[Added 10-31-2013 by Ord.
No. 6-13; amended 2-21-2017 by Ord. No. 2017-02]
The purpose of this article is to provide a method by which
to locate, identify and designate historical landmarks within the
Township of Verona and to regulate the repair, alteration, replacement,
removal and demolition of historical landmarks, to prevent the loss
and destruction of historical landmarks by neglect, improper restoration,
alteration and development and to preserve historical landmarks and
thereby preserve the historical, cultural, and architectural heritage
of the Township of Verona and to thereby foster civic pride and the
well being of the community.
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 Manager. At the time of the appointment, the Manager shall designate
the members by class and the alternates as "Alternate No. 1" and "Alternate
No. 2."
(2)
The term for a regular member shall be for four years and the
term of an alternate member
(3)
Shall be for 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.
(6)
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.
(7)
Alternate members may participate in 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 only one alternate
number may vote, alternate number one shall have priority to vote
over alternate number two.
(8)
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.
(9)
A member of the Commission may, after public hearing, if public
hearing is requested by such member, be removed by the Township governing
body for cause.
D.
Authority and responsibility. 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 to 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 provisions of this chapter concerning historic
preservation.
(6)
Make recommendations to the governing body of sites to be designated
as historic under this section.
(7)
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the municipality.
(8)
Conduct research on and, if appropriate, nominate additional
significant resources to the State and National Register of Historic
Places.
A.
The Manager shall make provision in his 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, Planning Board Attorney or Zoning Board
Attorney, as determined by the Manager, at the rate of compensation
determined by the governing body. Expenditures by the Commission shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
[Amended 2-21-2017 by Ord. No. 2017-02]
A.
The Historic Preservation Commission shall meet a minimum of once
per quarter. Regular meetings shall be held as scheduled unless canceled
for lack of a quorum, lack of applications to process or for other
good reason(s). Additional special meetings may be called by the Chairman
or Vice Chairman, or on the request of any two of its members, when
the regular meetings are inadequate to meet the needs of its business,
to handle emergencies or to meet time constraints imposed by law.
B.
The Historic Preservation Commission shall hold public hearings to
review all applications for certificates of appropriateness, referrals
of development applications and other business which comes before
the commission.
C.
The presence of three members, at least two of which must be Class
C members, which may include alternate members filling the vacancies
of regular members, shall constitute a quorum. Liaison person(s) are
not entitled to vote and shall not be counted towards achieving a
quorum. A majority vote of those present and voting shall prevail,
and shall be sufficient to grant or deny a certificate of appropriateness.
Not less than a majority of the appointed membership shall be required
to grant or change an historic landmark or historic district designation
or to grant approval for demolition.
The Planning Board and Board of Adjustment shall, when an application
before it that pertains to property in an historic zoning district
or on a landmark designated on the Zoning Map or on the Official Map
or identified in any component of the Master Plan, is deemed complete
or is scheduled for a hearing, whichever is sooner, refer such application
to the Historic Preservation Commission in accordance with N.J.S.A.
40:55D-110.
A.
A certificate of appropriateness shall be required before any permit
or other authority is issued on any property which has been designated
by ordinance as a landmark or as being within an historic district
allowing:
(1)
Demolition of an historic landmark or demolition of any improvement
within an historic district.
(2)
Relocation of any historic landmark or relocation of any improvement
within an historic district.
(3)
Change of the exterior appearance of any existing landmark or
of any improvement within any historic district by addition, alteration
or replacement.
(4)
Change or addition of new signs or exterior lighting on any
historic landmark or within an historic district. Despite the foregoing
no certificate of appropriateness 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 façade of the building or structure.
(5)
Any new construction of a principal or accessory structure within
an historical district.
B.
When review not required. A certificate of appropriateness shall
not be required in the following circumstances:
(1)
If the proposed change to the landmark or to the property within
an historic district was approved by the Planning Board or the Board
of Adjustment in connection with an application prior to the passage
of this chapter.
(2)
Exterior repair or exact replacement of any existing exterior
improvement. In the event that the color or exterior surface material
of the improvement shall be changed as a result of painting, 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 in that district.
(3)
Changes to interiors.
(4)
Changes not in the public view, other than relocation or demolition.
(5)
Repair of existing windows and doors, using the same material.
(6)
Installation of storm windows that are compatible with the architectural
period or design of the subject structure.
(7)
Maintenance and repair of existing roof material, involving
no change in design, scale, material, or appearance of the structure.
(8)
Repair of existing roof structure, such as cupolas, dormers,
chimneys using the same materials, which will not alter the exterior
architectural appearance of the structure.
(9)
Replacement, in kind, of existing shingles, clapboards or other
siding, using the same materials that are being repaired or maintained.
(10)
Repairs using the same material as existing to signs, shutters,
outdoor displays, fences, hedges, street furniture, awnings, off-street
driveway and parking materials and sidewalks.
C.
Application for a certificate of appropriateness pursuant to this
chapter shall be filed with the Commission on a form to be supplied
by the Township Clerk. There shall be an application fee in the amount
set forth in the Township Code.
D.
The Commission shall submit a report of its findings to the Construction
Code Official within 45 days from the date such application was referred
by 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 issuing conditions to the permit, the Construction
Code Official shall deny issuance of the permit or include conditions,
as the case may be. Failure of the Commission to report its findings
within 45 days shall be deemed to constitute a report in favor of
issuance of the permit and without recommendations of conditions to
the permit.
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 and/or certificates as 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 a development application involves a property which has
been designated by ordinance as a landmark or as being located within
an historic district:
A.
Demolitions. The following matters shall be considered when an application
is made to demolish an historic landmark or to make an improvement
within an historic district:
(1)
The structure or landmark's historic, architectural and aesthetic
significance.
(2)
The structure or landmark's current and potential use and whether
such use is permitted by the zoning ordinance.
(3)
The probable impact of the structure or landmark's removal upon
the ambiance of the historic district.
(4)
The structural soundness and integrity of the building, structure,
site, object, or improvement and the economic feasibility of restoring
or rehabilitating same.
(5)
The structure's importance to the municipality and the extent
to which its historic or architectural value is such that its demolition
would be detrimental to the public interest.
(6)
The extent to which the structure 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.
(7)
The extent to which preservation of the structure would generate
business, create new jobs, attract tourists, students, writers, historians,
artists, and new residents or promote the general welfare by maintaining
and increasing real estate values, 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.
(8)
If a structure is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
B.
Relocation.
(1)
If an application is made to move an historic landmark or any structure in an historic district to a new location within the municipality, the following matters, in addition to those factors set forth in Subsection A of this section, shall be considered:
(a)
The probability of significant damage to the landmark or structure
itself.
(b)
The historic loss to the site of original location.
(c)
The compelling reasons for not retaining the landmark or structure
at its present site.
(d)
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 article.
(e)
If the proposed new location is within an historic district,
the visual compatibility factors as set forth in this article.
(2)
If an application is made to move an historic landmark to a location outside of the municipality, in addition to the matters set forth in Subsections A and B of this section, the Commission shall consider the proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.
C.
Modifications.
(1)
The following matters shall be considered if an application
is made to alter, modify or otherwise change an historical structure
or landmark:
(a)
The impact of the proposed alteration, modification or change
on the historic and architectural character of the landmark or structure
in an historic district.
(b)
The historic or architectural importance to the municipality
and the extent to which such interest would be affected by the proposed
action.
(c)
The extent to which textures and materials could not be reproduced
and the hardship to the applicant of reproducing such textures or
obtaining such materials.
(d)
The use of the structure.
(e)
The extent to which the proposed action would adversely affect
the view from a public street, of a landmark or structure within an
historic district.
(f)
If the application deals with a structure within an historic
district, the impact that the proposed change would have on the character
and ambience of the historic district and the structure's visual compatibility
with the buildings, places and structures to which it would be visually
related.
(2)
Visual compatibility factors. In assessing the effect of any
proposed change under application for any landmark, the following
visual compatibility factors and standards shall be used to analyze
the effect that the proposed change would have on the landmark and
on those structures to which the landmark is visually related:
(a)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(b)
Proportion of the building's front façade. 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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the façade and roof of a
building shall be visually compatible with the predominant materials
used in the buildings to which it is visually related.
(h)
Roof shapes. The roof shape of a building shall be visually
compatible with buildings to which it is visually related.
(i)
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.
(j)
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.
(k)
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 Township of Verona to identify potential historic sites,
historic districts and landmarks that are worthy of protection and
preservation upon the effective date of this chapter. Thereafter,
the Commission shall perform a comprehensive survey no less than every
10 years.
B.
In evaluating and identifying landmarks and historic districts, 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 shall, after completing the comprehensive survey as set forth in Subsection A herein, determine whether to initiate the process to designate a landmark or district as historic.
D.
The Historic Preservation Commission shall schedule a public hearing
to consider the designation of any potential landmark or historic
district. Such hearing shall be on at least 30 days, written notice,
by certified mail, return receipt requested and by regular mail to
the owner of property which is being considered for designation, and
when an historic district is being considered for designation, to
all owners of property within said district and within 200 feet of
said district, by certified mail. At the hearing, the Historic Preservation
Commission shall consider the comments and questions of the owner
or owners of such property to be effected, of interested parties,
and comments of the public, along with other relevant testimony, exhibits
or other physical evidence which in the Commission's determination,
is relevant to the issues then before the Commission.
E.
At the conclusion of the public hearing on the designation of a potential
landmark, the Historic Preservation Commission shall make its recommendation
in the form of a written report. The Commission shall memorialize
its findings by resolution.
[Amended 2-21-2017 by Ord. No. 2017-02]
F.
If the Historic Preservation Commission shall determine that a property
or district is worthy of landmark designation, then the Historic Preservation
Commission shall forward its recommendation to the Planning Board
and the Planning Board shall note the designation on its records.
G.
In the event that the Commission determines that a structure warrants
landmark designation, the Commission shall make written request of
the owner of such structure for such owner's written consent to the
designation of such property as a landmark.
H.
In the event that the Commission determines that an area warrants
designation as an historical district, the Commission shall make written
request of all property owners within such area for written consent
for the owner's property to be included as part of an historical district.
I.
If the owner of a property which has been identified as a potential
landmark by the Historic Preservation Commission has consented to
the designation of such property as a landmark, then the Historic
Preservation Commission shall forward its recommendation and the written
consent of the owner of such property to the Township Council and
Planning Board. Upon receipt of consent and the recommendation of
the Historic Preservation Commission, the Township Council may consider
such property for designation as a landmark by ordinance pursuant
to N.J.S.A. 40:55D-65.1.
J.
Properties designated as landmarks shall be set forth in § 150-22.13 of this chapter and shall be so noted on the Township Zoning Map. The Township Tax Assessor, Tax Collector, Construction Code Official, Township Engineer and Zoning Officer shall identify such properties as an “historic landmark” on public records of such properties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person shall alter, modify or otherwise change any structure designated
as an historical structure, nor alter modify or otherwise change any
property within an historical district without first obtaining a certificate
of appropriateness.
B.
The Construction Code Official shall, upon notice of any violation
of this chapter, notify the property owner by means and in accordance
with standards of service otherwise set forth in the municipal code,
of such violation and shall order that the owner cure the violation
within 10 days of such notice by restoring the landmark or improvement
to its status quo ante.
C.
In the event that the violation is not abated within 10 days of service
of a notice of violation, the Construction Code Official shall issue
a summons and complaint, returnable in the Verona Municipal Court,
charging violation of this chapter. There shall be a separate violation
for each day that this chapter is violated. The penalties for violations
of this chapter are as follows:
D.
In the event that any action which is about to occur would permanently
and adversely change the landmark or historic district, such as in
the case of a demolition or removal, and a required permit or certificate
of appropriateness has not been issued for such action, the Construction
Code Official is 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.
When a historic landmark requires immediate emergency repair
to preserve the continued habitability of the landmark and/or health
and safety of its occupants or others, such repairs may be performed
in accordance with town codes, without the necessity of first obtaining
a certificate of appropriateness. In such event, repairs shall be
limited to those that are necessary to maintain habitability of the
structure and to preserve the health and welfare of the occupants
and the public in general.
A.
Where demolition is disapproved. In the event that the Historic Preservation
Commission disapproves an application for a certificate of appropriateness
to demolish an historic landmark or a building, structure, site, object
or improvement, the owner shall, nevertheless, as a matter of right,
be entitled to raze or demolish same provided that all of the following
requirements have been fully met:
(1)
Appeal to Planning Board. The owner has applied for the necessary
certificate of appropriateness and has received notice of the Commission's
denial of same from the Construction Code Official and has appealed
to the Planning Board, which has affirmed such denial.
(2)
Sale for fair market value. The owner has prior to beginning
demolition, for a period of at least 180 days (the "offer period"),
and at a price reasonably related to its fair market value, made a
bona fide offer to sell such building, structure, site, object or
improvement and the land pertaining thereto to any person, entity,
organization, government or political subdivision thereof which gives
reasonable assurance that it is willing to preserve the building,
structure, site, object or improvement and the land pertaining thereto.
B.
Demolition notice posted and publication.
(1)
Notice of any proposed demolition shall be posted on the exterior
premises of the building, structure, site, object or improvement throughout
the notice period in a location such that it is clearly readable.
In addition, the applicant shall cause to be published in the official
newspaper of the Township a notice setting forth the following:
(a)
The applicant's intent to demolish, including a description
of the subject property (by block and lot as well as by physical location)
and a description of the building, structure, site, object or improvement
to be demolished; and
(b)
The applicant's proposed use of the property following demolition;
and
(c)
The anticipated time frame(s) associated with the demolition;
and
(d)
A statement indicating that the applicant shall consider any
and all bona fide offers to sell the property to any person who wishes
to preserve the building, structure, site, object or improvement;
and
(e)
The applicant's name and address, along with a telephone number
where the applicant may be reached during normal business hours by
any interested person who wishes to discuss the proposed demolition
and/or to make an offer to purchase the property as set forth above.
(2)
The notice shall be published as follows:
(a)
At least once within the first 10 days of the notice period;
and
(b)
At least once within the period of time that is not less than
10 nor more than 15 days prior to the expiration of the notice period;
and
(c)
At least once each 20 days between the above first and last
notifications.
(d)
At the conclusion of the notice period, if the applicant intends
to demolish the subject building, structure, site, object or improvement,
it shall, prior to performing the demolition, perform the following:
[1]
Advise the Commission, in writing, of its intention
to proceed with the demolition; and
[2]
Certify in writing to its compliance with the provisions
of this chapter and section relating to the one-hundred-eighty-day
offer period; and
[3]
Provide the Commission with a copy of the notice
that appeared in the official newspaper of the Township and a listing
of all dates on which the said notice appeared in the newspaper; and
[4]
Advise the Commission, in writing, as to whether
any interested persons submitted an offer or offers to purchase the
property, whether during the one-hundred-eighty-day "offer period";
or
[5]
Following the newspaper noticing referenced above,
and set forth the terms and conditions relating to said offer(s) and
the results of any negotiations pertaining thereto; and
[6]
File copies of the affidavits of publication relating
to the newspaper notice with the Commission.
(3)
Notice period. The period of time during which notice must be
given in the manner hereinbefore set forth shall be known as the "notice
period" which shall commence on the tenth day following the date of
the notice of denial of the appeal from the Zoning Board of Adjustment
and such notice period shall run for a period of time of 60 days.
C.
Assignment. No assignment of the rights granted by a certificate
of appropriateness to demolish shall be permitted.
D.
Expiration of approval.
(1)
In cases where demolition is permitted, the certificate of appropriateness
shall be valid for one year from the date of Historic Preservation
Commission approval of the application. The one-year period shall
not be extended.
(2)
At the time of issuance of the certificate of appropriateness
to demolish, the Construction Code Official shall designate the period
of time (within the one-year approval period) within which demolition
must be completed.
E.
Approval after change of circumstances. The Commission may at any
time during such notice period, if a significant change in circumstances
occurs, approve a certificate of appropriateness to demolish, in which
event, a permit from the Construction Code Official shall be issued
within 10 days thereafter.
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 that should
also be the subject of an application for a certificate of appropriateness
under this article and to inform both the Secretary of the Historic
Preservation Commission and the owner of such property of such requirement.
Despite anything contained herein to the contrary, upon Township
certification under the state's Certified Local Government (CLG) Program,
the Commission shall, in accordance with the state's CLG guidelines,
review and comment on all State and National Register nominations
for historic resources within the Township.
[Amended 5-15-2023 by Ord. No. 2023-15]
11 Cole Road, Verona, New Jersey is designated as a landmark.
