[HISTORY: Adopted by the Mayor and Council
of the Borough of Montvale 2-11-1997 by Ord. No. 97-1051 (Ch. 50 of the 1966
Code). Amendments noted where applicable.]
The purposes of this chapter are to:
A.
Encourage the
continued use of historic resources and facilitate their appropriate
reuse.
B.
Maintain and develop
an appropriate and harmonious setting for the historic and architecturally
significant buildings, structures, sites, objects or districts within
the Borough of Montvale.
C.
Stabilize and
improve property values and discourage the unnecessary demolition
of historic resources.
D.
Foster and enhance
civic beauty and neighborhood pride.
E.
Promote appreciation
of the designated historic districts within the Borough of Montvale
for the education, pleasure and general welfare of the citizens of
the Borough and its visitors.
F.
Encourage private
reinvestment in existing or new structures in a manner that preserves,
restores, repairs or is compatible with the original architectural
style which is characteristic of the designated historic districts
in which the structure is located.
G.
Manage change
by preventing alteration or new construction not in keeping with the
historic landmark or the historic district.
H.
Recognize the
importance of all buildings in historic districts and of individual
historic landmarks located outside of a district by urging property
owners and tenants to maintain their properties in keeping with the
requirements and standards of this chapter.
I.
Encourage the
proper maintenance and preservation of historic settings and landscapes.
J.
Encourage appropriate
alterations of historic landmarks and buildings in historic districts.
K.
Promote the conservation
of historic sites and districts and invite voluntary compliance.
[Amended 12-9-1997 by Ord. No. 97-1074]
A.
There is hereby
created in and for the Borough of Montvale a Commission to be known
as the "Historic Preservation Commission," referred to in this chapter
as the "Commission." This Commission shall advise the Planning Board
on the effect of development applications on designated historic landmarks
or improvements within an historic district.
B.
The Commission
shall review all building permit applications which affect designated
historic landmarks or improvements within an historic district. The
Commission's review shall be based on objective criteria and will
complement existing land use and construction codes. The controls
established, while compatible with both the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., and the Uniform Construction Code, N.J.S.A.
52:27D-119 et seq., should be viewed as having an independent basis
under N.J.S.A. 40:48-2.
A.
The Historic Preservation
Commission shall consist of five regular members and may have not
more than two alternate members. There shall be one member each of
Classes A and B and three members of Class C. Class qualifications
shall be as follows:
(1)
Class A: A
person who is knowledgeable in building design and construction or
in architectural history. Said person may reside outside the Borough.
(2)
Class B: A
person who is knowledgeable or has a demonstrated interest in local
history. Said person may reside outside the Borough.
(3)
Class C: A
person who is a resident of the Borough and who holds no other municipal
office, position or employment except that said person may be a member
of the Planning Board.
[Amended 12-9-1997 by Ord. No. 97-1074]
B.
Alternate members
shall meet the qualifications of Class C members.
A.
The Mayor shall
appoint all members of the Commission and shall designate at the time
of appointment the regular members by class and the alternate members,
if any, as "Alternate No. 1" and "Alternate No. 2."
B.
The terms of the
members first appointed 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 after
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, and the term of an alternate
member shall be two years.
C.
If a Commission
member is also a member of the Planning Board, the term of office
as Commission member is the same length as the term of the other office.
D.
A vacancy occurring
otherwise than by expiration of a term shall be filled for the unexpired
term only.
The Historic Preservation Commission shall annually
elect a Chairman and Vice Chairman from its members, and select a
Secretary who may or may not be a member of the Historic Preservation
Commission or a municipal employee.
The Commission shall adopt internal rules and
procedures for the transaction of its business, subject to the following:
A.
A quorum for the
transaction of all business shall be three members.
B.
All Commission
minutes and records are public records, and all Commission meetings
shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et
seq.).
C.
Commission meetings
shall be scheduled as often as required to fulfill its obligations
to advise the Planning Board.
D.
No Commission
member shall be permitted to act on any matter in which he or she
has, either directly or indirectly, any personal or financial interest.
E.
Alternate members
may participate in discussions of the 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.
F.
A member of the
Historic Preservation Commission may (after public hearing if he requests
it) be removed by the governing body for cause.
The Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in the performance of
official business.
The Historic Preservation 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 Borough Attorney at the rate of compensation
determined by the governing body. Expenditures pursuant to this section
shall not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
The Historic Preservation Commission shall be
responsible for the following:
A.
Preparing a survey
of historic sites of the Borough.
B.
Making 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.
C.
Reviewing all actions, including those involving building permit applications which affect the exterior of historic landmarks or improvements within an historic district, and advising the Planning Board on the approval of said requests in accordance with the procedure established in § 228-13 of this chapter.
D.
Reviewing all applications for actions affecting the exterior of an historic landmark or an improvement within an historic district and making recommendations to the Planning Board in accordance with the procedures outlined in § 228-13 of this chapter.
E.
Advising the Borough
Council on the relative merits of proposals involving public lands
to restore, preserve and protect historical buildings, places and
structures, including the preparation of a long-range plan, thereby
securing state, federal and other grants and aid to assist therein
and monitoring such projects once underway.
F.
Cooperating with
local, county, state or national historical societies, governmental
bodies and organizations to maximize their contributions to the intent
and purposes of this chapter.
G.
Preparing and
distributing an historic district guideline handbook to be utilized
for application reviews and foster appropriate rehabilitation within
the historic district.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this chapter its
most reasonable application:
The construction of a new improvement as a part of an existing
improvement when such new improvement changes the exterior appearance
of any designated landmark.
Any work done on any designated landmark which:
A document that is issued by the Historic Preservation Commission,
following a prescribed series of hearings and review procedures, certifying
that the proposed actions by an applicant are found to be acceptable
in terms of design criteria as set forth herein relating to the individual
site, structure or building, or the historic district as a whole.
The razing of any landmark.
One or more historic sites and intervening surrounding property
significantly affecting or affected by the quality and character of
the historic site or sites.
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing, which have
been formally identified in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 contiguous days.
The official recognition of any site, building, structure
or district that has been documented to have or contain architecturally,
historically, archaeologically, culturally or scenically significant
features or elements and that adheres to the criteria as established
by the Historic Preservation Commission in accordance with the provisions
of this chapter and designated as an historic site or district.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
That newspaper as shall be designated by the governing body
in which shall be published all notices which require publication
hereunder.
Shall mean any work done on any improvement which:
The repairs when a building permit is required for the same.
The visual character of the street, including, but not limited
to, the architecture, fences, gates, storefronts, signs, lighting,
paving, setbacks, color, materials and landscaping.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
A.
Preparation of
a survey. The Historic Preservation Commission shall make a comprehensive
survey of the Borough of Montvale for the purpose of identifying historic
landmarks which are worthy of protection and preservation.
B.
The Commission
shall forward its recommendation to the Planning Board. The Planning
Board, upon review and acceptance of the Commission's recommendation,
shall, by certified mail:
(1)
Notify each
owner that his property is being considered for historic landmark
designation and the reasons therefor.
(2)
Advise each
owner of the significance and consequences of such designation and
advise him of his opportunities and rights to challenge or contest
such designation.
(3)
Notify each
owner of the public meeting to be held to discuss landmark designation.
C.
The list of potential
landmarks, as well as the description, significance, location and
map siting of each, shall be subject to review at a Planning Board
public hearing. At least 10 days before such a hearing, notice of
the hearing shall be published in an official newspaper of the Borough.
At the hearing, interested persons shall be entitled to present their
opinions prior to the Planning Board voting on its recommendations
to the Borough Council.
D.
After the hearing,
the Planning Board shall act to amend the Master Plan in accordance
with its findings and immediately thereafter shall submit its recommendations
for sites to be designated to the Borough Clerk. The Borough Council
shall schedule to make a decision on the designations at a publicized
public meeting specified on a date not less than 15 nor more than
45 days from the date of publication.
[Amended 12-9-1997 by Ord. No. 97-1074]
E.
Final determination
that landmark status exists shall be made by the Borough Council.
Such a final determination by the Borough Council shall create landmark
status, and a certificate of designation shall be issued by the Borough
Council. Within seven days of the creation of landmark status, the
Borough Council shall, by certified mail, notify the owner of the
property involved of the determination and advise him of his rights
with respect to an appeal of said determination. Such appeal shall
be made within 45 days of the determination. Any member of the public
may seek to appeal the status directly to the Superior Court by serving
notice on the Commission, the Planning Board and the Borough Clerk.
F.
After the Borough
Council's review and approval, the Borough Council shall submit the
list of designated landmarks and a map to the Borough Clerk for filing.
Once adopted, the designation list and map may be amended in the same
manner in which it was adopted.
[Amended 12-9-1997 by Ord. No. 97-1074]
G.
Copies of the
designation list and official map, as adopted, shall be made public
and distributed to all municipal agencies reviewing development applications
and building permits. A certificate of designation shall be served
by certified and regular mail upon each owner included in the list,
and a true copy thereof shall be filed with the County Clerk for recording
in the same manner as a certificate of a lien upon real property.
H.
Placement of
plaques. Each designated landmark may be marked by an appropriate
plaque in such form as the Historic Preservation Commission shall
promulgate by regulation.
A.
In considering
an individual site, building or a structure or a district that is
of particular historical, archaeological, scenic or architectural
significance to the Borough of Montvale, the County of Bergen, the
State of New Jersey, or to the nation and reflects or exemplifies
the broad cultural, political, scenic, economic or social history
of the nation, state or locality, the Historic Preservation Commission
shall give consideration to the following criteria:
(1)
That it is
associated with events that have made a significant contribution to
the broad patterns of our history;
(2)
That it is
associated with the lives of persons significant in our past;
(3)
That it embodies
the distinctive characteristics of a type, period or method of construction
or that it represents the work of a master or that it possesses high
artistic values or that it represents a significant and distinguishable
entity whose components may lack individual distinction; and/or
(4)
That it has
yielded, or may be likely to yield, information important in prehistory
or history.
B.
Ordinarily, cemeteries,
birthplaces or graves of historical figures, properties owned by religious
institutions or used for religious purposes, structures that have
been moved from their original locations, reconstructed historic buildings,
properties primarily commemorative in nature and properties that have
achieved significance within the past 50 years shall not be considered
eligible for designation as a landmark. However, such properties will
qualify if they are integral parts of landmarks that do meet the criteria
or if they fall within the following categories:
(1)
A religious
property deriving primary significance from architectural or artistic
distinction or historical importance;
(2)
A building
or structure removed from its original location but which is significant
primarily for architectural value or which is the surviving structure
most importantly associated with an historic person or event;
(3)
A birthplace
or grave of an historical figure of outstanding importance if there
is no other appropriate site or building associated with his productive
life;
(4)
A cemetery
that derives its primary significance from graves of persons of transcendent
importance, from age, from distinctive design features or from association
with historic events;
(5)
A reconstructed
building when accurately executed in a suitable environment and presented
in a dignified manner as part of a restoration master plan, and when
no other building or structure with the same association has survived;
(6)
A property
primarily commemorative in intent if design, age, tradition or symbolic
value has invested it with its own historical significance; or
(7)
A property
achieving significance within the past 50 years if it is of exceptional
importance.
A.
Actions requiring
a certificate of appropriateness. A certificate of appropriateness
issued by the Historic Preservation Commission shall be required before
a permit is issued for any of the following or, in the event that
no other type of permit is otherwise required, before any work can
commence on any of the following activities on the property of any
historic landmark:
[Amended 12-9-1997 by Ord. No. 97-1074]
(1)
Demolition
of a landmark or of any improvement within any landmark district.
(2)
Relocation
of any landmark or of any improvement within any landmark district.
(3)
Change in
the exterior appearance of any existing landmark or of any improvement
within any landmark district by addition, alteration or replacement.
This subsection shall not be construed to apply to changes in the
exterior appearance of a site upon which is located an historic building
or structure unless the site itself has been designated a landmark.
(4)
Any new construction
of a landmark building or structure or of a principal or accessory
structure upon any site which has been designated a landmark.
(5)
Site plans
or subdivisions which include any landmark or are within any landmark
district, in whole or in part.
(6)
Changes in
or addition of new signs or exterior lighting, except that no certificate
of appropriateness shall be required for one unlit sign per premises
if the surface area of such sign does not exceed 1 1/2 square
feet and is otherwise in compliance with Borough ordinances.
(7)
Zoning variances
affecting a landmark or an improvement within a landmark site or district.
B.
Approval by the
Commission can be handled on an expedited basis when an historic landmark
requires immediate and emergency repair to preserve the continued
habitability of the landmark and/or the health and safety of its occupants
or others. In such cases, the property owner shall immediately notify
the Chairman of the Historic Preservation Commission. The Chairman
may call a special emergency meeting of the Commission to review the
application on an accelerated basis.
C.
Approval by the
Commission is not required for changes to the interior of structures.
D.
Exceptions. A
certificate of appropriateness shall not be required for any repainting
or repair that is an exact replacement of an element of an existing
landmark. In the event that the color or exterior surface material
of a landmark shall be changed as a result of such repainting or repair,
a certificate of appropriateness shall not be required if the new
color or exterior surface is one that has been previously approved
by regulations promulgated by the Commission for similar improvements
with respect to the landmark. In all other cases, a certificate of
appropriateness shall be required.
[Added 12-9-1997 by Ord. No. 97-1074]
A.
Application procedure.
Application for a certificate of appropriateness shall be made on
forms determined by the Historic Preservation Commission and available
from the Zoning Officer of the Borough of Montvale. Completed applications
shall be delivered to the Zoning Officer at the Borough Hall, 12 Mercedes
Drive, Montvale, New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Application information
and supporting documents. Applications for a certificate of appropriateness
shall include the following:
(1)
All forms
completed by the applicant.
(2)
A certificate
that all property owners within 200 feet of the lot line of the landmark
property in question have been sent legal notice of the application
by certified mail with a return receipt requested not fewer than 10
days before it is to be heard.
(3)
Proof of
publication of a notice of the application in the official newspaper
not fewer than 10 days before it is to be heard.
(4)
Such exhibits
as set forth in the application.
C.
Time frame of
decision by Commission.
(1)
The Historic
Preservation Commission shall reach a decision on the application
within 45 days after the Secretary has declared an application to
be complete; otherwise, the application shall be deemed to have been
approved. Nothing herein shall prohibit an extension of time by mutual
agreement of the applicant and the Historic Preservation Commission
which may advise the applicant and make recommendations in regard
to the appropriateness of proposed action and may grant approval upon
such conditions as it deems appropriate within the intent and purpose
of this section of the chapter.
(2)
If an application
is approved, the Historic Preservation Commission shall forthwith
issue a certificate of appropriateness. If the Historic Preservation
Commission disapproves an application, the Historic Preservation Commission
shall state its reasons, in writing, in resolution form within 10
days of such a decision. In case of disapproval, the Historic Preservation
Commission shall notify the applicant, in writing, of such resolution
of disapproval, and reasons therefor, and provide the applicant with
a certified copy thereof. A summary of the Historic Preservation Commission's
action shall be published in the official newspaper within 10 days
of such action.
(3)
The Secretary
of the Historic Preservation Commission shall forward a copy of the
Commission's written action on an application to the Zoning Officer,
the Construction Official and the Borough Planning Board (if such
body is also reviewing the application) within 10 days of the Commission's
decision.
D.
Appeal to Commission
of hardship. In the event that the applicant alleges that compliance
with the requirements of this section of this chapter would be an
unreasonable hardship and that the nature of his application is such
that the change sought neither justifies the time and expense of the
plenary proceeding nor will impact negatively on the public good nor
specifically on the historic qualities sought to be preserved, the
Historic Preservation Commission, by a two-thirds affirmative vote
of its full authorized membership, may grant such relief from the
requirements of this section of this chapter as it deems consistent
with the public good and the purposes of this chapter.
E.
Request for certificate
of appropriateness for alteration creating negligible impact. An applicant
may allege that a certificate of appropriateness should be granted
without fulfilling all of the application requirements set forth herein
because the addition or alteration contemplated will not be visible
from any place to which the public normally has access and that said
addition or alteration cannot adversely affect the public interest
and cannot affect an architecturally significant elevation. In that
event the Historic Preservation Commission, by a majority vote of
its full authorized membership, upon finding that the applicant's
claim is accurate, may forthwith grant a certificate of appropriateness
on that basis.
In making its determinations and recommendations,
the Historic Preservation Commission shall take into consideration
specific standards, as set forth below:
A.
Demolitions.
In regard to an application to demolish a landmark or any improvement
within a landmark district, the following matters shall be considered:
(1)
Its historic,
architectural, archaeological and/or aesthetic significance.
(2)
Its use.
(3)
Its importance
to the municipality and the extent to which its historical, architectural
or archaeological value is such that its removal would be detrimental
to the public interest.
(4)
The extent
to which it is of such old, unusual or uncommon design, craftsmanship,
texture or material that it could not be reproduced or could be reproduced
only with great difficulty.
(5)
The extent
to which its retention would promote the general welfare by maintaining
real estate values; generating business; creating new jobs; attracting
tourists, students, writers, historians, artists and artisans; attracting
new residents; encouraging study and interest in American history;
stimulating interest and study in architecture and design; educating
citizens in American culture and heritage; or making the municipality
a more attractive and desirable place in which to live.
(6)
If it is
within a landmark district, the probable impact of its removal upon
the ambiance of the landmark district.
(8)
Its structural
condition and the economic feasibility of alternatives to the proposal.
(9)
Its significance
to the district as a contributing or noncontributing structure and
the probable impact of its removal on the district.
B.
Application to
move landmark out of the Borough. In regard to an application to move
an historic landmark to a location outside of the Borough, the following
matters shall be considered:
(1)
The historic
loss to the site of the original location.
(2)
The compelling
reasons for not retaining the landmark at its present location.
(3)
The proximity
of the proposed new location to the Borough, including the accessibility
to the residents of the Borough and other citizens.
(4)
The probability
of significant damage to the landmark itself, as a result of the move.
(5)
The compatibility,
nature and character of the current and of the proposed surrounding
areas as they relate to the protection of interest and values referred
to in this chapter.
C.
Removals within the Borough. In regard to an application to move an historic landmark in a landmark district to a location within the Borough, the following matters shall be considered in addition to the matters set forth in § 228-15B of this chapter:
D.
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into or to construct a new structure or add to or alter an existing structure within a landmark district, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 228-15G of this chapter.
E.
Considerations on other actions. In regard to an application for other approval of any proposed action, as set forth in § 228-13 of this chapter, the following matters shall be considered:
(1)
If a landmark
or a structure in a landmark district is involved:
(a)
The impact
of the proposed change on its historic and architectural character.
(b)
Its importance
to the Borough and the extent to which its historic or architectural
interest would be adversely affected to the detriment of the public
interest.
(c)
The extent
to which there would be involvement of textures and materials that
could not be reproduced or could be reproduced only with great difficulty.
(2)
The use of
any structure involved.
(3)
The extent
to which the proposed action would adversely affect the public's view
of a landmark or structure within a landmark district from a public
street.
(4)
If the application deals with a structure within a landmark district, the impact the proposed change would have on the character and ambiance of the landmark district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in § 228-15G of this chapter.
F.
Additional matters
considered. In regard to all applications, additional pertinent matters
may be considered but in no instance shall interior arrangement be
considered except in all publicly owned buildings and when the interior
arrangements would have an impact on the exterior of the building.
G.
Visual compatibility
factors. The following factors shall be used in determining the visual
compatibility of a building, structure or appurtenance thereof with
the buildings and places to which they are visually related and shall
be known as "visual compatibility factors":
(1)
Height. The
height of the proposed building shall be visually compatible with
existing or adjacent buildings.
(2)
Proportion
of the building's front facade. The relationship of the width of the
building to the height of the front elevation shall be visually compatible
with the buildings and places to which it is visually related.
(3)
Proportion
of openings within the facility. The relationship of the width of
the windows to the height of the windows in a building shall be visually
compatible with the buildings and places to which it is visually related.
(4)
Rhythm of
solids to voids on front facade. The relationship of solids to voids
in the front facade of a building shall be visually compatible with
the buildings and places to which it is visually related.
(5)
Rhythm of
spacing of buildings on streets. The relationship of the building
to the open space between it and the adjoining buildings shall be
visually compatible with the buildings and places to which it is visually
related.
(6)
Relationship
of entrance and/or porch projections. The relationship of the entrance
or entrances and the porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
Relationship
of materials, texture and color. The relationship of materials, texture
and color of the façade and roof of a building shall be visually
compatible with the predominant materials used in the buildings to
which it is visually related.
(8)
Roof shapes.
The roof shapes of a building shall be visually compatible with the
buildings to which it is visually related.
(9)
Walls of
continuity. Appurtenances of a building, such as walls, open-type
fencing and evergreen landscape masses, shall form cohesive walls
of enclosure along a street to the extent necessary to maintain visual
compatibility of the building with the buildings and places to which
it is visually related.
(10)
Scale of
building. The size of a building, the mass of a building in relation
to open spaces and to the existing windows, door openings, porches
and balconies shall be visually compatible with the existing structure
or structures and places to which it is visually related.
(11)
Directional
expression of front façade. A building shall be visually compatible
with buildings and places to which it is visually related in its directional
character, whether this be vertical character, horizontal character
or nondirectional character.
(12)
Exterior
features. A structure's related exterior features, such as lighting,
fences, signs, sidewalks, driveways and parking areas, shall be compatible
with the features of those structures to which it is visually related
and shall be appropriate for the historic period for which the structure
is significant.[1]
[1]
Editor's Note: Original § 50-16
of the 1966 Code, Visual relationship of new buildings and structures
to nearby historic landmarks and districts, which immediately followed
this subsection, was repealed 12-9-1997 by Ord. No. 97-1074.
A.
Approved certificate
of appropriateness deemed positive recommendation. If a certificate
of appropriateness has been issued for an application that requires
approval of the Planning Board, the certificate of appropriateness
shall be deemed to be a positive recommendation to that body as to
the historic preservation aspects of the matter before that body.
The Planning Board may, nevertheless, affirm or deny the application
based on the entire record before it, notwithstanding the certificate
of appropriateness as to the historic preservation aspects.
B.
Denial of certificate.
If a certificate of appropriateness is denied by the Commission notwithstanding
any approval by the Planning Board, the administrative officer charged
with issuing the permit for which the action or development application
relates shall deny issuance pursuant to N.J.S.A. 40:55D-111.
C.
Appeals relating
to a certificate of appropriateness. An appeal of the grant or denial
of a certificate of appropriateness may be had as follows:
(1)
If the Construction
Official refuses to issue a permit based on denial of a certificate
of appropriateness, written appeal shall be made with the Planning
Board, as appropriate, within 20 days after such denial.
(2)
If the Planning
Board denies or grants a development application in the course of
which it accepts or rejects the recommendation of the Commission,
as signified by the denial or issuance of a certificate of appropriateness,
as the case may be, appeal would lie with the governing body of the
Borough of Montvale only in those cases where an appeal exists to
the governing body from a decision of the Planning Board.
D.
Right of judicial
review. Nothing herein shall be deemed to limit the right of judicial
review of the municipal action after an appeal is concluded by the
Planning Board or the governing body of the Borough of Montvale, as
the case may be.
Any person who shall undertake any activity
in relation to a landmark or improvement within a landmark district
without first having obtained a certificate of appropriateness shall
be deemed to be in violation of this chapter.
A.
Service of notice
of violation. Upon learning of the violation, the Construction Official
shall personally serve upon the owner of the lot whereon the violation
is occurring a notice describing the violation in detail and giving
the owner 10 days to abate the violation by restoring the landmark
or improvement to its status quo ante. If the owner cannot be personally
served within the municipality with said notice, a copy of the same
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 last
known address, as it appears on the Borough tax rolls.
B.
Issuance of summons
and complaint. In the event that the violation is not abated within
the specified ten-day period following service and/or posting on the
site in question, whichever is earlier, the Construction Official
shall cause to be issued a summons and complaint, returnable in the
Municipal Court, charging violation of this chapter. Each separate
day the violation exists shall be deemed to be a new and separate
violation of this chapter.
C.
Penalties. Any person or persons who violate or who permit, take part or assist in any violation of this chapter shall, for each and every violation thereof, and for each and every day that such violation thereof continues, be subject to the penalties set forth in Chapter 1, Article I, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Injunctive relief.
In the event that any action which would permanently and/or adversely
change the landmark district, such as demolition or removal, is about
to occur without a certificate of appropriateness having been issued,
the Construction Official is hereby authorized to apply to the Superior
Court of New Jersey for such injunctive relief as is necessary to
prevent the destruction of any landmark.
Recognizing the need for preventive maintenance
to ensure the continued useful life of landmarks and structures in
landmark districts, the governing body of the Borough of Montvale
hereby declares that code enforcement in relation to landmarks and
structures in landmark districts is a high municipal priority.
A.
Deterioration
and service of notice of violation. In the event that any landmark
or improvement in a landmark district deteriorates to the point that,
in the best estimate of the Borough Construction Official, the cost
of correcting the outstanding code violation equals more than 25%
of the cost of replacing the entire improvement on which the violations
occur, the Construction Official shall serve personally or by certified
mail, return receipt requested, a notice on the owner of the landmark
listing the violations, the estimate for their abatement, and the
replacement cost of the improvement and stating if the owner does
not take all necessary remedial action within 90 days, or such extensions
of time as the Construction Official shall for good cause grant, the
Borough may at the expiration of the ninety-day period, enter upon
the property in question and abate the violations itself and cause
the cost thereof to become a lien on the property.
B.
Request for hearing
by property owner.
(1)
Upon receipt
of such notice from the Borough Construction Official, the owner may,
within 10 days after such a receipt, notify the Construction Official
of his wish to have a hearing as to the allegations and estimates
set forth in the Construction Official's notice. Such hearing shall
be conducted by the Planning Board and shall, so far as possible,
be a formal adversary proceeding in which the Planning Board shall
establish the matters alleged in the notice by a preponderance of
the evidence.
(2)
If the owner does not request a hearing, the procedures set forth in § 228-18A in this chapter shall pertain. If a hearing is requested, the Construction Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to § 228-18A of this chapter.
C.
Violation abatement
by Borough.
(1)
Thereafter,
if the owner of the property in question does not comply, the Construction
Official may enter onto the premises and, by use of Borough labor
or outside contractors, or both, perform such work as is necessary
to abate all violations. All such work shall be in compliance with
this chapter. The Construction Official shall then certify to the
governing body of the Borough of Montvale the cost of such work, plus
all administrative, clerical and legal costs and overhead attributable
thereto, and shall present the same to the governing body of the Borough
of Montvale.
(2)
The governing
body of the Borough of Montvale may, by resolution, vote to cause
the sum so certified to become a lien upon the landmark property in
question, payable with the next quarter's property taxes, and, if
not paid, bearing interest at the same rate as delinquent taxes.
D.
Emergent situations.
In the event of a fire, storm, act of God or other disaster which
affects a landmark, the Borough official in charge shall contact the
Chairman of the Historic Preservation Commission, if possible, under
the circumstances prior to taking any action with regard to said landmark.
Failure of said official to contact the said Chairman shall not be
considered a violation of this chapter.
It shall be the duty of all Borough 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 and, if it should, to inform, in writing, both
the Secretary of the Commission and the applicant in a timely fashion.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
If any section or provision of this chapter
shall be held invalid in any court, the same shall not affect the
other sections or provisions of this chapter, except so far as the
section or provision so declared invalid shall be inseparable from
the remainder or any portion thereof.
All ordinances or parts of ordinances which
are inconsistent herewith are repealed to the extent of such inconsistency.
This chapter shall take effect immediately upon
its passage by the Borough of Montvale.
