[Adopted 9-24-2009[1]]
[1]
Editor's Note: This ordinance also repealed former Art. IV, Historic Preservation Commission, adopted 4-14-1988, as amended.
The purpose of this article is to assist implementation of the historic preservation element of the Master Plan, to provide guidance in achieving preservation of historic resources and to advance the following public purposes:
A. 
To promote the use of the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places for the education, pleasure and welfare of the citizens of the Borough and its visitors and to promote civic pride in the Borough's historic resources. In keeping with this purpose, the interests of property owners shall be balanced together with the interests of designating historic sites; provided, however, that no site shall be so designated without the consent of the property owner.
B. 
To foster private reinvestment in the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places and balance the purposes of historic preservation with current needs.
C. 
To encourage preservation of sites of historic, archaeological, cultural, social and architectural significance.
D. 
To encourage the continued use of the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places and to facilitate their appropriate reuse.
E. 
To maintain and promote an appropriate and harmonious setting for existing historic resources within the Borough.
F. 
To recognize and preserve historic resources in the Borough as essential elements of municipal character and identity which contributes to the reputation of Allendale as a place of beauty and architectural value.
G. 
To encourage appropriate alterations to historic sites and new construction which is in keeping with the character of historic districts and sites.
A. 
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meanings they have in common usage and to give this article its most reasonable application.
B. 
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
For purposes of this Historic Preservation Article, the Construction Code Official shall be the administrative officer.
ALTERATION
As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another, or the change in appearance of the exterior surface of any improvement.
CERTIFICATE OF HISTORIC REVIEW
A document issued by the Historic Preservation Commission confirming its review of any alteration or addition to a site or a property within an Historic District. Such review is based upon plans presented for the preservation, restoration, rehabilitation or alteration of an existing property, or the demolition, addition, removal, repair or remodeling of any feature on an existing building within an Historic District or for any new construction within the Historic District.
DEMOLITION
The total razing, dismantling or more than partial destruction of any historic site or any improvement within an Historic District.
DESIGNATED SITE
A site that has been designated per § 6-28 herein.
GUIDELINES
For both the Historic Preservation Commission and applicants for a certificate of historic review shall be the Secretary of the Interior's Standards for Rehabilitation, adopted by reference. Design guidelines developed specifically for the Allendale Historic Preservation Commission are set forth herein in § 6-32 and may take precedence over the Secretary of the Interior's standards where more specifically applicable to the buildings and sites within Allendale.
HISTORIC DISTRICT
One or more historic sites and certain intervening or surrounding property significantly affecting or affected by the quality and character of an historic site or sites, as specifically designated herein.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been identified in the Master Plan as being of historic, archaeological, cultural, scenic or architectural significance at the national, state or local level, as specifically designated herein. The designation of an historic site or landmark shall be deemed to include the Tax Map lot on which it is located as well as the right-of-way contiguous thereto. When used in this chapter, the word "landmark" may be substituted for historic site.
HPC
Historical Preservation Commission.
IMPROVEMENT
Any structure or any part thereof installed upon public or private property and intended to be kept at the location of such construction or installation.
INTEGRITY
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
INVENTORY
A list of historic sites and historic districts determined to meet criteria of designation specified herein.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
OFFICIAL NEWSPAPER
The official newspaper as designated by the Borough Governing Body.
ORDINARY MAINTENANCE AND REPAIR
Repair of any deterioration, wear or damage to a structure in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear or damage with material and workmanship of the same quality. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using similar quality materials and workmanship and having the same appearance.
PRESERVATION
The act or process of applying measures to sustain the existing form, integrity and material of a building or structure and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building's materials.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.
REHABILITATION
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.
REPAIR
Any work done on an improvement that is not an addition and does not change the exterior appearance of any improvement; provided, however, that any such repairs must be done with materials and workmanship of the same quality.
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the reconstruction of missing earlier work.
STREETSCAPE
The visual character of the street, including but not limited to the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, color, sidewalks, curbing and landscaping.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. The word "structure" shall also include any building or improvement with a roof.
There is hereby created in and for the Borough of Allendale an Historic Preservation Commission.
A. 
The Historic Preservation Commission shall consist of five regular members and may have not more than two alternate members. There shall be one member each of Class A and B and three members of Class C.
(1) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(2) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(3) 
Class C: citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.
(4) 
Alternate members shall meet the qualifications of Class C members.
B. 
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, if any, as "Alternate No. 1" and "Alternate No. 2."
C. 
The terms of the members first appointed shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years, and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
D. 
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment. NOTE: Notwithstanding the fact that Planning or Zoning Board members may be eligible to serve on the Historic Preservation Commission, it is the policy judgment of the Mayor and Council not to have such Board members serve thereon.
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and shall select a Secretary.
The Commission shall create rules and procedures for the transaction of its business, subject to the following regulations.
A. 
A quorum for the transaction of business shall consist of three of the Commission's members, including the Chairman or, in his absence, the Vice Chairman.
B. 
The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public records.
C. 
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
D. 
Alternate members may participate in discussions of the proceedings, but may not vote, except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
E. 
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
F. 
A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the Governing Body for cause.
The Commission members shall serve without compensation, but shall be reimbursed for expenses incurred in the performance of official business subject to prior approval of the Governing Body.
The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary subject to the prior approval of the Governing Body. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the Governing Body. Expenditures pursuant to this section shall not exceed, exclusive of gifts or grants, the amount appropriated by the Governing Body, in accordance to N.J.S.A. 40:55D-108.
The Historic Preservation Commission shall have the responsibility to:
A. 
Prepare a survey of the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places, pursuant to criteria identified in the survey report. The criteria shall first be submitted to the Planning Board for its review and approval prior to conducting the survey report.
B. 
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places or any other Master Plan elements.
C. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
D. 
Advise the Planning Board and Board of Adjustment on applications for development, as follows:
(1) 
The Planning Board and Board of Adjustment shall submit to the Historic Preservation Commission a copy of every application submitted to either Board for development in the Historic District or of any designated sites or sites listed on the Allendale Inventory of Historic Places as designated on the Zoning or Official Map or in any relevant element of the Master Plan. This 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.
(2) 
The Historic Preservation Commission may provide its advice, which shall be conveyed through the delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written reports which may have been submitted.
E. 
Provide written reports on the application of the Zoning Ordinance[1] or Master Plan provisions concerning historic preservation as follows:
(1) 
All applications for issuance of permits pertaining to the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places shall be referred by the Construction Code Official to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance or Master Plan provisions concerning historic preservation to any of those aspects of the proposed change, which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(2) 
Within 20 days of referral from the Construction Code Official, the Historic Preservation Commission shall provide its report to the Planning Board.
(3) 
The Planning Board shall report to the Construction Code Official within 45 days of his referral of the application to the Historic Preservation Commission. If within the forty-five-day period, the Planning Board recommends to the Construction Code Official against the issuance of a permit or recommends conditions to the permit to be issued, the Construction Code Official shall deny issuance of the permit or include the conditions in the permit, as the case may be.
(4) 
Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendations of conditions to the permit.
[1]
Editor's Note: See Ch. 270, Zoning.
F. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
A. 
Survey. The Commission shall perform a comprehensive survey of the Borough of Allendale to identify the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places and improvements which are worthy of protection and preservation.
B. 
Criteria for designation. The survey shall be used as a basis for identifying sites and districts worthy of designation. The criteria for evaluating and designating the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places shall be guided by the National Register criteria. The Commission or any interested party may recommend designation of historic sites or districts that have integrity of location, design, setting, materials, workmanship and association and that meet one or more of the following criteria:
(1) 
Character, interest or value as part of the development, heritage or cultural characteristics of the Borough, state or nation.
(2) 
Association with events that have made a significant contribution to the broad patterns of our history.
(3) 
Association with the lives of persons significant in our past.
(4) 
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture or engineering.
(5) 
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, state or nation.
(6) 
Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative.
(7) 
Unique location or singular physical characteristics that make a district or site an established or familiar visual feature.
(8) 
Have yielded, or may be likely to yield, information important in prehistory or history.
C. 
Procedures for designation.
(1) 
Interested parties shall contact the HPC regarding consideration of a proposed historic district and any designated sites or sites listed on the Allendale Inventory of Historic Places. The Commission may also initiate the designation of an historic site or district. Regardless of who initiates a request for site designation, no proposed historical site or district shall be so designated without the permission of the property owner(s).
(2) 
The formal historic district nomination shall include a building-by-building inventory of all properties within the district; black-and-white photographs of all properties within the district; a property map of the district showing boundaries; and a physical description and statement of significance which address the criteria for designation set forth herein. The formal historic site nomination shall include a black-and-white photograph, a tax map of the property and a physical description and statement of significance which address the criteria for designation set forth herein.
(3) 
Upon review and approval of the proposed site or historic district by the Historic Preservation Commission, the Commission shall forward the proposed site or district nomination, together with the site owner's written consent, to the Planning Board for consideration. Notification shall be by public notice in the official paper and by prominent posting in the Municipal Building at least 30 days prior to the Planning Board hearing. The interested parties or the Commission shall submit to the Planning Board a complete list of involved properties.
(4) 
Upon review and approval of the proposed site or district by the Planning Board, the site or district nomination will be sent to the Borough Council for adoption to amend and supplement the Borough Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 270, Zoning.
(5) 
The owner of the proposed site(s) or the owners within a proposed historic district shall be contacted in person by members of the HPC and receive notice, at least 30 days prior to the hearing, by certified mail, return receipt requested, of the hearing by the Borough Council on the adoption of an ordinance designating the proposed historic site or district.
D. 
Designation deemed permanent; exception.
(1) 
Designation of an historic site with the consent of the property owner shall be deemed a permanent covenant to run with the property.
(2) 
The property owner shall cause the designation to be recorded with the County Clerk (on a form to be supplied by the Borough) indicating that the property has been designated as an historical site pursuant to this article. Proof of such recording shall be filed with the Borough Clerk.
(3) 
Upon application to the Mayor and Council, a property owner may seek to rescind an historical designation upon a showing of good cause. In considering the application, the Mayor and Council may seek guidance from the Historical Preservation Commission, Planning Board or such professional(s) as it deems appropriate. The Mayor and Council may grant or deny the application and/or impose conditions, requirements or stipulations as it deems appropriate.
The following are incentives for properties designated as historic sites.
A. 
Up to a fifty-percent reduction in building permit fees at the discretion of the Mayor and Town Council.
B. 
Special zoning variance considerations may be recommended by the HPC, in special circumstances, subject to the Planning or Zoning Board's specific findings, including when the owner agrees to write deed restrictions preventing future demolition and stating that all alterations must be done preserving the historic integrity of the building.
C. 
General guidance on acquiring low-interest loans will be provided by the HPC.
D. 
General guidance for obtaining grants will be provided by the HPC.
A. 
The Planning Board and Zoning Board of Adjustment shall refer to the Commission every application for development or zone change request submitted to either Board for development in the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places as designated on the Zoning or Official Map or in any component elements of the Master Plan. This referral shall be made when the application for development is deemed complete or scheduled for hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The HPC may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
B. 
On all matters referred to the Commission which require approval by the Planning Board or Zoning Board of Adjustment, the decision of the HPC shall be a recommendation only.
C. 
An approval by the Planning Board or Zoning Board of Adjustment, as the case may be, does not relieve the applicant of the requirements to obtain a certificate of historic review for properties within the Historic District.
A. 
When required. A certificate of historic review, issued by the Planning Board upon review of the recommendations of the Commission, shall be required before a permit is issued or before work can commence for any of the following activities within an Historic District or historic site:
(1) 
The demolition of any building, improvement, site, place or structure. When considering applications involving demolition, as defined herein, the Commission's report shall contain advice and recommendations for the applicant in regard to the appropriateness of the proposed action, and the report may contain recommended conditions for the Planning Board's review. The Construction Code Official shall include the advice and recommendations of the Planning Board in the permit, which shall be deemed mandatory conditions.
(2) 
Addition to or new construction of a principal or accessory building or structure. When considering applications involving new construction as defined herein, the Commission's report shall contain advice and recommendations for the applicant in regard to the appropriateness of the proposed action, and the report may contain recommended conditions for the Planning Board's review. The Construction Code Official shall include the advice and recommendations of the Planning Board in the permit, which shall be deemed mandatory conditions.
(3) 
Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or maintenance. Exterior change for all primary and accessory buildings shall include special consideration of character defining features visible from the public right-of-way. When considering applications involving change in exterior appearance, the Commission's report shall contain advice and recommendations for the applicant in regard to the appropriateness of the proposed action, and the report may contain recommended conditions for the Planning Board's review. The Construction Code Official shall include the advice and recommendations of the Planning Board in the permit, which shall be deemed mandatory conditions.
B. 
A certificate of historic review shall not be finalized until such review is submitted to the Planning Board for review and approval.
C. 
When not required. A certificate of historic review shall not be required before a permit is issued by the Construction Code Official for changes only to the interior of a structure.
D. 
Procedures.
(1) 
All applicants shall complete an application form. Application forms for a certificate of historic review shall be made available in the office of the Construction Code Official. Completed applications shall be filed with the Construction Code Official/Borough Engineer.
(2) 
Each application shall be accompanied by sketches, drawings, photographs, descriptions and other information to show the proposed alterations, additions, changes or new construction. The Commission may require additional materials as it reasonably requires to make an informed decision.
(3) 
The Commission shall reach a decision on an application and submit its report to the Construction Code Official within 45 days of referral of same by the Construction Code Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
(4) 
Informational meetings. Persons considering action that requires a certificate of historic review, as set forth in this section, are encouraged to request an informal informational meeting with the Commission and/or its Chairman. Requests for such informational meetings can be made to the Construction Code Official, who will contact the Chairman of the Commission. The Commission shall hold such informational meetings within 15 days of receipt of such request. The purpose of an informational meeting is to review with the applicant the standards of appropriateness and the procedures for obtaining a certificate of historic review.
(5) 
Application review.
(a) 
In addition to complying with the requirements of the Open Public Meetings Act,[1] and except in the event of an emergency, at least 15 days prior to such meeting, notice shall be given to the applicant of the time, date, place and specific subject of the meeting.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(b) 
A certificate of historic review shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.
(c) 
The owner shall post the certificate of historic review on a conspicuous spot on the site visible to the public during the entire process of work.
(d) 
An applicant is encouraged to attend the Historic Preservation Commission meeting when the project is to be reviewed. However, the applicant shall not be required to appear or to be represented at the meeting to consider the application for a certificate of historic review, and the Commission may take action in the absence of the applicant.
(e) 
When an application is approved, the Commission shall forthwith issue a certificate of historic review which shall be forwarded to the applicant. Failure to report within a forty-five-day period shall be deemed to constitute a default approval in favor of the proposed work.
(6) 
Emergency procedures.
(a) 
When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with construction codes without first obtaining a certificate of historic review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure.
(b) 
A request for the Commission's review shall be made simultaneously with the onset of emergency work. Such emergency work shall be permitted only if the Construction Code Official certifies the immediate necessity for such permit issuance. Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least three members of the Commission shall convene as soon as possible, and such convening members shall proceed to review the certificate of historic review application as provided in this chapter. Subsequent to such review, a certificate of historic review may be issued upon a majority vote of the members convened.
(7) 
Procedure for granting certification of appropriate municipal actions.
(a) 
It is recognized that the intent and purposes of this article would not be fully served if the municipality were to control the actions of others but fail to apply similar constraints to itself. Accordingly, a certificate of historic review shall be required before final approval of any municipal actions on public as well as private lands, streets, easements and rights-of-way within the Historic District or any designated sites, or sites listed on the Allendale Inventory of Historic Places of the Master Plan. This requirement shall be deemed to include any action by any party which requires the approval or concurrence of the municipality or any municipal agency and which is not otherwise covered by the provisions of this chapter.
(b) 
In those circumstances where the municipality cannot require compliance, as in certain cases involving the county, state and federal governments, the Borough urges, most strongly, the voluntary cooperation of such agencies in seeking a certificate of historic review and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable state and federal regulations regarding historic preservation.
The purpose of this section is to provide uniform standards, design guidelines and criteria for the regulations of the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places for use by the Historic Preservation Commission. All projects requiring a certificate of historic review and all applications for development in an Historic District shall be guided by the principles of the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings.
A. 
Secretary of Interior's standards. In carrying out all of its duties and responsibilities, the Commission shall be guided by the Secretary of the Interior's Standards for Rehabilitation of Historic Buildings which are as follows:
(1) 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure 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 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 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, a structure or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced wherever 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 reconstruction of missing architectural features shall be substantiated by historic, physical or pictorial evidence rather than on conjectural design 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 alterations 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 character of the property, neighborhood or environment.
(10) 
Wherever 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.
B. 
Visual compatibility factors. In assessing the design of any proposed additions or new construction, the following visual compatibility factors shall be considered in conjunction with the Secretary of Interior's standards set forth above by the Historic Preservation Commission.
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3) 
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) 
Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) 
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) 
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8) 
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(9) 
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) 
Scale of building. The size of a building, its mass in relation to open spaces and its windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) 
Directional expression of front elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
(12) 
Exterior features. A building's related exterior features, such as lighting, fences, signs, sidewalks, driveways and parking areas, shall be compatible with the features of those buildings and places to which it is visually related and shall be appropriate for the historic period for which the building is significant.
A. 
As set forth in § 6-31A(1) hereinabove, a certificate of historic review and compliance is required for the demolition of any building, improvement, site, place or structure located within the Historic District or any designated sites or sites listed on the Allendale Inventory of Historic Places.
B. 
Criteria. In regard to an application to demolish or move an historic building, site, place or structure, the following matters shall be considered:
(1) 
Its historic, architectural, cultural and aesthetic significance in relation to the criteria of § 6-28B.
(2) 
Its current and potential use for those purposes currently permitted by the Zoning Ordinance[1] or for the use proposed.
[1]
Editor's Note: See Ch. 270, Zoning.
(3) 
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(4) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5) 
The extent to which its retention would increase property values, promote business, create positions, attract tourists, students, writers, historians, artists and artisans, attract new residents, encourage study and interest in American history, stimulate interest and study in architecture, educate citizens in American culture and heritage or make the municipality a more attractive and desirable place to live.
(6) 
The probable impact of its removal upon the ambiance of the Historic District.
(7) 
The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to comply with the requirements of the applicable building codes.
(8) 
The compelling reasons for not retaining the structure or improvement at its present site, the proximity of the proposed new location and its accessibility to residents of the municipality and the probability of significant damage to the structure or improvement as a result of the relocation.
(9) 
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this chapter and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
(10) 
A discussion with the applicant regarding the applicant's consent to the removal and reuse of certain important features of the historic building or structure.
C. 
Procedure.
(1) 
Applications for a demolition permit must be made to the Construction Code Official. For all properties within the Historic District and any designated sites or sites listed on the Allendale Inventory of Historic Places, a copy of the application will be forwarded to the Historic Preservation Commission within 15 days of receipt of the complete demolition application by the Construction Code Official.
(2) 
When considering applications for demolition permits, the Commission's report shall contain recommendations for the applicant in regard to the appropriateness of the proposed action for the Planning Board's review. The Construction Code Official shall include the advice and recommendations of the Planning Board and the Commission in the certificate of historic review in any permit which is issued.
(3) 
Applications for demolition shall include current and archival photographs of the interior and exterior of the building and drawings to document the condition of the building.
(4) 
The Commission's review of a demolition application may take up to 45 days from receipt of completed application, just as in the case of a development application.
(5) 
Demolition notice posting and publication. Notice of proposed demolition shall be posted on the premises of the building, place or structure in a location that is clearly readable from the street. In addition, the applicant shall publish a notice in the official newspaper of the Borough within 10 days of an application for a demolition permit.
(6) 
Review of application.
(a) 
Every building and site in the historic district or designated site or listed site on the Allendale Inventory of Historic Places is a contributing building and site to the Borough, and the Historic Preservation Commission and the Planning Board shall consider its demolition or moving in relation to its impact on the streetscape and neighborhood, whether or not it is of historic or architectural significance.
(b) 
On any application for a certificate of appropriateness permit to demolish any structure in the Historic District, designated place or on the Allendale Inventory of Historic Places, the Planning Board shall hold a public hearing. At this public hearing, the Planning Board shall hear from the Historic Preservation Commission or any other interested party or organization as to whether the permit shall be issued. In making its determination, the Planning Board shall use the criteria set forth in this article. If the Planning Board determines that the demolition is not appropriate, it may postpone issuance of the permit for a period of six months. During this time, the Planning Board may hold other hearings to determine if there is some other means to preserving the building. The Planning Board is empowered to work out with the owner feasible plans for preservation of structures where moving or demolition thereof would be a great loss to the public, the Borough, the streetscape and the neighborhood. In the event that it is shown that the owner has a reasonable economic use of the property and that the structure should be preserved on the basis of the standards set forth in this article, the Planning Board may deny the application for a certificate of appropriateness permit to demolish the building.
(7) 
New construction; zoning requirements for moved buildings.
(a) 
All new construction on the site of a building demolished within the Historic District or any designated sites or sites listed on the Allendale Inventory of Historic Places, is subject to mandatory review by the Historic Preservation Commission. The certificate of historic review will be issued only when the Historic Preservation Commission is satisfied that the facades of the replacement structure meets all the criteria of the design guidelines deemed applicable and fits appropriately within the Historic District.
(b) 
When it is necessary to move an historic building to another site within the Borough to preserve it, upon approval of the relocation plans by the Planning Board, said buildings may be relocated, providing it fulfills the area regulation of said zone as to lot size, setback and yard area.
(8) 
When a certificate of historic review has been issued, the Construction Code Official or his appointee shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Planning Board the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of historic review. If it should, the officer shall inform both the Construction Code Official and the applicant, as well as the Historic Preservation Commission.
A. 
Violations.
(1) 
If any person shall undertake any activity regarding any improvement in the Historic District or any designated sites or sites listed on the Allendale Inventory of Historic Places without first having obtained and posted a certificate of historic review, such person shall be deemed to be in violation of this chapter. He or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the landmarks affected pending a decision.
(2) 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking review of the extent and proposed work by the Historic Preservation Commission. If the project is denied, he shall immediately restore the site to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief in the Superior Court of New Jersey not less than 10 days after the personal service of notice by the Zoning Officer upon the owner of the lot whereon the violation is occurring.
(3) 
If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
B. 
Penalties. If any person shall undertake demolition or removal or new construction affecting an improvement in the Historic District or any designated site or sites listed on the Allendale Inventory of Historic Places without first having obtained a certificate of historic review or without subsequent review by the Commission following discovery of the omission, he may be required to restore same to the previous condition. In addition, there shall be imposed upon such person the fines and penalties set forth in the Zoning Ordinance of the Borough of Allendale.
C. 
Injunctive relief. In the event that any action which would permanently and adversely change an improvement in the Historic District or any designated sites or sites listed on the Allendale Inventory of Historic Places, such as demolition or removal, is about to occur without a certificate of historic review having been issued, the Zoning Officer may apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of such site or landmark.
Appeals to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70.2 and N.J.S.A. 40:55D-72 may be taken by any interested party affected by any order, requirement, decision or refusal of the Construction Code Official pursuant to a report submitted by the Historic Preservation Commission or Planning Board, including a denial of a certificate of historic review, in accordance with N.J.S.A. 40:55D-111. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Zoning Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
The requirements of this article shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
Notice shall be made to all Historic District property owners 30 days prior to any change(s), addition(s), deletion(s) or revocation(s) affecting the purposes and conditions set forth herein. Notice shall be made by copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
This chapter shall be liberally construed to affect the purposes set forth herein. In the event that this article conflicts with state law, state law shall take precedence.
If any section, subsection, paragraph, sentence, clause, phrase or word contained in this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article, which shall remain in full force and effect and to this end the provisions of this article are hereby declared to be severable.
All other ordinances of the Borough, or parts thereof, which are in conflict with this article are hereby repealed to the extent of such conflict including §§ 6-19 to 6-26 of the Code.
This article shall take effect upon passage and publication as required by law.