[Amended 12-18-2019 by Ord. No. B-191; 4-1-2020 by Ord. No. B-253]
Pursuant to Article 14A, Historic Preservation, of the Municipal
Land Use Law of the State of New Jersey, there is hereby established this Historic Preservation
chapter for the protection, enhancement and preservation of districts,
sites, buildings and structures of historic, cultural or architectural
value or interest within the City of Hoboken. It is the intent of
this chapter that the City of Hoboken will continue its support of
historic preservation efforts that have helped to improve the quality
of life of the City of Hoboken. This chapter also seeks to expand
the role that historic preservation plays in the preservation, development
and redevelopment of the City of Hoboken.
As used in this chapter, the following terms shall have the
meanings indicated:
ADDITION
The construction or placement of a new improvement as part
of an existing improvement when such new improvement changes the exterior
architectural appearance of any building or structure within a designated
historic district.
ALTERATION
Any addition, change, modification or removal, requiring
a permit, for a building, structure, object, site or landscape feature
or the service equipment thereof that affects safety, health or structure
and the addition, change or modification of which is not classified
as a minor alteration or minor repair as those terms are defined in
this section.
ALTERATION, MINOR
Any replacement or renewal of existing work, that requires
a permit, pertaining to a building, structure, object, site or landscape
feature or to parts of the service equipment thereof, with the same
or equivalent materials or equipment parts, that is made in the ordinary
course of maintenance and that does not in any way affect health,
fire or the structural safety of that building, structure, object,
site or landscape feature and which does not in any material way affect
the overall appearance of that building, structure, object, site or
landscape feature.
APPURTENANCE
Any accessory or subordinate building, object or structure
or landscape feature located on the site of an historic landmark or
in an historic district.
ARCHAEOLOGICAL
The science or study of the material remains of past lives
or activities and the physical site, location or context in which
such material remains are found, as delineated in the United States
Department of the Interior's Archaeological Resources Protection Act
of 1979.
ARCHITECTURAL
Relating or conforming to the rules of erchitecture; and
having or conceived of as having a single unified overall design,
form or structure.
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 necessary 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 section of the Code.
CERTIFICATE OF NO EFFECT
The certificate issued by the administrative officer attesting
that a proposed alteration or minor alteration within an historic
district or affecting an historic site or permanent signs proposed
for placement within an historic district or on a designated historic
site have been reviewed and found not detrimental to the historic
district or site on which the work is to be done.
CERTIFIED LOCAL GOVERNMENT PROGRAM
A program authorized by the National Historic Preservation
Act Amendments of 1980 that is designed to provide formel participation
by communities in federal and state historic preservation programs.
CLUSTER
A group of cultural resources, as defined in this section,
with compatible buildings, objects or structures geographically or
thematically relating to and reinforcing one another through design,
setting, materials, congruency, association and quality and type of
construction, engineering, work or craft.
COMPATIBLE PROPERTY
A resource in an historic district or cluster distinguished
by its scale, material, compositional treatment and other features
that provides the setting for more-important resources and adds to
the quality or character of the district or cluster.
CONSTRUCTION CODE OFFICIAL
The official, appointed by the State of New Jersey, who is
responsible for enforcing the Uniform Construction Code (UCC) within
Hoboken and also enforcing the Rehabilitation Subcode to the UCC that
permits alternate standards for the construction and alteration of
existing structures.
CONTRIBUTING PROPERTY
A resource in an historic district or cluster distinguished
by its scale, material, composition, treatment and other features
that provides the setting for more-important resources and adds to
the character of the scene, district or resource.
CRITERIA FOR EVALUATING HISTORIC PROPERTY
The significance in American history, architecture, archaeology,
engineering, and culture that is present in districts, sites, buildings,
structures, and resources that possess integrity of location, design,
setting, material, workmanship, feeling and association and:
A.
That are associated with events that have made a significant
contribution to the broad patterns of our history;
B.
That are associated with the lives of persons of historic significance
or note;
C.
That embody the distinctive characteristics of a type, period
or method of construction, or that represent the work of a master,
or that possess high artistic values, or that represent a significant
and distinguishable entity whose components may lack individual distinction;
or
D.
That have yielded, or may be likely to yield, information important
in prehistory or history.
CULTURAL
Activities or acts related to the past or present social
and material traits of a group or groups of people.
DEMOLITION
The complete or partial razing, dismantling or destruction
of any building, structure, object, site or landscape feature.
EFFECT
A change in the quality of the historical, architectural,
archaeological or cultural significance of a resource or change in
the characteristics that qualify the resource as historically important.
EFFECT, ADVERSE
A change in the quality of the historical, architectural,
archaeological or cultural significance of a resource or change in
the characteristics which qualify the resource as historically important.
FACADE
Generally, the building wall facing the street, i.e., front
wall; in the case of a corner building in which more than one wall
faces the public, the term "facade" applies to all building walls
facing the public way.
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 and officially designated as an historic
district by ordinance.
HISTORIC PRESERVATION COMMISSION
A commission of the City of Hoboken as duly established by
municipal ordinance and as such ordinance may be amended to conform
to state enabling legislation.
HISTORIC SITE
Any real property, human-made structure, natural object,
vista or configuration, or any portion or group of the foregoing,
which has been formally designated by the Mayor and City Council as
being of historical, archaeological, cultural, scenic or architectural
significance by ordinance, resolution or proclamation. An historic
site may also be called a "landmark" or "historic landmark."
INTRUSION
A building, object, site, structure or landscape feature
that detracts from a building, historic district, resource or cluster
of historical significance because of:
A.
The incompatibility of the building, object, site, structure
or landscape feature with the historic district's, resource's or cluster's
sense of time, place and historical development; or
B.
The incompatibility of the building, object, site, structure
or landscape feature in terms of scale, materials, texture or color;
or
C.
A building, object, site, structure or landscape feature whose
cultural and/or historical integrity has been irretrievably lost.
INVENTORY
A systematic listing of cultural, historical, architectural
or archaeological resources prepared by the City of Hoboken, State
of New Jersey, or federal government, or a recognized local historic
authority, following standards set forth by federal, state and/or
City laws, ordinances and/or regulations for evaluation of cultural,
historical, architectural or archaeological resources.
LANDSCAPE FEATURE
Any grade, body of water, stream, rock, plant, shrub, tree,
path, walkway, road, plaza, fountain, sculpture or other form of natural
or artificial landscaping.
MASTER PLAN
The Master Plan adopted by the Planning Board on April 28,
2004, pursuant to the New Jersey Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.), and all duly adopted amendments, modifications,
and reexaminations of the Master Plan, including but not limited to
the City of Hoboken Reexamination Report adopted by the Planning Board
on March 16, 2010.
MAYOR
The duly elected Mayor of the City of Hoboken.
MUNICIPAL LAND USE LAW ("MLUL")
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.
NONCONTRIBUTING
A building, object site or structure that neither adds to
nor detracts from an historic district's or cluster's sense of time
and place and historical development.
OBJECT
A material thing of functional, aesthetic, cultural, historical,
archaeological or scientific value that, by nature or design, may
be movable yet related to a special setting or environment.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property,
historic site or resource. 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 treatment and are prohibited; 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
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving resource, 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 act or process of making possible a compatible use for
an historic site, resource or property through repair, alterations,
and additions while preserving those portions or features that convey
its historical, cultural, or architectural values.
RELOCATION
Any change of the location of a building, object, site, structure
or landscape feature in its present setting or to another setting.
REPAIR, MINOR
Improvements to correct deficiencies resulting from normal
wear and fear that do not in any material way affect the overall appearance
of the building, structure, object, site or landscape feature.
RESOURCES
A source or collection of buildings, objects, sites, structures,
landscape features or areas that exemplify the cultural, social, economic,
political, archaeological or architectural history of the United States
of America, the Northeast Region, the State of New Jersey, and/or
the City of Hoboken.
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 the reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. See City of Hoboken Zoning Code, §
196-31, Signs and signage.
SITE
The location of a significant event, a prehistoric or historic
occupation or activity, or the location of a building, structure,
object, or landscape feature, whether standing, ruined or vanished,
where the location itself maintains historical, cultural, architectural
or archaeological value, regardless of the value of any existing structure.
STABILIZATION
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated building, object, site, structure or landscape feature
while maintaining the essential form as it exists at the time of commencement
of the stabilization.
SUBSTANTIAL ALTERATION
Alterations or repairs made to a residential structure in
order to increase its number of dwelling units to 10 or more.
SURVEY
A systematic description of the contributing and noncontributing
cultural, historical, architectural or archaeological resources within
an historic district or proposed historic district that is prepared
by the City of Hoboken, New Jersey or United States government, or
a recognized local historic authority, following standards set forth
by United States, New Jersey, and/or City of Hoboken laws, ordinances
and/or regulations for evaluation of cultural, historical, architectural
or archaeological resources.
THEMATIC GROUP
A finite group of resources related to one another in a clearly
distinguishable way by association with a single historic person,
event or development force, as one building type or use, as designed
by a single architect, as a single archaeological site form, or as
a particular set of archaeological research.
VISTA
A view through or along an avenue, street or opening that,
as a view corridor, acts to frame, highlight or accentuate a prominent
building, object, site, structure scene or panorama, or patterns of
rhythms of buildings, structures, objects, sites or landscape features,
to include views of areas at a distance.
ZONING OFFICER
The City official who also shall serve as administrative
officer of the Historic Preservation Commission.
The purpose of this chapter is to:
A. Safeguard the cultural and historical heritage of the City of Hoboken
by preserving resources that reflect elements of its archaeological,
cultural, social, economic, architectural, and historical heritage;
B. Encourage the continued use of historic sites and to facilitate their
appropriate reuse;
C. Maintain and develop a harmonious setting for the historically significant
resources, buildings, structures, sites, objects, and districts;
D. Prevent the unnecessary demolition of historic resources;
E. Encourage appropriate alterations of historic sites and improvements
within historic districts;
F. Prevent alterations and new construction which are not in keeping
with the Secretary of the Interior's Standards;
G. Protect and enhance property values;
H. Promote civic pride in, and appreciation of, Hoboken's historic resources
for the education, pleasure and welfare of its citizens; and
I. Foster beautification and private reinvestment.