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, 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.
HISTORIC DISTRICT
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.
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.
RECONSTRUCTION
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. 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.
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.
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, 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.
(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) 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.
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.