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.
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.
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.
(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.
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.
[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."