[Added 12-17-2001 by Ord. No. 2001-852[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. IV, Historic Preservation Commission, adopted 6-10-1998
by Ord. No. 1998:762.
This article shall be known by and maybe referred
to by this short title of "The Historic Preservation Ordinance of
the Borough of Closter."
The provisions of this article are intended
to effect and accomplish the protection, enhancement, and perpetuation
of especially noteworthy examples and elements of the Borough's environment
in order:
A.
To safeguard the heritage of Closter by preserving
resources within the Borough which reflect elements of its cultural,
social, economic, and architectural history;
B.
To encourage the continued use of historic and/or
noteworthy buildings, structures, objects, and sites and to facilitate
their appropriate reuse;
C.
To maintain and develop an appropriate and harmonious
setting for the historic and architecturally significant buildings,
structures, sites, and districts within the Borough;
D.
To stabilize and improve property values within the
Borough;
E.
To foster civic pride in the history and architecture
of the Borough;
F.
To encourage proper maintenance of and reinvestment
in the buildings and structures within the Borough;
G.
To regulate appropriate alteration of historic sites
as well as new construction within or near historic districts to ensure
compatibility with the existing environment and the Master Plan of
the Borough;
H.
To discourage the unnecessary demolition or other
destruction of historic resources;
I.
To further the public's knowledge of the history and
development of the Borough as well as its appreciation of the Borough's
historic sites;
J.
To enhance the visual and aesthetic character, diversity,
and continuity, and interest in the Borough and its neighborhoods;
K.
To encourage beautification and private investment
in the Borough;
L.
To promote the economic welfare of the Borough through
the preservation of its historic sites and landscapes.
As used in this article:
An extension or increase in building size, floor area or
height.
The Construction Code Official.
Any change in the exterior of architectural features or of
any improvement or addition.
A request to the Commission made pursuant to this article
for the purposes of obtaining a certificate of appropriateness or
other action by the Commission hereunder specified.
The application to the Planning Board or the Zoning Board
of Adjustment of the Borough for the approval of a major or minor
subdivision plat, site plan, planned development, conditional use,
zoning variants, or the direction of the issuance of a permit pursuant
to Section 25 or 27 of P.L. 1975, c. 291 (N.J.S.A. 40:55d-34 or 40:55D-36).
Any man-made structure, its site and appurtenances created
to shelter any form of human activity.
That document issued by the Historic Preservation Commission
required before work commences on any landmark or building, structure,
site, or object located within a landmark district.
The Historic Preservation Commission pursuant to the provisions
of this article.
The officer in charge in the granting of building or construction
permits in the Borough.
The partial or total razing, dismantling, or destruction,
whether entirely or in significant part, of any building, structure,
object or site. Demolition includes the removal of a building, structure
or object from its site or the removal or destruction of the facade
or surface.
An individual building, structure, site, object, or district
which has been designated as having historical, architectural, cultural,
aesthetic, or other significance pursuant to the provision of this
article.
The division of a parcel of land into two or more parcels,
construction, reconstruction, conversion, structural alterations,
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 other structure, or land extension of use of land
for which permission may be required pursuant to the Municipal Land
Use Law.
See "landmark district."
The process of determining whether identified properties
meet defined criteria of historical, architectural, archeological,
or cultural significance.
One or more historic sites and certain intervening or surrounding
property significantly affecting or affected by the quality and character
of historic site or sites as specifically designated herein.
Any prehistoric or historic district, site, building, structure,
or object included in the Borough Historic Site's Survey, or eligible
for inclusion in the National Register (of Historic Places); such
term includes artifacts, records, and remains which are related to
such a district, site, building, structure, or object.
Any real property, man-made structure, natural object, or
configuration or any portion or group of the foregoing which has been
designated in the Master Plan as being of historic, archeological,
cultural, scenic or architectural significance at the national, state,
or local level, as specifically designated herein, or any property
which is located in a historic district. The designation of a historic
site or landmark shall be deemed to include the Tax Map lot on which
it is located as well as the right-of-way contiguous thereto.
Any structure or any part thereof installed upon real property
by human endeavor and intended to be kept at the location of such
construction or installation.
Construction or construction materials that match construction
or construction materials being replaced on a designated structure
or object, thereby maintaining historic composition, design, color,
texture and other visual qualities.
[Added 2-14-2007 by Ord. No. 2007:980]
The ability of a property or element to convey its historic
significance; the retention of those essential characteristics and
features that enable a property to effectively convey its significance.
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this article or whose rights
to use, acquire or enjoy property under this article or under any
other law of this state or of the United States have been denied,
violated or infringed by an action or a failure to act under this
article.
A list of historic properties determined to meet criteria
of significance specified herein.
A building, structure, site, or object which has a special
character or special historical or aesthetic interest as part of the
development, heritage, or cultural characteristics of the Borough,
state, or nation, and which has been designated as a landmark pursuant
to the provisions of this article.
A geographic area with distinctly definable boundaries composed
of several buildings or sites which:
The Master Plan of the Borough of Closter, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
Any application for certificate of appropriateness which:
Does not involve demolition, relocation, or
removal of a historic site;
Does not involve an addition to an individual
property or a property in a historic district or new construction
in a historic district;
Is a request for approval of fences, signs,
lighting, paving, or streetscape work which will comply with the adopted
design guidelines for the improvement proposed and which will not
substantially affect the characteristics of the historic site or the
historic district.
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c . 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to
time.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
A building, site, structure, or object that does not add
to the historic or architectural qualities, historic associations
or archaeological values for which a property is significant because:
it was not present during the period of significance; due to alterations,
disturbances, additions, or other changes, it no longer possesses
historic integrity reflecting its character at that time or is incapable
of yielding important information about the period.
A material thing of functional, aesthetic, cultural, historic,
scenic, or scientific value that may be, by nature or design, movable,
yet related to a specific setting or environment.
A legislative act of the governing body of a municipality
adopted in accordance with statutory requirements as to notice, publicity,
and public hearing as required by law.
The repair of any deterioration, wear, or damage to a structure
or any part thereof in order to return the same as nearly practicable
to its original condition prior to the occurrence or such deterioration,
wear, or damage with in-kind material and replacement of exterior
elements or accessory hardware, including signs, using the same materials
and workmanship and having the same appearance.
Any person having a right, title, or interest in any property
so as to be legally entitled, upon obtaining such permits and other
authorizations as may be required pursuant to law, to perform construction,
alteration, removal, demolition, or other work with respect to such
property.
Any required approval for exterior work to any improvement
or property in a historic district or on a historic site. Permit shall
include, but is not limited to, a building permit, a demolition permit,
a permit to move, convert, relocate, or remodel, or to change the
use or type of occupancy of any improvement or property in a historic
district which involves exterior changes to the structure or the property
on which it is located.
The act or process of applying measures to sustain the existing
form, integrity and material of a building or structure, and the existing
form of vegetative cover of a site. It may include initial stabilization
work, where necessary, as well as ongoing maintenance of the historic
building materials.
The act or process of applying measures designed to preserve
the physical condition of a property by guarding it from deterioration
or loss.
The act or process of reproducing by new construction the
exact same form and detail of a vanished or nonsurviving building,
structure, or object, or any part thereof, as it appeared at a specific
period of time when documentary and visible evidence is available
to permit accurate reconstruction.
The act or process of returning a property to its state of
utility though repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural and
cultural values.
Any work done on an improvement that is not an addition and
does not change the exterior appearance of any improvement; provided,
however, that any such repairs must be done with materials and workmanship
of the same quality as the existing materials and workmanship of the
improvement.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of a later work or by the replacement
of missing earlier work.
Any real property, whether public or private, with or without
improvements, which is the location of a significant event or series
of events, a prehistoric or historic occupation or activity, or a
building, structure, or object, or any configuration, portion, or
group of forgoing, which has been designated by the Commission as
having historical, archeological, cultural, scenic, or architectural
significance pursuant to the provisions of this article.
The visual character of the street including, but not limited
to, the architecture, building setbacks and height, fences, storefronts,
signs, lighting, parking areas, materials, sidewalks, curbing and
landscaping.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land. The word "structure" shall also include any building
or improvement with a roof.
A process of identifying and gathering data on a community's
historic resources. It includes a field survey which is the physical
search for and recording of historic resources on the ground, preliminary
planning and background research before the field survey begins, organization
and presentation of survey data as the survey proceeds, and the development
of inventories.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
The view by the public of a building, structure, object,
or site from any point on a street or walkway which is used as a public
thoroughfare, either vehicular and/or pedestrian.
A.
Establishment; composition. It is hereby established,
pursuant to N.J.S.A. 40:55D-107 et seq., in the Borough of Closter,
a Historic Preservation Commission, "H.P.C." The Commission shall
consist of seven members appointed by the Mayor and Council with the
advice and consent of the Council.
[Amended 3-12-2008 by Ord. No. 2008:1004]
(1)
The seven members of the H.P.C. shall fall within
three classes as follows:
(a)
Class A: A person who is knowledgeable in building
design and construction or architectural history.
(b)
Class B: A person who is knowledgeable of the
local history or has demonstrated interest in local history.
(c)
Class C: A citizen of the municipality who shall
hold no other municipal office, position, or employment except for
membership on the Planning Board or Zoning Board of Adjustment.
(2)
Class C members are regular members who are not designated
as Class A or B.
(3)
Class A and Class B members may reside outside the
Borough, with preference given to residents of the Borough.
(4)
There shall be at least one Class A and at least one
Class B member.
B.
Alternate members. There shall be two alternate members
who shall be appointed by the Mayor with the advice and consent of
the Council and shall be designated at the time of the appointment
as "Alternate No. 1 and Alternate No. 2." Alternate members shall
meet the qualification of Class C members.
C.
Terms.
(1)
The initial terms of the regular members first appointed
under this article shall be determined to the greatest practicable
extent so that the expiration of the terms shall be distributed evenly
over the first four years of their appointment, provided that the
initial term of no regular member shall exceed four years. Thereafter,
the term of a regular member shall be for four years. Notwithstanding
any other provisions, the term of any member common to the Historic
Preservation Commission and the Planning Board shall be for the terms
of the 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.
(2)
In the case of alternate members, the initial terms
shall be distributed evenly over the first two years after their initial
appointment, provided that the initial term of no alternate member
shall exceed two years. Thereafter, the term of an alternate member
shall be two years.
D.
Vacancies. Vacancy in any class, including alternate
members, occurring otherwise than by an expiration of term, shall
be filled for the unexpired term only.
E.
Organization; officers.
(1)
The Historic Preservation Commission shall elect a
Chairman and a Vice Chairman from its members and shall select a Secretary
who may or may not be a member of the Historic Preservation Commission
or a municipal employee.
(2)
Alternate members may participate in discussions of
the proceedings. They may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
F.
Funding; staff.
(1)
The Borough Council shall make provisions in its budget
and appropriate funds for the expenses of the Historic Preservation
Commission.
(2)
The Historic Preservation Commission may employ, contract
for, and affix the compensation of experts and other staff and services
as it shall deem necessary within its budget. The Commission shall
obtain its legal counsel from the Municipal Attorney at the rate of
compensation to be determined by the governing body. Expenditures
pursuant to this section shall not exceed, exclusive of gifts or grants,
the amount appropriated by the governing body for the Commission.
G.
Rules and organization of the Commission. The Commission
shall have the authority to adopt all rules and regulations necessary
to carry out its functions under the provisions of this article, including,
but not limited to, maintenance of records and procedures subject
to the following:
(1)
No Commission member shall be permitted to act on
any matter in which he or she has, either directly or indirectly,
any business interest. Mere ownership of and occupation of an historic
residence shall not be deemed a personal or financial interest.
(2)
The Commission shall establish a regular schedule
of meetings. The Commission shall meet no less than once every month
to address the current agenda, otherwise the Commission shall meet
once every two months. Additional meetings may be called by the Chairperson
or Vice Chairperson as required to fulfill its obligations to advise
the Planning Board, Zoning Board, or Borough Council as deemed necessary.
(3)
All Commission minutes and records as kept and maintained
by the Commission's Secretary shall be public records, and all Commission
meetings shall comply with the Open Public Meeting Act (N.J.S.A. 10:4-7
et seq.).
(4)
A member of the Borough Council and a member of the
Planning Board shall be designated as liaison between those bodies
and the Commission. The role of such liaisons should be informational
only, and shall possess no voting rights with regard to action taken
by the Commission.
(5)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for certificates
of appropriateness for the designations of historic districts and
sites.
(6)
When the Planning Board or Zoning Board of Adjustment
refers an application to the Historic Preservation Commission, then
the referring Board shall receive a copy of the Commission's Report.
(7)
The Construction Official shall maintain and display
an up-to-date map showing the historic districts, as well as a current
listing of historic sites.
(8)
A member of the Commission may, after a public hearing,
if requested, be removed by the governing body for cause.
(9)
Meetings; quorum.
(a)
The Historic Preservation Commission shall establish
and post in Borough Hall a schedule of meetings. Regular meetings
shall be held as scheduled unless canceled for a lack of applications
to process.
(b)
Five members shall constitute a quorum. A majority
vote of those present and voting shall prevail and shall be sufficient
to grant or deny a certificate of appropriateness, change a historic
site or district designation or to grant a demolition permit.
[Amended 1-2-2018 by Ord.
No. 2017:1237]
(c)
The Historic Preservation Commission shall prepare
an annual report to the governing body which shall be available to
the public and placed on file in the Borough Hall. The report shall
detail all activities, including problem solving, advice and support
given.
H.
Powers and duties of the Commission. The power and
duties of the Commission shall be as follows:
(1)
To survey buildings, structures, objects, sites, and districts located within the Borough, and to research and evaluate them for their significance in accordance with the criteria established as set forth in § 35-54A;
[Amended 7-10-2002 by Ord. No. 2002:869]
(2)
To maintain and expand when appropriate a comprehensive
inventory of such buildings, structures, sites, objects and districts
which are worthy of designation under the provisions of this article;
(3)
To propose to the Borough Council those buildings,
structures, objects, sites and districts located within the Borough
which it has found to be worthy of landmark designation and hence
should be subject to provisions of this article. Actual nomination
to a finding of eligibility for or listing on the National or State
Register of Historic Places is not necessary for the provisions of
this article to take effect once a property has been designated as
significant by the Commission;
(4)
To nominate buildings, structures, objects, sites
and districts for the inclusion in the National and/or the State of
New Jersey Registers of Historic Places;
(5)
To make recommendations to the Planning Board and
Borough Council in the preparation and periodic updating of the Historic
Preservation Element of the Master Plan for the Borough, including,
but not limited to, the addition or deletion of historic sites and
districts identified in the Borough's Master Plan;
(6)
To make recommendations to the Planning Board and
Borough Council on the historic preservation implications of any proposed
or adopted zoning or development ordinance(s) or proposed or adopted
elements of the Borough's Master Plan;
(7)
To advise and assist Borough officers, employees,
boards, and other bodies, including those at the county, state or
federal levels, on all matters which have potential impact on the
historic buildings, structures, objects, sites or districts in the
Borough or on the physical character and ambience of any portion of
the Borough or region;
(8)
To approve or disapprove applications for certificates
of appropriateness and minor applications pursuant to the provisions
of this article;
(9)
To draft and/or recommend to the Borough Council and
the Planning Board ordinances or amendments to existing ordinances
that would resolve any conflicts which may exist between the design
standards of this article and the building or zoning regulations of
the Borough;
(10)
To advise the Borough Council and the Planning Board
on the relative merits or proposals involving the use of public funds
to restore, preserve and protect historic buildings, structures, objects,
and sites, including the preparation of the long-range plan; therefore,
to advise the Borough Council and Planning Board on securing state,
federal, and/or other grants or assistance in support of such projects;
and to monitor such projects once under way;
(11)
To increase public awareness to the value of historic,
architectural, and cultural preservation by developing and participating
in public information programs;
(12)
To cooperate with local, county, state, or national
historical societies, governmental bodies, and organizations to maximize
the contributions of the Commission in accordance with the intent
and purposes of historic preservation;
(13)
To make information available to residents of historic
buildings or districts concerning guidelines for rehabilitations and
design criteria for new construction established under this article;
(14)
To seek any benefits which may be granted under the
National Historic Preservation Act, as amended, or any other state
or federal legislation, including, but not limited to, the benefits
which flow to communities under the Certified Local Government Program
with regard to training, grant funding, and technical assistance;
and, in furtherance thereof, to take any steps necessary to assist
the Borough of Closter in the preparation and submission of any documents
needed for certification of the Borough as a Certified Local Government
under the National Historic Preservation Act.
A.
Criteria for designation. The Commission shall consider
as worthy of designation those buildings, structures, objects, sites,
and districts that have integrity of location, design, setting, materials,
workmanship, feeling, and association, and that meet one or more of
the following criteria:
(1)
That are associated with events that have made a significant
contribution to the Borough of Closter by reflecting or exemplifying
the broad cultural, political, economic, or social history of the
nation, state, or community;
(2)
That are associated with historic personages important
in national, state, or local history;
(3)
That is the site of an historic event which had a
significant effect on the development of the nation, state or community;
(4)
That embody distinctive characteristics of a type,
period, or method of construction; that represent the work of a master;
that possess high artistic values; or that represent a significant
distinguishable entity whose components may lack individual distinction;
(5)
That are otherwise of particular historic significance
to the Borough of Closter by reflecting or exemplifying the broad
cultural, political, economic or social history of the nation, state,
or community.
B.
Procedures for designation. Proposals to designate
a property as historic pursuant to this article may be made by the
Borough Council, the Commission, the Planning Board, or by the verified
(sworn) application of the owner(s) or authorized agent(s) of the
individual property to be designated, or, in the case of a proposed
district, by the verified (sworn) application of 10% of the owners
of record or persons residing within the district, or by a verified
(sworn) application of any organization with a recognized interest
in historic preservation, in accordance with the following procedures:
[Amended 7-10-2002 by Ord. No. 2002:869]
(1)
Nomination proposals. The party proposing property
for designation under this section shall prepare and submit to the
Commission a nomination report for each proposed property, site, 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 districts; 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 Borough; and a physical description and statement of
significance and proposed utilization of the site.
(2)
Moratorium on applications for alteration or demolition
during pendency of designation action. No applications for a permit
to construct, alter or demolish any structure or any feature of a
proposed landmark or property located within a proposed landmark district,
filed subsequent to the date that an application has been filed or
a resolution adopted to initiate designation of a proposed landmark
or landmark district, shall be approved by the administrative officer
or other municipal agency without review by the Commission of such
applications and the granting of a C/A. Commission review of such
applications shall be conducted as if the property related to such
applications had already been designated as a landmark property or
district, and thereby are subject to the same criteria, standards,
and procedures which govern similar applications concerning properties
designated as landmarks or properties within a landmark district.
After the expiration of 180 days from the date of the initial filing
of the designation proposal with the Commission, the permit application
may be approved without Commission review in accordance with the relevant
provisions of the Municipal Code of the Borough.
(3)
Notice. The Commission shall schedule a public hearing
on the proposed designation of a landmark or landmark district at
least 20 days prior to the hearing and the Commission shall, by personal
service or by certified mail:
(a)
Notify the owner(s) of record of a property
that has been proposed for designation, or of a property within a
district that has been proposed for designation, that the property
is being considered for such designation and the reason therefor;
(b)
Advise the owner(s) of record of the significance
and consequences of such designation and the rights of the owner(s)
of record to contest such designation under the provisions of this
article;
(c)
Notify the owner(s) of record of the date, time,
and location of the hearing concerning the proposed designation of
the property; and
(d)
Serve any notices further required under the
provisions of the Municipal Land Use Law.
(4)
Public notice of hearing. Public notice of hearing
shall be given at least 20 days prior to the hearing by publication
in the official newspaper of the Borough. A copy of the nomination
report shall also be made available for public inspection in the Borough
Clerk's office at least 20 days prior to the hearing.
(5)
Hearing. At a public hearing scheduled in accordance with this article, 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 § 35-54B(6) of this article must submit their protest in writing to the Commission in accordance with the provisions of that section of this article.
[Amended 7-10-2002 by Ord. No. 2002:869]
(6)
Protests. Protests against landmark designation signed
by the owner(s) of record of a proposed landmark may be filed with
the Commission 10 days prior to the scheduled hearing date of the
proposed designation before the Commission.
[Amended 2-14-2007 by Ord. No. 2007:980]
(7)
Commission report. Upon Commission review and public
hearing, the Commission shall forward the Borough 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.
(8)
Referral to the Planning Board. The Borough Council
shall refer the report to the Planning Board, which in turn shall
report to the Borough Council as soon as possible but within 60 days.
Failure of the Planning Board to transmit its report within the sixty-day
period provided herein shall relieve the Borough Council of its obligations
relating to the referral of such a report to the Planning Board. Borough
Council action on a landmark or landmark district designations shall
be otherwise subject to those procedures and statutes that apply to
a change of a zoning designation and the adoption, revision, or amendment
of any development regulation.
(9)
Final designation. As soon as possible after its receipt
of the report of the Planning Board or the expiration of the period
allowed for the Planning Board comment on designations pursuant to
this article, the Borough Council shall act upon the proposed designation
list and map, and may approve, reject, or modify by ordinance any
designation recommendations made by the Planning Board. In the event
that the Borough Council votes to reject or modify any Planning Board
recommendations for a proposed designation, the Borough Council shall
record in its minutes the reasons for not following such recommendation.
All action taken by the Borough Council on proposed designations shall
become effective upon a favorable vote of a majority of the eligible
members of the governing body.
[Amended 2-14-2007 by Ord. No. 2007:980]
(10)
Public notice of designation. Notice of designation
shall be made public by publication in the official newspaper of the
Borough and by distribution to the municipal agencies reviewing development
applications and permits. A certificate or letter of designation shall
be sent to the owner(s) of record.
(11)
Incorporation of designated landmarks into Borough
records. Upon adoption, the designation list and map shall be incorporated
by reference into the Master Plan and Zoning Ordinance of the Borough
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 Borough Tax Assessor and the Borough
Clerk.
(12)
Amendments. Landmark and landmark district designations
may be amended in the same manner as they were adopted in accordance
with the provisions of this article.
A.
Actions requiring review.
(1)
All permits and development applications involving
the development activities that affect a historic landmark or an improvement
within a historic district shall be reviewed by the Commission. Such
review shall be required for the following actions:
(a)
Demolition of a historic landmark or an improvement
within a historic district.
(b)
Relocation of any structure within a historic
district or of any historic landmark.
(c)
All changes in the exterior architectural appearance
of any improvement within a historic district or of any historic landmark
in the public view as defined in this section of the Code by addition,
alteration, or replacement.
[Amended 6-22-2011 by Ord. No. 2011:1097]
(d)
Any new construction of an improvement in a
historic district.
(e)
Site plans or subdivisions affecting a historic
landmark or an improvement within a historic district.
(f)
Zoning variances affecting a historic landmark
or an improvement within a historic district.
(g)
New paint applied to historically unpainted
exterior surfaces.
[Added 2-14-2007 by Ord. No. 2007:980]
(2)
Within 60 days of receiving an application for review,
the Commission shall submit in writing to the Planning Board its recommendation
with respect to the application. The report shall include findings
and conclusions which are based on evidence in the record. Final determination
of the appropriateness of the application shall be made by the Commission,
which decision shall be binding on the administrative officer.
B.
Actions not requiring review.
(1)
When a historic landmark requires immediate emergency
repair to preserve the continued habitability of the landmark and/or
health and safety of its occupants or others. Emergency repairs shall
be performed only in accordance with the following procedure:
[Amended 7-10-2002 by Ord. No. 2002:869]
(a)
When, a historic landmark or key or contributing
historic district resource requires immediate repair to preserve its
continued habitability and/or the health and safety of its occupants
or others, emergency repairs may be performed in accordance with the
applicable construction codes immediately upon approval of the Construction
Official, who shall certify that a bona fide emergency of the type
described herein exists, without first obtaining a certificate of
appropriateness from the Commission. Under such circumstances, the
repairs performed shall be only such as are necessary to preserve
the continued habitability of the building or structure and/or health
and safety of its occupants or others. Where feasible, temporary measures
to prevent further damage shall be used, provided these measures are
reversible without damage to the building or structure.
(b)
Simultaneously with the commencement of the
emergency work, the property owner shall make a request for a certificate
of appropriateness from the Commission memorializing the approval
of said emergency work. This request shall be made pursuant to the
procedures set forth in this article.
(c)
It should be noted that the procedures outlined
in this section should be strictly limited to those circumstances
which, in the opinion of the Construction Official, rise to the level
of a bona fide emergency of the type referenced above. No work in
addition to the emergency repairs shall be performed until an appropriate
request for approval has been granted by the Construction Official
and the Commission.
(2)
Changes to the interior of structures.
(3)
For ordinary repairs and maintenance which do not
constitute a change to the appearance to the structure. The following
are the only activities which do not require Commission review according
to this criteria:
(a)
Repair of existing windows and doors using the
same material. Installation of storm windows that are compatible with
the architectural period or design of the subject structure.
(b)
Maintenance and repair of existing roof material,
involving no change in the design, scale, material, or appearance
of the structure.
(c)
Repair of existing roof structures such as dormers
and chimneys using the same materials which will not alter the exterior
architectural appearance of the structure.
(d)
Replacement in kind of existing shingles, clapboards,
or other siding maintaining the architectural integrity of the structure.
(e)
Maintenance and repair of existing shingles,
clapboards or other siding using the same materials that are being
repaired or maintained.
(f)
Repairs to existing signs, shutters, outdoor
displays, fences, hedges, street furniture, awnings, off-street driveway
and parking material and sidewalks using the same material for those
items noted above being repaired.
(g)
New paint applied to historically painted exterior
surfaces.
[Added 2-14-2007 by Ord. No. 2007:980]
C.
Informal review of concept plan for proposed undertakings.
At the request of the applicants considering action that may require
Commission review, the Commission shall grant an informal review of
a concept plan for the proposed undertaking. Neither the applicant
not the Commission shall be bound by any informal review.
A.
General criteria for review. In reviewing an application
for its effect on a landmark or a building, structure, or site located
within the landmark district, the following criteria shall be used
by the Commission, the Planning Board, the Zoning Board of Adjustment,
the Borough Council and all other officials and agencies of the Borough
responsible for the administration of this article. The criteria set
forth in this subsection relate to all projects affecting landmarks
and any buildings, structures, objects, and sites located within landmark
districts; and, with regard to such proposed projects, the following
factors shall be considered:
(1)
The impact of the proposed change on the historic,
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 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, building,
structure, object, or site located within a landmark district;
(5)
The impact that 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 herein.
B.
Rehabilitation of existing buildings, structures,
objects, and sites. In reviewing any application, the Commission shall
make its recommendation as to whether any application should be approved,
approved with conditions, or denied on the basis of the purposes and
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"
as hereafter may be amended:
[Amended 2-14-2007 by Ord. No. 2007:980]
(1)
Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal alteration of
the building, structure, object, 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 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 duplication of features, substantiated by historic,
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 archeological 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 significant historical, architectural
or cultural material, and such design is 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.
Design criteria-new construction.
(1)
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 the landmarks or new construction, additions, or alterations
to buildings, structures, objects, or sites located within landmark
districts.
(a)
Height. The height of the proposed structure
shall be visually compatible with adjacent buildings.
(b)
Proportion of facade. The relationship of the
width of the building to the height of the front elevation shall be
visually compatible with buildings and places to which it is visually
related.
(c)
Proportion of the openings. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with buildings and places to which it is visually
related.
(d)
Rhythm of solids. The relationship of solids
to voids in the facade of a building shall be visually compatible
with buildings and places to which it is visually related.
(e)
Rhythm of spacing. The relationship of the building
to the open space between it and adjoining buildings shall be visually
compatible with buildings and places to which it is visually related.
(f)
Rhythm of entrances. The relationship of entrances
and porches to the street shall be visually compatible to buildings
and places to which it is visually related.
(g)
Relationship of materials. The relationship
of materials, texture, and tone to the facade and roof of a building
shall be visually compatible with the predominant materials used in
buildings to which it is visually related.
(h)
Roof. The roof shape of a building shall be
visually compatible with buildings to which it is visually related.
(i)
Continuity of walls. Walls and open fencing
shall maintain visual compatibility with buildings and places to which
it is visually related.
(j)
Scale. The size of a building mass in relation
to open spaces, window and door openings, porches and balconies shall
be visually compatible with buildings and places to which it is visually
related.
(k)
Exterior features. A structure's related exterior
features, such as lighting, fences, sidewalks, driveways and parking
areas, shall be compatible with the features of those structures to
which it is visually related and shall be appropriate for the historic
period for which the structure is significant. New signage shall also
abide by any supplemental historic design or graphic standards that
may be developed by the Commission for the district.
(2)
It is not the intent of this article to discourage
contemporary architectural expression or to encourage new construction
which emulates existing buildings or historical architectural interest
or of a certain period architectural style, but rather to preserve
the integrity and authenticity of a historic preservation district
and to ensure the compatibility of new structures therein.
D.
Review criteria for demolition. With regard to applications
to demolish a landmark or any building, structure, object or site
located within a landmark district, the following matters shall be
considered:
(1)
Its historical, architectural, cultural, and aesthetic
significance in relation to the criteria set forth in this article.
(2)
Its use, its intended use, and/or the use for which
the buildings, structure, object, or site was originally designed
and the feasibility of the continuation of its designed use.
(3)
Its importance to the Borough and the extent to which
its historical or architectural value is such that its removal would
be detrimental to the landmark district and/or to the public interest.
(4)
The extent to which it is of such old, unusual, or
uncommon design, craftsmanship, texture, or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote business,
create new positions, attract tourists, students, writers, historians,
artists, or artisans, encourage study and interest in American history,
stimulate interest and study in architecture and design, educate citizens
in American culture and heritage or make the Borough a more attractive
and desirable place in which to live.
(6)
The probable impact of its removal upon the ambience
of the landmark district.
(7)
The structural soundness and integrity of the building,
structure, object, or site and the economic feasibility for its restoration
or rehabilitation so as to allow for its reasonable use.
(8)
The threat to the public health and safety as a result
of deterioration or disrepair of the building, structure, object,
or site.
(9)
The technological feasibility of structural rehabilitation.
(10)
The interference with the charitable purposes of any
nonprofit or charitable organization if demolition is not permitted.
E.
Criteria regarding the relocation of historic buildings
or structures. The following factors shall be considered with regard
to an application to move to a new location or site any landmark or
any building, structure, or object located within a landmark district:
(1)
The impact of the loss of integrity suffered as a
result of the removal from the original and/or historic location;
and, if located within a historic district, the impact of that loss
integrity upon the district as a whole.
(2)
The reasons for not retaining the landmark or structure
at its present site.
(3)
The compatibility, nature, and character of the areas
adjacent to both the present site and the proposed site as they relate
to the protection of historic properties and districts as regulated
by this article.
(4)
In the event that a proposed new location is in a
historic district, the impact on the visual compatibility of adjacent
buildings, structures, objects or sites as set forth herein.
(5)
The likelihood of significant damage to the physical
integrity of the building, structure or object itself.
A.
When required. A certificate of appropriateness issued
by the Commission shall be required before a permit is issued or before
work can commence for any of the following activities within a historic
district(s) or on a historic site designated on a zoning map:
(1)
Demolition of any building, improvement, site, place,
or structure.
(2)
Change in the exterior appearance of any building,
improvement, site, place or structure by addition, reconstruction,
alteration or maintenance. Exterior change for all primary and accessory
buildings shall include special consideration of character-defining
features visible from the public right-of-way.
(3)
Relocation of a principal or accessory building or
structure.
(4)
Any addition to or new construction of a principal
or accessory building or structure.
B.
When not required.
(1)
A certificate of appropriateness shall not be required
before a permit is issued by the Construction Code Official for changes
to the interior of structure or which strictly meet the standards
for ordinary maintenance and repair as defined in this article.
(2)
The Construction Official shall review all permit
applications to determine if the application proposes work which constitutes
ordinary maintenance or repair as defined in this article. The Construction
Official may issue a permit if he/she finds that the work strictly
meets the standards for ordinary maintenance and repair as defined
in this article. The Construction Official shall refer the application
to the Historic Preservation Commission if he finds that the proposed
work does not meet the standards for ordinary maintenance and repair.
C.
Application procedures.
(1)
The administrative officer shall refer all applications
for permits pertaining to regulated activities involving landmarks
or any buildings, structures, objects, and sites located within landmark
districts to the Commission for a written report on the application
of the Zoning Ordinance provisions concerning historic preservation
to any of those aspects of the changes proposed which were not determined
by approval of an application for development by a municipal agency
pursuant to the Municipal Land Use Law. A certificate of appropriateness
(hereinafter "C/A"), issued by the Commission in accordance with the
procedures of this article, is required prior to the commencement
of any activities involving landmarks or properties within landmark
districts which are governed by the provisions of this article.
(2)
Applications shall be made on forms available in the
office of the administrative officer in the Closter Borough Hall.
Completed applications shall be delivered or mailed to the administrative
officer at the Closter Borough Hall or may be submitted directly to
the Commission for review and approval.
(3)
Upon receipt of an application for a C/A, the Commission
shall schedule a hearing for the purpose of reviewing said application
and shall advise the applicant(s) in writing of the time, date, and
place of said hearing.
(4)
Applications shall include a completed application
form which contains a precise written description of the proposed
work or activity and any of the following as may be required by the
Commission:
(a)
Photographs of the existing structure or lot;
(b)
Scaled drawings showing site plan layout, facade
elevations, and specifications for materials;
(c)
For new construction applications, a streetscape
elevation drawn to scale, showing the new structure in the context
of neighboring buildings, structures and sites;
(d)
For large projects, working drawings;
(e)
The Commission may require the submission of
additional information reasonably necessary to reach an informed decision
on the application.
D.
Commission review of applications for permits (N.J.S.A.
40:50D-111).
(1)
The Commission shall review applications for a C/A
at a public hearing. The applicant(s) shall not be required to appear
or to be represented at any meeting of the Commission at which the
Commission will consider his or her (their) application for a C/A,
regardless of the ultimate findings and a report of the Commission.
(2)
As soon as practicable but no later than 45 days after
the administrative officer has referred the application to the Commission,
the Commission shall return to the administrative officer its written
report recommending granting or denying the application, which report
may be stated in resolution form. The Commission shall file a second
report with the Planning Board within 10 days of the Commission's
decision on the application.
(3)
Appeals from determinations of the Construction Official
pursuant to referral to the Historic Preservation Commission may be
made by the applicant to the Zoning Board of Adjustment, according
to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the
right of judicial review of the action after an appeal is concluded
by the Zoning Board of Adjustment. The appellant shall pay all costs
for copies of any transcript(s) required for appeal.
(4)
The owner shall post the certificate of appropriateness
on a conspicuous spot on the site visible to the public during the
entire process of work.
(5)
Issuance of an approval of a permit shall be deemed
to be final approval pursuant to this article. Such approval shall
neither cause nor prevent the filing of any collateral application.
The denial of a permit shall be deemed to preclude the applicant from
undertaking the activity applied for.
(6)
When a C/A has been issued, the administrative officer
or his appointee 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.
(7)
Except as hereafter provided, a C/A shall be valid
for a period of two years from date of issue unless reasonable extensions
are requested by the applicant or the Commission. In cases where demolition
is permitted, the C/A shall be valid for one year from the date of
the Historic Preservation Commission approval of the application.
The one-year period shall not be extended.
E.
Minor applications. The Chairman of the Historic Preservation
Commission, or a committee of Commissioners appointed by him/her and
acting on his/her behalf, may review applications for minor work,
without holding a public hearing. If the Chairman finds the application
appropriate, he/she may act in place of the full Commission and issue
a certificate for minor work to the Construction Official, who may
then issue a building permit. If the Chairman does not find the application
appropriate, the application should be scheduled for a public hearing
before the full Commission.
[Amended 7-10-2002 by Ord. No. 2002:869]
F.
Assignment. No assignment of the rights granted by
a certificate of appropriateness shall be permitted.
The Planning Board and Board of Adjustment shall
refer to the Commission every application 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. The 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 Commission may
provide its advice, which shall be conveyed through its delegated
members or staff, who shall testify orally at the hearing and explain
any written report which may have been submitted by the Commission
regarding the application. The Commission shall make available to
the applicant a copy of its written report concerning said application
for development.
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 an activity without approvals required
by this article shall be deemed to be in violation hereof.
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 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 Borough 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 10 days of service or posting on site, whichever
is earlier, the administrative office 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 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 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 office 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 article before a court of
competent jurisdiction shall be subject to penalties as follows:
A.
Priority. Recognizing the need for preventive maintenance
to insure the continued useful life of historic buildings, structures,
objects, and sites, the Borough Council hereby declares that code
enforcement for such designated properties is a high municipal priority.
B.
Notice of violation. In the event that any landmark
or any building, structure, object, or site located within a landmark
district deteriorates to the point that, in the best estimate of the
administrative officer, the cost of correcting the outstanding code
violations equals more than 10% of the cost of replacing the entire
building, structure, object, or site on which the violation occurs,
the administrative officer shall serve personally or by certified
mail, return receipt requested, a notice on the owner of the property
listing the violations, the estimate for their abatement, and the
replacement costs of the improvements, and stating that if the owner
does not take all necessary remedial action within 60 days, or such
extensions as the administrative officer shall grant for good cause,
the Borough of Closter's designated official may, at the expiration
of said 60 days, enter upon the property and abate such violations
and cause the cost thereof become a lien on the property.
C.
Hearing. Upon receipt of such notice, the owner may,
within 20 days after such receipt, notify the administrative officer
of his or her intentions to have a hearing as to the allegations and
estimates set forth in the notice. Such a hearing shall be conducted
by the Commission and shall, so far as possible, be a formal adversary
proceeding in which the administrative officer shall establish matters
alleged in the notice by the preponderance of the evidence. If a hearing
is requested, the administrative officer will, within 10 days following
the hearing, serve on the owner an opinion in writing setting forth
his or her conclusions and the reasons therefor.
D.
Action without a hearing. If the owner does not request a hearing, the findings of the Administrative Officer set forth in the notice issued in § 35-59B shall be binding, and the administrative officer may take such necessary action as granted by the provisions of this article.
E.
Right of abatement. If the owner does not comply with
the findings of the administrative officer, the administrative officer
may enter onto the premises and, by use of municipal labor or outside
contractors, or both, perform such work as is necessary to abate all
violations.
F.
Costs. The administrative officer shall then certify
to the Borough Council the cost of such work performed, plus all administrative,
clerical and legal costs and overhead attributable thereto and shall
present the same to the Borough Council.
G.
Lien. The Borough Council may, by resolution, vote
to cause the sum so certified to become a lien upon the property,
payable with the next quarter's property taxes, and, if not then paid,
bearing interest at the same rate as delinquent taxes.
It shall be the duty of all municipal officials
of the Borough of Closter reviewing all permit applications involving
any real property or improvements thereon to determine whether such
application involved any activity which should also be the subject
of an application for a permit, and if it should be, to inform the
Secretary of the Commission, the administrative officer, and the applicant
of the same.
