[HISTORY: Adopted by the Mayor and Council
of the Borough of River Edge as indicated in article histories. Amendments
noted where applicable.]
[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:
An extension or increase in building size, floor area or
height.
The Construction Official.
Any change in the exterior architectural features of any
improvement or addition.
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.
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).
Any man-made structure, its site and appurtenances created
to shelter any form of human activity.
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.
The Historic Preservation Commission established pursuant
to the provisions of this article.
The officer in charge of the granting of building or construction
permits in the Borough.
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.
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.
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]
See "landmark district" as defined herein.
Having historical, architectural, cultural, aesthetic or
other significance as defined by the provisions of this article.
A building or other structure or any work constituting a
manmade alteration of, or addition to, any site.
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.
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.
A list of historic properties determined to meet specified
criteria of significance.
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.
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.
The Master Plan of the Borough of River Edge, as amended
from time to time, compiled pursuant to the 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.
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.
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.
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
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.
Any repair or alteration that preserves significant historical
or architectural features.
The historically accurate repair or replacement of architectural
features.
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.
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.
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.
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.
D.
Student liaison. A student liaison may be appointed for a one-year
term.
[Added 12-13-2021 by Ord.
No. 21-30]
[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
(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.
(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.
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.
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.
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.
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:
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.
