TOWNSHIP COMMITTEE MEETING
JANUARY 9, 2006
The regular meeting of the Township
Committee of the
In accordance with Section 5 of the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided:
(1) Posted on December 7, 2005 on the Bulletin Board of the Municipal
Office at 23-A North Main Street, Cranbury, New Jersey and remains posted at that location.
to the Cranbury Press, Home News Tribune and
(3) Was filed on December 7, 2005 with a Deputy Municipal Clerk at the Cranbury Municipal Office, 23-A North Main Street, Cranbury, New Jersey and remains on file for public inspection, and
(4) Sent to those individuals who have requested personal notice.
Committee Minutes of January 9, 2006
On motion by Ms. Stave, seconded by Mr. Stannard and unanimously carried, the minutes of December 19 (with Mr. Wittman abstaining) 2005, December 30 (with Messrs. Wittman and Stout abstaining) 2005 and January 3, 2006 were adopted.
Reports and Communications
Mayor Panconi announced he had conducted his first Mayor’s hours the previous Saturday, January 7, 2006 from 8:30 a.m. until 10:30 a.m. and no residents had shown up.
--Members of Committee
Mr. Stannard reported he and Mr. Stout had attended the Planning Board meeting earlier in the week and one of the topics for discussion had been whether or not they were required to do anything else in reference to the H.P.C. Ordinance. The Planning Board determined since they had approved the changes and the Ordinance was coming back to the Township Committee, further action from the Planning Board was not necessary.
Ms. Cunningham, Clerk, announced one Resolution, Cranbury Township Resolution # R 01-06-019 was being deleted from the Consent Agenda.
An Ordinance entitled, “Cranbury Township Ordinance # 01-06-01, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY AUTHORIZING A NON-EXCLUSIVE LEASE OF THE GOURGAUD GALLERY IN TOWN HALL TO THE CRANBURY ARTS COUNCIL”, was introduced for first reading. Ms. Waterbury, Township Attorney, gave a brief summary of the Ordinance and Ms. Stave requested Mr. Witt, Township Administrator call Mr. Bob Virgadamo of the Arts Review Committee to explain to him why the Township Committee
did not reappoint the Arts Review Committee members, as it was not necessary due to the Ordinance being introduced and later adopted putting the Arts Council in charge. Ms. Stave indicated she did not want there to be any misunderstanding. On motion by Ms. Stave, seconded by Mr. Wittman, the Ordinance was passed on first reading by vote:
Ayes: (Panconi Absent: (None
(Stout Abstain: (Non
Public Hearing: January 23, 2006
WHEREAS, the Township of Cranbury is a municipal corporation of the State of New Jersey, having its principal offices located at 23A North Main Street, Cranbury, New Jersey 08512 ("Township"); and
WHEREAS, there exists within the Township's Town Hall municipal building ("Town Hall") certain first floor space designated and commonly known as the Gourgaud Gallery ("Gallery"); and
WHEREAS, the Gallery was established in the mid-1970s through a grant from the Eva Gebhart-Gourgaud Foundation in order to provide a space within Town Hall dedicated to the arts and cultural programming; and
WHEREAS, the Cranbury Arts Council is a not-for-profit corporation of the State of New Jersey with tax-exempt status pursuant to State and Federal law, having a principal address of P.O. Box 643, Cranbury, New Jersey 08512 ("Arts Council"); and
WHEREAS, the Arts Council is organized to
foster, support, educate, inspire and promote artists and art appreciation in
WHEREAS, the Arts Council has a history of providing high quality art oriented programs, workshops and performances involving, benefiting and for the enjoyment and enrichment of the residents of the Township of Cranbury; and
WHEREAS, N.J.S.A. 40A:12-14 permits a municipal corporation to lease any real property, capital improvement or personal property not needed for public use to a non-profit corporation or association for a public purpose; and
WHEREAS, at this time, the Township does not require full-time use of the Gallery; and
WHEREAS, the Arts Council seeks to lease the Gallery from the Township and the Township wishes to lease the Gallery to the Arts Council for a public purpose, to wit: providing high quality art-oriented programs, workshops and performances in an effort to keep the creative spirit alive in the children, adults, seniors and residents of the Township of Cranbury; and
WHEREAS, the public would enjoy great benefit by such activities and programs within the Gallery.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the
1. The factual recitals contained in the foregoing "Whereas" clauses are incorporated herein as if fully restated.
2. Pursuant to N.J.S.A. 40A:12-14(c), the Township Committee of the Township of Cranbury, Middlesex County, New Jersey, does hereby authorize the Township of Cranbury ("Township") to lease certain first floor space designated and commonly known as the Gourgaud Gallery ("Gallery") within the Township's Town Hall municipal building located at 23A North Main Street, Cranbury, New Jersey, to the Cranbury Arts Council ("Arts Council"), a not-for-profit corporation of the State of New Jersey, for the purpose of providing high-quality art-oriented programs, workshops and performances in an effort to keep the creative spirit alive in the children, adults, seniors and residents of the Township of Cranbury. Said lease shall be subject to the following essential terms:
a. The initial term of the Lease Agreement shall be five years and, unless terminated or renegotiated by the Township or Arts Council prior to the expiration thereof, shall be automatically renewed under the same terms, covenants, conditions and provisions as permitted by N.J.S.A. 40A:12-15;
b. The total rent during the term of the Lease Agreement shall be One Dollar ($1.00);
c. The Lease Agreement shall not serve to provide the Arts Council with exclusive use of the Gallery;
d. The Township reserves the right to use and occupy the Gallery at any time as may be needed for meetings and/or any other Township business, including use by the Township's Boards, Commissions, Committees or other entities;
e. Arts Council's use of the Gallery shall not interfere with any Township business or activities;
f. Pursuant to N.J.S.A. 40:12-14(c), the Arts Council shall submit to the Township Administrator, no later than December 31st of each calendar year during which the Lease Agreement is in effect, a written report setting forth: (1) the uses to which the leasehold was put during that year; (2) the activities Arts Council has taken in furtherance of its public purpose for which the leasehold was granted; (3) the approximate value or cost, if any, of such activities; and (4) an affirmation of the continued tax-exempt status of the Arts Council pursuant to both State and Federal law; and
g. The Township shall not be responsible for guarding, monitoring, supervising or providing security for the Gallery or exhibits, nor shall the Township be liable in any way for any damage, theft, loss or other peril to any artwork or exhibit displayed, stored or contained within the Gallery, Town Hall or other Township property.
3. Pursuant to the requirements of N.J.S.A. 40A:12-14(c), the Township Administrator of the Township of Cranbury is hereby designated as the authorized representative of the Township, responsible for enforcement of the terms and conditions of the Lease Agreement.
4. The Mayor and Clerk are hereby authorized and directed to sign the Lease Agreement attached hereto as Exhibit A, or such other substantially similar agreement, the terms and form of which have been reviewed and approved by the Township Attorney.
5. This Ordinance shall take effect upon final adoption and publication, as provided for by law.
An Ordinance entitled, “Cranbury Township Ordinance # 01-06-02, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY REPEALING IN ITS ENTIRETY CHAPTER 93 OF THE CODE OF THE TOWNSHIP OF CRANBURY AND REPLACING IT IN PART WITH NEW CHAPTER 21 IN PART I OF THE CODE, ENTITLED “HISTORIC PRESERVATION COMMISSION,” AND NEW CHAPTER 93 IN PART II OF THE CODE, ENTITLED “HISTORIC PRESERVATION”, was introduced for first reading. Ms. Waterbury, Township Attorney, gave a brief summary of the Ordinance and indicated this Ordinance would make comprehensive changes to the existing Code of the Township’s provision regarding historic preservation. Ms. Waterbury indicated the Ordinance will make changes to the standards and criteria by which the Historic Preservation Commission will be evaluating applications going forward once the Ordinance is put into place. Ms. Waterbury indicated the Ordinance had previously been introduced in the Fall of 2005, referred to the Planning Board and the Planning Board referred it to a subcommittee of the Planning Board who made changes and the Planning Board made substantive changes to the Ordinance and referred it back to the Township Committee late in 2005 and that is why the Ordinance is being re-introduced in 2006. Ms. Waterbury indicated once the Ordinance is introduced it would need to be referred back to the Planning Board and then come back to the Township Committee. Mr. Stout indicated he had discussed with the Planning Board Attorney, Joseph Stonaker, and the recommended changes from the Planning Board. Mr. Stout reported there had been an error with the Planning Board’s recommendations, particularly with Section 93-76-12D, which concerns new constructions or additions. The paragraph should read, “New construction or additions shall be compatible in terms of mass, relationship of solids to voids and color”. Mr. Wittman asked about Page 3, concerning the members of the Commission and the language concerning the Class I and Class III members, “Shall be knowledgeable”. Mr. Wittman asked for a definition of what knowledgeable would be for those particular members and asked what would happen if a knowledgeable person could not be found. Ms. Waterbury, Township Attorney, responded the requirement does allow for those members to be from outside the community. Mr. Wittman asked about Section 21-8, “Conflict of Interest”, raising the question if a member of the Commission had previously done work for an applicant would that be considered a conflict. Ms. Waterbury again responded it would depend how close in time the application came in from when the work had been performed, etc. and it would have to be addressed at the time of the application. Mr. Wittman asked about Page 15, Item #2, building by building inventory of all properties in the district and where all the information would be kept and would it be kept confidential. Ms.
On motion by Ms. Stave, seconded by Mr. Wittman, the Ordinance was passed on first reading by vote:
Ayes: (Panconi Absent: (None
(Stout Abstain: (None
Public Hearing: January 23, 2006
WHEREAS, the historical, cultural, architectural, economic, and social heritage of the Township of Cranbury is given in trust from generation to generation to be used, enriched, and then passed on; and
the character and quality of life in the
historic sites and districts are vital to the education and civic mindedness of
the residents of the
WHEREAS, the welfare of the Township is dependent on the preservation of its historic heritage for the reasons set forth above.
THEREFORE, BE IT ORDAINED by the Township Committee of the
1. New Chapter 21, Historic Preservation Commission, Added. There is hereby added to Part I of the “Code of the Township of Cranbury” (“Code”) new Chapter 21, Historic Preservation Commission, to read as follows:
§ 21-1. Establishment
There is hereby created a Historic Preservation Commission, which is created pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., and which is intended to perform all of the functions of a historic preservation commission pursuant to N.J.S.A. 40:55D-109.
The Historic Preservation Commission shall have the following duties and responsibilities:
A. Identify, record and maintain a system for survey and inventory of all buildings, sites, places, landmarks and structures of historical or architectural significance that is based on the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (Standards and Guidelines for Identification) and that is compatible and coordinated with the State Historic Preservation Office (“HPO”)’s state-wide inventory; and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and related matters.
B. Make recommendations to the Planning Board regarding the Historic Preservation Plan Element of the Master Plan and the impact of each component and element of said Master Plan on the preservation of historic sites and districts. The Commission may provide information to the Planning Board indicating the location and significance of historic sites and districts and may assist in identifying or applying the standards used to assess their worthiness for historic site or district identification.
C. Advise the Planning Board on the inclusion of historic sites and landmarks in the recommended capital improvement program.
D. Advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110 and 111.
E. Establish administrative procedures and/or regulations to carry out the purposes of Chapter 93 of this Code.
F. Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.
A. Positions on the Historic Preservation Commission shall be filled by people interested in, and qualified to contribute to, the preservation of the historic resources of the Township. The membership of the former Historic Preservation Advisory Committee, which was established by former Chapter 93 (now repealed), is hereby continued pursuant to N.J.S.A.40:55D-107 et seq. On expiration of the existing terms, the Mayor shall appoint new members, who may include members of the former Historic Preservation Advisory Committee.
B. The Commission shall consist of five regular members and two alternate members, all of whom shall have a demonstrated interest, competence, or knowledge in historic preservation. Members shall serve without compensation, except that they shall be reimbursed for reasonable and necessary expense incurred in the performance of official business within the guidelines of the budget established for the Commission by Township Committee. All appointments shall be made by the Mayor. At the time of appointment, at least one member shall be designated from each of the following classes:
(1) Class A - A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality;
(2) Class B - A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside outside the municipality;
(3) Class C – Citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment.
Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate
No. 2." Of the regular members, one shall be from Class A. one from Class B, and three from Class C.
C. Alternates. The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
D. Committee Liaison. The Township Committee shall designate one of its members to act as a liaison between the Historic Preservation Commission and the Township Committee.
(1) Members of the Historic Preservation Commission who have been appointed under former Chapter 93 (now repealed and replaced with new Chapter 93) shall continue in office until the expiration of their respective terms. Thereafter, the term of a regular member shall be four years; the term of an alternate member shall be two years.
(2) Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment.
(3) Vacancies shall be filled within sixty days. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
§ 21-4. Budget
The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Committee, unless the Township Committee by appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use. In the event that the Commission receives gifts or grants, they will be placed in a dedicated fund for the exclusive use of the Commission.
§ 21-5. Finances
The Township Committee shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in
its review of development applications and applications for certificates of approval. These fees are in addition to any other fees required under any portion of this or any other applicable Township Ordinance.
§ 21-6. Annual Report.
The Historic Preservation Commission shall prepare an annual report to the Township Committee that shall be available to the public and placed on file in Town Hall. The report shall detail all activities of the Commission, including problem solving and advisory support.
A. The Commission shall adopt written rules for the transaction of its business. Such rules shall not be inconsistent with the Municipal Land Use Law and the provisions of new Chapter 93 of this Code and shall include, but not be limited to, rules pertaining to all notices and hearings required herein and rules prohibiting conflicts of interest. Copies of the Commission’s bylaws or rules shall be made available to the public for inspection and copying.
B. In order to make information available to the public that is useful to the preservation and protection of historic districts and sites and to provide the basis for consistency of policy, the Commission shall maintain complete files and records. The Commission’s files shall include, but not be limited to, data used in the classification of buildings, places and structures, minutes of Commission meetings, applications for certificates of approval and related data, decisions and appeals, and information, materials and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available but a formal verbatim record shall not be required.
C. The Commission secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions and applications. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act. Copies of all minutes shall be maintained in the office of the Commission and shall be delivered promptly to the Township Clerk.
D. Copies of records shall be made available to municipal bodies, agencies, and officials for their use. When the Planning Board or the Zoning Board of Adjustment refers an application to the Historic Preservation Commission, the referring Board shall receive a copy of the Commission’s report.
A. No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property that is the subject of an application, mere ownership or residence in a designated historic district and/or ownership of a designated historic site or a non-designated site shall not be deemed a personal or financial interest.
B. A member of the Commission may be removed by the Township Committee for cause, provided that if the Commission member so requests, the Township Committee shall be required to hold a public hearing first.
A. The Historic Preservation Commission shall establish and post in the municipal building a schedule of regular meetings, and shall hold a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of applications to process, provided that in no event shall the Commission hold fewer than four meetings per year. Special meetings may be called by the chair or, in the absence of the chair, the vice-chair, or on the request of any two Commission members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.
B. A quorum for the transaction of business shall be three members. A majority vote of those present and voting shall prevail, and shall be sufficient to grant or deny a certificate of approval. When acting to grant or change a historic site or historic district designation or to approve a demolition or relocation application, a majority of the full authorized membership shall be required.
C. A member absent from the meeting(s) at which an application or matter was heard shall be eligible to vote on the application or matter, notwithstanding his or her absence from the meeting(s), provided that the member has available a transcript or recording of all the meeting(s) from which the member was absent and certifies in writing to the Commission that he or she has read such transcript or has listened to such recording.
D. The Historic Preservation Commission shall hold public hearings to review all applications for certificates of approval, referrals of development applications and other business of the Commission.
E. Failure on the part of a Commission member to attend three or more consecutive meetings without the specific permission of the Chair shall result in that member’s removal from the Commission.
§ 93-1. Purpose and Objectives.
The purpose of this chapter is to implement the Historic Preservation Element of the Master Plan, to provide guidance to property owners in achieving preservation of historic resources, and to advance the public welfare, in order to:
A. Safeguard the heritage of the Township by preserving resources that reflect elements of the Township's cultural, social, agricultural, economic, archeological, scenic and architectural history.
B. Encourage the continued use of historic sites and intervening and surrounding properties in historic districts, and to facilitate their appropriate re-use.
and develop an appropriate and harmonious setting for historic resources within
D. Encourage any alteration or new construction to be in keeping with the historic character of the Township.
E. Discourage the unnecessary demolition, alteration or removal of historic resources.
F. Encourage the proper maintenance and preservation of historic settings and landscapes.
G. Enhance the visual, aesthetic, and historic character of the Township.
H. Promote the conservation of historic sites and districts, and invite voluntary compliance with the standards of this Chapter.
I. Foster civic pride in the beauty and historic roots of the Township.
ADMINISTRATIVE OFFICER — For the purposes of this chapter only, the municipal employee or officer, appointed by the Mayor, who is responsible for the various administrative duties set forth herein below.
CERTIFICATE OF APPROVAL — A report issued by the Historic Preservation Commission approving any new construction or any addition to or alteration, relocation or demolition of a structure, located on a designated historic site or in a historic district or historic buffer area.
HISTORIC BUFFER AREA – A 200-foot buffer, measured from the lot line, surrounding a designated historic building, landmark or site other than a historic building, landmark or site located within a historic district.
HISTORIC DISTRICT – One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites. For the purposes of this chapter, “historic district” shall further mean such district or districts as are identified on the zoning map of the Township pursuant to N.J.S.A. 40:55D-65.1.
HISTORIC LANDMARK – See the definition of “historic site” below.
HISTORIC RESOURCE — Any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the Historic Preservation Element of the
HISTORIC SITE -- Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical archaeological, cultural, scenic or architectural significance. For the purposes of this chapter, “historic site” shall further mean such sites as have been designated in the Master Plan as meeting the above-listed criteria.
INTEGRITY — The ability of a property or element to convey its historic significance; the retention of those essential characteristics and features that enable a property to effectively convey its significance.
MINOR APPLICATION — An application for a certificate of approval that:
A. Requests approval of fences, signs, lighting, doors, windows, roofs, paving, exterior sheathing, trim, shutters, gutters or streetscape work that strictly comply with the adopted design guidelines for the proposed improvement. If the design guidelines contain a discretionary standard requiring in any way the exercise of judgment, the application shall be referred to the full Commission; or
Any application that involves either (a) the demolition, relocation or removal of a historic site, or (b) new construction, including additions, on property located within a historic district, shall be classified as a major application.
NON-CONTRIBUTING BUILDING — A building, site, structure or object that does not add to the historic architectural qualities, historic associations or archaeological values for which a resource is significant because: (1) it was not present during the period of significance; (2) due to alterations, disturbances, additions or other changes, it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period; or (3) it does not independently meet the National Register criteria.
ORDINARY MAINTENANCE AND REPAIR — Repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship. Ordinary maintenance shall further include in-kind replacement of exterior elements, signs, or accessory hardware, using the same materials and workmanship and having the same appearance.
PRESERVATION — The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic materials.
PROTECTION — The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from damage or destruction.
RECONSTRUCTION — The act or process of reproducing by means of new construction the form, features and detailing of a non-surviving site, landscape, building, structure or object, or any part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location, when documentary and physical evidence is available to permit accurate reconstruction.
REHABILITATION — The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural and cultural values.
RESTORATION — The act or process of accurately re-establishing the form, features and character of a property and its setting as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period.
SHALL – The designation of a mandatory course of action that may be enforced.
SHOULD – The designation of a strongly recommended course of action.
STREETSCAPE — The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, color, sidewalks, curbing and landscaping.
SURVEY — The process of identifying and gathering data on the Township's historic resources. It includes a field survey that is the physical search for and recording of historic resources on the ground, preliminary planning and background research before the field survey begins, organization and presentation of survey data as the survey proceeds, and the development of inventories.
B. Criteria for Designation. The criteria for evaluating and designating historic districts and sites should be consistent with the National Register criteria. The Commission shall identify buildings, structures, objects and sites within the Township that merit designation and protection and that meet the criteria set forth in this chapter. The Commission or any interested party may recommend designation of historic sites or districts that have integrity of location, design, setting, materials, workmanship and association and that meet one or more of the following criteria:
(1) Character, interest, or value as part of the development, heritage or cultural characteristics of the Township, State or nation.
(2) Association with events that have made a significant contribution to the broad patterns of national, state or local history.
(3) Association with the lives of persons significant in national, state or local history.
(4) Embodiment of the distinctive characteristics of a type or period of construction, architecture, or engineering or of a method of construction.
(5) Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Township, State or nation.
(6) Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative.
(7) Unique location or singular physical characteristics that make a district or site an established or familiar visual feature.
C. Procedures for Designation.
(1) Interested parties, concerned citizens, or Township officials or agencies may contact the secretary to the Commission to request consideration of a proposed historic site or district. Based on its review, the Commission shall make a list of sites and districts that it proposes to nominate for designation and shall institute the designation procedures set forth herein below.
(2) The formal historic district nomination shall include a building-by-building inventory of all properties within the district, photographs of all properties within the district, a physical description and statement of significance that address the criteria for designation, a description of the location and boundaries of the district, and a map showing the location of the district.
(3) The formal historic site nomination shall include a photograph of the site, a copy of the tax map sheet on which the property is located, a physical description of the property and statement of significance that address the
(4) criteria for designation, a description of the location and boundaries of the site or district, and a map showing the location of the site.
(5) The list of proposed historic sites and historic districts, with accompanying information in support of the designation, including lot and block numbers and street addresses where available, shall be subject to review at a public hearing before the Commission.
(6) After the preparation of the list of properties that it proposes for designation, and at least ten days prior to the date scheduled for the hearing, the Commission shall, by certified mail, return receipt requested, notify each owner of a proposed historic site, or the owner of a property within a proposed historic district, of the date and time of the hearing and that his or her property is being considered for historic designation.
(7) At least ten days before the hearing, a preliminary list and map showing the proposed historic sites and districts shall be published, together with a notice of the hearing, in the official newspaper of the Township.
(8) At the hearing, interested persons shall be entitled to present their opinions, suggestions, and objections to the proposed recommendations for the historic site or district designations.
(9) Upon review of the proposed site or historic district, and after hearing the comments of the public, if any, the Commission shall forward the proposed site or district nominations and a complete list of involved properties to the Planning Board, accompanied by a report of its recommendations for sites and districts to be identified in the Historic Preservation Element of the Master Plan and designated as historic sites or districts in the Land Development Ordinance (Chapter 150 of this Code) and the criteria used in making its recommendations. Copies of the report shall be delivered to the Planning Board and the Township Clerk, and a notice of the action published in an official newspaper of the Township by the Commission.
(10) In addition to any notices required for amendment to the Master Plan, notification of proceedings before the Planning Board shall be by public notice in the official newspaper of the Township and by prominent posting on the municipal bulletin board in Town Hall at least thirty days prior to the Planning Board hearing. All other requirements of the Municipal Land Use Law regarding adoption of or amendments to the Master Plan and development regulations shall be followed.
(10) After Planning Board review and adoption of a revised Historic Preservation Element of the Cranbury Township Master Plan that includes the historic sites and districts, the Commission shall submit the list of proposed historic sites and districts and a map to the Township Committee for adoption to amend the Land Development Ordinance. In the event that the Planning Board does not recommend inclusion of the sites or districts in the Historic Preservation Element, the Commission may nevertheless request that the Township Committee consider designation pursuant to N.J.S.A. 40:55D-65.1.
§ 93-4. Duties and Responsibilities of the Administrative Officer.
The Administrative Officer shall have the following duties and responsibilities:
A. In accordance with section 21-7.B of this Code, maintain all of the Commission’s files and records.
B. In accordance with section 21-7.C of this Code, prepare and maintain minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions, and applications.
C. In accordance with section 21-27.C of this Code, cause all meetings to be noticed and conducted pursuant to the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-1 et seq.
D. In accordance with section 93-6 of this chapter, ensure that copies of any written reports regarding development applications referred to the Commission be provided to the referring Board.
E. In accordance with sections 93-5 of this chapter, review all applications to (a) determine whether the proposed work requires a certificate of approval and (b) determine whether the application is complete.
F. In accordance with section 93-5.C(11) of this chapter, from time to time inspect any work approved by the Commission and regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with the certificate of approval.
G. In accordance with section 93-5.E(2) of this chapter, review and process any applications for emergency repairs.
H. In accordance with section 93-5.F, process requests for informational meetings or conceptual review.
I. In accordance with section 93-10 of this chapter, provide assistance as needed to other municipal officials as to whether proposed work requires a certificate of approval.
J. Perform such other tasks and attend to such other matters as the Commission or Township Committee may from time to time require.
A. When Required. A certificate of approval issued by the Commission shall be required before a permit is issued or before work can begin, for any of the following activities within a historic district or historic buffer area or on a historic site:
(1) Demolition or relocation of any building, improvement, or structure, as set forth in section 93-8 below.
(2) Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or repair, other
(3) than ordinary maintenance and repair as defined herein and set forth below.
(4) Any addition to or new construction of a principal or accessory building or structure.
B. When Not Required. A certificate of approval shall not be required for any of the following:
(1) Changes to the interior of structures.
(2) Changes to the exterior of structures that strictly meet the standards for ordinary maintenance and repair as defined in this chapter and as determined by the administrative officer in keeping with the procedures set forth below:
(a) The administrative officer shall determine whether the proposed work strictly meets this chapter’s definition of ordinary maintenance and repair, and may request appropriate documentation to conduct his or her review. If the proposed work does not strictly meet this chapter’s definition of ordinary maintenance and repair, the administrative officer shall refer the application to the full Commission.
(b) If the administrative officer has any doubt as to whether the work constitutes ordinary maintenance and repair, the administrative officer shall refer the request to the Commission.
(c) No fee or application shall be required for the administrative officer’s review.
(3) Emergency repairs, under limited circumstances only and subject to the provisions of subsection 93-5.E below.
C. Procedure for Obtaining a Certificate of Approval.
(1) Applicants requiring a certificate of approval shall complete an application form and shall file the completed application with the administrative officer.
(2) Each application shall be accompanied at a minimum by the following:
(a) Sketches, drawings, and other information to show the proposed alterations, additions, changes or new construction;
(b) A property survey, if available;
(c) In the case of applications for approval of the demolition or relocation of a building or structure only, current and archival photographs of the interior and exterior of said structure and drawings to document its condition;
(d) Any additional information the applicant deems relevant or helpful, such as photographs, descriptions and any historic survey information.
(3) The Commission may require the subsequent submission of such additional materials as it reasonably requires making an informed decision.
(4) The administrative officer shall review the application for technical completeness. If the application is determined to be incomplete, the applicant shall be notified in writing within ten days of filing. If the applicant is not so notified, the application shall be deemed to be complete.
(5) The administrative officer shall review all applications to determine whether they meet the definition of “minor application” set forth in section 93-2 of this Code. Pursuant to N.J.S.A. 40:55D-111, if the application meets the definition of minor application, the chair of the Commission may grant a certificate of approval without holding a public hearing or referring the application to the Commission. If the administrative officer does not find that the application meets the definition, the application shall be scheduled for a public hearing before the full Commission.
(6) The Commission shall review any complete application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed to present evidence in support of the application. However, an applicant shall not be required to appear or to be represented at the meeting and the Commission is authorized to take action on the application even in the applicant's absence.
(7) The Commission’s decision shall be based solely on the evidence presented to it and such facts as may be personally known to its members, provided such facts are stated on the record and the applicant is provided a meaningful opportunity to respond.
(8) Except as set forth below in section 93-5.D regarding historic buffer areas, the Historic Preservation Commission shall issue a certificate of approval if, in the case of an application concerning a designated historic site or landmark or property located within a historic district, it finds the application appropriate to the historic district or site and in conformity with the design guidelines set forth in section 93-7 below.
(9) The Commission shall approve or deny the application within forty-five days of the date on which it was deemed complete, unless the applicant consents in writing to an extension of time. Failure to act within this forty-five-day period shall constitute an automatic approval without conditions.
(10) The applicant shall post the certificate of approval in a conspicuous place on the site visible to the public during the entire period during which the work is taking place.
(11) The administrative officer shall from time to time inspect the work approved by such certificate and shall regularly report to the
Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
(13) Issuance of a certificate of approval shall be deemed to be a final approval pursuant to this chapter, but shall not obviate the need to secure any other approvals required under federal, state, county or local law.
D. Historic Buffer Areas.
(1) For work proposed to be undertaken in a historic buffer area, the Commission shall first determine whether the proposed work will have a significant visual impact on the adjacent historic landmark or site. Significant visual impact shall be determined by the design, appearance and scale of the new construction or alteration and its relationship to the adjacent historic landmark or site.
(2) If the Commission determines that the proposed work will not have a significant visual impact on the historic landmark or site, it shall issue a certificate of approval. If it determines that the proposed work will have a significant visual impact, it shall issue a certificate of approval only if it is satisfied that the work complies with the guidelines and standards set forth in subsections (3)(a) – (e) below.
(3) In order to mitigate or eliminate the visual impact of the proposed work, the following standards and guidelines shall apply:
(a) To the extent possible and appropriate, new construction, additions, or alterations shall be made compatible with the historic building, structure or site in terms of scale, height, design, layout, building materials, and building mass.
(b) Building materials, components, and details such as windows, doors, hardware, and eaves shall be proportional and relate to the existing building and to the historic landmark or structure(s) located on the historic site.
(c) To the extent possible and appropriate, the height of the proposed structure or alteration shall be compatible with the historic landmark or structure(s) located on the historic site.
(d) Buildings of different architectural styles shall be making compatible by such means as screens, sight breaks and materials.
(e) Landscaping shall be used to provide an effective buffer or transition between properties.
(1) When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with any applicable building code, without first obtaining a certificate of approval. Under such circumstances, the repairs performed shall be only those necessary to protect the immediate health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. Where feasible, temporary measures to prevent further damage should be used, provided these measures are reversible without damage to the structure.
(2) The property owner shall make a request for the Commission's review simultaneously with the onset of emergency work. The request shall be made to the administrative officer. Such emergency work shall be permitted only if the administrative officer certifies the immediate necessity for such permit issuance. Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least three members of the Commission shall convene as soon as possible and such convening members shall proceed to review the certificate of approval application as provided for in this chapter. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-9. Subsequent to such review, a certificate of approval may be issued upon a majority vote of the members convened.
(3) No work other than the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained from the Commission after referral of the request by the administrative officer.
F. Informational Meetings/Conceptual Review.
(1) Persons considering action that may require a certificate of approval are encouraged to request an informal or informational meeting with the Commission and/or its chair prior to submitting a formal application. The Commission shall hold said informational meeting within thirty days or at its next regularly scheduled meeting following receipt of the request, whichever is sooner. The purpose of the informational meeting shall be to review the design guidelines and procedure for obtaining a certificate of approval. Neither the applicant nor the Commission shall be bound by any informational meeting or conceptual review.
(2) The Commission shall not hold any informational meetings or consider conceptual review of an application for development unless the application is referred to it by the Planning Board, the Zoning Board of Adjustment, or the Development Review Committee.
§ 93-6. Referral of Development Applications from Municipal Agencies.
A. The Planning Board and Zoning Board of Adjustment shall refer to the Commission every application submitted to either Board for development in a
historic district or historic buffer area or on a historic site designated on the Zoning Map or identified in any component element of the Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegation of one or more of its members or staff to testify orally at the hearing on the application and to explain any written reports that may have been submitted. Any recommendation by the Historic Preservation Commission to the Planning Board or Zoning Board of Adjustment on an application for development shall be considered advisory only.
B. An approval by the Planning Board or Zoning Board of Adjustment, as the case may be, shall not relieve the applicant of the requirement of obtaining a certificate of approval for those aspects of the project not approved by the applicable Board in the review of the application for development.
§ 93-7. Standards, Design Guidelines and Criteria.
A. The Design Guidelines set forth in this section are the criteria by which the Historic Preservation Commission will review applications and determine the appropriateness of proposed work in any historic district or on any historic site. They shall apply to the repair and alteration of existing buildings and historic landmarks, and to the construction of new buildings.
B. The Design Guidelines seek to protect and preserve the distinguishing characteristics of Cranbury's historic village, while allowing expressions of change and adaptation. The underlying principle of these Guidelines is respect for the existing built environment.
reviewing an application for a certificate of approval, the Commission shall
consider the setting, design, arrangement, texture, details, scale, shape,
materials, finish, color, streetscape, and related outbuildings and the
relationship of those characteristics to the historic, architectural, cultural,
archeological, and aesthetic significance of the historic site or
district. In addition, in interpreting
and applying the standards and criteria set forth herein, the Commission shall
be guided by the principles of the current version of the Secretary of the
Interior Standards for Rehabilitation and the Secretary of the Interior
Standards for the Treatment of Historic Properties with Guidelines for
D. In considering development applications referred to it and in providing its advice to the Planning Board and the Zoning Board of Adjustment on the impact of the provisions of the Land Development Ordinance (“LDO”) on historic preservation, the Commission may consider the applicable use limitations, bulk requirements, and lot coverage restrictions, and the relationship of the proposed work to the streetscape and to the design of adjacent structures.
(1) Site and Streetscape.
(a) The historic features of a particular site and its surrounding environment shall be considered an integral part of any project involving additions or new construction.
(b) New construction or development, to the extent possible, shall be consistent with existing setbacks, alignment, facade orientation to the street, and other site characteristics.
(c) Where a historic building is sited on a lot that differs from the predominant building pattern, the special character of the property, including the size of the lot, the uninterrupted view from the street, the placement of the house and accessory structures, driveways, and other individual site features, shall be preserved.
(2) Building Site. Additions and new construction shall be compatible with the existing pattern of utilization of the building site and the structures to which the site is physically and visually related. Each proposal shall be evaluated in relation to its particular site characteristics, including compatibility of setback, orientation, and rhythm of spacing between buildings. Principal elevations of buildings, which characteristically face the street with a strong sense of entry, shall be maintained.
(3) Garages and Accessory Structures. The siting of a garage or other accessory structure shall be consistent with the development pattern of such structures in the immediate area or in the district in which the property is located. New work shall be compatible with the historic character of the setting in terms of size, scale, design, material, color, and texture. All garages and accessory structures shall be located at the rear of or on an inconspicuous side of the historic building, and limited in size and scale in relationship to the historic building. If the garage or accessory structure is attached to the historic structure, it shall be designed so that there is the least possible loss of historic material and that character-defining features are not obscured, damaged or destroyed. The addition shall be designed in a manner that makes clear what is historic and what is new.
(4) Fences. High berms and modern fence types such as chain link, split‑rail or contemporary metal railings are not appropriate and shall be used only when shielded from public view.
(5) Walkways. Historic walkway materials such as bluestone, slate, and brick shall be retained and re-set when necessary. If replacing concrete with concrete, the texture and color shall be matched. Bluestone, slate, brick, and concrete may be used for new walkways in the public view. Decorative concrete pavers that simulate brick and stone shall not be permitted.
(6) Additions and New Construction. New construction or additions shall be compatible with existing features of the building site and surrounding structures and shall conform to the design guidelines set forth in subsection E.1 hereof regarding site and streetscape.
(7) Size. Size includes the height, width and overall bulk of a building. On a street of generally aligned facades, new buildings shall be within the range of building heights and widths along the block. The overall bulk of additions and new construction shall not overwhelm the original building size or the places to which it is visually related.
(8) Massing. The massing (form and shape) of additions and new construction should harmonize with the original building and the buildings to which it is related. If possible, additions and new construction shall be discernible from the original building. Additive massing, such as the attachment of smaller volumes of related shape, is recommended. Single boxlike forms, to the extent possible, shall be broken up into smaller varied masses with articulated facades. To preserve the historic character of the building's mass, additions shall be located to the rear or on an inconspicuous side of the historic building, and the size and scale of the addition shall be related to the historic building. The integrity of the front facade shall be maintained.
(9) Proportion. The proportion ‑ relationship of height to width ‑ of a building's primary facade shall be visually compatible with the buildings and places to which it is visually related.
(10) Directional Expression. The shape of a structure, placement of openings and other architectural details provide an overall directional expression to a building facade. Buildings may have a vertical, horizontal or no directional emphasis. The vertical, horizontal or non‑directional facade character of new buildings shall be related to the predominant directional expression of nearby buildings. If, for example, a proposed new building appears too horizontal in relation to more vertical adjacent structures, the facade shall be divided into smaller masses with vertical elements in order to conform to the streetscape.
(a) The original shape, pitch, configuration, and material shall be retained and existing materials matched to the greatest extent possible.
(b) The decorative and functional features of the roof, such as eaves, cornices, chimneys, dormers, cupolas, gutters and flashing shall be preserved or, if too deteriorated to repair, shall be replaced with construction, matching the original as nearly as possible in material, size, shape, texture, color and orientation.
(c) Built-in gutters that are integrated into the design of the eaves and cornices shall be maintained. External gutters that are hung at the edge of the roof shall not be permitted on structures with built‑in gutters. Where permitted, hung gutters shall be installed
so as not to interfere with the architectural detail. The use, shape and construction of the gutters should be appropriate to the period of the structure.
(d) Roof additions on existing buildings shall not damage or obscure the historic character of the roof. The roof pitch, plane and detailing of an addition shall be compatible with the main roof. New chimneys, vent stacks, dormers, skylights, mechanical and service equipment, satellite dishes, antennae and solar collectors shall be located so as to be inconspicuous from the public street. New chimneys shall be constructed of masonry, either brick or parged concrete, with a traditional ground‑level base, and shall not be cantilevered over the foundation of the house. New roof dormers shall be designed and placed so as to be in scale, proportion and balance with the roof and the building. Dormers shall complement the roof plane in which they are located. Dormers shall not be placed on the front elevation. Large dormers that extend the entire length of the roof shall not be permitted.
(e) Roof designs for new construction shall harmonize with the shape and rhythm of roofs along the street. Where an area has a predominant roof type, new roofs shall be visually compatible with that type.
(12) Exterior Materials.
(a) Existing buildings or structures.
(1) If possible, original surface materials shall be retained and repaired on existing historic buildings.
(2) In cases where a non‑historic artificial siding has been previously applied to a building, restoration of the historic siding material is recommended.
(3) Existing wood siding on historic buildings shall be retained and repaired. If wood siding is too damaged to repair, it shall be replaced with wood material of like construction, matching the original as near as possible in size, shape, profile, and texture.
(4) When removing paint from wood siding, the use of destructive removal methods such as sandblasting is prohibited.
(5) Historically painted wood siding shall not be stripped or stained to create a "natural" effect.
(6) The original color and texture of masonry walls shall be maintained.
(7) Paint or stucco shall not be removed from historically painted or stuccoed masonry walls. Paint or stucco shall not be applied to historically unpainted or unstuccoed masonry walls.
(8) Masonry or mortar shall only be cleaned when necessary to halt deterioration or to remove heavy soiling, using the gentlest method possible, such as low-pressure water and detergents, and using natural bristle brushes. Sandblasting, caustic solutions, and high-pressure water blasting shall not be used.
(9) Masonry walls shall be re-pointed when there is evidence of disintegrating mortar, cracks in mortar joints, loose bricks, or moisture retention in the walls. New mortar shall duplicate the old mortar in composition, bonding strength, profile, color and texture.
(10) Masonry wall surfaces too damaged or deteriorated to repair shall be replaced with material of like construction, matching the original as near as possible in size, shape, texture and color. If using the same kind of material is not practical or economically feasible, then a compatible substitute material may be considered.
(b) New construction or additions. New construction or additions shall be designed to be compatible in terms of mass, relationship of solids to voids, and color.
(c) Synthetic siding.
(1) Synthetic siding may be used on new structures.
(2) Synthetic siding may be used on new additions visible from the public street only if the synthetic siding is similar to and compatible with the siding on the historic building in terms of size, shape, scale, texture and color.
(3) Synthetic siding may be used to resurface existing historic structures only if the areas to be re-sided are not visible from a public street.
(4) On existing structures, synthetic siding shall be approved only if the following conditions are met:
i) The substitute siding will not endanger the physical condition and structure of the building
(a) The number, size, shape and location of existing windows shall be retained. Windows shall not be blocked in to reduce the size of the opening or to fit stock sizes. New window openings shall not be added to any elevation visible from a public street.
(b) Window frames, sash, decorative glass panes, sills, heads, hoodmolds, moldings, and exterior shutters shall be retained and repaired. New or replacement windows on historic buildings shall be appropriate to the period and style of the building and shall duplicate the material and design of the older feature. Replacement sash of wooden windows shall be wooden. True divided light sash or simulated divided lights shall be permitted. Snap-in muntins shall not be permitted. Replacement sills and window frames shall be constructed to true historical dimensions to match existing sills and frames. If duplication of the original window is not technically or economically feasible (such as replacement of an elaborate stained glass window), a simplified version of the original may be acceptable, in the Commission’s discretion, provided it is of the same size and proportion.
(c) Where newer windows have acquired significance in their own right (such as Colonial Revival changes on older houses), they shall be maintained as evidence of the building's history. Modern windows that are inappropriate to the historic period of the house shall not be used if they are visible from a public street. Modern window types that shall be considered inappropriate include large picture windows, sliding glass doors, casements and bow windows unless they are original to the building.
(d) Replacement shutters on windows shall be wooden, and sized to cover the entire window when closed. Shutters shall be fastened to the window frame, not to the siding. Early shutter hardware such as hinges, holdbacks, and latches shall be preserved. When the use of synthetic materials for shutters is permitted, the material should match the original in size, profile, scale, texture and color.
(e) Interior storm windows are preferable and should be properly designed. Proper design means storm windows with airtight gaskets, ventilating holes, and/or removable clips to ensure proper maintenance and to avoid condensation damage to historic windows. If exterior storm windows are used, they should not damage or obscure the windows and frames.
(f) On a new addition to an old building, or in new construction, windows shall harmonize with the material, scale, proportion, placement and rhythm of windows on buildings to which they are visually related.
(g) Original or early windows shall be preserved whenever possible.
(a) The number, size, shape and location of existing entrances visible from the public street shall not be changed. Primary entrances shall not be moved, and new door openings shall not be added to any elevation visible from a public street.
(b) Doors, including original doorway details such as moldings, decorative glass, hinges and doorknobs, fanlights, sidelights, pilasters, door frames, and finish hardware shall be preserved whenever possible. If a door is too deteriorated to repair, the existing door (or evidence of the building's original or early door) shall be used as a prototype for replacement. New or replacement doors on historic buildings shall be appropriate to the period and style of the building, duplicating the material and design of the older feature to the extent possible.
(c) Doors on a new building shall be compatible with the scale, proportion and rhythm of windows and doors of buildings to which it is visually related.
(a) Historic porches shall not be removed. Porches that are early 20th century additions to older houses shall be retained because they are part of the building's history. Open front porches shall not be enclosed in a manner that results in diminution or loss of historic character by using solid materials such as wood, stucco, or masonry. Recommendations include using large sheets of glass and recessing the enclosure wall behind existing scrollwork, posts, and balustrades.
(b) Original features such as the roof and its decorative cornices, porch columns, railings, balustrades, flooring and steps shall be retained and restored whenever possible. If it is necessary to replace original porch elements with new material, the replacement shall match in material and design and the original feature shall be used as a model for the replacement. Brick, concrete and wolmanized decking material shall not be used to
replace historical tongue and groove wood flooring. Selective repair of porch elements rather than wholesale replacement is recommended.
(16) Trim. Trim refers to the ornamental details applied to a building such as cornices, brackets, pilasters, railings, corner boards, finials, bargeboards, and window and door casings. Historic trim materials may include wood, cast iron, terra cotta, stone, tile or brick. Historic trim shall be retained and repaired. If the historic trim is too deteriorated to repair, it shall be replaced with material that is similar in composition, size, shape, texture and color. Synthetic or substitute materials (such as fiberglass columns) shall be considered only when they are compatible in size, proportion, style, and texture.
(17) Storefronts. Significant surviving storefront elements ‑ including windows, sash, doors, transoms, signs and decorative features – shall be retained and repaired. Accurate restorations based on historical research and physical evidence is encouraged. Consistent with encouraging adaptive re-use of historic buildings, where original or early storefronts no longer exist, or where no evidence exists to document the storefront's original or early appearance, the design of a new storefront shall be compatible with the size, scale, color, material and historic character of the overall building.
A. Certificate of Approval Required.
(1) No structure located in any historic district or on a historic site shall be removed or relocated without a certificate of approval. Subject to the criteria set forth in subsection A(2) below, said approval shall be granted only if the structure cannot be put to a reasonable use and its preservation will impose an undue hardship on the applicant.
(a) The structure’s historic, architectural, cultural and aesthetic significance.
(b) The structure’s current and potential use for those purposes currently permitted by the Land Development Ordinance or for the use proposed.
(c) The structure’s importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the integrity of the historic property or district and the public interest.
(d) The extent to which the structure 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.
(e) The extent to which the structure’s retention would attract tourists, students, writers, historians, artists and artisans, attract new residents, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage, or make the municipality a more attractive and desirable place in which to live.
(f) The probable impact of the structure’s removal upon the ambiance of the historic district or designated historic site.
(g) The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to comply with the requirements of the applicable building codes.
(h) As to relocations only, the compelling reasons for not retaining the structure or improvement at its present site, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the structure or improvement as a result of the relocation.
(i) The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this chapter and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
B. Procedure Where Initial Application for Demolition or Relocation Disapproved.
(2) Notice of Demolition or Relocation Posted and Published. Notice of the proposed demolition or relocation shall be posted on the subject property for a period of at least thirty days in such a manner as to be clearly readable from the street, and shall be published in the Township’s official newspaper at least once a week for a minimum of four consecutive weeks.
(3) Grant of Certificate of Approval. Provided that the Commission is satisfied that that the requirements of subsection B(1) above have been met, it shall issue a certificate of approval.
(5) to recycle or salvage parts of the structure, the owner for thirty days should at his or her discretion afford interested parties and groups the opportunity to remove parts or architectural features from said structure prior to its demolition. The Commission should at its discretion and without liability maintain a list of interested parties and groups and the owner shall provide notice by certified mail to such groups advising of said opportunity to salvage.
(5) For the purposes of satisfying the requirements of this subsection B, the applicant shall not be obligated to accept less than the structure’s fair market value as a historic structure.
C. Approval after change of circumstances. The Commission may at any time during such notice period, if a significant change in circumstances occurs, grant a certificate of approval to demolish, in which event, a permit shall be issued within ten days thereafter.
§ 93-9. Appeals.
A. The actions of the Commission or its administrative officer may be appealed to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(a) and in accordance with the procedures set forth therein, except that the appellant shall pay all costs for copies of any transcript(s) required for the appeal.
B. If the Zoning Board of Adjustment determines that there is an error in any order, requirement, decision or refusal of the Commission or its administrative officer, it shall, in writing, include the reasons for its determination in the findings of its decision thereon.
§ 93-10. Administration, Enforcement, Violations and Penalties.
A. It shall be the duty of any municipal official reviewing a permit application involving real property or improvements thereon to determine whether such application involves an activity that requires a certificate of approval from the Commission. The municipal official may request assistance from the administrative officer in determining whether a certificate of approval is required. If a certificate of approval is required, the municipal official shall inform the administrative officer, the applicant, and the Commission.
B. Upon learning of any violation of the provisions of this chapter, the Township zoning officer shall issue a notice of violation to the owner of the property on which the violation is occurring. Said notice shall describe the violation in detail and shall provide the owner ten calendar days to abate the violation by submitting an application to the Commission for review and approval of the proposed work.
D. Each day that the violation continues beyond the ten-day period set forth above shall constitute a separate offense.
E. Violators shall be subject to the penalties set forth in section 150-104 of this Code as said section may from time to time be amended or renumbered. In addition, the Township may institute any appropriate action or proceeding pursuant to section 150-103 of this Code to enjoin or otherwise prevent the violation from continuing.
If the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship, the Commission shall be empowered to grant such exceptions as may be reasonable within the general purpose and intent of this chapter.
§ 93-12. Other Requirements Unaffected.
The requirements of this chapter shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action otherwise required.
3. Definitions Added and Section 150-7 Amended. The definitions of “Addition” and “Alteration” set forth in section 150-7 of this Code are hereby amended as follows (additions are underlined; deletions are in [brackets]):
ALTERATION – Any change or rearrangement in the supporting members of an existing building such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement or diminution of a building or structures. For the purposes of Chapter 93, Historic Preservation only, the term “alteration” shall mean any change or rearrangement in the structural parts or the means of ingress and egress, as well as any change in doors or windows or any enlargement or diminution of a building or structure, whether by extending on a side or by increasing in height or the moving from one location or position to another, or the change in appearance of the exterior surface of any improvement. Except for any building or structure located in a historic district or designated as a historic site, [A]alteration shall not be construed to mean any necessary repairs and renovation of an existing structure solely for the purpose of maintenance and/or improvements of the appearance.
4. Confirmation of Existing Historic District and Historic Sites. The historic district heretofore designated by Cranbury Township Ordinance # 0-89-22 and the historic sites heretofore designated in the Cranbury Township Master Plan shall continue in full force and effect until amended or replaced in accordance with the procedures set forth in new section 93-3 hereinabove.
5. Severability. If any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the ordinance actually invalid and shall not be deemed to affect the operation of any other portion thereof.
6. Effective Date. This Ordinance shall take effect upon passage and publication and filing with the Middlesex County Planning Board, all as required by law.
An Ordinance entitled, “Cranbury Township Ordinance # 01-06-03, AN ORDINANCE OF THE TOWNSHIP OF CRANBURY IN MIDDLESEX COUNTY, NEW JERSEY ACCEPTING THE DEDICATION FOR RIGHT-OF-WAY PURPOSES OF A PORTION OF OLD TRENTON ROAD AND DIRECTING THE DEDICATION OF SAME BY THE TOWNSHIP TO THE COUNTY OF MIDDLESEX”, was introduced for first reading. On motion by Ms. Stave, seconded by Mr. Stannard, the Ordinance was passed on first reading by vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
Public Hearing: January 23, 2006
BE IT ORDAINED by the Township Committee of the
1. The Township Committee hereby accepts from Baker Residential Limited Partnership, A Connecticut Limited Partnership, Successor-in-Interest to Baker Residential, whose address is 485 Washington Avenue, Pleasantville, New York, 10570 (“Baker”), the dedication of that portion of Old Trenton Road located in the Township of Cranbury between South Main Street (County Route 685) and New Jersey State Highway Route 130, as shown on Cranbury Township Tax Map Sheet 3.02 and as more particularly set forth in the Deed of Dedication attached hereto as Exhibit “A” (or such other substantially similar deed as has been reviewed and approved by the Township Attorney and Township Engineer), for the purposes and upon the terms and conditions set forth in said deed.
2. The Township Committee hereby directs that the Township through its officials, staff and employees in turn dedicate the above-referenced portion of Old Trenton Road to the County of Middlesex for the same purposes set forth in the above-referenced deed, all as required by the County in or about 1996 as a condition of its approval of the construction of the development known as “Cranbury Green.”
3. The Mayor and Clerk are hereby authorized and directed to sign any and all documents and undertake, or cause to be undertaken, any and all acts necessary to effectuate the terms and purposes hereof.
4. This Ordinance shall take effect upon its passage and publication, as required by law.
On motion offered by Ms. Stave, seconded by Mr. Stannard, the following Consent Agenda Resolutions were adopted by vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
NOW, THEREFORE, BE IT RESOLVED, by
I, Kathleen R. Cunningham, Clerk, hereby certify that this is a true copy of a Resolution which was adopted by the Township Committee on January 9, 2006.
Kathleen R. Cunningham, Clerk
A RESOLUTION APPROVING CHANGE ORDER NO. 1 IN CONNECTION WITH CONTRACT NO. 32, WRIGHT SOUTH SOIL REMEDIATION
WHEREAS, a contract for the Wright South Soil Remediation Project (“project”) was awarded to EnviroCraft Corporation on September 26, 2005 for $99,373.00; and
WHEREAS, the Township Engineer has requested the approval of Change Order No. 1 in connection with this project; and
WHEREAS, Change Order No. 1 would allow for the installation of a silt fence to delineate and enclose the area of soil remediation for the project for the cost of $1,500.00; and
WHEREAS, sufficient funds are available for this purpose as set forth on the attached Certification of Availability of Funds, prepared by the Chief Financial Officer;
NOW, THEREFORE, BE IT RESOLVED by
the Township Committee of the
1. Change Order No. 1 is hereby approved.
2. This Resolution, when countersigned by EnviroCraft Corporation, shall serve as a contract amendment to the original Contract for the purpose of confirming an increase of $1,500.00 for a total contract amount of $100,873.00.
I, Kathleen R. Cunningham, do hereby certify that the
foregoing resolution is a true copy of a Resolution passed by the
Kathleen R. Cunningham, Clerk
ATTEST: ENVIROCRAFT CORPORATION
RESOLUTION TO AUTHORIZE A CHANGE IN THE AVERAGE NUMBER OF HOURS OF EMPLOYMENT
PER WEEK REQUIRED FOR “FULL-TIME” STATUS FOR PARTICIPATION IN THE NEW
BE IT RESOLVED;
1. The Township of Cranbury, Middlesex County, New Jersey, NJSHBP LOC.#-0466-00, a participating employer in the NJSHBP, hereby designates 30 hours* per week (average) as the minimum requirement for the full-time status in accordance with NJAC 17:9-4.6.
*May not be less than 20.
2. This change in the number of hours of employment required for NJSHBP eligibility applies to: employees hired after January 9, 2006.
3. Current employees eligible for participation in the NJSHBP under the previous full-time hours of employer definition will be permitted to continue coverage in the Program. The new designation of minimum number of hours worked per week for full-time status as designated in Section #1 will not apply to employees hired prior to the above date.
4. This Resolution shall take effect immediately and the change in full-time hours shall be effective as of March 10, 2006 (allow over 60 days) or as soon thereafter as it may be effectuated pursuant to the statutes and regulations.
I, Kathleen R. Cunningham, Clerk, hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Cranbury Township Committee at a regular meeting held on January 9, 2006.
Kathleen R. Cunningham, Clerk
A RESOLUTION AUTHORIZING THE REDUCTION OF A PERFORMANCE GUARANTEE FOR SUDLER WAREHOUSE
WHEREAS, by letter dated December 1, 2005, Sudler has requested the reduction of their performance guarantee previously posted with the Township in accordance with Planning Board approval and
WHEREAS, the Township Engineer has, in a letter dated December 19, 2005 (attached hereto as” Exhibit A”) recommended that the performance guarantee be reduced and the amount that shall be released is as follows:
Performance Bond $ 190,415.86
Cash Deposit $ 21,157.32
WHEREAS, the amount that shall be retained until all bonded items are complete as follows:
Performance Bond $ 81,606.79
Cash Deposit $ 9,067.42
NOW, THEREFORE, BE IT RESOLVED by the Township
Committee of the
1. It has reviewed, agrees with and hereby accepts all recommendations of the Township Engineer as set forth in “Exhibit A”.
2. It hereby authorizes the reduction of performance guarantees set forth in the Township Engineer’s letter referenced above.
3. The Township hereby accepts the public improvements, if any so designated pursuant to the Planning Board’s approval.
BE IT FURTHER RESOLVED that a copy of this Resolution, certified by the Township Clerk to be a true copy and forwarded to each of the following:
(a) Township Engineer
(b) Township Chief Financial Officer
(c) Steven Spinweber, Sudler
(d) Township Attorney
Kathleen R. Cunningham Clerk
WHEREAS, Rebecca D. Beauregard served as Township Committeewoman from 1990 through 1996 and then again from 2003 through 2005; and
WHEREAS, during both of these terms also served as the Township’s Mayor, as the Township’s Mayor in 1993 and then again in 2005; and
WHEREAS, Mayor Beauregard has supported Open Space for Parks and Recreation, supported the creation of a Babe Ruth baseball field and played a significant role in the Township’s Affordable Housing Program; and
WHEREAS, Mayor Beauregard has made significant contributions to the Township of Cranbury in her many years as both Township Committeewoman and Mayor and also served as a volunteer for many organizations such as The Cranbury Historical Society, The Cranbury Lions Club and serving on the Board of Directors for Cranbury Housing Associates; and
WHEREAS, Mayor Beauregard’s contributions have helped strengthen and enhanced the Township and overall quality of life; and
Mayor Beauregard has tirelessly given of her time, knowledge, experience,
intelligence and loyalty to the
WHEREAS, Mayor Beauregard has now decided it is time to move on;
NOW THEREFORE BE IT RESOLVED by the Township Committee of the Township of Cranbury that Mayor Beauregard be given our deepest gratitude for her years’ of service, and;
FURTHER RESOLVED, that the
I, Kathleen R. Cunningham, hereby certify that this is a true copy of a Resolution which was adopted by the Township Committee at a regular meeting held on January 9, 2006.
Kathleen R. Cunningham, Clerk
A RESOLUTION AUTHORIZING THE ADMIISTRATO RAND/OR CHIEF FINANCIAL OFFICER TO SIGN A LETER OF INDEMNITY TO THE BANK OF TOKYO-MITSUBISHI, LTD.
WHEREAS, on November 9, 2001, the Bank of Tokyo-Mitsubishi, Ltd. (“Bank”) issued Standby Letter of Credit S012437 (“LOC”) in favor of the Township of Cranbury at the request of Rock-Cranbury, LLC, presently set to expire on November 9, 2006; and
WHEREAS, on November 28, 2005, the Township Committee by resolution authorized the full release of the LOC; and
WHEREAS, the original LOC instrument cannot be located; and
WHEREAS, in the absence of this original instrument, the Bank will not cancel the LOC without a letter of indemnity signed by a representative of the Township; and
WHEREAS, the Township Attorney has reviewed and approved the above-referenced letter of indemnity prepared and submitted by the Bank;
THEREFORE, BE IT RESOLVED by the Township Committee of the
I, Kathleen R. Cunningham, Township Clerk of the
Kathleen R. Cunningham, Clerk
Reports from Township staff and professionals
Reports from Township Boards and Committees
There were no reports.
a. Discussion of Township Committee liaison appointments
The Township Committee discussed the 2006 liaison appointments.
The Mayor opened the meeting to public questions and comments on those items not on the agenda. There being no further comments, the Mayor closed the public part of the meeting.
On motion offered by #, seconded by #, the following resolution was adopted by vote:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
RESOLUTION TO CLOSE MEETING TO THE PUBLIC
BE IT RESOLVED, by the Township
Committee of the
The general nature of the subject to be discussed in this session is as follows:
--- Review of Closed Session Minutes of December 19, 2005;
--- Litigation: Tax Appeals and potential settlement;
--- Contracts: Discussion of Barclay North/South Agreement.
It is unknown at this time precisely when the matters discussed in this session will be disclosed to the public. Matters involving contract negotiations or the acquisition of land will be disclosed upon conclusion of the negotiations or upon approval of the acquisition. Matters involving personnel will be disclosed when the need for confidentiality no longer exists. Matters concerning litigation will be announced upon the conclusion of trial or settlement of that litigation or when the need for confidentiality no longer exists.
Date: January 9, 2006.
On motion by Ms. Stave, seconded by Mr. Stannard and unanimously carried, the meeting returned to Open Session:
Ayes: (Panconi Abstain: (None
(Stannard Absent: (None
On motion by Ms. Stave, seconded by Mr. Stout and unanimously carried, the Closed Session minutes of December 19, 2005 were adopted.
On motion by Ms. Stave, seconded by Mr. Stannard and unanimously carried, the meeting adjourned at 9:40 p.m.
Kathleen R. Cunningham, Clerk