[1983 Code § 27-1]
In keeping with the motto of the Borough of Pompton Lakes "Where
The Historic Past Meets The Progressive Future," there is created
in and for the Borough of Pompton Lakes a Commission to be known as
the "Pompton Lakes Historic Preservation Commission," hereinafter
referred to as the "Commission."
[1983 Code § 27-2]
The regulations set forth in this chapter are intended to effect
and accomplish the protection, enhancement and perpetuation of noteworthy
examples or elements of the Borough's environment and to create
an organizational method to accomplish its purposes, which are:
A.
To safeguard the heritage of the Borough of Pompton Lakes by preserving
resources within the Borough which reflect elements of its cultural,
social, economic and architectural history.
B.
To encourage the continued use of historic landmarks and to facilitate
their appropriate reuse.
C.
To maintain and develop an appropriate and harmonious setting for
the historic and architecturally significant buildings, structures,
site objects or districts within the Borough of Pompton Lakes.
D.
To stabilize and improve property values within the district and
foster civic pride in the built environment.
E.
To promote appreciation of historic landmarks for education, pleasure
and the welfare of the local population.
F.
To spur beautification and private reinvestment.
G.
To manage change by preventing alteration or new construction not
in keeping with an historic district.
H.
To discourage the unnecessary demolition of historic resources.
I.
To recognize the importance 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.
J.
To encourage the proper maintenance and preservation of historic
settings and landscapes.
K.
To encourage appropriate alterations of historic landmarks.
L.
To enhance the visual and aesthetic character, diversity, continuity
and interest in the Borough.
M.
To promote the conservation of historic sites and districts and to
invite voluntary compliance.
N.
To create an agency which will work with and advise the Planning
Board and the Zoning Board of Adjustment on the effect of development
application on designated historic landmarks or improvements within
an historic district by a review by the Commission of all major development
activities based upon objective criteria compatible with 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. The regulations shall be viewed as having
an independent basis pursuant to the provisions of N.J.S.A. 40:55D-107.
[1983 Code § 27-3]
As used in this chapter:
The construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior architectural
appearance of any landmark.
The Zoning Officer of the Borough of Pompton Lakes.
Any major development activity which alters the exterior
architectural appearance of an historic landmark or any improvement
within an historic district.
Any work done on any improvement which is not an addition
to the improvement and constitutes a major change by addition or replacement
in the exterior architectural appearance of an improvement.
A structure created to shelter human activity.
Partial or total razing or destruction of any landmark or
of any improvement within an historic district.
The condition of being in need of repairs; a structure or
building in disrepair.
A geographically definable area, urban or rural, small or large,
possessing a significant concentration, linkage or continuity of sites,
buildings, structures and/or objects, which viewed collectively:
Represent a significant period or periods of development of
the Borough of Pompton Lakes;
Have a distinctive character resulting from their architectural
style; or
Because of their distinctive character, can readily be viewed
as an area or neighborhood distinct from surrounding portions of the
Borough.
Resources within an historic district shall be classified as
either key, contributing or noncontributing, which are defined as:
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the historic district, either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.
Any buildings, structures, sites, objects or districts which
possess integrity of location, design, setting, materials, workmanship
and association and which have been determined, pursuant to the terms
of this chapter, to be:
Of particular historic significance to the Borough of Pompton
Lakes by reflecting or exemplifying the broad cultural, political,
economic or social history of the nation, state or community.
Associated with the historic personages important in national,
state or local history.
The site of an historic event which had a significant effect
on the development of the nation, state or community.
An embodiment of the distinctive characteristics of a type,
period or method of architecture or engineering.
Representative of the work of an important builder, designer,
artist or architect.
Significant for containing elements of design, detail, materials
or craftsmanship which represent a significant innovation.
Able or likely to yield information important in prehistory
or history.
The body which, for the purposes of this chapter, acts as
the Historic Preservation Commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
Any structure or any part thereof 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 120 continuous
days.
The division of a parcel of land into two or more parcels,
a construction or construction conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining activity or landfill, any use or change of use of any building
or structure of land or extension thereof or use of land for which
permission may be required pursuant to the Municipal Land Use Law.
A thing of functional, aesthetic, cultural, historic or scientific
value that may be, by nature or design, moveable yet related to a
specific setting or environment.
The repairing 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. "Ordinary maintenance" shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials having the same appearance.
A zoning district made up of underlying zone districts or parts of zone districts as shown on the Borough of Pompton Lakes Zoning Map as adopted in Chapter 190, Zoning and Land Use. An "overlay zone district" controls certain standards with the exception of bulk and use requirements, which are controlled by the underlying zone district(s).
To partially or completely remove a structure substantially
intact.
Any work done on any improvement which:
Major repairs affecting the exterior architectural appearance
of a structure when a building permit is required for the same.
The place where a significant event or pattern of events
occurred. It may be the location of prehistoric or historic occupations
or activities that may be marked by physical remains or it may be
the symbolic focus of a significant event or pattern of events that
may not have been actively occupied. A "site" may also be the location
of a ruined building, structure or object if the location itself possesses
historic, cultural or archeological significance.
Any man-made work arranged in a definite pattern of organization.
A zoning district which forms a constituent part of an overlay
zone district. "Underlying zone districts" control bulk and use requirements.
[1983 Code § 27-4]
The following regulations shall apply to all landmarks in a district and to any other historic resources which are designated in accordance with the procedures outlined in Section 17-7.
[1983 Code § 27-5]
All uses permitted for an historic landmark or for structures within an historic district shall be those designated by the Zoning Ordinance, codified as Chapter 190, Zoning and Land Use. Such uses shall not be altered by further designation as an historic district.
[1983 § 27-6]
A.
The Historic Preservation Commission shall consist of seven regular
members and not more than two alternate members, all of whom shall
serve without compensation. Members shall be appointed from the following
categories, and there shall be at least one member of each of the
following classes:
1.
CLASS A — A person who is knowledgeable in building design
and construction or in architectural history and who may reside outside
the municipality.
2.
CLASS B — A person who is knowledgeable or with a demonstrated
interest in local history, who may reside outside the municipality.
3.
CLASS C — A citizen of the Borough of Pompton Lakes who shall
hold no other municipal office, position or employment except for
membership on the Planning Board or the Zoning Board of Adjustment.
B.
Alternate members shall meet the qualifications of Class C members.
C.
Of the regular members, a total of at least one fewer than a majority
shall be of Classes A and B.
D.
Appointment of members. All members of the Commission shall be appointed
by the Mayor. The Mayor shall designate, at the time of appointment,
the regular members by class and the alternate members, if any, as
Alternate Member No. 1 and Alternate Member No. 2.
E.
This chapter shall not affect the original appointments of members
made pursuant to Ordinance No. 88-23, and their terms and designations
shall remain unaffected. Said members have been appointed so that
to the greatest practical extent the expiration of the terms shall
be distributed, in a case of regular members, evenly over the first
four years after their appointments. Except as hereinafter provided,
all appointments of regular members shall be for a term of four years,
and appointments of all alternate members shall be for a term of two
years. Nevertheless and notwithstanding any other provisions hereof,
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 with the Historic
Preservation Commission and the Board of Adjustment shall be for the
term of membership on the Board of Adjustment.
F.
Vacancy. A vacancy occurring otherwise than by expiration of the
term shall be filled for the unexpired term only.
G.
Removal. A member of the Historic Preservation Commission may, after
public hearing if he requests it, be removed by the governing body
for cause.
H.
Rules and regulations. The Commission shall adopt rules and procedures
for the transaction of its business, subject to the following:
1.
The Commission shall elect from its members a Chairman and a Vice
Chairman.
2.
A quorum for the transaction of all business shall be four members.
In the absence of a regular member, alternate members shall be included
to determine a quorum.
3.
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 Member
No. 1 shall vote.
4.
No member of the Commission shall act on any matter in which he has
either directly or indirectly any personal or financial interest.
5.
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.
6.
The Commission shall employ, designate or elect a Secretary, who
need not be a member of the Commission. The Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determinations and decisions. All
such material shall be made public record.
7.
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. Expenditures
pursuant to this paragraph shall not exceed, exclusive of gifts or
grants, the amount appropriated by the governing body for the Commission's
use.
8.
Commission meetings shall be scheduled at least once every month
or as often as required to fulfill its responsibilities and duties.
I.
Responsibilities of the Commission. The Historic Preservation Commission
shall be responsible:
1.
To review historical survey material and, if necessary, to update
said material at least every other year to incorporate any newly acquired
historical documentation and to reflect changes to a resource's
integrity or condition.
2.
To recommend to the Planning Board and the Town Council sites to be designated as historic landmarks in accordance with the procedures established in Section 17-7.
3.
To conduct research on and, if necessary, to nominate any additional
significant resources to the State Inventory of Historic Places and
National Register of Historic Places. If the Borough is certified
under the state's Certified Local Government (CLG) Program, the
Commission shall, in accordance with the state's CLG guidelines,
review and comment on all State Inventory and National Register nominations
for historic resources within the Borough of Pompton Lakes.
4.
To recommend to the Planning Board guidelines for review to be utilized
in determinations of historic landmark status and for review of projects
affecting historic landmarks or improvements within historic districts.
The Planning Board may recommend modifications to the guidelines and
shall make the final decision as to their adoption.
5.
To advise the Planning Board and Zoning Board on how development and zoning applications affect historic landmarks in accordance with the procedure established in Section 17-9.
6.
To review all major actions, including those involving building permit applications, which affect the exterior architectural appearance of historic landmarks or improvements within an historic district and to advise the Planning Board on the approval of said requests in accordance with the procedure established in Section 17-10.
7.
To review all major actions and applications for action affecting the exterior architectural appearance of an historic landmark or an improvement within an historic district and to make recommendations to the Planning Board in accordance with the criteria outlined in Section 17-10.
8.
To assist other public bodies in aiding the public in understanding
historic resources' significance and methods of preservation.
9.
To advise the governing body 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; therefore securing state, federal and other grants in aid to
assist therein and monitoring such projects once underway.
10.
To secure the voluntary assistance of the public and, within the
limits of the budget established by the governing body for the Historic
Preservation Commission's operation, to retain consultants and
experts and incur expenses to assist the Historic Preservation Commission
in its work.
11.
To cooperate with local, County, state or national historic societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this chapter.
12.
To request the governing body to seek, on its own motion or otherwise,
injunctive relief for violations of this chapter or other actions
contrary to the intent and purposes of this chapter.
13.
To advise and assist the Planning Board during the preparation and/or
update of an historic preservation plan element of the Master Plan
and six-year capital improvement program.
14.
To prepare and distribute an historic district guideline handbook
to be utilized for application reviews and foster appropriate rehabilitations
within the historic district.
15.
To advise and assist property owners and other persons and groups,
including neighborhood organizations, who are interested in historic
preservation.
16.
To undertake educational programs, including the preparation of publications
aimed at stimulating interest in and sensitivity to historic preservation
and the placing of historic markers on structures.
17.
To report at least annually to the governing body on the state of
historic preservation in the Borough and to recommend measures to
improve the same.
18.
To collect and disseminate material on the importance of historic
preservation and techniques for achieving the same.
19.
To advise all municipal agencies regarding goals and techniques of
historic preservation.
20.
To adopt and promulgate such regulations and procedures not inconsistent
with this chapter as are necessary and proper for the effective and
efficient performance of the duties herein assigned.
21.
To perform any other lawful activities which shall be deemed necessary
to further the purposes of this chapter.
22.
To prepare a survey of historic sites of the municipality pursuant
to criteria identified in the survey report.
23.
To make recommendations to the Planning Board on historic preservation
plan elements of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
24.
To advise the Planning Board on the inclusion of historic sites in
the recommended capital improvement program.
25.
To advise the Planning Board and Zoning Board of Adjustment on applications
for development.
26.
To provide written reports on the application of zoning ordinance provisions, codified as Chapter 190, Zoning and Land Use, concerning historic preservation.
27.
To carry out such other advisory, education and informational functions
as will promote historic preservation in the Borough.
[1983 Code § 27-7]
A.
The Commission shall consider for landmark designation any additional
buildings, structures, objects, sites and districts within the Borough
which merit landmark designation and protection, possessing integrity
of location, design, setting, materials, workmanship or association
and being:
1.
Of particular historic significance to the Borough by reflecting
or exemplifying the broad cultural, political, economic or social
history of the nation, state or community.
2.
Associated with historic personages important in national, state
or local history.
3.
The site of a historic event which had a significant effect on the
development of the nation, state or community.
4.
An embodiment of the distinctive characteristics of a type, period
or method of architecture or engineering.
5.
Representative of the work of an important builder, designer, artist
or architect.
6.
Significant for containing elements of design, detail, materials
or craftsmanship which represents a significant innovation.
7.
Able or likely to yield information important in prehistory or history.
B.
Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark and of the landmark's significance pursuant to the criteria in Section 17-11, a description of the landmark's location and boundaries and a map siting. The Commission 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 or his opportunities and rights to challenge or contest
such designation.
3.
Notify each owner of the public meeting to be held in accordance
with paragraph C.
C.
The list of potential additional landmarks, as well as the description,
significance, location, boundaries and map siting of each, shall be
subject to review at a Commission public hearing. At least 10 days
before such hearing, a preliminary list and a map showing proposed
additional landmarks shall be published by the Commission, together
with notice of the hearing, in an official newspaper of the municipality.
At the hearing, interested persons shall be entitled to present their
opinions, suggestions and objections on the proposed recommendations
for landmark designation. The Commission shall then submit its recommendations
to the Planning Board which shall determine the designation of local
landmarks.
D.
The Commission shall prepare a concise report of its recommendations
for sites to be designated as local landmarks. Copies of the report
shall be delivered to the Planning Board and the Municipal Clerk and
a notice of the action published by the Commission Secretary in an
official newspaper of the Borough. The published notice shall state
the Commission's recommendations and also state that final designation
shall be made by the Planning Board at a public meeting specified
on a date not less than 15 nor more than 45 days from the date of
publication.
E.
Final determination that landmark status exists shall be made by
the Planning Board in accordance with paragraph D. Such a final determination
by the Planning Board shall create landmark status. A certificate
of designation shall be issued by the Planning Board. Within seven
days of the creation of landmark status, the Planning Board 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 to the governing body. The Commission or a member
of the public may seek to appeal the status directly to the governing
body upon giving notice of objecting thereto to the owners and persons
of record and the Planning Board. Such appeal shall be made within
30 days of the Planning Board's determination, and the governing
body shall have the power to either affirm, modify or vacate the decision
of the Planning Board as it deems proper. The hearing before the governing
body shall be de novo on the record.
F.
After Planning Board review and approval, the Commission shall submit
the list of designated landmarks and a map to the Municipal Clerk
for filing. The governing body shall then consider the designation
list and map and may approve, reject or modify the same by ordinance[1]. Once adopted, the designation list and map may be amended
in the same manner in which it was adopted. Upon adoption, the designation
list and map shall also be incorporated by reference into the municipal
Master Plan and Zoning Ordinance as required by state enabling legislation.
[1]
Editor's Note: The current list of approved historic
landmarks can be found at the end of this section as Exhibit A.
G.
The Municipal Clerk shall make public and distribute to all municipal
agencies reviewing development applications and building permits copies
of the designation list and Official Map as adopted. 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.
|
Exhibit A Historic Landmarks Borough of Pompton Lakes
[1983 Code 27 Attachment 1; Ord. No. 11-25] | |||
|---|---|---|---|
|
Landmark Name
|
Address
|
Block/Lot
|
Date Designated
|
|
Emanuel Einstein Memorial Library
|
333 Wanaque Avenue
|
Block 7000/Lot 28
|
June 21, 1994
|
|
Doctor's Island
|
Mathes Avenue
|
Block 9100/Lots 1 and 6 Block 5919/Lot 18
|
October 17, 1995
|
|
Pompton Furnace
|
777 Hamburg Turnpike
|
Block 6703/Lot 1
|
July 16, 1996
|
|
Bartholf Homestead
|
322 Broadway
|
Block 5800/Lot 7
|
April 20, 1999
|
|
Ironworkers Cottage
|
1238 Lincoln Avenue
|
Block 9400/Lot 31
|
December 12, 1999
|
|
Pompton Lakes High School
|
44 Lakeside Avenue
|
Block 6600/Lot 5
|
March 20, 2001
|
|
Lenox Elementary School
|
35 Lenox Avenue
|
Block 6300/Lot 20
|
March 20, 2001
|
|
Pompton Reformed Church
|
59 Hamburg Turnpike
|
Block 2800/Lot 9
|
March 20, 2001
|
|
Queen Anne style home
|
33 Ramapo Avenue
|
Block 6400/Lot 23
|
November 19, 2002
|
|
United States Post Office
|
49 Lakeside Avenue
|
Block 6200/Lot 3
|
April 15, 2003
|
|
The Pompton Lakes Train Station
|
1 Station Plaza
|
Block 12400/Lot 2.01
|
December 21, 2004
|
|
Second Empire Building
|
227 Hamburg Turnpike
|
Block 8300/Lot 12
|
October 18, 2005
|
|
The Schuyler House
|
43 Perrin Avenue
|
Block 4600/Lot 20
|
November 21, 2006
|
|
The Outlook
|
233 Bartholf Avenue
|
Block 6702/Lot 4
|
August 22, 2006
|
|
The Van Ness House
|
350 Riverdale Road (2 Riverdale Boulevard)
|
Block 9900/Lot 1
|
April 21, 2009
|
|
Christ Episcopal Church
|
400 Ramapo Avenue
|
Block 8300/Lot 3
|
August 11, 2011
|
|
USS Maine Monument
[Ord. No. 11-25] |
Wanaque Avenue and Patterson Hamburg Turnpike
|
October 26, 2011
| |
[1983 Code § 27-8]
A.
All building permits and development applications that affect an
historic landmark or an improvement within an historic district shall
be reviewed by the Commission. Such review shall be required for,
but not limited to, the following actions:
1.
Demolition of an historic landmark or of an improvement within an
historic district.
2.
Relocation of any improvement within an historic district or of any
historic landmark.
3.
Major change in the exterior architectural appearance of any improvement
within an historic district or of any historic landmark by addition,
alteration or replacement.
4.
Any new construction of an improvement in an historic district.
5.
Site plans or subdivisions affecting an historic landmark or an improvement
within an historic district.
6.
Zoning variances affecting an historic landmark or an improvement
within an historic district.
B.
In making a recommendation on an application, the Commission shall
be aware of the importance of finding a way to meet the current needs
of the applicant. The Commission shall also recognize the importance
of making recommendations that will be reasonable for this applicant
to carry out. Before any applicant prepares his plans, he may bring
a tentative proposal to the Commission for informal review and comment.
C.
Review by the Commission is not required:
1.
When an historic landmark requires major immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with Borough codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall not constitute a major replacement, provided that they are only such as are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible, and no major additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in Section 17-11.
2.
For changes to the interior structures.
3.
For ordinary repairs and maintenance which do not constitute a major
change to the appearance of the structure. The following are some
of the activities which may be permitted according to this criterion:
(a)
Complete replacement of existing windows and doors that replicate
the architectural period of the structure.
(b)
Repair of existing windows and doors; installation of storm windows
and doors that are compatible with the architectural period of the
structure.
(c)
Maintenance and repair of existing roofing material involving no
major change in the design, scale or appearance of the structure.
(d)
Structural repairs which do not substantially alter the exterior
architectural appearance of the building.
(e)
Replacement of existing roof structures such as cupolas, dormers
and chimneys or the repair of the same which does not substantially
alter the exterior architectural appearance of the structure.
(f)
Complete replacement of existing shingles, clapboards or other siding
that replicates the architectural period of the structure.
(g)
Maintenance and repair of existing shingles, clapboards or other
siding.
(h)
Exterior painting of existing structures.
(i)
Repairs, such as changes in or additions to existing signs, shutters,
outdoor displays, fences, hedges, street furniture, awnings, off-street
driveway and parking materials, installation or replacement of sidewalks
or exterior lighting for an historic district.
[1983 § 27-9]
A.
For all applications presented to the Planning Board or Zoning Board which affect an historic landmark or an improvement within an historic district, the property owner shall submit an historic landmark project review application to either the Planning Board or Zoning Board, as appropriate, along with the request for either Board's approval. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, these actions will be reviewed separately by the Commission in accordance with the procedures outlined in Section 17-11 of this chapter.
B.
The Planning Board or Zoning Board will forward to the Commission
a complete set of all application materials as well as the historic
landmark project review application. The Commission shall be allowed
at least 14 days from the day it receives a complete application to
prepare its recommendations to either the Planning Board or Zoning
Board. Said recommendations shall be in the form of a written report.
The Chairman or other authorized member of the Commission may present
the report orally to the Board and comment on the same before the
Board.
C.
The Commission's recommendation shall focus on how the proposed undertaking would affect a landmark's historic or architectural significance. In considering the Commission's recommendations, the Planning Board and Zoning Board shall be guided by the review criteria established in Section 17-11 of this chapter.
[1983 Code § 27-10]
A.
Prior to undertaking any action for which review is required pursuant
to this chapter which affects the exterior architectural appearance
of an historic landmark or an improvement within an historic district,
the property owner shall complete and submit to the Commission's
administrative officer an historic landmark project review application.
B.
If the proposed undertaking requires a building permit, the administrative
officer shall notify the applicant that he must submit an historic
landmark project review application to the Historic Preservation Commission.
This includes, but is not limited to, permits for new construction,
demolition, alterations, additions or replacements affecting the exterior
architectural appearance of an historic landmark or an improvement
within an historic district.
C.
The Commission's administrative officer shall review the application
for technical completeness. Any application found to be incomplete
shall be returned to the applicant within 10 days of receipt of the
application.
D.
When an application is found to be technically complete, the administrative
officer shall schedule the application to be reviewed at the Commission's
next regularly scheduled meeting. The applicant shall be notified
of the meeting date and shall be allowed an opportunity to speak at
the meeting.
E.
The Commission shall recommend to the Construction Official either
the approval or denial of the application and shall explain, in writing,
the reasons for its recommendation. The Commission's recommendation
shall focus on how the proposed undertaking would affect a landmark's
historic or architectural significance as an historic landmark. The
Construction Official shall require that the Commission's recommendations
be incorporated in the plans. The applicant may appeal the Commission's
recommendations to the Planning Board.
F.
An application involving demolition or removal shall be referred by the Construction Official to the Planning Board. The Commission's recommendation to the Planning Board shall specifically include whether postponement should be considered by the Planning Board in accordance with Section 17-12. If the Planning Board votes to postpone, the Commission shall undertake such investigation and take such actions as the Planning Board requests.
G.
If the proposed undertaking involves a request for a building permit,
the Commission shall, upon completion of the Commission's recommendation
but not later than 45 days from the date that a complete application
is received by the Commission, issue the appropriate directive to
the Construction Official. If within the forty-five-day period the
Commission recommends to the Construction Official against the issuance
of a permit or recommends conditions to the permit to be issued, the
Commission shall notify the Construction Official to deny issuance
of the permit or include the conditions in the permit, as the case
may be. The Construction Official shall thereupon deny the request
for a permit or include the conditions. The applicant may appeal the
determination of the Commission to the Planning Board. Failure by
the Commission to report within the forty-five-day period shall be
deemed to constitute a report in favor of issuance of the permit and
without the recommendation of conditions to the permit.
H.
All appeals to the Planning Board taken pursuant to this section
shall be made within 30 days of the denial of the permit by the Construction
Official, otherwise, the applicant shall be deemed to have accepted
the Commission's recommendation.
[1983 Code § 27-11]
In reviewing an application for its effect on an historic landmark
or an improvement within an historic district, the following criteria
shall be used by the Historic Preservation Commission, the Planning
Board and the Zoning Board. The criteria set forth in paragraph A
relate to all projects affecting an historic landmark or an improvement
within an historic district. The criteria set forth in paragraphs
B through E relate to specific types of undertakings and shall be
used in addition to the general criteria set forth in paragraph A.
A.
In regard to all applications affecting an historic landmark or an
improvement within an historic district, the following factors shall
be considered:
1.
The impact of the proposed change on the historic and architectural
significance of the landmark or the historic district.
2.
The landmark's importance to the municipality and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest.
3.
The use of any structure involved.
4.
The extent to which the proposed action would adversely affect the
public's view of a landmark or structure within an historic district
from a public street.
5.
If the application deals with a structure within an historic district,
the impact the proposed change would have on the district's architectural
or historic significance 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 herein.
B.
In regard to an application for new construction, alterations, additions
or replacements affecting an historic landmark or an improvement within
an historic district, the following factors shall be considered:
1.
Height. The height of the proposed building shall be visually compatible
with adjacent buildings.
2.
Proportion of the building's front facade. The relationship
of the width of the building to the height of the front elevations
shall be visually compatible with buildings and places to which it
is visually related.
3.
Proportion of openings within the facility. The relationship of the
width of windows to the height of windows in a building shall be visually
compatible with buildings and places to which it is visually related.
4.
Rhythm of spacing of buildings on streets. The relationship of the
building to the open space between it and adjoining buildings shall
be visually compatible with buildings and places to which it is visually
related.
5.
Rhythm of solids to voids on facades fronting on public places. The
relationship of solids to voids in such facades of a building shall
be visually compatible with buildings and places to which it is visually
related.
6.
Rhythm of entrance and/or porch projections. The relationship of
entrance and porch projections to the street shall be visually compatible
with buildings and places to which it is visually related.
7.
Roof shape. The roof shape of a building shall be visually compatible
with buildings and places to which it is visually related.
8.
Scale of building. The size of a building, the mass of a building
in relationship to open spaces and the windows, door openings, porches
and balconies of a building shall be visually compatible with buildings
and places to which it is visually related.
9.
Directional expression of front elevation. 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.
C.
Supplemental design guidelines; intent.
1.
Supplemental design guidelines which should be considered in evaluating
the appropriateness of changes to an historic landmark or within an
historic district are as follows:
(a)
Relationship of materials, texture and color. The relationship
of materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related.
(b)
Walls of continuity. Appurtenances of a building, such as walls,
open-type fencing, evergreens and landscape masses, shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the main buildings with the buildings and
places to which it is visually related.
(c)
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. New signage shall also
abide by any supplemental historic design graphic standards that may
be developed by the Commission for the district.
2.
It is not the intent of this chapter to discourage contemporary architectural
expression or to encourage new construction which emulates existing
buildings of historic or architectural style but rather to preserve
the integrity and authenticity of the historic preservation districts
and to ensure the compatibility of new structures therein.
D.
In regard to an application to demolish an historic landmark or any
improvement within an historic district the following matters shall
be considered:
1.
Its historic, architectural, cultural or scenic significance.
2.
If it is within an historic district, the significance of the structure
in relation to the historic character of the district and the probable
impact of its removal on the district.
3.
Its potential for use for those purposes currently permitted by the Zoning Ordinance, codified as Chapter 190, Zoning and Land Use.
4.
Its structural condition and the economic feasibility of alternatives
to the proposal.
5.
Its importance to the municipality and the extent to which its historical
or architectural value is such that its removal would be detrimental
to the public interest.
6.
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it could be reproduced only
with great difficulty and expense.
7.
The extent to which its retention would promote the general welfare
by maintaining and increasing the real estate values, generating business,
attracting tourists, attracting new residents, stimulating interest
and study in architecture and design or making the municipality an
attractive and desirable place in which to live.
8.
If it is within an historic district, the probable impact of its
removal upon the ambience of the historic district.
E.
In regard to an application to move any historic landmark or to move
any structure within an historic district, the following matters shall
be considered:
1.
The historic loss to the site of original location and the historic
district as a whole.
2.
The reasons for not retaining the landmark or structure at its present
site.
3.
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.
4.
If the proposed new location is within a district, visual compatibility
factors as set forth in paragraph A5.
5.
The probability of significant damage to the landmark or structure
itself.
6.
If it is to be removed from the Borough, the proximity of the proposed
new location to the Borough, including the accessibility to the residents
of the Borough and other citizens.
F.
Demolition application.
1.
In its review of an application to demolish a site, the Commission
may require the applicant to prepare a financial analysis which may
include any or all of the following:
(a)
The amount paid for the property, the date of purchase and the
party from whom purchased, including a description of the relationship,
whether business or familial, if any, between the owner and the person
from whom the property was purchased.
(b)
The assessed value of the land and improvements thereon according
to the most recent assessment.
(c)
For depreciable properties, a pro forma financial statement
prepared by an accountant or broker of record.
(d)
All appraisals obtained by the owner in connection with his
purchase or financing of the property or during his ownership of the
property.
(e)
A bona fide offer of the property for sale or rent, the price
asked and offers received, if any.
(f)
Any consideration by the owner as to profitable, adaptive uses
for the property.
2.
The Commission shall study the question of economic hardship for
the applicant and shall determine whether the site or the property
in the historic district or an historic landmark can be put to reasonable
beneficial use without the approval of the demolition application.
In the case of an income producing building, the Commission shall
also determine whether the applicant can obtain a reasonable return
from his existing building. The Commission may ask applicants for
additional information to be used in making these determinations.
3.
Prior to the issuance of a demolition permit, the Planning Board
may require the applicant to provide documentation of the resource
proposed for demolition. Such documentation may include photographs,
floor plans, measured drawings, an archeological survey and any other
comparable form of documentation stipulated by the Commission.
4.
During the demolition, members of the Commission or its staff or
agents shall be present to save, protect and/or receive valuable parts
of the building. The Commission and its staff or agents shall be permitted
to conduct a dig at the site if necessary. The site shall be properly
restored after demolition, including grading and landscaping.
[1983 Code § 27-12]
A.
Approval by either the Commission, Planning Board or Zoning Board
in accordance with the provisions of this chapter shall be deemed
to be final approval pursuant to this chapter. Such approval shall
neither cause nor prevent the filing of any collateral application
or other proceeding required by any other municipal ordinance to be
made prior to undertaking the action requested concerning the landmark
or improvement in an historic district.
B.
Denial of approval for a development application or of a building
permit shall be deemed to bar the applicant from undertaking the activity
which would affect the landmark or improvement in an historic district
which was the subject of the denied application.
C.
The governing body shall not hear any appeals from decisions of a
municipal agency regarding a development application for a project
located within a designated historic district or involving an historic
landmark except as may otherwise be provided for appeals of grants
of use variances.
D.
The granting or denial of approval for a building permit by the Construction
Official pursuant to the provisions of this chapter may be appealed
to the Zoning Board in the same manner as if the appeal were taken
pursuant to N.J.S.A. 40:55D-72 from any action by the Construction
Official.
[1983 Code § 27-13; New]
A.
Any person who shall undertake an activity which has a major impact
on the exterior architectural appearance of an historic landmark or
an improvement within an historic district and which requires a building
permit without obtaining the review of the Historic Preservation Commission
shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer 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 the condition it was in prior to the violation occurring. If the
owner cannot be personally served within the municipality with said
notice, a copy shall be posted on the site and a copy sent to the
owner at his last known address as it appears on the municipal tax
rolls.
C.
In the event that the violation is not abated within 10 days of service
or posting on site, whichever is earlier, the Zoning Officer shall
cause to be issued a summons and complaint, returnable in the municipal
court, charging violation of this chapter and specifying the wrongful
conduct of the violator. Each separate day the violation exists shall
be deemed to be a new and separate violation of this chapter.
E.
If any person shall undertake any major activity affecting the exterior
architectural appearance of a structure and requiring a building permit
and affecting an historic landmark or any improvement within an historic
district without first having obtained approval, he shall be required
to immediately stop the activity, apply for approval and take any
necessary measures to preserve the landmarks affected pending a decision.
If the project is denied, he shall immediately restore the landmark
to its preactivity status. The Zoning Officer is hereby authorized
to seek injunctive relief regarding a stop action on restoration in
the Superior Court, Chancery Division, not less than 10 days after
the delivery of notice pursuant to paragraph B hereof. Such injunctive
relief shall be in addition to the penalties authorized under paragraph
D hereof.
F.
In the event that any action which would permanently affect an historic
landmark or historic district or a demolition to remove the landmark
is about to occur without approval having been issued, the Zoning
Officer is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
[1983 Code § 27-14]
No duties or powers of the Commission shall supersede or infringe
on the powers of other municipal boards and committees.
