[HISTORY: Adopted by the Council of the City of Perth Amboy . Amended in its entirety 12-14-2022 by Ord. No. 2069-2022. Prior history includes Ord. No. 691-93; Ord. No. 709-94; Ord. No. 1528-2010. Amendments noted where applicable.]
The City of Perth Amboy finds and declares that the quality of life in Perth Amboy cannot be maintained or enhanced by disregarding the historical and architectural heritage of the City and by countenancing the destruction of such cultural assets. The historic heritage of the City is among its most valued and important educational, cultural and economic assets. As a matter of public policy, the protection, enhancement, perpetuation and use of improvements of special character or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. Therefore, the City of Perth Amboy wishes to provide for the protection of historic districts, sites, structures, and other landmarks and open spaces within the City in order to:
A. 
Protect and improve the quality of its environment through identification, recognition, conservation, maintenance and enhancement of historic districts, sites, structures, and other landmarks and open spaces that constitute or reflect distinctive features of the political, economic, social, cultural or architectural history of the City and its distinctive physical features.
B. 
Safeguard the City's historic, aesthetic and cultural heritage as embodied and reflected in such historic districts, sites, structures, and other landmarks and open spaces.
C. 
Foster appropriate use and wider public knowledge and appreciation of such historic districts, sites, structures, and other landmarks and open spaces.
D. 
Foster a sense of community and a feeling of civic pride in the beauty and noble accomplishments of the past.
E. 
Enhance the City's attractiveness to heritage tourists and other visitors, and increase the support and stimulus to business and industry thereby provided.
F. 
Make the City more attractive and encourage residents to remain in Perth Amboy as well as attract new residents.
G. 
Strengthen the economy of Perth Amboy and stabilize and improve property values herein.
H. 
Promote the use of landmarks for the education, pleasure and welfare of the people of Perth Amboy and its visitors.
I. 
Prevent the unnecessary demolition or destruction of historic resources, and promote adaptive reuse when feasible.
J. 
Prevent the destruction of archaeological resources that could yield useful information about the history and heritage of the City, state, and nation.
K. 
Resist and restrain environmental influences adverse to such purposes.
L. 
Encourage private and public efforts in support of such purposes and, by furthering such purposes, promote the public welfare, strengthen the cultural and educational life of the City and make the City a more attractive and desirable place to live and work.
As used in this chapter, the following terms shall have the meanings indicated.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a different purpose.
ADMINISTRATIVE OFFICER
The municipal official designated by ordinance to be the City's primary contact and point person for historic preservation. Among other things, this person reviews permits and applications for projects that involve historic sites and landmarks, works with and is liaison to the Historic Preservation Commission, and who is responsible for coordinating, promoting, and implementing the City's historic preservation program.
ALTERATION OR ADDITION, STRUCTURAL
Any additions, changes, or rearrangement in the supporting members of a building such as walls, foundations, columns, beams, girders, posts or piers; or any additions to or enlargements of an existing structure requiring walls, foundations, columns, beams, girders, posts or piers; or the moving of a structure from one location or position to another. Within historic districts, any additions, changes or modifications for a building, structure, object, site or landscape feature that is not classified as a minor alteration or ordinary repair.
ALTERATION, MINOR
Replacement or renewal of existing work of a building, structure, object, site or landscape feature with the same or equivalent materials or equipment parts, which are made in the ordinary course of maintenance and that do not in any way affect health, fire or structural safety of the building, structure, object, site or landscape feature or affect the design or integrity of the historic fabric of the building, structure, object, site or landscape feature.
CERTIFICATE OF APPROPRIATENESS
A document attesting that proposed work within a historic district or affecting a historic site or other landmark building, structure, object, site or landscape feature, has been reviewed and deemed appropriate and consistent with the purpose of this chapter by the Commission.
CERTIFICATE OF ELIGIBILITY OR A COE
A document issued by the State Historic Preservation Office to historic sites and other landmarks that are deemed eligible for listing in the New Jersey Register of Historic Places, but have not yet been listed. A COE makes the site or landmark eligible to receive funds from the New Jersey Historic Trust or county preservation programs.
CERTIFICATE OF NO EFFECT
A document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed by the Administrative Officer and/or the Historic Preservation Commission and is not detrimental to an historic district, site, or landmark on which the work is to be done or neighboring buildings, structures, objects, sites or landscape features.
CITY
City of Perth Amboy.
CITY COUNCIL
The legislative body or governing body of the City of Perth Amboy.
CONTRIBUTING PROPERTY
A resource in a historic district or cluster that contributes to its historical significance and association and that shall be afforded the same considerations as landmarks.
DEMOLITION
The dismantling or demolishing of all or part of a building, structure, object, site or landscape feature.
EFFECT, ADVERSE
A negative change in the quality or characteristics of the historical, architectural, archaeological or cultural significance of a historic district, historic site, or other landmark.
EVALUATION
The process of determining whether identified properties meet defined criteria or historical, architectural, archaeological or cultural significance.
GOVERNING BODY
The City Council of the City of Perth Amboy.
GREEN INFRASTRUCTURE
Various tools and structures, primarily of vegetation and soil, that manage stormwater and reduce stormwater runoff.
HISTORIC DISTRICT
An area defined as such by the City Council in accordance with the procedure set forth herein, or by a state or federal authority, and which may contain within definable geographic boundaries one or more landmarks or clusters, including their accessory buildings, fences and other appurtenances and natural resources, having historical, cultural, architectural, and archaeological significance. The District may have within its boundaries other buildings or structures, that while not of such historical, cultural, architectural or archaeological significance as to be designated landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks in the district.
HISTORIC PRESERVATION COMMISSION
The Perth Amboy Historic Preservation Commission, also referred to as "the Commission" and/or "the HCP," and which shall have and exercise the purely advisory and recommendatory functions set forth herein.
HISTORIC SITE
Any real property, human-made structure, natural object, vista or configuration, or any portion or group of the foregoing, of historical, archaeological, cultural, scenic, or architectural significance. An historic site may also be referred to as a "landmark" or "historical landmark" in this chapter.
HISTORIC/CULTURAL RESOURCE
Those districts, buildings, objects, artifacts, records, sites, landmarks, structures or landscape features of historical, cultural, architectural or archaeological importance, and whose demolition, destruction or alteration would constitute an irreplaceable loss to the quality, character, and heritage of Perth Amboy.
INTEGRITY
The ability of a property or element to convey its historical, architectural, or cultural significance; the retention of those essential characteristics and features that enable a property to effectively convey its significance.
INTRUSION
A building, object, site, structure or landscape feature that detracts from a landmark, historic district or cluster of historical significance because of its incompatibility with the historic district's or cluster's sense of time and place and historical development; or its incompatibility with the scale, height, materials, texture or color of the landmark, district, or cluster.
INVENTORY, HISTORIC
A listing of cultural, historical, architectural, and archaeological resources prepared by the City, state or federal government, or a recognized local historic authority, following standards set forth by federal, state and City regulations for evaluation of such properties.
LANDSCAPE FEATURE
Any body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, wall, sculpture or other form of natural or artificial landscaping.
MATCH
Either an exact or an approximate replication. If not an exact replication, the approximate replication shall be so designed as to achieve a harmonious result that exhibits the color, texture and dimensions of the original feature(s).
MLUL
The Municipal Land Use Law.
MULTIPLE PROPERTY HISTORIC GROUPING/DISTRICT
A series of individual listings of sites of historical, cultural, or architectural significance that are linked by a common theme rather than enclosed in a specific historic district boundary. Perth Amboy's buildings that feature architectural terra cotta, by way of example, are such a grouping.
NATIONAL REGISTER
The National Register of Historic Places is the official list of the nation's historical, cultural, architectural, and archaeological resources worthy of preservation. It includes districts, sites, structures, buildings, and objects of local, state, and national significance.
NEW JERSEY REGISTER
The New Jersey Register of Historic Places is New Jersey's official list of historical, cultural, architectural, and archaeological resources of local, state, and national interest.
NOMINATION
An application that proposes the inclusion of a site, district, landmark, structure, building, or object, in the listings that compose the National Register of Historic Places or the New Jersey Register of Historic Places.
NONCONTRIBUTING PROPERTY
A resource in a historic district or cluster that does not contribute to the historic architectural qualities, historic associations or archaeological values for which a resource is significant. Such properties were either not present during the period of significance; no longer possesses historic integrity reflecting their character; are incapable of yielding important information about the period due to alterations, disturbances, additions or other changes; or do not independently meet the National Register of New Jersey Register criteria.
NOTICE TO PROCEED
A document attesting that an emergency situation exists, as certified by the Administrative Officer, requiring an immediate issuance of a building permit or other permit to commence to stabilize, secure, repair or protect a landmark building, structure, object, site or landscape feature.
ORDINARY MAINTENANCE AND REPAIR
Replacement or renewal of the existing fabric of a building or a structure, site, object or landscape feature or of parts of the service equipment therein, with the same material or equipment parts; or work that does not affect the design or integrity of the historic fabric of the landmark building, structure, object, site or landscape feature; or any routine and cyclic work scheduled to mitigate wear and deterioration of a historic property.
PERMEABLE PAVEMENT
A pavement system that allows water to filter through the paving material or the grout between pavers into the soil or any underground storage reservoir
PERMIT
Any required approval, including but not limited to a construction permit, demolition permit, or zoning permit.
PERMITTED USE
Any use of land or buildings as permitted by this chapter in the zone in which it is situated.
PRESERVATION
The act or process of applying measures to sustain the existing form, integrity and materials of a building or structure. Work generally focuses upon the ongoing maintenance and repair of historic materials and features, rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
RECONSTRUCTION
The act or process of reassembling, reproducing or replacing by new construction the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replacement of missing earlier work or by reuse of original materials for historical preservation purposes.
REHABILITATION
The act or process of making possible a compatible contemporary use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.
RESTORATION
The act or process of accurately recovering the form and details of a building, object, site or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
SHPO OPINION
An opinion of eligibility for listing in the New Jersey Register and National Register issued by the State Historic Preservation Office (SHPO) in response to a federally funded activity that would have an effect on properties not yet listed.
SITE
The location of a significant event, a prehistoric or historic occupation or activity, or the location of a building, structure, object, or landscape feature, whether standing, ruined or vanished, where the location itself maintains historical, cultural, architectural, or archaeological value, regardless of the value of any existing structure.
STREETSCAPE
The visual character of the street, including but not limited to the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, color, sidewalks, curbing and landscaping.
WAIVER
Permission to depart from the requirements of an ordinance with respect to the submission of required documents, and/or compliance with particular design standards.
A. 
The Historic Preservation Commission shall consist of nine (9) regular members and may have not more than two (2) alternate members. There shall be one (1) member each of Class A and B and seven (7) members of Class C. Class qualifications shall be as follows:
(1) 
Class A: A person who is knowledgeable in building design and construction or 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 and who may reside outside the municipality.
(3) 
Class C: Citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.
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 (4) years after their appointment and, in the case of alternate members, evenly over the first two (2) years after their appointment, provided that the initial term of no regular member shall exceed four (4) years and that the initial term of no alternate member shall exceed two (2) years. Thereafter, the term of an alternate member shall be two (2) years.
C. 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
The Historic Preservation Commission shall select 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 create rules and procedures for the transaction of its business subject to the following regulations:
A. 
A quorum for the transaction of business shall consist of five (5) of the Commission's members, including the Chairman or, in his absence, the Vice Chairman.
B. 
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 public records.
C. 
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
D. 
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.
E. 
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
F. 
A member of the Historic Preservation Commission may (after public hearing if the member 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 governing body shall make provision in its budget and appropriate funds for the expenses of the Commission.
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 Corporation Counsel at the rate of compensation determined by the governing body unless the governing body, by appropriation, provides for separate legal counsel for the Commission. Expenditures pursuant to this 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 have the responsibility to:
A. 
Prepare a survey of historic sites of the City pursuant to criteria identified in the survey report.
B. 
Make recommendations to the Planning Board on the Historic Preservation Element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
C. 
Advise the Planning Board and the City Council on the inclusion of historic sites in the recommended capital improvement program.
D. 
Advise the Planning Board, Board of Adjustment, Redevelopment Commission, and the City Council, on applications for development and variance relief, with regard to historic sites, historic districts, landmarks, and other historical, cultural, architectural, or archaeological resources designated herein or hereby, or in any element of the Master Plan.
E. 
Review applications for demolition or partial demolition involving historic sites, historic districts, or other landmarks of historical, cultural, or architectural importance.
F. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the City of Perth Amboy.
G. 
Provide an annual report to the Planning Board, the Board of Adjustment, and the City Council on the state of historic preservation in the City and recommend measures to improve the same.
The Historic Preservation Commission shall be a purely recommendatory body, without any independent power or authority to effectuate historic or similar designations.
A. 
Proposals to designate (or to modify the designation thereof, or to de-designate the same) any property, Site or other Landmarks as historic pursuant to this ordinance may be made by the City Council, the Historic Preservation Commission, the Planning Board, the City Historian, or by the verified application of the owner(s) or authorized agent(s) of the individual property, Site or Landmark to be designated or, in the case of a proposed district, by the verified application of ten percent (10%) of the owners of record or persons residing within the district, or by verified application of any organization with a recognized interest in historic preservation, in accordance with the following procedures:
(1) 
Nomination proposals. The party proposing a property, Site or Landmark for designation hereunder shall prepare and submit to the Commission a nomination report for each proposed property, Site, Landmark or District. For historic district designations, the report shall include a building-by-building inventory of all properties within the District, photographs of representative properties within the District, a property map of the District showing boundaries, and a physical description and statement of significance for the District. For individual landmark designations, the report shall include one or more photographs, the tax lot and block number of the property as designated on the Official Tax Map of the City, and a physical description and statement of significance and proposed utilization of the Site.
(2) 
Notice. The Commission shall schedule a public hearing on the proposed designation of a property, site, landmark or landmark district. At least sixty (60) days prior to the hearing, the Commission shall, by personal service or certified mail:
(a) 
Notify the owner(s) of record of a property that has been proposed for designation, or of property within a district that has been proposed for designation, that the property is being considered for such designation and the reasons therefor.
(b) 
Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this ordinance.
(c) 
Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property.
(d) 
Serve any notices further required under the provisions of the MLUL.
(3) 
Public notice of hearing. Public notice of the hearing shall be given at least twenty (20) days prior to the hearing by publication in the official newspaper of the City. A copy of the nomination report shall also be made available for public inspection in the Municipal Clerk's office at least twenty (20) days prior to the hearing.
(4) 
Hearing. At a public hearing scheduled in accordance herewith, the Commission shall review the nomination report and accompanying documents. Interested persons shall be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation under paragraph (5) of this section below must submit their protest, in writing, to the Commission in accordance with the provisions and the timeframes of that section.
(5) 
Protests. A protest against property, site or landmark designation signed by the owners of record of thirty percent (30%) or more of the properties within a proposed landmark district, or by the owner(s) of record of a proposed property, site or landmark, may be filed with the Commission within sixty (60) days from an owner's receipt of notice of the scheduled Commission hearing. Protests must be in writing, must contain the reason(s) for the protest, and must bear the verified signatures of the owner(s) joining in such a protest. The filing of any timely protest objection by a property owner, which is not resolved or withdrawn to the satisfaction of the objector in connection with the Commission hearing process, shall automatically terminate the designation process hereunder as to any such property, site or landmark.
(6) 
Commission report. Upon Commission review and the holding of the public hearing, the Commission shall forward to the City Council its report, which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.
(7) 
Referral to Planning Board. The City Council shall refer the report to the Planning Board, which in turn shall report to the City Council as soon as possible, but within sixty (60) days. Failure of the Planning Board to transmit its report within the sixty (60) day period provided herein shall relieve the City Council of its obligations relating to the referral of such a report to the Planning Board. City Council action on landmark or landmark district designations shall be otherwise subject to (i) those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation, and shall also (ii) be expressly subject to the protest provisions and timeframes set forth herein.
(8) 
Final designation. After its receipt of the report of the Planning Board or the expiration of the sixty (60) day period allowed for Planning Board comment on designations pursuant to this section, and also following the expiration of the sixty (60) day protest period set forth herein (or following the resolution or withdrawal of any protest filed, if applicable), the City Council shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Planning Board. In the event that the City Council votes to reject or modify any Planning Board recommendations for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership.
(9) 
Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the City and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall also be sent to the owner(s) of record.
(10) 
Incorporation of designated landmarks into City records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the City as required by the provisions of the Municipal Land Use Law. Designated properties shall also be noted as such on the records for those properties maintained by the offices of the City Tax Assessor and the Municipal Clerk.
In accordance with Section 258-12, the City Council, Planning Board, the City Historian, the Commission or any person therein identified, may recommend designation of historic sites, landmarks, or historic districts that are in accordance with the National Register and New Jersey Register criteria and that possess one or more of the following attributes:
A. 
Association with events that have made a significant contribution to the broad patterns of our history; or
B. 
Association with the lives of persons significant in our past; or
C. 
Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
D. 
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the City, state or nation; or
E. 
Embodiment of elements of design, detail, material, or craftsmanship that render a structure architecturally significant or structurally innovative; or
F. 
Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or
G. 
Ability or potential ability to yield historical or archaeological information important in prehistory or history; or
H. 
Character, interest, or value as part of the development, heritage or cultural characteristics of the City, state or nation.
The following sites shall be deemed historic sites or landmarks for the purposes of this chapter as a result of their current listing on the New Jersey Register of Historic Places and/or the National Register of Historic Places, their possession of a Certificate of Eligibility or a SHPO Opinion, or possessing one or more of the criteria listed in § 258-13 above, and as a result of their having been designated locally as having historical, architectural, cultural, or archaeological significance for the City, state, and nation.
A. 
Perth Amboy City Hall (ID#1897).
260 High Street
NR: 1/12/1981 (NR Reference #: 81000394)
SR: 10/3/1980
B. 
Surveyor General's Office (ID#1897).
260 High Street
NR: 1/12/1981 (NR Reference #: 81000394)
SR: 10/3/1980
C. 
Proprietary House (ID#1900).
149 Kearny Avenue
NR: 2/24/1971 (NR Reference #: 71000509)
SR: 9/11/1970
(aka The Westminster; William Franklin House)
D. 
St. Peter's Episcopal Church and Graveyard (ID#1902).
Rector and Gordon Streets
NR: 5/12/1977 (NR Reference #: 77000885)
SR: 9/26/1975
E. 
Simpson Methodist Church (ID#1903).
High and Jefferson Streets
NR: 4/6/1979 (NR Reference #: 79001510)
SR: 1/21/1979
F. 
Lawrence Kearny House (ID#1894).
63 Catalpa Avenue
NR: 5/28/1976 (NR Reference #: 76001166)
SR: 9/16/1975
(aka Kearny Cottage)
G. 
Perth Amboy Ferry Slip (ID#1898).
East end of Smith Street
NR: 11/28/1978 (NR Reference #: 78001773)
SR: 7/12/1978
H. 
Perth Amboy Railroad Station (ID#1899).
East of Elm Street, between Smith and Market Streets
NR: 6/22/1984 (NR Reference #: 84002735)
SR: 3/17/1984
(Thematic Nomination of Operating Passenger Railroad Stations [ID#5080])
I. 
Perth Amboy Post Office
205 Jefferson Street
SR: 1/31/1986
(Thematic Nomination of Significant Post Offices)
J. 
Raritan Copper Works (ID#1901).
Main Lab (This is the only building still standing from the original complex.)
South end of Elm Street
SR: 11/27/1978
DOE: 3/7/1978
SHPO Opinion: 12/23/1977
K. 
Perth Amboy Public Library (ID# 4999).
196 Jefferson Street
COE: 8/11/2010
Upon notification to the Mayor, City Council, City Clerk, or other City official by the New Jersey Historic Preservation Office or the Keeper of the National Register of Historic Places that an historic site has been added to the New Jersey Register of Historic Places and/or the National Register of Historic Places, the administrative officer shall notify the Historic Preservation Commission of such additional historic site, landmark, or historic district and shall cause § 258-14 to be amended to include such additional historic site, landmark, or historic district.
Referral of Applications from the Planning Board and Board of Adjustment. The Planning Board and Board of Adjustment shall submit to the Historic Preservation Commission a copy of every application submitted to either Board for development in historic zoning districts or on historic sites and other landmarks designated herein, on the Zoning or Official Map, or in any component element of the Master Plan.
This referral shall be made when the application for development is deemed complete, or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one (1) of its members, or staff, or consultants the Commission may hire, to testify orally at the hearing on the application and to explain any written reports which may have been submitted.
Referral of Permits from Code Enforcement. All applications for issuance for permits pertaining to historic sites, landmarks, or property in historic districts shall be referred to the Historic Preservation Commission for a written decision on the application, concerning any aspects of the proposed change.
The Historic Preservation Commission shall report to the Administrative Officer within forty-five (45) days of the referral of an application. If, within the forty-five (45) day period, the Historic Preservation Commission recommends to the Administrative Officer against the issuance of a permit to be used, the Administrative Officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions of the permit.
No permit for a historic site or landmark, shall be issued or amended nor shall any construction, alteration, minor alteration, ordinary maintenance and repair or demolition be started on any historic site or other landmark building nor on any sign, building, structure, object, site or landscape feature within a designated historic district, whether or not a construction permit is required, prior to filing of an application for review by the Historic Preservation Commission or the issuance of either a Certificate of Appropriateness or a Certificate of No Effect.
A. 
When required. A Certificate of Appropriateness issued by the Commission shall be required before work can begin for any of the following activities within a historic district or on a historic site or other landmark:
(1) 
Demolition or relocation of any building, improvement, or structure; or
(2) 
Change in the exterior appearance of any building, improvement, place or structure by addition, reconstruction, alteration or repair; other than ordinary maintenance and repair as defined herein; or
(3) 
Any addition to or new construction of a principal or accessory building or structure; or
(4) 
Any additions or signs of exterior lighting or changes to same.
B. 
When not required. A Certificate of Appropriateness shall not be required for any of the following:
(1) 
Changes to the interior of structures; or
(2) 
Changes to the exterior of structures that strictly meet the standards for ordinary maintenance and repair as defined in this chapter and as determined by the Administrative Officer in keeping with the procedures set forth below.
(a) 
The Administrative Officer shall determine whether this proposed work strictly meets this chapter's definition of ordinary maintenance and repair and may request appropriate documentation to conduct his or her review. If the proposed work does not strictly meet this chapter's definition of ordinary maintenance and repair, the Administrative Officer shall refer the application to the full Commission.
(b) 
If the Administrative Officer has any doubt as to whether the work constitutes ordinary maintenance and repair, the Administrative Officer shall refer the request to the Commission.
(c) 
No fee or application shall be required for the Administrative Officer's review.
C. 
Application for review. Application for a Certificate of Appropriateness or a Certificate of No Effect shall be made on forms available at the office of Code Enforcement. A completed application form shall be returned to the Administrative Officer or Code Enforcement accompanied by:
(1) 
Appropriate architectural drawings and other information to show the proposed alterations, additions, changes or new construction.
(2) 
Current photograph(s) showing facade(s), if applicable.
(3) 
A property survey, if available;
(4) 
In the case of applications for approval of the demolition or relocation of a building or structure only, current and archival photographs of the interior and exterior of said structure to document its condition;
(5) 
If the proposed changes are to be presented to the Planning Board or Board of Adjustment, the same documentation for submission to those Boards shall be submitted to the Commission in addition to the above-required items.
A. 
Applications must be submitted to Code Enforcement a minimum of fourteen (14) business days prior to the Commission's regularly scheduled meeting and shall be reviewed for completeness by the Administrative Officer as per the Historic Preservation Commission application checklist. The Administrative Officer shall refer all applications for new construction, alterations, relocation or demolition to the Historic Preservation Commission for review. Applications referred to the Historic Preservation Commission must be complete at least ten (10) days prior to a hearing date for the purpose of scheduling.
B. 
The Commission shall review any complete application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed to present evidence in support of the application. However, an applicant shall not be required to appear or to be represented at the meeting, and the Commission is authorized to take action on the application even in the applicant's absence.
C. 
Applications that meet the criteria for minor alterations may be reviewed by the Administrative Officer who, at his or her discretion, may issue a Certificate of No Effect. If the Administrative Officer finds that the application does not meet the definition, the application shall be scheduled for a public hearing before the full Commission.
D. 
In making such a determination, the Administrative Officer shall consider the effect of the proposed work in creating, altering, destroying or affecting the architectural features of the landmark building, structure, object, site or landscape feature upon which such work is to be done. Also considered shall be the relationship between the results of such work and the architectural features of neighboring buildings, structures, objects, sites and landscape features. In appraising such effects and relationships, factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color in addition to any other pertinent matters shall be considered.
E. 
The Commission may advise the applicant and make recommendations with regard to the appropriateness of the proposed action at the public hearing. These recommendations may become part of the conditions for approval of an application, may be referred to a subcommittee of the Commission for further review with the applicant's consent, or may be the basis for the rejection of an application.
F. 
The Historic Preservation Commission shall issue a Certificate of Appropriateness if it finds the application appropriate to the historic district or site and in conformity with the design guidelines set forth below.
G. 
The Commission shall approve or deny the application within forty-five (45) days of the date on which it was deemed complete, unless the applicant consents in writing to an extension in time. Failure to act within this forty five (45) day period shall constitute an automatic approval without conditions.
H. 
The Administrative Officer shall from time to time inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
I. 
A Certificate of Appropriateness shall be valid for a period of one (1) year from date of issue unless the Commission in its discretion grants an extension.
J. 
The outcome of all Commission decisions shall be recorded by the Historic Preservation Commission and be presented to the Administrative Officer by the close of the following business day. The Administrative Officer will then transmit that decision to the appropriate regulatory board to which it is advisory, such as the Planning Board or the Board of Adjustment.
K. 
If an application is approved, a Certificate of Appropriateness or Certificate of No Effect shall be issued promptly by the Commission. The chairperson or acting chairperson and one other Commission member shall sign all Certificates of Appropriateness.
L. 
Issuance of a Certificate of Appropriateness shall be deemed to be a final approval pursuant to this chapter, but shall not obviate the need to secure any other approvals required under federal, state, county or local law.
M. 
If the Commission disapproves an application, the Commission shall state its reasons in writing to the applicant within ten (10) days of such decision.
N. 
If an application for a Certificate of Appropriateness is denied, another application pertaining to the same site, structure, building, object or landscape feature shall not be resubmitted for consideration until one (1) year has elapsed from the date of disapproval unless a substantially different application is resubmitted or if there has been a change in circumstances. The Commission may waive, by five affirmative votes, the aforementioned time restriction if an application presents substantial evidence providing the above. If a waiver is granted, a new application shall be filed as per the procedures set forth herein.
A. 
General criteria for review. In reviewing an application for its effect on an individual landmark or a landmark, object, or site within a landmark district, the following general criteria shall be used by the Commission, the Planning Board, the Board of Adjustment, the City Council, and all other officials and agencies of the City responsible for the administration of this chapter:
(1) 
The impact of the proposed change on the historical, architectural and/or cultural significance of the landmark or landmark district.
(2) 
The importance of the landmark or the building, structure, object or site to the nation, state, region or 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 landmark or landmark district involved in the proposed change.
(4) 
The extent to which the proposed action would adversely affect the public's view from the street of a landmark or building, structure, object or site located within a landmark district.
(5) 
The impact the proposed change would have on the architectural or historic significance of the landmark or landmark district and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth in this chapter.
B. 
Rehabilitation of existing buildings, structures, objects and sites. In reviewing any application for a certificate of appropriateness, the Commission shall make its determination as to whether any application should be approved, approved with conditions or denied, on the basis of the purposes of this section, the provisions of this article and the following standards for review, which are identical to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings:
(1) 
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, objects or site and its environment, or to use a property for its originally intended purpose.
(2) 
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) 
All buildings, structures, objects and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) 
Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, object or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, object or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) 
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy historical materials and are compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
(10) 
Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
C. 
New construction. In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with the standards of rehabilitation and review criteria set forth above. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alterations to landmarks or new construction, additions or alterations to buildings, structures, objects or sites located within landmark districts.
(1) 
Height. The height of the proposed structure shall be visually compatible with adjacent buildings.
(2) 
Proportion of the facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with adjacent buildings and places.
(3) 
Proportion of the openings. The relationship of the width of windows to the height of windows in a building shall be visually compatible with adjacent buildings and places.
(4) 
Rhythm of solids. The relationship of solids to voids in the facade of a building shall be visually compatible with adjacent buildings and places.
(5) 
Rhythm of spacing. The relationship of the building to the open spaces between it and adjoining buildings shall be visually compatible with adjacent buildings and places.
(6) 
Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible with adjacent buildings and places.
(7) 
Relationship of materials. The relationship of materials, texture and tone of the facade and roof of a building shall be visually compatible with the predominant materials used in adjacent buildings.
(8) 
Roof. The roof shape of a building shall be compatible with adjacent buildings.
(9) 
Continuity of walls. Walls and open fencing shall maintain visual compatibility with adjacent buildings and places.
(10) 
Scale. The size of a building mass in relation to open space, window and door openings, porches and balconies shall be visually compatible with adjacent buildings and places.
(11) 
Directional expression. A building shall be visually compatible with adjacent buildings and places in a directional character, whether this be vertical, horizontal, or nondirectional.
(12) 
Windows. The type of glazing and muntin used in buildings and doors shall be visually compatible with adjacent buildings.
D. 
Appeal to the Board of Adjustment. An applicant dissatisfied with the action of the Commission resulting in the denial of a Certificate of Appropriateness shall have the right to appeal to the Board of Adjustment within twenty (20) days after receipt of notification of such action. The applicant shall be advised by the Secretary to the Board of Adjustment of the time and place of the hearing at which the appeal will be considered.
E. 
Duration for certificates. A Certificate of Appropriateness or a Certificate of No Effect shall be valid for a period of one (1) year from the date of issue unless reasonable extensions are granted by the Commission; requests for extensions shall be made by written request and shall require five affirmative votes. If a permit is also required and is obtained prior to expiration of the one (1) year period, then the certificate shall be valid for the life of the permit.
F. 
Emergency procedure.
(1) 
In the event that an act of God or any other unexpected event shall cause a property owner the need for immediate issuance of a building permit or other permit to commence to stabilize, secure, repair or protect a landmark building, structure, object, site or landscape feature damaged from such event, and a Certificate of Appropriateness or a Certificate of No Effect is a condition precedent to the issuance of such permit, and the Construction Code Official certifies the immediate necessity for such permit issuance, a Notice to Proceed may be issued forthwith. In the event that a Notice to Proceed is issued, following emergency stabilization, the property owner is required to submit to the Historic Preservation Commission a full structural stabilization and remediation plan which shall be prepared by a licensed structural engineer. The applicant may proceed with construction in accordance with the submitted plan only upon approval of a Certificate of Appropriateness or Certificate of No Effect, unless conditions affecting the stability of the subject structure change and make necessary a new Notice to Proceed.
(2) 
All other subsequent work must be submitted for review by the Historic Preservation Commission under the application procedures found elsewhere in this Article.
A. 
The following shall be considered in regard to an application to demolish an individual landmark building, structure, site or object or any building, structure, site or object contained within an historic district:
(1) 
Its historic, architectural and aesthetic significance.
(2) 
Its use.
(3) 
Its importance to the City and the extent to which its historic or architectural 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 probable impact of its removal upon the ambience of the historic district.
(6) 
The structural soundness and integrity of the building so as to comply with the requirements of the state uniform code.
(7) 
The effect on the remaining portions of the building, structure, site, object or landscape feature in cases of partial demolition.
B. 
In the event that a structure is unsafe or unsound so as to impose a danger to health or safety, the power and authority of the City of Perth Amboy to demolish the structure, as otherwise provided by law, shall not be impaired or altered in any way by the provisions of this chapter. The City shall be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.
A. 
Violations defined. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this article shall be deemed to be in violation thereof.
B. 
Notice of violations. Upon learning of the violation, the Administrative Officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner ten (10) days to abate the violation by restoring the building, structure or site to its condition prior to the violation. If the owner cannot personally be served within the City with said notice, a copy shall be posted on the property and a copy shall be sent to the owner at his or her last known address.
C. 
Injunctive relief. In the event that the violation is not abated within ten (10) days of service or posting on site, whichever is earlier, the Administrative Officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or site; or to prevent any illegal act, conduct, business or use in or about such premises as follows:
(1) 
If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than ten (10) days after the delivery of notice pursuant to Subsection B hereof.
(2) 
In the event of the threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
D. 
Penalties. In addition to the remedies provided above, a person convicted of a violation of this section before a court of competent jurisdiction shall be subject to penalties as follows:
(1) 
For each day up to ten (10) days; not more than one hundred dollars ($100.00) per day.
(2) 
For each day between eleven (11) and twenty-five (25) days; not more than two hundred fifty dollars ($250.00) per day.
(3) 
For each day beyond twenty-five (25) days; not more than five hundred dollars ($500.00) per day.
A. 
A minor application is an application that requests approval for fences, signs, lighting, doors, windows, roofs, paving, exterior sheathing, trim, shutters, gutters or streetscape work that strictly complies with the adopted design guidelines for the proposed improvement. If the design guidelines contain a discretionary standard requiring in any way the exercise of judgment, the application shall be referred to the full Commission; or
B. 
A minor application is also an application that requests a field change for a Certificate of Appropriateness that has already been issued, if that change meets the criteria of subsection A above.
C. 
In the case of a referral of a minor application for the issuance of a permit pertaining to historic sites or property in historic districts, the Administrative Officer or the chair of the Historic Preservation Commission may act in the place of the full Commission for purposes of this section.
D. 
Any application that involves either the demolition, relocation, or removal of a historic site, or new construction, including additions, on property located within a historic district shall be classified as a major application and shall be referred to the full Commission.