Borough of Westwood, NJ
Bergen County
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Table of Contents
Table of Contents
[Added 3-18-2008 by Ord. No. 08-08]
There is hereby established an advisory Historical Preservation Commission for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value and interest within the Borough of Westwood.
As used in this article, the following terms shall mean and include:
ADDITION
The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any individually designated historic landmark or any structure within a designated historic district.
ADMINISTRATIVE APPROVAL
An approval issued by the administrative officer following referral to an action by the Chairman of the Borough Historic Preservation Commission, in place of action of the full Commission, and in accordance with the provisions of N.J.S.A. 40:55D-111.
ADMINISTRATIVE OFFICER
The person designated by the Borough Administrator to handle the administration of historic project review applications as well as the coordination of building permit applications as referred to in this article.
AFFECTING A LANDMARK OR HISTORIC DISTRICT
Any development activity which alters the architectural appearance of an historic landmark or any improvement within an historic district, or any demolition of structures on an historic landmark property.
ALTERATION
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Constitutes a change by addition or replacement in the architectural appearance of an improvement.
APPLICANT
Any private person, persons or any representative of any private entity, private organization, association, or public agency with legal authority to make an alteration, addition, renovation, or repair or to demolish a structure that is governed under this article of the Code of the Borough of Westwood.
ARCHITECTURAL FEATURE
Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color and texture of the building materials, signs and other decorative and architectural elements.
BUILDING
A structure designed for the habitation, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls, and usually, but not necessarily, covered with a roof.
CERTIFICATE OF APPROPRIATENESS
The certificate issued by the administrative officer that is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure and accessory buildings or structures on the property pursuant to this article of the Code of the Borough of Westwood.
CONSTRUCTION OFFICIAL
The chief administrator of the enforcing agency (Construction Department). He shall establish the day-to-day operating routines of the agency and shall coordinate the activities of the subcode officials. The Construction Official shall be qualified, in accordance with Subchapter 5 of the Uniform Construction Code,[1] in at least one subcode.
DEMOLITION
Partial or total razing or destruction of any historic landmark or of any improvement within an historic district, or any structure on an historic landmark property.
DISREPAIR
The condition of being in need of repairs; a structure or building in disrepair.
A. 
An area which:
(1) 
Has a special character or special historic or aesthetic interest or value.
(2) 
Represents one or more periods of styles in architecture typical of one or more eras in the history of the Borough, state or nation.
(3) 
Causes such area, by reason of such features, to constitute a distinct section of the Borough.
(4) 
Has been designated as an historic district pursuant to the provisions of this article.
B. 
Resources within an historic district shall be classified as either "key," "contributing" or "noncontributing," which are defined as follows:
(1) 
"Key" shall mean any buildings, structures, sites or objects which, due to their significance, would individually qualify for inclusion on the National Register of Historic Places.
(2) 
"Contributing" shall mean any buildings, structures, sites or objects which are integral components of the historic district, either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.
(3) 
"Noncontributing" shall mean any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
HISTORIC LANDMARK
Any improvement, any part of which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Borough, state or nation and which has been designated as an historical landmark pursuant to the provisions of this article.
HISTORIC LANDMARK SITE
Any parcel or part thereof on which a landmark is situated and has been designated an historic landmark site pursuant to the provisions of this article. This shall also include all primary and accessory structures or buildings located on the subject property.
HISTORIC PRESERVATION COMMISSION
The body which, for the purposes of this article, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and as set forth in Chapter 195 et seq., of the ordinances of Westwood Borough.
IMPROVEMENT
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 continuous days.
INVENTORY
The buildings, structures, sites and districts identified in the document entitled "Bergen County Historic Sites Survey – Borough of Westwood," prepared for the Bergen County Board of Chosen Freeholders, Bergen County Office of Cultural and Historic Affairs, and the Bergen County Historic Sites Advisory Board in 1982 to 1983. This shall also include any cultural resource inventory prepared subsequently which shall have used criteria for such an inventory determined professionally appropriate and acceptable at the time of the work.
MASTER PLAN
The Master Plan of the Borough of Westwood, 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.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places, as set forth in 36 C.F.R. § 60.4 et. seq.
NATIONAL REGISTER OF HISTORIC PLACES
The official list, maintained by the United States Department of the Interior, National Park Service, of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture.
OBJECT
A thing of functional, aesthetic, cultural, historic, or scientific value that may be, by nature of design, movable yet related to a specific setting or environment.
OFFICIAL MAP
A map of the Borough depicting all of the tax block and lots contained therein, and which shall be marked to identify the location of historic landmarks, historic landmark sites and historic districts.
ORDINANCE
A legislative act of the Governing Body of a municipality, adopted in accordance with statutory requirements as to notice, publicity, and holding of public hearings as required by law.
ORDINARY MAINTENANCE AND REPAIR
The repair of any deterioration, wear or damage to a structure, or any part thereof, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage, with in-kind material and quality of workmanship, and in accordance with the requirements of the New Jersey Uniform Construction Code.[2]
PRACTICAL
A determination by the Historic Preservation Commission, after review of an application, if the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the standards of the Secretary of the Interior or as may be set forth in this article.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this particular activity, however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems, and other code-required work to make properties functional, is appropriate within a preservation activity.
A. 
Any project where the extent and nature of the work is such that the work area cannot be occupied while the work is in progress and where a new certificate of occupancy is required before the work area can be reoccupied. Reconstruction may include repair, renovation, alteration or any combination thereof. Reconstruction shall not include projects comprised only of floor finish replacement, painting or wallpapering, or the replacement of equipment or finishings. Asbestos hazard abatement and lead hazard abatement projects shall not be classified as reconstruction solely because occupancy of the work area is not permitted.
B. 
Reconstruction shall also mean the act or process of depicting, by means of new construction, the form, features and detailing of a nonsurviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure in accordance with the New Jersey Uniform Construction Code.[3] Rehabilitation work shall take into account the preservation of those proportions or features which convey its historical, cultural or architectural values.
REMOVAL
To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.
REPAIR
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Does not change the exterior architectural appearance of any improvement.
REPLACEMENT
The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.
RESTORATION
The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the United States Department of the Interior, National Park Service, entitled "The Secretary of the Interior's Standards for the Treatment of Historic Properties as the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings," issued in 1995, and revised from time to time.
SITE
The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure, or object if the location itself, or the objects found therein, possesses historic, cultural, or archeological significance. This shall include both primary and accessory buildings and structures.
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, sidewalks, curbing and landscaping.
STRUCTURE
A combination of materials used to form a construction for the purposes of occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above, or below the surface of the land. For purposes of this article of this article only, the word "structure" shall also include fences which are over three feet in height; walls, other than retaining walls not projecting more than 12 inches above the ground at the highest level; independent radio and television antennae; gasoline pumps; gazebos; pergolas; and swimming pools.
ZONING OFFICER
The individual, appointed by either the municipal administrator or the Governing Body, who shall be responsible for the enforcement of this article, as enacted by the Governing Body, as it may relate to the erection, construction, reconstruction, rehabilitation, alteration, or conversion of a building or structure.
[1]
Editor's Note: See N.J.A.C. 5:23-5.1 et seq.
[2]
Editor's Note: See N.J.A.C. 5:23-1.1 et seq.
[3]
Editor's Note: See N.J.A.C. 5:23-1.1 et seq.
A. 
Composition; qualifications; vacancies.
(1) 
The Commission shall consist of seven members and two alternate members who shall serve without compensation and who shall be appointed by the Mayor and Borough Governing Body. All Commission members shall be residents of the Borough of Westwood, except as noted in Subsection C below.
(2) 
To the extent available in the community, the Borough Governing Body shall appoint professional members from the disciplines of planning, cultural anthropology, conservation, landscape architecture, architecture, history, architectural history, prehistoric archaeology and historic archaeology who meet the standards contained in the National Park Service Professional Qualification Standards. The Borough Governing Body can request from the New Jersey State Historic Preservation Office an exemption from this requirement by demonstrating that a reasonable effort has been made to appoint qualified professionals.
(3) 
Vacancies on the Commission are to be filled with qualified members within 60 days.
B. 
The initial terms of office of the first Commission members shall be for one, two or three years, to be designated by the Mayor in making such appointments in the following manner: Three of such members shall be appointed for terms of one year, two of such members shall be appointed for terms of two years, and two of such members shall be appointed to terms of three years. The terms of each such member shall expire on December 31 of the last year of each such member's term and upon the appointment and qualification of such member's successor. The terms of appointment of succeeding Commission members shall be for four years each, to expire on December 31 of the last year of such succeeding member's term and upon the appointment and qualification of such member's successor. The initial terms of the alternate members shall not exceed two years, and, thereafter, the term of an alternate member shall be two years.
C. 
Membership.
(1) 
Members of the advisory Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:
(a) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside of the municipality; and
(b) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside of the municipality.
(2) 
Of the regular members of the Commission, a total of at least one less than a majority shall be Class A and Class B. Those regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be 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. Alternate members shall meet the qualifications of Class C members. At the time of appointment of the members of the Commission, such members shall be designated by class, and the alternate members as "Alternate No. 1" and "Alternate No. 2."
D. 
Each year, all members of the Commission should attend a conference or training workshop on historic preservation issues or a related field.
E. 
The Mayor and Borough Governing Body may remove any member of the Commission for cause or written charges served upon such member and after a hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel. A vacancy on such Commission occurring otherwise than by expiration shall be filled in the same manner as an original appointment. Further, should a member of the Commission miss three consecutive regular meetings of the Commission, then that Commissioner's position shall be considered to have been officially vacated.
F. 
Information on the credentials of the Commission members and consultants shall be kept on file and available to the public.
G. 
Officers, staff and expenditures.
(1) 
The Commission shall elect a Chairman and Vice Chairman from among its Class A, B or C members, provided the member is a Westwood resident. The Commission shall also appoint a Secretary, who may or may not be a member of the Commission or a municipal employee. The Commission shall be governed by Robert's Rules of Order. At least four members of the Commission shall constitute a quorum for the transaction of business. The Commission shall adopt, subject to formal approval by the Borough Governing Body, rules for the transaction of its business, in the form of bylaws, which shall provide for the identification of the time and place of holding regular meetings and for the calling of special meetings by the Chairman or at least four regular members of the Commission. All meetings of the Commission shall be governed by the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
[Amended 2-18-2014 by Ord. No. 14-1]
(2) 
The Borough Governing Body shall provide for the Commission in its budget and shall appropriate such funds for the expenses of the Commission as the Borough Governing Body, in its sole discretion, shall determine, pursuant to N.J.S.A. 40:55D-108. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary, except that the Commission shall obtain its legal counsel from the Borough attorney at the hourly rate of compensation set forth in the Borough Attorney's contract with the Borough, unless the Borough Governing Body, by appropriation, provides for separate legal counsel. The services of the Borough Attorney shall be compensated for by the Borough Governing Body or from the Commission budget should such funds have been appropriately budgeted for. Expenditures pursuant to this subsection shall not exceed, including gifts or grants, the amount appropriated by the Borough Governing Body for the Commission's use. The Borough Governing Body shall establish, by ordinance, reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of an application. These fees are in addition to any other fees required under any portion of this article or any other applicable Borough ordinance.
(3) 
The Commission may appoint a consultant, who is a recognized professional in the field of architectural history, historic preservation and planning, or similar discipline, to advise the Commission on matters before it, as the Commission may deem necessary to assist in it rendering its decision, pursuant to this article.
(4) 
The Commission Chairman shall be responsible for serving as the presiding officer for all Commission meetings and establishing the agenda for those meetings. The Chairman shall also serve as the primary spokesman for the Commission regarding policies and decisions made by the Commission. In the absence of the Chairman, the Vice Chairman shall assume the duties of the Chairman.
(5) 
The Secretary shall be responsible for keeping a record of the proceedings before the Commission, which shall include the voting records of the members, their attendance, resolutions acted upon by the Commission and any of its findings, determinations and decisions. The Secretary shall also be responsible for preparing all letters and other correspondence for the Commission, having the appropriate member(s) of the Commission sign the correspondence and arranging for the mailing and/or distribution of such correspondence.
The Commission shall have the following responsibilities, powers and duties:
A. 
Within one calendar year of its organization, prepare and adopt, pursuant to § 195-179 hereof, an historic landmark, historic landmark site and historic district designation list and Official Map, which shall then be referred to the Planning Board for inclusion in the Master Plan pursuant to N.J.S.A. 40:55D-28b and to the Borough Governing Body for inclusion in this chapter.
B. 
In accordance with the provisions and standards of this chapter regulating historical districts, and prior to approval by either the Planning Board or Zoning Board of Adjustment of any application for a permit to perform any alteration, construction, restoration or demolition upon any property located within an historic district or designated an historic landmark or historic landmark site, make and transmit, within 45 days after referral, a report to the Planning Board or Zoning Board of Adjustment, including recommendations concerning the proposed application and whether it should be approved or denied. The Commission shall also formally designate either the Chairman or another member of the Commission to attend the Planning Board or Zoning Board of Adjustment meeting and address any questions that might arise regarding the report. The Planning Board or Zoning Board of Adjustment shall review the report of the Commission and may disapprove or change any recommendation only by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. The Planning Board and Zoning Board of Adjustment shall utilize the same criteria contained in this article when reviewing the recommendations rendered by the Historic Preservation Commission. Failure of the Commission to transmit a report within the forty-five-day period provided herein shall relieve the Planning Board from the requirements of this section.
C. 
The Commission shall evaluate properties included in the community-wide inventory against the criteria for the National Register of Historic Places and prepare nominations for the consideration of the State Historical Preservation Officer. Inventory material shall be:
(1) 
Compatible with the New Jersey Historic Sites Inventory.
(2) 
Accessible to the public, except that access to archaeological site locations shall be restricted.
(3) 
Updated periodically.
D. 
The Commission shall review proposed National Register nominations for properties.
(1) 
When the nomination materials are received first or initiated by the Commission, the Commission shall promptly notify the State Historic Preservation Office and forward a copy of the nomination to the state agency.
(2) 
The Commission shall allow a reasonable opportunity for public comment on the nomination by publicly announcing when the nomination will be discussed and conducting the discussion at a public meeting that complies with the requirements of the New Jersey Open Public Meetings Act,[1] held within 45 days of receipt of the nomination. When the Commission considers a National Register nomination which is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, the Commission must seek expertise in this area in order to comment.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
(3) 
The Commission shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within 60 days of notice from the State Historic Preservation Office that a nomination is technically complete, the Mayor shall transmit the report of the Commission and his recommendations to the State Historic Preservation Office.
E. 
The Commission shall amend, from time to time, as circumstances warrant, the landmark designation list and Official Map in the manner set forth in § 195-179.
F. 
The Commission shall report at least annually to the Planning Board, Zoning Board of Adjustment and the Borough Governing Body on the state of historic preservation in the Borough and recommend measures to improve the same. Such a report shall address, at a minimum, any properties added to either the New Jersey or National Registers of Historic Places, areas in the community that the Commission feels may be experiencing development pressures that would impact historic landmarks or historic districts, and buildings or structures that the Commission may be considering for local designation.
G. 
The Commission shall collect and disseminate material on the importance of historic preservation and preservation techniques, and make available such materials to interested citizens and applicants, and prepare and distribute a design guidelines booklet addressing the specific design needs of individually designated buildings and structures and such buildings and structures within a designated historic district.
H. 
The Commission shall advise, upon request, all interested citizens, applicants, and municipal, county and state agencies regarding goals and techniques of historic preservation as it relates to the preservation of the heritage of the Borough.
I. 
The Commission shall adopt and promulgate such procedures not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties herein assigned. This shall include the establishment of standing committees, subcommittees or ad hoc committees.
J. 
The Commission shall advise the Planning Board or the Zoning Board of Adjustment, upon request, as to any applications before those bodies which are not within but which may substantially affect or impact any historic district or individually designated historic landmark.
K. 
The Commission shall carry out such advisory, educational and informational functions as will promote historic preservation in the Borough and shall consult with the Westwood Borough Historical Society and other agencies as deemed necessary and appropriate on all matters pertaining to the protection and preservation of the Borough's cultural resources.
L. 
The Commission shall undertake a review of all Section 106 (National Historic Preservation Act of 1966[2]) applications for projects within the Borough and for those projects outside of the Borough but which may have a physical or visual impact on the cultural resources of the Borough. The Commission shall develop, in a timely manner, a report on its findings and submit the same to the State Historic Preservation Office and the Borough Planning Board or the Borough Zoning Board of Adjustment, depending on which Board would be hearing the application for development.
[2]
Editor's Note: See 16 U.S.C. § 470 et seq.
M. 
The Commission shall undertake the review of all applications for a certificate of appropriateness in accordance with § 195-180 of this article.
N. 
The Commission shall not undertake independent enforcement actions outside of the application review process.
A. 
Survey. The Commission shall maintain a comprehensive survey of the Borough of Westwood to identify historic landmarks, historic landmark sites and historic districts that are worthy of protection and preservation. The basis of this survey shall be the buildings, structures, sites, objects and districts identified in the Bergen County Historic Sites Survey, Borough of Westwood, prepared for the Bergen County Board of Chosen Freeholders, Bergen County Office of Cultural and Historic Affairs, and the Bergen County Historic Sites Advisory Board in 1982 to 1983.
B. 
Criteria for designation. The criteria for evaluating and designating historic landmarks, historic landmark sites and historic districts shall be guided by the National Register Criteria. The Commission or any person may recommend designation of historic landmarks, historic landmark sites or historic districts that are in accordance with the National Register Criteria or that possess one or more of the following attributes:
(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 landmark or site an established or familiar visual feature; or
(8) 
Ability or potential ability to yield information important in prehistory or history.
C. 
Procedures for designation.
(1) 
Persons wishing to make a nomination shall contact the Commission Secretary regarding consideration of a proposed historic landmark, historic landmark site or historic district. The Commission may also initiate the designation of an historic landmark, historic landmark site or historic district. The Commission will schedule a hearing to review the proposed historic landmark, historic landmark site or historic district.
(2) 
A nomination to propose an historic landmark or historic landmark site shall include the following information, which addresses the criteria for designation as set forth herein:
(a) 
A photograph, preferably black and white, of the proposed landmark or site;
(b) 
A copy of the municipal Tax Map showing the property on which the proposed landmark or site is located;
(c) 
A written description of the physical condition and details of the proposed landmark or site; and
(d) 
A written statement of significance, employing the criteria set forth in this article.
(3) 
A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:
(a) 
A building-by-building inventory of all properties within the proposed district;
(b) 
A photograph, preferably black and white, of all properties within the proposed district;
(c) 
A copy of the municipal Tax Map that will depict the boundaries of the proposed district;
(d) 
A written description of the physical condition of the buildings in the proposed district, as well as a description of the streetscapes in the proposed district; and
(e) 
A written statement of significance, employing the criteria set forth in this article.
(4) 
Following receipt of a nomination to propose an historic landmark, historic landmark site or historic district, the Commission shall schedule a public hearing on the proposed designation.
(5) 
At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
(a) 
Notify the owner(s) of record of a property that has been proposed for historic landmark or historic landmark site designation, or the owner(s) of record of all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;
(b) 
Advise the owner(s) of record of the significance and consequences of such designation and the rights of the owner(s) of record to contest such designation under the provisions of this article;
(c) 
Advise the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and
(d) 
Serve any further notices as may be required under the provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(6) 
At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official designated newspaper of the Borough.
(7) 
At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the Borough.
(8) 
At the public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested parties shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
(9) 
If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed historic landmark, historic landmark site or historic district to the Borough Governing Body, which shall contain a statement of the Commission's recommendations and the reasons therefor. The Borough Governing Body action on designating an historic landmark, historic landmark site or historic district shall then 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.
(10) 
All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.
(11) 
Upon adoption of an ordinance by the Borough Governing Body designating an historic landmark, historic landmark site or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark, historic landmark site or historic district is located. At that time, the designation list and map shall be incorporated into the Borough Master Plan and this article as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the Planning Board and Zoning Board of Adjustment, as well as the offices of the Borough Construction Official, the Borough Tax Assessor and the Borough Clerk.
(12) 
Amendments to historic landmark, historic landmark site or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.
D. 
Designation of historic districts.
[Added 12-20-2011 by Ord. No. 11-15]
(1) 
Jefferson Avenue Historic District.
(a) 
Pursuant to Borough Code, § 195-179 et seq., there is hereby designated a historic district in the Borough of Westwood, known as the "Jefferson Avenue Historic District," which shall include and embody the following properties located in the Borough of Westwood:
[1] 
57 Jefferson Avenue, Block 1503, Lot 13;
[2] 
59 Jefferson Avenue, Block 1503, Lot 14;
[3] 
63 Jefferson Avenue, Block 1503, Lot 15;
[4] 
73 Jefferson Avenue, Block 1503, Lot 16;
[a] 
77 Jefferson Avenue, Block 1503, Lot 17.
(b) 
By virtue of the creation of said Jefferson Avenue Historic District, and the inclusion of the above-referenced properties within said district, the above-mentioned properties shall be subject to the provisions and requirements of Borough Code, § 195-175 et seq., and specifically Borough Code, § 195-180 et seq.
(c) 
The designation of the Jefferson Avenue Historic District as provided herein shall supplement, rather than supersede, the existing zoning district in which the Jefferson Avenue Historic District is located.
A. 
Certificate of appropriateness.
(1) 
When required. A certificate of appropriateness issued by the Planning Board shall be required before any work is commenced on any historic landmark, any historic landmark site or improvement with an historic district, whether or not a permit is required for such work, including but not limited to the following:
(a) 
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including the replacement of windows and doors, except for the activities described by Subsection A(2) below.
(b) 
Demolition of any building, structure, site, object or improvement.
(c) 
Relocation of a principal or accessory building, structure, object or improvement.
(d) 
Any addition to or new construction of a principal or accessory building, structure, object or improvement.
(2) 
When not required.
(a) 
A certificate of appropriateness shall not be required before a permit is issued by the Construction Official for changes to the interior of a structure.
(b) 
A certificate of appropriateness shall not be required for exterior or interior painting of existing structures.
(c) 
A certificate of appropriateness shall not be required if, in the opinion of the Commission, the work contemplated constitutes ordinary maintenance and repair as defined by this article. In such cases, if a permit is required for the proposed work, the Commission or administrative officer shall promptly notify the Construction Official that a certificate of appropriateness is not required as a prerequisite to the issuance of a permit.
(3) 
Procedures.
(a) 
Except for the circumstances described in Subsection A(2)(a) and (b) above, no work shall be performed on any historic landmark, historic landmark site or on any building, structure, object, site or improvement located within an historic district until either a certificate of appropriateness has been issued by the Planning Board for such work or until a determination has been made by the Commission that no certificate of appropriateness is necessary for such work due to the fact that the proposed work constitutes ordinary maintenance and repair pursuant to this article.
(b) 
All applicants for a certificate of appropriateness, or for a determination of nonnecessity pursuant to Subsection A(2)(c) above, shall complete an application form as adopted by the Commission. Application forms shall be made available in the office of the Borough Planning Board Secretary or the Construction Official. Completed applications shall be filed with the administrative officer of the Commission, who shall then forward the application package to the Commission.
(c) 
Each application for a certificate of appropriateness or for a determination of nonnecessity shall be accompanied by sketches, drawings, photographs (both historical and contemporary), descriptions or other information as may be required from the application checklist and as required by the Commission. The information is to be used to show the alterations, additions, changes or new construction that is being proposed. Applications for demolition shall include historical and contemporary photographs of the exterior and interior of the building or structure in question. The Commission may require the subsequent submission of such additional materials as it reasonably requires to make an informed decision and recommendation to the Planning Board.
(d) 
The Commission, through its administrative officer, shall recommend to the Planning Board either the approval or denial of the application for a certificate of appropriateness and shall explain in writing the reasons for its recommendation. The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic and/or architectural significance as set forth in the criteria of this article. In considering the Commission's recommendations, the Planning Board shall be guided by the same review criteria of this article and shall follow the recommendations of the Commission unless, for good cause, its opinion shall differ with those of the Commission. In such case, the Planning Board shall state its reasons in writing.
(e) 
The applicant for a certificate of appropriateness shall be required to appear before the Commission and Planning Board for the hearing on the application. An applicant may also be represented by an attorney or another individual who shall be authorized in writing to represent the applicant. If an applicant is a corporation, limited-liability corporation or other form of legally constituted corporation, then that applicant shall be represented by an attorney.
(f) 
A certificate of appropriateness shall be valid for a period of two calender years from the date of the Planning Board action on the resolution adopted to memorialize the approval of the certificate of appropriateness.
B. 
Demolitions.
(1) 
With respect to applications for demolition, the Commission and Planning Board shall first consider whether preservation of the historic landmark in place is feasible or, failing that option, whether preservation of the historic landmark at another location is feasible and practical. In determining whether preservation of the historic landmark in place is feasible, the following factors shall be considered:
(a) 
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.
(b) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with difficulty.
(c) 
The extent to which its retention would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in studying architecture and design, educating citizens in American culture and heritage or making the municipality a more attractive and desirable place in which to live.
(d) 
If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
(e) 
Whether the historic landmark represents the last or best remaining example of its kind in the Borough that possesses research potential or public education values.
(f) 
Whether the historic landmark can be preserved by protecting its location from disturbance.
(g) 
Whether redesign of the development proposal to avoid impact can result in the preservation of the building or structure in question.
(h) 
The historic, architectural, aesthetic and social significance of the building or structure and/or importance and uniqueness to the Borough and the extant archaeological resources.
(i) 
Whether protective measures will result in the long-term preservation of the historic landmark.
(j) 
Whether the steps necessary to preserve the historic landmark are feasible and practical.
(2) 
In the event that the Commission recommends and the Planning Board grants permission for the demolition of the historic landmark, the applicant shall be responsible for preparing and submitting to the Commission a completed set of drawings and photographs of the historic landmark that meet the standard established by the Historic American Buildings Survey (HABS), as administered through the United States Department of the Interior. The photographs are to be taken by a professional photographer and shall be eight-inch-by-ten-inch black and white prints made on archival-quality photographic paper and taken from large format (four-inch-by-five-inch minimum size) negatives. The drawings and photographs shall be submitted to the Commission for review and acceptance. Prior to having the municipality issue the formal certificate authorizing the demolition, the applicant shall have submitted two sets of drawing prints and one set of reproducible Mylar prints and two sets of eight-inch-by-ten-inch black and white photographic prints and the large format negatives that the prints were made from. These requirements may be waived by the Historic Preservation Commission if the demolition involves a noncontributing building or structure within a designated historic district.
(3) 
In the event that the Commission recommends disapproval of an application for a certificate of appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, and the Planning Board concurs, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish the same, provided that all of the following requirements have been fully met:
(a) 
Appeal to the New Jersey State Superior Court. The owner has applied for the necessary certificate of appropriateness and has received notice of the Planning Board's denial of same from the administrative officer and has appealed to the New Jersey State Superior Court. If the New Jersey State Superior Court overturns the denial rendered by the Planning Board, then the applicant will be responsible for completing the documentation components stipulated in Subsection B(2) above prior to the formal demolition permit being issued by the Borough.
(b) 
Sale for fair market value. The owner has, prior to seeking demolition for a period of at least 365 days (the "offer period"), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement, and the land pertaining thereto, to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement, and the land pertaining thereto.
(c) 
Posting of demolition notice and publication. Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the notice period in a location such that it is clearly readable by the public. The actual size and location of the notice sign shall be determined jointly by the Commission and the applicant at a public meeting on the application. In addition, the applicant shall cause to be published in the officially designated newspaper of the Borough a notice setting forth the following:
[1] 
The applicant's intent to demolish, including a description of the subject property (by block and lot number, as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished;
[2] 
The applicant's proposed use of the property following demolition;
[3] 
The anticipated time frame(s) associated with the demolition;
[4] 
A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
[5] 
The applicant's name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or make an offer to purchase the property as set forth above.
(d) 
The notice shall be published as follows:
[1] 
At least once within the first 10 days of the notice period;
[2] 
At least once within the period of time that is not less than 10 nor more than 15 days prior to the expiration of the notice period; and
[3] 
A least once each 20 days between the above first and last notifications.
(e) 
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
[1] 
Advise the Commission in writing, by certified return mail, of its intention to proceed with the demolition;
[2] 
Certify in writing to its compliance with the provisions of Subsection B(2) and (3)(b) above, relating to photographic and drawing documentation and to the three-hundred-sixty-five-day offer period, respectively;
[3] 
Provide the Commission with a copy of the notices that appeared in the officially designated newspaper(s) of the Borough and a listing of all of the dates on which the said notice(s) appeared in the newspaper(s);
[4] 
Advise the Commission in writing as to whether any interested persons submitted an offer or offers to purchase the property, whether during the three-hundred-sixty-five-day offer period or following the newspaper notices referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
[5] 
File copies of the affidavits of publications relating to all newspaper notices with the Commission.
(f) 
Notice period. The period of time during which the notice must be given in the manner hereinbefore set forth shall be known as the "notice period," which shall commence on the 10th day following the date of the notice of denial of the appeal from the New Jersey State Superior Court, and such notice period shall run for a period of time of 60 days.
(4) 
Assignment. No assignment of the rights granted by a certificate of appropriateness to demolish shall be permitted.
(5) 
Expiration of approval. In cases where demolition is permitted, the certificate of appropriateness shall be valid for one year from the date of the Commission approval of the application. The one-year approval shall not be extended. At the time of issuance of the certificate of appropriateness to demolish, the Construction Official shall designate the period of time (within the one-year approval period) within which demolition must be completed.
(6) 
Approval after change of circumstances. The Commission may at any time during such notice period, if a significant change in circumstances occurs, approve a certificate of appropriateness to demolish, in which event, a permit from the Construction Official shall be issued within 10 working days thereafter.
C. 
Removal of an historic landmark from the municipality. In regard to an application to move an historic landmark within an historic district or an individually designated historic landmark to a location outside the municipality, the following matters shall be considered, in addition to the criteria set forth in Subsection A above:
(1) 
Whether the historic landmark can be relocated and still retain its historic significance.
(2) 
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(3) 
Whether alternative locations that are compatible with the historic landmark are available.
(4) 
Whether it is feasible and practical to relocate the historic landmark.
(5) 
Whether the relocation will result in the long-term preservation of the historic landmark.
(6) 
The rational for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district.
D. 
Removal of an historic landmark to another location within the municipality.
(1) 
In regard to moving an individually designated historic landmark or any building or structure in an historic district to a new location within the municipality, the following matters shall be considered in addition to the criteria listed in Subsection A above:
(a) 
Whether the historic landmark can be relocated and still retain its historic significance.
(b) 
Whether the historic landmark is sufficiently well preserved and structurally stable to sustain the relocation.
(c) 
Whether alternative locations that are compatible with the historic landmark are available.
(d) 
Whether it is feasible and practical to relocate the historic landmark.
(e) 
Whether the relocation will result in the long-term preservation of the historic landmark.
(f) 
The rational for not retaining the historic landmark at its present location and the probable impact of its removal upon the ambience of the historic district. Also, consideration must be given to the site where the building or structure is to be relocated.
(2) 
Following the relocation of the historic landmark to another site in the municipality, the Commission and Planning Board shall retain jurisdiction of the building and site for purposes of review of any future development activity in terms of alteration, addition or demolition. The tax block and lot number of the new site shall be added to the list of designated historic properties and shall be included on the Official Map, as defined in this article.
E. 
Alterations and additions. In regard to an application for alterations and/or additions affecting either an individually designated historic landmark, site or a building or structure within a designated historic district, the following factors shall be considered:
(1) 
Design and materials. The proposed design and materials will conform to the building's original architectural style.
(2) 
Original qualities. 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 shall be avoided.
(3) 
Acquired significance. Changes that 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.
(4) 
Repair versus replacement. Deteriorated architectural features (e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired rather than replaced, wherever possible, using the Secretary of the Interior's Standards for Rehabilitation. In the event 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 duplications of features substantiated by historic, physical, or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(5) 
Design of alterations or additions.
(a) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(b) 
The addition being proposed cannot exceed more than 25% of the total above-grade enclosed and livable square footage of the existing building or structure.
(6) 
Character of alterations. Wherever possible, new additions and 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.
(7) 
Synthetic siding. Synthetic siding is not permitted on key buildings. Synthetic siding may be used to resurface facades of low public visibility on contributing buildings that were originally wood-sided only if the substitute siding is similar in design, width and texture to the original siding and will not endanger the physical condition and structural life of the building. Architectural trim must be retained, and "packing out" of window and door frames is specifically prohibited.
(8) 
Window and door openings.
(a) 
The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from a public street.
(b) 
Fiberglass-clad, vinyl-clad and aluminum-clad windows and doors are not acceptable on key buildings. Non-wood-surfaced window sashes, frames and doors and door frames may be used on side and rear exposures of low public visibility on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width, height and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building or structure. Architectural trim and adornments must be retained. Non-wood-surfaced window sashes, frames and doors are acceptable on noncontributing buildings. Pure vinyl windows are not permitted.
F. 
New construction.
(1) 
In regard to an application for new construction or replacements affecting an historic landmark, site, or an improvement within an historic district, the following factors shall be considered:
(a) 
Height. The height of the proposed buildings shall be visually compatible with adjacent buildings.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which they are visually related.
(f) 
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which they are visually related.
(g) 
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(h) 
Walls of continuity. Appurtenances of 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.
(i) 
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually related.
(j) 
Directional expression of front elevation. A building and/or structure shall be visually compatible with buildings and/or structures to which it is visually related in its vertical character, horizontal character or nondirectional character.
(k) 
Exterior features. A building and or structure's related exterior features, such as lighting, fences, signs, sidewalks, driveways, satellite dishes 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.
(l) 
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of a building shall be visually compatible with buildings and places to which it is visually related.
(2) 
Permit review. It shall be the duty of all municipal officials reviewing 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 appropriateness and, if it should, to inform the Historic Preservation Commission, the Planning Board or the Zoning Board of Adjustment, and the applicant.
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 the uniform construction codes,[1] without first obtaining a certificate of appropriateness. 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. Where feasible, temporary measures to prevent further damage should be used, provided these measures are reversible without damage to the structure.
[1]
Editor's Note: See Ch. 129, Construction Codes, Uniform, and N.J.A.C. 5:23-1.1 et seq.
B. 
The property owner shall make a request for the Commission's review simultaneously with the onset of the emergency work. The request shall be made to the administrative officer. Such emergency work shall be permitted only if the administrative officer 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 four members of the Commission shall convene as soon as possible and such convening members shall proceed to review the certificate of appropriateness application as provided in this article. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.). Subsequent to such review, a certificate of appropriateness may be issued upon a majority vote of the members convened.
C. 
No work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained from the Commission after referral of the request by the Construction Official.
A. 
In conjunction with all applications presented to the Planning Board or the Zoning Board of Adjustment for site plan, subdivision or variance approval(s), which applications relate to land, buildings or structures within the zone district, including the historic districts, or to any buildings, structures, sites or objects designated as historic landmarks pursuant to this article, an applicant shall also submit a copy of such application to the Historic Preservation Commission for review pursuant to N.J.S.A. 40:55D-110. Such an application shall solely pertain to the proposed development review.
B. 
The application shall be scheduled for review by the Historic Preservation Review Commission at its next regularly scheduled meeting. Upon completion of its review, the Commission shall forward a report of its findings to either the Planning Board or the Zoning Board of Adjustment, as the case may be, recommending an approval (with or without conditions) or recommending denial. The recommendations shall be in the form of a written report conveyed to the appropriate board. The report shall also set forth the reasons for the specific recommendations based upon the criteria contained in this article and also the guidelines of the Secretary of the Interior. The Historic Preservation Commission shall provide its advice through the Commission's delegation of one of its members or staff to testify orally at the hearing on the application and to explain any technical comments or recommendations as outlined in the written report.
C. 
The Commission's recommendations shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance, guided by the documents submitted by the applicant, the standards and design criteria for review of applications established in this article, and the guidelines of the Secretary of the Interior. Neither the Planning Board nor the Zoning Board of Adjustment shall take action on any development application request affecting an historic landmark or an improvement with a designated historic district without first reviewing and considering the Commission's recommendations. In considering the Commission's recommendations, the Planning Board or the Zoning Board of Adjustment shall also be guided by the review criteria established by this article.
A. 
Within 45 days of a submission of an administratively complete application for a certificate of appropriateness, the Historic Preservation Commission shall report to the Planning Board, summarizing its actions relative to the application. Its report may recommend issuance of the certificate of appropriateness (with or without conditions) or may recommend denial of the certificate of appropriateness. Failure to report within the forty-five-day period, or any extended time limit agreed upon jointly by the Commission and the applicant, shall be deemed to be constituted as a report to the Planning Board in favor of issuance of the certificate of appropriateness and without the recommendations of conditions to the certificate of appropriateness.
B. 
A certificate of appropriateness which permits new construction, demolition, relocation, alteration, additions, nonordinary repairs or replacements affecting an historic landmark shall be conditioned upon the appropriate treatment of the resources.
C. 
The work authorized by the certificate of appropriateness must be initiated within one year from the date that the certificate is granted. If a construction permit is required for such work, the certificate of appropriateness shall be valid for the life of the construction permit and any extensions thereof. For the purposes of this section, a certificate of appropriateness shall be deemed invalid if the work ceases for a period of six months after commencement of work. Reasonable extensions may be granted based upon appropriate persuasive evidence.
D. 
An applicant for a certificate of appropriateness who is dissatisfied with the actions of the administrative officer in denying the certificate of appropriateness or in issuing the certificate of appropriateness with objectionable conditions may appeal that action to the Borough Zoning Board of Adjustment within 30 days from the date of the administrative officer's written decision. This right of appeal is limited to the applicant only.
A. 
In the event that any person shall undertake or cause to be undertaken any exterior work on an individually designated historic landmark or improvement or an historic landmark or improvement within a designated historic district for which a certificate of appropriateness is required without first having obtained such a certificate of appropriateness, such person(s) shall be deemed to be in violation of this article and shall be subject to the fines and penalties as provided by law in the Code of the Borough of Westwood for violation of local ordinances, subject to the following:
(1) 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.
(2) 
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this article. Each separate day that the violation exists shall be deemed to be a new and separate violation.
(3) 
The penalty for violation shall be as follows:
(a) 
For each day, up to 10 days: not more than $100 per day.
(b) 
For each day, 11 to 25 days: not more than $125 per day.
(c) 
For every day after 25 days: not more than $150 per day, up to a maximum of $5,000.
(4) 
In the event that any action which would permanently adversely change the landmark or historic district, such as demolition or removal, is about to occur without a construction permit having been issued, the Zoning Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any historic landmark, historic landmark site or improvement within an historic district.
A. 
Nothing contained within this article shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulations.
B. 
In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C. 
These ordinance requirements should not be viewed as requiring or prohibiting the use of any particular architectural style, rather, the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near an historic building, structure, object or site should not necessarily duplicate the style, rather, it should be compatible with and not detract from the building, structure, site, object, neighborhood and its environment.