[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.
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.
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.
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.
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.
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.
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]