[Added 6-17-2002 by Ord.
No. 2002-13 § 4b]
[Ord. No. 2002-13]
A.
Establishment and Classes of Members. A Historic Preservation Commission
(HPC) is hereby established consisting of five regular members and
which may include two alternate members, each of whom shall be appointed
by the Mayor, of the following three classes:
1.
Class A - A person who is by occupation a professional in building
design and construction or architectural history;
2.
Class B - Persons who are knowledgeable or have a demonstrated
interest in local history;
3.
Class C - Persons who are residents of the municipality and
who hold no other municipal office, position or employment except
for membership on the Planning Board or Board of Adjustment.
4.
There shall be one member each from Classes A and B fulfilling
the terms.
5.
Those regular members who are not designated as Class A or B
shall be designated as Class C. Of the regular members a total of
at least one less from a majority shall be of Classes A and B. Alternate
members shall meet the qualifications of Class C members and shall
be designated "Alternate No. 1" and "Alternate No. 2" at the time
of appointment.
6.
All members shall be residents of the municipality excepting
Class A and Class B.
7.
Terms of Membership.
a.
The term of each regular member shall be four years and the
term of each alternate member shall be two years.
b.
Alternate members. Alternate members shall be designated at
the time of their appointment as "Alternate No. 1" and "Alternate
No. 2."
c.
The term of any member in common with the Planning Board or
Board of Adjustment shall be for the term of membership on such Board.
B.
The terms of the members first appointed under this Ordinance shall
be such that two members shall be appointed to a one-year term, two
members shall be appointed to a two-year term, and one member shall
be appointed to a three-year term. Alternate No. 1 shall be appointed
to a two-year term and Alternate No. 2 shall be appointed to a one-year
term. The first year of the terms of all initial appointments under
this Ordinance shall expire on December 31 of that year. The term
of a regular member subsequently appointed shall be three years; and
the term of an alternate member shall be two years. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired
term only, within 60 days of said vacancy. Notwithstanding any other
provision herein, the term of any member common to the Historic Preservation
Commission and the Planning Board or Board of Adjustment shall be
for the term of the membership on the Planning Board or Board of Adjustment,
as the case may be.
C.
Role of Alternate Members. Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any Class. 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.
D.
Vacancies. If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by appointment for the unexpired term,
only.
E.
Compensation. Members of the HPC shall serve without compensation
except that reimbursement of reasonable expenses in the execution
of official duties may be made by the municipality.
F.
Removal. A member of the Commission may, after public hearing if
he requests it, be removed by Governing Body for cause.
G.
Conflict. No member or alternate member of the HPC shall be permitted
to act on either any matter in which he or she has directly or indirectly
any personal or financial interest. No member who is so disqualified
may act on that particular matter, shall not continue to sit with
the Commission on the hearing of such matter, nor shall participate
in any discussion or decision.
H.
Organization. The HPC shall elect from its membership a Chairman
and Vice Chairman whose terms of office shall be for one year. The
Chairman shall preside over the Commission and shall have the right
to vote. The Vice Chairman shall, in case of absence or disability
of the Chairman, perform the duties of the Chairman. A Secretary shall
be appointed by the Commission may or may not be a member of the Commission
or a municipal employee. The Commission shall be governed by Roberts
Rules of Order.
I.
Funding. The Governing Body shall make provisions in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The Commission shall have the authority to contract for the services
of qualified persons to direct, advise and assist the Commission,
and may acquire equipment and supplies necessary to its effective
operation.
J.
Advice. The Commission is empowered to seek advisory opinions and
technical assistance from appropriate municipal officers and employees
on any matter within the Commission's jurisdiction.
K.
Rules and Procedures. The HPC shall adopt and may amend internal
rules and procedures for the transaction of its business subject to
the following:
1.
A quorum for any action by the HPC shall be three members.
2.
All HPC minutes and records shall be public records.
3.
All HPC meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-6 et seq.).
4.
The Commission shall adopt rules for the transaction of its
business, which shall provide for time and place meetings.
5.
Rules shall provide for the establishment of special meetings
either by the Chairman or by at least three other members of the HPC.
Any interested party shall be entitled to appear and be heard on any
matter to come before the HPC. All decisions shall be by the affirmative
vote of a majority of the members present and qualified to vote, and
shall be reduced to writing and adopted at the next regular meeting
of the HPC.
6.
HPC meetings shall be scheduled at least once every month or
as often as required to fulfill its obligations to advise the Planning
Board, Board of Adjustment, Governing Body, or Administrative Official,
unless there is no business before the Commission.
L.
Responsibilities of the Historic Preservation Commission. The HPC
shall have the following duties and responsibilities.
1.
Prepare a survey of historic sites of the City pursuant to criteria
identified in the survey report;
2.
Make recommendations to the Planning Board on the historic preservation
plan element of the master plan and on the implications for preservation
of historic sites of any other master plan elements;
3.
Advise the Planning Board on the inclusion of historic sites
in the recommended capital improvement program;
4.
Advise the Planning Board and Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110;
5.
Provide written reports on the application of the Zoning Ordinance
provisions concerning historic preservation; and
6.
Carry out such advisory, educational and informational functions
as will promote historic preservation in the City.
[Ord. No. 2002-13]
An application for a zoning permit shall be required precedent to the issuance of a building permit to construct, alter, repair, move or demolish any building, structure or sign in the Lambertville Historic District. The zoning permit application shall be made to the Zoning Officer, pursuant to Article IX of the Zoning Ordinance of the City of Lambertville. No zoning permit shall be issued until a Certificate of Appropriateness has been approved by the Planning Board, Board of Adjustment, or Historic Preservation Commission, as the case may be. An application for approval of a Certificate of Appropriateness shall be completed and filed with the Administrative Officer not less than 10 days before a Historic Preservation Commission meeting.
A.
Minor and Major Applications. The Administrative Officer shall review
the application form and classify the application in accordance with
the following guidelines:
1.
If a Certificate of Appropriateness is requested for an action
which will substantially affect the characteristics of the district
or historic site, the Administrative Officer shall classify the application
as a major application and notify the applicant to submit a full application
which shall include architectural drawings and plans prepared by a
New Jersey licensed architect; photographs, sign designs, and other
information described in the Historic Preservation Commission's regulations.
The Administrative Officer shall be entitled to request and receive
assistance in the classification from HPC members and staff.
2.
If a Certificate of Appropriateness is requested for an action
which will not substantially affect the historic site or district,
then the Administrative Officer shall classify the application as
a minor application.
3.
Completed minor applications will be heard and acted upon at
the next regularly scheduled meeting of the Historic Preservation
Commission.
4.
Major applications shall be acted on within 30 days after the
application is declared complete by the Administrative Officer. If
the HPC does not act on a major application within 45 days, the application
shall be deemed to have been approved as submitted, and the Administrative
Officer shall so certify. By mutual written agreement of the applicant
and the HPC, there may be an extension of time. The HPC may advise
the applicant and make recommendations in regard to the appropriateness
of the proposed action, and may grant approval upon such conditions
as it deems appropriate within the intent and purposes of this Ordinance.
The HPC shall decide on each application and shall reduce their findings
and conclusions in the form of a resolution to be adopted by the Commission.
5.
Sign Application. Any person seeking a construction permit to
construct, alter, repair, move, install or demolish a sign in the
historic district or historic site outside of a district shall be
required to receive a Certificate of Appropriateness from the HPC.
All applications for a Certificate of Appropriateness for a sign shall
be classified as minor applications.
B.
Decisions by the Historic Preservation Commission.
1.
If an application is approved, the HPC shall issue a Certificate
of Appropriateness and provide the applicant with a certified copy
of the resolution. If disapproved, the Commission shall notify the
applicant in writing of the resolution and provide to the applicant
a certified copy.
2.
In the event that an applicant alleges that compliance with
the requirements of this Ordinance would be an unreasonable hardship
and that the nature of his application is such that the change sought
does not justify the time and expense of a plenary proceeding, will
not impact negatively on the public good, nor specifically on the
historic qualities sought to be preserved, the Commission, by a majority
vote of its full authorized membership, may grant such relief from
the requirements of this Ordinance as it deems consistent with the
public good and the purposes of this Ordinance.
3.
An applicant may request that a Certificate of Appropriateness
be granted without fulfilling all the application requirements set
forth because the change contemplated shall not be visible from any
place to which the public normally has access and, therefore, cannot
adversely affect the public interest. In that event, the Historic
Preservation Commission, by a majority vote of its full authorized
membership, may determine that the criterion for such an exemption
has been met and may grant a Certificate of Appropriateness.
C.
Effect of a Certificate of Appropriateness Approval; Denial; Appeal.
1.
Issuance of a Certificate of Appropriateness shall be deemed
to be final approval pursuant to this Ordinance. Such approval shall
neither cause nor prevent the filing of any collateral application
or other proceeding required by any other City ordinance to be made
prior to undertaking the action requested concerning the historic
site or structure in the historic district. A Certificate of Appropriateness
shall be valid for two years within such time the applicant shall
have procured a construction permit, or in the event that subdivision
or site plan approval is required pursuant to § 601, filed
a complete application with the Planning Board or Board of Adjustment,
as the case may be, or within such time as the HPC may deem it in
the public interest to grant, but in no circumstance shall such extension
be for a period greater than two years from the date of the expiration
of the original approval.
2.
Denial of a Certificate of Appropriateness shall be deemed to
preclude the applicant from undertaking the activity applied for concerning
a historic site or structure in a historic district.
3.
Appeal from a denial of the Certificate of Appropriateness shall
be to the Board of Adjustment under N.J.S.A. 40:55D-70a where no application
for development is required and to Superior Court where the Certificate
of Appropriateness is issued by the Planning Board or Board of Adjustment.
D.
Emergency Repairs. When emergency repairs are required, the Administrative
Officer shall notify the Chairman of the Historic Preservation Commission
or his designee and a recommendation concerning the emergency repairs
shall be made within 48 hours. The Administrative Officer may allow
temporary repairs to a structure prior to the Historic Preservation
Commission's review when these repairs are necessary for the building's
occupancy or to ensure public safety contingent upon the application
for a Certificate of Appropriateness within 10 days of the onset of
such emergency repairs. Such emergency repairs shall not be intended
to last more than 90 days.
[Added 12-16-2021 by Ord.
No. 32-2021]
The Historic Preservation Commission (the "Commission") shall
consider for landmark designation and historic district designation
any property, building, structure, natural object or site and districts
within the City of Lambertville which merit individual landmark and
historic district designation and protection, possessing integrity
of location, design, setting, materials, workmanship or association;
and being:
A.
Of particular historic significance to the City of Lambertville
by reflecting or exemplifying the broad cultural, political, economic,
agricultural or social history of the nation, state, or community;
B.
Associated with historic personages important in national, state,
or local history;
C.
The site of a historic event which had a significant effect
on the development of the nation, state, or community;
D.
An embodiment of the distinctive characteristics of a type,
period, or method of architecture or engineering;
E.
Representative of the work of an important builder, designer,
artist or architect;
F.
Significant for containing elements of design, detail, materials,
or craftsmanship which represent a significant innovation;
G.
Able or likely to yield information important in prehistory
or history.
[Added 12-16-2021 by Ord.
No. 32-2021]
As used in this Article:
An area designated as a historic district by ordinance of
the City Council, and which may contain within definable geographic
boundaries, one or more landmarks and which may have within its boundaries
other or structures that, while not of such historic or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall historic or architectural characteristics of the historic
district.
A property, building, structure, natural object or site designated
as a landmark by ordinance of the City Council, pursuant to procedures
prescribed in this title, that is worthy of rehabilitation, restoration
and preservation because of its historic or architectural significance
to the City of Lambertville.
[Added 12-16-2021 by Ord.
No. 32-2021]
A.
Based on its review, or upon the recommendation of other municipal
bodies of the City or of concerned citizens, the Commission may make
a list of additional individual buildings and structures and collections
of buildings and structures recognized as a district recommended for
designation as landmarks and historic districts. For each landmark
and historic district, there shall be a brief description of the landmark
and district, of the landmarks and district's significance pursuant
to the criteria in § LDR-903.1. The Commission shall, by
certified mail:
1.
Notify each owner that his/her/its property is being considered
for Historic Landmark designation or inclusion in a Historic District
and the reasons therefor.
a.
If the owner objects to such consideration, the owner shall,
within 30 days of receipt of such notice, provide such notice in writing
to the Commission, for removal from consideration.
b.
If the Commission does not receive a response from the property
owner within 30 days of the first notice, the Commission shall not
proceed with the designation until such time that the property owner
consents to the designation.
c.
In no case shall the Commission place a property on the list
of landmark and/or Historic District designation without the property
owner's consent.
2.
Advise each owner of the significance and consequences of such
designation;
3.
Notify each owner of the public meeting to be held in accordance
with N.J.S.A. 10:4-6, et seq.
B.
Historic Preservation Commission Consideration of Recommendation.
1.
The list of potential additional Historic Landmarks and Historic
Districts as well as the description, significance, location, boundaries,
and map siting of each shall be subject to review at a Commission
public hearing.
2.
At least 10 days before such a hearing, a preliminary list and
a map showing proposed additional landmarks and district boundaries
shall be published, together with notice of the hearing in an official
newspaper of the municipality and posted on the City's website,
at City Hall and distributed electronically via City communication.
3.
At the hearing, interested persons shall be entitled to present
their opinions, suggestions and objections on the proposed recommendations
for designation.
4.
The Commission shall then prepare a concise report, including
a list and a map of its recommendations for sites to be designed as
Historic Landmarks or Historic Districts.
5.
Copies of the report shall be delivered to the City of Lambertville
City Council, the Planning Board and the City Clerk, and a notice
of the action published by the Commission secretary in an official
newspaper of the municipality.
C.
The published notice shall state the Commission's recommendations
and also that final designation shall be made by the City Council
at a public hearing specified on a date not less than 15 nor more
than 45 days from the date of publication.
D.
The City Council shall then consider the designation list and
map and may approve, reject, or modify same by ordinance. Once adopted,
the designation list and map shall also be incorporated by reference
into the City's Master Plan and Zoning Ordinance, as required
by the Municipal Land Use Law.
E.
Copies of the designation list and Historic District map as
adopted shall be made public and distributed to all City agencies
reviewing development applications and construction permits. A certificate
of designation shall be served by certified and regular mail upon
each owner included on the list, and a true copy thereof shall be
filed with the County Clerk for recording in the same manner as a
certificate of lien upon real property.
