[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-13-1989 by Ord. No. 89-16R. Amendments noted where
applicable.]
This chapter shall be known as and may be cited as the "Historic
Designation and Preservation Ordinance of the Borough of Fanwood."
A.
The Borough finds and determines as follows:
(1)
The historical, cultural, architectural and social heritage of the
Borough is given in trust from generation to generation to be used,
enriched and then passed on.
(2)
The character, life-style and very quality of life in the Borough
depend in great measure on the Borough protecting this heritage of
the past.
(3)
The ongoing presence of historic districts and landmarks as an essential
element of municipal character and identity is an important factor
in the economy of the Borough and the property values therein.
(4)
Such historic districts and landmarks are vital to the education
and civic-mindedness of the Borough's young people.
(5)
A number of critical factors, such as uncontrolled growth, deterioration,
demolition, redevelopment and resubdivision, threaten such landmarks
and districts.
(6)
The welfare of the Borough is dependent on the preservation of its
historic heritage for the reasons set forth above.
B.
It is therefore determined that there is a special public interest
in the preservation of this heritage which requires the regulation
of land use located in the historic districts and the regulation of
historic landmarks as provided in this chapter, which public interest
has been recognized by the State of New Jersey in N.J.S.A. 40:55D-2j
and N.J.S.A. 40:55D-65i. This chapter is intended and designed to
encourage restoration of historic structures and historic districts.
C.
It is the intention of the Borough to create an agency which can
assist the Borough in establishing a system of preservation regulations
based on a rational plan and objective which will complement existing
land use law and construction code. The controls herein established,
while compatible with N.J.S.A. 40:55D-28b(6) and Section 516 of the
Uniform Construction Code, should be viewed as having an independent
basis under N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-65i.
D.
Nothing contained herein shall supersede the powers of other local
legislative or regulatory bodies or relieve any property owner of
complying with requirements of any other state statutes or Borough
ordinances or regulations.
E.
In the event of any inconsistency, ambiguity or overlapping of requirement
between this chapter and any other requirement enforced by the Borough,
the more restrictive shall apply.
F.
This chapter should not be viewed as requiring or prohibiting the
use of any particular architectural style; rather, the purpose is
to preserve the past by making it compatible with and relevant to
the present. To that end, new construction in or near a landmark or
historic district should not necessarily duplicate the style of the
landmark or historic district, it should simply be compatible with
and not detract from the landmark or historic district.
For purposes of this chapter and, unless the context clearly
indicated otherwise, the following words and phrases shall have the
meanings ascribed to them by this section:
The construction of a new improvement as part of an existing
improvement when such new improvement changes, alters or modifies
the exterior appearance of any landmark or existing improvement in
a historic district.
Any work done on any improvement which:
[Amended 10-11-2001 by Ord. No. 01-17R]
The document by which the Historic Preservation Commission
reports its recommendations for approval of an application for work
to be performed on a historical landmark or on an improvement within
a historic district, with or without conditions, to the Construction
Code Official and/or Zoning Officer of the Borough. The Construction
Code Official and/or Zoning Officer shall include any conditions so
recommended in any permit issued by either or both of them which shall
become a requirement of the permit. If the Historic Preservation Commission
recommends against the issuance of a permit, the Construction Code
Official and/or Zoning Officer, as the case may be, shall deny such
permit.
[Added 4-11-2001 by Ord. No. 01-05R]
A building, site, structure, or object that adds to the historic
architectural qualities, historic associations, or archaeological
values for which a property is significant because:
The razing of any improvement or part thereof, or the obliteration
of any natural feature of a landmark.
One or more historic landmarks and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic landmark or historic landmarks and shall further be
construed to mean a definable group of Tax Map lots, the improvements
on which when viewed collectively:
Represent a significant period or periods in the architectural
and social history of the Borough;
Because of their unique character, readily be viewed as an area
or neighborhood distinct from surrounding portions of the Borough;
and/or
Have a unique character resulting from their architectural style.
Except or otherwise stated, all references to landmarks in this
chapter shall be deemed to include historic districts as well.
Any real property, man-made structure, natural object or configuration
or any portion or group of the foregoing which have been formally
designated on the Zoning Map or the Official Map[1] of the Borough as being of historical, archaeological,
cultural, scenic or architectural significance which:
Is of particular historic, cultural, scenic or architectural
significance to the Borough 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 Borough; or
Is imbued with traditional or legendary lore.
All landmarks shall specifically be identified within the community
facilities plan of the Master Plan as recognized by the provisions
of NJ.S.A. 40:55D-28b(6).
The designation of a "landmark" shall be deemed to include the
lot or lots 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 continuous days.
Any application for a certificate of appropriateness which involves demolition or removal of a landmark, or portion thereof, or addition to a landmark; involves a subdivision of land included as part of a landmark or within an historic district; involves construction of a new improvement in an historic district; or otherwise falls within the criteria set forth in § 168-7B(1). Demolition of any improvement is also subject to a permit being obtained in accordance with the provisions of the Borough Code or state law affecting demolition.
Any application for a certificate of appropriateness which does not involve demolition or removal of a landmark, addition to a landmark or construction of a new improvement in an historic district; and meets the criteria set forth in § 168-7B(2).
[Added 4-11-2001 by Ord. No. 01-05R]
A building site, structure or object that does not add to
the historic architectural qualities, historic associations, or archaeological
values for which a property is significant because:
It was not present during the period of significance;
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
It does not independently meet the New Jersey Register criteria
set within N.J.A.C. 7:4-2.3.
The act or process of reproducing by new construction the
exact form and details of a vanished building, structure or object,
or part thereof, as it appeared at a specific period of time.
The act or process of returning the exterior of an improvement
to a state of utility through repair or alteration, which makes possible
an efficient contemporary use while preserving those portions or features
or architectural form of the improvement which are significant to
historical, architectural and cultural values.
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.
Provides for facsimile replacement of material that has been
destroyed by time, weather, insects or other conditions either in
the original material or replacement material with the original appearance.
Repairs when a building permit is required.
The act or process of accurately recovering the form and
details of the exterior of an improvement by means of the removal
of later work or by the reconstruction of missing earlier work.
A.
There is hereby established a Commission, pursuant to N.J.S.A. 40:55D-107, which Commission shall be known as the "Historic Preservation Commission." This Commission is hereby given, pursuant to N.J.S.A. 40:55D-109e, authority to grant or deny approvals for certificates of appropriateness under § 168-6.
B.
Regular members and alternates.
(1)
The Commission shall consist of seven regular members, of which three
shall be of Classes A and B as described below, and two alternate
members. The regular members shall consist of the following classes:
[Amended 4-11-2001 by Ord. No. 01-05R]
(a)
Class A: A person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
Borough.
(b)
Class B: The Borough Historian or, in the absence of such person,
a person who is knowledgeable or with a demonstrated interest in local
history and who may reside outside the Borough.
(c)
Class C: Four citizens of the Borough who shall hold no other
Borough office, position or employment, except for membership on the
Planning Board. One such member shall be a member of the Planning
Board.
(2)
There shall be two alternate members, designated as "Alternate No.
1" and "Alternate No. 2," who shall satisfy the requirements of Class
C membership.
C.
Appointment; vacancies; removal.
(1)
All members shall be appointed by the Mayor with the concurrence
of the Borough Council and shall be designated in their appointments
as Class A, B or C and/or as Alternate No. 1 and Alternate No. 2.
Regular members shall serve for four-year terms, except for the first
regular members, two of whom will have one-year terms, two will have
two-year terms, and three will have three-year terms. Alternate members
shall serve a term of two years, except for Alternate No. 1 when appointed
for the first time, who shall serve for one year.
(2)
Vacancies shall be filled in the same manner in which the previous
incumbent was appointed and such vacancy appointment shall be only
for the balance of such incumbent's unexpired term.
(3)
Notwithstanding any other provision herein, the term of any member
of the Commission who is a member of the Planning Board or Board of
Adjustment shall not exceed such person's term of membership
on the Planning Board or Board of Adjustment, as the case may be.
(4)
Any member of the Commission after public hearing, if he or she requests
such public hearing, may be removed by the Mayor and Council for cause.
D.
The Commission shall elect from its membership a Chairman and a Vice
Chairman.
E.
The Commission shall create rules and procedures for the transaction
of its business subject to the following regulations:
(1)
A quorum for the transaction of business shall consist of four of
the Commission's members, including the Chairman, or in his or
her absence, the Vice Chairman, and four affirmative votes shall be
required to grant a certificate of appropriateness. If a certificate
of appropriateness is not granted when voted on by the Commission,
it shall be considered denied.
(2)
The Commission shall appoint a Secretary who need not be a member
of the Commission or a Borough employee. The Secretary shall keep
minutes and records of all meetings and proceedings, including voting
records, attendance, resolutions, findings, determinations and decisions.
All such material shall be part of the public record.
(3)
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7 et seq.).
(4)
All action to grant, change or deny a certificate of appropriateness
shall be by formal written resolution containing findings of fact
and conclusions which may be adopted as a memorialization after the
action has been taken.
(5)
Alternate members may participate in discussions but may not vote
except in the absence or disqualification of a regular member.
(6)
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.
F.
The Commission members shall receive no compensation, and no member
shall be permitted to act on any matter in which he or she has, either
directly or indirectly, any personal or financial interest.
G.
Within the limits of funds appropriated for the performance of its
work, grants and gifts, the Commission may obtain the services of
qualified persons to direct, advise and assist the Commission and
may obtain the equipment, supplies and other material necessary to
its effective operation.
H.
The Commission is empowered to seek advisory opinions and technical
assistance from all Borough employees on any matter within the Commission's
jurisdiction.
I.
Powers and duties. The Commission shall:
(1)
Prepare surveys of specific districts and landmarks to determine if the landmark or district warrants designation as an "historic district" or "historic landmark" under this chapter, and, if so, prepare and adopt, pursuant to § 168-5, a landmark designation list and map, the Commission shall be guided by the criteria used to determine whether the proposed landmark or historic district would be includable in the State or Federal Register of Historic Places or such other criteria identified in the surveying report. The Commission may hire such experts as it deems necessary to assist in its work.
(2)
Advise the owners of property included on such proposed landmark designation list and proposed landmarks or historic district map that such survey and study has been made and provide such owners with any reports or any written findings and conclusions of such study, along with any maps and provide such owners with a copy of this chapter as provided in § 168-5.
(3)
Advise the owners of property included in such proposed landmark
designation list, or proposed landmark or historic district map, of
the administrative steps to be undertaken pursuant to this chapter
before such landmark or historic district may be finally designated
as such by ordinance, emphasizing the means and methods for such owners
to present their views at hearings or by petition as to such designation.
(5)
Amend from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in § 168-5.
(6)
Report, in writing, at least annually to the Planning Board and the
Mayor and Council on the state of historic preservation in the Borough
and to recommend measures to improve the same.
(7)
Collect and disseminate material on the importance of historic preservation
and techniques for achieving the same.
(8)
Advise all Borough agencies regarding goals and techniques of historic
preservation.
(9)
Adopt and promulgate such regulations and procedures consistent with
this chapter as are necessary and proper for the effective and efficient
performance of the duties herein assigned.
(10)
Advise and assist citizen groups and individuals in the Borough
interested in establishing landmarks and historic districts.
(11)
Prepare and maintain a survey of the Borough to identify potential
landmarks and historic districts for further research. Such survey
shall specify the criteria used and shall be available for public
inspection.
(12)
Advise and make recommendations to the Planning Board on the
historic preservation plan element of the Master Plan and/or the implications
for preservation on all other elements of the Master Plan.
(13)
Advise the Planning Board on the inclusion of landmarks and
historic districts in the capital improvements program.
J.
The Commission shall obtain its legal counsel from the Borough Attorney
at the hourly rate commonly paid for those services by the Borough
and/or as part of the Borough Attorney's duties as a part-time
employee of the Borough.
[Amended 2-8-2005 by Ord. No. 05-02R[1]]
[1]
Editor's Note: This ordinance is retroactive to 1-1-2005.
K.
The Planning Board and Board of Adjustment shall make available to
the Commission an informational copy of every application for development
submitted to either Board in any historic district or to historic
sites designated on the Zoning Map or Official Map or in any component
element of the Master Plan. Failure to make the informational copy
available shall not invalidate any hearing or proceeding. The Commission
may provide its advice which shall be conveyed in writing and/or through
its delegation of one of its members or staff to testify orally at
the hearing on the application for development and to explain any
written report which may have been submitted by the Commission.
A.
The Commission shall make studies and surveys of proposed landmarks
or historic districts in order to determine if said landmarks or districts
meet the criteria of this chapter and are worthy of protection and
preservation. In making these determinations, the Commission shall
be guided by the criteria used to determine whether the proposed landmark
or historic district would be includable in the State or Federal Register
of Historic Places and such other criteria which the Commission may
establish as applicable to the Borough. Based on these surveys, the
Commission shall document the importance and historical significance
to the Borough, state or nation of each proposed historic district
and landmark designation in terms of the purposes and criteria set
forth in this chapter.
B.
The Commission shall, as soon as practicable, make public a complete list and map of the proposed landmarks or districts, specifying the location, boundaries and proper historic names thereof and, in each case, the reason for such proposed designation and shall so advise the owners of property affected as set forth in § 168-4I(2). In proposing to establish a landmark or historic district, the Commission may exempt improvement of any portion of any Tax Map lot, the demolition or alteration or improving of which would not affect the landmark or district as to the purposes and criteria set forth in this chapter. Such exemption shall only be for good cause shown and upon affirmative vote of five members of the Commission.
C.
The list and map thereafter shall be submitted to the Secretary of
the Planning Board. The Planning Board shall then determine whether
to accept the landmark designation list and incorporate the same into
the Master Plan. After making such review if the Planning Board decides
to accept the designation or portion thereof, it shall forward its
recommendations to the Mayor and Council with a request that such
properties be formally designated as "landmarks" or within an historic
district and included as such in the Land Use Ordinance.[1]
D.
The Mayor and Council shall then consider whether to adopt the designation
list and map as part of the Borough Code. Submission shall be made
to the Planning Board pursuant to N.J.S.A. 40:55D-26a. Once adopted,
the designation list and map may be amended to add thereto in the
same manner in which it was originally adopted.
E.
Copies of the designation list and map as adopted shall be made public
and distributed to all Borough agencies reviewing development applications
and all building and housing permits. A certificate and 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 by the Borough
with the Union County Register for recording in the same manner as
certificates of lien upon real property.
F.
Each designated historic district or landmark may be marked by an
appropriate plaque, in such form as the Commission shall promulgate
by regulation.
G.
Once an improvement has been designated a "landmark" or incorporated
as an historic structure within an historic district, it shall not
be delisted therefrom, except by ordinance. If delisted, a certificate
to that effect shall also be filed by the Borough with the Union County
Register.
A.
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Historic Preservation Commission
shall be required before a permit may be issued by the Zoning Officer
and/or the Construction Code Official (administrative officer) for
the following, or in the event that no other type of permit is otherwise
required, before work can commence or any of the following activities
take place on the property of any landmark or within any historic
district:
(1)
Demolition of an historic landmark or of any improvement within any
historic district.
(2)
Change in the exterior appearance, as viewed from a public street,
of any existing landmark or any improvement within any historic district
by addition, alteration, replacement, rehabilitation, restoration
or reconstruction.
[Amended 4-11-2001 by Ord. No. 01-05R]
(3)
Any subdivision of land included as part of an historic landmark
or within an historic district.
(4)
Changes in, or addition of, new signs or exterior lighting, except
that no certificate of appropriateness shall be required for one unlit
sign per premises if the surface area of such sign does not exceed
one square foot for an identification sign or four square feet for
a commercial sign, provided that either is attached to and parallel
to the facade of the building or structure.
(5)
Any construction of an improvement.
(6)
Any change in the exterior appearance of any improvement within an
historic district which itself does not have historic significance
because the same is of new construction or for other reasons. Such
change need not comply with the architectural requirements for that
district, but any change shall be consistent with the architectural
style of the improvement as constructed and shall insofar as practical
be compatible with other structures nearby in the district.
B.
Exceptions. A certificate of appropriateness shall not be required
for any repair or exact restoration of any existing improvement, provided
that it meets the following criteria. In the event that the exterior
surface material of the improvement would be changed as a result of
such repair or exact replacement, a certificate of appropriateness
shall not be required if the new exterior surface is one that has
been previously approved by regulations duly promulgated by the Commission
for similar improvements in that district. If such repairing or exact
replacement does not conform to the said regulations, a certificate
of appropriateness shall be required. A certificate of appropriateness
shall not be required for painting of an existing improvement.
[Amended 4-11-2001 by Ord. No. 01-05R; 10-11-2001 by Ord. No. 01-17R]
A.
All applicants shall complete and file an application form promulgated
by the Commission not less than 28 days before the Commission meeting
at which the application is to be initially considered. A copy of
that application shall simultaneously be submitted to the Borough
Clerk.
B.
The Commission shall review the application form and classify the
application in accordance with the relief requested.
(1)
If the action for which the certificate of appropriateness is requested meets the definition of "major application" in § 168-3 or will substantially affect those characteristics of the landmark listed on the landmark designation or, in the case of an improvement within an historic district, will substantially affect the characteristics of the district listed on the district's landmark designation, the Commission shall classify the application as a major application as described in the Commission regulations.
(2)
If the action for which the certificate of appropriateness is requested meets the definition of "minor application" in § 168-3 or will not substantially affect the landmark or district as stated above, then the Commission shall classify the application as a minor application.
(3)
The Commission shall meet in an agenda session at least 21 days before
a regular meeting at which an application shall be considered. At
such agenda session the Commission shall classify all pending applications
as major or minor and shall so notify the applicant within seven days
thereafter.
C.
Minor applications may be heard at the meeting following such classification,
unless the Commission decides otherwise as set forth hereafter. If
the Commission finds that an adjacent property may be affected by
the action for which a certificate has been requested, although minor,
the Commission may order the applicant to send certified mail notices
of the pending application to such owners of adjacent property as
the Commission believes might be affected by their action no later
than 18 days before the meeting date. Such owners shall have 10 days
to file a written objection. If a written objection is received, the
Commission shall hear the applicant and the objector on the record,
prior to making its decision. The objector shall have full rights
to present evidence and to cross-examine witnesses. The Commission
shall hear and make recommendations on such application within 45
days of its receipt, otherwise the application shall be deemed to
have been approved.
D.
For a major application in addition to those items required by regulation
to be submitted as part of a major application, the applicant shall
also submit:
(1)
A certificate that all property owners within 200 feet of the lot
lines of the landmark property have been sent a notice of the application
by certified mail not less than 10 days before it is to be heard;
and
(2)
Proof of publication of a notice of the application is in the official
newspaper not less than 10 days before it is to be heard.
E.
The Commission shall hear the major applications at a public hearing
held after the aforesaid notice has been given, and the Commission
shall make a decision on the application within 45 days after the
secretary has declared an application to be complete; otherwise the
application shall be deemed to have been approved. Nothing herein
shall prohibit an extension of time by mutual agreement of the applicant
and the Commission. The Commission may advise the applicant and make
recommendations in regard to the appropriateness of the proposed action.
F.
After action by the Commission, pursuant to Subsection E hereof, the Secretary of the Commission shall notify the applicant, in writing, of such decision and with a certified copy of the memorialization resolution thereof. A summary of the Commission's action shall be published in the official newspaper at the expense of the applicant, and the Zoning Officer and/or Construction Code Official shall be notified of the appropriate action to be taken by them, i.e., either to issue a permit or permits, including the imposition of conditions therefor, or to deny a permit.
G.
In the event that an applicant alleges that compliance with the requirements
of this section would be an unreasonable hardship and that the nature
of his or her time and expense of the plenary proceeding will not
impact negatively on the public good nor specifically on the historic
qualities sought to be preserved, the Commission, by a vote of not
less than five affirmative votes, may grant such relief from the requirements
of this section as it deems consistent with the public good and the
purposes of this chapter, such action may be taken at agenda sessions.
The Commission may also grant such relief after a full hearing if
the applicant meets the criteria of this section; at least five affirmative
votes shall be required.
H.
An applicant may allege that a certificate of appropriateness should
be granted without his or her fulfilling all of the application requirements
set forth herein because the addition or alteration contemplated will
not be visible from any place to which the public normally has access
and, therefore, that said addition or alteration cannot adversely
affect the public interest. In that event the Commission, by four
affirmative votes, may recommend the grant of a certificate of appropriateness,
which action may be taken at agenda sessions.
A.
Demolitions. In regard to an application to demolish an historic
landmark or any improvement within an historic district, the following
matters shall be considered:
(1)
Its historic, architectural and aesthetic significance.
(2)
Its use.
(3)
Its importance to the Borough and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
(4)
The extent to which it 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 and expense.
(5)
The extent to which its retention would promote the general welfare
by maintaining and increasing real estate values; generating business;
creating new jobs attracting tourists, students, writers, historians,
artists and artisans; attracting new residents; encouraging study
and interest in American history; stimulating interest and study in
architecture and design; educating citizens in American culture and
heritage; or making the Borough a more attractive and desirable place
in which to live.
(6)
If it is within an historic district, the probable impact of its
removal upon the ambience of the historic district.
(7)
The expense to the applicant to maintain the historic landmark or
improvement as compared to its economic utility.
B.
Relocation out of the historic district or the Borough. In regard
to an application to move an historic landmark or improvement located
within an historic district to a location outside the district or
outside the Borough, the following matters shall be considered along
with any other factors the Commission considers relevant:
(1)
The possible historic loss to the site of original location.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The proximity of the proposed new location to the historic district
or to the Borough, including the accessibility to the residents of
the Borough and other citizens.
(4)
The probability of significant damage to the landmark or structure
itself during the relocation.
C.
Relocation within the Borough. In regard to an application to move an historic landmark or any improvements in an historic district to a new location within the Borough of Fanwood, the following matters shall be considered in addition to the matters listed in Subsection B:
D.
Visual compatibility considered for new improvements, additions, removals or rehabilitations. In regard to an application to move a landmark or improvement into or to construct a new improvement or add to, alter or rehabilitate an existing improvement within an historic district or a landmark, the visual compatibility of the proposed improvement with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 168-9.
E.
Consideration on other actions. In regard to an application for approval of any other proposed action as set forth in § 168-6, the following matters shall be considered:
(1)
If an historic landmark or an improvement in an historic district
is involved:
(a)
The impact of the proposed change on its historic and architectural
character;
(b)
Its importance to the Borough and the extent to which its historic
or architectural interests would be adversely affected to the detriment
of the public interest; and
(c)
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the
public's view of a landmark or improvement within an historic
district from a public street.
(4)
If the application deals with an improvement within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the improvements visual compatibility with the spaces and structures to which it would be visually related in terms of the visual compatibility factors set forth in § 168-9.
F.
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered but in no instance shall interior
arrangement be considered. These additional matters may include the
following standards and objectives of this chapter:
(1)
Every reasonable effort should be made to provide a compatible use
for buildings which will require minimum alterations to the building
and its environment.
(2)
Rehabilitation work should not destroy the distinguishing qualities
or character of the property and its environment. The removal or alteration
of any historical material or architectural features should be held
to a minimum consistent with the proposed use.
(3)
Deteriorated architectural features should be repaired rather than
replaced wherever possible. In the event that replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of original features, substantiated by physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural features from other buildings.
(4)
Distinctive stylistic features or examples of craftmanship which
characterize older buildings should be treated with sensitivity.
(5)
Many changes to the buildings and environments are evident of the
history of the building and the neighborhood. These changes may have
developed significance in their own right and this significance should
be recognized.
(6)
All buildings should be recognized as products of their own time.
Alterations which may be inconsistent with the actual character of
the building should be discouraged.
(7)
Contemporary designs for new buildings in old neighborhoods and additions
to existing buildings or landscaping should not be discouraged if
such design is compatible with the character of the neighborhood,
building or its environment.
(8)
Wherever possible, new additions or alterations to buildings should
be done in such a manner that if they were to be removed in the future,
the essential form and integrity of the original building would be
unimpaired.
(9)
The Commission shall be guided for further details by the Secretary
of Interior Standards for Historic Preservation Projects, which has
been prepared by the Office of Archaeology and Historic Preservation,
Heritage Conservation and Recreation Service, United States Department
of Interior, Washington, D.C., and as amended from time to time, and
a copy shall be kept with the Borough Clerk.
In assessing the effect of any proposed change under application,
the following visual compatibility factors shall be used to analyze
the effect that the change applied for would have on the landmark
and on those structures to which the landmark is visually related
or on the district in which the structure is located:
A.
Height. The height of the proposed building shall be visually compatible with adjacent buildings and shall comply with any applicable height restrictions in Chapter 184, Land Use, of the Borough Code.
[Amended 4-11-2001 by Ord. No. 01-05R]
B.
Proportion of building's front facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
C.
Proportion of openings within the facility. The relationship of the
width of the windows to the height of the windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
D.
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of buildings shall
be visually compatible with the buildings and places to which they
are visually related.
E.
Rhythm of spacing buildings on street. The relationship of the building
to the open space between it and adjoining buildings shall be visually
compatible with the buildings and places to which it is visually related.
F.
Rhythm of entrance and/or porch projection. The relationship of entrance
and porch projections to the street shall be visually compatible with
the buildings and places to which it is visually related.G. Relationship
of materials, texture and color. The relationship of materials, texture
and color of the facade and roof of a building shall be visually compatible
with the predominant materials used in the buildings to which it is
visually related, especially those immediately adjacent.
G.
Roof shapes. The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
H.
Walls of continuity. Appurtenances of a building such as walls, open-type
fencing and evergreen landscape masses shall form cohesive walls of
enclosure along a street to the extent necessary to maintain visual
compatibility of the building with the buildings and places to which
it is visually related.
I.
Scale of building. The size of a building, the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies shall be visually compatible with the buildings and places
to which it is visually related.
J.
Directional expression of front elevation. A building shall be visually
compatible with buildings and places to which it is visually related
in its directional character, whether this be vertical character,
horizontal character or nondirectional character.
A.
Issuance of a certificate of appropriateness with or without conditions
shall be deemed to be final approval pursuant to this chapter. Such
approval shall neither cause nor eliminate the requirement for the
filing of any collateral application or other proceeding required
by any other provision of the Borough Code to be made prior to undertaking
the action requested vis-a-vis the landmark or structure in the historic
district. A certificate shall be valid for two years or such reasonable
extensions thereof as the Commission may deem it in the public interest
to grant.
B.
Should the Commission conclude that a certificate of appropriateness
cannot be issued because the proposed alteration, construction, relocation,
demolition or other change controlled by this chapter would be significantly
and/or substantially detrimental to the landmark or historic district,
a notice of denial shall be submitted to the Zoning Officer and/or
Construction Code Official. This denial shall operate to bar the issuance
of any Borough permit (such as a building permit or demolition permit)
needed to undertake the activity for which a certificate of appropriateness
was denied. Any person aggrieved by such notice of denial may appeal
the decision to the Superior Court.
If the Commission approves a certificate of appropriateness
for demolition, the applicant shall be required to apply for and receive
an approval from the appropriate building official after fulfilling
all requirements therefor within 90 days. Any certificate of appropriateness
for a demolition lapses after 90 days, and thereafter a new application
for such demolition must be made.
A.
If any person shall undertake any activity vis-a-vis a landmark or
improvement within an historic district without first having obtained
a certificate of appropriateness, such person shall be deemed to be
in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot wherein the violation is occurring
a notice describing the violation in detail and giving the owner 10
days to abate the violation by restoring the landmark or improvement
to its status quo ante. If the owner cannot be personally served within
the Borough with the said notice, a copy shall be posted on site and
a copy sent by certified mail, return receipt requested, to the owner
at his/her last known address as it appears on the Borough tax rolls.
Copies of all such notices shall be sent to the Chairman of the Historic
Commission.
[Amended 12-28-1999 by Ord. No. 99-25R]
C.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable in the Municipal
Court, charging violation of this chapter. Each day after the 10 days
may be considered a separate offense under this chapter. The Zoning
Officer shall also notify the Chairman of the Commission of this action.
D.
The penalty for violations shall be as follows:
(1)
For each day up to 10 days: not more than $25 per day.
(2)
For each day from 11 to 25 days: not more than $50 per day.
(3)
For each day beyond 25 days: not more than $75 per day.
(4)
In the case of a demolition without a certificate of appropriateness
therefor, a violation shall be punishable by a fine not to exceed
$2,000 and/or up to 90 days in jail, or both, or by a period of community
service not exceeding 90 days.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
E.
In the event that any action would permanently change adversely the
landmark or historic district, such as demolition or removal about
to occur without a certificate of appropriateness having been issued,
the Zoning Officer is authorized to apply to the Superior Court of
New Jersey for such injunctive relief as is necessary to prevent the
destruction or removal of any landmark. The Chairman of the Historic
Preservation Commission shall be informed immediately of this action.
F.
This chapter shall be enforced by the Zoning Officer or Construction
Code Official of the Borough, but a complaint hereunder may be made
by any member of the Commission.
G.
Any person who is convicted of violating this chapter within one
year of the date of a prior violation and who was fined for the prior
violation shall be sentenced by the court to an additional fine as
a repeat offender. The additional fine imposed by the court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of this chapter but
shall be calculated separately from the fine imposed for violation
of the chapter.
Recognizing the need for preventive maintenance to ensure the
continued useful life of landmarks and improvements in historic districts,
the Borough hereby declares that Code enforcement vis-a-vis landmarks
and improvements in historic district is a high Borough priority.
A.
In the event that any landmark or improvement in an historic district
deteriorates to the point that, in the best estimate of the applicable
building official, the cost of correcting the outstanding code violations
equals more than 25% of the cost of replacing the entire improvement
on which the violations occur, the applicable building official shall
serve personally or by certified mail, return receipt requested, a
notice on the owner of the landmark listing the violations, the estimate
for their abatement and the replacement cost of the improvement, and
stating that if the owner does not take all necessary remedial action
within 90 days or such extensions as the applicable building official
expiration of said 90 days, or any such extension, enter upon the
property and abate such violations itself and cause the cost thereof
to become a lien on the property.
B.
Upon receipt of such notice, the owner may, within 10 days of such
receipt, notify the Council's Building and Zoning Committee of
his or her wish to have a hearing as to the allegations and estimates
set forth in the notice. Such hearing shall be before the said Committee
and the applicable building official shall be represented by the Planning
Board Attorney. It shall be, so far as possible, a formal contested
proceeding in which said Committee shall establish the matters alleged
in the notice by a preponderance of the evidence acting as a quasi-judicial
body.
C.
If the owner does not request a hearing, the procedures set forth
hereafter shall apply. If a hearing is requested, said Committee shall,
within 10 days following the hearing, serve on the owner an opinion,
in writing, setting forth its conclusions and the reasons therefor,
and thereafter the procedure set forth hereafter shall apply.
D.
Thereafter, if the owner does not comply, the applicable building
official, with prior approval of the Mayor and Council adopted by
resolution or ordinance as may be required, may enter onto the premises
and, by use of municipal labor or outside contractors or both, perform
such work as is necessary to abate all violations.
E.
The Building and Zoning Committee shall then certify to the Mayor
and Council the cost of such work, plus all administrative, clerical
and legal costs and overhead attributable thereto.
F.
The Mayor and Council may, by resolution, vote to cause the sum so
certified to become a lien upon the landmark if not then paid, bearing
interest at the same rate as delinquent taxes.
In the event that an act of God or any other unexpected event
shall cause a property owner to request the immediate issuance of
a building permit, or other permit, to commence to repair, replace,
rehabilitate or reconstruct damage resulting from such event or in
the event that there is a present danger to persons or property because
of the condition of a structure or building because of such event
and a certificate of appropriateness is a conditional precedent to
the issuance of such permit, if the Construction Code Official or
Borough Engineer certifies the immediate necessity for such permit
issuance, the certificate of appropriateness may be issued in accordance
herewith. In the case of a demolition permit, the Construction Code
Official shall only issue such certificate of appropriateness if the
improvement presents an immediate hazard to public health and safety
and no other method exists to secure the improvement.
It shall be the duty of all Borough officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a certificate of
appropriateness and, if it should, to inform both the Secretary of
the Commission and the applicant.
