[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 7-9-1984 by Ord. No. 400-C; amended
in its entirety 12-19-2011 by Ord. No. 11-859-C. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A structure added to the original structure at some time
after the completion of the original.
Any work done on any improvement which is not an addition
to the improvement and changes the appearance of the exterior surface
of any improvement.
The razing of any improvement or the obliteration of any
natural features of a landmark.
A definable group of Tax Map lots, the improvements on which,
when viewed collectively, represent a significant period(s) in the
architectural and social history of the Borough of Saddle River and,
because of their unique character, can readily be viewed as an area
or neighborhood distinct from surrounding portions of Saddle River
or have a unique character resulting from their architectural style.
Except as otherwise stated, all references to "landmarks" in this
chapter shall be deemed to include "historic districts" as well.
Any real property, such as a building, structure, ruins,
foundation, route, trail, place or object, including but not limited
to a cave, cemetery, burial ground, camp or village area, or natural
objects or configuration, geological information or feature which
is of particular historic, cultural, scenic or architectural significance
to the Borough of Saddle River and in which the broad cultural, political,
economic or social history of the nation, state or community is reflected
or exemplified; is identified with historic personages or with important
events in the main current of national, state or local history; shows
evidence of habitation, activity or the culture of prehistoric man;
embodies a distinguishing characteristic or an architectural type
valuable as representative of a period, style or method of construction;
represents a work of a builder, designer, artist or architect whose
individual style significantly influenced the architectural history
of the municipality; or is imbued with traditional or legendary lore.
All landmarks shall specifically be identified within the Historic
Preservation Plan Element of the Master Plan as recognized by the
provision of N.J.S.A. 40:55D-28b(6). The designation of a "landmark"
shall be deemed to include the Tax Map lot(s) on which it is located.
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.
Any application for a certificate of appropriateness which involves demolition or removal of a landmark, addition to a landmark or construction of a new structure in a historic district or which otherwise falls within the criteria set forth in § 125-6B(1) hereof.
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 structure in a historic district and which meets the criteria set forth in § 125-6B(2) hereof.
Any work done on any improvement which is not an addition
to the improvement and does not change the appearance of the exterior
surface of any improvement.
Repairs when a building permit is required for the same.
Any improvement, including but not limited to all buildings.
[Amended 2-9-2015 by Ord.
No. 15-905-C]
A.
There is hereby created in and for the Borough of Saddle River a
commission as provided for in N.J.S.A. 40:55D-107 to be known as the
"Landmarks Commission of the Borough of Saddle River" (Historic Preservation
Commission).
B.
The Commission shall consist of nine members:
(1)
Seven of the members shall be citizens of the Borough of Saddle River
and hold no other municipal office.
(2)
One of the members shall be knowledgeable in building design and
construction and/or architectural history.
(3)
One of the members shall be knowledgeable or have demonstrated an
interest in local history.
C.
Members shall be appointed by the Mayor, with the advice and consent
of the Council, and serve for three-year staggered terms, with one
member being appointed each year. Vacancies shall be filled in the
same manner in which the previous incumbent was appointed, and such
vacancy appointment shall be only for the balance of such incumbent's
unexpired term.
D.
The Commission shall elect from its membership a Chairman and a Vice
Chairman.
E.
The Commission shall create rules and procedures for the transaction
of its business, subject to the following regulations:
(1)
The Commission's members, including the Chairman or, in his
absence, the Vice Chairman, but not less than a majority of the full
authorized membership, may grant or deny a certificate of appropriateness.
(2)
The Commission shall appoint a Secretary, who need not be a member
of the Commission. 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.
(3)
All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-6 et seq.).
F.
The Commission members shall serve without compensation but shall
be reimbursed for expenses incurred in the performance of official
business.
G.
Within the limits of funds appropriated for the performance of its
work, grants and gifts, the Commission may obtain the services of
qualified persons to direct, advise and assist the Commission and
may obtain the equipment, supplies and other material necessary to
its effective operation.
H.
The Commission is empowered to seek advisory opinions and technical
assistance from all municipal employees on any matter within the Commission's
jurisdiction. The Commission shall obtain its legal counsel from the
Borough Attorney or such other attorney so designated by the Mayor,
with the advice and consent of the Council, at a rate of compensation
to be determined and approved by the governing body. Expenditure pursuant
to this subsection shall not exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for the Commission's
use.
I.
Powers and duties. The Commission shall:
(1)
Prepare and adopt, pursuant to § 125-4A et seq. hereof, a Landmarks Designation List and Landmarks Map.
(2)
Make recommendations to the Planning Board on the Historic Preservation
Plan Element of the Master Plan and on the implications for preservation
of historic sites of any Master Plan elements.
(3)
Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
(4)
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
(7)
Amend, from time to time, as circumstances warrant, the Landmarks Designation List and Landmarks Map in the manner set forth in § 125-2I(1) hereof.
(8)
Collect and disseminate material on the importance of historic preservation
and techniques for achieving the same.
(9)
Advise all municipal agencies regarding goals and techniques of historic
preservation.
(10)
Adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
A.
In adopting this chapter, it is the intention of the municipal governing
body to create an agency which can administer a system of preservation
regulations, based on a rational plan and objective criteria, which
will complement existing land use and construction code legislation.
The controls herein established, while compatible with N.J.S.A. 40:55D-28b(6)
and the State Uniform Construction Code, should be viewed as having
an independent basis under N.J.S.A. 40:48-2.
B.
Nothing contained herein shall supersede the powers of other local
legislative or regulatory bodies or relieve any property owner of
complying with the requirements of any other state statutes or municipal
ordinances or regulations.
C.
In the event of any inconsistency, ambiguity or overlapping of requirements
between this chapter and any other requirement enforced by the municipality,
the more restrictive shall apply, to the effect that state or federal
legislation has not preempted the municipality's power to enforce
more stringent standards.
D.
This chapter should not be viewed as requiring or prohibiting the
use of any particular architectural styles; rather, the purpose is
to preserve the past by making it compatible with and relevant to
the present. To that end, new construction in or near a landmark should
not necessarily duplicate the style of the landmark; it should simply
be compatible with and not detract from the landmark.
A.
The Commission shall make a comprehensive survey of the Borough of
Saddle River for the purposes of identifying the historic districts
and landmarks which are worthy of protection and preservation pursuant
to the criteria identified in the survey report.
B.
Based on the survey or upon the recommendation of concerned citizens,
the Commission shall document the importance and historical significance
to the municipality, state or nation of each landmark designation
in terms of the purposes and criteria set forth in this chapter.
C.
Such a survey shall be forwarded to the Planning Board of the Borough
of Saddle River, with a recommendation of what historic landmarks
within the Borough should be included in the Historic Preservation
Element of the Master Plan, as a site or district deemed worthy of
such historic designation. The Planning Board, in adopting or amending
the Historic Preservation Element of the Master Plan or Master Plan
Reexamination, may adopt in whole, or in part, the sites or districts
which the Landmarks Commission has recommended be deemed worthy of
historic designation.
D.
Tentative designation. The Mayor and Council of the Borough of Saddle
River may, following the adoption or amendment of the Historic Preservation
Element of the Master Plan, make public a complete list and map of
those sites and districts which they propose to designate as historic
landmarks, specifying the location, boundaries and proper names thereof
and, in each case, the reason for such designation. In designating
any landmark or historic district, the Mayor and Council may exempt
any improvement or any portion of any Tax Map lot, the demolition
or alteration or improving of which would not affect the landmark
or district as to the purposes and criteria set forth in this chapter.
The tentative list and map shall thereafter be submitted at a public
hearing to the examination and criticism of the public. Interested
persons shall be entitled to present their opinions, suggestions and
objections at this public hearing. A list and map showing all proposed
historic districts and landmarks shall be published, together with
notice of the hearing on the same, in the official newspaper not less
than 10 days before such hearing is to be held.
E.
Adoption of a historic district or individual landmark.
(1)
Prior to the designation of an individual historic landmark outside
of a Historic District by the Mayor and Council, the owner of the
property proposed for such designation shall sign a consent form,
indicating their willingness to have his or her property so designated.
(2)
If the Mayor and Council does not obtain the consent of the owner
of the property to be designated as a historic landmark outside of
a historic district, in writing, prior to the public hearing for such
designation, said property shall be deleted from the tentative list
and map and shall not be designated a historic landmark by the Mayor
and Council. Nothing herein shall be construed as limiting the Mayor
and Council from explaining the deletion of said property from the
tentative list and map in the Mayor and Council's final report
to the public, nor does anything contained herein prohibit the Mayor
and Council at another time from again designating said property as
a landmark, provided that all the conditions set forth in this chapter
are followed.
(3)
If the Mayor and Council receive an objection by the owner(s) of
property(ies) to be included in a historic district, the Mayor and
Council may still include the property(ies) in the historic district.
The reason for this is that the historic district cannot function
or remain intact if individual properties are permitted to be excluded
and developed in a manner which is counter to the historic district's
guidelines and regulations. Nothing herein shall be construed as limiting
the Mayor and Council from explaining the inclusion or deletion of
a property from the tentative list and map in the Mayor and Council's
final report to the public, nor does anything contained herein prohibit
the Mayor and Council at another time from again including or excluding
a particular property in a historic district, provided that all the
conditions set forth in this chapter are followed.
(4)
After full consideration of the evidence brought forth at the public
hearing, the Mayor and Council shall make its final decisions on the
designations and adopt the designation list and map by Zoning Ordinance
amendment. Once adopted, the designation list and map may be amended
in the same manner in which it was adopted.
(5)
Copies of the designation list and map, as adopted, shall be made
public and distributed to all municipal agencies reviewing development
applications and all building and housing permits. A certificate of
designation shall be served by certified mail upon the owner of each
site included in the final list, and a true copy thereof shall be
filed with the County Clerk for recordation in the same manner as
certificates of lien upon real property.
(6)
Each designated historic district or landmark may be marked by an
appropriate plaque, in such form as the Commission shall promulgate
by regulation.
A.
Actions requiring a certificate of appropriateness. A certificate
of appropriateness issued by the Landmarks Commission shall be required
before a permit is issued for any of the following or, in the event
that no other type of permit is otherwise required, before the work
can commence on any of the following activities on the property of
any landmark or within any historic district:
(1)
Demolition of a historic landmark or of any improvement within any
historic district.
(2)
Relocation of any historic landmark or of any improvement within
any historic district.
(3)
Change in the exterior appearance of any existing landmark or of
any improvement within any historic district by addition, alteration
or replacement.
(4)
Any new construction of a principal or accessory structure or any
subdivision of property which would allow new construction of a principal
or accessory structure.
(5)
Changes in or addition of new signs or exterior lighting.
B.
Exceptions. A certificate of appropriateness shall not be required
for any repainting, repair or exact replacement of any existing improvement.
In the event that the color or exterior surface material of the improvement
shall be changed as a result of such repainting, repair or exact replacement,
a certificate of appropriateness shall not be required if the new
color or exterior surface is one that has been previously approved
by regulations duly promulgated by the Commission for similar improvements
in that district or as to that landmark. In the event that the repainting,
repair or exact replacement does not conform to said regulations,
a certificate of appropriateness shall be required.
A.
All applicants shall complete a preapplication form, as promulgated
by the Commission, not less than 10 days before a Commission meeting.
B.
The Commission shall review the preapplication form and classify
the application in accordance with the relief requested.
(1)
If the action for which the certificate of appropriateness is requested
will substantially affect those characteristics of the landmark listed
on its landmark designation or, in the case of a structure, within
a historic district or will substantially affect the characteristics
of the district listed on the district's landmark designation,
the Commission shall classify the application as a major application
and write the applicant to submit a full application as described
in the Commission regulations.
(2)
If the action for which the certificate of appropriateness is requested
will not substantially affect the landmark or district as stated above,
then the Commission shall classify the application as a minor application.
C.
Decisions.
(1)
Minor applications may be heard and decided immediately upon classification.
Such immediate hearing shall be at the Commission's discretion,
if it feels there is sufficient evidence on the record at that point.
If the Commission finds that an adjacent property may be affected
by the action for which a certificate has been requested, the Commission
may order, as a condition subsequent to the approval of a minor application,
that the applicant send certified mail notices of the Commission's
actions to such owners of adjacent property as the Commission believes
might be affected by its action. Such owners shall have 30 days to
file a written objection, in absence of which the minor approval shall
be deemed final. If a written objection is received, the Commission
shall hear the objector on the record prior to reconsidering its decision.
The objector shall have full rights to present evidence and to cross-examine
prior witnesses. The Commission shall hear and decide any objection
within 45 days of its receipt.
(2)
Major applications shall be decided within 45 days after an application is declared complete by the Commission Secretary as per § 125-6D hereof. In addition to those items required by regulation to be submitted as part of a full application, the applicant shall also submit:
(a)
A certificate that all property owners within 200 feet of the
lot lines of the landmark property have been sent certified mail notice
of the application not less than 10 days before it is to be heard.
(b)
Proof of publication of a notice of the application in the official
newspaper not less than 10 days before it is to be heard.
D.
The Landmarks Commission shall reach a decision on the application
within 45 days after the Secretary has declared an application to
be complete; otherwise, the application shall be deemed to have been
approved. Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant and the Landmarks Commission. The Landmarks
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
purposes of this chapter. The Commission shall set forth its decision
on each application in resolution form, with findings of fact and
conclusions. If an application is approved, the Landmarks Commission
shall forthwith issue a certificate of appropriateness and provide
the same with a certified copy of the resolution to the applicant,
the Planning Board, the Construction Official/Building Inspector and
such other municipal departments or officers as the Commission shall
determine. In case of disapproval, the Landmarks Commission shall
notify the same persons and entities, in writing, of such resolution
of disapproval and provide a certified copy thereof. A summary of
the Commission's action shall be published in the official newspaper.
E.
In the event that an applicant alleges that compliance with the requirements
of this section would be an unreasonable hardship and that the nature
of his application is such that the minor changes sought neither justify
the time and expense of the plenary proceeding nor will impact negatively
on the public good nor specifically on the historic qualities sought
to be preserved, the Commission, by a 2/3 affirmative vote of its
full authorized membership, may grant such relief from the requirements
of this section as it deems consistent with the public good and the
purposes of this chapter.
F.
An applicant may allege that a certificate of appropriateness should
be granted without his fulfilling all of the application requirements
set forth herein because the addition or alteration contemplated will
not be visible from any place to which the public normally has access
and, therefore, that said addition or alteration cannot adversely
affect the public interest. In that event, the Commission, by a majority
vote of its full authorized membership, upon a finding that the applicant's
claim is accurate, may forthwith grant a certificate of appropriateness
on that basis.
A.
In considering whether an application for a certificate of appropriateness should be granted, the Commission shall consider whether, if the approval is denied, the applicant may still make any reasonable use of the property as such use is permitted in Chapter 210, Zoning. No certificate of appropriateness shall be denied unless the Commission specifically finds that the property may, after such denial, reasonably be used for a use permitted in Chapter 210, Zoning.
B.
Demolition. In regard to an application to demolish a historic landmark
or any improvement within a historic district, the following matters
shall be considered:
(1)
Its historic, architectural and social significance.
(3)
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to 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 the general welfare
by maintaining and increasing real estate values; generating business;
creating new jobs; attracting tourists, students, writers, historians,
artists and artisans; attracting new residents; encouraging study
and interest in American history; stimulating interest and study in
architecture and design; educating citizens in American culture and
heritage; or making the municipality a more attractive and desirable
place in which to live.
(6)
If it is within a historic district, the probable impact of its removal
upon the ambience of the historic district.
C.
Removals out of the municipality. In regard to an application to
move a historic landmark or any structure within a historic district
to a location outside the municipality, the following matters shall
be considered:
(1)
The historic loss to the site of original location and the district
as a whole.
(2)
The compelling reasons for not retaining the landmark or structure
at its present site.
(3)
The proximity of the proposed new location to the municipality, including
the accessibility to the residents of the municipality and other citizens.
(4)
The probability of significant damage to the landmark or structure
itself.
D.
Removals within the municipality. In regard to an application to move a historic landmark or any structure in a historic district to a new location within the municipality, the following matters shall be considered in addition to the matters listed in § 125-7C:
E.
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into or to construct a new structure or add to or alter an existing structure within a historic district or a landmark, the visual compatibility of the proposed structure within the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 125-7H hereof.
F.
Considerations on other actions. In regard to an application for other approval of any proposed action as set forth in § 125-5A hereof, the following matters shall be considered:
(1)
If a historic landmark or a structure in a historic district is involved:
(a)
The impact of the proposed change in its historic and architectural
character.
(b)
Its importance to the municipality and the extent to which its
historic or architectural interest would be adversely affected to
the detriment of the public interest.
(c)
The extent to which there would be involvement of textures and
materials that could not be reproduced or could be reproduced only
with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within a historic district
from a public street.
(4)
If the application deals with a structure within a historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in § 125-7H hereof.
G.
Additional matters considered. In regard to all applications, additional
pertinent matters may be considered, but in no instance shall interior
arrangement be considered.
H.
Visual compatibility factors. In assessing the effect of any proposed
change under application for any landmark, 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.
(1)
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
(2)
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.
(3)
Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with the buildings and places to which it is visually related.
(4)
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with the buildings and places to which they
are visually related.
(5)
Rhythm of spacing of 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)
Rhythm of entrance and/or porch projections. 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.
(7)
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.
(8)
Roof shapes. The shape of a building shall be visually compatible
with 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)
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.
(11)
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 is vertical character,
horizontal character or nondirectional character.
A.
If a certificate of appropriateness has been issued for an application
that requires approval of the Planning Board or Board of Adjustment,
the certificate shall be deemed to be a positive recommendation to
that body as to the historic preservation aspects of the development
application before it. If a certificate of appropriateness for an
application that requires approval by the Planning Board or Zoning
Board of Adjustment is denied by the Commission, the denial of the
certificate shall be deemed to be a negative recommendation to that
body as to the historic aspects of the development application before
it. The Planning Board or Board of Adjustment may, nevertheless, affirm
or deny the application based upon the entire record before it.
B.
If a certificate of appropriateness is denied for a permit or action
within the jurisdiction of an administrative officer only, and not
the Planning or Zoning Board, the administrative officer charged with
issuing the permit for which the action or development application
relates shall deny issuance, pursuant to N.J.S.A. 40:55D-111.
C.
If a certificate of appropriateness has been approved with conditions,
the administrative officer shall include the conditions in the permit.
D.
If the action to which the certificate of appropriateness has been
issued is not substantially completed within two years of the date
of approval by the Commission or within an extended period or periods
granted by the Commission, as the Commission may deem it in the public
interest to grant, then the certificate shall lapse and be of no further
force and effect.
E.
The denial of a certificate of appropriateness or any other conditions
of approval may be appealed by the applicant to the Mayor and Council.
Further appeals may be taken as provided by law. In considering whether
to grant or deny an appeal, the Mayor and Council shall consider whether
alternative development compatible with the historic use is not economically
feasible. If such alternative development is not economically feasible,
the denial of the certificate of appropriateness by the Commission
shall be reversed and the certificate shall be granted by the Mayor
and Council. In such event, the Mayor and Council shall notify the
Commission. If the Commission thereafter believes that a certificate
of appropriateness should nevertheless be denied, the Commission may
request the Mayor and Council to obtain the property by contract or
condemnation; to reserve for the stated statutory period the municipality's
opportunity to contract to purchase the subject property; or to institute
action to obtain a historic preservation restriction according to
law or pursuant to N.J.S.A. 13:813-1 et seq.
A.
If any person shall undertake an activity vis-a-vis a landmark or
improvement within a historic district without first having obtained
a certificate of appropriateness, such person shall be deemed to be
in violation of this chapter.
B.
Upon learning of the violation, the Construction Official 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 landmark or improvement
to its status quo ante. If the owner cannot be personally served within
the municipality with said notice, a copy shall be posted on site
and a copy sent by certified mail, return receipt requested, to the
owner at his last known address as it appears on the municipal tax
rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on the site, whichever is earlier, the Construction Official
shall cause to be issued a summons and complaint, returnable in the
Municipal Court, charging violation of this chapter.
E.
If any person shall undertake any activity vis-à-vis a landmark
or improvement within a historic district without first having obtained
a certificate of appropriateness, he shall be required to restore
the same.
F.
In the event that any action which would permanently change adversely
the landmark or historic district, such as demolition or removal,
is about to occur without a certificate of appropriateness having
been issued, the Construction Official is hereby authorized to apply
to the Superior Court of New Jersey for such injunctive relief as
is necessary to prevent the destruction of any landmark.
A.
Recognizing the need for preventive maintenance to ensure the continued
useful life of landmarks and structures in historic districts, the
municipal governing body hereby declares that code enforcement vis-à-vis
landmarks and structures in historic districts is a high municipal
priority.
B.
In the event that any landmark or improvement in a historic district
deteriorates to the point that, in the best estimate of the Building
Department, 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 Building Department 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 Building Department shall,
for good cause, grant, the municipality may, at the expiration of
90 days, enter upon the property and abate such violations itself
and cause the cost thereof to become a lien on the property.
C.
Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Building Department of his wish to have a hearing as to the allegations and estimates set forth in the Building Department's notice. Such hearing shall be conducted by the Construction Official, and, so far as possible, by a formal adversarial proceeding, the Building Department shall establish the matters alleged in the notice by a preponderance of the evidence. If the owner does not request a hearing, the procedures set forth in § 125-10B above shall control. If a hearing is requested, the Construction Official will, within 10 days following the hearing, serve on the owner an opinion, in writing, setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 125-10B hereof.
D.
Thereafter, if the owner does not comply, the Building Department
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 Department shall then certify to the municipal governing
body the cost of such work, plus all administrative, clerical and
legal costs and overhead attributable thereto, and shall present the
same to the municipal governing body.
F.
The Mayor and Council may, by resolution, vote to cause the sum so
certified to become a lien upon the landmark property, payable with
the next quarter's property taxes and, if not then paid, bearing
interest at the same rate as delinquent taxes.
It shall be the duty of all municipal officials reviewing all
permit applications involving real property or improvement 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.
A.
The Mayor and Council shall establish two separate advisory committees,
the Saddle River Museum Advisory Committee and the Bishop House Advisory
Committee.
B.
The purpose of each of the advisory committees is to oversee the
operation of the Saddle River Museum and the Bishop House respectively,
and to perform such duties as may be delegated to them by the Mayor
and Council.
C.
Each committee shall consist of at least five but not more than seven
members, all of whom shall be Saddle River citizens. One member shall
also be a member of the Saddle River Council, and one member shall
also be a member of the Saddle River Landmarks Commission.
D.
Members shall be initially appointed by the Mayor and shall thereafter
be reappointed or replaced annually by the Mayor with the advice and
consent of the Council.
E.
Each Advisory Committee shall operate under the guidance and direction
of the Landmark's Commission and shall provide a biannual report
to the Landmarks Commission, once in June of every year and once in
December of every year, reporting on the activities, condition and
operation of each of these municipally-owned landmarks.
Any not-for-profit organization [501(C)3] that raises funds
or provides support or administers programs in Saddle River for or
in connection with any historic landmark shall be approved by the
Mayor and Council.
