[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Editor's Note: This ordinance also repealed former Ch. 130,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:
The construction of a new improvement as part of an existing
improvement when such improvement changes the exterior appearance
of any landmark.
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.
The razing of any improvement or the obliteration of any
natural feature of a landmark.
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.
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.
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.
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."
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.
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.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
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.
A repair or reconstruction to any improvement for which a
building permit ordinarily is required.
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.
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.
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.
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:
