[Adopted by the City Council of the City of Newark 11-1-2023 by Ord. No. 6PSF-E,
11-01-2023. Chapter history includes Ord. No. 6PSF-C,
2-4-2015 as amended by Ord. 6PSF-F, 7-7-2016; Ord. 6PSF-B, 3-1-2017.
Amendments noted where applicable.]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter shall be known as and may be cited as the Newark
Landmarks and Historic Preservation Regulations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Shall mean the Historic Preservation Officer. In the event
that the Historic Preservation Officer is not appointed, the Manager
of the Division of City Planning or his/her designee shall serve as
the Administrative Officer.
Shall mean any act or process that in any way effects a change
in the design or outer appearance of a building, structure, object
or site, or any part thereof.
Shall mean an application form and all accompanying documents
submitted for approval of a permit for alteration, repair, reconstruction,
demolition or relocation of a designated historic site, building,
structure or object, or improvement within a designated historic district
or review of a development application concerning same.
Shall mean the science or study of the material remains of
past life or activities and the physical site, location, or context
in which they are found, as delineated in the Department of Interior's
Archaeological Resources Protection Act of 1979.
Shall mean relating or conforming to the rules of Architecture;
having or conceived as of having a single unified overall design,
form, or structure.
Shall mean the architectural style, design, general arrangement
and components of all the surfaces, including but not limited to the
kind, texture and color of the building material, and the type and
style of all windows, doors, lights, signs and other features appurtenant
to such improvement.
Shall mean any structure, part of a structure, extension
thereof, or addition thereto having a roof supported by columns, posts,
piers, or walls and intended for the shelter, business, housing or
enclosing of persons, animals, or property.
Shall mean a document attesting that proposed work within
a historic district or affecting a landmark building, structure, object,
site or landscape feature has been reviewed and deemed appropriate
and consistent with the purpose of this Chapter by the Newark Landmarks
and Historic Preservation Commission.
Shall mean 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 Historic Preservation
Officer and has been deemed not detrimental to the historic district
or landmark on which the work is to be done or neighboring buildings,
structures, objects, sites or landscape features.
Shall mean the Newark Landmarks and Historic Preservation
Commission.
Shall mean the act of: (a) adding an addition to an existing
building or structure; (b) the erection of a new principal or accessory
building or structure on a lot or property; or (c) alterations.
Shall mean calendar days.
Shall mean the dismantling or razing of all or part of any
historic site or landscape feature of or any improvement in a historic
district.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining excavation or landfill, and any use or change in
the use of any building or structure, or land or extension of use
of land, for which permission may be required pursuant to this Title.
Shall mean one or more historic sites and intervening or
surrounding property significantly affecting or affected by the quality
and character of the historic site or sites.
Shall mean a listing of all historic sites, buildings, districts
or structures within the City of Newark as recorded by the City Clerk.
Shall mean any real property, building, manmade structure,
natural object or configuration or any portion or group of the foregoing
of historical, archaeological, cultural, scenic or architectural significance.
Shall mean a tree that has been found to be of notable historic
interest to the City because of its age, type, size or historic association
and which has been so designated and that designation has been officially
made and promulgated as part of the official records of the municipality,
county, or state.
Shall mean any building, structure, work of art or other
object installed upon real property or any part of such improvement.
Shall mean an application for approval of actions on a designated
historic site, building, structure or object which consists of ordinary
maintenance and repair as defined herein.
Shall mean anything constructed, fabricated or created, the
use of which does not require permanent or semi-permanent location
on or in the ground.
Shall mean the repair or renewal of deterioration, wear or
damage to a structure or improvement in order to return same, as nearly
as practicable, to its condition prior to the occurrence of such deterioration,
wear or damage with materials and workmanship of the same quality
and appearance of the structure or improvement.
Shall mean on the average rate of return for properties similar
to and in the same area as the improvement parcel under consideration
for the purposes of this Chapter for the year proceeding the application
as arrived at through certified appraisals, records of sale, and any
other research.
Shall mean the act or process of reproducing by new construction
the exact form and details of a vanished building, structure, or object
or part thereof, as it appeared at a specific period of time.
Shall mean the act or process of returning an improvement
to a state of utility through repair or alteration which makes possible
an efficient contemporary use while preserving those orations or features
of the improvements which are significant to historical, architectural
and cultural values.
Shall mean any removal or relocation of a structure or improvement
on its site or to another site.
Shall mean any person or persons having such right to, title
to, or interest in any property or improvement so as to be legally
entitled, upon obtaining the required permits and approvals from City
agencies, to perform with respect to such property or improvement
any demolition, construction, reconstruction, alteration, restoration
or other work as to which such person seeks the authorization or approval
of the Commission.
Shall mean the act or process of accurately recovering the
form and details of an improvement by the removal of later work and/or
by the reconstruction of missing earlier work.
Shall mean the act or process of applying measures designed
to reestablish a weather-resistant enclosure and the structural stability
of an unsafe or deteriorated building, object, site, structure or
landscape feature while maintaining the essential form as it exists
at present.
Shall mean a combination of materials to form a construction
for occupancy, use or ornamentation whether installed on, above, or
below the surface of a parcel of land. Structure includes, but is
not limited to, buildings, signs, fences, tanks, towers, poles, walkways,
driveways, streets and roads.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
As stated in the U.S. Department of the Interior's National
Register Criteria for Evaluation, promulgated pursuant to 16 U.S.C.A.
Sec. 470a, the following criteria shall be used by the Commission
for its review for designation of historic sites, buildings and districts:
the quality of significance in National, State or municipal history,
architecture, archaeology, and culture if present in districts, sites,
buildings, structures, and objects that possess integrity of location,
design, setting, materials, workmanship, feelings, and association
and:
1.
That are associated with events that have made a significant contribution
to the broad patterns of our history; or
2.
That are associated with the lives of persons significant in the
past; or
3.
That embody the distinctive characteristics of a type, period, or
method of construction that represent the work of a master, or that
possess high artistic values, or that represent a significant and
distinguishable entity whose components may lack individual distinction;
or
4.
That has yielded, or may be likely to yield, information important
in prehistory or history.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Ordinarily cemeteries, birthplaces, or graves of historical
figures, properties owned by religious institutions or used for religious
purposes, structures that have been moved from their original locations,
reconstructed historic buildings, properties primarily commemorative
in nature, and properties that have achieved significance within the
past 50 years shall not be considered eligible for nomination; however,
such properties will qualify if they are integral parts of districts
that do meet the criteria or if they fall within the following categories:
1.
A religious property deriving primary significance from architectural
or artistic distinction or historical importance; or
2.
A building or structure removed from its original location but which
is significant primarily for architectural value, or which is the
surviving structure most importantly associated with a historic person
or event; or
3.
A birthplace or grave of a historical figure of outstanding importance
if there is no other appropriate building, structure or site directly
associated with his or her productive life; or
4.
A cemetery which derives its primary significance from graves of
persons of transcendent importance, from distinctive design features,
or from association with historic events; or
5.
A reconstructed building when accurately executed in a suitable environment
and presented in a dignified manner as part of a restoration master
plan, and when no other building or structure with the same association
has survived; or
6.
A property primarily commemorative in intent if design, age, tradition,
or symbolic value has invested it with its own historical significance;
or
7.
A property achieving significance within the past 50 years if it
is of exceptional importance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any interested party may nominate a historic landmark or district
for local designation. All applications for nomination shall be submitted
to the Division of City Planning. The application form shall be the
National Register of Historic Places Registration Form, including
all necessary attachments. The Administrative Officer shall review
the application for completeness.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The nomination shall be presented initially to the Historic
Preservation Commission, followed by the Central Planning Board and
then the City Council; however, in any case, a nomination must be
reviewed and approved by all these bodies in order to be designated
as a local landmark.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Districts and landmarks already listed on the National or State
Register of Historic Places as of May 30, 2007 shall automatically
be designated a local landmark. The complete list is included as Exhibit
A.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Nothing contained herein shall affect the present legal use
of the designated property.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Use classifications and bulk restrictions as to all such property
shall continue to be governed by the general zoning ordinance of the
City of Newark and the procedures established therein.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In no case, however, shall any use be permitted which requires
demolition, relocation, or alteration of a designated historic building,
structure, site or within a designated district so as to adversely
affect its character except upon compliance with the terms of this
Chapter.
As to any building, facility or property owned by a religious
institution and used for religious purposes, no Certificate of Occupancy
shall be issued if the religious building or facility has been used
for religious purposes for 25 years or if the religious building or
facility is in a designated historic building, structure, site or
is located within a designated historic district except upon compliance
with the terms of this Chapter and the following requirements:
1.
Any religious building or facility that has been used for religious
purposes for 25 years or more and is exempted from paying state and/or
local taxes due to its status as a religious institution N.J.S.A.
54:4-3.6, must continue to be used as a religious building or facility
upon a sale or transfer, unless prior to the sale or transfer, the
Board of Directors of the religious building/facility obtains approval
for said sale or transfer in accordance with N.J.S.A. 16:1-6.
2.
The Board of Directors of the religious institution shall present
a transition plan and proposal for the specific use of the religious
building or facility, including the name of the purchaser or transferee,
30 days before the public meeting required by N.J.S.A. 16:1-6.
3.
Upon approval of the membership, a copy of the transition plan and
proposal submitted to the membership, along with the recorded votes
of members by individual name and a list of all members of the religious
institution who attended the public meeting held pursuant to N.J.S.A.
16:1-6, must accompany any application for a Certificate of Occupancy,
or application for approvals from the City's Historic Commission,
Central Planning Board and Zoning Board.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Each designated historic site or district may be marked by an
appropriate plaque in such form as the Commission shall promulgate
by regulation.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Upon recommendation of the Commission based upon new and compelling
evidence and negative evaluation according to the same criteria and
following the same procedures set forth herein for designation, a
determination may be made by the Commission to remove designation
of a historic site or district.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Such a determination must receive five favorable votes, i.e.,
the majority of the Commission membership.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A historic site or district shall not be removed from the historic
registry of the City of Newark without consideration of the recommendation
by the Commission and must be effected by ordinance adopted by simple
majority of the Municipal Council.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
No building permit shall be issued or amended nor shall any
construction, alteration, ordinary maintenance or repairs, or repairs
or demolition be started on a designated historic building, structure
or site, or within a designated historic district, prior to review
by the Commission.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A permit issued by the Administrative Officer shall be required
for any of the following actions to proceed regarding a designated
historic site or for any improvement within a designated historic
district:
1.
Rehabilitation, restoration, reconstruction, repair or alteration
or change to any part of the exterior of a building, structure or
site, including repainting and residing, if visible from a public
street.
2.
Additions to a building, structure or site, or within a district
if visible from a public street;
3.
Relocation of a historic site or within a district;
4.
Demolition of a historic site or within a district;
5.
New construction on a historic site or within a district;
6.
Change in use of a historic site or within a district if such change
effects a change in the exterior appearance of the site or improvement.
7.
Work within the root zone of an Historic Tree without preservation
methods.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All applications for permits pertaining to designated historic
sites or improvements in designated Historic Districts shall be referred
to the Commission for a written report and decision on the application
of the provisions of this Chapter thereto.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Approval from a government agency outside the City of Newark
does not eliminate the requirement of review by the City of Newark's
Landmarks & Historic Preservation Commission for approval.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Changes to the interior of structures;
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Changes not visible to the public from a public street.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In the event an Act of God or any other unexpected event shall
cause the responsible person the need for immediate issuance of a
permit to commence to stabilize, secure, repair or protect a designated
historic site or any improvement in a designated historic district
damaged from such event, and the Construction Code Official certifies
the immediate necessity for such issuance, an approval of a permit
may be issued in accordance herewith.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Upon notice to the full Commission by telephone, personal contact
or other appropriate means of communication, at least three members
of the Commission shall convene as soon as possible and such convening
members shall proceed to review the current conditions for which the
emergency powers of this Chapter have been invoked. Subsequent to
review, an approval may be issued upon a majority vote of the members
convened. This approval will only apply to work which is deemed necessary
for stabilization, securing, repair or protection of the historic
site or improvement in a historic district.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All other work subsequent to this must be submitted for review by the Commission under the application procedures found in Section 41:10-11 et seq., of this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If work which would require a permit is to take place on a building,
structure or site, or within a district, which has already undergone
a Commission hearing and has been recommended for designation as a
historic site or district, but has yet to be reviewed by the Municipal
Council, the applicant shall follow the same procedure herein set
forth for property already designated at which point the Commission
may make recommendations as to the appropriateness of the work and
its impact on the historic fabric of the site or district.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Persons seeking to undertake actions requiring review as per
the provisions of this Chapter must submit a completed application
to the Commission.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A complete application shall consist of:
1.
A completed application form.
2.
For all structures and additions thereto, architectural drawings
or rendering of details of the exterior of the structure, including
but not limited to: cornices, brackets, windows/fenestration, brickwork,
mortar, window trim and moldings, heads and sills, porches, balusters,
porch frieze, projecting elements, doors and bays shall be included
with the application if available.
3.
If such drawings are not available, the Commission shall have the
right to require whatever documentation of the work to be performed
as is necessary to make an informed decision.
4.
For all structures, a detailed narrative description of the proposed
scope of work (construction, alterations, repair, restoration, etc.).
5.
Current photographs of the improvement.
6.
Specification sheets listing all materials to be used including catalogue
lot sheets, sample paint chips, etc.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Historic Preservation Officer shall forward the complete
application to the Commission for its report, except in those instances
described herein where the Chairperson of the Commission may issue
the approval.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Central Planning Board and Board of Adjustment shall make
available to the Commission every application for development submitted
to either board for development in historic zoning districts or on
historic sites designated on the zoning or official map or identified
in any component element of the master plan.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This referral shall be made when the application for development
is deemed complete or is scheduled for a hearing, whichever occurs
sooner.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Commission may provide its advice, which shall be conveyed
through its delegation of one of its members or staff to testify orally
at the hearing on the application and to explain any written report
which may have been submitted.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If a recommendation of the Commission is rejected, the Central
Planning Board or Board of Adjustment, as the case may be, shall include
the reasons for rejecting the recommendation in the findings of its
decision on the application.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
At the request of any person seeking to undertake actions requiring
review as per the provisions of this Chapter, the Commission shall
schedule a hearing on his or her application. The applicant shall
not be required to appear or to be represented at the meeting in which
the application is being considered.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Completed applications for approval of a permit shall be submitted
to the Administrative Officer a minimum of 14 days prior to a Commission's
regularly scheduled meeting.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Applications for minor alterations and ordinary maintenance
and repair may be reviewed by the Historic Preservation Officer who,
at his or her discretion may issue a Certificate of No Effect, may
require additional submittal information and/or refer the application
to the Commission upon being deemed complete. In making such a determination
the Historic Preservation Officer shall consider factors, including,
but not limited to 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 and 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
For all applications not issued a Certificate of No Effect,
the Commission shall render a decision within 45 days the application
is deemed complete. If approved, such approval shall be known as a
Certificate of Appropriateness.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If the Commission should fail to act within 45 days, the permit
shall be deemed approved. Nothing herein shall prohibit an extension
of time by mutual agreement between the applicant and the Commission.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Commission may advise the Administrative Officer or the
applicant, as the case may be, and make recommendations with regard
to the appropriateness of the proposed action. These recommendations
may become part of the conditions for approval of an application or
the basis for the rejection of an application.
1.
If an application is approved with or without the imposition of conditions,
a permit shall be issued promptly.
2.
If the Commission disapproves an application, the Administrative
Officer shall not issue the permit and the Commission shall state
its reasons in writing to the applicant within 30 days of such decision.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
An approval shall be valid for a period of one 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
rest in the sound discretion of the Commission.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The following standards, The Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, promulgated pursuant to 16 U.S.C.A. Sec. 470a, shall guide
the Commission's and Central Planning Board's decision making
concerning all applications and approvals described herein.
1.
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale and architectural features to protect
the historic integrity of the property and its environment.
2.
New additions and adjacent or related new construction shall be undertaken
in such a manner that if removed in the future, the essential form
and integrity of the designated historic property and its environment
would be unimpaired.
3.
Construction of historic designs that were never built shall not
be undertaken.
4.
New additions, alterations or new construction in a historic landscape
shall be visually differentiated from the old and shall be compatible
with the historic character of the landscape.
5.
Replacement of missing historic plant material or vegetation features
shall be substantiated by documentary or physical evidence. The replacement
plant material or features shall match the historic appearance, function
and where possible, species or variety.
6.
A property shall be used for its historic purpose, or shall be placed
in a new use that requires minimal change to the defining characteristics
of the property and its environment.
7.
The historic character of a property shall be retained and preserved.
The removal of historic materials, vegetation, or alteration of features
and spaces that characterize a property shall be avoided.
8.
Each property shall be recognized as a physical record of its time,
place and use. Changes that create a false sense of historical development,
such as adding conjectural features or historic features from other
properties shall be avoided.
9.
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
10.
Distinctive materials, features, finishes and construction techniques
or examples of craftsmanship that characterize a property shall be
preserved.
11.
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary
or physical evidence.
12.
Chemical or physical treatments, such as sandblasting, that
cause damage to historic materials or vegetation shall not be used.
The surface cleaning of structures, if appropriate, shall be undertaken
using the gentlest means possible.
13.
Significant archaeological resources shall be protected and
preserved. If such resources must be disturbed, mitigation measures
shall be undertaken.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Before applying protective measures, which are generally of
a temporary nature and imply future historic preservation work, an
analysis of the actual or anticipated threats to the property shall
be made.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Protection shall safeguard the physical condition or environment
of a property or archaeological site from further deterioration or
damage caused by weather or other natural, animal or human intrusions.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If any historic material or architectural features are removed,
they shall be properly recorded, and, if possible, stored for future
study or reuse. If storage of said features causes a hardship for
the applicant, the commission may consider making different accommodations.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Stabilization shall reestablish the structural stability of
a property through the reinforcement of load bearing members or by
arresting material deterioration leading to structural failure. Stabilization
shall also reestablish weather resistant conditions for a property.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Stabilization shall be accomplished in such a manner that it
detracts as little as possible from the property's appearance.
When reinforcement is required to reestablish structural stability,
such work shall be concealed wherever possible so as not to intrude
upon or detract from the aesthetic and historical quality of the property,
except where concealment would result in the alteration or destruction
of historically significant material or spaces.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In considering whether to approve or disapprove an application
for new construction on a designated historic site or in a designated
historic district, the Commission shall be guided by standards of
the Secretary of the Interior and the following visual compatibility
standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
New construction need not replicate historic older buildings
or structures, but may reflect contemporary design standards so long
as the design and construction is compatible with surrounding historic
structures. Building height, width, mass and proportion affect the
degree of compatibility between the old and the new.
1.
Site and Setting: A developer intending to utilize historic resource
as a part of a development must consider the context of the resource's
original site by honoring the original historic intention of the resource
and integrating it respectfully into the new development.
2.
Building Height: Height should be visually compatible with adjacent
buildings. The apparent physical size, scale and height should relate
to existing resources.
3.
Openings on Frontal Facades: The width and height of windows, doors,
and entries must harmonize in scale and proportion with the width
and height of windows, doors, and entries of buildings and structures
of historic significance in the surrounding environment.
4.
Relationship of Unbroken Planes to Void (i.e. Punctured Planes) in
Front Facades: The relationship of unbroken planes (i.e. walls) to
voids (i.e. windows and doors) on the facade of a building or structure
should be aesthetically harmonious with that of buildings and structures
of historic significance in the surrounding environment.
5.
Relationship of Vacant Land to Buildings/Structures: The relationship
of a building or structure to the vacant land between and adjoining
buildings or structures should not violate the existing paradigmatic
spatial relationship of historically significant structures to the
vacant land between them. Said structural projects can be varied in
form by using setbacks to create open spaces and landscaping when
desirable to provide harmonious visual transitions between new construction
and the adjacent historic properties.
6.
Relationship of Exterior Projections to the Street: The relationship
of exterior projections to the street in new construction should be
aesthetically harmonious with the relationship of exterior projections
to the street in the surrounding existing buildings of historic significance.
7.
Relationship of Major Exterior Building Materials: The major exterior
building materials on the facade of a building or on a structure should
reflect the predominant major building materials existent on the facades
of historically significant buildings and on structures in the surrounding
environment.
8.
Roof Forms: The roof form and slope of a building or structure is
a major element in the visual image of the building. Therefore, designers
must take care to honor paradigmatically in new construction the existing
historic roof forms and slopes so as not to violate the aesthetic
harmony of the whole.
9.
Rooftop Mechanical Structures and Rooftop Structures. Applications for the addition of rooftop mechanical structures, egress, mechanical bulkheads, utilitarian skylights or additions consisting of living space shall only be granted if such structures comply with the historic zoning regulations contained in Chapter 41:10 of this Title, as well as with the following requirements:
a.
If the roof of the subject building on which such an addition
is being proposed is not a significant feature of its design;
b.
If the addition is not visible from a public thoroughfare or
right-of-way;
c.
If the building on which the addition is proposed does not possess
a significant roof silhouette and where such addition does not interrupt
the roof or skyline;
d.
If the materials of the addition are not in the nature of utilitarian
rooftop additions and if they are architecturally consistent with
the existing roofscape;
e.
The addition does not adversely affect the unified aesthetic
of historic buildings in the district of which the subject building
is a part;
f.
Where the historic building on top of which the addition proposed
is located is in or adjacent to a historic residential district such
features shall be set back from the edge of the roof at least one
foot for each one foot by which such features project above the roofline.
However, no setback shall be required where the parapet wall is at
least as tall as the rooftop mechanical structure.
10.
Continuity in Visual Imagery of Appurtenances: Appurtenances
of a building or structure such as walls, fences and landscaping shall
honor the relationship of appurtenances to buildings of historic significance
in the surrounding environment.
11.
Scale of Buildings: Scale of buildings and structures shall
be in scale with the buildings and structures of historic significance.
12.
Signage: Signs which are out of keeping with the character of
the environment in question should not be used. Excessive size and
inappropriate placement on buildings result in visual clutter. A sign
should be designed to relate harmoniously to exterior building materials
and colors. A sign should express a simple clear message with wording
kept to a minimum.
13.
Site Planning: The site planning of landscaping, parking facilities,
utility and service areas, walkways, and appurtenances must reflect
the site planning of landscaping, parking facilities, utility and
service areas, walkways and landscape feature reticulate to buildings
or structures of historic significance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A permit to relocate a designated historic site or an improvement
in a designated historic district, must receive five favorable votes,
i.e., the majority of the Commission membership.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In considering whether to approve or disapprove an application
for a permit for the relocation of a designated historic site or improvement
in a designated historic district, the Commission shall be guided
by the following considerations:
1.
Whether the historic character and aesthetic interest in the building,
structure or object contributes to its present setting;
2.
Whether there are definite plans for the area to be vacated and what
the effect of those plans on the character of the surrounding area
will be;
3.
Whether the building, structure, or object can be moved without significant
damage to its physical integrity; and
4.
Whether the proposed relocation area is compatible with the historical
and architectural character of the building, object or structure.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A permit to demolish a designated historic site or an improvement
in a designated historic district must receive five favorable votes,
i.e., the majority of the Commission membership.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In considering whether to approve or disapprove an application
for a permit to demolish a designated historic site, historic tree,
or an improvement in a designated historic district, the Commission
shall be guided by the following considerations:
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 Construction Code;
7.
The effect on the remaining portion of building, structure, site,
object or landscape feature in cases of partial demolition.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In the event that a structure is unsafe or unsound so as to
pose a danger to health or safety, the power and authority of the
City of Newark 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.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If an application to demolish is denied, the applicant shall
follow the appeal process detailed herein for denial of a permit.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Commission shall utilize locally generated guidelines or
historic preservation aids in addition to the Secretary of the Interior's
Standards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If a permit is approved, then the applicant may proceed to perform
the work approved in the permit in compliance with the conditions
attached.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If a permit is denied, the applicant is precluded from undertaking
the activity applied for.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
An applicant dissatisfied with the action of the Commission
relating to the issuance or denial of a permit shall have the right
to appeal to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a
within 20 days after receipt of notification of such action.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The applicant shall be advised by the Clerk of the Board of
Adjustment of the time and place of the hearing at which the appeal
will be considered, and shall have all rights defined under N.J.S.
40:55D-70a.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If the Board of Adjustment affirms the Commission's denial,
the applicant may seek legal remedies as afforded by law.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If, in the case of an appeal, the Board of Adjustment determines
there is an error in any order, requirement, decision or refusal made
by the Administrative Officer pursuant to a report submitted by the
Commission, the Board of Adjustment shall include the reasons for
its determination in the findings of its decision thereon.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
If any person shall undertake any activity vis-a-vis a historic
building, structure, tree, or site, or within a historic district,
without first having obtained a permit to do so, such person shall
be deemed to be in violation of this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Upon learning of the violation, the Administrative Officer shall
serve upon the owner or responsible party of the lot whereon the violation
is occurring a notice describing the violation in detail and giving
the owner 14 business days to abate the violation by restoring the
historic site or improvement to its status quo ante. If the owner
cannot be personally served within the municipality, the notice shall
be deemed to have been officially served if a copy has been posted
on site and a copy sent by certified mail, return receipt requested,
to the owner at his last known address as it appears on the municipal
tax rolls.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In the event that the violation is not abated within 14 days
of service or posting on site, whichever is earlier, the Administrative
Officer shall cause to be issued a summons and complaint, returnable
in the Municipal Court, charging violation of this Chapter.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any person violating any of the provisions of this Historic
Preservation Ordinance of the City of Newark shall, upon conviction
thereof, be subject to the penalties set forth for violation of the
zoning ordinance.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Fines not paid within the time period set by law shall convert
to a tax lien placed against the property and shall be recorded with
the City of Newark Property Tax Office and the Essex County Register
of Deeds and Mortgages.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Administrative Officer shall inspect work approved by a
permit and report to the Commission the results of such inspections.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The structural integrity of all historic sites and improvements
in historic districts shall be preserved against decay and deterioration
by being kept free from the following structural defects by the responsible
person:
1.
Deteriorated or inadequate foundation.
2.
Defective or deteriorated floor supports or any structural members
of insufficient size to carry imposed loads with safety.
3.
Members of walls, partitions or vertical supports that split, lean,
list or buckle due to defective material or deterioration.
4.
Structural members of ceilings and roofs, or other horizontal structural
members, which sag, split or buckle due to defective materials or
deterioration or are of insufficient size to carry imposed loads with
safety.
5.
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient strength to carry
imposed loads with safety.
6.
Lack of weather protection.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The responsible person shall repair the improvement within a specified period of receipt of a written order to correct defects or repairs to any improvement as provided in Section 41:10-23-1 above, so that such improvement shall be preserved and protected in accordance with the purposes of this Chapter 41:10.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
Any such order shall be in writing, state the actions to be
taken with reasonable particularity and shall specify dates for compliance
which may be extended for a reasonable period of time upon request
to allow the responsible person to secure financing, labor and/or
materials. Any such order may be appealed to the Board of Adjustment
within 20 days of receipt of same.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
That taking of an appeal or the commencement of any court action
hereunder shall not operate to stay any order requiring structures
to be secured or requiring temporary support unless the Board of Adjustment
or a court expressly stays such order.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
It is recognized that the intent and purposes of this Chapter 41:10 would not be fully served if the City were to control the actions of others but fail to apply similar constraints to itself. Accordingly, a permit shall be required before final approval of any City actions on public as well as private lands, streets, easements and rights-of-way for actions affecting designated historic sites, buildings, trees, or districts.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This requirement shall be deemed to include any action by any party which requires the approval or concurrence of the City or any City agency and which is not otherwise covered by the provisions of the Chapter 41:10.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
This Chapter 41:10 shall be liberally construed to effect the purposes set forth herein. In the event that this Chapter conflicts with State law, State law shall take precedence.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In the event that any portion of this Chapter 41:10 is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Chapter actually adjudged invalid and shall not be deemed to affect the operation of any other portion hereof.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
No duties or powers of the Commission shall supersede or infringe
on the powers of other City boards.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
All ordinances and all provision thereof inconsistent or conflicting with the provisions of this Chapter 41:10 are hereby repealed to the extent of such conflict or inconsistency.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
In the event that any action which would permanently change
adversely the historic building, structure, site or district, such
as demolition or removal, is about to occur without an approval having
been issued, the Administrative Officer shall apply to the Municipal
Council for such injunctive relief as is necessary to prevent the
destruction.
[Adopted 11-1-2023 by Ord. No. 6PSF-E, 11-01-2023]
The Newark Historic Landmarks and Historic Districts Maps may
be found in Appendix 41:A5.
