A.
In performing its responsibilities as set forth in this chapter, the Historic Preservation Commission shall apply the United States Secretary of the Interior's Standards for the Treatment of Historic Properties, as stated in Article III.
B.
To ensure compliance with Subsection A of this section, not less frequently than once annually, the administrative officer shall inform the Historic Preservation Commission of any changes that the Secretary of the Interior has made to the Standards for the Treatment of Historic Properties and shall recommend any changes to this Article V that the Historic Preservation Commission may wish to recommend to City Council as amendments to this article.
Preservation shall be considered the most appropriate treatment of an historical property: when the property's distinctive materials, features, and spaces are essentially intact and thus convey the historic significance without extensive repair or replacement; when depiction of a particular period of time is not appropriate; and when a continuing or new use does not require additions or extensive alterations. Consistent with § 42-20, the following preservation standards shall apply:
A.
A property will be used as it was historically or be given a new
use that maximizes the retention of distinctive materials, features,
spaces and spatial relationships. Where a treatment and use have not
been identified, a property will be protected and, if necessary, stabilized
until additional work may be undertaken.
B.
The historical character of a property will be retained and preserved.
The replacement of intact or repairable historical materials or alteration
of features, spaces and spatial relationships that characterize a
property will be avoided.
C.
Each property will be recognized as a physical record of its time,
place, and use. Work needed to stabilize, consolidate, and conserve
existing historical materials and features will be physically and
visually compatible, identifiable upon close inspection, and properly
documented for future research.
D.
Changes to a property that have scquired historical significance
in their own right will be retained and preserved.
E.
Distinctive materials, features, finishes, and construction techniques
or examples of craftsmanship that characterize a property will be
preserved.
F.
The existing condition of historical features will be evaluated to
determine the appropriate level of intervention needed. Where the
severity of deterioration requires repair or limited replacement of
a distinctive feature, the new material will match the feature being
replaced in original composition, design, color, and texture.
G.
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historical materials will not be used.
H.
Archaeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
Rehabilitation shall be considered the most appropriate treatment of an historical property: when repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction of a particular period of time is not appropriate. Consistent with § 42-20, the following rehabilitation standards shall apply:
A.
A property will be used as it was historically or be given a new
use that requires minimal change to its distinctive material, features,
spaces, and spatial relationships.
B.
The historical character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, space
and spatial relationships that characterize a property will be avoided.
C.
Each property will be recognized as a physical record of its time,
place, and use. Changes that create a false sense of historical development,
such as adding conjectural features or elements from other historical
properties, will not be undertaken.
D.
Changes to a property that have acquired historical significance
in their own right will be retained and preserved.
E.
Distinctive materials, features, finishes, and construction techniques
or examples of craftsmanship that characterize a property will be
preserved.
F.
Deteriorated historical features will be repaired rather than replaced.
Where the severity of deterioration requires replacement of a distinctive
feature, the feature being replaced will match the feature in original
design, color, texture, and, where possible, materials. Replacement
of missing features will be substantiated by documentary and physical
evidence.
G.
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historical materials will not be used.
H.
Archaeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
I.
New additions, exterior alterations, or related new construction
will not destroy historical materials, features, and spatial relationships
that characterize the property. The new work shall be differentiated
from the old and will be compatible with the historical materials,
features, size, scale and proportion and massing to protect the integrity
of the property and its environment.
J.
New additions and adjacent or related new construction will be undertaken
in such a manner that, if removed in the future, the essential form
and integrity of the historical property and its environment would
be unimpaired.
Restoration shall be considered the most appropriate treatment of an historical property: when the property's design, architectural, or historical significance during a particular period of time outweighs the potential loss of extant materials, features, spaces, and finishes that characterize other historical periods; where there is substantial physical and documentary evidence for the work; and when contemporary alterations and additions are not planned. Prior to undertaking restoration, a particular period time, i.e., the restoration period, should be selected and justified and a documentation plan for restoration developed. Consistent with § 42-20, the following standards for restoration shall apply:
A.
A property will be used as it was historically or be given a new
use which reflects the property's restoration period.
B.
Materials and features from the restoration period will be retained
and preserved. The removal of materials or alteration of features,
spaces, and spatial relationships that characterize the period will
not be undertaken.
C.
Each property will be recognized as a physical record of its time,
place, and use. Work needed to stabilize, consolidate and conserve
materials and features from the restoration period will be physically
and visually compatible, identifiable upon close inspection, and property
documented for future research.
D.
Materials, features, spaces and finishes that characterize other
historical periods will be documented prior to their alteration or
removal.
E.
Distinctive material, features, finishes, and construction techniques
or examples of craftsmanship that characterize the restoration period
will be preserved.
F.
Deteriorated features from the restoration period will be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the feature being replaced will
match the feature in original design, color, texture, and, where possible,
materials.
G.
Replacement of missing features from the restoration period will
be substantiated by documentary and physical evidence. A false sense
of history will not be created by adding conjectural features, features
from other properties, or by commingling features that never existed
together historically.
H.
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historical materials will not be used.
I.
Archaeological resources affected by a project will be protected
and preserved in place. If such resources must be disturbed, mitigation
measures will be undertaken in accordance with a plan reviewed and
approved by the Historic Preservation Commission.
J.
Designs that were never executed historically will not be permitted
to be constructed.
Reconstruction shall be considered the most appropriate treatment of an historical site: when a contemporary depiction is required to understand and interpret an historical site's historic value (including the recreation of missing components in an historic district or site); when no other property with the same associative value has survived; and when sufficient historical documentation exists to ensure an accurate reproduction. Consistent with § 42-20, the following standards for reconstruction shall apply:
A.
Reconstruction will be used to depict vanished or nonsurviving portions
of a property when documentary and physical evidence is available
to permit accurate reconstruction with minimal conjecture and such
reconstruction is essential to the public understanding of the property.
B.
Reconstruction of a landscape, building, structure, or object in
its historic location will be preceded by a thorough archaeological
investigation to identify and evaluate those features and artifacts
which are essential to an accurate reconstruction. If such resources
must be disturbed, mitigation measures will be undertaken.
C.
Reconstruction will include measures to preserve any remaining materials,
features, and spatial relationships.
D.
Reconstruction will be based on the accurate duplication of historical
features and elements substantiated by documentary or physical evidence
rather than on conjectural designs or the availability of different
features from other historical properties. A reconstructed property
will recreate the original historical appearance of the nonsurviving
historical property in materials, design, color, and texture.
E.
A reconstruction will be clearly identified as a contemporary recreation.
F.
Designs that were never executed historically will not be permitted
to be constructed.
In addition to the general standards in § 42-20, the following standards shall apply:
A.
New construction need not replicate historical older buildings or
structures but may reflect contemporary design standards while using
contemporary design elements that relate to the existing historical
structures that surround the new structure. Building height, width,
mass and proportion affect the degree of compatibility between the
old and the new.
B.
Site and setting. A developer intending to utilize an historical
resource as a part of a development must consider the context of the
resource's original site by honoring the original historical intention
of said resource and integrating it respectfully into the new development.
C.
Building height. Height should be visually compatible with adjacent
buildings. The apparent physical size, scale and height should relate
to existing resources.
D.
Openings on frontal facades. The width and height of windows, doors
and entries must be visually compatible with the buildings and structures
of historical significance in the surrounding environment and to which
the new building is visually related.
E.
Relationship of unbroken planes to voids (i.e., punctured planes)
in front facades. The relationship of unbroken planes (i.e., walls)
to voids (i.e., windows and doors) on the facade of a building or
structure should be aesthetically harmonious with that of buildings
and structures of historical significance in the surrounding environment.
F.
Relationship of vacant land to buildings/structures. The relationship
of a building or structure to the vacant land of an adjoining building
or structure should not violate the existing pattern of spatial relationships
of historically significant structures to the vacant land between
said structures and adjoining buildings. The building mass in large
architectural projects can be varied in form by using setbacks to
create open spaces and landscaping when desirable to provide harmonious
visual transitions between new construction and the adjacent historical
properties.
G.
Relationship of exterior projections to the street. The relationship
of exterior projections to the street in new construction should be
visually compatible with the exterior projections to the street in
the surrounding existing buildings of historical significance.
H.
Relationship of major exterior building materials. The major exterior
building materials on the facade of a building or on a structure should
reflect the predominant major building materials existent on the facades
of historically significant buildings and on structures in the surrounding
environment.
I.
Roof forms. The roof form and slope of a building or structure is
a major element in the visual appearance of the building. Designers
must take into consideration, when designing for new construction,
the existing historical roof forms and slopes of buildings and structures
that the new building will be visually related to.
J.
Continuity in visual imagery of appurtenances. Appurtenances of a
building or structure, such as walls, fences and landscape masses,
shall honor the relationship of appurtenances to buildings of historical
significance in the surrounding environment.
K.
Scale of buildings. The scale of buildings and structures shall be
in scale with the buildings and structures to which it is visually
related.
L.
Signage. Permanent signs which are out of keeping with the character
of the built environment in question should not be used. Excessive
size, inappropriate placement on buildings and inappropriate materials
will result in visual clutter.
M.
Site planning. The site planning of landscaping, parking facilities,
utility and service areas, walkways and appurtenances must reflect
the site planning of landscaping, parking facilities, utility and
service areas, walkways and landscape features that form a network
of buildings or structures of historical significance.
In considering whether to recommend, approve or disapprove an
application for a permit to relocate a building, object or structure
designated an historical landmark or located in an historic district,
the Historic Preservation Commission shall be guided by the following
considerations:
A.
The historical character and aesthetic interest the building, structure
or object contributes to its setting at the time of the application;
B.
Whether there are definite plans for the area to be vacated and what
will be the effect of implementing those plans on the character of
the surrounding area;
C.
Whether the building, structure or object can be moved without significant
damage to its physical integrity; and
D.
Whether the proposed area of relocation is compatible with the historical
and architectural character of the building, object or structure.
A.
The following shall be considered by the Historic Preservation Commission
in regard to an application for demolition or partial demolition of
a building or building facade, historical structure, site or object:
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
(1)
Its historical, architectural and aesthetic significance;
(3)
Its importance to the City of Hoboken and the extent to which its
historical and/or architectural value is such that its removal would
be detrimental to the historic district, the block frontage on which
it is located, and/or 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 business; create
new and/or more highly compensated employment; attract tourists, students,
writers, historians, artists or artisans; encourage interest in the
study of history; stimulate interest in the study of architecture
and design; educate citizens about American culture and heritage;
or make the City of Hoboken a more attractive and desirable place
in which to live, work, shop and engage in cultural activities;
(6)
How its removal would impact the aesthetic character of the block
on which it is located;
(7)
The structural condition of the building and the structural impact
demolition could have on surrounding buildings, structures, landscape
and other neighborhood features. Upon request, a report shall be prepared
by a qualified structural engineer, experienced in the construction
of nineteenth- and twentieth-century buildings, setting forth information
concerning the structural soundness and integrity of the building
so as to comply with the requirements of the Uniform Construction
Code, including the Rehabilitation Sub-code;
(8)
The economic feasibility of restoring or rehabilitating the structure
so as to allow for a reasonable use of the structure and land pertaining
to it;
(9)
Whether there is any threat to the public health and safety as a
result of deterioration or disrepair of the building that cannot reasonably
be cured;
(10)
The technological feasibility of rehabilitating the structure;
(11)
The intended use of the property;
(12)
The use for which the building was designed and the feasibility
of utilizing it for its designed use; and
(13)
In cases of partial demolition, the effect of the partial demolition
on the remaining portion of the building, structure, site, object
or landscape features, and the impact of demolition, if any, on adjoining
buildings or structures.
B.
An applicant wishing to demolish or partially demolish a building, building facade, structure, site or object, whether or not that building, building facade, structure, site or object is a designated historic site or located in an historic district, shall adhere to the review and approval processes outlined in Chapter 79A, Building Demolition, of the Municipal Code of the City of Hoboken, and supplemented by this section.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
C.
If an application to demolish is denied, the applicant shall follow the appeal process detailed herein at § 42-31.
D.
In the event the Historic Preservation Commission requires the Construction
Code Official to deny a demolition permit, the Historic Preservation
Commission may recommend that the site be reserved for a period of
one year, or within such further time as the owner of the site may
agree to grant to the City of Hoboken, for the acquisition of the
historical site, by purchase or condemnation, pursuant to the provisions
of the MLUL regarding reservation of public areas (N.J.S.A. 40:55D-44).
The one-year period shall be measured from the date on which the Historic
Preservation Commission has directed the Construction Code Official
to deny the demolition permit or the date on which the applicant notifies
the Historic Preservation Commission that it has exhausted all appeals,
whichever date is later.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
E.
In the event the Historic Preservation Commission grants an application
for demolition, or in the event an appeal is taken to the Board of
Adjustment whose decision is to grant an application for demolition,
no demolition permit shall be issued for a period of 10 days following
the later date of the decision by the Historic Preservation Commission
or the Board of Adjustment, if an appeal is taken to the Board of
Adjustment.
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
F.
In the event that the Historic Preservation Commission disapproves
an application for a permit to demolish a building, place or structure,
the owner shall, nevertheless, as a matter of right, be entitled to
raze or demolish such building, place or structure, provided that
all of the following requirements have been fully met:
[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
(1)
The owner has applied for the necessary permit and has received notice
of denial of same from the Historic Preservation Commission and has
appealed said denial to the Board of Adjustment, which has affirmed
the denial.
(2)
The owner has met the following notice requirements:
(a)
Notice of the proposed demolition has been posted on the premises
of the building, place or structure throughout the notice period,
as defined in this section, in a location such that it is clearly
readable from the street.
(b)
The applicant has published a notice in the official newspaper
of the City of Hoboken within the first 10 days of the notice period,
within not less than 10 nor more than 15 days prior to the expiration
of the notice, and at least once each 90 days between the above first
and last notifications, if the notice period is six months or longer.
(3)
The period of time during which notice must be given in the manner
set forth herein shall be known as the "notice period." The notice
period shall commence on the 10th day following the date the Board
of Adjustment mails to the owner the notice of its denial of the owner's
appeal. The notice period shall run for six months from that date.
(4)
The owner, during the notice period, and at a price reasonably related
to its fair market value, has made a bona fide offer to sell the building,
place or structure and the land pertaining thereto to any person or
organization, the United States, New Jersey or agencies thereof or
political subdivisions or agencies thereof, that gives reasonable
assurance to the City Council, supported by the owner's commitment
to enter into an easement or deed restriction in favor of the City
of Hoboken, that the owner, its successors and assigns will preserve
the building, place or structure and the land pertaining thereto.
(5)
The owner shall not have been a party to any bona fide contract binding upon all parties thereto for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period except a contract made in accordance with Subsection F(4) of this section.
G.
The Historic Preservation Commission may, at any time during such
notice period, if a significant change in circumstances occurs, approve
a permit for demolition, in which event the permit shall be issued
within 10 days thereafter. During the notice period, the Historic
Preservation Commission shall consult with the City Council, the New
Jersey Department of Environmental Protection or other similarly qualified
organizations to ascertain how the City of Hoboken may preserve the
building, place or structure to be demolished. The Historic Preservation
Commission shall be empowered to assist the owner in developing plans
to preserve the building, place or structure when moving or demolition
thereof would be a loss to the City. The Historic Preservation Commission
shall be empowered to negotiate with the applicant to see if an alternative
to demolition can be found and may require any or all of the following:
(1)
The amount paid for the property, date of purchase, and party from
whom purchased, including a description of the relationship, whether
business or familial, if any, between the owner and the person purchasing
the property;
(2)
The assessed value of the land and improvements thereon according
to the most-recent assessment;
(3)
All appraisals obtained by the owner in connection with the owner's
purchase or financing of the property, or during that owner's ownership
of the property;
(4)
Bona fide offers for the property for sale or rent, price asked,
and offers received, if any; and
(5)
Any consideration given by the owner as to profitable, adaptive uses
for the property.
(6)
The Historic Preservation Commission shall study the question of
whether the site or the property in the historical district can be
put to reasonable beneficial and appropriate use without the approval
of the demolition application.
The designation of an historic district establishes, in addition
to review by other governmental entities, the following review function
to be performed by the Historic Preservation Commission:
A.
Any application for a building permit to erect a new building, or
to demolish or to alter the height, bulk, setback, location, facade
or exterior appearance of an existing building or site within an historic
district, shall be subject to review by the Historic Preservation
Commission whether or not proposals for new construction or substantial
alteration are subject to review and approval by either the Planning
Board or Zoning Board of Adjustment for site plan or variance requests.
The Historic Preservation Commission's review and recommendations
shall not supersede the powers and responsibilities of the Planning
Board, the Zoning Board of Adjustment or other legislative or regulatory
bodies, but the Planning Board and Zoning Board of Adjustment shall
take into consideration the recommendations of the Historic Preservation
Commission in performing their respective duties.
B.
The Historic Preservation Commission shall be responsible to review
an application pursuant to the application requirements and standards
for review set forth in this chapter and, based on its findings, shall
be responsible to issue a certificate of appropriateness or a certificate
of no effect or to not issue any certificate.
C.
Any application for a permit to install, upgrade, replace, relocate or remove a wireless communication tower, antennas and equipment within an historic district or visible from a public space within an historic district shall be subject to review by the Historic Preservation Commission, which shall apply the design criteria set forth in § 196-35I through K in making its recommendation to the Planning Board prior to the Planning Board's hearing on the application.
D.
Any application for a permit to install, upgrade, replace, relocate
or remove a solar-powered electricity-generating system within an
historic district or visible from a public space within an historic
district shall be subject to review by the Historic Preservation Commission,
which shall recommend an appropriate balance between the goals of
energy conservation and historic preservation in making its recommendation
to the Planning Board prior to the Planning Board's hearing on the
application.
A.
General provisions.
(1)
All signage within an historic district or on a designated historic landmark shall conform to all Zoning Code sign requirements as set forth in Chapter 196, § 196-31, and shall require a certificate of appropriateness or certificate of no effect issued by the Historic Preservation Commission upon application to, review and approval by the Historic Preservation Commission.
(2)
All signage shall reflect the historical character of the area of
the proposed sign placement and shall respect the size, scale and
mass of the facade, building height and rhythms and sizes of windows
and door openings.
B.
Prohibited signs. The following signs shall not be approved for construction
or installation in historic districts:
(1)
Those signs prohibited by the Zoning Code, § 196-31C(2).
(2)
Any sign, whether permanent or temporary, placed upon any historical
building, structure, object or site in any manner that disfigures,
damages or conceals any window, door, architectural feature or detail.
(3)
Neon signs, whether attached to the exterior or to any part of the
interior when positioned in such a way as to be visible from the pedestrian
way, unless expressly permitted by the Historic Preservation Commission.
(4)
Any attachment to an already affixed sign.
(5)
Roof-mounted signs, except for existing signs that have been identified
by the Historic Preservation Commission as having historical significance
and value. A list of protected signs may be obtained from the administrative
officer or the Commission Secretary.
C.
Regulations and guidelines. All signs and awnings within historic
districts shall comply with the following regulations:
(1)
Wall signs must be constructed of quality materials, such as, but
not limited to, wood, wood composite, brass, copper, steel, cast iron,
and/or glass. Use of plastic or vinyl, except for temporary banners,
will be discouraged.
(2)
Fabric shall only be used for awnings. Fabric shall not be used for
any permanent wall sign.
(3)
Any identification, logos and/or lettering affixed to an awning should
be painted or printed; heat-seal transfers will not be permitted.
(4)
Sign, wall and awning colors should be selected from an historical
palette. For additional guidance, see the Design Guidelines and Recommended
Colors List available in the office of the Historic Preservation Commission
or from the administrative officer.
