This chapter shall be known as and may be cited as the "Historic
Designation and Preservation Ordinance of the Borough of Fanwood."
For purposes of this chapter and, unless the context clearly
indicated otherwise, the following words and phrases shall have the
meanings ascribed to them by this section:
ADDITION
The construction of a new improvement as part of an existing
improvement when such new improvement changes, alters or modifies
the exterior appearance of any landmark or existing improvement in
a historic district.
ALTERATION
Any work done on any improvement which:
[Amended 10-11-2001 by Ord. No. 01-17R]
A.
Is not an addition to the improvement; and
B.
Changes, alters or modifies the appearance of the exterior surface
of any improvement, except for painting of an existing improvement.
CERTIFICATE OF APPROPRIATENESS
The document by which the Historic Preservation Commission
reports its recommendations for approval of an application for work
to be performed on a historical landmark or on an improvement within
a historic district, with or without conditions, to the Construction
Code Official and/or Zoning Officer of the Borough. The Construction
Code Official and/or Zoning Officer shall include any conditions so
recommended in any permit issued by either or both of them which shall
become a requirement of the permit. If the Historic Preservation Commission
recommends against the issuance of a permit, the Construction Code
Official and/or Zoning Officer, as the case may be, shall deny such
permit.
CONTRIBUTING PROPERTY[Added 4-11-2001 by Ord. No. 01-05R]
A building, site, structure, or object that adds to the historic
architectural qualities, historic associations, or archaeological
values for which a property is significant because:
A.
It was present during the period of significance, and possesses
historic integrity reflecting its character at that time or is capable
of yielding important information about the period; or
B.
It independently meets the New Jersey Register criteria set
forth in N.J.A.C. 7:4-2.3.
DEMOLITION
The razing of any improvement or part thereof, or the obliteration
of any natural feature of a landmark.
HISTORIC DISTRICT
A.
One or more historic landmarks and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic landmark or historic landmarks and shall further be
construed to mean a definable group of Tax Map lots, the improvements
on which when viewed collectively:
(1)
Represent a significant period or periods in the architectural
and social history of the Borough;
(2)
Because of their unique character, readily be viewed as an area
or neighborhood distinct from surrounding portions of the Borough;
and/or
(3)
Have a unique character resulting from their architectural style.
B.
Except or otherwise stated, all references to landmarks in this
chapter shall be deemed to include historic districts as well.
HISTORIC LANDMARK or LANDMARK
A.
Any real property, man-made structure, natural object or configuration
or any portion or group of the foregoing which have been formally
designated on the Zoning Map or the Official Map of the Borough as being of historical, archaeological,
cultural, scenic or architectural significance which:
(1)
Is of particular historic, cultural, scenic or architectural
significance to the Borough and in which the broad cultural, political,
economic or social history of the nation, state or community is reflected
or exemplified;
(2)
Is identified with historic personages or with important events
in the main current of national, state or local history;
(3)
Shows evidence of habitation, activity or the culture of prehistoric
man;
(4)
Embodies a distinguishing characteristic or an architectural-type
valuable as representative of a period, style or method of construction;
(5)
Represents a work of a builder, designer, artist or architect
whose individual style significantly influenced the architectural
history of the Borough; or
(6)
Is imbued with traditional or legendary lore.
B.
All landmarks shall specifically be identified within the community
facilities plan of the Master Plan as recognized by the provisions
of NJ.S.A. 40:55D-28b(6).
C.
The designation of a "landmark" shall be deemed to include the
lot or lots on which it is located.
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 continuous days.
MAJOR APPLICATION
Any application for a certificate of appropriateness which involves demolition or removal of a landmark, or portion thereof, or addition to a landmark; involves a subdivision of land included as part of a landmark or within an historic district; involves construction of a new improvement in an historic district; or otherwise falls within the criteria set forth in §
168-7B(1). Demolition of any improvement is also subject to a permit being obtained in accordance with the provisions of the Borough Code or state law affecting demolition.
MINOR APPLICATION
Any application for a certificate of appropriateness which does not involve demolition or removal of a landmark, addition to a landmark or construction of a new improvement in an historic district; and meets the criteria set forth in §
168-7B(2).
NONCONTRIBUTING PROPERTY[Added 4-11-2001 by Ord. No. 01-05R]
A building site, structure or object that does not add to
the historic architectural qualities, historic associations, or archaeological
values for which a property is significant because:
A.
It was not present during the period of significance;
B.
Due to alterations, disturbances, additions, or other changes,
it no longer possesses historic integrity reflecting its character
at that time or is incapable of yielding important information about
the period; or
C.
It does not independently meet the New Jersey Register criteria
set within N.J.A.C. 7:4-2.3.
RECONSTRUCTION
The act or process of reproducing by new construction the
exact form and details of a vanished building, structure or object,
or part thereof, as it appeared at a specific period of time.
REHABILITATION
The act or process of returning the exterior of an improvement
to a state of utility through repair or alteration, which makes possible
an efficient contemporary use while preserving those portions or features
or architectural form of the improvement which are significant to
historical, architectural and cultural values.
REPAIR
Any work done on any improvement which:
A.
Is not an addition to the improvement; and does not change the
appearance of the exterior surface of any improvement.
B.
Provides for facsimile replacement of material that has been
destroyed by time, weather, insects or other conditions either in
the original material or replacement material with the original appearance.
REPLACEMENT
Repairs when a building permit is required.
RESTORATION
The act or process of accurately recovering the form and
details of the exterior of an improvement by means of the removal
of later work or by the reconstruction of missing earlier work.
In assessing the effect of any proposed change under application,
the following visual compatibility factors shall be used to analyze
the effect that the change applied for would have on the landmark
and on those structures to which the landmark is visually related
or on the district in which the structure is located:
A. Height. The height of the proposed building shall be visually compatible with adjacent buildings and shall comply with any applicable height restrictions in Chapter
184, Land Use, of the Borough Code.
[Amended 4-11-2001 by Ord. No. 01-05R]
B. Proportion of building's 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.
C. Proportion of openings within the facility. The relationship of the
width of the windows to the height of the windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
D. Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of buildings shall
be visually compatible with the buildings and places to which they
are visually related.
E. Rhythm of spacing buildings on street. 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.
F. Rhythm of entrance and/or porch projection. 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.G. 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, especially those immediately adjacent.
G. Roof shapes. The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
H. Walls of continuity. Appurtenances of a building such as walls, open-type
fencing and 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.
I. 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.
J. 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 be vertical character,
horizontal character or nondirectional character.
If the Commission approves a certificate of appropriateness
for demolition, the applicant shall be required to apply for and receive
an approval from the appropriate building official after fulfilling
all requirements therefor within 90 days. Any certificate of appropriateness
for a demolition lapses after 90 days, and thereafter a new application
for such demolition must be made.
Recognizing the need for preventive maintenance to ensure the
continued useful life of landmarks and improvements in historic districts,
the Borough hereby declares that Code enforcement vis-a-vis landmarks
and improvements in historic district is a high Borough priority.
A. In the event that any landmark or improvement in an historic district
deteriorates to the point that, in the best estimate of the applicable
building official, 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 applicable building official 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 applicable building official
expiration of said 90 days, or any such extension, enter upon the
property and abate such violations itself and cause the cost thereof
to become a lien on the property.
B. Upon receipt of such notice, the owner may, within 10 days of such
receipt, notify the Council's Building and Zoning Committee of
his or her wish to have a hearing as to the allegations and estimates
set forth in the notice. Such hearing shall be before the said Committee
and the applicable building official shall be represented by the Planning
Board Attorney. It shall be, so far as possible, a formal contested
proceeding in which said Committee shall establish the matters alleged
in the notice by a preponderance of the evidence acting as a quasi-judicial
body.
C. If the owner does not request a hearing, the procedures set forth
hereafter shall apply. If a hearing is requested, said Committee shall,
within 10 days following the hearing, serve on the owner an opinion,
in writing, setting forth its conclusions and the reasons therefor,
and thereafter the procedure set forth hereafter shall apply.
D. Thereafter, if the owner does not comply, the applicable building
official, with prior approval of the Mayor and Council adopted by
resolution or ordinance as may be required, 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.
E. The Building and Zoning Committee shall then certify to the Mayor
and Council the cost of such work, plus all administrative, clerical
and legal costs and overhead attributable thereto.
F. The Mayor and Council may, by resolution, vote to cause the sum so
certified to become a lien upon the landmark if not then paid, bearing
interest at the same rate as delinquent taxes.
In the event that an act of God or any other unexpected event
shall cause a property owner to request the immediate issuance of
a building permit, or other permit, to commence to repair, replace,
rehabilitate or reconstruct damage resulting from such event or in
the event that there is a present danger to persons or property because
of the condition of a structure or building because of such event
and a certificate of appropriateness is a conditional precedent to
the issuance of such permit, if the Construction Code Official or
Borough Engineer certifies the immediate necessity for such permit
issuance, the certificate of appropriateness may be issued in accordance
herewith. In the case of a demolition permit, the Construction Code
Official shall only issue such certificate of appropriateness if the
improvement presents an immediate hazard to public health and safety
and no other method exists to secure the improvement.
It shall be the duty of all Borough officials reviewing all
permit applications involving real property or improvements thereon
to determine whether such application involves any activity which
should also be the subject of an application for a certificate of
appropriateness and, if it should, to inform both the Secretary of
the Commission and the applicant.