A.
There is hereby established a Hoboken Historic Preservation Commission
("Commission"), which shall consist of nine regular members and two
alternate members. At least one regular member shall be from Class
A, and one regular member shall be from Class B. All members of the
Commission shall serve in a strictly voluntary capacity without any
compensation, salary, wages or emoluments.
B.
Classifications and qualifications of members. No more than four
of the regular members shall be of and designated as Classes A and
B. The remaining regular members may be of and shall be designated
as Class C. The two alternates shall be designated "Alternate No.
1" and "Alternate No. 2." The classes are defined as:
(1)
Class A: a person who is knowledgeable in building design and construction
or architectural history and who may reside outside the municipality.
(2)
Class B: a person who is knowledgeable in or with a demonstrated
interest in local history and who may reside outside the municipality.
(3)
Class C: any citizen of Hobokan who holds no municipal office, position
or employment with the City of Hoboken except for membership on the
Planning Board or Zoning Board of Adjustment.
C.
Alternate members shall meet the qualifications of Class C members.
D.
The Mayor shall appoint all members of the Historic Preservation
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."
E.
The Mayor shall fill vacancies on the Historic Preservation Commission
within 60 days following the creation of the vacancy.
F.
To the extent possible, the Mayor shall appoint to the Historic Preservation
Commission professionals from the disciplines of planning, folklore,
cultural anthropology, curation, conservation, landscape architecture,
architecture, history, architectural history, prehistoric archaeology
and historic archaeology who meet the requirements of National Park
Service professional qualification standards.
G.
All Historic Preservation Commission members, at least once annually,
shall attend a conference or training workshop on historic preservation
issues or a training workshop provided by a qualified expert in historic
preservation during a special meeting of the Historic Preservation
Commission.
A.
C.
Initial terms shall commence on the date of appointment; successive
terms shall commence on January 1 of each respective year.
D.
A vacancy occurring other than by expiration of term shall be filled
for the unexpired term only by Alternate No. 1. If Alternate No. 1
is not available to fill the vacancy, then Alternate No. 2 shall fill
the vacancy of the regular member. Notwithstanding any other provision
herein, the term of any members common to the Historic Preservation
Commission and to the Planning Board shall not extend beyond the term
of membership on the Planning Board for that particular member; and
the term of any member common to the Historic Preservation Commission
and to the Zoning Board of Adjustment shall not extend beyond the
term of membership on the Zoning Board of Adjustment. All vacancies
for regular members and alternates shall be filled with qualified
members within 60 days.
E.
The Historic Preservation Commission shall elect a Chairperson and
Vice Chairperson from its members and select a Secretary, who may
be a member of the Historic Preservation Commission or a municipal
employee.
F.
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. If Alternate No. 1 is unable to vote due to absence
or any other basis for disqualification, Alternate No. 2 shall be
permitted to vote in place of Alternate No. 1.
G.
No member of the Historic Preservation Commission shall be permitted
to act on any matter in which the member has, either directly or indirectly,
any personal or financial interest, and he/she shall adhere to and
abide by the provisions of the Local Government Ethics Law of the
State of New Jersey, P.L. 1991, c. 29 (N.J.S.A. 40a:9-22.5). Whenever
any such member shall disqualify himself or herself from acting on
a particular matter, he or she shall not continue to sit with the
municipal agency on the hearing of such matter nor participate in
any discussion or decisions relating thereto.
H.
A member of the Historic Preservation Commission may, after public
hearing by the governing body, if another member requests such removal,
be removed by the City Council for cause.
A.
The governing body may make provisions in its budget and appropriate
funds for the expenses of the Historic Preservation Commission.
B.
The governing body may establish a schedule of fees to be paid by
all applicants upon submission of an application for a certificate
of appropriateness or certificate of no effect, or upon the submission
of any other applications presented to the Historic Preservation Commission
pursuant to this chapter. The adopted fee schedule shall be made available
in the office of the Historic Preservation Commission and shall be
attached hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
C.
The Historic Preservation Commission may employ, contract for and
fix the compensation of experts and other staff and services as it
shall deem necessary. The Historic Preservation Commission shall obtain
its legal counsel from Corporation Counsel at the rate of compensation
determined by the governing body, unless the governing body, by appropriate
action, provides for separate legal counsel for the Historic Preservation
Commission. Corporation Counsel shall provide advice to the Historic
Preservation Commission at the Historic Preservation Commission's
request or upon Corporation Counsel's own initiative. Expenditures
pursuant to this subsection shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for the Historic
Preservation Commission's use.
The Zoning Officer shall be the administrative officer for the
Historic Preservation Commission.
The Historic Preservation Commission shall have the following
responsibilities:
A.
To prepare a survey of historic sites of Hoboken pursuant to criteria
identified in the survey report, including but not limited to the
United States Secretary of the Interior's Standards for the Treatment
of Historic Properties.
B.
To make recommendations to the Planning Board on the Historic Preservation
Plan Element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
C.
To advise the Planning Board on the inclusion of historic sites in
the recommended capital improvement program.
D.
To advise the Planning Board or Board of Adjustment on any application
for development, variance relief, and/or interpretation, with regard
to historic districts, property, sites, or resources designated herein
or on Hoboken's Zoning or Official Map or identified in any component
element of the Master Plan.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
E.
To provide the administrative officer with written reports on the
application of the Zoning Ordinance provisions concerning historic
preservation applications not under the jurisdiction of the Planning
Board or Board of Adjustment.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
F.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in Hoboken.
G.
Provide an annual report, not later than April 30 of each year, to
the Planning Board, the Board of Adjustment and the City Council on
the state of historic preservation in the City and recommend measures
to improve the same. Such a report shall address: any properties added
to either the New Jersey or National Register of Historic Places;
areas in the community that the Commission feels may be experiencing
development pressures that would impact historic landmarks or historic
districts or resources; buildings or structures that the Commission
may be considering for local designation; and any other such information
the Commission deems relevant.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
H.
Undertake an advisory review, at the request of the Mayor, City Council,
Planning Board or Board of Adjustment, of any application for a project
within the City, or for projects outside of the City but which may
have a physical or visual impact on the cultural resources of the
City. The Commission shall develop, in a timely manner, a report on
its findings and submit the same to the Mayor, City Council, Planning
Board, Board of Adjustment and State Historic Preservation Office.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
A.
No building permit, demolition permit or certificate of zoning compliance
shall be issued that will impact any exterior architectural feature
which may be visible or is open to view from the public right-of-way
pertaining to an historic site, landmark or property within an historic
district shall be issued or amended prior to review by the Historic
Preservation Commission and the issuance of either a certificate of
appropriateness or certificate of no effect. Exterior architectural
features, for purposes of this section, include building facades,
decorative elements such as lintels, sills and cornices, stoops, ironwork,
paint, storefronts, windows, signage of all types including building
identification, furniture and accessories associated with a sidewalk
cafe and any other such appurtenant features associated with the historic
site, landmark or property.
B.
The Historic Preservation Commission shall issue Certificates of
Appropriateness for the erection, alteration, restoration, or demolition
of buildings and structures within historic districts and historical
landmarks so designated herein. In determining appropriateness, the
Historic Preservation Commission shall apply the standards of the
United States Department of the Interior, i.e., the Secretary of the
Interior's Standards for the Treatment of Historic Properties,
as well as the historical and architectural value and significance,
architectural style, general design, arrangement, texture and materials
of the architectural style and pertinent features of other structures
in the immediate neighborhood.
C.
The Historic Preservation Commission shall issue certificates of
no effect for minor repairs or in-kind restoration of exterior elements
that will have no visual, architectural, structural or historical
impact on the building or structure.
A.
Application for a certificate of appropriateness or a certificate
of no effect shall be made on the standard form available in the office
of the Historic Preservation Commission and shall be attached hereto
as Appendix B.[1] The application must include:
(1)
The name, street address and contact information (phone number or
electronic mail address) of the property owner, business owner, and
applicant;
(2)
The address and tax block and lot of the subject property;
(3)
Sketches, drawings, photographs, descriptions, product samples and
other appropriate documentation and information to show the proposed
work and materials;
(4)
Photographs of the subject property's existing condition; and
(5)
A certification signed by the property owner, business owner and
applicant that each party has familiarized themselves with the requirements
of this chapter that pertain to the application.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
B.
If the proposed changes are to be presented to the Planning Board
or Zoning Board of Adjustment, the same documentation for submission
required for those Boards shall be submitted to the Historic Preservation
Commission.
C.
All applications for review must be received by the Historic Preservation
Commission no later than 10 business days prior to the date scheduled
for the Historic Preservation Commission's review of the application.
D.
No application shall be docketed for consideration by the Historic
Preservation Commission unless the administrative officer has deemed
the application to be complete, i.e., has deemed that the application
contains information sufficient for the Historic Preservation Commission
to conduct an informed discussion and to render a decision on the
merits of the application at the docketed time without extensive further
negotiation during its meeting. Notwithstanding the foregoing prohibition
on extensive negotiation during the Historic Preservation Commission
meeting, an applicant may include within its application alternative
proposals for the Historic Preservation Commission's review during
the meeting for which the application has been docketed.
E.
The applicant shall provide the required number of copies of the
application to ensure that each regular and alternate member of the
Historic Preservation Commission, plus the Secretary and the administrative
officer, has an identical copy of the application.
A.
All applications for a building or demolition permit or certificate of zoning compliance involving property which is an historic site or is in an historic district shall be referred to the Historic Preservation Commission for a written report on the application of the standards in Article V for the proposed work.
B.
Within 45 days of the referral and delivery of an application to
the Historic Preservation Commission ("review period"), the Historic
Preservation Commission shall issue a certificate of appropriateness
or a certificate of no effect, as the case may be, in addition to
any required written report to the Zoning Officer and to the applicant.
A certificate of appropriateness or a certificate of no effect may
be issued subject to conditions the Commission deems appropriate under
this chapter. Such conditions shall be memorialized in the certificate
of appropriateness. To ensure compliance with its conditions, the
Historic Preservation Commission may require, or, as the case may
be, may recommend that the Planning Board of Zoning Board or Adjustment
require, that the applicant, its successors and assigns provide, in
favor of the City of Hoboken, a performance guaranty, easement, deed
restriction or other legal instrument.
C.
If, within the forty-five-day review period, the Historic Preservation
Commission recommends to the administrative officer that a building
permit or demolition permit not be issued or that the permit be issued
subject to conditions, the administrative officer shall deny issuance
of the permit or include the conditions in the permit, as the case
may be, unless the application has already been approved by the Planning
Board or Zoning Board of Adjustment.
D.
An applicant who disagrees with the Historic Preservation Commission's
decision to not issue a certificate of appropriateness or a certificate
of no effect, or who disagrees with conditions in the permit, shall
have the right to appeal the Historic Preservation Commission's decision
to the Planning Board or Zoning Board of Adjustment, as the case may
be.
E.
Failure by the Historic Preservation Commission to report within
the forty-five-day review period shall be deemed to constitute a report
in favor of the issuance of the permit without conditions. Nothing
herein shall prohibit an extension of time for hearing the application
by agreement between the applicant and the Historic Preservation Commission.
F.
Where an historic site or property in an historic district requires
Planning Board or Zoning Board of Adjustment review, the Zoning Officer,
in rejecting the application for a certificate of zoning compliance,
shall refer it concurrently to both the Historic Preservation Commission
and the Board considering the application. If an application is made
directly to either Board involving an historic site or property in
an historic district, the Board shall refer a copy of the application
to the Historic Preservation Commission. The above written report
of the action taken by the Historic Preservation Commission shall
also be submitted to the respective Board. The Historic Preservation
Commission may provide its advice through one of its members or staff
or other designee testifying at the Board's hearing on the application
and explaining any written report which may have been submitted.
G.
Failure by the Planning Board or Zoning Board of Adjustment to refer
the application to the Historic Preservation Commission shall not
invalidate any hearing or proceeding before the Planning Board or
Zoning Board of Adjustment.
H.
The Historic Preservation Commission, directly or through the administrative
officer, shall advise the Construction Code Official of the Historic
Preservation Commission's actions on all applications for certificates
of appropriateness and, as appropriate, may ask the Construction Code
Official to apply those provisions of the Rehabilitation Subcode pertinent
to historic structures.
I.
On the Chairperson's initiative, or at the request of two members
of the Historic Preservation Commission, or upon the recommendation
of the administrative officer, the Chairperson shall convene a special
meeting of the Historic Preservation Commission to address unusual
and compelling circumstances that, in the opinion of the Chairperson
or at least two members of the Commission, require attention prior
to the next regularly scheduled meeting of the Historic Preservation
Commission, provided that public notice of such special meeting shall
meet all statutory requirements.
A certificate of appropriateness or a certificate of no effect
shall be valid for a period of one year from the date of issue, unless
reasonable extensions are granted by the Historic Preservation Commission.
Requests for extensions shall be by written request at least three
months prior to expiration of the existing certificate and shall require
four affirmative votes of the Commission. If a permit is also required
and is obtained prior to expiration of the one-year period, then the
certificate shall be valid for the life of the permit.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
A.
The Historic Preservation Commission shall review all applications
involving historic sites or property in an historic district and determine
whether such applications are subject to Planning Board or Board of
Adjustment review or not.
B.
Where an application is subject to Planning Board or Board of Adjustment
review, the application shall be heard by the Historic Preservation
Commission before being heard by the Planning Board or Board of Adjustment.
The Historic Preservation Commission shall submit a copy of its written
report to the Board for consideration on its hearing of the application
under the MLUL.
C.
The Historic Preservation Commission, through its delegation of one
of its members or staff or other designee, may testify at hearings
on applications to explain any written report which may have been
submitted.
D.
The decision of the Planning Board or Board of Adjustment shall be
the final decision on the application, including those aspects of
the application contained in the report of the Historic Preservation
Commission.
E.
No provision of this chapter shall be construed as permitting the
Commission to grant a variance, exception or waiver from any provision
of this chapter, whether concerning an historic site or property in
an historic subdistrict or not, although the Historic Preservation
Commission may recommend the grant of a variance, exception or waiver
if such relief would be consistent with the adopted standards.
F.
In furtherance of its advisory functions to promote historic preservation
in Hoboken, the Historic Preservation Commission shall prepare for
the Board of Adjustment, the Planning Board of Adjustment and the
City Council an annual report on applications that the Historic Preservation
Commission has heard during the previous calendar year that were the
subject of matters the Board of Adjustment referred to the Historic
Preservation Commission. The Historic Preservation Commission shall
describe the effect of the Board of Adjustment's actions on any matters
pertaining to historic sites. The Historic Preservation Commission
shall schedule the preparation and issuance of its report so as to
provide the Zoning Board of Adjustment sufficient time to include
the Historic Preservation Commission's findings and recommendations
in the annual report on variances that the Board of Adjustment is
required to prepare.
G.
The Historic Preservation Commission's annual report pursuant to Subsection D above shall summarize the effect of the Planning Board's action on any matters pertaining to historic sites that the Planning Board referred to the Historic Preservation Commission. Additionally, this report shall address: any properties added to either the New Jersey or National Register of Historic Places; areas in Hoboken that the Commission believes may be experiencing development pressures that would impact historic landmarks or historic districts; buildings or structures that the Commission may be considering for local designation; and other relevant matters.
A.
In order to make available to the public information useful to the
preservation and protection of historic resources, buildings, structures,
objects, sites and landscape features, and to provide the basis for
a consistent application of policy and the requirements of the Code
of the City of Hoboken, the Historic Preservation Commission shall
maintain complete files and records, including but not limited to
Historic Preservation Commission bylaws, data used in the classification
of buildings, structures, objects, sites end landscape features, minutes
of Historic Preservation Commission meetings, applications for certificates
of appropriateness and certificates of no effect along with collateral
data, decisions and reasonings and appeals associated therewith, and
information, documentation, materials and references submitted by
the public related to historic preservation. An audio recording of
the proceedings of each meeting shall be kept and available in accordance
with the provisions of the New Jersey Open Public Records Act.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B.
Such records, materials and information set forth in Subsection A of this section shall be the property of the City of Hoboken and shall be held in the custody of the Historic Preservation Commission, which shall keep a complete file of all records in the offices of the Historic Preservation Commission, Hoboken's libraries or other suitable facilities for depositories and shall lend materials from time to time for public use and display.
The Mayor, through the Director of Community Development, shall
provide clerical and technical assistance, materials, supplies and
services to the Historic District Commission.
