[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.
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.
KEYAny buildings structures, sites, objects or improvements which, due to their significance, would individually qualify for Historic Landmark status;
2.
CONTRIBUTINGAny 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.
NONCONTRIBUTINGAny 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.
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 § 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; 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]
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 § 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]
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 § 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.