[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-7-2017 by Ord. No. 1536-17[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Art. I, Historic Preservation Commission, adopted 2-19-2008
by Ord. No. 1344, as amended.
The provisions of this article are intended to effect and accomplish
the protection, enhancement, and perpetuation of especially noteworthy
examples and elements of the Borough of Emerson's environment in order
to:
A.
Safeguard the heritage of Emerson by preserving resources within
the Borough 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 Borough;
D.
Stabilize and improve property values within the Borough;
E.
Foster civic pride in the history and architecture of the Borough;
F.
Encourage proper maintenance of and reinvestment in the buildings
and structures within the Borough;
G.
Regulate appropriate alteration of historic sites as well as new
construction within or near historic districts to ensure compatibility
with the existing environment and the Master Plan of the Borough;
H.
Discourage the unnecessary demolition or other destruction of historic
resources;
I.
Further the public's knowledge of the history and development of
the Borough as well as its appreciation of the Borough's historic
sites;
J.
Enhance the visual and aesthetic character, diversity, and continuity,
and interest in the Borough and its neighborhoods;
K.
Encourage beautification and private investment in the Borough;
L.
Promote the economic welfare of the Borough through the preservation
of its historic sites and landscapes.
There is hereby created in and for the Borough of Emerson a
committee to be known as the "Historic Preservation Committee of the
Borough of Emerson," the creation of which shall void and supersede
the Historic Preservation Commission (Ord. No. 1344).
As used in this article, the following terms shall have the
meanings indicated:
An extension or increase in building size, floor area or
height.
The Construction Code Official.
Any change in the exterior of architectural features or of
any improvement or addition.
A request to the Committee made pursuant to this article
for the purposes of obtaining an approval or other action by the Committee
hereunder specified.
The application to the Land Use Board of the Borough for
the 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 Sections 25 or 27 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-34 or 40:55D-36).
Any man-made structure, its site and appurtenances created
to shelter any form of human activity.
The Historic Preservation Committee pursuant to the provisions
of this article.
The officer in charge in the granting of building or construction
permits in the Borough.
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 a facade
or surface.
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.
The division of a parcel of land into two or more parcels,
construction, reconstruction, conversion, structural alterations,
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.[1]
See "landmark district."
The process of determining whether identified properties
meet defined criteria of historical, architectural, archeological
or cultural significance.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of an historic site or sites as specifically designated herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any prehistoric or historic district, site, building, structure
or object included in the Borough Historic Sites Survey, or eligible
for inclusion in the National Register (of Historic Places); such
term includes artifacts, records and remains which are related to
such a district, site, building, structure or object.
Any real property, man-made structure, natural object or
configuration of any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archeological,
cultural, scenic or architectural significance at the national, state
or local level, as specifically designated herein, or any property
which is located in an historic district. The designation of an historic
site or landmark shall be deemed to include the Tax Map lot on which
it is located as well as the right-of-way contiguous thereto.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively convey its significance.
A list of historic properties determined to meet criteria
of significance specified herein.
A building, structure, site or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage or cultural characteristics of the Borough,
state or nation and which has been designated as a landmark pursuant
to the provisions of this article.
A geographic area with distinctly definable boundaries composed
of several buildings or sites which:
The Master Plan of the Borough of Emerson, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
Any application for certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic
site;
Does not involve an addition to an individual property or a
property in an historic district or new construction in an historic
district;
Is a request for approval of fences, signs, lighting, paving
or streetscape work which will comply with the adopted design guidelines
for the improvement proposed and which will not substantially affect
the characteristics of the historic site or the historic district.
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.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
A building, site, structure or object that does not add to
the historic or architectural qualities, historic associations or
archaeological values for which a property is significant because
it was not present during the period of significance; due to alterations,
disturbances, additions or other changes, it no longer possesses historic
integrity reflecting its character at that time or is incapable of
yielding important information about the period.
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.
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.
The repair of any deterioration, wear or damage to a structure
or any part thereof in order to return the same as nearly practicable
to its original condition prior to the occurrence or such deterioration,
wear or damage with in-kind material and replacement of exterior elements
or accessory hardware, including signs, using the same materials and
workmanship and having the same appearance.
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.
Any required approval for exterior work to any improvement
or property in an historic district or on an historic site. "Permit"
shall include, but is not limited to, a building permit, a demolition
permit, a permit to move, convert, relocate or remodel or to change
the use or type of occupancy of any improvement or property in an
historic district which involves exterior changes to the structure
or the property on which it is located.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form of vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
The act or process of applying measures designed to preserve
the physical condition of a property by guarding it from deterioration
or loss.
The act or process of reproducing by new construction the
exact same form and detail of a vanished or nonsurviving building,
structure or object, or any part thereof, as it appeared at a specific
period of time when documentary and visible evidence is available
to permit accurate reconstruction.
The act or process of returning a property to its state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such repairs must be done with materials and workmanship
of the same quality as the existing materials and workmanship of the
improvement.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of a later work or by the replacement
of missing earlier work.
Any real property, whether public or private, with or without
improvements, which is the location of a significant event or series
of events, a prehistoric or historic occupation or activity, or a
building, structure or object, or any configuration, portion or group
of the foregoing, which has been designated by the Committee as having
historical, archeological, cultural, scenic or architectural significance
pursuant to the provisions of this article.
The visual character of the street, including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, sidewalks, curbing and
landscaping.
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. The word "structure" shall also include any building
or improvement with a roof.
A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Composition. The Historic Preservation Committee shall consist of
seven regular members appointed by the Mayor.
(1)
The seven members of the Historic Preservation Committee shall fall
within three classes as follows:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history.
(b)
Class B: a person who is knowledgeable of the local history
or has demonstrated interest in local history.
(c)
Class C: a citizen of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Land Use Board.
(2)
Class C members are regular members who are not designated as Class
A or B.
(3)
Class A and Class B members may reside outside the Borough, with
preference given to residents of the Borough.
(4)
There shall be at least one Class A and at least one Class B member.
B.
Alternate members. There shall be two alternate members who shall
be appointed by the Mayor and shall be designated at the time of the
appointment as "Alternate No. 1" and "Alternate No. 2." Alternate
members shall meet the qualification of Class C members.
C.
Terms.
(1)
The initial terms of the regular members first appointed under this
article shall be determined to the greatest practicable extent so
that the expiration of the terms shall be distributed evenly over
the first four years of their appointment, provided that the initial
term of no regular member shall exceed four years. Thereafter, the
term of a regular member shall be for four years. Notwithstanding
any other provisions, the term of any member common to the Historic
Preservation Committee and the Land Use Board shall be for the terms
of the membership on the Land Use Board.
(2)
In the case of alternate members, the initial terms shall be distributed
evenly over the first two years after their initial appointment, provided
that the initial term of no alternate member shall exceed two years.
Thereafter, the term of an alternate member shall be two years.
D.
Vacancies. Vacancies in any class, including alternate members, occurring
otherwise than by an expiration of term, shall be filled in the same
manner in which the previous incumbent was appointed; and such vacancy
appointment shall be only for the balance of such incumbent's unexpired
term.
E.
Liaisons. A member of the Borough Council and a member of the Land
Use Board shall be designated as liaisons between those bodies and
the Committee. The role of such liaisons should be informational only,
and they shall possess no voting rights with regard to action taken
by the Committee.
F.
Organization; officers.
(1)
The Historic Preservation Committee shall elect a Chairperson and
a Vice Chairperson from its members and shall select a Secretary who
may or may not be a member of the Historic Preservation Committee
or a municipal employee.
(2)
Alternate members may participate in discussions of the proceedings.
They 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.
G.
Funding; staff.
(1)
The Borough Council shall, in its sole discretion, make provisions
in its budget and appropriate funds for the expenses of the Historic
Preservation Committee.
(2)
The Historic Preservation Committee may employ, contract for and
affix the compensation of experts and other staff and services as
it shall deem necessary within its budget. The Committee shall obtain
its legal counsel from the Municipal Attorney at the rate of compensation
to be determined by the governing body. Expenditures pursuant to this
section shall not exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for the Committee.
H.
Rules and organization of the Committee. The Committee 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:
(1)
A quorum for the transaction of all business shall be four members.
A majority vote of those present and voting shall prevail.
(2)
All Committee minutes and records as kept and maintained by the Committee's
Secretary shall be public records, and all Committee meetings shall
comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
(3)
Committee meetings shall be scheduled at least once every other month
(six times annually) or as often as required to fulfill its obligations.
The Committee shall post in the Municipal Building its schedule of
meetings.
(4)
No Committee member shall be permitted to act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. Mere ownership of and occupation of an historic residence
shall not be deemed a personal or financial interest.
(5)
When the Land Use Board refers an application to the Historic Preservation
Committee, then the referring Board shall receive a copy of the Committee's
report.
(6)
The Construction Code Official shall maintain and display an up-to-date
map showing the historic districts, as well as a current listing of
historic sites.
(7)
A member of the Committee may, after a public hearing, if requested,
be removed by the governing body for cause.
I.
Powers and duties. The power and duties of the Committee shall be
as follows:
(1)
Identifying, surveying, and recording historic and architectural
buildings, structures, sites and objects and evaluating these resources.
The survey material shall be reviewed and, if necessary, updated at
least every other year to incorporate any newly acquired historical
documentation and to reflect changes to a resource's integrity or
condition.
(2)
Conducting research on and nominating significant resources to the
state and National Registers of Historic Places.
(3)
Assisting other public bodies in aiding the public in understanding
historic resource significance and methods of preservation.
(4)
Advising the Mayor and Council on the relative merits of proposals
involving public funds to restore and protect historical buildings,
resources, places and structures, including the preparation of a long-range
plan, thereby securing state, federal and other grants and aid to
assist therein and monitoring such projects once underway.
(5)
To make recommendations to the Land Use Board and Borough Council
in the preparation and periodic updating of the Historic Preservation
Element of the Master Plan for the Borough, including, but not limited
to, the addition or deletion of historic sites and districts identified
in the Borough's Master Plan.
(6)
To make recommendations to the Land Use Board and Borough Council
on the historic preservation implications of any proposed or adopted
zoning or development ordinance(s) or proposed or adopted elements
of the Borough's Master Plan.
(7)
To advise and assist Borough officers, employees, boards and other
bodies, including those at the county, state or federal levels, on
all matters which have potential impact on the historic buildings,
structures, objects, sites or districts in the Borough or on the physical
character and ambience of any portion of the Borough or region.
(8)
To increase public awareness to the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
(9)
To cooperate with local, county, state or national historical societies,
governmental bodies and organizations to maximize the contributions
of the Committee in accordance with the intent and purposes of historic
preservation.
(10)
To make information available to residents of historic buildings
or districts concerning guidelines for rehabilitations and design
criteria for new construction established under this article.
(11)
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 Borough of Emerson
in the preparation and submission of any documents needed for certification
of the Borough as a certified local government under the National
Historic Preservation Act.
(12)
The Committee shall also have incorporated into its powers and
duties those duties and responsibilities of a local historian as set
forth in N.J.S.A. 40:10A-7, specifically:
(a)
To carry out an historical program, including, but not restricted
to, collecting, preserving and making available materials relating
to the history of the local unit, store such materials in such manner
as to insure their preservation, and shall notify the State Archivist,
New Jersey Historical Commission, county local historian and local
governing body of any materials which should be acquired for preservation;
(b)
Make an annual report to the Chief Executive Officer and governing
body of the local unit stating all the work performed and accomplished
during that year; transmit a copy of such report to the New Jersey
Historical Commission. The New Jersey Historical Commission may advise
each county historian and municipal historian of general guidelines
along which their historical program may be implemented;
(c)
May research, write and cause to have published a county or
municipal history, and may recommend appropriate historical materials
for publication;
(d)
May assist a landmark commission, as well as advise the governing
body, concerning the acquisition, administration, use and disposition
of any landmark or historic site, including such places in its jurisdiction
included on the New Jersey Register of Historic Places. Such advice
may be furnished to the Historic Sites Section, Department of Environmental
Protection;
(e)
Assist in projects of commemoration, including the erection
of monuments, historic markers and guide signs;
(f)
Store all materials in a municipally approved location.
(13)
Carrying out such other advisory, educational, and informational
functions as may be requested by the governing body or any other board
or committee.
A.
Criteria for designation. The Committee shall consider as worthy
of designation those buildings, structures, objects, sites and districts
that have integrity of location, design, setting, materials, workmanship,
feeling and association, and that meet one or more of the following
criteria:
(1)
That are associated with events that have made a significant contribution
to the Borough of Emerson by reflecting or exemplifying the broad
cultural, political, economic or social history of the nation, state
or community;
(2)
That are associated with an historic event which had a significant
effect on the development of the nation, state or community;
(3)
That is the site of an historic event which had a significant effect
on the development of the nation, state or community;
(4)
That embody distinctive characteristics of a type, period or method
of construction; that represent the work of a master; that possess
high artistic values; or that represent a significant distinguishable
entity whose components may lack individual distinction;
(5)
That are otherwise of particular historic significance to the Borough
of Emerson by reflecting or exemplifying the broad cultural, political,
economic or social history of the nation, state or community.
B.
Procedures for designation. Proposals to designate a property as
historic pursuant to this article may be made by the Borough Council,
the Committee, the Land Use Board or by the verified (sworn) application
of the owner(s) or authorized agent(s) of the individual property
to be designated or, in the case of a proposed district, by the verified
(sworn) application of 10% of the owners of record or persons residing
within the district, or by a verified (sworn) application of any organization
with a recognized interest in historic preservation, in accordance
with the following procedures:
(1)
Nomination proposals. The party proposing property for designation
under this section shall prepare and submit to the Committee a nomination
report for each proposed property, site or district. For historic
district designations, the report shall include a building-by-building
inventory of all properties within the district; photographs of representative
properties within the districts; a property map of the district showing
boundaries and a physical description and statement of significance
for the district. For individual landmark designations, the report
shall include one or more photographs; the tax lot and block number
of the property as designated on the official Tax Map of the Borough;
and a physical description and statement of significance and proposed
utilization of the site.
(2)
Moratorium on applications for alteration or demolition during pendency
of designation action. No applications for a permit to construct,
alter or demolish any structure or any feature of a proposed landmark
or property located within a proposed landmark district, filed subsequent
to the date that an application has been filed or a resolution adopted
to initiate designation of a proposed landmark or landmark district,
shall be approved by the administrative officer or other municipal
agency without review by the Committee of such applications. Committee
review of such applications shall be conducted as if the property
related to such applications had already been designated as a landmark
property or district and are thereby subject to the same criteria,
standards and procedures which govern similar applications concerning
properties designated as landmarks or properties within a landmark
district. After the expiration of 180 days from the date of the initial
filing of the designation proposal with the Committee, the permit
application may be approved without Committee review in accordance
with the relevant provisions of the Municipal Code of the Borough.
(3)
Notice. The Committee shall schedule a public hearing on the proposed
designation of a landmark or landmark district at least 20 days prior
to the hearing and the Committee shall, by personal service or by
certified mail:
(a)
Notify the owner(s) of record of a property that has been proposed
for designation, or of a property within a district that has been
proposed for designation, that the property is being considered for
such designation and the reason therefor;
(b)
Advise the owner(s) of record of the significance and consequences
of such designation and the rights of the owner(s) of record to contest
such designation under the provisions of this article;
(c)
Notify the owner(s) of record of the date, time and location
of the hearing concerning the proposed designation of the property;
and
(d)
Serve any notices further required under the provisions of the
Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
(4)
Public notice of hearing. Public notice of hearing shall be given
at least 20 days prior to the hearing by publication in the official
newspaper of the Borough. A copy of the nomination report shall also
be made available for public inspection in the Borough Clerk's office
at least 20 days prior to the hearing.
(5)
Hearing. At a public hearing scheduled in accordance with this article, the Committee shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against the proposed designation under § 163-5B(6) of this article must submit their protest, in writing, to the Committee in accordance with the provisions of that section of this article.
(6)
Protests. A protest against landmark designation signed by the owners
of record of more than 50% of the properties within a proposed landmark
district, or by the owner(s) of record of a proposed landmark, may
be filed with the Committee 10 days prior to the scheduled hearing
date of the proposed designation before the Committee. Protests must
be in writing, must contain the reason(s) for the protest and must
bear the verified (sworn) signatures of the owner(s) joining in such
protest.
(7)
Committee report. Upon Committee review and public hearing, the Committee
shall forward the Borough Council its report, which shall contain
a statement of its recommendations and the reasons therefor with regard
to proposed designations considered at the hearing, including a list
and map of properties approved for designation.
(8)
Referral to the Land Use Board. The Borough Council shall refer the
report to the Land Use Board, which in turn shall report to the Borough
Council as soon as possible, but within 60 days. Failure of the Land
Use Board to transmit its report within the sixty-day period provided
herein shall relieve the Borough Council of its obligations relating
to the referral of such a report to the Land Use Board. Borough Council
action on a landmark or landmark district designations shall be otherwise
subject to those procedures and statutes that apply to a change of
a zoning designation and the adoption, revision or amendment of any
development regulation.
(9)
Final designation. As soon as possible after its receipt of the report
of the Land Use Board or the expiration of the period allowed for
the Land Use Board comment on designations pursuant to this article,
the Borough Council shall act upon the proposed designation list and
map and may approve, reject or modify by ordinance any designation
recommendations made by the Land Use Board. In the event that the
Borough Council votes to reject or modify any Land Use Board recommendations
for a proposed designation, the Borough Council shall record in its
minutes the reasons for not following such recommendation. All action
taken by the Borough Council on proposed designations shall become
effective upon a favorable vote of a majority of full membership of
the governing body.
(10)
Public notice of designation. Notice of designation shall be
made public by publication in the official newspaper of the Borough
and by distribution to the municipal agencies reviewing development
applications and permits. A certificate or letter of designation shall
be sent to the owner(s) of record.
(11)
Incorporation of designated landmarks into Borough records.
Upon adoption, the designation list and map shall be incorporated
by reference into the Master Plan and Zoning Ordinance[1] of the Borough as required by the provisions of the Municipal
Land Use Law.[2] Designated properties shall also be noted as such on the
records for those properties maintained by the offices of the Borough
Tax Assessor and the Borough Clerk.
(12)
Amendments. Landmark and landmark district designations may
be amended in the same manner as they were adopted in accordance with
the provisions of this article.
A.
Actions requiring review.
(1)
All permits and development applications involving the development
activities that affect an historic landmark or an improvement within
an historic district shall be reviewed by the Committee. Such review
shall be required for the following actions:
(a)
Demolition of an historic landmark or an improvement within
an historic district.
(b)
Relocation of any structure within an historic district or of
any historic landmark.
(c)
All changes in the exterior architectural appearance of any
improvement within an historic district or of any historic landmark
by addition, alteration or replacement.
(d)
Any new construction of an improvement in an historic district.
(e)
Site plans or subdivisions affecting an historic landmark or
any improvement within an historic district.
(f)
Zoning variances affecting an historic landmark or an improvement
within an historic district.
(2)
Within 60 days of receiving an application for review, the Committee
shall submit, in writing, to the Land Use Board, its recommendation
with respect to the application. The report shall include findings
and conclusions which are based on evidence in the record. Determination
of the appropriateness of the application shall be made by the Committee,
which decision shall be forwarded to the Land Use Board.
B.
Actions not requiring review.
(1)
When an historic landmark requires immediate emergency repair to
preserve the continued habitability of the landmark and/or health
and safety of its occupants or others. Emergency repairs shall be
performed only in accordance with the following procedure:
(a)
When an historic landmark or key or contributing historic district
resource requires immediate repair to preserve its continued habitability
and/or the health and safety of its occupants or others, emergency
repairs may be performed in accordance with the applicable construction
codes immediately upon approval of the Construction Code Official,
who shall certify that a bona fide emergency of the type described
herein exists, without first obtaining a determination of appropriateness
from the Committee. Under such circumstances, the repairs performed
shall be only such as are necessary to preserve the continued habitability
of the building or structure and/or health and safety of its occupants
or others. Where feasible, temporary measures to prevent further damage
shall be used, provided these measures are reversible without damage
to the building or structure.
(b)
Simultaneously, with the approval of the emergency work, the
Construction Code Official shall notify the Committee of said emergency
work.
(c)
The procedures outlined in this section should be strictly limited
to those circumstances which, in the opinion of the Construction Code
Official, rise to the level of a bona fide emergency of the type referenced
above. No work in addition to the emergency repairs shall be performed
pursuant to this section.
(2)
Changes to the interior of structures.
(3)
For ordinary repairs and maintenance which do not constitute a change
to the appearance of the structure. The following are the only activities
which do not require Committee review according to this criteria:
(a)
Repair of existing windows and doors using the same material.
Installation of storm windows that is compatible with the architectural
period or design of the subject structure.
(b)
Maintenance and repair of existing roof material, involving
no change in the design, scale, material or appearance of the structure.
(c)
Repair of existing roof structures, such as dormers and chimneys,
using the same materials which will not alter the exterior architectural
appearance of the structure.
(d)
Replacement in kind of existing shingles, clapboards or other
siding maintaining the architectural integrity of the structure.
(e)
Maintenance and repair of existing shingles, clapboards or other
siding using the same materials that are being repaired or maintained.
(f)
Repairs to existing signs, shutters, outdoor displays, fences,
hedges, street furniture, awnings, off-street driveway and parking
material and sidewalks using the same material for those items noted
above being repaired.
A.
General criteria for review. In reviewing an application for its
effect on a landmark or a building, structure or site located within
the landmark district, the following criteria shall be used by the
Committee, the Land Use Board, the Borough Council and all other officials
and agencies of the Borough responsible for the administration of
this article. The criteria set forth in this subsection relate to
all projects affecting landmarks and any buildings, structures, objects
and sites located within landmark districts; and, with regard to such
proposed projects, the following factors shall be considered:
(1)
The impact of the proposed change on the historic, architectural
and/or cultural significance of the landmark district;
(2)
The importance of the landmark or the building, structure, object
or site to the nation, state, region or municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of public interest;
(3)
The use of any landmark or landmark district involved in the proposed
change;
(4)
The extent to which the proposed action would adversely affect the
public's view from the street of a landmark, building, structure,
object or site located within a landmark district;
(5)
The impact that the proposed change would have on the architectural
or historic significance of the landmark or landmark district and
the visual compatibility of the proposed change with adjacent buildings,
structures, objects and sites in accordance with the requirements
for design compatibility set forth herein.
B.
Rehabilitation of existing buildings, structures, objects and sites.
In reviewing any application, the Committee shall make its recommendation
as to whether any application should be approved, approved with conditions
or denied on the basis of the purposes and the provisions of this
article and the following standards for review, which are identical
to the Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings:
(1)
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure, object or site and its environment, or to use a property
for its originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures, objects and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure, object or
site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, object or site shall be
treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced, whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical or pictorial evidence
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve archeological
resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing properties
shall not be discouraged when such alterations and additions do not
destroy significant historic, architectural or cultural material,
and such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(10)
Whenever possible, new additions or alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
C.
Design criteria: new construction.
(1)
In assessing the design of any proposed addition or new construction,
the Committee shall consider the following design criteria in conjunction
with the standards of rehabilitation and review criteria set forth
above. These design criteria shall be used to analyze the appropriateness
of new construction in the form of additions and alterations to the
landmarks or new construction, additions or alterations to buildings,
structures, objects or sites located within landmark districts.
(a)
Height. The height of the proposed structure shall be visually
compatible with adjacent buildings.
(b)
Proportion of facade. The relationship of the width of the building
to the height of the front evaluation shall be visually compatible
with buildings and places to which it is visually related.
(c)
Proportion of the openings. The relationship of the width of
windows to the height of windows in a building shall be visually compatible
with buildings and places to which it is visually related.
(d)
Rhythm of solids. The relationship of solids to voids in the
facade of the building shall be visually compatible with buildings
and places to which it is visually related.
(e)
Rhythm of spacing. The relationship of the building to the open
space between it and adjoining buildings shall be visually compatible
with buildings and places to which it is visually related.
(f)
Rhythm of entrances. The relationship of entrances and porches
to the street shall be visually compatible to buildings and places
to which it is visually related.
(g)
Relationship of materials. The relationship of materials, texture
and tone to the facade and roof of a building shall be visually compatible
with the predominant materials used in buildings to which it is visually
related.
(h)
Roof. The roof shape of a building shall be visually compatible
with buildings to which it is visually related.
(i)
Continuity of walls. Walls and open fencing shall maintain visual
compatibility with buildings and places to which it is visually related.
(j)
Scale. The size of a building mass in relation to open spaces,
window and door openings, porches and balconies shall be visually
compatible with buildings and places to which it is visually related.
(k)
Exterior features. A structure's related exterior features,
such as lighting, fences, sidewalks, driveways and parking areas,
shall be compatible with the features of those structures to which
it is visually related and shall be appropriate for the historic period
for which the structure is significant. New signage shall also abide
by any supplemental historic design or graphic standards that may
be developed by the Committee for the district.
(2)
It is not the intent of this article to discourage contemporary architectural
expression or to encourage new construction which emulates existing
buildings or an historical architectural interest or of a certain
period's architectural style, but rather to preserve the integrity
and authenticity of an historic district and to ensure the compatibility
of new structures therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
Review criteria for demolition. With regard to applications to demolish
a landmark or any building, structure, object or site located within
a landmark district, the following matters shall be considered:
(1)
Its historical, architectural, cultural and aesthetic significance
in relation to the criteria set forth in this article.
(2)
Its use, its intended use and/or the use for which the building,
structure, object or site was originally designed and the feasibility
of the continuation of its designed use.
(3)
Its importance to the Borough and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the landmark district and/or to the public interest.
(4)
The extent to which it is of such 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 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 Borough a more attractive
and desirable place in which to live.
(6)
The probable impact of its removal upon the ambience of the landmark
district.
(7)
The structural soundness and integrity of the building, structure,
object or site and the economic feasibility for its restoration or
rehabilitation so as to allow for its reasonable use.
(8)
The threat to the public health and safety as a result of deterioration
or disrepair of the building, structure, object or site.
(9)
The technological feasibility of structural rehabilitation.
(10)
The interference with the charitable purposes of any nonprofit
or charitable organization if demolition is not permitted.
E.
Criteria regarding the relocation of historic buildings or structures.
The following factors shall be considered with regard to an application
to move to a new location or site any landmark or any building, structure
or object located within a landmark district:
(1)
The impact of the loss of integrity suffered as a result of the 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.
(2)
The reasons for not retaining the landmark or structure at its present
site.
(3)
The compatibility, nature and character of the areas adjacent to
both the present site and the proposed site 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,
objects or sites as set forth herein.
(5)
The likelihood of significant damage to the physical integrity of
the building, structure or object itself.
The Land Use Board shall refer to the Committee every application
submitted to the Board for development in historic zoning districts
or on historic sites designated on the Zoning Map or Official Map,
or identified in any component element of the Master Plan. The referral
shall be made when the application for development is deemed complete
or is scheduled for a hearing, whichever occurs sooner. Failure to
refer the application as required shall not invalidate any hearing
or proceeding. The Committee may provide its advice, which shall be
conveyed through its delegated members or staff, who shall testify
orally at the hearing and explain any written report which may have
been submitted by the Committee regarding the application. The Committee
shall make available to the applicant a copy of its written report
concerning said application for development.
A.
Violations defined. Any person violating any of the provisions of
this article shall, upon conviction thereof, be subject to the penalties
herein. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. Any person who shall
undertake an activity without approvals required by this article shall
be deemed to be in violation hereof.
B.
Notice of violations. Upon learning of the violation, the Construction
Code Official shall personally serve upon the owner of the property
whereon the violation is occurring a notice describing the violation
in detail and giving the owner 10 days to abate the violation by restoring
the building, structure or site to its condition prior to the violation.
If the owner cannot personally be served within the Borough with said
notice, a copy shall be posted on the property and a copy shall be
sent to the owner at his or her last known address.
C.
Injunctive relief. In the event that the violation is not abated
within 10 days of service or posting on site, whichever is earlier,
the administrative officer shall cause to be instituted any appropriate
action or proceeding to prevent such unlawful activity, to restrain,
correct or abate such violation, to prevent the occupancy of said
building, structure or site, or to prevent any illegal act, conduct,
business or use in or about such premises as follows:
(1)
If any person shall undertake any activity requiring permit and report of the Committee without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The Construction Code Official is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
(2)
In the event of the threat of imminent action for which the necessary
approvals have not been granted, and which action would permanently
and adversely change a landmark or any building, structure, object
or site located within a landmark district, the Construction Code
Official is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
D.
Penalties. In addition to the remedies provided above, a person convicted
of a violation of this article before a court of competent jurisdiction
shall be subject to penalties as follows:
A.
Priority. Recognizing the need for preventive maintenance to insure
the continued useful life of historic buildings, structures, objects
and sites, the Borough Council hereby declares that code enforcement
for such designated properties is a high municipal priority.
B.
Notice of violation. In the event that any landmark or any building,
structure, object or site located within a landmark district deteriorates
to the point that, in the best estimate of the Administrative Officer,
the cost of correcting the outstanding code violations equals more
than 10% of the cost of replacing the entire building, structure,
object or site on which the violation occurs, the Administrative Officer
shall serve personally or by certified mail, return receipt requested,
a notice on the owner of the property listing the violations, the
estimate for their abatement and the replacement costs of the improvements
and stating that if the owner does not take all necessary remedial
action within 60 days, or such extensions as the administrative officer
shall grant for good cause, the Borough's designated official may,
at the expiration of said 60 days, enter upon the property and abate
such violations and cause the cost thereof to become a lien on the
property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Hearing. Upon receipt of such notice, the owner may, within 20 days
after such receipt, notify the Administrative Officer of his or her
intentions to have a hearing as to the allegations and estimates set
forth in the notice. Such a hearing shall be conducted by the Committee
and shall, so far as possible, be a formal adversary proceeding in
which the Administrative Officer shall establish matters alleged in
the notice by the preponderance of the evidence. If a hearing is requested,
the Administrative Officer will, within 10 days following the hearing,
serve on the owner an opinion, in writing, setting forth his or her
conclusions and the reasons therefor.
D.
Action without a hearing. If the owner does not request a hearing, the findings of the Administrative Officer set forth in the notice issued in Subsection B shall be binding, and the Administrative Officer may take such necessary action as granted by the provisions of this article.
E.
Right of abatement. If the owner does not comply with the findings
of the Administrative Officer, the Administrative Officer may enter
onto the premises and, by use of municipal labor or outside contractors,
or both, perform such work as is necessary to abate all violations.
F.
Costs. The Administrative Officer shall then certify to the Borough
Council the cost of such work performed, plus all administrative,
clerical and legal costs and overhead attributable thereto and shall
present the same to the Borough Council.
G.
Lien. The Borough Council may, by resolution, vote to cause the sum
so certified to become a lien upon the property, payable with the
next quarter's property taxes and, if not then paid, bearing interest
at the same rate as delinquent taxes.
It shall be the duty of all municipal officials of the Borough
of Emerson reviewing all permit applications involving any real property
or improvements thereon to determine whether such application involved
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 Committee,
the Administrative Officer and the applicant of the same.
