This article shall be known by and may be referred to by the
short title of the "Historic Preservation Ordinance of the Township
of Montclair."
The provisions of this article are intended to effect and accomplish
the protection, enhancement and perpetuation of especially noteworthy
examples or elements of the Township's environment in order to:
A. Safeguard the heritage of Montclair by preserving resources within
the Township which reflect elements of its cultural, social, economic
and architectural history.
B. Encourage the continued use of historic and/or noteworthy buildings,
structures, objects and sites and to facilitate their appropriate
reuse.
C. Maintain and develop an appropriate and harmonious setting for the
historic and architecturally significant buildings, structures, sites
and districts within the Township.
D. Stabilize and improve property values within the Township.
E. Foster civic pride in the history and architecture of the Township.
F. Encourage proper maintenance of and reinvestment in buildings and
structures within the Township.
G. Regulate appropriate alteration of historic sites as well as new
construction within or near historic districts to ensure compatibility
with the existing built environment and the Master Plan of the Township.
H. Discourage the unnecessary demolition or other destruction of historic
resources.
I. Further the public's knowledge of the history and development of
the Township as well as its appreciation of the Township's historic
sites.
J. Enhance the visual and aesthetic character, diversity, continuity
and interest in the Township and its neighborhoods.
K. Encourage beautification and private investment in the Township.
L. Promote the economic welfare of the Township through the preservation
of its historic sites and landscapes.
As used in this article, the following terms shall have the
meanings indicated:
ADDITION
An extension or increase in building size, floor area or
height.
ALTERATION
Any change in the exterior architectural features of any
improvement or addition.
APPLICATION
A request to the Commission made pursuant to this article
for the purposes of obtaining a certificate of appropriateness or
other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance to the Planning Board or the Zoning Board of Adjustment
of the Township for approval of a major or minor subdivision plat,
site plan, planned development, conditional use, zoning variance or
the direction of the issuance of a permit pursuant to Section 25 or
27 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
CERTIFICATE OF APPROPRIATENESS (or C/A)
That document issued by the Historic Preservation Commission
required before work commences on any landmark or any building, structure,
site or object located within a landmark district.
COMMISSION
The Historic Preservation Commission established pursuant
to the provisions of this article.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction
permits in the Township.
DEMOLITION
The partial or total razing, dismantling or destruction,
whether entirely or in significant part, of any building, structure,
object or site. "Demolition" includes the removal of a building, structure
or object from its site or the removal or destruction of the facade
or surface.
DESIGNATED PROPERTY OR DISTRICT
An individual building, structure, site, object or district
which has been designated as having historical, architectural, cultural,
aesthetic or other significance pursuant to the provisions of this
article.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required pursuant to the Municipal
Land Use Law.
DISTRICT
See "landmark district," as defined herein.
HISTORIC
Having historical, architectural, cultural, aesthetic or
other significance, as defined by the provisions of this article.
HISTORIC DISTRICT
Shall have the same meaning as "landmark district" or "district"
as defined herein.
[Added 11-18-2019 by Ord.
No. O-19-021]
HISTORIC PRESERVATION OFFICER
The officer designated by the Manager, responsible for processing preservation plans, for planning, developing, coordinating, and implementing historic, architectural and archeological preservation projects and activities, for preparing reports and recommendations in connection with permit applications, and for executing and furthering the purposes of Article
XIII. The duties of the Historic Preservation Officer may be assigned by contract to an independent individual or firm, as long as the firm designates a specific person to hold the title. The Historic Preservation Officer shall be qualified by education and experience to perform the duties set forth herein.
[Added 11-18-2019 by Ord.
No. O-19-021]
HISTORIC SITE
Any real property, man-made building or structure, natural
object or configuration of any portion or group of the foregoing,
or which is the location of a significant event or series of events,
a prehistoric or historic occupation or activity, whether public or
private, which has been designated by the Commission, the Planning
Board in the Master Plan or in a periodic general reexamination report,
or the governing body pursuant to N.J.S.A. 40:55D-65 or 40:55D-65.1,
as having historical, archeological, cultural, scenic or architectural
significance.
[Added 9-26-2023 by Ord. No. O-23-06]
IMPROVEMENT
A building or other structure or any work constituting a
man-made alteration of or addition to any site.
INTEGRITY
The authenticity of the historic identity of a building,
structure, site, object or district evidenced by the survival of the
physical characteristics that existed during its historic or prehistoric
period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this article or whose rights
to use, acquire or enjoy property under this article or under any
other law of this state or of the United States have been denied,
violated or infringed by an action or a failure to act under this
article.
INVENTORY
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
architectural, cultural, scenic or archaeological significance.
LANDMARK DISTRICT or 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.
MASTER PLAN
The Master Plan of the Township of Montclair, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
Any application for a certificate of appropriateness which:
A.
Does not involve demolition, relocation or removal of an historic
landmark or a key or contributing resource in an historic district;
B.
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district;
C.
Is a request for approval of fences, signs, awnings, lighting,
paving or streetscape work which, in the opinion of the Minor Application
Subcommittee, will not substantially affect the characteristics of
the historic landmark or the historic district; or
D.
Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection
C above.
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.
OBJECT
A material thing of functional, aesthetic, cultural, historic,
scenic or scientific value that may be, by nature or design, movable,
yet related to a specific setting or environment.
ORDINANCE
A legislative act of the governing body of a municipality
adopted in accordance with statutory requirements as to notice, publicity
and public hearing as required by law.
OWNER
Any person having a right, title or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition or other work with respect to such
property.
PERMIT
Any Township approval for exterior work to be performed on
any landmark or on any building, structure, object or site located
within a landmark district, which exterior work will be subject to
public view. Said permit shall include but not be limited to a building
permit, a demolition permit or a permit to move, convert, relocate
or remodel or to change the use or occupancy of any landmark or any
building, structure, object or site located within a landmark district.
"Permit" shall also include all exterior work to be performed on fences,
signs, porches, railings, steps, lighting and sidewalks and any other
work subject to public view which would alter the exterior appearance
of landmarks or properties located within a landmark district or their
sites.
REHABILITATION
Any repair or alteration that preserves significant historical
or architectural features.
RESTORATION
The historically accurate repair or replacement of architectural
features.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SURVEY
The survey of buildings, structures, objects, sites and districts
located within the Township of Montclair which is conducted by the
Commission for the ascertainment of their historical, architectural,
aesthetic, cultural or other significance pursuant to the provisions
of this article.
VIEW or PUBLIC VIEW
The view by the public of a building, structure, object or
site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.
The officers of the Commission shall be as follows:
A. The Commission shall elect a Chairperson and Vice Chairperson from
its members.
B. The Commission shall employ, designate or elect a person to serve
as Secretary, who need not be a member of the Commission. The Secretary
shall keep the minutes and records of all meetings and proceedings
of the Commission, including voting records, attendance, resolutions,
findings, determinations and decisions.
The Commission shall have the authority to adopt all rules and
regulations necessary to carry out its functions under the provisions
of this article, including but not limited to maintenance of records
and procedures, subject to the following:
A. No Commission member shall be permitted to act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest, as herein defined.
B. The Commission shall establish a regular schedule of meetings at
least once every month. Additional meetings may be called by the Chairperson
or Vice Chairperson as required to fulfill its obligations under this
article.
C. All Commission minutes and records shall be public records.
D. All rules and regulations adopted by the Commission shall be subject
to the approval of the Township Council.
The powers and duties of the Commission shall be as follows:
A. To survey buildings, structures, objects, sites and districts located within the Township and to research and evaluate them for their significance in accordance with the criteria established as set forth in §
347-135 of this article.
B. To maintain and expand, when appropriate, a comprehensive inventory
of such buildings, structures, objects, sites and districts which
are worthy of designation under the provisions of this article.
C. To propose to the Township Council those buildings, structures, objects,
sites and districts located within the Township which it has found
to be worthy of landmark designation and hence should be subject to
the provisions and of this article. Actual nomination to, a finding
of eligibility for or listing on the National or State Register of
Historic Places is not necessary for the provisions of this article
to take effect once a property has been designated as significant
by the Commission.
D. To nominate buildings, structures, objects, sites and districts for
inclusion in the National and/or the State of New Jersey Register
of Historic Places.
E. To make recommendations to the Planning Board and the Township Council
in the preparation and periodic updating of the historic preservation
element of the Master Plan for the Township, including but not limited
to the addition or deletion of historic sites and districts identified
in the Township's Master Plan.
F. To make recommendations to the Planning Board and the Township Council
on the historic preservation implications of any proposed or adopted
zoning or development ordinance(s) or proposed or adopted element(s)
of the Township's Master Plan.
G. To advise and assist Township officers, employees, boards and other
bodies, including those at the county, state and federal levels, on
all matters which have potential impact on the historic buildings,
structures, objects, sites or districts in the Township or on the
physical character and ambience of any portion of the Township or
region.
H. To approve or disapprove applications for certificates of appropriateness
pursuant to the provisions of this article.
I. To provide to the Planning Board written reports of all actions taken
by the Commission pursuant to the provisions of this article and which
are not governed by time requirements for notice or action herein
specified.
J. To employ, contract for and fix the compensation of such other staff and services as the Commission shall deem necessary, subject to the provisions of §
347-133 of this article.
K. To draft and/or recommend to the Township Council and the Planning
Board ordinances or amendments to existing ordinances that would resolve
any conflicts which may exist between the design standards of this
article and the building or zoning regulations of the Township.
L. To advise the Township Council and the Planning Board on the relative
merits of proposals involving the use of public funds to restore,
preserve and protect historic buildings, structures, objects and sites,
including the preparation of the long-range plans therefor; to secure
state, federal and/or other grants or assistance in support of such
projects; and to monitor such projects once underway.
M. To increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
N. To cooperate with local, county, state or national historical societies,
governmental bodies and organizations to maximize the contributions
of the Commission in accordance with the intent and purposes of historic
preservation.
O. To make information available to residents of historic buildings
or districts concerning guidelines for rehabilitation and design criteria
for new construction established under this article.
P. To seek any benefits which may be granted under the National Historic
Preservation Act, as amended, or any other state or federal legislation,
including but not limited to the benefits which flow to communities
under the certified local government program with regard to training,
grant funding and technical assistance; and, in furtherance thereof,
to take any steps necessary to assist the Township of Montclair in
the preparation and submission of any documents needed for certification
of the Township as a certified local government under said National
Historic Preservation Act.
Minor applications, as defined in this article, may be reviewed
and approved by the Minor Application Subcommittee without holding
a public hearing. The Minor Application Subcommittee shall be comprised
of a designated member of the Historic Preservation Commission, the
Director of Planning and Community Development, and the Zoning Officer.
If the Minor Application Subcommittee finds the application appropriate,
the Subcommittee may act in place of the full Commission without the
necessity of a public hearing and is authorized to issue a certificate
of appropriateness to the Construction Official for said minor work.
The Construction Official shall then authorize the applicant to proceed
and issue any required permit associated therewith. If the Minor Application
Subcommittee does not find the application appropriate, the application
shall be scheduled for a public hearing before the full Commission.
[Amended 7-9-2019 by Ord. No. O-19-020]
The Planning Board and the Board of Adjustment shall refer to
the Commission every application, submitted to either Board for development
in historic zoning districts or on historic sites designated on the
Zoning or Official Map or identified in the Historic Preservation
Element of the Master Plan except applications that involve only the
following:
B. Changes not visible to the public other than relocation or demolition.
[Added 11-18-2019 by Ord.
No. O-19-021]
A. Purpose. In addition to the purposes enumerated in §
347-127:
(1)
It is the intent of this article to preserve the integrity and
authenticity of historic structures and the character, ambience and
stability which these structures bestow on the neighborhoods and the
community. The Township's historic structures are woven into the fabric
and identity of the community. The demolition of an historic structure
is a tear in that fabric that qualitatively changes the ambience and
environment.
(2)
It is the Township Council's intent that this article provide
notice to current owners and those who in the future will own historic
structures that the Township regulates and protects its historic buildings,
including prohibiting demolition in cases where the application of
the criteria and standards set forth in this article support that
conclusion.
(3)
The Township Council recognizes that the Township's property
owners and public officials are stewards of the lands and historic
structures, committed to encouraging and managing appropriate growth
while preserving and protecting the historic and natural environment.
(4)
The jurisdiction and procedures of the Planning Board and Board
of Adjustment are intended to regulate what can be built on a particular
property, and not whether an historic structure should or should not
be demolished. As authorized by the Municipal Land Use Law, N.J.S.A.
40:55D-111, the Historic Preservation Commission has approval power
concerning historic preservation over those aspects of a development
application not determined by either land use board.
(5)
The Historic Preservation Commission is constituted by statute
with the expertise and judgment to determine the impact of the demolition
of an historic structure. It is the intention of this section to confer
the maximum authority consistent with the Municipal Land Use Law,
particularly N.J.S.A. 40:55D-111, to review and approve or disapprove
applications to demolish an historic structure.
(6)
The Township Council recognizes that many applications subject
to review because of the property location or the broad definition
of "demolition" will have little or no impact on the historic context
or character of the Township. In order to minimize the delays and
costs to both the applicant and the Township associated with such
review, this article also provides for an expedited procedure for
low-impact cases.
(7)
It is not the intent of this article to discourage contemporary
architectural expression or to encourage new construction that emulates
existing buildings of historical or architectural interest or of a
certain period or architectural style, but to preserve historic structures
and the integrity of historic districts for the purposes enumerated
in this article.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
HISTORIC BUILDING, SITE OR STRUCTURE
Includes any property historic building, site or structure
1) located in a federally, state- or locally designated historic zoning
district; or 2) located on a federally, state- or locally designated
historic site identified on the Zoning or Official Map; or 3) identified
as historic or potentially historic in the Historic Preservation Element
of the Master Plan with a documented historic survey filed with the
New Jersey State Historic Preservation Office. The Department of Planning
and Community Development shall maintain a list of properties deemed
to be have historic buildings, sites or structures, and a notation
to that effect added to the property record in the Tax Assessor’s
office.
[Amended 9-26-2023 by Ord. No. O-23-06]
PARTIAL DEMOLITION and PARTIALLY DEMOLISHED
Any razing, dismantling, destruction, removal, or demolition
of less than 50% of the total building, site or structure as calculated
by the surface area of any visible facade, exterior wall and/or architectural
element, including removal of a building, site or structure, which
may or may not include the foundation.
[Added 9-26-2023 by Ord. No. O-23-06]
TOTAL DEMOLITION and TOTALLY DEMOLISHED
This section shall be applicable to the razing, dismantling, destruction, removal, or demolition (collectively referred to as “demolition”) of all or substantially all of any historic building, site or structure, including any publicly visible facade, including removal of a building, site or structure from its site, which may or may not include the foundation. "Total demolition," which is subject to this section, is to be distinguished from "demolition" as defined at §
347-128, which is a broader category that includes total demolition. "Substantially all" of a building, site or structure means at least 50% of the exterior walls or publicly visible facade wall, as measured by the exterior surface area of the building, site or structure. Any demolition (partial or total) proposed within five years of a previous demolition permit issuance for the same property will be considered cumulatively with respect to the percentage of exterior walls or facade demolished or removed when determining whether total demolition is sought.
[Amended 9-26-2023 by Ord. No. O-23-06]
TOTAL DEMOLITION PERMIT
A separate permit distinct from a construction or building
permit issued by the Construction Official, specific to enforcement
of the Montclair Code zoning provisions concerning historic preservation.
C. Notice to property owners. No later than 90 days after the effective date of this section, and no later than 90 days after this section becomes newly applicable to a property by way of a documented historic survey being filed with the New Jersey State Historic Preservation Office, adoption of an ordinance by the Township Council designating a new individual landmark property or district, or otherwise, the Township shall notify the owner of each property that as of said date is or contains an historic building, site or structure as defined in §
347-142.1B that said property is subject to the requirements of this section. Notice may be provided by regular mail to the last-known address of the owner of record as found on the Tax Assessor's records. Failure to receive notice shall not relieve the property from compliance with the provisions hereof.
[Amended 9-26-2023 by Ord. No. O-23-06]
D. Permits for total demolition or removal of historic buildings, sites
or structures.
[Amended 9-26-2023 by Ord. No. O-23-06]
(1)
No historic structure shall be totally demolished unless a total
demolition permit has been issued as provided in this article. This
article is applicable regardless of whether a demolition permit issued
by the Construction Official is required.
(2)
This article applies to all historic structures, including those
that would be totally demolished in connection with a development
application to the Zoning Board or Planning Board.
(3)
No permit shall be issued by the Construction Official to totally
demolish an historic structure unless the proposed total demolition
is approved by the administrative officer. Applications to the Building
Department to totally demolish an historic structure shall be referred
by the administrative officer to the Historic Preservation Commission
for review and approval prior to the issuance of a total demolition
permit.
(4)
A permit to totally demolish an historic structure where a development
application has been filed with the Planning Board or Zoning Board
of Adjustment shall not be issued during the pendency of the development
application or thereafter unless approved pursuant to the requirements
of this article. In the event that the development application is
denied, withdrawn or terminated for any reason, the total demolition
permit shall not issue until the requirements of this article have
been followed and completed.
(5)
An order issued by the Fire Official or the Construction Official
to demolish an unsafe structure is exempt from the requirements of
this article.
E. Procedure and criteria for total demolition approval.
[Amended 9-26-2023 by Ord. No. O-23-06]
(1)
Supplementary application. An application, or supplementary
application, as the case may be, for approval to totally demolish
or remove an historic building, site or structure shall be completed
and submitted on a form authorized by the Department of Planning and
Community Development in cases where:
(a)
An application for a total demolition permit for an historic
building, site or structure has been submitted to the Construction
Official.
(b)
The administrative officer finds that any other permit application
to the Construction Official involves total demolition of an historic
building, site or structure as defined herein.
(c)
An application for development is filed with the Planning Board
or the Board of Adjustment that if approved would require the total
demolition or removal of an historic building, site or structure.
(2)
Required contents of application for total demolition or removal.
The application for total demolition or removal shall include:
(a)
Complete photographic record of all exterior elevations, interior
spaces, and details of all existing buildings, sites or structures
and any adjacent properties pertinent to the history of the building,
site, structure or surrounding neighborhood.
(b)
Statement of the need/purposes for the proposed total demolition
or removal.
(c)
Written documentation by a qualified historic preservation architect
or other design professional as defined by the Secretary of the Interior
of: 1) the estimated cost and timing of restoration or rehabilitation
of the building, site or structure so as to allow for its reasonable
use; 2) evidence of good-faith offers of the historic building, site
or structure for sale at a price that does not exceed its reasonable
and comparable value to purchasers willing to remove and relocate
the historic building, site or structure, at the purchaser's expense,
to another location within the Township and/or to preserve, rehabilitate
or restore the building, site or structure, and 3) the time frame
for such alternatives to take place. A reasonable and comparable price
shall be demonstrated by the applicant by providing evidence such
as recent appraisals, comparable sales of buildings similar in location,
character, and condition to the building, site or structure proposed
to be totally demolished or removed or such other evidence as the
Historic Preservation Commission determines to be a reasonable indication
of its value. At the request of the applicant, the HPC shall grant
a waiver of this requirement upon a finding of good cause, including,
but not limited to, instances the property's historic use as a non-profit
institution or charitable organization is proposed to continue on-site,
or continuous ownership since the period of significance.
(d)
Written and pictorial record of the building's, site's or structure's
history and architectural features for archival purposes, including,
without limitation, all exterior facades as a whole, a street view
with surrounding properties, pictures of all features identified in
all historical/architectural surveys of the property on file with
the Township, the dates of original construction of the building,
site or structure to be totally demolished or removed; original documents,
maps, drawings, and photographs; the square footage or dimensions
of the building or structure to be totally demolished or removed;
a brief description of the materials, configuration and use of the
existing building, site or structure; significant events and occupants
associated with the history of the building or property who are historically
significant; architectural features; and a description of the building,
site or structure through photographs, plans, and maps.
(e)
Archaeological study of the land that is the subject of the
building, site or structure before and/or during total demolition
if the property falls within the area demonstrated to have a medium
or high probability to contain archaeological resources.
(f)
Preservation or salvage of architectural elements that are proposed
for removal and photographic documentation. The Department of Planning
and Community Development will provide applicants with local service
directories of centers.
(g)
Cost estimate of the proposed total demolition or removal, categorized
by site preparation, abatement, physical demolition work, disposal
of materials and any other relevant costs.
(h)
Conceptual, design or other plans for any building or structure
proposed or planned by the applicant to replace the historic building,
site, or structure sought to be totally demolished or removed, including
a design of the replacement building or structure, and a statement
of how the replacement structure will affect the character of the
neighborhood. At the request of the applicant, the HPC shall grant
a waiver of this requirement upon a finding of good cause.
(3)
Review criteria for total demolition. With regard to applications
to totally demolish or remove an historic building, site or structure,
such application to demolish shall be granted if the applicant demonstrates
that: 1) the preservation of the historic building, site or structure
is not warranted; or 2) the preservation of the historic building,
site or structure would impose an undue burden or hardship on the
applicant.
(a)
The first element may be demonstrated by evidence that the building's,
site's or structure's historic characteristics do not warrant its
preservation, based on the following factors:
[1] Its historical, architectural, cultural and aesthetic
significance.
[2] Its use, its intended use and/or the use for which
the building, structure or site was originally designed and the feasibility
of the continuation of its designed use.
[3] Its importance to the Township and the extent to
which its historical or architectural value is such that its removal
will or will not be detrimental to the landmark district and/or to
the public interest.
[4] The extent to which it is of such age, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty
and cost.
[5] The extent to which its retention would promote
business, create new positions, attract tourists, students, writers,
historians, artists or artisans, encourage study and interest in American
history, stimulate interest and study in architecture and design,
educate citizens in American culture and heritage or make the Township
a more attractive and desirable place in which to live.
[6] The probable impact of its removal upon the character
and ambience of the landmark district.
[7] The extent to which the replacement building, site
or structure proposed would preserve or not adversely affect the character
of the neighborhood.
(b)
The second element may be demonstrated by evidence, in consideration
of the following factors, that preservation of the building or structure
or denial of the permit would impose an undue burden or hardship upon
applicant:
[1] The condition, structural soundness, and integrity
of the historic building, structure or site and the economic feasibility
of its restoration or rehabilitation so as to allow for its reasonable
use.
[2] The threat to the public health and safety as a
result of deterioration or disrepair of the historic building, structure
or site.
[3] The technological feasibility of structural rehabilitation.
[4] The interference with the charitable purposes of
any nonprofit or charitable organization if total demolition is not
permitted.
[5] Such other information and evidence regarding the
burdens upon applicant of preservation as the Historic Preservation
Commission may reasonably request in writing.
(4)
Criteria regarding removal and relocation of historic buildings, sites or structures. An application to move the building, site or structure to a new location shall be granted if the applicant demonstrates that: 1) the preservation of the historic building, site or structure is not warranted under the criteria of Subsection
E(4)(a)[1] through
[6] above; and, 2) moving the historic building, site or structure is technically feasible and would not pose a substantial negative impact to the site, the present historic district, or the proposed district of relocation.
(a)
The first part is satisfied if, upon consideration of the following
factors, the building's, site's or structure's historic characteristics
do not warrant its preservation:
[1] Its historical, architectural, cultural and aesthetic
significance.
[2] Its use, its intended use and/or the use for which
the building, structure or site was originally designed and the feasibility
of the continuation of its designed use.
[3] Its importance to the Township and the extent to
which its historical or architectural value is such that its removal
will be detrimental to the landmark district and/or to the public
interest.
[4] The extent to which it is of such age, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
[5] The extent to which its retention would promote
business, create new positions, attract tourists, students, writers,
historians, artists or artisans, encourage study and interest in American
history, stimulate interest and study in architecture and design,
educate citizens in American culture and heritage or make the Township
a more attractive and desirable place in which to live.
[6] The impact of the loss of integrity suffered as
a result of removal from the original and/or historic location; and,
if located within an historic district, the impact of that loss of
integrity upon the district as a whole.
(b)
The second part is satisfied if, upon consideration of the following
factors, moving the building, site or structure is not technically
feasible and or would not pose a substantial negative impact to the
site, the present district, or the proposed district of relocation:
[1] The condition, structural soundness, and integrity
of the building, site or structure and the economic feasibility of
its restoration or rehabilitation so as to allow for its reasonable
use at another site in the Township.
[2] The interference with the charitable purposes of
any nonprofit or charitable organization if relocation is not permitted.
[3] The compatibility, nature and character of the
areas adjacent to both the present location and the proposed location
as they relate to the protection of historic properties and districts
as regulated by this article.
[4] In the event that a proposed new location is in an historic district, the impact on the visual compatibility of adjacent buildings, structures or sites as set forth in §
347-137C(1) through
(12), inclusive.
[5] The likelihood of significant damage to the physical
integrity of the building, site or structure itself.
F. Review.
(1)
The Historic Preservation Commission shall review the application for total demolition according to the standards set forth in §
347-137A and §
347-142.1D(2) and
(3), and the standards set forth in 36 CFR 60.4, entitled "Criteria for Evaluation" as promulgated by the U.S. Secretary of the Interior, which is adopted and incorporated by reference herein.
(2)
The Historic Preservation Commission may delegate the review
of the total demolition application to the Historic Preservation Officer,
provided that the Commission by resolution shall adopt or otherwise
act upon the Officer's report at a public hearing.
(3)
The Historic Preservation Commission shall report and certify
its conclusion to the administrative officer as to whether the subject
building or structure possesses cultural, historical or architectural
significance which merits its preservation. The Historic Preservation
Commission shall present its certification in a written report within
45 days of receipt of a complete application for total demolition.
The report shall include, but shall not be limited to:
[Amended 9-26-2023 by Ord. No. O-23-06]
(a)
A description of the age (noting if the building, site or structure
was constructed more than 50 years ago), architectural style, historical
associations and significance of the building, site or structure.
(b)
Certification that the building, site or structure is historic
as defined in this chapter.
(c)
Certification as to whether the building, site or structure
is associated with events that have made a significant contribution
to the broad patterns of our local, state, and/or national history.
(d)
Certification as to whether the building, site or structure
was associated with the life of a person who made a significant contribution
to local, state and/or national history.
(e)
Certification as whether the building, site or structure embodies
the distinctive characteristics of a type, period, or method of construction,
or represents the work of a master, or possesses high artistic value,
or represents a significant and distinguishable entity whose components
may lack individual distinction, most especially if no other, or very
few, buildings with the same association have survived.
(f)
Certification as to whether the building, site or structure
has yielded, or may be reasonably likely to yield, information important
in prehistory or history.
(g)
Certification as to whether the building, site or structure
maintains integrity of:
[1] Location: the place where the historic property
was constructed or the place where the historic event occurred; and/or
[2] Design: the combination of elements that create
the form, plan, space, structure, and style of a property; and/or
[3] Setting: the physical environment of an historic
property; and/or
[4] Materials: the physical elements that were combined
or deposited during a particular period of time and in a particular
pattern or configuration to form an historic property; and/or
[5] Workmanship: the physical evidence of the crafts
of a particular culture or people during any given period in history
or prehistory; and/or
[6] Experience: the property's expression of the historic
sense of a particular period of time; and/or
[7] Association: the property's direct link between
an important historic event or person and an historic property.
(4) The applicant is required to arrange site access to for the Township
and the Township’s contracted professional consultants, and
reviewing commission members as needed in order to complete a complete
review as outlined in this section.
[Added 9-26-2023 by Ord. No. O-23-06]
G. Low-impact applications - expedited process.
(1)
If an application meets the criteria for review under this article
but, in the opinion of the Historic Preservation Officer following
a review of the historic survey for the property, can be granted without
a significant adverse impact on the objectives of historic preservation
or on any building, site or structure expressly mentioned or discussed
in the historic survey, the Historic Preservation Officer may approve
the application.
[Amended 9-26-2023 by Ord. No. O-23-06]
(2)
If the application is approved by means of this expedited process,
the Historic Preservation Officer shall report such approval to the
administrative officer.
(3)
The applicant may seek a determination as to whether the application
is low-impact by submitting one or more current photographs and basic
information about the property on a form provided by the Historic
Preservation Officer. If the application is found to be low-impact,
no further submission will be required.
H. Findings and decision.
(1)
If, after the consideration of the standards and criteria set
forth above, the Historic Preservation Commission concludes that the
building or structure possesses no cultural, historical or architectural
significance which would merit its preservation, or if the Historic
Preservation Commission fails to file its findings with the administrative
officer within 45 days of referral, the administrative officer shall
approve and the Construction Official may issue a total demolition
permit.
(2)
If, after the consideration of the standards and criteria set
forth above, the Historic Preservation Commission concludes that the
subject building and/or structure possesses sufficient cultural, historical
or architectural significance which merits its preservation, and the
Historic Preservation Commission files its report within the required
forty-five-day period, containing its findings and recommendation
against the issuance of the total demolition permit or recommendation
that the total demolition permit be issued with conditions, then the
administrative officer shall deny issuance of the permit or include
the conditions in the permit, as the case may be.
(3)
In cases where the approval of a development application by
the Zoning Board or Planning Board would result in the total demolition
of an historic structure, issuance of a total demolition permit pursuant
to this article shall be included as a condition in the Board's resolution
of approval.
(4)
The applicant for a total demolition permit may appeal the administrative
officer's decision to the Zoning Board pursuant to N.J.S.A. 40:55D-70
and 40:55D-70.2. The Historic Preservation Commission, by one or more
authorized representatives, shall appear at the appeal hearing and
provide testimony as to the basis for the disapproval. Any person
aggrieved by the decision of the Zoning Board may appeal to a court
of competent jurisdiction as permitted by applicable law.
(5)
In cases of an appeal of the administrative officer's denial
of a total demolition permit or imposition of conditions thereon,
the Zoning Board may, in its discretion, hear the appeal together
with the development application.
I. Notice
of hearing
[Added 9-26-2023 by Ord. No. O-23-06]
(1)
The applicant for total demolition or for removal and relocation
of an historic building, site or structure shall give notice of the
date, time and location of the public hearing during which the application
is to be heard as follows:
(a)
Public notice shall be given by publication in the official
newspaper of the municipality at least 10 days' prior to the date
of the hearing.
(b)
Notice shall be given to the owners of all real property as
shown on the current tax duplicates located within 200 feet in all
directions of the property which is the subject of such hearing and
all adjoining property which is under common ownership and whether
located within or without this municipality. Such notice shall be
given by serving a copy thereof on the owner as shown on said current
tax duplicate or his or her agent in charge of the property or by
mailing a copy thereof by certified mail to the property owner at
his or her address as shown on said current tax duplicate. A return
receipt is not required. Notice to a partnership owner may be made
by service upon any partner. Notice to a corporate owner may be made
by service upon its President, a Vice President, Secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a limited-liability company may be made
by service upon any member thereof. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas. The requirement of service shall be satisfied by
notice to the condominium association, in the case of any unit owner
whose unit is above or below it, or horizontal property regime, in
the case of any co-owner whose apartment has an apartment above or
below it.
It shall be the duty of all municipal officials of the Township
of Montclair 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 and, if it should be, to inform the Secretary of the Commission,
the administrative officer and the applicant of the same.
This article shall be liberally construed in order to affect
the purposes set forth herein. In the event that this article conflicts
with state law, state law shall take precedence.