[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 5-17-1983 by Ord. No. 1271 (Ch.
122 of the 1984 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The construction of new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any landmark.
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 feature of a landmark.
A definable group of Tax Map lots, the improvements on which,
when viewed collectively, have a unique character resulting from their
architectural style and represent a significant period(s) in the architectural
and social history of the municipality and, because of their unique
character, can readily be viewed as an area or neighborhood distinct
from surrounding portions of the municipality. 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 or place, including but not limited
to a cave, cemetery, burial ground, camp or village area, or a natural
configuration, geological formation or feature which:
Is of particular historic, cultural, scenic
or aesthetic significance to the Borough of North Arlington 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 genius influenced his/her age; or
Is imbued with traditional or legendary lore.
All landmarks shall specifically be identified
within the community facilities 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 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 same.
Any improvement, including, but not limited to, all buildings.
A.
There is hereby created in and for the Borough of
North Arlington a commission to be known as the "Landmarks Commission
of the Borough of North Arlington."
B.
The Commission shall consist of five members, three
of whom shall be citizens holding no other municipal office, one of
whom shall be the Construction Code Official, and one of whom shall
be the Municipal Historian. 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.
C.
The Commission shall elect from its membership a Chair
and a Vice Chair.
D.
The Commission shall create rules and procedures for
the transaction of its business subject to the following regulations:
(1)
A quorum for the transaction of business shall consist
of three of the Commission's members, including the Chair or, in his/her
absence, the Vice Chair, 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. 10:4-7 et seq.).
E.
The Commission members shall serve without compensation,
but shall be reimbursed for expenses incurred in the performance of
official business.
F.
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.
G.
Powers and duties. The Commission shall:
(1)
Within six months of its organization prepare and adopt pursuant to § 209-4A et seq. hereof a landmark designation list and Official Map, which shall then be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the municipal governing body for inclusion in Chapter 205, Land Development.
(3)
Amend, from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in Subsection G(1) hereof.
(4)
Report at least annually to the Planning Board and
the municipal governing body on the state of historic preservation
in the municipality and to recommend measures to improve same.
(5)
Collect and disseminate material on the importance
of historic preservation and techniques for achieving same.
(6)
Advise all municipal agencies regarding goals and
techniques of historic preservation.
(7)
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.
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 Section 317 of the BOCA Code, should
be viewed as having an independent basis under N.J.S.A. 40:48-2. This
chapter should not be viewed as requiring or prohibiting the use of
any particular architectural style; 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 North Arlington for the purpose of identifying districts
and landmarks which are worthy of protection and preservation.
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. Thereafter, the Commission, by certified mail, shall:
(1)
Notify each owner that his/her property has been tentatively
designated an historic landmark.
(2)
Advise each owner of the significance and consequences
of such tentative designation and advise him/her of the opportunities
and rights to challenge or contest such designation.
(3)
Invite each owner to consent voluntarily to final
designation without the need for public hearing or other procedure.
C.
The Commission shall, as soon as practicable, make
public a complete list and map of the tentatively designated landmarks
and districts specifying the locations, boundaries and popular names
thereof. In designating any landmark or Historic District, the Commission
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.
Such exemption shall only be for good cause shown and upon affirmative
vote of 2/3 of the full authorized membership of the Commission. 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 same, in the official newspaper not less than 10 days
before such hearing is to be held.
D.
After full consideration of the evidence brought forth
at the special hearing, the Commission shall make its final decisions
on the designations and shall issue its final report to the public
stating reasons in support of its actions with respect to each landmark
and Historic District designation.
E.
The list shall be submitted thereafter to the Clerk
of North Arlington. The Mayor and Council shall then consider whether
to adopt the designation list and map by ordinance. Once adopted,
the designation list and map may be amended in the same manner in
which it was adopted.
F.
Copies of the designation list and Official 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 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.
G.
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 Landmark Advisory 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 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.
(5)
Changes in or addition of new signs or exterior lighting,
except that no certificate of appropriateness shall be required for
one unlit sign per premises if the surface area of such sign does
not exceed one square foot.
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 improvement in that district or as to
that landmark. In the event that the repainting, repair or exact replacement
does not conform to the said regulations, a certificate of appropriateness
shall be required.
A.
Application procedure for a certificate of appropriateness
shall be made on forms available therefor from the Secretary to the
Landmarks Commission. Completed applications shall be delivered to
the Borough Clerk of North Arlington.
B.
Applications shall include the following:
(1)
All forms completed by the applicant.
(2)
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.
(3)
Proof of publication of a notice of the application
in the official newspaper not less than 10 days before it is to be
heard.
(4)
The following exhibits:
(a)
An overall site plan layout, at a minimum scale
of one inch equals 20 feet, showing the location of all adjacent properties.
(b)
Sufficient color photographs of all adjacent
properties and buildings within a minimum of 60 feet of the landmark
property lines. Each photograph shall be properly identified and referenced
on the site plan.
(c)
Elevation drawings may be optional at the Commission's
request. All building elevations required shall be at a minimum scale
of 1/8 inch equals one foot.
C.
Approval or disapproval.
(1)
The Landmarks Commission shall reach a decision on
the application within 30 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 recommendation
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.
(2)
If an application is approved, the Landmarks Commission
shall forthwith issue a certificate of appropriateness. If the Landmarks
Commission disapproves an application, the Landmarks Commission shall
state its reasons in writing in resolution form within 10 days of
such decision. In case of disapproval, the Landmarks Commission shall
notify the applicant in writing of such resolution of disapproval
and provide the applicant with a certified copy thereof. A summary
of the Commission's action shall be published in the official newspaper.
D.
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/her application is such that the minor
change sought neither justifies 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 an affirmative vote of 2/3 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.
E.
An applicant may allege that a certificate of appropriateness
should be granted without his/her 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 that 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.
Demolitions. In regard to an application to demolish
an historic landmark or any improvement within an Historic District,
the following matters shall be considered:
(1)
Its historical, architectural and aesthetic significance.
(2)
Its use.
(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 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 an Historic District, the probable
impact of its removal upon the ambience of the Historic District.
B.
Removals out of the municipality. In regard to an
application to move an historic landmark within an Historic District
to a location outside the municipality, the following matters shall
be considered:
(1)
The historic loss to the site of original location.
(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.
C.
Removals within the municipality. In regard to an application to move an historic landmark or any structure in an Historic District to a new location within the municipality, the following matters shall be considered in addition to the matters listed in Subsection B:
D.
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, an Historic District or a landmark, the visual compatibility of the proposed structure with 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 Subsection G hereof.
E.
Considerations on other actions. In regard to an application for other approval of any proposed action as set forth in § 209-5A hereof, the following matters shall be considered:
(1)
If an historic landmark or a structure in an Historic
District is involved:
(a)
The impact of the proposed change on 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; and
(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 an Historic
District from a public street.
(4)
If the application deals with a structure within an 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 Subsection G hereof.
F.
Additional matters considered. In regard to all applications,
additional pertinent matters may be considered, but in no instance
shall interior arrangement be considered.
G.
Visual compatibility factors. The following factors
shall be used in determining the visual compatibility of a building,
structure or appurtenance thereof with the buildings and places to
which they are visually related and shall be known as "visual compatibility
factors":
(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 spacing of buildings on streets. 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)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between its 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 they are 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 they are visually related.
(8)
Roof shapes. The roof 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 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
Zoning Board of Adjustment, the certificate of appropriateness shall
be deemed to be a positive recommendation to that body as to the historic
preservation aspects of the matter before that body.
B.
The Planning Board or Zoning Board of Adjustment may,
nevertheless:
(1)
Affirm or deny the application based on the entire
record before it, notwithstanding the certificate of appropriateness
as to the historic preservation aspects; or
(2)
Reject the Commission's recommendation as signified
by the issuance or denial of a certificate of appropriateness by a
2/3 vote of the full authorized membership of the Board, provided
that the reasons it does so are set forth on the record at the time
such action is taken.
C.
An appeal of the grant or denial of a certificate
of appropriateness may be had as follows:
(1)
If the Zoning Officer refuses to issue a permit based
on denial of a certificate of appropriateness, appeal shall lie with
the Zoning Board of Adjustment within 10 days after such denial.
(2)
If the Planning Board or Zoning Board of Adjustment
denies or grants a development application in the course of which
it accepts or rejects the recommendation of the Commission, as signified
by the denial or issuance of a certificate of appropriateness, as
the case may be, appeal then lies with the municipal governing body
pursuant to N.J.S.A. 40:55D-17. Such appeal may be brought by any
person otherwise entitled to appeal an action of the Planning Board
or Zoning Board of Adjustment.
D.
Nothing herein shall be deemed to limit the right
of judicial review of the municipal action after an appeal is concluded
by the municipal governing body.
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-a-vis landmarks and structures in Historic Districts
is a high municipal priority.
B.
Notice of violations; abatement.
(1)
In the event that any landmark or improvement in an
Historic District deteriorates to the point that, in the best estimate
of the Department of Inspections, the cost of correcting the outstanding
code violations equals more than 30% of the cost of replacing the
entire improvement on which the violations occur, the 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 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.
(2)
Upon receipt of such notice the owner may, within 10 days after such receipt, notify the Department of Inspections of his/her wish to have a hearing as to the allegations and estimates set forth in the Department's notice. Such hearing shall be conducted by the Construction Code Official and shall, so far as possible, be a formal adversary proceeding in which the Department of Inspections 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 Subsection A above shall pertain. If a hearing is requested, the Construction Code Official will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection A hereof.
(3)
Thereafter, if the owner does not comply, the 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.
(4)
The head of the Department shall then certify to the
municipal governing body the cost of such work, plus all administrative,
clerical and legal costs and overhead attributed thereto, and shall
present same to the municipal governing body.
(5)
The municipal governing body 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.
If any person shall undertake any activity on a landmark
or improvement within an 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 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 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/her 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 site, whichever is earlier, the Zoning
Officer shall cause to be issued a summons and complaint, returnable
in the municipal court, charging violation of this chapter. Each separate
day that the violation exists shall be deemed to be a new and separate
violation.
E.
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 Zoning Officer 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.
