) If the application deals with a structure within a historic district, the impact the proposed change would have on its character and ambience 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.
(5) In regard to applications, additional pertinent matters may be considered but in no instance shall interior arrangement be considered.
(6) In assessing the effect of any proposed change on an application concerning any landmark, the Secretary of the Interiors Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be utilized. Such standards and guidelines are hereby adopted by reference and copies shall be made available for inspection and/or purchase in the office of the Township Clerk.
F. Demolitions. An application for a permit to demolish a historic landmark/site of historic interest or a structure or improvement within a historic district shall be forwarded by the Construction Official to the Commission.
(1) Demolitions involving historic landmark or historic district properties.
(a) The Commission shall conduct a public hearing on the proposed demolition. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, 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 hearing:
[1] Monmouth County Historical Commission.
[2] Monmouth County Heritage Committee.
[3] Monmouth Conservation Foundation.
[4] Monmouth County Historical Association.
[5] State Office of Historic Preservation.
[6] State Advisory Council of Historic Preservation.
[7] Monmouth County Park System.
[8] Any other organization concerned with historic preservation, deemed appropriate by the Commission.
(b) The following matters shall be considered by the Commission:
[1] Its historic, architectural, cultural or scenic significance in relation to the criteria established in this section.
[2] If it is within a historic district, its significance to the district as a key, contributing, or noncontributing resource and the probable impact of its removal on the district.
[3] Its potential for use for those purposes currently permitted by the zoning provisions of this chapter.
[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, craftsmanship, texture or material that it would 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 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 Freehold Township; stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live.
[8] Such other matters as may appropriately affect the decision considering the specific characteristics of the property in question.
[9] The ownership, use and applicant's reason(s) for requesting demolition.
[10] Any other applicable standards of review or guidelines adopted by the Secretary of the U.S. Department of the Interior.
(c) Following the public hearing, the Commission shall make a decision and act on the request for the demolition permit.
(2) Demolitions involving a site of historic interest. The Commission shall conduct the procedures as outlined in Subsection F(1) above, except as follows:
(a) The Commission shall have a period not exceeding six months in order to have an opportunity to seek a viable alternative to demolition.
(b) The applicant shall not be required to notify the agencies set forth in Subsection F(1)(a) through (g).
(3) Demolitions in conjunction with a development application. In those circumstances where the planned demolition is part of a development application pending before the Planning Board, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representative shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the demolition. The Commission shall further be accorded the opportunity of making a recommendation to the reviewing board as to whether or not the demolition should be allowed. [Amended 12-22-2015 by Ord. No. O-15-26]
G. Relocations. In regard to an application to move any historic landmark, or to move any improvement within a historic district, the application shall be forwarded by the responsible Township official to the Commission.
(1) The Commission shall conduct a public hearing on the proposed move or relocation. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, 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 hearing:
(a) Monmouth County Historical Commission.
(b) Monmouth County Heritage Committee.
(c) Monmouth Conservation Foundation.
(d) Monmouth County Historical Association.
(e) State Office of Historic Preservation.
(f) State Advisory Council of Historic Preservation.
(g) Monmouth County Park System.
(h) Any other organization concerned with historic preservation, deemed appropriate by the Commission.
(2) The following matters shall be considered by the Commission:
(a) The historic loss to the site of 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 the proposed surrounding areas as they relate to the protection of interest and values referred to in this section.
(d) The probability of significant damage to the landmark or structure itself.
(e) If it is to be moved from Freehold Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the municipality and other citizens.
(f) If the proposed new location is within a district, visual compatibility factors as set forth in this section.
(3) Following the public hearing, the Commission shall make a decision and act on the request for relocation.
(4) In those circumstances where the planned relocation is part of a development application pending before the Planning Board, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representative shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the relocation. The Commission shall further be accorded the opportunity of making a recommendation to the reviewing board as to whether or not the relocation should be allowed. [Amended 12-22-2015 by Ord. No. O-15-26]
H. Advice regarding nonhistoric properties.
(1) The Commission also serves in an advisory capacity in the review of plans referred by the Planning Board or Township Committee pertaining to the exterior appearance of structures that are not historic landmarks and not within a historic district. The purpose and intent of this additional role of the Commission is to assist other Township boards in their review capacity, where development is proposed in close proximity to areas and/or structures of historic significance or because the owners or applicants desire to construct improvements with historic design and character. The goals of the Commission are to advise applicants on how to amend and improve designs rather than to impose individual design choices on any specific proposal. [Amended 12-22-2015 by Ord. No. O-15-26]
(2) In the review of plans that have been referred to them, the Commission will generally examine the following elements for compatibility with the existing style, with existing adjoining development and appropriateness:
(a) Building height.
(b) Bulk/scale.
(c) Placement of windows, doors, roof.
(d) Materials/textures and scale.
(e) Color.
(f) Signs.
(g) Fences, walls, other accessory structures on the site.
(h) Parking area layout, loading facilities.
(i) Landscaping.
(j) Driveways.
(k) Compatibility of all elements of the proposal.
(l) Any other exterior elements that would impact the surroundings.
(3) When plans are referred to the Commission by the Planning Board, the referral should include the timing schedule for the submission in order to enable the Commission to make its review and, if necessary, meet with the applicant to discuss adjustments, within the timing framework for the submission, the dates of public hearings, Planning Board meetings, etc. [Amended 12-22-2015 by Ord. No. O-15-26]
I. Removal or disturbance of objects or landmarks detections devices.
(1) No person shall use any electrical, mechanical or other detection type device to disturb, remove, locate objects in or on any Township owned historic landmark/site of historic landmark or improvement within a historic district without giving written notice, as set forth below, to the Township Clerk and the Commission and receiving permission of the Township Committee to undertake the proposed activity.
(2) 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.
(3) The written notice of the intent to use such a detection device shall be delivered to the Township Clerk and to the secretary of the Commission at least 30 days in advance of the proposed use. The Commission shall consider the request and make a recommendation to the Township Committee whether the request should be approved, denied or approved with conditions. The Township Committee shall then make the final decision and notify the applicant.
