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established by Ordinance No. 03-20 was repealed by Ordinance No. 06-20.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]
An extension or increase in the size, floor area or height
of any building, structure, site, object or improvement.
Any change in the exterior features of any building, structure,
site, object or improvement.
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.
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.
Any man-made structure created principally to shelter any
form of human activity as well as its functionally related appurtenances
such as a house.
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.
The Historic Preservation Commission established pursuant
to the provisions of this chapter.
The officer in charge of the granting of building or construction
permits in the Borough.
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.
An individual building, structure site, object improvement
or district, which has been determined to have historical significance
pursuant to the provisions of this chapter.
Having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this chapter.
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.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
KEYAny buildings structures, sites, objects or improvements which, due to their significance, would individually qualify for Historic Landmark status;
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
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.
Any building, structure, site, object or improvement which qualities for designation under § 24-4 of this chapter.
Of, relating to, or having the character of history.
A building or other structure, or any work constituting a
man-made alteration of or addition to, any building, structure, site
or object.
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.
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.
A list of historic properties determined to meet criteria
of significance specified herein.
The visual character of the land, including but not limited
to architecture, building setbacks and height, fences, hedgerows,
plantings and vistas.
The Master Plan of the Borough of Bound Brook, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a Certificate of Appropriateness which:
Does not involve demolition, relocation or removal of an Historic
Landmark or a key or contributing resource in an Historic District;
Does not involve an addition to an Historic Landmark or a property
in an Historic District or new construction in an Historic District;
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.
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.
The Municipal Land Use Law of the State of New Jersey.
The established criteria for evaluating eligibility of properties
for inclusion in the National Register of Historic Places.
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.
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.
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.
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.
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.
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.
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.
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.
The act or process of replicating any exterior architectural
feature that is used to substitute for an existing deteriorated or
extensively damaged architectural feature.
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.
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.
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.
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.
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.
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.
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, 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:
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.
[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:
[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:
(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.
