A.
The Historic Preservation Commission of the Borough
of Collingswood is hereby established pursuant to N.J.S.A. 40:55D-107
et seq. The Historic Preservation Commission shall consist of five
regular members and two alternate members appointed by the Mayor.
At least two of the regular members shall be of and designated as
"Class A" and "Class B." The remaining regular members may be of and
shall be designated as "Class C." The two alternates must meet the
qualifications of Class C and 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 of or
who has a demonstrated interest in local history and who may reside
outside the municipality.
(3)
Class C: any citizen of the municipality who
shall hold no other municipal office, position or employment except
for membership on the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
B.
C.
D.
Notwithstanding any other provision, the term of any
member who is also a member of the Planning Board shall be coterminous
with his membership on the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
E.
Rules and organization of the Commission.
(1)
The Commission shall elect from its membership
a Chairperson, a Vice Chairperson and a Secretary.
(2)
The Commission shall establish a regular schedule
of meetings, at least once a month or as often as required to meet
the needs of its business, to handle emergencies or to meet time constraints
imposed by law.
(3)
A quorum for the transaction of business shall
be three members.
(4)
The Commission's Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations, decisions and applications
for certificates of appropriateness. A verbatim record of Commission
meetings and proceedings shall be kept and made available in accordance
with provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
All Commission records and minutes shall be
made public records, and all Commission meetings shall comply with
the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
(6)
The Commission shall adopt written bylaws and
procedures for the transaction of its business and for the consideration
of applications for certificates of appropriateness.
(7)
No member shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest. A member may be removed by the governing body
for cause but only after a public hearing if he or she requests one.
F.
Expenses and costs; employment of experts and staff.
The governing body shall make provision in its budget and shall appropriate
funds for the expenses of the Commission. The Commission may employ,
contract for and fix the compensation of experts and other staff and
services as it shall deem necessary. The Commission shall obtain its
legal counsel from the Borough Attorney. Expenditures pursuant to
this section shall not exceed, exclusive of gifts and grants, the
amount appropriated by the governing body.
G.
Powers and duties. It shall be the responsibility
of the Commission to:
(1)
Make recommendations to the Planning Board and
the governing body in the preparation and periodic updating of the
historic preservation element of the Borough's Master Plan, including
but not limited to the addition or deletion of historic sites and
districts identified in the Borough's Master Plan.
(2)
Make recommendations to the Planning Board and
governing body on the historic preservation implications of any plan
element of the Borough's Master Plan which has been or may be adopted.
(3)
Advise the Planning Board on the inclusion of
historic sites in the recommended capital improvement program.
(4)
Recommend to the governing body sites and districts to be designated through amendment of this chapter. The criteria and procedures for designation are set forth in § 141-103 of this article.
(5)
Advise the Planning Board on development and zoning applications affecting designated districts and sites, in accordance with the procedures established in § 141-105 of this article.
[Amended 11-2-2020 by Ord. No. 1692]
(6)
Review all permit applications affecting designated districts and sites and to provide written reports to the Construction Official, in accordance with the procedures established in § 141-106 of this article.
(7)
Provide advisory, educational and informational
services to promote historic preservation in the Borough.
A.
Criteria for designation. The Commission shall consider
for nomination districts and sites that have integrity of location,
design, setting, materials, workmanship and association and that meet
one or more of the following criteria:
(1)
Character, interest or value as part of the
development, heritage or cultural characteristics of the Borough,
state or nation.
(2)
Identification with a person or persons who
significantly enriched the Borough, state or nation.
(3)
Site of an historic event which had significant
effect on the development of the Borough, state or nation.
(4)
Embodiment of distinguishing characteristics
of a type, period or method of construction, architecture or engineering.
(5)
Identification with the work of a builder, designer,
artist, architect or landscape architect whose work has influenced
the development of the Borough, state or nation.
(6)
Embodiment of elements of designs, detail, materials
or craftsmanship that render a site architecturally significant or
structurally innovative.
(7)
Unique location or singular physical characteristics
that make a district or site an established or familiar visual feature.
(8)
Likely to yield information important in prehistory
or history.
B.
Procedures for designation. Based on the Commission's
review of potential sites or upon the recommendations of other Borough
bodies or of interested parties, the Commission shall consider nomination
of a district or a site according to the procedures outlined below:
(1)
The Commission or interested party shall prepare
a nomination report for each proposed district or site. For historic
district designations, the report shall include a building-by-building
inventory of all properties within the district; black and white photographs
of representative properties within the district; a property map of
the district showing boundaries; and a physical description and statement
of significance for the district. For historic site designations,
the report shall include one or more black and white photographs;
the tax lot and block number of the property as designated on the
Official Borough Tax Map; and a physical description and statement
of significance for the site.
(2)
The Commission shall refer its nomination report
to the Planning Board for review and consideration as an amendment
to the Master Plan of the Borough.
(3)
The Planning Board may schedule a public hearing
on the proposed designation of a district or site, in accordance with
the procedures set forth for adoption or amendment of the Master Plan
as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
At least 10 days prior to the hearing, the Commission shall, by personal
service or certified mail:
(a)
Notify each owner of a proposed historic site
or of property within a proposed historic district that his or her
property is being considered for historic designation and the reasons
therefor.
(b)
Advise each owner of the significance and consequences
of such designation and of his or her rights to contest such designation.
(c)
Notify each owner of the date, time and place
of the hearing.
(4)
Public notice of the hearing shall be given
at least 10 days prior to the hearing by publication in the official
newspaper of the Borough. A copy of the nomination report shall also
be made available for public inspection at least 10 days prior to
the hearing.
(5)
Upon Planning Board review and adoption of the
proposed historic district or site designation in the Master Plan,
the Commission or the Planning Board shall forward the adopted Master
Plan to the governing body. The governing body may disapprove or change
or take no action on the adoption of an ordinance to implement the
historic district or site aspects of the Master Plan. Governing body
action on historic district or site designations shall be otherwise
subject to those procedures and statutes which apply to a change of
a zoning designation and the adoption, revision or amendment of any
development regulation.
(6)
Notice of designation shall be made public by
publication in the official newspaper of the Borough and distributed
to all municipal agencies reviewing development applications and permits.
A certificate or letter of designation shall be sent to each owner
affected by the designation.
(7)
A protest of designation status signed by 20%
or more of the property owners within a designated historic district
or by the owner of the property on which there is a designated historic
site may be filed with the Borough Clerk. Such designation shall not
become effective following the filing of such a protest except by
the favorable vote of 2/3 of all members of the governing body.
A.
Actions requiring review. A certificate of appropriateness
issued by the Commission shall be required before a permit is issued
for any of the following or, in the event that no permit is required,
before any work can commence on any of the following activities within
any historic district or involving a designated historic site:
(1)
The demolition of an historic site or an improvement
within an historic district.
(2)
The relocation of an historic site or an improvement
within an historic district.
(3)
A change in the exterior appearance of any historic
site or of any improvement within an historic district by addition,
alteration or replacement.
(4)
Any new construction of a principal or accessory
structure on any historic site or in any historic district.
(5)
Any replacement, changes in or addition of signs,
shutters, outdoor displays, fences, hedges, awnings, off-street driveway
and parking materials or exterior lighting for an historic site or
an improvement within an historic district.
B.
Actions not requiring review. A certificate of appropriateness
issued by the Commission is not required for:
(1)
Changes to the interiors of structures.
(2)
Material changes not visible from a public street.
(3)
The repainting, repairing or exact replacement
of any existing improvement, provided that the work does not alter
the exterior appearance of the structure. The following are some of
the activities which are permitted under this criteria:
(a)
Complete identical replacement of existing windows
and doors.
(b)
Repair of existing windows and doors that does
not change their designs, scale or appearance, and the installation
of storm doors and windows.
(c)
Maintenance and repair of existing roofing materials
involving no change in the design, scale or appearance of the structure.
(d)
Structural repairs which do not alter the exterior
appearance of the structure.
(e)
Replacement of existing clapboards, shingles
or other siding with identical material.
(f)
Maintenance and repair of existing clapboards,
shingles or other siding (including masonry) involving no change in
the design, scale or appearance of the structure.
(g)
Exterior painting of existing structures. The
Commission may recommend colors harmonious with those historically
appropriate for the site or district.
(4)
The repainting, relettering, repairing, installation, or erection of signs in accordance with Article IX or this chapter. However, the installation of internally illuminated signs and historic identification signs must receive a certificate of appropriateness from the Historic Preservation Commission.
C.
Emergency repairs. When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with Borough codes without the necessity of first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no further work shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the criteria set forth in § 141-107 of this article.
D.
Informal review of concept plan for proposed undertakings.
(1)
At the request of applicants considering action
that may require a certificate of appropriateness, as set forth above,
the Commission shall grant an informal review of a concept plan for
proposed undertakings for which the applicant intends to prepare and
submit an application for a certificate of appropriateness. Neither
the applicant nor the Commission shall be bound by any informal review.
(2)
In the case of very minor projects involving
exterior repairs or alterations, the Commission, if the preliminary
data and drawings are sufficiently complete, may grant a certificate
of appropriateness at an informal meeting.
E.
Application procedures.
(1)
Applications for a certificate of appropriateness
shall be made on forms available in the construction office. Completed
applications shall be delivered or mailed to the Historic Commission
Secretary 20 days prior to the meeting.
[Amended 9-4-2007 by Ord. No. 1437]
(2)
The Commission shall advise the applicant, in
writing, of the time, date and place of the meeting at which his or
her application is to be reviewed at least 10 days prior to the meeting.
(3)
Contents of applications.
(a)
Applications for certificates of appropriateness
shall include:
[1]
Complete application forms, which contain a
precise written description of the proposed work or activity.
[2]
Sufficient photographs of the existing structure
or lot.
[3]
Scaled drawings showing site plan layout and
facade elevations and specifying materials.
[4]
For new construction applications, a streetscape
elevation drawn to scale, showing the new structure in the context
of neighboring buildings.
[5]
For large projects, working drawings and specifications
shall be required.
[6]
The Commission may require the submission of
additional information reasonably necessary to make a decision.
F.
Action on applications.
(1)
The Commission shall reach a decision on the
application within 45 days of submission of the complete application
or referral of the same by the Construction Official. Nothing herein
shall prohibit an extension of time by mutual agreement of the applicant
and the Commission. The Commission may advise the applicant and make
recommendations in regard to the appropriateness of the proposed action
and may grant approval upon such conditions as it deems appropriate
within the intent and provisions of this article. An applicant shall
not be required to appear or to be represented at any meeting to consider
the application.
(2)
If an application is approved, the Commission
shall issue a certificate of appropriateness. If the Commission disapproves
an application, the Commission shall state its reasons, in writing,
in resolution form within 10 days of such decision and deliver a copy
of it to the applicant.
(3)
When a certificate of appropriateness has been
issued, the zoning office shall, from time to time, inspect the work
approved by the certificate and report to the Commission any work
not in accordance with such certificate. The Commission shall also
make inspections of work approved by a certificate whenever it considers
such to be desirable.
(4)
A certificate of appropriateness shall be valid
for a period of two years from the date of issuance unless reasonable
extensions are granted by the Commission. If a permit is also required
for the action approved and is obtained prior to the expiration of
said two-year period, then the certificate of appropriateness shall
be valid for the life of the permit and any extensions thereof.
[Amended 11-2-2020 by Ord. No. 1692]
A.
The Planning Board shall make available to the Commission
an informational copy of every application submitted to the Board
for development and/or zoning changes in historic districts or on
historic sites designated on the Zoning Map or in the historic preservation
element of the Master Plan. The appropriate Board shall forward a
copy of the complete application at least 14 days prior to the hearing.
The Commission shall make its recommendations to the appropriate Board
in the form of a written report or it may convey its advice through
its delegation of one of its members or staff to testify orally at
the hearing on the application and to explain any written report which
may have been submitted.
B.
The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance as outlined in § 141-103A of this article. In considering the Commission's recommendations, the Planning Board shall be guided by the review standards established in § 141-107 of this article.
C.
On all matters referred to the Commission which require
approval or action by the Planning Board, the decision of the Commission
shall be a recommendation only, which may be approved, disapproved
or amended by the Planning Board. In the event that the Planning Board
should disapprove or amend the decision of the Commission, it shall
state its reasons therefor at a public hearing and in its resolution
of memorialization.
The Zoning Officer shall refer all applications
for permits pertaining to regulated activities on an historic site,
or within an historic district, to the Commission for a written report
on the application of the zoning provisions concerning historic preservation
to any of those aspects of the change proposed, which 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 Commission shall submit its report on the application to the Zoning
Officer within 45 days of his referral of the application to the Commission.
If, within the forty-five-day period, the Commission recommends to
the Zoning Officer against the issuance of a permit, or recommends
conditions to the permit to be issued, the Zoning Officer shall deny
issuance of a permit or include the conditions in the permit, as the
case may be. Failure of the Commission 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.
A.
In regard to all applications, the Commission shall
be guided by the following standards:
(1)
Every reasonable effort shall be made to provide
a compatible use for a property which requires minimal alteration
of the building, structure or site and its environment or to use a
property for its originally intended purpose.
(2)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
(3)
All buildings, structures and sites shall be
recognized as products of their own time. Alterations that have no
historical basis and which seek to create an earlier appearance shall
be discouraged.
(4)
Changes which may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected.
(5)
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a building, structure or
site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be
repaired rather than replaced, wherever possible. In the event that
replacement is necessary, the new material should match the material
being replaced in composition, design, color, texture and other visual
qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated
by historic, physical or pictorial evidence rather than on conjectural
designs or the availability of different architectural elements from
other buildings or structures.
(7)
The surface cleaning of structures shall be
undertaken with the gentlest means possible. Sandblasting and other
cleaning methods that will damage the historic building materials
shall not be undertaken.
(8)
Every reasonable effort shall be made to protect
and preserve archaeological resources affected by or adjacent to any
project.
(9)
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural materials and when such design is compatible with the
size, scale, color, material and character of the property, neighborhood
or environment.
(10)
Wherever possible, new additions and alterations
to structures shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
(11)
Efforts to preserve the architectural features and historical
integrity of a property or specific feature of that property should
be consistent with the intent and purpose of the Borough’s Development
Regulations and the Borough’s Master Plan. The time, resources,
and costs determined to be necessary to preserve the architectural
features and historical integrity of a property located within a historic
district shall be considered by the Commission and balanced against
the market value of the property and any substantial economic hardship
that may be sustained by an applicant. In rendering its decision,
the Commission shall consider an applicant’s proposed use of
alternative and less expensive materials and methods of preservation.
Commission members shall provide reasons for their decision which
shall be memorialized in the Commission’s resolution.
[Added 3-3-2018 by Ord.
No. 1634]
B.
In regard to applications for new construction, additions
and alterations, the following visual compatibility factors shall
be considered:
(1)
Height. The height of the proposed building
shall be visually compatible with adjacent buildings.
(2)
The proportion of a building's front facade.
The relationship of the width of the building to the height of the
front elevation shall be compatible with the buildings and places
to which it is visually related.
(3)
The 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.
(4)
The rhythm of solids to voids in front facades.
The relationship of solids to voids in the front facade of a building
shall be visually compatible with the buildings and places to which
it is visually related.
(5)
The rhythm of spacing and buildings on streets.
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.
(6)
The rhythm of entrance and/or porch projections.
The relationship of the entrance and porch projections to the street
shall be visually compatible with the buildings and places to which
it is visually related.
(7)
The relationship of materials, texture and color.
The relationship of the 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.
(8)
Roof shapes. The roof shape of a building shall
be visually compatible with the buildings to which it is visually
related.
(9)
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.
(10)
The scale of a 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.
(11)
The directional expression of the front elevation.
A building shall be visually compatible with the buildings and places
to which it is visually related in its directional character, whether
this be vertical character, horizontal character or nondirectional
character.
(12)
Exterior features. A structure's related exterior
features, such as lighting, fences, signs, sidewalks, driveways and
parking areas, shall be compatible with the features of those structures
to which it is visually related and shall be appropriate for the historic
period for which the structure is significant.
C.
In regard to applications to demolish an historic
site or any improvement within an historic district, the following
matters shall be considered:
(1)
Its historic, architectural, cultural or scenic
significance in relation to the criteria established in this article.
(2)
If it is within an historic district, its significance
to the district and the probable impact of its removal on the character
and ambience of the district and the criteria which were the basis
of the designation of the district.
(3)
Its potential for use for those purposes currently
permitted by zoning regulations.
(4)
Its structural condition and the economic feasibility
of alternatives to the proposal.
(5)
Its importance to the Borough and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(6)
The extent to which it is of such old, unusual
or uncommon design, craftsmanship, texture or material that it would
not be reproduced or could be reproduced only with great difficulty
and expense.
(7)
The extent to which its retention would promote
the general welfare by maintaining and increasing the real estate
values, generating business, attracting tourists, attracting new residents,
stimulating interest and study in architecture and design or making
the Borough an attractive and desirable place in which to live.
D.
In regard to applications to move an historic site
or any building or structure in an historic district to a new location,
the following matters shall be considered:
(1)
The historic loss to the site of the original
location and, if the present location is within an historic district,
to the historic district as a whole.
(2)
The reasons for not retaining the landmark or
structure at its present site.
(3)
The compatibility, nature and character of the
current and of the proposed surrounding areas as they relate to the
protection of the interest and values referred to in this article.
(4)
If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection B.
(5)
The probability of significant damage to the
landmark or structure itself.
(6)
If it is to be removed from the Borough, the
proximity of the proposed new location to the Borough, including the
accessibility to the residents of the Borough and other citizens.
A.
Approval. Issuance of a certificate of appropriateness
shall be deemed to be final approval pursuant to this article. Such
approval shall neither cause nor prevent the filing of any collateral
application or other proceeding required by any other Borough ordinance
to be made prior to undertaking the action requested concerning the
site or the structure in an historic district.
B.
Denial. Denial of a certificate of appropriateness
shall be deemed to preclude the applicant from undertaking the activity
applied for.
C.
Appeals. The granting of denial of a certificate of
appropriateness may be appealed to the Planning Board in the same
manner as an appeal is taken pursuant to N.J.S.A. 40:55D-70a. Nothing
herein shall be deemed to limit the right of judicial review of the
Borough action after an appeal is concluded by the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
D.
Demolitions. In its review of applications for demolition of an historic landmark or an improvement of an historic district, pursuant to § 141-104, the Commission may recommend the postponement of demolition for a period not to exceed one year. The Commission shall utilize this time period to consult with the governing body, the New Jersey Department of Environmental Protection and Energy or other similarly qualified organizations to ascertain how the Borough may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition would be a great loss to the Borough. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis which may include any or all of the following:
(1)
The amount paid for the property, the date of
purchase and the party from whom purchased, including a description
of the relationship, whether business or familial, if any, between
the owner and the person from whom the property was purchased.
(2)
The assessed value of the land and improvements
thereon according to the most recent assessment.
(3)
For depreciable properties, a pro forma financial
statement prepared by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection
with his purchase or financing of the property or during his ownership
of the property.
(5)
Bona fide offers of the property for sale or
rent, the price asked and offers received, if any.
(6)
Any consideration given by the owner as to profitable,
adaptive uses for the property.
E.
The Commission shall study the question of economic
hardship for the applicant and shall determine whether the site or
the property in the historic district can be put to reasonable beneficial
use without the approval of the demolition application. In the case
of an income-producing building, the Commission shall also determine
whether the applicant can obtain a reasonable return from his existing
building. The Commission may ask applicants for additional information
to be used in making these determinations.
A.
Any person who shall undertake any activity which
affects an historic site or an improvement within an historic district
and which requires a certificate of appropriateness, without obtaining
the review of the Commission, shall be deemed to be in violation of
this chapter.
B.
Upon learning of the violation, the Zoning Officer
shall personally serve upon the owner of the lot whereon the violation
is occurring a notice describing the violation in detail, and giving
the owner 10 days to abate the violation by restoring the site or
improvement to the condition it was prior to the violation. If the
owner cannot be personally served within the Borough with said notice,
a copy shall be posted on the site and a copy sent to the owner at
his last known address as it appears on the Borough tax rolls.
C.
In the event that the violation is not abated within
10 days of service or posting on site, whichever is earlier, the Zoning
Officer shall cause to be instituted any appropriate action or proceeding
to prevent such unlawful activity; to restrain, correct or abate such
violation; to prevent the occupancy of said building, structure or
land; or to prevent any illegal act, conduct, business or use in or
about such premises.
D.
If any person shall undertake any activity requiring a certificate of appropriateness without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the landmarks affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
E.
In the event that any action which would permanently
and adversely change an historic site or historic district or that
a demolition to remove the site is about to occur without approval
having been issued, the Zoning Officer is empowered to apply to the
Superior Court of New Jersey for injunctive relief as is necessary
to prevent such actions.
No duties or powers of the Commission shall
supersede or infringe on the powers of other Borough boards or committees.
