[HISTORY: Adopted by the Mayor and Council of the Borough
of Fort Lee 4-10-2014 by Ord. No. 2014-15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 410.
[1]
Editor's Note: This ordinance also repealed former Ch.
64, Historic Site, Structure, Cultural and Landmark Committee, derived
from Ch. II, Sec. 2-32, of the Revised General Ordinances of the Borough
of Fort Lee, 1978, adopted 3-1-1979, as amended.
There is hereby created, pursuant to N.J.S.A. 40:55D-107 et
seq., in and for the Borough of Fort Lee a commission to be known
as the "Historic Preservation Commission of the Borough of Fort Lee."
The Historic Preservation Commission, the creation of which shall
void and supersede the Historic Site, Structure, Cultural and Landmark
Committee (Ord. No. 92-20), shall consist of five regular members
and two alternate members. All members of the Commission shall be
residents of the Borough. Of the five regular Commission members,
the (then serving) Director of the Office of Cultural and Heritage
Affairs of the Borough shall be made a member of the Commission; and
at least one member shall be of Class A, at least one of the members
shall be of Class B, and three of the five members shall either be
of Class A or Class B. Notwithstanding the five members, there shall
also be a nonvoting student member, appointed by the Mayor, who shall
be a high school student in Fort Lee who shall serve a one-year term
commencing on July 1 of the year of appointment and ending June 30
of the following year. Members shall be classified as follows:
A.
Class A: a person who is knowledgeable in building design and construction
in architectural history.
B.
Class B: a person who is knowledgeable of or with a demonstrated
interest in local history.
C.
Class C: those regular members who are not designated as Class A
or Class B. Class C members shall hold no other Borough office position
or employment, except they may be a member of the Planning Board or
the Zoning Board of Adjustment.
D.
Council liaison: A member of the governing body of the Borough of
Fort lee shall serve, ex officio, as a nonvoting member of the Historic
Preservation Commission.
E.
Alternate members shall meet the qualifications of Class C members.
A.
The Mayor, with the advice and consent of the Council, shall appoint
all members of the Commission and shall designate at the time of appointment
the regular members by class and the alternate members as "Alternate
No. 1" and "Alternate No. 2."
B.
Organization. The Commission shall elect from its membership a Chairman
and a Vice Chairman at its first annual meeting.
A.
The terms of the members first appointed shall be so determined that,
to the greatest extent practicable, the expiration of the terms shall
be distributed, in the case of regular members, evenly over the first
four years after their appointment; and in the case of alternate members,
evenly over the first two years after their appointment, provided
that the initial term of no regular member shall exceed four years,
and the initial term of no alternate member shall exceed two years.
Thereafter, the term of a regular member shall be four years, and
the term of an alternate member shall be two years.
B.
A vacancy occurring other than by expiration of term shall be filled
for the unexpired terms only. Notwithstanding any other provision
contained herein, the term of any member common to the Historic Preservation
Commission and the Planning Board shall not be longer than their 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 not be longer than their term of membership on the Zoning Board
of Adjustment.
The Commission shall create rules and procedures for the transaction
of its internal business subject to the following regulations:
A.
A quorum for the transaction of business shall consist of three of
the Commission's members, including the Chairman or, in his/her
absence, the Vice Chairman.
B.
The Commission shall appoint a secretary who need not be a member
of the Commission. The secretary shall keep minutes and records of
all meetings and proceedings, including voting records, attendance,
resolutions, findings, determination and decision. All such material
shall be public records.
C.
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-6 et seq.).
D.
Alternate members may participate in discussion 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.
E.
No member of the Historic Preservation Commission shall be permitted
to act on any matter in which he/she has, either directly or indirectly,
any personal or financial interest.
F.
Upon petition of the Commission or upon a citizen complaint or motion
of a member of the governing body, a member of the Historic Preservation
Commission may be removed for cause by the governing body, after a
hearing, if requested. Said hearing shall be held in public session,
only upon the written request of the subject member.
The Historic Preservation Commission members and officers shall
serve without compensation.
The Historic Preservation Commission shall obtain its legal
counsel from the Borough Attorney, and shall be bound thereby, at
the rate of compensation determined by the governing body. Expenditures
shall not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure added to the original structure at some time
after the completion of the original.
The Construction Code Official.
Any work done on any improvement which is not an addition
to the improvement and which changes the appearance of the exterior
surface of any improvement.
A report issued by the Historic Preservation Commission approving,
with or without condition, any new construction or any addition to
or alteration, relocation, or demolition of a structure located on
a designated historic landmark or in an historic district.
The razing of any improvement or the obliteration of any
natural features of a landmark.
The Mayor and Council of the Borough of Fort Lee.
A definable group of Tax Map lots, the improvements on which,
when viewed collectively, represent a significant period(s) in the
architectural and social history of the Borough of Fort Lee and, because
of their unique character, can readily be viewed as an area or neighborhood
distinct from surrounding portions of Fort Lee or have a unique character
resulting from their architectural style. Except as otherwise stated,
all references to "historic landmarks" in this chapter shall be deemed
to include "historic districts" as well.
Any real property, such as a building, structure, ruins,
foundation, route, trail, place or object, including but not limited
to a cave, cemetery, burial ground, camp or village area, or natural
objects or configuration, geological information or feature which
is of particular historic, cultural, scenic or architectural significance
to the Borough of Fort Lee and in which the broad cultural, political,
economic or social history of the nation, state or community is reflected
or exemplified; is identified with historic personages or with important
events in the main current of national, state or local history; shows
evidence of habitation, activity or the culture of prehistoric man;
embodies a distinguishing characteristic or an architectural type
valuable as representative of a period, style or method of construction;
represents a work of a builder, designer, artist or architect whose
individual style significantly influenced the architectural history
of the municipality; or is imbued with traditional or legendary lore.
All historic landmarks shall specifically be identified within the
Historic Preservation Plan Element of the Master Plan as recognized
by the provision of N.J.S.A. 40:55D-28b(6). The designation of an
"historic landmark" shall be deemed to include the Tax Map lot(s)
on which it is located.
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 contiguous days.
Any work done on any improvement which is not an addition
to the improvement and does not change the appearance of the exterior
surface of any improvement.
Repairs when a building permit is required for the same.
Any improvement, including but not limited to all buildings.
A.
The Historic Preservation Commission shall have the power and responsibility
to:
(1)
Prepare a survey of an historic district or districts or historic
landmark or landmarks of the Borough pursuant to criteria identified
in the survey report.
(2)
Make written recommendations to the Planning Board and Zoning Board
of Adjustment on the historic preservation plan element of the Master
Plan and on the implications for preservation of historic landmarks
and/or historic districts on any other Master Plan elements;
(3)
Advise the Planning Board, in writing, on the inclusion of historic
landmarks in a recommended capital improvement program;
(4)
Advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110 in writing. Oral presentation
shall be given only upon request of the Board;
(6)
Seek funding in the form of grants, bequests, and donations to be
used to assist owners of historic properties in their preservation
of those properties, upon the consent of the governing body;
(7)
Carry out such advisory, educational and informational functions
as will promote historic preservation in the Borough.
B.
Provided further that failure to obtain the advice, survey or recommendation(s)
contemplated herein shall not be a basis to void or delay any otherwise
proper municipal, Planning Board or Zoning Board of Adjustment proceeding,
Resolution or Ordinance.
A.
In adopting this chapter, it is the intention of the governing body
to create a commission to administer a system of preservation regulations,
based on a rational plan and objective criteria, which will complement
existing land use and construction code legislation. The controls
herein established, while compatible with N.J.S.A. 40:55D-28b(6) and
the State Uniform Construction Code, should be viewed as having an
independent basis under N.J.S.A. 40:48-2.
B.
Nothing contained herein shall supersede the powers of other local
legislative or regulatory bodies or relieve any property owner of
complying with the requirements of any other state statutes or municipal
ordinances or regulations.
C.
In the event of any inconsistency, ambiguity or overlapping of requirements
between this chapter and any other requirement, the requirements,
policies, procedures and decisions of the governing body, Planning
Board and/or Zoning Board of Adjustment, as their jurisdiction may
apply, shall prevail.
A.
Preparation of survey. The Historic Preservation Commission shall
make a survey of the Borough of Fort Lee to identify the historic
district(s) and historic landmark(s) which are worthy of protection
and preservation pursuant to the criteria identified in the survey
report, which shall be consistent with the National Register criteria.
B.
Based on the survey or upon the recommendation of concerned citizens,
the Historic Preservation Commission shall document the importance
and historical significance to the municipality, state or nation of
each historic landmark designation in terms of the purposes and criteria
set forth in this chapter.
C.
Survey. Such a survey shall be forwarded to the Planning Board of
the Borough of Fort Lee, with a recommendation of what historic landmarks
within the Borough should be included in the historic preservation
element of the Master Plan as a site or district deemed worthy of
such historic designation. The Planning Board, in adopting or amending
the historic preservation element of the Master Plan or Master Plan
reexamination, may adopt in whole or in part, or amend, the proposed
historic landmarks or proposed historic districts, or the parts thereof,
which the Commission has recommended be deemed worthy of historic
designation.
D.
Tentative designation. The governing body may, following the adoption
or amendment of the historic preservation element of the Master Plan,
make public a complete list and map of those landmarks and districts
which it proposes to designate as historic landmarks, specifying the
location, boundaries and proper names thereof and, in each case, the
reason for such designation. In designating any historic landmark
or historic district, the governing body may exempt any improvement
or any portion of any Tax Map lot, as they shall deem appropriate.
The tentative list and map shall thereafter be submitted at a public
hearing to the examination and criticism of the public. Interested
persons shall be entitled to present their opinions, suggestions and
objections at this public hearing. A list of all proposed historic
districts and historic landmarks, designated by block and lot, shall
be published, together with notice of the hearing on the same, in
the official newspaper not less than 10 days before such hearing is
to be held.
E.
Adoption of an historic district or historic landmark.
(1)
One- or two-family residence:
(a)
Prior to the designation of a one- or two-family residence,
only, as an historic landmark outside of an historic district by the
governing body of the Borough of Fort Lee, the owner of the one- or
two-family residence proposed for such designation may sign a consent
form, indicating his or her willingness to have his or her property
so designated.
(b)
If the governing body of the Borough of Fort Lee does not obtain
the consent of the owner of the one- or two-family residence to be
designated as an historic landmark outside of an historic district,
in writing, prior to the public hearing for such designation, said
property shall be deleted from the tentative list and map and shall
not be designated an historic landmark by the governing body. Nothing
herein shall be construed as limiting the governing body of the Borough
of Fort Lee from explaining the deletion of said property from the
tentative list and map in the Mayor and Council's final report
to the public, nor does anything contained herein prohibit the Mayor
or governing body at another time from again requesting the consent
of an owner of a one- or two-family residence to designate said property
as an historic landmark, provided that all the conditions set forth
in this chapter are followed. Nor shall the homeowner's refusal
of consent limit the governing body's other options and/or rights
of property acquisition, as same may be applicable.
(2)
Historic landmark. Other than those properties defined in § 64-10E(1) preceding, if the governing body of the Borough of Fort Lee receives an objection by the owner(s) of property(ies) designated as residential property(ies) in excess of two units, commercial or mixed-use property(ies), the governing body of the Borough of Fort Lee may, after a public hearing as set forth herein, on due notice to the property owner(s), still designate the property(ies) as historic landmark. Nothing herein shall be construed as limiting the governing body from explaining the designation or deletion of the designation of a property from the tentative designation list.
(3)
Historic district. If the governing body of the Borough of Fort Lee
receives an objection by the owner(s) of property(ies) to be included
in an historic district, the governing body may still include the
property(ies) in the historic district. The reason for this is that
the historic district cannot function or remain intact if individual
properties are permitted to be excluded and developed in a manner
which is counter to the historic district's guidelines and regulations.
Nothing herein shall be construed as limiting the Mayor and Council
from explaining the inclusion or deletion of a property from the tentative
list and map in the governing body's final report to the public,
nor does anything contained herein prohibit the governing body at
another time from again including or excluding a particular property
in an historic district, provided that all the conditions set forth
in this chapter are followed.
(4)
After full consideration of the evidence brought forth at the public hearing for tentative designations as set forth in § 64-10D, the governing body of the Borough of Fort Lee shall make its final decisions on the designations of historic landmarks and historic districts, if any, and adopt the designation list and map by Zoning Ordinance amendment. Once adopted, the designation list and map may be amended in the same manner in which they were adopted.
(5)
Copies of the designation list and map, as adopted, shall be made
public and distributed to all municipal agencies reviewing development
applications and all building and housing permits. A certificate of
designation shall be served by certified mail upon the owner of each
site included in the final list, and a true copy thereof shall be
filed with the County Clerk for recordation in the same manner as
certificates of lien upon real property.
(6)
Each designated historic district or historic landmark may be marked
by an appropriate plaque, in such form as the Commission shall promulgate
by regulation.
F.
Initial designated historic district. In addition to whatever properties may later be designated as historic landmarks or historic districts, the blocks and lots set forth in Schedule A, attached hereto and made a part hereof,[1] shall be and are hereby, designated as an historic district.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
A.
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Commission
shall be required before a permit is issued or before work can commence
for any of the following activities within an historic district or
on an historic landmark designated on a zoning map:
(1)
Demolition of an historic landmark or any improvement within an historic
district.
(2)
Relocation of any historic landmark or any improvement within an
historic district.
(3)
Change in the exterior appearance of any existing historic landmark
or any improvement within an historic district by addition, alteration
or replacement, when the designation included the preservation of
the structure's exterior appearance.
(4)
Any new construction of a principal or accessory structure or any
subdivision of property which would allow new construction of a principal
or accessory structure, when the designation included the preservation
of the structure's exterior appearance.
B.
Exceptions.
(1)
A certificate of appropriateness shall not be required before a permit
is issued by the administrative officer for changes to the interior
of structure or which strictly meet the standards for ordinary maintenance
and repair as defined in this chapter.
(2)
The administrative officer shall review all permit applications to
determine if the application proposes work which constitutes ordinary
maintenance or repair as defined in this chapter. The administrative
officer may issue a permit if he/she finds that the work strictly
meets the standards for ordinary maintenance and repair as defined
in this chapter. The administrative officer shall refer the application
to the Historic Preservation Commission if he finds that the proposed
work does not meet the standards for ordinary maintenance and repair.
A.
The administrative officer shall refer all applications for permits
pertaining to regulated activities involving historic landmarks or
any buildings, structures, objects, and sites located within historic
districts to the Commission for a written report on the application
of the Zoning Ordinance[1] provisions concerning historic preservation to any of
those aspects of the changes proposed which were not determined by
approval of an application for development by a municipal agency pursuant
to the Municipal Land Use Law, in accordance with N.J.S.A. 40:55D-111.
A certificate of appropriateness, issued by the Commission in accordance
with the procedures of this chapter, is required prior to the commencement
of any activities involving historic landmarks or properties within
historic districts which are governed by the provisions of this chapter.
B.
Application procedure. Applications for a certificate of appropriateness
shall be made on forms determined by the Historic Preservation Commission
and available from the Zoning Officer of the Borough of Fort Lee.
Completed applications shall be delivered to the administrative officer.
C.
Application information and supporting documents. Application for
a certificate of appropriateness shall include the following:
(1)
All forms determined by the Historic Preservation Commission pursuant to § 64-12B, completed by the applicant.
(2)
The list of surrounding property owners within 200 feet, which shall
be requested by the applicant from the Borough Tax Collector who shall
certify the property owners for that list.
(3)
Such exhibits as set forth in the application.
D.
Decision or recommendation. As soon as practicable but no later than 45 days after the administrative officer has referred the application to the Commission, the Commission shall return to the administrative officer its written report recommending granting, amending or denying the application, in whole or in part, which report may be stated in resolution form. The administrative officer's decision, based on the report from the Commission which may be in the form of a resolution, is a final decision which is appealable to the Zoning Board of Adjustment as set forth in § 64-12E(1) below. The Commission shall file a second report with the Planning Board within 10 days of the Commission's decision on the application. For applications in which the Planning Board or Zoning Board of Adjustment have jurisdiction, the second report, which may be in the form of a resolution, is a recommendation and the final decision on the historic issue is then with the Planning Board or the Zoning Board of Adjustment.
(1)
Approved certificate of appropriateness deemed positive recommendation.
If a certificate of appropriateness has been issued for an application,
with or without conditions, that also requires approval of the Planning
Board or the Zoning Board of Adjustment, the certificate of appropriateness
shall be deemed to be a positive recommendation to that body as to
the historic preservation aspects of the matter before that body.
The Planning Board or Zoning Board of Adjustment may, nevertheless,
affirm or deny the application based on the entire record before it,
notwithstanding the grant of a certificate of appropriateness as to
the historic preservation aspects.
(2)
Denial of certificate of appropriateness. If a certificate of appropriateness
is denied by the Commission notwithstanding any approval by the Planning
Board or Zoning Board of Adjustment, the administrative officer charged
with issuing the permit for which the action or development application
relates shall deny issuance pursuant to N.J.S.A. 40:55D-111.
E.
Appeals relating to a certificate of appropriateness. An appeal of
the grant or denial of a certificate of appropriateness by the applicant
may be had as follows:
(1)
If the Construction Official refuses to issue a permit based on denial
of a certificate of appropriateness, and where the Planning Board
or the Zoning Board of Adjustment do not have original jurisdiction
over the application or any part thereof, written appeal shall be
made, within 20 days after such denial, to the Zoning Board of Adjustment,
in accordance with N.J.S.A. 40:55D-70a.
(2)
If the Planning Board or the Board of Adjustment denies or grants
a development application in the course of which it accepts or rejects,
with or without conditions, the recommendation of the Commission,
as signified by the grant of a Certificate or Appropriateness with
conditions or the denial or issuance of a certificate of appropriateness,
as the case may be, appeal would lie with the governing body of the
Borough of Fort Lee only in those cases where an appeal exists to
the governing body from a decision of the Planning Board or the Zoning
Board of Adjustment.
(3)
Nothing herein shall be deemed to limit any statutory right of judicial
review of the municipal action after an appeal is concluded by the
Zoning Board of Adjustment or the governing body of the Borough of
Fort Lee, as the case may be. An appeal of the action of the Planning
Board or any other actions of the Zoning Board of Adjustment in regard
to the denial or issuance of a permit with conditions shall be made
to the Superior Court of the State of New Jersey.
(4)
The appellant shall pay all costs for copies of any transcript(s)
required for appeal and shall supply the Borough or its agency with
a copy thereof, with exhibits, and without costs or fees.
