Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
[Editor's Note: Former Chapter 24, Historic Preservation, established by Ordinance No. 03-20 was repealed by Ordinance No. 06-20]
[Ord. No. 08-23 § 1]
The purpose of this chapter is to implement the historic preservation element of the Master Plan, to provide guidance to property owners in achieving preservation of historic resources and to advance the following public purposes:
a. 
To safeguard the heritage of the Borough by preserving resources that reflect elements of its archaeological, cultural, social, economic, architectural, and historical heritage;
b. 
To encourage preservation of historic resources;
c. 
To protect and enhance property values;
d. 
To identify, designate, and regulate Historic Landmarks and Historic Districts in order to preserve their historical significance;
e. 
To encourage the continued use of Historic Landmarks and Historic Districts and to facilitate their appropriate use or reuse;
f. 
To maintain and develop an appropriate and harmonious setting for Historic Landmarks and Historic Districts within the Borough of Bound Brook;
g. 
To foster civic pride in the history and architecture of the Borough;
h. 
To promote appreciation of Historic Landmarks and Historic Districts for the education, pleasure and welfare of the local population;
i. 
To encourage beautification and private reinvestment in Historic Landmarks and Historic Districts, and surrounding properties;
j. 
To manage change of Historic Landmarks and Historic Districts by encouraging sensitive alteration and/or new construction;
k. 
To discourage the unnecessary demolition of historic resources;
l. 
To recognize the importance of Historic Landmarks and Historic Districts by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter;
m. 
To encourage the proper maintenance and preservation of historic settings, streetscapes and landscapes.
[Ord. No. 08-23 § 2]
ADDITION
An extension or increase in the size, floor area or height of any building, structure, site, object or improvement.
ALTERATION
Any change in the exterior features of any building, structure, site, object or improvement.
APPLICATION
A request to the Commission made pursuant to this chapter for the purposes of obtaining a Certificate of Appropriateness or other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
An application to the Planning Board of the Borough of Bound Brook for approval of a major or minor subdivision plat or site plan, planned development, conditional use of zoning variance, or an application for the construction, reconstruction, conversion structural alteration relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law.
BUILDING
Any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances such as a house.
CERTIFICATE OF APPROPRIATENESS
That document issued by the Commission, which is required before any work may be commenced on any Historic Landmark or any building, structure, site, object or improvement located within a Historic District.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of this chapter.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction permits in the Borough.
DEMOLITION
The partial or total razing, dismantling or destruction, whether entirely or to significant part, of any designated building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade.
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT
An individual building, structure site, object improvement or district, which has been determined to have historical significance pursuant to the provisions of this chapter.
HISTORIC
Having historical, cultural, architectural, archaeological, economic, social or other significance as defined by the provisions of this chapter.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development, which qualifies for designation under § 24-4 of this chapter.
HISTORIC DISTRICT RESOURCES
Those resources classified as either key, contributing or noncontributing, which are defined as follows:
1. 
Any buildings structures, sites, objects or improvements which, due to their significance, would individually qualify for Historic Landmark status;
2. 
Any buildings, structures, sites, objects or improvements which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant; and
3. 
Any buildings, structures, sites, objects or improvements that do not have significant historical value because they neither date from a time period nor represent an architectural type, period or method, which is historically significant.
HISTORIC LANDMARK
Any building, structure, site, object or improvement which qualities for designation under § 24-4 of this chapter.
HISTORICAL
Of, relating to, or having the character of history.
IMPROVEMENT
A building or other structure, or any work constituting a man-made alteration of or addition to, any building, structure, site or object.
INTEGRITY
The authenticity of a building, structure, site, object, improvement or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is affected by any action taken under this chapter or whose rights to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.
INVENTORY
A list of historic properties determined to meet criteria of significance specified herein.
LANDSCAPE
The visual character of the land, including but not limited to architecture, building setbacks and height, fences, hedgerows, plantings and vistas.
MASTER PLAN
The Master Plan of the Borough of Bound Brook, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
Any application for a Certificate of Appropriateness which:
1. 
Does not involve demolition, relocation or removal of an Historic Landmark or a key or contributing resource in an Historic District;
2. 
Does not involve an addition to an Historic Landmark or a property in an Historic District or new construction in an Historic District;
3. 
If a request for approval of fences, signs, lighting, paving or streetscape work, which, in the opinion of the Chairman of the Commission, will not substantially affect the characteristics of the Historic Landmark or the Historic District.
4. 
If a request for a field change for a Certificate of Appropriateness which has already been issued and which meets the criteria of paragraph 3.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating eligibility of properties for inclusion in the National Register of Historic Places.
OBJECT
And be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
ORDINARY MAINTENANCE AND REPAIR
The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear or damage with in-kind material and quality workmanship.
PERMIT
Any required approval issued by the Construction Official pursuant to applicable building or construction codes for work or improvement(s) to property or to a building or structure located thereon.
PERSON
Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any hereof in any capacity, acting either for himself or any other person, under either personal appointment or pursuant to law. When permitted by context "person" shall also include the United States, the State of New Jersey and/or other states, or any political subdivision thereon and any foreign country or government.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity and materials or an Historic Landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing, by means of new construction, the form, features and detailing of a nonsurviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a special period of time and in its historic location when documentary and physical evidence is available.
REHABILITATION
The act or process of returning a property to a 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 historic values.
REPLACEMENT
The act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.
RESTORATION
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. It may sometimes mean the removal of later work or the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department of the Interior, National Park Service, entitled, "The Secretary of the Interior's Standards for the Treatment of Historic Properties.
SITE
The location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.
STREETSCAPE
The visual character of the street including, but not limited to, the architecture, building setbacks and height, fence, storefronts, signs, lighting, parking areas, materials, street, sidewalks, curbing and landscaping.
STRUCTURE
Shall be used as a term to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter, such as a bridge.
SURVEY
The inventory of buildings, structures, sites, objects, improvements and districts located within the Borough of Bound Brook, which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this chapter.
SURVEY DATA
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
VIEW or VISTA
The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway, which is used as a public thoroughfare, either vehicular and/or pedestrian.
[Ord. No. 08-23 § 3]
There is hereby established within the Borough of Bound Brook an Historic Preservation Commission, whose members shall serve without compensation.
[Ord. No. 08-23 § 3]
The Historic Preservation Commission shall have the following duties and responsibilities:
a. 
To identify, record and maintain a survey of all buildings, structure, sites, objects, improvements and districts of historical significant within the Borough.
b. 
To recommend to the Borough Council the designation of buildings, structures, sites, objects or improvements as Historic Landmarks, and to recommend the designation of Historic Districts.
c. 
To monitor and recommend to the Borough Council any building, structures, sites, objects, improvements or districts for inclusion in the New Jersey or National Register of Historic Places.
d. 
To make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of Historic Landmarks and Historic Districts of any other Master Plan elements. The Commission may provide information to the Planning Board indicating the location and significance of Historic Landmarks and Historic Districts, and identify the standards used to assess worthiness for Historic Landmark or Historic District designation.
e. 
To advise the Planning Board on applications for development.
f. 
To provide written recommendations addressing the application of the Zoning Ordinance provisions concerning historic preservation to proposed construction.
g. 
To review and render determinations regarding applications for Certificates of Appropriateness as set forth in this chapter.
h. 
To advise the Planning Board on the inclusion of Historic Landmarks and Historic Districts in the recommended capital improvement program.
i. 
To monitor and recommend to the Borough Council the submission of any grants related to historic preservation.
j. 
To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
[Ord. No. 08-23 § 3; Ord. No. 2014-09 § 1]
The Commission shall consist of five regular members and two alternate members, who shall be appointed by the Mayor with the advice and consent of the Borough Council. The Mayor shall appoint, and the Borough Council shall approve, the full membership within 60 days from the effective date of this chapter. At the time of appointment, members shall be designated by the following classes:
a. 
Class A. A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
b. 
Class B. A person who is knowledgeable in, or who has demonstrated an interest in, local history; and
c. 
Class C. Three citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board.
d. 
Of the five regular members, a total of at least one less than a majority shall be of Classes A and B. Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
e. 
Terms.
1. 
The terms of the members first appointed under this act shall be so determined that to the greatest practicable extent the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years. Per their appointment and in the case of alternate members, evenly over the first two years after their appointment; provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; the term of an alternate member shall be two years.
2. 
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board.
3. 
A vacancy occurring otherwise than by expiration of term shall be filled 60 days for the unexpired term only.
f. 
Role of alternates. The alternate members may participate in all Commission discussions owing 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.
g. 
Liaison person. A member of the Borough Council of the Borough of Bound Brook shall be designated as a liaison between the Historic Preservation Commission and the Borough Council. The role of such liaison person shall be informational only and such person shall possess no voting rights with regard to any action taken by the Commission.
h. 
Officers. Annually, the Commission will select a Chair and Vice Chair from its members and select a recording secretary who may or may not be a member of the Commission or a municipal employee.
i. 
Budget. The Governing Body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The 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 pursuant to this paragraph shall not exceed, exclusive of gifts or grants, the amount appropriated by Borough Council for the Commission's use.
j. 
Finances. The Borough Council shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this or any other applicable Borough ordinance.
k. 
Rules of commission.
1. 
The Commission shall adopt written rules for the transaction of business and for the consideration of applications for Certificates of Appropriateness and for the designation of Historic Landmarks and Historic Districts. Such rules shall not be inconsistent with the provisions of this chapter and shall include but not be limited to rules pertaining to all notices and hearings required herein.
2. 
In order to make available to the public information useful to the preservation and protection of Historic Landmarks and Historic Districts and to provide the basis for consistency of policy, the Commission Secretary shall maintain complete files and records. The Commissions files shall include but are not limited to data used in the classification of buildings, structures, sites, objects, improvements and districts, minutes of Commission meetings, applications for Certificates of Appropriateness along with collateral data, decisions and appeals associated therewith and information, materials and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available but a formal verbatim record shall not be required.
3. 
The Commission Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, reports, findings, determinations, decisions and applications, which shall be public documents. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act. Copies of all minutes shall be maintained in the Municipal Building and shall be delivered to the Borough Clerk.
4. 
Copies of records shall be made available to municipal bodies, agencies, and officials for their use. When the Planning Board refers an application to the Historic Preservation Commission, then the referring Board shall receive a copy of the Commission's Report.
5. 
The Construction, Planting and Zoning Offices shall maintain and display an up-to-date map showing the boundaries of all areas designated as Historic Districts, as well as the locations of all Historic Landmarks.
6. 
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. Unless a member resides or owns property within 200 feet of property, which is the subject of an application, mere ownership or residence in a designated Historic District and/or ownership of a designated Historic Landmark or a non-designated property shall not be deemed a personal or financial interest.
l. 
Removal. The Governing Body for cause may after a public hearing, it requested, remove a member of the Commission.
m. 
Meeting; quorum.
1. 
The Historic Preservation Commission shall establish and post in the Municipal Building a regular schedule of meetings, which shall include a minimum of one meeting per month. 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), which shall be noted in the minutes. 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.
2. 
The Historic Preservation Commission shall hold public hearings to review all applications for Certificates of Appropriateness, referral of development applications and other business, which comes before the Commission.
3. 
The presence of three 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.
[Ord. No. 08-23 § 4]
The Commission shall maintain a comprehensive survey of the Borough of Bound Brook to identify Historic Landmarks and Historic Districts that are worthy of protection and preservation.
[Ord. No. 08-23 § 4]
The criteria for evaluating and designating Historic Landmarks and Historic Districts shall be guided by the National Register Criteria. The Commission or any person may recommend designation of Historic Landmarks or Historic Districts that are in accordance with the National Register Criteria or that possess one or more of the following attributes:
a. 
Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, State or nation; or
b. 
Association with events that have made a significant contribution to the broad patterns of our history; or
c. 
Association with the lives of persons significant in our past; or
d. 
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
e. 
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, State or nation; or
f. 
Embodiment of elements of design, detail, material or craftsmanship that model an improvement architecturally significant or structurally innovative; or
g. 
Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or
h. 
Ability or potential ability to yield information important in prehistory or history.
[Ord. No. 08-23 § 4]
a. 
Persons wishing to make a nomination shall contact the Commission Secretary regarding consideration of a proposed Historic Landmark or Historic District. The Commission may also initiate the designation of an Historic Landmark or Historic District. The Commission will schedule a hearing to review the proposed Historic Landmark or Historic District.
b. 
A nomination to propose an Historic Landmark shall include the following information which addresses the criteria for designation as set forth herein:
1. 
A photograph of the proposed landmark; and
2. 
A copy of the municipal tax map showing the property on which the proposed landmark is located; and
3. 
A physical description of the proposed landmark; and
4. 
A statement of significance.
c. 
A nomination to propose an Historic District shall include the following information which addresses the criteria for designation as set forth herein:
1. 
A building-by-building inventory of all properties within the district; and
2. 
A photograph of all properties within the district; and
3. 
A copy of the municipal tax map of the district showing boundaries; and
4. 
A physical description of the proposed district; and
5. 
A statement of significance.
d. 
Following receipt of a nomination to propose an Historic Landmark or Historic District the Commission shall schedule a public hearing on the proposed designation.
e. 
At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
1. 
Notify the owner(s) of record of a property that has been proposed for Historic Landmark designation, or the owner(s) of record all properties located within a district that has been proposed for Historic District designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor.
2. 
Advise the owner(s) of record of the significance and consequences of such designating and of the rights of the owner(s) of record to contest such designation under the provisions of this chapter;
3. 
Notify the owners of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and
4. 
Serve any further notices as may be require under the provisions of the Municipal Land Use Law.
f. 
At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the Borough.
g. 
At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the offices of the Borough.
h. 
At the public hearing scheduled in accordance with this chapter, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
i. 
Designation of an Historic District shall not proceed over the objection of 51% of the property owners, in accordance with the procedural guidelines set forth by the National Register of Historic Places.
j. 
If the proposed nomination is approved by the Commission, then the Commission shall forward a report concerning the proposed Historic Landmark or Historic District: to the Borough Council, which shall contain a statement of the Commission's recommendations the reasons therefor. Borough Council action on designating an Historic Landmark or an Historic District shall then be otherwise subject: to those procedures and statutes, which apply to a change of a zoning designation and the adoption, revision or amendment of any Development regulation.
k. 
All other requirements of the Municipal Land Use Law regarding adoption, or development regulations shall be followed.
l. 
Upon adoption of an ordinance by the Borough Council regarding the Historic Landmark or an Historic District, the said designation shall supplement rather than supersede the existing zoning district to which the affected Historic Landmark or Historic District is located. At that time, the designation list and strip shall be incorporated into the Master Plan and Zoning Ordinance of the Borough as required by the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties as maintained by the Planning and Zoning officers, as well as the offices of the Construction Office, the Borough Tax Assessor and the Borough Clerk.
m. 
Amendments to Historic Landmark or Historic District designations may be made in the same manner as they were adopted in accordance with the Borough Ordinance.
[Ord. No. 08-23 § 5]
a. 
The Planning Board of the Borough of Bound Brook shall refer to the Historic Preservations Commission every application for development submitted to either Board for development involving Historic Landmarks or properties located within Historic Districts. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. The Historic Preservation Commission may provide its advice on said application, which shall be conveyed through its delegation of one its members or staff to testify orally at the hearing on the application and to explain any written report(s) that the Commission have provided to the Board concerning the proposed application.
b. 
On all matters referred to the Historic Preservation Commission which require approval by the Borough's Planning Board, the decision of the Commission shall be a recommendation only. In reviewing applications for development, the Commission may comment on any of the zoning and land use considerations which are relevant to the application. The Planning Board, as applicable, shall consider the testimony and/or written report(s) presented and may disapprove or change any of the recommendations made by the Commission by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations.
c. 
Yard variances. Due to the fact that structures in Historic Districts may have been built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by approving variances to normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the appropriate Board may grant such variance to standard requirements if so recommended by the Historic Preservation Commission.
d. 
An approval by the Planning Board, as the case may be, does not relieve the applicant of the requirement of obtaining a Certificate of Appropriateness from the Commission (see below, § 24-6) for those aspects of the work not approved by the application for development.
[Ord. No. 08-23 § 6]
A Certificate of Appropriateness issued by the Commission shall be required before any work is commenced on any Historic Landmark or within any Historic District, whether or not a permit is required for such work, including but not limited to the following:
a. 
Changing the exterior appearance of the building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including painting, the replacement of windows and doors, except for the activities described in paragraph b below.
b. 
Demolition of any building, structure, site, object or improvement.
c. 
Relocation of a principal or accessory building, structure, site, object or improvement.
d. 
Any addition to or new construction of a principal or accessory building, structure, site, object or improvement.
[Ord. No. 08-23 § 6]
a. 
A Certificate of Appropriateness shall not be required before a permit is issued by the Construction Official for changes to the interior of a structure.
b. 
A Certificate of Appropriateness shall not be required if in the opinion of the Commission, the work contemplated constitutes "ordinary maintenance and repair" as defined by this chapter. In such cases, and if a permit is required for the proposed work, the Commission shall promptly notify the Construction Official that a Certificate of Appropriateness is not required as a prerequisite to the issuance of the permit.
[Ord. No. 08-23 § 6; Ord. No. 2014-09 § 2]
a. 
Except for the circumstances described in Subsection 24-6.2a above, no work shall be performed on any Historic Landmark or on any building, structure, site, object or improvement located within an Historic District until either a Certificate of Appropriateness has been issued by the Commission for such work or until a determination has been made by the Commission that no Certificate of Appropriateness is necessary for such work due to the fact that the proposed work constitutes ordinary maintenance and repair pursuant to Subsection 24-6.2b above.
b. 
1. 
All applicants for a Certificate of Appropriateness, or for a determination of non-necessity pursuant to Subsection 24-6.2b above, shall complete an application form. Application forms shall be made available in the office of the Construction Official. Completed applications shall be filed with the Construction Official. Upon payment to the Borough of the escrow required in paragraph b2, below, of this Subsection 24-6.3, the Construction Official shall then forward the application package promptly to the Commission.
2. 
Escrow. The applicant shall be required to post an escrow of $1,500 to reimburse the Borough for the costs of professional services including engineering, planning, legal and other expenses connected with the review of the application. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount, and shall add such amount within 15 days of the date of the notification of the shortfall or the application will be considered incomplete and all review of the application shall cease.
c. 
Each application for a Certificate of Appropriateness or for a determination of non-necessity shall be accompanied by sketches, color samples, drawings, photographs, descriptions or other information to show the proposed alterations, additions, changes or new construction. Applications for demolition shall include current and historical photographs of the interior and exterior of the Commission may require the subsequent submission of such additional items as it reasonably requires to make an informed decision.
d. 
The Construction Official shall forward a copy of all permit applications for Historic Landmarks or Historic Districts to the Commission prior to issuance of the requested permit, except where the permit relates to the types of work described in Subsection 24-6.2a above.
e. 
The Commission shall render a decision on each application for a Certificate of Appropriateness, or for, determination of non-necessity pursuant to Subsection 24-6.2b above, and submit its report to the Construction Official within 45 days of referral of it by the Construction Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
[Ord. No. 08-23 § 6]
Persons considering action that requires a Certificate of Appropriateness are encouraged to request an informal informational meeting with the Commission and/or its Chairman prior to submitting a formal application for a Certificate of Appropriateness or for a determination of non-necessity pursuant to Subsection 24-6.2b above. Requests for such informational meetings can be made to the Commission Secretary. The Commission and/or its Chairman shall hold such informational meetings within 30 days of receipt of such request. The purpose of an informational meeting is to review the design issues and standards of appropriateness and the procedures for obtaining a Certificate of Appropriateness or a determination of non-necessity pursuant to Subsection 24-6.2c above.
[Ord. No. 08-23 § 6]
a. 
The Commission shall hold a public hearing on all applications for Certificates of Appropriateness. No public hearing shall be required in order for the Commission to render a determination of non-necessity pursuant to Subsection 24-6.2b above.
b. 
Prior to holding a public hearing on an application for a Certificate of Appropriateness, the Commission shall, in addition to complying with the requirements of the Open Public Meetings Act, notify the applicant in writing at least 20 days prior to the hearing by personal service or certified mail setting forth the time, date and place of the hearing.
c. 
An applicant for a Certificate of Appropriateness shall not be required to appear or to be represented at the hearing in order for the Commission to consider the application for a Certificate of Appropriateness, and the Commission may take action in the absence of the applicant.
d. 
At the hearing, the Commission shall allow all persons the opportunity to be heard concerning the issuance of a Certificate of Appropriateness for the proposed work.
e. 
After conducting the public hearing, the Commission shall render a determination on the application. All determinations shall be in writing with an explanation of the reasons for the decision and shall be delivered promptly to the Construction Official. The Commission shall grant a Certificate of Appropriateness to the applicant if it finds the application appropriate to the Historic Landmark or conformity with the standards and criteria set forth in § 24-7 of this chapter. The Commission may issue a Certificate of Appropriateness subject to certain condition(s), which shall be set forth in detail in the Commission's written decision. The Commission shall deny the issuance of a Certificate of Appropriateness if it finds the application inappropriate to the Historic Landmark or Historic District and/or not in conformity with the said standards and criteria. The Commission's denial of a Certificate of Appropriateness shall be deemed to prohibit the applicant from undertaking the work applied for, and shall preclude the issuance of any required permit for the said work by the Construction Official. Upon receipt of the Commission's written determination, the Construction Official shall notify the applicant of said determination in writing within five days thereof.
f. 
Failure of the Commission to render its written determination to the Construction Official within the forty-five-day period referenced above shall be deemed to constitute a determination in favor of the issuance of a Certificate of Appropriateness for the proposed work and without conditions. In the event that the applicant has consented to an extension of time to consider the application, the Construction Official shall be notified of said extension and no Certificate of Appropriateness or permit shall be issued for the proposed work until a determination has been rendered by the Commission during the extension period.
g. 
Appeals from determinations of the Construction Official pursuant to the Historic Preservation Commission's decision may be made by the applicant to the Planning Board. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Planning Board. The appellant shall pay all costs for copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this paragraph, the Planning Board determines there is an error in any order, requirement, decision or refusal made by the Construction Official pursuant to a determination rendered by the Historic Preservation Commission, the Planning Board shall, in writing, include the reasons for its determination in the findings of its decision thereon.
h. 
The owner shall post the Certificate of Appropriateness on a conspicuous spot on the exterior of the designated property visible to the public during the entire process of work.
i. 
When a Certificate of Appropriateness has been issued, the Construction Official or his appointee shall, from time to time, inspect the work approved by such Certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such Certificate.
j. 
A Certificate of Appropriateness shall be valid for a period of two years from date of issue unless the applicant or the Commission requests reasonable extensions.
k. 
The performance of unauthorized activities shall be deemed a violation of this chapter and may subject the responsible parties to sanctions imposed hereunder.
[Ord. No. 08-23 § 6]
The Chairman of the Historic Preservation Commission or other designated member(s) of the Commission acting on the Chairman's behalf, may review applications for minor work ("minor applications") without holding a public hearing. If the Chairman finds the application appropriate, he/she may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a Certificate of Appropriateness to the Construction Official for said minor work. The Construction Official shall then authorize the applicant to proceed and issue any required permit associated therewith. If the Chairman does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission.
[Ord. No. 08-23 § 6]
a. 
When an Historic Landmark or a 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 applicable construction codes immediately upon approval of the Construction Official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining a Certificate of Appropriateness from the Commission. 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 the 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 commencement of the emergency work, the property owner shall make a request for a Certificate of Appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the Construction Official pursuant to the procedures set forth in Subsection 24-6.3 above.
c. 
It should be noted that the procedures outlined in this section should be strictly limited to those circumstances, which, in the opinion of the Construction 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 until the Construction Official has granted an appropriate request for approval and Historic Preservation Commission pursuant to the procedures set forth in Subsection 24-6.5 above.
[Ord. No. 08-23 § 6]
a. 
It is recognized that the intent and purposes of this chapter would not be fully served if the municipality and other governmental agencies were to control the actions of others but fail to apply similar constraints to itself. The Borough of Bound Brook, when it plans to undertake any work on any municipally owned Historic Landmark or on any municipally owned property in an Historic District, may submit such plans to the Historic Preservation Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
b. 
In those circumstances where the Borough cannot require compliance, as in certain cases involving the Board of Education, County, State and Federal governments, the Borough most strongly urges the voluntary cooperation of such agencies in seeking a Certificate of Appropriateness and hereby considers such requests and applications. This does not relieve the property owner from complying with applicable State and Federal regulations regarding historic preservation.
[Ord. No. 08-23 § 7]
a. 
The purpose of this section is to provide uniform standards and criteria for the regulation of Historic Landmarks and Historic Districts for use by the Historic Preservation Commission. All projects requiring a Certificate of Appropriateness and all applications for development on Historic Landmarks or in Historic Districts shall be governed by the principles of the Secretary of the Interior's Standards for Rehabilitation (as contained within the Secretary of the Interior's Standards for the Treatment of Historic Properties) and by the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring & Reconstructing Historic Buildings.
b. 
In reviewing applications for Certificates of Appropriateness, the Historic Preservation Commission may consider the site, design, arrangement, texture, details, scale, color, shape, materials, finish and relationship to streetscape and/or landscape of the proposed work and the relationship of those characteristics to the historical significance of the Historic Landmark or Historic District.
c. 
In reviewing applications for Certificates of Appropriateness, the Historic Preservation Commission shall not consider use, zoning requirements for setbacks, density, height limitations or lot coverage as these matters fall within the purview of the Planning Board.
d. 
In considering development application referrals from the Planning Board, the Historic Preservation Commission may consider use, zoning requirements for setbacks, density, height limitations and lot coverage in rendering its advice to the appropriate Board.
e. 
Criteria for review. In its review of Historic Landmarks or properties located within Historic Districts, the Commission shall give consideration to certain criteria, including but not limited to the following:
1. 
The historical value of the landscape or streetscape.
2. 
The historical value of a building, structure, site, object improvement or district and its relationship to property of the surrounding area.
3. 
The general compatibility of the proposed use to the historical value of the surrounding area.
4. 
The general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical value of the surrounding area. In carrying out its review under these guidelines, the following criteria shall be utilized:
(a) 
All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing structures, districts and surrounding areas.
(b) 
In-kind or appropriately compatible building materials must be utilized.
[Ord. No. 08-23 § 8]
In regard to an application to demolish or relocate an Historic Landmark or an Historic District Resource, to following matters shall be considered:
a. 
Its current and potential use for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
b. 
The probable impact of its removal upon the ambiance of the Historic Landmark or Historic District.
c. 
The structural soundness and integrity of the building, structure, site, object or improvement and the economic feasibility of restoring or rehabilitating same so as to comply with the requirements of the applicable construction codes.
d. 
The compelling reasons for not retaining the building, structure, site, object or improvement at its present location, the proximity of the proposed new location and in; accessibility to residents of the municipality, and the probability of significant damage to the building, structure, site, object or improvement as a result of the relocation.
e. 
The compatibility, nature and character of the current and the proposed surrounding micas as they relate to the intent and purposes of this chapter and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
[Ord. No. 08-23 § 9]
a. 
Where demolition 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 located in an Historic District an 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 accessory Certificate of Appropriateness, has received notice of the Commission's denial of it from the Construction Official, and has appealed to the Planning Board, which has affirmed such denial.
2. 
Sale for fair market value. The owner has prior to seeking 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, site, object or improvement and the land pertaining thereto.
3. 
Demolition notice posted and publication. 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(s) of the Borough 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 applicants 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 any interested person who wishes to discuss the proposed demolition and/or to make an offer to purchase the property as set forth above may reach the applicant during normal business hours.
(1) 
The notice shall be published as follows:
(i) 
At least once within the first 10 days of the Notice Period; and
(ii) 
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
(iii) 
At least once each 20 days between the above first and last notifications.
(2) 
At the conclusion of the Notice Period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
(i) 
Advise the Commission in writing of its intention to proceed with the demolition; and
(ii) 
Certify in writing to its compliance with the provisions of paragraph a,2 above relating to the one-hundred-eighty-day "offer period"; and
(iii) 
Provide the Commission with a copy of the notice that appeared in the official newspaper of the Borough and a listing of all dates on which the said notice appeared in the newspaper; and
(iv) 
Advise the Commission in writing as to whether or not any interested persons submitted an offer or offers to purchase the property, whether during the one-hundred-eighty-day "offer period" or 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
(v) 
File copies of the affidavits of publication relating to the newspaper noticing with the Commission.
4. 
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 10th day following the date of the notice of denial of the appeal from the Planning Board and such Notice Period shall run for a period of time of 60 days.
b. 
Assignment. No assignment of the rights granted by a Certificate of Appropriateness to demolish shall be permitted.
c. 
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 Official shall designate the period of time (within the one year approval period) within which demolition must be completed.
d. 
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 Official shall be issued within 10 days thereafter.
[Ord. No. 08-23 § 9]
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 Certificate of Appropriateness. If it should, the Officer shall inform the Construction Official and the applicant, as well as the Historic Preservation Commission.
[Ord. No. 08-23 § 10]
a. 
Violations.
1. 
If any person shall undertake any activity vis-a-vis an Historic Landmark or property located within an Historic District without first having obtained and posted a Certificate of Appropriateness as provided in this chapter, such person shall be deemed to be in violation of this chapter.
2. 
Upon learning of the violation, the Construction Official shall personally serve the owner of the lot wherever the violation is occurring notice describing the violation in detail.
3. 
If the owner cannot be personally served within the Borough with said notice, a copy thereof shall be posted on the site in question and a copy shall be sent by certified mail, return receipt requested to the owner at his or her last address as it appears on the municipal tax rolls.
4. 
Within 10 days of receipt of the notice of violation, the violator is required to file an application for a Certificate of Appropriateness in the same manner as prescribed pursuant to § 24-5 of this chapter, and the notice shall advise the violator of such.
5. 
Upon receipt of the violator's application, the Commission shall conduct a review of the said application and hold a public hearing in the same manner as prescribed for regular applications pursuant to § 24-5 of this chapter.
6. 
Upon the violator's filing of an application for a Certificate of Appropriateness, the imposition of all enforcement action on behalf of the Borough delayed until such time as:
(a) 
The Commission has tendered a decision on the violator's application and the Construction Official has served notice thereof upon the applicant; and
(b) 
The violation is still deemed to be in existence; and
(c) 
No further appeal of the decision of the Commission and Construction Official relating to the said application is pending before the Planning Board or any Court; and
(d) 
All appeal periods relating to the said application have expired.
7. 
If the Commission grants a Certificate of Appropriateness to the violator for the unauthorized work then the violator shall no larger be deemed to be in violation of this chapter. If the Commission grants a Certificate of Appropriateness to the violator subject to certain conditions, then the violator shall be deemed to have cured the violation only upon its timely satisfaction of the said conditions in accordance with the requirements of the Commission. If the Commission denies a Certificate of Appropriateness to the violator for the unauthorized work, then the violation shall still exist and the violator shall be subject to appropriate enforcement action a prescribed by this chapter.
8. 
In the event that the violator fails to file a timely application for a Certificate of Appropriateness after having been served with a notice of violation as set forth above, or in the event that there is no longer any stay of enforcement activity in effect as set forth above and the violation is still deemed to be in existence, then the Construction Official shall cause to be issued a summons and complaint, returnable in the Bound Brook Borough Municipal Court, charging violation of this chapter. Each separate day that the violation exists shall be deemed to be a new and separate violation of this chapter.
b. 
Penalties designated. Any person who commits a violation of this chapter shall, in the discretion of the Municipal Court Judge, be subject to a fine not to exceed $1,000 per violation or imprisonment for a period not to exceed 90 days, or both, and/or be required to correct, abate and/or restore the premises or property to its previous condition.
c. 
Injunctive relief. In the event that any person becomes aware that any type of activity is about to occur which would permanently and adversely change an Historic Landmark or a property located within an Historic District, such as demolition or removal, without the issuance of a certificate of Appropriateness by the Commission, that person shall immediately notify the Construction Official, who shall then immediately contact the Borough Attorney and the Chairman of the Commission so that an application to the Superior Court of New Jersey may be made for such injunctive relief as is necessary to prevent the activity.
[Ord. No. 08-23 § 11]
The requirements of this chapter shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
[Ord. No. 08-23 § 12]
In the event that any portion of this chapter is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the chapter actually adjudged invalid and shall not be deemed to affect the operation on any other portion thereof.
[Ord. No. 08-23 § 13]
This chapter shall be liberally construed to affect the purposes set forth herein. In the event that this chapter conflicts with State law, State law shall take precedence.