[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.
The development of a new use for an older building or for
a building originally designed for a different purpose.
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.
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.
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.
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.
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.
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 of Perth Amboy.
The legislative body or governing body of the City of Perth
Amboy.
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.
The dismantling or demolishing of all or part of a building,
structure, object, site or landscape feature.
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.
The process of determining whether identified properties
meet defined criteria or historical, architectural, archaeological
or cultural significance.
The City Council of the City of Perth Amboy.
Various tools and structures, primarily of vegetation and
soil, that manage stormwater and reduce stormwater runoff.
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.
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.
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.
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.
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.
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.
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.
Any body of water, stream, rock, plant, shrub, tree, path,
walkway, road, plaza, fountain, wall, sculpture or other form of natural
or artificial landscaping.
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).
The Municipal Land Use Law.
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.
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.
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.
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.
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.
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.
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.
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
Any required approval, including but not limited to a construction
permit, demolition permit, or zoning permit.
Any use of land or buildings as permitted by this chapter
in the zone in which it is situated.
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.
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.
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.
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.
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.
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.
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.
Permission to depart from the requirements of an ordinance
with respect to the submission of required documents, and/or compliance
with particular design standards.
There is hereby created in and for the City of Perth Amboy a
Historic Preservation Commission pursuant to and in conformance with
N.J.S.A. 40:55D-107 et seq.
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.
There shall be an Administrative Officer for historic preservation.
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
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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.
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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.
