[HISTORY: Adopted by the Board of Commissioners of the City
of Union City 1-7-1997 as Ch. XXIII of the 1996 Revised General Ordinances. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The construction of new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any landmark.
Any work done on any improvement which:
The razing of any improvement or the obliteration of any
natural feature of a landmark.
Any real property such as a building, structure, ruins, foundation,
route, trail, place, including but not limited to a cave, cemetery,
burial ground, camp or village area, or a natural configuration, geological
formation or feature which:
Is of particular historic, cultural, scenic or aesthetic significance
of the City and in which the broad cultural, political, economic or
social history of the nation, state or community is reflected or exemplified;
or
Is identified with historic personages or with important events
in the main current of national, state or local history; or
Shows evidence of habitation, activity or the culture of prehistoric
man; or
Embodies a distinguishing characteristic or an architectural
type valuable as representative of a period, style or method of construction;
or
Represents a work of a builder, designer, artist, or architect
whose individual genius influenced his age; or
Is imbued with traditional or legendary lore.
All landmarks shall specifically be identified within the community
facilities plan element of the Master Plan as recognized by the provisions
of N.J.S.A. 40:55D-28(b)(6).
The designation of a landmark shall be deemed to include the
Tax Map lot 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:
A.
Is not an addition to the improvement.
B.
REPLACEMENT
STRUCTURE
Does not change the appearance of the exterior surface of any improvement.
Repairs when a building permit is required for same.
Any improvement, including but not limited to all buildings.
A.
Creation. There is hereby created in and for the City a commission
to be known as the "Landmarks Commission of the City of Union City."
B.
Membership; appointment; terms.
(1)
The Committee shall be comprised of not fewer than seven nor more
than nine members, all of whom shall be citizens and residents of
the City of Union City serving without pay. The membership shall consist
of the Construction Official or his designee, a member of the Board
of Education and such other citizens as are appointed by the Board
of Commissioners.
[Amended 3-21-2006]
(2)
Members shall be appointed by the Board of Commissioners and serve
for three-year terms, except that City officials shall serve during
their incumbency in City office.
(3)
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 the incumbent's unexpired term.
C.
Organization and rules for procedure.
(1)
The Commission shall elect from its membership a Chairperson and
a Vice Chairperson.
(2)
The Commission shall create rules and procedures for the transaction
of its business subject to the following regulations:
(a)
A quorum for the transaction of business shall consist of four
of the Commission's members including the Chairperson, or in
his/her absence, the Vice Chairperson, but not less than a majority
of the full authorized membership may grant or deny a certificate
of appropriateness.
(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, determinations and decisions. All such material
shall be public record.
(c)
All meetings shall comply with the Open Public Meetings Act,
N.J.S.A. 10:4-7 et seq.
(3)
The Commission members shall serve without compensation but shall
be reimbursed for expenses incurred in the performance of official
business.
(4)
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.
D.
Powers and duties. The Commission shall:
(1)
Within six months of its organization prepare and adopt, pursuant to § 214-4A below, a landmark designation list and official map which shall then be referred to the Board of Commissioners for adoption by ordinance.
(3)
Amend, from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in § 214-4A herein.
(4)
Report at least annually to the Planning Board and the Board of Commissioners
on the state of historic preservation in the City and to recommend
measures to improve same.
(5)
Collect and disseminate material on the importance of historic preservation
and techniques for achieving same.
(6)
Advise all City agencies regarding goals and techniques of historic
preservation.
(7)
Adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
(8)
Preparation of a survey of historical artifacts in all public buildings.
[Added 3-21-2006]
(9)
Recommend rules and regulations to the Board of Commissioners to
protect historical artifacts from being destroyed, removed or taken
from any public building approved for construction, reconstruction
or demolition.
[Added 3-21-2006]
A.
In adopting this chapter it is the intention of the Board of Commissioners
to create an agency which can 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-28(b)(6)
and Section 317 of the BOCA Code, should be viewed as having an independent
basis under N.J.S.A. 40:48-2.
B.
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 should
not necessarily duplicate the style of the landmark; it should simply
be compatible with and not detract from the landmark.
A.
Survey. The Commission shall make a comprehensive survey of the City
for the purpose of identifying Historic Districts and landmarks which
are worthy of protection and preservation.
B.
Designation of landmarks; notice to owners. Based on the survey or
upon the recommendation of concerned citizens, the Commission shall
document the importance and historical significance to the City, state
or nation of each landmark designation in terms of the purposes and
criteria set forth in this chapter. Thereafter, the Commission, by
certified mail, shall:
(1)
Notify each owner that his property has been tentatively designated
an historic landmark.
(2)
Advise each owner of the significance and consequences of such tentative
designation, and advise him/her of his/her opportunities and rights
to challenge or contest such designation.
(3)
Invite each owner to consent voluntarily to final designation without
the need for public hearing or other procedure.
C.
Public hearings.
(1)
The Commission shall, as soon as practicable, make public a complete
list and map of the tentatively designated landmarks and districts
specifying the locations, boundaries and popular names thereof. In
designating any landmark or Historic district the Commission may exempt
any improvement or 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 2/3 of the full authorized membership of the Commission, 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 and map showing all proposed Historic
districts and landmarks shall be published, together with notice of
the hearing on same, in the official newspaper not less than 10 days
before such hearing is to be held.
(2)
After full consideration of the evidence brought forth at the special
hearing, the Commission shall make its final decisions on the designations
and shall issue its final report to the public stating reasons in
support of its actions with respect to each landmark and Historic
District designation.
D.
Adoption of list.
(1)
The list shall be submitted thereafter to the Clerk. The Board of
Commissioners shall then consider whether to adopt the designation
list and map by ordinance. Once adopted, the designation list and
map may be amended in the same manner in which it was adopted.
(2)
Copies of the designation list and official 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.
E.
Plaques. Each designated Historic District or landmark may be marked
by an appropriate plaque, in such form as the Commission shall promulgate
by regulation.
A.
Certificates of appropriateness. A certificate of appropriateness
issued by the Landmarks Commission shall be required before a permit
can be issued or, in the event no other type of permit is otherwise
required, before any of the following work can commence on the property
of any landmark or within any Historic District:
(1)
Demolition of a historic landmark or of any improvement within any
Historic District.
(2)
Relocation of any historic landmark or of any improvement within
any Historic District.
(3)
Change in the exterior appearance of any existing landmark or of
any improvement within any Historic District by addition, alteration
or replacement.
(4)
Any new construction of a principal or accessory structure.
(5)
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.
B.
Exceptions. A certificate of appropriateness shall not be required
for any repainting, repair or exact replacement of any existing improvement.
In the event that the color or exterior surface material of the improvement
is changed as a result of such repainting, repair or exact replacement,
a certificate of appropriateness shall not be required of the new
color or exterior surface is one that has been previously approved
by regulations duly promulgated by the Commission for similar improvement
in that district or as to that landmark. In the event that the repainting,
repair or exact replacement does not conform to the regulations, a
certificate of appropriateness shall be required.
C.
Applications for certificates.
(1)
Application for a certificate of appropriateness shall be made on
forms available therefor from the secretary of the Landmarks Commission.
Completed applications shall be delivered to: Landmarks Commission,
City of Union City, City Clerk's Office, 3715 Palisade Avenue,
Union City, NJ 07087.
(2)
Applications shall include the following:
(a)
All forms shall be completed by the applicant.
(b)
A certificate that all property owners within 200 feet of the
lot lines of the landmark property have been sent certified mail notice
of the application not less than 10 days before the hearing.
(c)
Proof of publication of a notice of the application in the official
newspaper not less than 10 days prior to the hearing.
(d)
The following exhibits:
[1]
An overall site plan layout, at a minimum scale of one inch
equals 20 feet, showing the location of all adjacent properties.
[2]
Sufficient color photographs of all adjacent properties and
buildings within a minimum of 60 feet of the landmark property lines.
Each photograph shall be properly identified and referenced on the
site plan.
[3]
Elevation drawings may be optional at the Commission's
request. All building elevations required shall be at a minimum scale
of 1/8 inch equals one foot.
(3)
The Landmarks Commission shall reach a decision on the application
within 21 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 Landmarks Commission. The Landmarks
Commission may advise the applicant and make recommendations in regard
to the appropriateness of proposed action, and may grant approval
upon such conditions as it deems appropriate within the intent and
purposes of this chapter. If an application is approved, the Landmarks
Commission shall forthwith issue a certificate of appropriateness.
If the Landmarks Commission disapproves an application, the Commission
shall state its reasons, in writing, in resolution form, within 10
days of such decision. In case of disapproval, the Landmarks Commission
shall notify the applicant, in writing, of such resolution of disapproval
and provide the applicant with a certified copy thereof. A summary
of the Commission's action shall be published in the official
newspaper.
(4)
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 application is such that the minor change sought neither justifies
the time and expense of the plenary proceeding nor will impact negatively
on the public good nor specifically on the historic qualities sought
to be preserved. The Commission, by a two-thirds affirmative vote
of its full authorized membership, may grant such relief from the
requirements of this section as it deems consistent with the public
good and the purposes of this chapter.
(5)
An applicant may allege that a certificate of appropriateness should
be granted without his/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 the addition or alteration cannot adversely affect
the public interest. In that event the Commission, by a majority vote
of its full authorized membership, upon a finding that the applicant's
claim is accurate, may forthwith grant a certificate of appropriateness
on that basis.
D.
Issuance of certificate; effects. Issuance of a certificate of appropriateness
shall be deemed to be final approval pursuant to this chapter. Such
approval shall neither cause nor prevent the filing of any collateral
application or other proceeding required by any other City ordinance
to be made prior to undertaking the action requested vis-a-vis the
landmark or structure in the Historic District.
E.
Denial; appeal.
(1)
Denial of a certificate of appropriateness shall be deemed to preclude
the applicant from undertaking the activity applied for vis-a-vis
a landmark or improvement in a Historic District.
(2)
The granting or denial of a certificate of appropriateness may be
appealed to the Board of Commissioners in the same manner as if the
appeal were taken, pursuant to N.J.S.A. 40:55D-17 from action by the
Planning Board or Zoning Board of Adjustment.
(3)
Nothing herein shall be deemed to limit the right of judicial review
of the municipal action after an appeal is concluded by the Board
of Commissioners.
F.
Permit review. All municipal officials reviewing all permit applications
involving real property or improvements thereon shall determine whether
such application involves any activity which should also be the subject
of an application for a certificate of appropriateness. If it should,
such official shall inform both the secretary of the Commission and
the applicant.
A.
Demolitions. In regard to an application to demolish a historic landmark
or any improvement within a Historic District, the following matters
shall be considered:
(1)
Its historic, architectural and aesthetic significance.
(2)
Its use.
(3)
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.
(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.
(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 City a more attractive and desirable place
in which to live.
(6)
If it is within a Historic District, the probable impact of its removal
upon the ambience of the Historic District.
B.
Removals out of the City. In regard to an application to move a historic
landmark within a Historic District, to a location outside the City,
the following matters shall be considered:
(1)
The historic loss to the site of original location.
(2)
The compelling reasons for not retaining the landmark or structure
at its present site.
(3)
The proximity of the proposed new location to the City, including
the accessibility to the residents of the City and other citizens.
(4)
The probability of significant damage to the landmark or structure
itself.
C.
Removals within the City. In regard to an application to move a historic landmark or any structure in a Historic District to a new location within the City, following matters shall be considered in addition to the matters listed in Subsection B:
D.
Additions or removals. In regard to an application to move a landmark or structure into, or to construct a new structure or add to or alter an existing structure within a Historic District, or a landmark, the visual compatibility of the proposed structure 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 Subsection G.
E.
Consideration on other actions. In regard to an application for other approval of any proposed action as set forth in § 214-5A, the following matters shall be considered:
(1)
If a historic landmark or a structure in a Historic District is involved:
(a)
The impact of the proposed change on its historic and architectural
character.
(b)
Its importance to the City and the extent to which its historic
or architectural interest would be adversely affected to the detriment
of the public interest.
(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 structure within a Historic District
from a public street.
(4)
If the application deals with a structure within a Historic District, the impact the proposed change would have on the character and ambiance of the Historic District, and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection G.
F.
Interiors. In regard to all applications, additional pertinent matters
may be considered, but in no instance shall interior arrangement be
considered.
G.
Visual compatibility factors. The following factors shall be used
in determining the visual compatibility of a building, structure or
appurtenance thereof with the buildings and places to which they are
visually related and shall be known as "visual compatibility factors":
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
Proportion of the 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.
(3)
Proportion of openings. The relationship of the width of windows
to the height of windows in a building shall be visually compatible
with the buildings and places to which it is visually related.
(4)
Rhythm of solids to voids on front facades. The relationship of solids
to void in the front facade of a building shall be visually compatible
with the buildings and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. 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.
(6)
Rhythm of entrance and/or porch projections. 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.
(7)
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.
(8)
Roof shapes. The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building, such as walls,
open-type fencing, 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.
(10)
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.
(11)
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 is vertical character,
horizontal character, or nondirectional character.
A.
Findings. Recognizing the need for preventive maintenance to ensure
the continued useful life of landmarks and structures in Historic
Districts, the Board of Commissioners hereby declares that code enforcement
vis-a-vis landmarks and structures in Historic Districts is a high
municipal priority.
B.
Notice of violations. In the event that any landmark or improvement
in a Historic District deteriorates to the point that, in the best
estimate of the Department of Inspections, 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
Department 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 Department
shall for good cause grant, the City may, at the expiration of 90
days, enter upon the property and abate such violations itself and
cause the cost thereof to become a lien on the property.
C.
Hearing.
(1)
Upon receipt of such notice the owner, within 10 days after such
receipt, may notify the Department of Inspections of his/her wish
to have a hearing as to the allegations and estimates set forth in
the department's notice. Such hearing shall be conducted by the
construction official and so far as possible, by a formal adversary
proceeding in which the Department of Inspections, shall establish
the matters alleged in the notice by a preponderance of the evidence.
(2)
If the owner does not request a hearing, the procedures set forth in Subsection B shall prevail. If a hearing is requested, the Construction Official, within 10 days following the hearing, will serve on the owner an opinion, in writing, setting forth his/her conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection B.
D.
Abatement by City.
(1)
Thereafter, if the owner does not comply, the Department 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.
(2)
The head of the Department shall then certify to the Board of Commissioners
the cost of such work, plus all administrative, clerical and legal
costs and overhead attributable thereto and shall present same to
the Commissioners.
(3)
The Board of Commissioners, by resolution, may vote to cause the
sum so certified to become a lien upon the landmark property payable
with the next quarter's property taxes, and if not then paid
shall bear interest at the same rate as delinquent taxes.
A.
Violation.
(1)
If any person shall undertake any activity vis-a-vis a landmark or
improvement within a Historic District without first having obtained
a certificate or appropriateness, such person shall be deemed to be
in violation of this chapter.
(2)
Upon learning of the violation, the Zoning Officer shall personally
serve upon the owner of the lot whereon 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 City with the 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 municipal tax rolls.
(3)
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 separate day the violation
exists shall be deemed to be a new and separate violation of this
chapter.
C.
Emergency procedures. In the event that any action which would permanently
change adversely the landmark or Historic District such as demolition
or removal is about to occur without a certificate of appropriateness
having been issued, the Zoning Officer is hereby authorized to apply
to the Superior Court of New Jersey for such injunctive relief as
is necessary to prevent the destruction of any landmark.