Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Caldwell 11-17-2015 by Ord. No. 1313-15.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 26.
Officers and employees — See Ch. 31.
Subdivision and site plan review — See Ch. 210.
Zoning — See Ch. 250.
[1]
Editor's Note: This ordinance also repealed former Ch. 130, Historic Preservation, adopted 5-24-2011 by Ord. No. 1233-11.
The purpose of this chapter is to provide a method by which to locate and identify historic districts, historical structures and landmarks within the Borough of Caldwell and to regulate the repair, alteration, replacement, removal and demolition of historical structures and to otherwise prevent the abuse, loss, removal and destruction of historical structures and landmarks within the community by reason of neglect, improper repair and alteration and development; to thereby preserve the historical, cultural, architectural and social heritage of the community; and to thereby foster civic pride and the economic, social and educational well-being of the community.
A. 
It is the intention of the Caldwell governing body to maintain an agency to assist in the identification of historic districts, historical structures and landmarks within the municipality and to create a system by which to administer regulations designed to preserve and regulate such historic districts, historical structures or landmarks based upon a rational plan and objective which will complement existing land use legislation.
B. 
Nothing herein contained 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 statute or municipal ordinance or regulation.
C. 
In the event of any inconsistency, ambiguity or overlapping of requirements between this chapter and any other requirement enforced by the municipality, the more restrictive ordinance or requirement shall apply, to the extent that state or federal legislation permits.
D. 
This chapter should not be viewed as requiring or prohibiting the use of any particular architectural style. Instead, the intention of this chapter is to preserve the past by making the past compatible with the present.
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
The construction of a new improvement as part of an existing improvement when such improvement changes the exterior appearance of any landmark.
ALTERATION
Any work done on any improvement which is not an addition to the improvement and which changes the appearance of the exterior surface of any improvement.
DEMOLITION
The razing of any improvement or the obliteration of any natural feature of a landmark.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.
IMPROVEMENT
Any structure or part thereof constructed or installed upon any real property by human endeavor and intended to be kept at the location of such construction or installation for a period of at least 60 days.
LANDMARK
Any historic structure or site which has been designated by ordinance pursuant to N.J.S.A. 40:55D-65.1 or which has been identified in any component of the Master Plan. As used in this chapter, "landmark" may be substituted for "historic," "historic preservation" and "historic site."
MAJOR APPLICATION
Any application for a permit required by this chapter which involves demolition or removal of a landmark, addition to a landmark, or modification to a landmark which will substantially affect the characteristics of the landmark.
MINOR APPLICATION
Any application for a permit required under this chapter which does not involve demolition or removal of a landmark, addition to a landmark or modification to a landmark.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
REPAIR
Any work performed on an improvement which is not an addition to the improvement and which does not change the appearance of the exterior surface of the improvement.
REPLACEMENT
A repair or reconstruction to any improvement for which a building permit ordinarily is required.
STRUCTURE
Any improvement, including but not limited to all buildings.
A. 
There is hereby established a Historic Preservation Commission which shall consist of five regular members and two alternate members.
B. 
Membership on the Commission shall include one member designated as a Class A member, who shall be a person who is knowledgeable in building design and construction or architectural history and who may reside outside of the municipality; and one member designated as a Class B member, who shall be a person who is knowledgeable of or has a demonstrated interest in local history and who may reside outside the municipality. Regular members who are not designated as Class A or Class B members shall be designated as Class C members and shall be citizens of the municipality and 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.
C. 
Appointment; terms.
(1) 
Regular members and alternate members shall be appointed by the Mayor. At the time of the appointment, the Mayor shall designate the members by class and the alternates as "Alternate No. 1" and "Alternate No. 2."
(2) 
The terms for regular members shall be four years.
(3) 
Alternate members shall serve for terms of two years.
(4) 
A vacancy in the term of any regular or alternate member occurring otherwise than by expiration of a term shall be filled for the unexpired term only.
(5) 
Despite any other provision contained herein, the term of any member common to the Commission and to the Planning Board shall be for the term of the membership on the Planning Board, and the term of any member common to the Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
D. 
The Commission shall elect a Chairman and Vice Chairman from its members and shall select a Secretary who may or may not be a member of the Commission or a municipal employee.
E. 
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.
F. 
No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
G. 
A member of the Commission may, after public hearing if public hearing is requested by such member, be removed by the Borough governing body for cause.
H. 
Responsibilities. The Commission shall have the responsibility to:
(1) 
Prepare a survey of the historic sites of the municipality, pursuant to criteria identified in the survey report.
(2) 
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
(3) 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
(4) 
Advise the Planning Board and the Board of Adjustment on applications for development, pursuant to N.J.S.A. 40:55D-110.
(5) 
Provide written reports, pursuant to N.J.S.A. 40:55D-111, on the application of the Zoning Chapter provisions concerning historic preservation.
(6) 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.
A. 
The governing body shall make provision in its budget and appropriate funds for the Historic Preservation Commission.
B. 
The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the governing body, unless the governing body, by appropriation, provides for separate legal counsel for the Commission. Expenditures by the Commission shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
A. 
The Planning Board and Board of Adjustment shall refer to the Historic Preservation Commission every application for development submitted to either Board for development of any property within an historic district, a landmark designated on the Zoning Map or the Official Map or identified in any component of the Master Plan, in accordance with N.J.S.A. 40:55D-110.
B. 
In addition to such other permits that might be required by other applicable ordinances of the Borough, a permit shall be required before any of the following activities are commenced on any property within an historic district or any property that has been designated by ordinance as a historic site or having upon it an historic structure:
(1) 
Demolition of any building or structure within an historic district or demolition of an historic structure or landmark.
(2) 
Relocation of any historic structure or landmark.
(3) 
Change in the exterior appearance of any building within an historic district, or of any existing historic structure or landmark.
(4) 
Changes in or addition of new signs or exterior lighting, except that no permit shall be required for one unlighted sign per premises if the surface area of such sign does not exceed one square foot for an identification sign or four square feet for a commercial sign, provided that such sign is attached to and parallel to the facade of the building or structure.
(5) 
Any new construction of a principal or accessory structure.
C. 
Exceptions.
(1) 
A permit shall not be required if the proposed change to the historical structure or landmark was approved by the Planning Board or the Board of Adjustment in connection with an application for development, pursuant to N.J.S.A. 40:55D-1 et seq. and The Planning Board or Board of Adjustment, as the case may be, had referred the application for development pursuant to Subsection A of this § 130-7.
(2) 
A permit shall not be required for any repainting of the same color, repair or exact replacement of any existing improvement. In the event that the color or exterior surface material of the improvement shall be changed as a result of such repainting, repair or exact replacement, a permit shall not be required if the new color or exterior surface is one that has been previously approved by regulation duly promulgated by the Commission for similar improvements.
D. 
Application for a permit pursuant to this chapter shall be filed with the Borough Construction Code Official on a form to be supplied by the Borough. At the time of filing, the applicant shall pay an application fee in the amount set forth in Chapter A270, Fees, of the Caldwell Code.
E. 
The Construction Code Official shall review the application with the administrative officer and shall classify the application as a minor application or a major application as defined in this chapter.
F. 
Minor applications.
(1) 
If the permit application has been classified by the administrative officer and the Construction Code Official as a minor application, the Construction Code Official shall refer such application to the Commission for its report and its recommendation. In such instance, in accordance with N.J.S.A. 40:55D-111, the Commission Chairperson may act in the place of the full Commission.
(2) 
The Commission shall report to the Construction Code Official within 45 days from the date such application was referred to the Commission. If within the forty-five-day period the Commission 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. 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 recommendation of conditions to the permit. If the Commission recommends issuance of the permit, then the Construction Code Official shall thereupon issue the permit, and such permit shall contain such conditions as the Commission shall recommend.
G. 
Major applications.
(1) 
If the permit application has been classified as a major application, the Construction Code Official shall refer such application to the Commission for its report and its recommendation. The referral shall state that the application has been classified as a major application and that the Commission shall submit its report directly to the Planning Board.
(2) 
The Planning Board shall have the authority to review major applications for permits, to consider recommendations of the Historic Preservation Commission and to make recommendations to the Construction Code Official with regard to such applications.
(3) 
The Planning Board shall report to the Construction Code Official within 45 days from the date the application was referred to the 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. 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 recommendation of conditions to the permit. If the Planning Board recommends issuance of the permit, then the Construction Code Official shall thereupon issue the permit, and such permit shall contain such conditions as the Planning Board shall recommend.
(4) 
The applicant shall be given notice of all hearings on the application and shall have the opportunity to be heard by the Planning Board on the application.
The following standards shall be considered by the Historic Preservation Commission in connection with referrals pursuant to N.J.S.A. 40:55D-110; and by the Historic Preservation Commission and Planning Board in connection with permits required by this chapter; and by the Planning Board and Board of Adjustment in connection with development applications pursuant to N.J.S.A. 40:55D-1 et seq. when the development application involves a property which has been designated by ordinance as a historic landmark or historic structure.
A. 
Demolitions. With regard to an application to demolish a structure within an historic district, or to demolish any historic structure or landmark, the following matters shall be considered:
(1) 
Its historic, architectural and aesthetic significance.
(2) 
Its use.
(3) 
Its importance to the municipality and the extent of its value to an historic district and the extent to which its historic or architectural value is such that its removal would be detrimental to the public interest.
(4) 
The extent to which it is of 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 preservation would promote the general welfare by maintaining and increasing real estate values; generating business; creating new jobs; attracting tourists, students, writers, historians, artists, artisans and new residents; encouraging study and interest in American history; stimulating interest and study in architecture and design; educating citizens in American culture and heritage; or making the municipality a more attractive and desirable place in which to live.
B. 
Removals out of the municipality. With regard to an application to move an historic structure or landmark to a location outside of the municipality, the following matters shall be considered:
(1) 
The historic loss to the site of original location.
(2) 
The compelling reasons for not retaining the landmark or structure at its present site.
(3) 
The proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.
(4) 
The probability of significant damage to the landmark or structure itself.
(5) 
The applicable matters listed in Subsection A above.
C. 
Removals within the municipality. With regard to an application to move an historic landmark or historic structure to a new location within the municipality, the Commission shall consider the compatibility, nature and character of the proposed surrounding area into which the landmark or structure will be moved as they relate to the intent and purposes of this chapter.
D. 
Consideration on other actions. With regard to an application for other approval of any proposed action as set forth in this chapter, the following matters shall be considered:
(1) 
The impact of the proposed change to the historic district and on the historic architectural character of the landmark or structure.
(2) 
The historic or architectural importance to the municipality and the extent to which such interest would be affected by the action.
(3) 
The extent to which there would he involvement of textures and material that could not be reproduced or could only be reproduced with great difficulty.
(4) 
The use of the structure.
(5) 
The extent to which the proposed action would adversely affect the view of a landmark or structure from a public street.
E. 
Visual compatibility factors. In assessing the effect of any proposed change under application for any landmark or any structure within an historic district, the following visual compatibility factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related:
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of the 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 on facades fronting on public places. The relationship of solids to voids in such facades 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) 
Wall of continuity. Appurtenances of buildings, 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, the mass of a building in relation to open spaces, the 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.
A. 
The Historic Preservation Commission shall perform a comprehensive survey of the Borough of Caldwell to identify potential historic districts, historic landmarks and historic structures that are worthy of protection and preservation.
B. 
In evaluating and identifying historic structures and landmarks, the Historic Preservation Commission shall be generally guided by the National Register criteria. The Historic Preservation Commission may identify and recommend for designation any real property or improvement, such as a building, structure, ruins, foundation, route, trail, place or object, including but not limited to a cave, cemetery, burial ground, camp or village area or a natural object or configuration, geological formation or feature, which is of particular, historic, cultural, scenic or architectural significance to the municipality and in which the broad cultural, political, economic or social history of the nation, state, or municipality is reflected or exemplified; or is identified with historical personages or with important events within the main current of national, state or local history; or shows evidence of habitation, activity, or the culture of prehistoric man; or embodies a distinguishing characteristic or an architectural type valued as representative of a period or a style or method of construction; or presents a work of a builder, designer, artist or architect whose individual style significantly influenced the architectural history of the municipality; or is imbued with traditional or legendary lore.
C. 
The Historic Preservation Commission may initiate the identification of a potential historic district, historic structure or historic landmark. Others wishing to nominate a district, structure or landmark for identification may contact the Historic Preservation Commission regarding consideration of the proposed historic district, landmark or structure. The Historic Preservation Commission shall have the power to establish and publish formal nomination procedures.
D. 
The Historic Preservation Commission shall schedule a public hearing to consider the identification of any potential historic district, landmark, historic structure or historic site. Such hearing shall be on at least 10 days' written notice, by certified mail, return receipt requested, to the owner of property which is being considered for identification. At the hearing, the Historic Preservation Commission shall consider the comments and questions of the owner of such property or properties and of any interested parties and comments of the public, along with other relevant testimony, exhibits, or other physical evidence which addresses the worthiness of such property for identification as set forth herein.
E. 
During the course of the public hearing or hearings on the identification of a potential historic district, landmark, historic structure or historic site, the Historic Preservation Commission shall make written request of the owners of all properties within a proposed historic district and of the owner of any such other property being considered for identification as a landmark, historic structure or historic site for such owner's or owners' written consent to the creation by ordinance of an historic district or the designation of any property by ordinance as a landmark, historic structure or historic site.
F. 
At the conclusion of the public hearing on the identification of a potential landmark, the Historic Preservation Commission shall make its recommendation in the form of a written report to be adopted by resolution of the Commission.
G. 
If the Historic Preservation Commission shall determine that an historic district should be created or that a property is worthy of landmark identification, then the Historic Preservation Commission shall forward its recommendation to the Borough Planning Board.
H. 
If the owner of a property within a proposed historic district or a property which has been identified as a potential landmark or historic structure or historic site by the Historic Preservation Commission has consented in writing to the creation of such historic district or the designation of such historic property as a landmark, or historic structure or historic site, then the Historic Preservation Commission shall forward its recommendation and the written consent of the owner of such property to the Borough Mayor and Council. Upon receipt of consent and the recommendation of the Historic Preservation Commission to create an historic district or to designate any property as a landmark, historic structure or historic site, the Mayor and Council may consider such designation by ordinance pursuant to N.J.S.A. 40:55D-65.1.
I. 
The properties and districts set forth at the conclusion of this chapter, as amended from time to time are, or will be, designated as "Historic" and shall be portrayed as such on the Borough Zoning Map. In addition, the Borough Tax Assessor, Tax Collector and Construction Code Official shall identify all such properties and districts as "Historic," "Historic Landmark" or "Historic Structure" on public records maintained for such properties.
J. 
Regulation of any properties set forth at the conclusion of this chapter in accordance with this chapter shall be in addition to such designation and regulation as the Borough Zoning Ordinance (Chapter 250 of the Caldwell Code) may otherwise require.
A. 
If any person shall perform or undertake any activity upon any structure within an historic district, any landmark property or historic structure which requires a permit and such person has not first obtained a permit, then such person shall be deemed to be in violation of this chapter.
(1) 
For each day up to 10 days, not more than $25 per day.
(2) 
For each day from 11 days to 25 days, not more than $50 per day.
(3) 
For each day beyond 25 days, not more than $75 per day.
B. 
In the event that any action which is about to occur would permanently and adversely change the landmark, such as in the case of a demolition or removal, and a required permit has not been issued for such action, then the Construction Code Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction or removal of such landmark.
Despite anything contained in this chapter to the contrary, when emergency repairs are required to be made to any historical building within an historic district, or to any structure to preserve a structure's continued habitability or the health and safety of its occupants or others, the Construction Code Official shall notify the Chairperson of the Commission of such need for emergency repairs. The Commission shall make a recommendation regarding emergency repairs within 48 hours of having received such notice from the Construction Code Official and the Construction Code Official shall authorize the emergency repairs to be made consistent with the Commission's recommendations. The Construction Code Official may allow temporary repairs to preserve continued habitability or public safety prior to the Historic Preservation Commission's review when repairs are necessary for a building's occupancy or for public safety. In all circumstances, such emergency repairs shall be made to conform to the provisions of this chapter within 90 days.
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 permit under this chapter and to inform both the Secretary of the Historic Preservation Commission and the owner of such property of the need for any such permit.
A. 
If any provision of this chapter or the application thereof is held invalid for any reason, the invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision.
B. 
All ordinances and/or resolutions of the Borough of Caldwell which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.
C. 
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter.
D. 
This chapter shall take effect immediately upon final passage, approval and publication as required by law.
[Added 5-1-2018 by Ord. No. 1349-18]
The following properties shall be designated as historic sites within the Borough of Caldwell:
A. 
Block 70, Lot 1, commonly known as 21 Knollwood Terrace, with the historic name "Knollwood."
B. 
Block 56, Lot 10.01, commonly known as 268 Bloomfield Avenue, the Caldwell Public Library.