Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 12-8-1987 by Ord. No. 87-32. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 429.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
ADDITION
The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any designated landmark.
ALTERATION
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Changes the appearance of the exterior surface of any improvement.
CERTIFICATE OF APPROPRIATENESS
A document that is issued by the Historic Preservation Commission, following a prescribed series of hearings and review procedures, certifying that the proposed actions by an applicant are found to be acceptable in terms of design criteria relating to the individual site, structure or building or the historic district as a whole.
DEMOLITION
The razing of any improvement or the obliteration of any natural feature of a designated landmark.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group recommended by the Historic Preservation Commission as being of historical, archeological, cultural, scenic or architectural significance. This recommendation is to be then submitted to the Mayor and Council for their determination as to whether said site should be incorporated by ordinance as an "historic site."
IMPROVEMENT
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.
LANDMARK DESIGNATION
The official recognition of any site, building, structure or district that has been documented to have or contain architecturally, historically or archeologically significant features or elements and that adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
OFFICIAL NEWSPAPER
The official newspaper as designated by the Borough governing body.
REPAIR
Any work done on any improvement which:
A. 
Is not and addition to the improvement; and
B. 
Does not change the appearance of the exterior surface of any improvement.
REPLACEMENT
The repairs when a building permit is required for the same.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
A. 
In considering an individual site, building or structure or a district for designation as historically architecturally significant, the Historic Preservation Commission shall give consideration to the following criteria:
(1) 
That it is associated with events that have made a significant contribution to the broad patterns of our history;
(2) 
That it is associated with the lives of persons who have made significant contribution to the broad patterns of our history;
[Amended 11-24-1992 by Ord. No. 92-23]
(3) 
That it embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(4) 
That it has yielded or may be likely to yield information important in prehistory or history.
B. 
Ordinarily, cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify for designation hereunder if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
(1) 
A religious property deriving primary significance from architectural or artistic distinction or historical importance;
(2) 
A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with an historic person or event;
(3) 
A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life;
(4) 
A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events;
(5) 
A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived;
(6) 
A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or
(7) 
A property achieving significance within the past 50 years if it is of exceptional importance.
A. 
There is hereby created in and for the Borough of Paramus an Historic Preservation Commission.
B. 
The Historic Preservation Commission shall consist of seven regular members and may have not more than two alternate members.
[Amended 2-24-2015 by Ord. No. 15-05, retroactive to 1-1-2015]
A. 
The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members and the alternate members, if any, and the Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:
(1) 
Class A: a person who is knowledgeable in building design and construction.
(2) 
Class B: a person who is knowledgeable of or who has a demonstrated interest in local history.
B. 
Of the regular members, a total of at least one fewer than a majority shall be members of Classes A and B.
[Amended 11-24-1992 by Ord. No. 92-23]
C. 
Those regular members who are not designated as "Class A" or "Class B" shall be designated as "Class C." Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.
D. 
Alternate members shall meet the qualifications of Class C members. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
[Amended 3-19-2013 by Ord. No. 13-4]
E. 
The terms of the five members first appointed under this chapter shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
The terms of the seven members shall be set forth by resolution of the Paramus Governing Body upon adoption of this Ordinance No. 15-05.
[Added 2-24-2015 by Ord. No. 15-05, retroactive to 1-1-2015]
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Historic Preservation Commission or a municipal employee.
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 three of the Commission's members, including the Chairman or, in his absence, the Vice Chairman.
B. 
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 records.
C. 
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
[Amended 11-24-1992 by Ord. No. 92-23]
(1) 
Alternate members may participate in discussions 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.
(2) 
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
(3) 
A member of the Historic Preservation Commission (after public hearing if he requests it) may be removed by the governing body for cause.
The Commission members shall serve without compensation and shall not be reimbursed for expenses incurred in the performance of official business.
The Historic Preservation Commission may not employ, contract for or fix the compensation of experts or other staff and services it may deem necessary. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this section shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
The Historic Preservation Commission shall have the responsibility to:
A. 
Prepare a survey of historic sites of the Borough, pursuant to criteria identified in the survey report.
B. 
Based on the survey or upon recommendation of concerned citizens, the Historic Preservation Commission shall document the importance and historical significance to the municipality of each landmark designation in terms of the purpose and criteria set forth in this chapter. Thereafter, the Historic Preservation Commission, by certified mail, shall:
[Amended 3-19-2013 by Ord. No. 13-4]
(1) 
Notify each owner that his property has been tentatively designated an historic landmark.
(2) 
Advise each owner of the significance of such tentative designation and advise him of his opportunities and rights to challenge or contest such designation.
C. 
Make recommendations to the Planning Board on the historic preservation plan and on the implications for preservation of historic sites.
D. 
Advise the Planning Board on the inclusion of historic sites into the listing of historic sites or districts as designated in § 59-2 of this chapter.
E. 
Advise the Planning Board on applications for development, pursuant to § 59-10 of this chapter.
F. 
Provide written reports pursuant to § 59-11 of this chapter, on the application of Chapter 429, Zoning, provisions concerning historic preservation.
G. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
The Planning Board shall submit to the Historic Preservation Commission a copy of every application submitted to the Planning Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map. The Historic Preservation Commission shall provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written reports which may have been submitted.
[Amended 11-24-1992 by Ord. No. 92-23; 3-19-2013 by Ord. No. 13-4]
All applications for issuance of permits pertaining to historic sites or property in historic districts shall be referred to the Historic Preservation Commission for a written report on the application of Chapter 429, Zoning, provisions concerning historic preservation to any of those aspects of the proposed change, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Historic Preservation Commission shall report to the administrative officer within 45 days of his referral of an application to the Historic Preservation Commission. If, within the forty-five-day period, the Historic Preservation Commission recommends to the administrative officer against the issuance of a permit, the administrative officer shall deny issuance of the permit or include the conditions in the permit as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.