[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.
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.
Any work done on any improvement which:
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.
The razing of any improvement or the obliteration of any
natural feature of a designated landmark.
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.
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."
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.
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.
The official newspaper as designated by the Borough governing
body.
Any work done on any improvement which:
The repairs when a building permit is required for the same.
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.Â
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)Â
That it is associated with events that have made a significant contribution
to the broad patterns of our history;
(2)Â
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)Â
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)Â
That it has yielded or may be likely to yield information important
in prehistory or history.
B.Â
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)Â
A religious property deriving primary significance from architectural
or artistic distinction or historical importance;
(2)Â
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)Â
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)Â
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)Â
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)Â
A property primarily commemorative in intent if design, age, tradition
or symbolic value has invested it with its own historical significance;
or
(7)Â
A property achieving significance within the past 50 years if it
is of exceptional importance.
A.Â
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:
B.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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.Â
Prepare
a survey of historic sites of the Borough, pursuant to criteria identified
in the survey report.
B.Â
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]
C.Â
Make
recommendations to the Planning Board on the historic preservation
plan and on the implications for preservation of historic sites.
D.Â
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.Â
Advise the Planning Board on applications for development, pursuant to § 59-10 of this chapter.
G.Â
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.
