~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PRACTICING PRESERVATION: Advocacy to Zoning ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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1 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PRACTICING PRESERVATION: Advocacy to Zoning ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Course No. 11SHPO4 DREW UNIVERSITY - CERTIFICATE IN HISTORIC PRESERVATION PROGRAM Tuesdays, 7-9 p.m., Spring Term (March 29 - May 31, 2011) 2 CEUs BROTHERS HALL Instructor: Wayne T. McCabe, P.P. McCabe & Associates, Inc. 83 Main Street Newton, New Jersey (973) (Monday - Friday, 8:00 a.m. - 5:00 p.m. and sometimes both earlier and later in the day) Fax - (973) sussexhistorian@juno.com Course Objective: This course provides an overview and detailed look at the legal, economic, and community planning aspects of historic preservation in New Jersey. The students will discuss land use and preservation law, federal and state standards, the integration of preservation with municipal planning, redevelopment and environmental goals, advocacy and community activism. Emphasis will be placed on obtaining a sound working understanding of the New Jersey Municipal Land Use Law, and the other regulations promulgated by the State of New Jersey affecting land use at the municipal level. Let me say this up front THIS IS NOT AN EASY CLASS. Final Product Requirements: The final product each student will be responsible for will include a written report. Each student will select a building, structure, site or object that has architectural and/or historical merit and which is or may potentially be threatened or endangered. The student is to prepare the basic research and documentation regarding the building, structure, site or object, and will prepare a brief written summary on the history of that building or site. The written report, which is to be turned into the Instructor during the class session of Week No. 10, should generally be broken down into the following areas: purpose of study; reason for the selection of the specific building or site; a description of the building or site and the surrounding area; statement of research methodology and sources used for the project; analysis of the threat to the building or site; process by which specific actions can be taken to 1

2 counter the threat; conclusions and recommendations; graphics; appendices; and, bibliography. Papers are normally in excess of 15 pages in length. Additionally, three (3) students will be selected to make presentations of their class project in front of a mock Historic Preservation Commission, Planning Board, Zoning Board of Adjustment or governing body, as the instance will require, during Week No.9 and three (3) more during Week No.10. Presentations will be limited to FIFTEEN (15) minutes MAXIMUM per student, leaving sufficient time for questions from the board and the public. The oral presentations may include printed handouts, but not projected graphics. Course Policies: Students are expected to attend each of the 10 scheduled classes and will be responsible for approximately two to three hours of homework per class session. A grade of either P (pass) or NC (no credit) will be assigned based on a student's successful completion of all course work. Assignments are due as outlined in the syllabus below; late work will not be accepted without prior arrangement with the Instructor. Please note that more than two unexcused absences will result in a grade of NC. Course Outline / Assignments: TEXT: The Politics of Historic Districts - A Primer for Grassroots Preservation by William E. Schmickle, AltaMira Press (division of Rowman & Littlefield Publishers, Inc.), copyright NOTE: This book will be referred to during the lectures - it is recommended for use as background reading purposes - but no specific sections will be required reading for the class. Municipal Land Use Law - Chapter 291, Laws of N.J as amended; which you can download from: e%20notes/new%20jersey%20municipal%20land%20use%20law% pdf Week 1: INTRODUCTION Tuesday, March 29, 2011 Review of first night information Overview of the course objectives and requirements The Players on the national, state and local level. Discussion regarding the selection of class projects Initial discussion of the New Jersey Municipal Land Use Law 2

3 - Special Studies - Master Plan - Ordinances - Planning Board - Zoning Board of Adjustment - Historic Preservation Commission - C.40:55D -1 through 22 - General Provisions; C. 40:55D Master Plan; C. 40:55D - 89 and 90 - Periodic Reexamination of Municipal Plan and Regulations; and, C. 40:55D - 62 through 68 - Zoning in the New Jersey Municipal Land Use Law. Week 2: MUNICIPAL MASTER PLAN, SPECIAL STUDIES AND ZONING Tuesday, April 5, 2011 Discussion on municipal master plans, special studies, redevelopment plans and how they are adopted. Discussion will also address zoning, land use regulation, subdivision and site plan ordinances. - C. 40:55d - 23 through 27 - Municipal Planning Board; C. 40:55D - 37 through 58 - Subdivision and Site Plan Review and Approval; and, C. 40:55D - 69 through 76 - Zoning Board of Adjustment in the Municipal Land Use Law. - Highlands Preservation Act of (Can be obtained on line). Week 3: MUNICIPAL PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT Tuesday, April 12, 2011 Discussion on the role and functions of the municipal Planning Board and the Zoning Board of Adjustment, as well as when these boards are combined.. A portion of the discussion will also address the Highlands Preservation Act. Additionally, there will be a detailed discussion on subdivisions and site plans, how to read them and what you should be looking for. This discussion may be carried into the following week. - C: 40:55D -107 through 112 pertaining to the Municipal Historic Preservation Commission in the New Jersey Municipal Land Use Law. 3

4 Week 4: MUNICIPAL HISTORIC PRESERVATION COMMISSIONS Tuesday, April 19, 2011 Municipal Historic Preservation Commissions Set-up Advisory vs. regulatory Member classification Purpose of ordinance Standards Keeping a record Process Coordination with other boards - Section 106 Regulations Summary - Protecting Historic Properties: A Citizens Guide to Section 106 Review - What is Section 106 Review? and Flow Chart - 36 C.F.R. Part 67 - What are the National Register Criteria? - Questions and Answers About the "SHPO" - Antiquities Act of 1906 (download) - Historic Sites Act of 1935 (download) - Historic Preservation Act of 1966 (download) Week 5: HISTORY OF THE PRESERVATION MOVEMENT Tuesday, April 26, 2011 Discussion of the regulatory framework for historic preservation, including the Section 106 Review process and federal regulations and how they tie into local planning. - A Five Minute Look at NJ Register Reviews - NJ Register of Historic Places Act, New Jersey Laws of 1970, Chapter 268 and Regulations for Project Authorization - The New Jersey & National Registers of Historic Places Fact Sheet - The New Jersey & National Registers of Historic Places vs. Local Historical Designation - When Preservation Commissions go to Court 4

5 Week 6: THE REGULATORY FRAMEWORK FOR HISTORIC PRESERVATION Tuesday, May 3, 2011 Discussion concerning court decisions relatives to historic preservation and the New Jersey Historic Places Act, along with state regulations and how they interact with local planning. Additionally, time during the session will be allocated to a brief discussion of the different projects being undertaken by each student. - Questions and Answers About the "SHPO" - What are the Historic Preservation Tax Incentives - Why Not Take the Next Step - New Jersey's Certified Local Government Guidelines - Preserving Your Community's Heritage - Historic Preservation Easements - Preservation Tax Incentives for Historic Buildings - Useful Web Sites - Preserving Your Community s Heritage Through the Certified Local Government Program. Week 7: TOOLS FOR HISTORIC PRESERVATION Tuesday, May 10, 2011 Tools for preservation: Zoning Conservation districts, historic preservation commissions Easements Ordinances Certified local government program Main Street NJ program Tax abatement, tax credits Special improvement districts Urban enterprise zones Week 8: WHO S JOB IS IT ANYWAY: THE ROLE OF THE PROFESSIONAL DURING A PUBLIC HEARING ON A DEVELOPMENT APPLICATION Tuesday, May 17, 2011 Who's job is it anyway: the role of the professional. A discussion about the roles and responsibilities of the various professionals involved with municipal planning boards, zoning boards of adjustment and historic preservation commissions, especially during the public hearing on an application for development. 5

6 Week 9: Class Presentation - Session I Tuesday, May 24, 2011 Oral presentations will be made by three (3) members of the class, who will defend their class project in front of a mock Historic Preservation Commission, Planning Board, Zoning Board of Adjustment or municipal governing body, as the case may require. Members of the class will be impaneled to form the hearing board, while others will take the roles of local citizens attending the meeting. Week 10: Class Presentation - Session II Tuesday, May 31, 2011 Oral presentations will be made by three (3) members of the class, who will defend their class project in front of a mock Historic Preservation Commission, Planning Board, Zoning Board of Adjustment or municipal governing body, as the case may require. Members of the class will be impaneled to form the hearing board, while others will take the roles of local citizens attending the meeting. Submission of written reports by all students Wrap-up and Student class evaluations prepared and returned 6

7 Drew University's Historic Preservation Program Spring, 2011 Important Preliminary Information for Students Practicing Preservation: Advocacy to Zoning Course No. 11SHP04 Begins on Tuesday, March 29, 2011 at 7:00 P.M. BROTHERS HALL Parking Arrangements: It is necessary for students in these courses to purchase a parking permit at a cost of $20 (or at least it used to be) for the academic year. If you have not already done so, you may purchase your parking permit on the first night of the course. Please pay in cash or by check made payable to Drew University. Be sure to bring your driver's license, your insurance information, and the number on your license plate. Students should also be alert to the fact that the church gate (at the eastern end of the campus) will be closed when you leave the campus after your class. Exit through the Lancaster Road Gate, the only gate remaining open at 8:00 p.m. Course Materials: The Politics of Historic Districts - A Primer for Grassroots Preservation by William E. Schmickle, AltaMira Press (division of Rowman & Littlefield Publishers, Inc.), copyright Municipal Land Use Law - Chapter 291, Laws of N.J. 1975; and can be downloaded on line from the N.J. Department of Community Affairs. The New Jersey Highlands Water Protection Act, can be obtained on line from the New Jersey Highlands Commission web site. There will be additional reading materials required for the class, which will be handed out at the first class session. Other questions? Call Drew's Office of Continuing Education, (973) , and ask for Patricia Laprey. 7

8 Practicing Preservation: Advocacy to Zoning Course No. 11SHP04 DOWNLOADABLE SOURCES OF COURSE READING MATERIAL 1. Municipal Land Use Law - Chapter 291, Laws of N.J For a brief overview of those sections pertaining to historic preservation: For a complete copy of the Municipal Land Use Law: Pages/2008Lecture%20Notes/New%20Jersey%20Municipal %20Land%20Use%20Law% pdf 2. The Secretary of the Interior s Standards for the Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings. 3, INCENTIVES! A Guide to the Federal Historic Preservation Tax Incentives Program for Income-Producing Properties 4. New Jersey Highlands Water Protection and Planning Act 5. National Historic Preservation Act of Historic Sites Act of

9 7. Antiquities Act of