A.
A certificate of appropriateness (or "CA") approved by the Commission
shall be required before any work is commenced on any historic landmark
or within any historic district, whether or not a construction permit
is required for such work, including, but not limited to, the following
activities:
(1)
All changes in the exterior architectural appearance of any improvement
within the historic district or of any historic landmark by addition,
alteration or replacement;
(2)
Any new construction on the exterior of an improvement in the historic
district;
(3)
Site plans or subdivisions affecting an historic landmark or an improvement
within the historic district;
(4)
Zoning variances affecting an historic landmark or an improvement
within the historic district;
(5)
Demolition of any building, structure, site, object or improvement;
(6)
Relocation of a principal or accessory building, structure, site,
object or improvement;
(7)
Any addition to or new construction of a principal or accessory building,
structure, site, object or improvement.
B.
Work associated with a development application requiring ultimate
approval by the Planning Board or the Zoning Board of Adjustment is
not exempt from this requirement.
A.
A certificate of appropriateness shall not be required before a permit
is issued by the zoning construction officer for changes to the interior
of a structure.
B.
A certificate of appropriateness shall not be required for exterior
repainting or interior painting of existing structures. If an exterior
material, finish or surface is to be painted which was not previously
painted, a certificate of appropriateness will be required.
C.
A certificate of appropriateness shall not be required if, in the
opinion of the Historic Administrative Officer or Minor Work Review
Committee, the work contemplated constitutes "ordinary maintenance
and repair" as defined by this chapter. In such cases, and if a permit
is required for the proposed work, the Commission shall promptly notify
the zoning/construction official that a certificate of appropriateness
is not required as a prerequisite to the issuance of the permit.
D.
A certificate of appropriateness shall not be required for structural
repairs which do not alter the exterior appearance.
E.
A certificate of appropriateness shall not be required for any changes,
additions or alterations not visible from a public right-of-way, except
for relocation or demolition.
F.
Work may be performed when an historic landmark requires immediate
emergency repair to preserve the continued habitability of the landmark
and/or the health and safety of its occupants or others.
A.
Persons proposing or considering an action that requires a certificate
of appropriateness may present a proposal for informal concept review
and comment by the Commission and shall first hold an informal informational
meeting with the Historic Commission Administrative Officer to review
any design proposals or related issues.
B.
Persons proposing to make application to the Commission in connection
with any action that requires a certificate of appropriateness are
encouraged to first hold an informal informational meeting with the
Commission Administrative Officer to review any design proposals or
related issues before making application.
C.
Neither the applicant nor the Commission shall be bound by any such
review. Informal concept or informational review shall not relieve
the necessity for Commission review for a certificate of appropriateness
pursuant to this chapter.
A.
Pursuant to N.J.S.A. 40:55D-110, the City Planning Board and Zoning
Board of Adjustment shall refer to the Historic Preservation Commission
every application for development submitted to either Board that involves
development involving historic landmarks or involves properties located
within historic districts identified in the City's Historic Preservation
Element of its Master Plan, as updated by regular surveys.
(1)
This referral shall be made when the application for development
is deemed complete or is scheduled for a hearing, whichever occurs
sooner.
(2)
Failure to refer an application as required shall not invalidate
any hearing or proceeding.
(3)
The Historic Preservation Commission may provide its advice on said
application, through oral testimony at the hearing, and/or through
written report(s) that the Commission may provide to the Board concerning
the proposed application.
B.
On all matters referred to the Historic Preservation Commission which
require approval by the City Planning Board and Zoning Board of Adjustment,
the decision of the Commission shall be advisory only.
(1)
In reviewing applications for development, the Commission may comment
and make recommendations on any of the zoning and land use considerations
which are relevant to the application.
(2)
The City Planning Board and Zoning Board of Adjustment, as applicable,
shall consider the testimony and/or written report(s) presented and
may disapprove or change any of the recommendations made by the Commission
by a vote of a majority of its full authorized membership and shall
record in its minutes the reasons for not following such recommendations.
C.
Yard variances.
(1)
It is in the public interest to retain a neighborhood's historic
appearance by approving variances to normal yard requirements.
(2)
Where it is deemed that such variance will not adversely affect neighboring
properties, the appropriate board may grant such variance to standard
requirements if so recommended by the Historic Preservation Commission.
D.
An approval by the City Planning Board and Zoning Board of Adjustment,
as the case may be, does not relieve the applicant of the requirement
of obtaining a certificate of appropriateness from the Commission
for those historic aspects of the work not addressed as part of the
application for development.
A.
Except for the circumstances described in § 148-16 above, no work shall be performed on any historic landmark, historic landmark site or on any building, structure, object, site or improvement located within an historic district until either a certificate of appropriateness has been issued by the Commission for such work or until a determination has been made by the Commission or the Minor Work Review Committee that no certificate of appropriateness is necessary pursuant to § 148-16 above.
B.
All applicants shall complete and submit a preapplication form (appended
to this chapter) for a certificate of appropriateness, as adopted
by the Historic District Commission, not less than 10 calendar days
before a regularly scheduled meeting of the Commission.
(1)
The Historic Commission Administrative Officer may waive this time
requirement if, in his judgment, the application is of an emergent
nature.
(2)
The Historic Commission Administrative Officer shall in all cases
be responsible for receiving and processing the preapplication form
and assuring that it is accompanied by the necessary supporting documents.
(3)
The Historic Commission Administrative Officer shall review the preapplication
form and documents and classify the application in accordance with
the scope of work for which approval is being sought.
A.
Minor work applications, as defined in § 148-6, may be reviewed and approved by the Minor Work Review Committee without holding a public hearing.
(1)
The Historic Commission Administrative Officer shall supply the Commission
at each meeting with the applications and judgements for all minor
applications that occurred since the previous meeting.
B.
A minor work application shall require submittal of information consisting
of:
C.
The Construction Division shall then authorize the applicant to proceed
and issue any required permit associated therewith.
B.
Requirements for a complete major application.
(1)
An application for a certificate of appropriateness shall be accompanied
by appropriate sketches, drawings, photographs, descriptions or other
information as required by the Historic Preservation Commission major
application checklist. The information should include:
(a)
Existing or prior conditions proposed to be altered; and
(b)
Projected future appearance of the structure or site after alterations,
additions, changes or new construction are complete.
(c)
Wherever possible, the application shall include both historical
and contemporary photographs of the exterior of the landmarked site
or structure.
(2)
An application for demolition shall include historical and contemporary
photographs of the exterior and interior of the building or structure
in question, if possible.
C.
The Historic Preservation Commission shall hold a public hearing
and decide on the application for certificates of appropriateness
within 45 calendar days following the referral of a complete application
to the Commission by the Historic Commission Administrative Officer.
(1)
This time may be extended upon the mutual agreement of the Commission
and the applicant.
(2)
Should final action on an application not take place within the prescribed
or agreed-upon time frame, the application shall be deemed to have
been approved.
(3)
The applicant shall have the burden of proof and obligation to establish
entitlement to a certificate of appropriateness by satisfaction of
the applicable standards and criteria in accordance with this chapter.
D.
Form of recommendations issued for major applications that come before
the Commission.
(1)
The Commission shall recommend either the approval, approval with
conditions or denial of the application for a certificate of appropriateness.
(2)
The Commission shall explain, in writing, the reasons for its recommendation.
(a)
The Commission shall provide information sufficient to instruct
the Historic Commission Administrative Officer on how to guide the
applicant in meeting the expectations of the Commission's recommendations.
(b)
The explanation shall focus the effect of the proposed undertaking
on the landmark's historic and/or architectural significance
as set forth in the criteria of this chapter.
E.
The Commission shall clearly set forth its decision with findings
of fact and conclusions in reference to each application.
F.
The Historic Preservation Commission may advise the applicant and
make recommendations in regard to the appropriateness of the proposed
action and may grant approval upon such conditions as it deems appropriate
within the intent, purposes and standards of this chapter and as may
be contained in the The Secretary of the Interior's Standards
for the Treatment of Historic Properties as the Guidelines for Preserving,
Rehabilitating, Restoring and Reconstructing Historic Buildings.
(1)
If an application is approved, the Historic Preservation Commission
shall grant the issuance of a certificate of appropriateness and,
through the Administrative Officer, provide the same to the applicant
along with a certified copy of the resolution.
(a)
In the case of a major application, where the Commission is
persuaded by visual evidence, its own or the applicant's, that
the proposed addition, removal or alteration is not sufficiently visible
from any viewing-point normally accessible to the public to adversely
impact the historic viewscape, the Commission may by majority vote
of the full authorized membership grant a certificate of appropriateness
on that basis.
(2)
In any instance where the Commission disapproves an application,
the Commission, through the Historic Commission Administrative Officer,
shall notify the applicant with a certified copy of the resolution
of that determination. A summary of the Commission's action,
with the full language of the resolution, shall be published in the
official minutes of the Commission, and be made available on request.
(3)
All decisions of the Historic Preservation Commission, whether approval,
approval with conditions or denial, shall be published in the official
newspaper of record as a summary of the Commission's action.
G.
A certificate of appropriateness shall be valid for a period of two
calendar years from the date it is issued by the Commission's
Administrative Officer.
A.
The purpose of this section is to provide uniform standards and criteria
for the regulation of historic landmarks and historic districts for
use by the Historic Preservation Commission.
B.
All projects requiring a certificate of appropriateness and all applications
for development on historic landmarks or in historic districts shall,
in interpreting and applying the standards and criteria set forth
herein, be guided by the principles contained in the most current
versions of The Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring and Reconstructing Historic Buildings. These standards are
adopted as the Commission's design criteria and guidelines pursuant
to N.J.S.A. 40:55D-65.1.
C.
In utilizing The Secretary of the Interior's Standards, the
Commission shall be guided by the provisions thereof including, but
not limited to, the following:
(1)
A property shall be used for its historic purpose or be placed in
a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
(2)
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
(3)
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or architectural elements from
other buildings, shall not be undertaken.
(4)
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
(5)
Distinctive features, finishes, and construction techniques or examples
of craftsmanship that characterize a property shall be preserved.
(6)
Deteriorated historic features shall be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture
and other visual qualities and, where possible, materials. Replacement
of missing features shall be substantiated by documentary, physical,
or pictorial evidence.
(7)
Chemical or physical treatments, such as sandblasting, that cause
damage to historic materials shall not be used. The surface cleaning
of structures, if appropriate, shall be undertaken using the gentlest
means possible.
(8)
Significant archeological resources affected by a project shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
(9)
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
(10)
New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
D.
In reviewing applications for certificates of appropriateness, the
Historic Preservation Commission shall consider the siting, arrangement,
exterior design, design quality, bulk, arrangement, density, texture,
details, style, scale, setbacks, stepbacks, shape, height, massing,
lot coverage, rhythm, directional emphasis, proportions, building
elements, materials, finishes and relationships to the streetscape
and/or landscape views of the proposed work and the relationship of
those characteristics to the historical significance of the historic
landmark or historic district.
E.
Criteria for review.
(1)
The following criteria shall be given consideration when the Commission
reviews historic sites/landmarks:
(a)
The historical value of the landscape or streetscape;
(b)
The historical value of a building, structure, site, object,
improvement or district and its relationship to property of the surrounding
area;
(c)
The general compatibility of the proposed use to the historical value of the surrounding historic district. In regard to an application for new construction, alterations, additions or replacements affecting an historic site or an improvement within an historic district, and in addition to the criteria set forth in § 148-22D above, the following factors shall be considered in relation to its setting and context, including:
[1]
Height.
[2]
Massing.
[3]
Proportion of the width and height of the building's facades.
[4]
Proportion of openings within the building.
[5]
Rhythm of spacing of buildings on streets.
[6]
Rhythm of solids to voids on facades fronting on public places.
[7]
Relationship of materials and texture.
[8]
Construction in range of design and style options which are
consistent with neighboring buildings in the historic district.
(d)
The general compatibility of the exterior design, arrangement,
texture and materials proposed to be used with the historical value
of the surrounding area. In carrying out its design review under these
guidelines, the following criteria shall be utilized:
(2)
For noncontributing structures/sites, only the criteria in § 148-22E(1)(d) shall be considered by the Commission.
A.
Criteria.
(1)
In regard to an application to demolish or relocate an historic landmark
or an historic district resource, the following matters shall be considered:
(a)
Its importance to the City and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(b)
Its status with regard to the New Jersey and National Registers
of Historic Places; i.e., whether it is individually listed or eligible
to be listed; whether it is a part of a registered or eligible historic
district; and whether, within that district, it is a key, contributing
or noncontributing building.
(c)
Its current and potential use for those purposes currently permitted
by the zoning ordinance or for the use proposed.
(d)
The probable impact of its removal upon the ambiance of the
historic landmark or historic district.
(e)
Whether the site contains any extant archaeological resources.
(f)
Whether the historic landmark represents the last or best remaining
example of its kind in the City that possesses research potential
or public education values.
(g)
Whether the historic landmark can be preserved by protecting
its location from disturbance.
(h)
Whether redesign of the development proposal to avoid impact
can result in the preservation of the building or structure in question.
(i)
The structural soundness and integrity of the building, structure,
site, object or improvement and the economic feasibility of restoring
or rehabilitating same so as to comply with the requirements of the
applicable construction codes.
(j)
The compelling reasons for not retaining the building, structure,
site, object or improvement at its present location, the proximity
of the proposed new location and its accessibility to residents of
the municipality, and the probability of significant damage to the
building, structure, site, object or improvement as a result of the
relocation.
(k)
The compatibility, nature and character of the current and the
proposed surrounding areas as they relate to the intent and purposes
of this article and whether the proposed new location is visually
compatible in accordance with the standards set forth herein.
B.
Procedure.
(1)
In the event that the Commission determines that preventing demolition
is not feasible and recommends that the demolition of a listed or
contributing historic landmark be approved, the following steps shall
be taken:
(a)
The applicant shall be responsible for preparing and submitting
to the Commission a completed set of drawings and photographs of the
historic landmark that meet the standard established by the Historic
American Buildings Survey (HABS), as administered through the United
States Department of the Interior.
[1]
The photographs are to be taken by a professional photographer,
shall be eight-inch-by-ten-inch black and white prints made on archival
quality photographic paper and be taken from large format (four-inch-by-five-inch
minimum size) negatives.
[2]
The drawings and photographs shall be submitted to the Commission
for review and acceptance.
(b)
Prior to the City's Department of Licensing and Inspection
authorizing the demolition, the applicant shall have submitted two
sets of drawing prints and digital copy of the drawings as well as
two sets of eight-inch-by-ten-inch black and white photographic prints
and the large-format negatives from which the prints were made.
(c)
These requirements may be waived by the Historic District Commission
if the demolition involves a noncontributing building or structure
within a designated historic district.
(d)
No assignment of the rights granted by a certificate of appropriateness
to demolish shall be permitted.
(2)
If the Historic Preservation Commission disapproves an application
for a certificate of appropriateness to demolish an historic landmark
or a building, structure, site, object or improvement located in an
historic district, the owner shall, nevertheless, as a matter of right,
be entitled to raze or demolish same provided that all of the following
requirements have been fully met:
(a)
Appeal to Zoning Board of Adjustment. The owner has applied
for the necessary certificate of appropriateness and has received
notice of the Commission's denial of same from the Historic Administrative
Officer and has appealed to the Zoning Board of Adjustment, which
has affirmed such denial.
(b)
Sale for fair market value. Following Zoning Board affirmation
of the Commission's determination of denial, an owner who desires
to further pursue demolition approval has, for a period of at least
180 days (the "offer period"), and at a price reasonably related to
its fair market value, made a bona fide offer to sell such building,
structure, site, object or improvement and the land pertaining thereto
to any person, entity, organization, government or political subdivision
thereof which gives reasonable assurance that it is willing to preserve
the building, structure, site, object or improvement and the land
pertaining thereto.
(c)
Demolition notice posted and publication.
[1]
Notice of any proposed demolition shall be posted on the exterior
premises of the building, structure, site, object or improvement throughout
the offer period in a location such that it is clearly readable. In
addition, the applicant shall cause to be published in the official
newspaper of the City a notice setting forth the following:
[a]
The applicant's intent to demolish, including
a description of the subject property (by block and lot as well as
by physical location) and a description of the building, structure,
site, object or improvement to be demolished; and
[b]
The applicant's proposed use of the property
following demolition; and
[c]
The anticipated time frame(s) associated with the
demolition; and
[d]
A statement indicating that the applicant shall
consider any and all bona fide offers to sell the property to any
person who wishes to preserve the building, structure, site, object
or improvement; and
[e]
The applicant's name and address, along with
a telephone number where the applicant may be reached during normal
business hours by any interested person who wishes to discuss the
proposed demolition and/or to make an offer to purchase the property
as set forth above.
[2]
The notice shall be published as follows:
[3]
At the conclusion of the offer period, if the applicant still
wishes to demolish the subject building, structure, site, object or
improvement, it shall, prior to performing the demolition, perform
the following:
[a]
Advise the Commission, writing, of its intention
to proceed with the demolition; and
[b]
Certify, in writing, to its compliance with the
provisions of the 180-day offer period; and
[c]
Provide the Commission with a copy of the notice
that appeared in the official newspaper of the City and a listing
of all dates on which the said notice appeared in the newspaper; and
[d]
Advise the Commission, in writing, as to whether
any interested persons submitted an offer or offers to purchase the
property, whether during the 180-day "offer period" or following the
newspaper noticing referenced above, and set forth the terms and conditions
relating to said offer(s) and the results of any negotiations pertaining
thereto; and
[e]
File copies of the affidavits of publication relating
to the newspaper noticing with the Commission.
(d)
Offer period. The period of time during which notice must be
given in the manner herein before set forth shall be known as the
"notice period" which shall commence on the 10th day following the
date of the notice of denial of the appeal from the zoning board of
adjustment and such notice period shall run for a period of time of
180 days.
(3)
Expiration of approval.
(a)
In cases where demolition is permitted, the certificate of appropriateness
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended.
(b)
At the time of issuance of the certificate of appropriateness
to demolish, the Historic Administrative Officer shall designate the
period of time (within the one-year approval period) within which
demolition must be completed.
(4)
The Commission may at any time during the offer period, if a significant
change in circumstances occurs, approve a certificate of appropriateness
to demolish, in which event a permit from the Administrative Officer
shall be issued within 10 days thereafter.
A.
The work authorized by the certificate of appropriateness must be
initiated within one year from the date that the certificate is granted.
(1)
If a construction permit is required for such work, the certificate
of appropriateness shall be valid for the life of the construction
permit and any extensions thereof.
(2)
For the purposes of this section, a certificate of appropriateness
shall be deemed invalid if the work ceases for a period of six months
after commencement of work. Reasonable extensions may be granted by
the Historic District Commission based upon appropriate persuasive
evidence.
B.
An applicant for a certificate of appropriateness who is dissatisfied
with the actions of the Historic Administrative Officer or Commission
in denying the certificate of appropriateness or in issuing the certificate
of appropriateness with objectionable conditions may appeal that action
to the City Zoning Board of Adjustment within 30 calendar days from
the date of receiving the written decision.
