Borough of River Edge, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of River Edge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 49.
Officers and employees — See Ch. 65, Art. II.
Uniform construction codes — See Ch. 174.
Site plan review — See Ch. 350.
Subdivision of land — See Ch. 366.
Zoning — See Ch. 416.
[Adopted 2-17-1998 by Ord. No. 1210]
This article shall be known by and may be referred to by the short title of the "Historic Preservation Ordinance of the Borough of River Edge."
The provisions of this article are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Borough's environment in order:
A. 
To safeguard the heritage of River Edge by preserving resources within the Borough which reflect elements of its cultural, social, economic and architectural history.
B. 
To encourage the continued use of historic and/or noteworthy buildings, structures, objects and sites and to facilitate their appropriate reuse.
C. 
To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structure, sites and districts within the Borough.
D. 
To stabilize and improve property values within the Borough.
E. 
To foster civic pride in the history and architecture of the Borough.
F. 
To encourage proper maintenance of and reinvestment in buildings and structures within the Borough.
G. 
To regulate appropriate alteration of historic sites, as well as new construction within or near historic districts to ensure compatibility with the existing environment and the Master Plan of the Borough.
H. 
To discourage the unnecessary demolition or other destruction of historic resources.
I. 
To further the public's knowledge of the history and development of the Borough, as well as its appreciation of the Borough's historic sites.
J. 
To enhance the visual and aesthetic character, diversity, continuity and interest in the Borough and its neighborhoods.
K. 
To encourage beautification and private investment in the Borough.
L. 
To promote the economic welfare of the Borough through the preservation of its historic sites and landscapes.
As used in this article, the following terms shall have the meanings indicated:
ADDITION
An extension or increase in building size, floor area or height.
ADMINISTRATIVE OFFICER
The Construction Official.
ALTERATION
Any change in the exterior architectural features of any improvement or addition.
APPLICATION
A request to the Commission made pursuant to this article for the purposes of obtaining a certificate of appropriateness or other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
The application to the Planning Board or the Zoning Board of Adjustment of the Borough for approval of a major or minor subdivision plat, site plan, planned development, conditional use, zoning variance or the direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c. 291 (N.J.S.A. § 40:55D-34 or § 40:55D-36).
BUILDING
Any man-made structure, its site and appurtenances created to shelter any form of human activity.
CERTIFICATE OF APPROPRIATENESS (or C/A)
That document issued by the Historic Preservation Commission required before work commences on any landmark or any building, structure, site or object located within a landmark district.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of this article.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction permits in the Borough.
DEMOLITION
The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, object or site. Demolition includes the removal of a building structure or object from its site or the removal or destruction of the facade or surface.
DESIGNATED PROPERTY or DISTRICT
An individual building, structure, site, object or district which has been designated as having historical, architectural, cultural, aesthetic or other significance pursuant to the provisions of this article.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alterations, relocation or enlargement of any building or other structure, or of any mining excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law.[1]
DISTRICT
See "landmark district" as defined herein.
HISTORIC
Having historical, architectural, cultural, aesthetic or other significance as defined by the provisions of this article.
IMPROVEMENT
A building or other structure or any work constituting a manmade alteration of, or addition to, any site.
INTEGRITY
The authenticity of the historic identity of a building, structure, site, object or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is affected by any action taken under this article or whose rights to use, acquire or enjoy property under this article or under any other law of this state or of the United States have been denied, violated or infringed by an action or a failure to act under this article.
INVENTORY
A list of historic properties determined to meet specified criteria of significance.
LANDMARK
A building, structure, site or object which has a special character or special historical or aesthetic interest as part of the development, heritage or cultural characteristics of the Borough, state or nation, and which has been designated as a landmark pursuant to the provisions of this article.
LANDMARK DISTRICT or DISTRICT
A geographic area with distinctly definable boundaries composed of several buildings or sites which: has acquired a unity of character through the interrelationships of the component buildings and sites; and has been designated as having historical, archeological, cultural, scenic, architectural or other significance pursuant to the provisions of this article.
MASTER PLAN
The Master Plan of the Borough of River Edge, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L. 1975 c. 291 (N.J. S.A. § 40:55D-1 et seq.), as amended from time to time.
OBJECT
A material thing of functional, aesthetic, cultural, historic, scenic or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
ORDINANCE
A legislative act of the governing body of a municipality adopted in accordance with statutory requirements as to notice, publicity and public hearing as required by law.
OWNER
Any person having a right, title or interest in any property so as to be legally entitled, upon obtaining such permits and other authorizations as may be required pursuant to law, to perform construction, alteration, removal, demolition or other work with respect to such property
PERMIT
Any Borough approval for exterior work to be performed on any landmark, or on any building, structure, object or site located within a landmark district which exterior work will be subject to public view. Said permit shall include, but not be limited to, a building permit, a demolition permit, or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within a landmark district. "Permit" shall also include all exterior work to be performed on fences, signs, porches, railings, steps, lighting, sidewalks and any other work subject to public view which would alter the exterior appearance of landmarks or properties located within a landmark district or their sites.
REHABILITATION
Any repair or alteration that preserves significant historical or architectural features.
RESTORATION
The historically accurate repair or replacement of architectural features.
SITE
Any real property, whether public or private, with or without improvements, which is the location of a significant event or series of events, a prehistoric or historic occupation or activity or a building, structure or object, or any configuration, portion or group of the foregoing which has been designated by the Commission as having historical, archeological, cultural, scenic or architectural significance pursuant to the provisions of this article.
STRUCTURE
Any combination of materials, other than a building, which is affixed to a piece or property and shall include, but not be limited to, signs, fences, walls and paving materials.
SURVEY
The survey of buildings, structures, objects, sites and districts located within the Borough of River Edge which is conducted by the Commission for the ascertainment of their historical, architectural, aesthetic, cultural or other significance pursuant to the provisions of this article.
VIEW or PUBLIC VIEW
The view by the public of a building, structure, object or site from any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
Creation. There is hereby created the River Edge Borough Historic Preservation Commission whose members shall serve without compensation. The Commission shall be comprised of five regular members and two alternates.
B. 
Regular members.
(1) 
Classes.
(a) 
Class A. A person who is knowledgeable in building design and construction or architectural history.
(b) 
Class B. A person who has demonstrated a knowledge of or who has displayed an interest in local history.
(c) 
Class C. A person who is a citizen of the Borough who professes an interest in local history and/or historic preservation and who holds no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.
(2) 
There shall be at least one member from each Class A and Class B. These members may reside outside the Borough.
C. 
Alternate members.
(1) 
Two alternate members shall also serve on the Commission. They must qualify as Class C members and shall be designated as "Alternate No. 1" or "Alternate No. 2" at the time of appointment. Alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, "Alternate No. 1 " shall vote.
(2) 
A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
[1]
Editor's Note: See N.J.S.A. 40:55D-107.
A. 
The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as Alternate No. 1 and Alternate No. 2. The Borough Council shall appoint a full membership, including regular and alternate members of the Commission, within 60 days from the effective date of this article.
B. 
Commission members shall serve for four year terms, except that of the first members appointed, one member shall serve for one year, two members shall serve for two years and two other members shall serve for three years. The alternate members shall initially serve two-year terms. All members may, at the expiration of their terms, be eligible for appointment of four-year terms. If a Commission member is also a Planning Board or Zoning Board member, the term of office as Commission member is the same length as the other Board position. Vacancy occurring otherwise than by expiration of a term shall be filled within 60 days for the balance of the unexpired term only.
C. 
The presence of three members, which may include alternate members filling vacancies of regular members, at a meeting shall constitute a quorum.
D. 
A member of the Commission may, after public hearing if he or she requests it, be removed for a cause by a majority vote of the Borough Council.
The Officers of the Commission shall be as follows:
A. 
The Commission shall elect a Chairperson and Vice Chairperson from its members.
B. 
The Commission shall select a person to serve as Secretary, who may or may need not be a member of the Commission. The Secretary shall keep the minutes and records of all meetings and proceedings of the Commission, including voting records, attendance, resolutions, findings, determinations and decisions.
The Commission shall have the authority to adopt all rules and regulations necessary to carry out its functions under the provisions of this article, including, but not limited to, maintenance of records and procedures, subject to the following:
A. 
No Commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest as herein defined.
B. 
The Commission shall establish a regular schedule of meetings at least once every month. Additional meetings may be called by the Chairperson or Vice Chairperson as required to fulfill its obligations to advise the Planning Board, Zoning Board or Borough Council.
C. 
All Commission minutes and records shall be public records and all Commission meetings shall comply with the Open Public Meeting Act (N.J.S.A 10:4-6 et seq.).
D. 
A member of the Borough Council and a member of the Planning Board shall be designated as liaison between those bodies and the Commission. The role of such liaisons shall be informational only and shall possess no voting rights with regard to action taken by the Commission.
E. 
All rules and regulations adopted by the Commission shall be subject to the approval of the Borough Council.
A. 
The governing body of the Borough of River Edge shall make provision in its budget and appropriate funds for the necessary and reasonable expenses of the Commission. The Commission may advise the governing body to employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary and reasonable.
B. 
Unless the governing body has, by appropriation, provided for separate legal counsel for the Commission, the Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the governing body. A request for the services of the Borough Attorney for or on behalf of the Commission shall be made in writing to the Borough Administrator whose responsibility it shall be to determine that the budget and purchasing laws are being followed.
C. 
All expenditures of money shall be properly authorized by the governing body and encumbered and certified as to the availability of funds by the Chief Financial Officer prior to the incurring of a liability or entering into a contract.
The powers and duties of the Commission shall be as follows:
A. 
To survey buildings, structures, objects, sites and districts located with the Borough, and to research and evaluate them for their significance in accordance with the criteria established as set forth in § 240-12 of this article.
B. 
To maintain and expand, when appropriate, a comprehensive inventory of such buildings, structures, objects, sites and districts which are worthy of designation under the provisions of this article.
C. 
To propose to the Borough Council those buildings, structures, objects, sites and districts located within the Borough which it has found to be worthy of landmark designation and hence should be subject to the provisions of this article. Actual nomination to a finding of eligibility for or listing on the National or State Registers of Historic Places is not necessary for the provisions of this article to take effect once a property has been designated as significant by the Commission.
D. 
To nominate buildings, structures, objects, sites and districts for inclusion in the National and/or the State of New Jersey Registers of Historic Places.
E. 
To make recommendations to the Planning Board and Borough Council in the preparation and periodic updating of the Historic Preservation Element of the Master Plan for the Borough, including, but not limited to, the addition or deletion of historic sites and districts identified in the Borough's Master Plan.
F. 
To make recommendations to the Planning Board and Borough Council on the historic preservation implications of any proposed or adopted zoning or development ordinance(s) or proposed or adopted element(s) of the Borough's Master Plan.
G. 
To advise and assist Borough officers, employees, boards and other bodies, including those at the county, state and federal levels, on all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Borough or on the physical character and ambience of any portion of the Borough or region.
H. 
To approve or disapprove applications for certificates of appropriateness pursuant to the provisions of this article.
I. 
To provide to the Planning Board written reports of all actions taken by the Commission pursuant to the provisions of this article and which are not governed by time requirements for notice or action herein specified.
J. 
To draft and/or recommend to the Borough Council and the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this article and the building or zoning regulations of the Borough.
K. 
To advise the Borough Council and the Planning Board on the relative merits or proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects and sites, including the preparation of the long-range plan therefore; to advise the Borough Council and Planning Board on securing state, federal and/or other grants or assistance in support of such projects; and to monitor such projects once underway.
L. 
To increase public awareness of the value of historic architectural and cultural preservation by developing and participating in public information programs.
M. 
To cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservation.
N. 
To make information available to residents of historic buildings or districts concerning guidelines for rehabilitation and design criteria for new construction established under this article.
O. 
To seek any benefits which may be granted under the National Historic Preservation Act, as amended, or any other state or federal legislation, including, but not limited to, the benefits which flow to communities under the Certified Local Government Program with regard to training, grant funding and technical assistance; and, in furtherance thereof, to take any steps necessary to assist the Borough of River Edge in the preparation and submission of and documents needed for certification of the Borough as a Certified Local Government under said National Historic Preservation Act.
A. 
Criteria for designation. The Commission shall consider as worthy of designation those buildings, structures, objects, sites and districts that have integrity of location, design, setting, materials, workmanship, feeling and association and that meet one or more of the following criteria:
(1) 
That are associated with events that have made a significant contribution to the Borough of River Edge by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community; or
(2) 
That are associated with historic personages important in national, state or local history ; or
(3) 
That is the site of an historic event which had a significant effect on the development of the nation, state or community; or
(4) 
That embody distinctive characteristics of a type, period or method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(5) 
That are otherwise of particular historic significance to the Borough of River Edge by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, region or community.
B. 
Procedures for designation. Proposals to designate a property as historic pursuant to this article may be made by the Borough Council, the Commission, the Planning Board or by the verified application of the owner(s) or authorized agent(s) of the individual property to be designated or, in the case of a proposed district, by the verified application of 10% of the owners of record or persons residing within the district or by verified application of any organization with a recognized interest in historic preservation in accordance with the following procedures:
(1) 
Nomination proposals. The party proposing property for designation under this section shall prepare and submit to the Commission a nomination report for each proposed property, site or district. For historic district designations, the report shall include a building-by-building inventory of all properties within the district; photographs of representative properties within the districts; a property map of the district showing boundaries; and a physical description and statement of significance for the district. For individual landmark designations, the report shall include one or more photographs; the tax lot and block number of the property as designated on the official Tax Map of the Borough; and a physical description and statement of significance and proposed utilization of the site.
(2) 
Moratorium on applications for alteration of demolition during pendency of designation action. No applications for a permit to construct, alter or demolish any structure or other feature of a proposed landmark or property located within a proposed landmark district filed subsequent to the date that an application has been filed or a resolution adopted to initiate designation of the proposed landmark or landmark district shall be approved by the administrative officer or other municipal agency without review by the Commission of such applications and the granting of a C/A. Commission review of such applications shall be conducted as if the property related to such applications had already been designated as a landmark property or district and thereby are subject to the same criteria, standards and procedures which govern similar applications concerning properties designated as landmarks or properties within landmark districts. After the expiration of 180 days from the date of the initial filing of the designation proposal with the Commission, the permit application may be approved without Commission review in accordance with the relevant provisions of the Municipal Code of the Borough.
(3) 
Notice. The Commission shall schedule a public hearing on the proposed designation of a landmark or landmark district. At least 20 days prior to the hearing, the Commission shall by personal service or certified mail:
(a) 
Notify the owner(s) of record of a property that has been proposed for designation, or of property within a district that has been proposed for designation, that the property is being considered for such designation and the reasons therefore;
(b) 
Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this article;
(c) 
Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property; and
(d) 
Serve any notices further required under the provisions of the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4) 
Public notice of hearing. Public notice of the hearing shall be given at least 20 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 in the Borough Clerk's office at least 20 days prior to the hearing.
(5) 
Hearing. At a public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation under § 240-10B(6) of this article must submit their protest in writing to the Commission in accordance with the provisions of that section of this article.
(6) 
Protests. A protest against landmark designation signed by the owners of record of 30% percent or more of the properties within a proposed landmark district, or by the owner(s) of record of a proposed landmark, may be filed with the Commission 10 days prior to the scheduled hearing date of the proposed designation before the Commission. Protests must be in writing, must contain the reason(s) for the protest and must bear the verified signatures of the owner(s) joining in such a protest.
(7) 
Commission report. Upon Commission review and public hearing, the Commission shall forward to the Borough Council its report which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.
(8) 
Referral to Planning Board. The Borough Council shall refer the report to the Planning Board, which in turn shall report to the Borough Council as soon as possible but within 90 days. Failure of the Planning Board to transmit its report within the ninety-day period provided herein shall relieve the Borough Council of its obligations relating to the referral of such a report to the Planning Board. Borough Council action on landmark or landmark district 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.
(9) 
Final designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for Planning Board comment on designations pursuant to this article, the Borough Council shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Planning Board. In the event that the Borough Council votes to reject or modify any Planning Board recommendations for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of the full membership of the governing body, except in cases in which a protest has been filed in accordance with § 240-10B(6) of this article; a proposed designation shall require a favorable vote of 2/3 of the members of the governing body.
(10) 
Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.
(11) 
Incorporation of designated landmarks into Borough records. Upon adoption, the designation list and map shall be incorporated, by reference into the Master Plan and Zoning Ordinance[3] of the Borough as required by the provisions of the Municipal Land Use Law.[4] Designated properties shall also be noted as such on the records for those properties maintained by the offices of the Borough Tax Assessor and the Borough Clerk.
[3]
Editor's Note: See Ch. 416, Zoning.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(12) 
Amendments. Landmark and landmark district designations may be amended in the same manner as they were adopted in accordance with the provisions of this article.
[1]
Editor's Note: See Art. II, Landmarks and Sites Designated.
A. 
Review by Commission.
(1) 
All permits and development applications involving all development activities that affect an historic landmark or an improvement within an historic district shall be reviewed by the Commission. Such review shall be required for the following actions:
(a) 
Demolition of an historic landmark or an improvement within an historic district.
(b) 
Relocation of any improvement within an historic district or of any historic landmark.
(c) 
All changes in the exterior architectural appearance of any improvement within an historic district or of any historic landmark by addition, alteration or replacement.
(d) 
Any new construction of an improvement in an historic district.
(e) 
Site plans or subdivisions affecting an historic landmark or an improvement within an historic district.
(f) 
Zoning variances affecting an historic landmark or an improvement within an historic district.
(2) 
Within 45 days of receiving an application for review, the Commission shall submit in writing to the Planning Board its recommendation with respect to the application. The report shall include findings and conclusions which are based on evidence in the record. Final determination of the appropriateness of the application shall be made by the Planning Board, which decision shall be binding on the administrative officer.
[Amended 8-7-2006 by Ord. No. 1547]
B. 
Actions not requiring review are as follows:
(1) 
When an historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with Borough codes without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. The request for the Commission's review shall be made simultaneously with the onset of emergency work, and no additional work shall be performed upon the structure until an appropriate request for approval is made and 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 this article and the guidelines for review of applications as adopted by the Planning Board in accordance with this article.
(2) 
Changes to the interior of structures.
(3) 
Ordinary repairs and maintenance which do not constitute a change to the appearance to the structure. The following are the only activities which do not require Commission review according to this criteria:
(a) 
Repair of existing windows and doors using the same material; installation of storm windows that are compatible with the architectural period or design of the subject structure.
(b) 
Maintenance and repair of existing roof material involving no change in the design, scale, material or appearance of the structure.
(c) 
Repair of existing roof structures such as dormers and chimneys using the same materials which will not alter the exterior architectural appearance of the structure.
(d) 
Replacement in kind of existing shingles, clapboards and other siding maintaining the architectural integrity of the structure.
(e) 
Maintenance and repair of existing shingles, clapboards or other siding using the same materials that are being repaired or maintained.
(f) 
Exterior painting of existing structures.
(g) 
Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking material and sidewalks using the same material for those items noted above being repaired.
C. 
Informal review of concept plan for proposed undertakings. At the request of applicants considering action that may require Commission review, the Commission shall grant an informal review of a concept plan for the proposed undertaking. Neither the applicant nor the Commission shall be bound by any informal review.
A. 
General criteria for review. In reviewing an application for its effect on a landmark or a building, structure, object or site located within a landmark district, the following criteria shall be used by the Commission, the Planning Board, the Zoning Board of Adjustment, the Borough Council and all other officials and agencies of the Borough responsible for the administration of this article. The criteria set forth in this subsection relate to all projects affecting landmarks and any buildings, structures, objects and sites located within landmark districts; and, with regard to such proposed projects, the following factors shall be considered:
(1) 
The impact of the proposed change on the historic, architectural and/or cultural significance of the landmark or landmark district.
(2) 
The importance of the landmark or the building, structure, object or site to the nation, state, region or municipality and the extent to which it historic or architectural interest would be adversely affected to the detriment of the public interest.
(3) 
The use of any landmark or landmark district involved in the proposed change.
(4) 
The extent to which the proposed action would adversely affect the public's view from the street of a landmark or building, structure, object or site located within a landmark district.
(5) 
The impact the proposed change would have on the architectural or historic significance of the landmark or landmark district and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth herein.
B. 
Rehabilitation of existing buildings, structures, objects and sites. In reviewing any application, the Commission shall make its recommendation as to whether any application should be approved, approved with conditions or denied on the basis of the purposes and the provisions of this article and the following standards for review, which are identical to the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings":
(1) 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, object 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, objects 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, object 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, object or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced, whenever 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 duplication 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 archeological resources affected by or adjacent to any project.
(9) 
Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and a character of the property, neighborhood or environment.
(10) 
Whenever possible, new additions or 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.
C. 
Design criteria for new construction.
(1) 
In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with the Standards of Rehabilitation and Review Criteria set forth above. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alterations to landmarks or new construction, additions or alterations to buildings, structures, objects or sites located within landmark districts.
(a) 
Height. The height of the proposed structure shall be visually compatible with adjacent buildings.
(b) 
Proportion of the facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(c) 
Proportion of the openings. The relationship of the width of windows to the height of windows in a building shall be visually compatible with buildings and places to which it is visually related.
(d) 
Rhythm of solids. The relationship of solids to voids in the facade of a building shall be visually compatible with buildings and places to which it is visually related.
(e) 
Rhythm of spacing. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with buildings and places to which it is visually related.
(f) 
Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible to buildings and places to which it is visually related.
(g) 
Relationship of materials. The relationship of materials, texture and tone of the facade and roof of a building shall be visually compatible with the predominate materials used in buildings to which it is visually related.
(h) 
Roof. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(i) 
Continuity of walls. Walls and open fencing shall maintain visual compatibility with buildings and places to which it is visually related.
(j) 
Scale. The size of a building mass in relation to open spaces, window and door openings, porches and balconies shall be visually compatible with buildings and places to which it is visually related.
(k) 
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. New signage shall also abide by any supplemental historic design or graphic standards that may be developed by the Commission for the district.
(2) 
It is not the intent of this article to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings of historical architectural interest or of a certain period architectural style, but rather to preserve the integrity and authenticity of an historic preservation district and to ensure the compatibility of new structures therein.
D. 
Review criteria for demolition. With regard to applications to demolish a landmark or any building, structure, object or site located within a landmark district, the following matters shall be considered:
(1) 
Its historical, architectural, cultural and aesthetic significance in relation to the criteria set forth in this article.
(2) 
Its use, its intended use and/or the use for which the building, structure, object or site was originally designed and the feasibility of the continuation of its designed use.
(3) 
Its importance to the Borough and the extent to which its historical or architectural value is such that its removal will be detrimental to the landmark district and/or 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 business, create new positions, attract tourists, students, writers, historians, artists or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the Borough a more attractive and desirable place in which to live.
(6) 
The probable impact of its removal upon the ambience of the landmark district.
(7) 
The structural soundness and integrity of the building, structure, object or site and the economic feasibility of its restoration or rehabilitation so as to allow for its reasonable use.
(8) 
The threat to the public health and safety as a result of deterioration or disrepair of the building, structure, object or site.
(9) 
The technological feasibility of structural rehabilitation.
(10) 
The interference with the charitable purposes of any nonprofit or charitable organization if demolition is not permitted.
E. 
Criteria regarding relocation of historic buildings or structures. The following factors shall be considered with regard to an application to move to a new location or site any landmark or any building, structure or object located within a landmark district:
(1) 
The impact of the loss of integrity suffered as a result of removal from the original and/or historic location; and, if located within an historic district, the impact of that loss of integrity upon the 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 areas adjacent to both the present site and the proposed site as they relate to the protection of historic properties and districts as regulated by this article.
(4) 
In the event that a proposed new location is in an historic district, the impact on the visual compatibility of adjacent buildings, structures, objects or sites as set forth herein.
(5) 
The likelihood of significant damage to the physical integrity of the building, structure or object itself.
A. 
The administrative officer shall refer all applications for permits pertaining to regulated activities involving landmarks or any buildings, structures, objects and sites located within landmark districts to the Commission for a written report on the application of the Zoning Ordinance[1] provisions concerning historic preservation to any of those aspects of the changes proposed which were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law.[2] A certificate of appropriateness (hereinafter C/A), issued by the Commission in accordance with the procedures of this article, is required prior to the commencement of any activities involving landmarks or properties within landmark districts which are governed by the provisions of this article.
[1]
Editor's Note: See Ch. 416, Zoning.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Applications shall be made on forms available in the office of the administrative officer in the River Edge Borough Hall. Completed applications shall be delivered or mailed to the administrative officer at the River Edge Borough Hall or may be submitted directly to the Commission for review and approval.
C. 
Upon receipt of an application for a C/A, the Commission shall schedule a hearing for the purpose of reviewing said application and shall advise the applicant(s), in writing, of the time, date and place of said hearing.
D. 
Applications shall include a completed application form which contains a precise written description of the proposed work or activity and any of the following as may be required by the Commission:
(1) 
Photographs of the existing structure or lot.
(2) 
Scaled drawings showing site plan layout, facade elevations and specifications for materials.
(3) 
For new construction applications, a street scape elevation drawn to scale showing the new structure in the context of neighboring buildings, structures and sites.
(4) 
For large projects, working drawings.
(5) 
The Commission may require the submission of additional information reasonably necessary to reach an informed decision on the application.
A. 
The Commission shall review applications for a C/A at a public hearing. The applicant(s) shall not be required to appear or to be represented at any meeting of the Commission at which the Commission will consider his or her (their) application for a C/A, regardless of the ultimate findings and a report of the Commission.
B. 
As soon as practicable but no later than 45 days after the administrative officer has referred the application to the Commission, the Commission shall send to the Planning Board its written report recommending granting or denying the application, which report may be stated in resolution form. The Commission shall file said report with the Planning Board within 10 days of the Commission's decision on the application.
C. 
As soon as practicable but no later than 90 days after receiving the Commission's report, the Planning Board shall render its report to the administrative officer approving, denying or modifying the application.
D. 
The Planning Board shall review the application at a public hearing. The applicant shall appear before the Planning Board and the Board shall receive testimony and evidence in accordance with the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E. 
Failure of the Planning Board to file a report with the administrative officer within the ninety-day period shall be deemed to constitute a report in favor of issuance with the permit.
[1]
Editor's Note: See N.J.S.A. 40:55D-111.
A. 
Effect. Issuance of an approval of a permit shall be deemed to be a 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 landmark or any building, structure, object or site located within a landmark district. The denial of a permit shall be deemed to preclude the applicant from undertaking the activity applied for.
B. 
Statutory rights retained. The granting or denial of a permit may be appealed to the Superior Court in the same manner as an appeal is taken pursuant to the provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The Planning Board and Board of Adjustment shall refer to the Commission every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component element of the Master Plan. The referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegated members or staff, who shall testify orally at the hearing and explain any written report which may have been submitted by the Commission regarding the application. The Commission shall make available to the applicant a copy of its written report concerning said application for development.
[1]
Editor's Note: See N.J.S.A. 40:55D-110.
A. 
Violations defined. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this article shall be deemed to be in violation hereof.
B. 
Notice of violations. Upon learning of the violation, the administrative officer shall personally serve upon the owner of the property 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 building, structure or site to its condition prior to the violation. If the owner cannot personally be served within the Borough with said notice, a copy shall be posted on the property and a copy shall be sent to the owner at his or her last known address.
C. 
Injunctive relief. In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the administrative 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 site or to prevent any illegal act, conduct, business or use in or about such premises as follows:
(1) 
If any person shall undertake any activity requiring a permit and report of the Commission 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 affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
(2) 
In the event of the threat of imminent action for which the necessary approvals have not been granted, and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
D. 
Penalties. In addition to the remedies provided above, a person convicted of a violation of this article before a court of competent jurisdiction shall be subject to penalties as follows:
(1) 
For each day up to 10 days, not more than $100 per day.
(2) 
For each day between 11 and 25 days, not more than $250 per day.
(3) 
For each day beyond 25 days, not more than $500 per day.
(4) 
For each day beyond 25 days, a jail term not to exceed 90 days may be imposed.
A. 
Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic buildings, structures, objects and sites, the Borough Council hereby declares that code enforcement for such designated properties is a high municipal priority.
B. 
Notice of violation. In the event that any landmark or any building, structure, object or site located within a landmark district deteriorates to the point that in the best estimate of the administrative officer the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire building, structure, object or site on which the violation occurs, the administrative officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement and the replacement cost of the improvements and stating that if the owner does not take all necessary remedial action within 60 days, or such extensions as the administrative officer shall grant for good cause, the Borough of River Edge's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.
C. 
Hearing. Upon receipt of such notice, the owner may, within 20 days after such receipt, notify the administrative officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the administrative officer shall establish the matters alleged in the notice by preponderance of the evidence. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth his or her conclusions and the reasons therefore.
D. 
Action without a hearing. If the owner does not request a hearing, the findings of the administrative officer set forth in the notice issued in § 240-18B shall be binding, and the administrative officer may take such necessary action as granted by the provisions of this article.
E. 
Right of abatement. If the owner does not comply with the findings of the administrative officer, the administrative officer 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.
F. 
Costs. The administrative officer shall then certify to the Borough Council the cost of such work performed, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Borough Council.
G. 
Lien. The Borough Council may, by resolution, vote to cause the sum so certified to become a lien upon the 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 of the Borough of River Edge reviewing all permit applications involving real property or improvements thereon to determine whether such application involved any activity which should also be the subject of an application for a permit and, if it should be, to inform the Secretary of the Commission, the administrative officer and the applicant of same.
This article shall be liberally construed in order to effect the purposes set forth herein. In the event that this article conflicts with state law, state law shall take precedence.
[Adopted 5-17-2004 by Ord. No. 1464]
The River Edge Borough Historic Preservation Commission having nominated certain sites within the Borough for landmark designation, and the Mayor and Council having received a recommendation, by resolution, from the Planning Board with regard to those nominations in accordance with the Historic Preservation Ordnance of the Borough of River Edge, and the governing body considered such nominations and recommendations.
The following sites are hereby designated as landmark sites as defined in the Historic Preservation Ordinance of the Borough of River Edge:
A. 
Steuben House; Block 1304, Lot 3; 1209 Main Street.
B. 
Campbell-Christie House; Block 1304, Lot 2; 1201 Main Street.
C. 
Demarest House; Block 1304, Lot 2; 1205 Main Street.
D. 
Westervelt Barn; Block 1304, Lot 2; 1205 Main Street.
E. 
The New Bridge spanning the Hackensack River and connecting Old New Bridge Road with the Boroughs of Teaneck and New Milford.
F. 
River Edge Borough Hall; Block 408, Lot 5.01; 705 Kinderkamack Road.
G. 
Granite blocks on Lincoln Avenue between Kinderkamack Road and Summit Avenue.
H. 
Granite blocks on Webb Avenue between Kinderkamack Road and Summit Avenue.
I. 
Kiosks at the intersection of Voorhis Avenue and Kinderkamack Road.
J. 
Kiosks at the intersection of Manning Avenue and Kinderkamack Road.
K. 
Entrances and signs at Clarendon Court and Kinderkamack Road.
L. 
Washington Springs, Van Saun County Park.
M. 
Structure located at 788 Kinderkamack Road (Block 409, Lot 50).
[Added 11-25-2005 by Ord. No. 1519]
A. 
The within landmark sites shall be afforded the protections of the Historic Preservation Ordinance of the Borough of River Edge.
B. 
The list of designated landmark sites and the map of same as prepared by the Historic Preservation Commission are hereby incorporated by reference into the Master Plan of the Borough of River Edge and the Borough Zoning ordinance.
C. 
The designated landmark sites listed herein shall be noted as such on the records for those properties maintained by the offices of the Borough Tax Assessor and the Borough Clerk.