Township of Montclair, NJ Article XXIII Historic Preservation

[Added 6-14-1994 by Ord. No. 94-20; amended 7-12-2005 by Ord. No. 05-34; 1-8-2008 by Ord. No. 07-59; 7-7-2009 by Ord. No. O-033-09; 12-11-2012 by Ord. No. O-12-58]

§ 347-126 Title.

This article shall be known by and may be referred to by the short title of the "Historic Preservation Ordinance of the Township of Montclair."

§ 347-127 Purpose.

The provisions of this article are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Township's environment in order to:

A. Safeguard the heritage of Montclair by preserving resources within the Township which reflect elements of its cultural, social, economic and architectural history.

B. Encourage the continued use of historic and/or noteworthy buildings, structures, objects and sites and to facilitate their appropriate reuse.

C. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites and districts within the Township.

D. Stabilize and improve property values within the Township.

E. Foster civic pride in the history and architecture of the Township.

F. Encourage proper maintenance of and reinvestment in buildings and structures within the Township.

G. Regulate appropriate alteration of historic sites as well as new construction within or near historic districts to ensure compatibility with the existing built environment and the Master Plan of the Township.

H. Discourage the unnecessary demolition or other destruction of historic resources.

I. Further the public's knowledge of the history and development of the Township as well as its appreciation of the Township's historic sites.

J. Enhance the visual and aesthetic character, diversity, continuity and interest in the Township and its neighborhoods.

K. Encourage beautification and private investment in the Township.

L. Promote the economic welfare of the Township through the preservation of its historic sites and landscapes.

§ 347-128 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ADDITION

An extension or increase in building size, floor area or height.

ADMINISTRATIVE OFFICER

The Construction Official.

ALTERATION

Any change in the exterior architectural features of any improvement or addition.

APPLICATION

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.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance to the Planning Board or the Zoning Board of Adjustment of the Township for approval of a major or minor subdivision plat, site plan, planned development, conditional use, zoning variance 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).

BUILDING

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CERTIFICATE OF APPROPRIATENESS (or C/A)

That document issued by the Historic Preservation Commission required before work commences on any landmark or any building, structure, site or object located within a landmark district.

COMMISSION

The Historic Preservation Commission established pursuant to the provisions of this article.

CONSTRUCTION OFFICIAL

The officer in charge of the granting of building or construction permits in the Township.

DEMOLITION

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.

DESIGNATED PROPERTY OR DISTRICT

An individual building, structure, site, object or district which has been designated as having historical, architectural, cultural, aesthetic or other significance pursuant to the provisions of this article.

DEVELOPMENT

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 other structure or land or extension of use of land for which permission may be required pursuant to the Municipal Land Use Law.[1]

DISTRICT

See "landmark district," as defined herein.

HISTORIC

Having historical, architectural, cultural, aesthetic or other significance, as defined by the provisions of this article.

HISTORIC DISTRICT

Shall have the same meaning as "landmark district" or "district" as defined herein.

[Added 11-18-2019 by Ord. No. O-19-021]

HISTORIC PRESERVATION OFFICER

The officer designated by the Manager, responsible for processing preservation plans, for planning, developing, coordinating, and implementing historic, architectural and archeological preservation projects and activities, for preparing reports and recommendations in connection with permit applications, and for executing and furthering the purposes of Article XIII. The duties of the Historic Preservation Officer may be assigned by contract to an independent individual or firm, as long as the firm designates a specific person to hold the title. The Historic Preservation Officer shall be qualified by education and experience to perform the duties set forth herein.

[Added 11-18-2019 by Ord. No. O-19-021]

IMPROVEMENT

A building or other structure or any work constituting a man-made alteration of or addition to any site.

INTEGRITY

The authenticity of the historic identity of a building, structure, site, object or district evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.

INTERESTED PARTY

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.

INVENTORY

A list of historic properties determined to meet specified criteria of significance.

LANDMARK

Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, architectural, cultural, scenic or archaeological significance.

LANDMARK DISTRICT or DISTRICT

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.

MASTER PLAN

The Master Plan of the Township of Montclair, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

MINOR APPLICATION

Any application for a certificate of appropriateness which:

A. Does not involve demolition, relocation or removal of an historic landmark or a key or contributing resource in an historic district;

B. Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district;

C. Is a request for approval of fences, signs, awnings, lighting, paving or streetscape work which, in the opinion of the Minor Application Subcommittee, will not substantially affect the characteristics of the historic landmark or the historic district; or

D. Is a request for a field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection C above.

MUNICIPAL LAND USE LAW

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.

OBJECT

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.

ORDINANCE

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.

OWNER

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.

PERMIT

Any Township approval for exterior work to be performed on any landmark or on any building, structure, object or site located within a landmark district, which exterior work will be subject to public view. Said permit shall include but not be limited to a building permit, a demolition permit or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within a landmark district. "Permit" shall also include all exterior work to be performed on fences, signs, porches, railings, steps, lighting and sidewalks and any other work subject to public view which would alter the exterior appearance of landmarks or properties located within a landmark district or their sites.

REHABILITATION

Any repair or alteration that preserves significant historical or architectural features.

RESTORATION

The historically accurate repair or replacement of architectural features.

SITE

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 the foregoing which has been designated by the Commission as having historical, archaeological, cultural, scenic or architectural significance pursuant to the provisions of this article.

STRUCTURE

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.

SURVEY

The survey of buildings, structures, objects, sites and districts located within the Township of Montclair which is conducted by the Commission for the ascertainment of their historical, architectural, aesthetic, cultural or other significance pursuant to the provisions of this article.

VIEW or PUBLIC VIEW

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.

[1] Editor's Note: N.J.S.A. 40:55D-1 et seq.

§ 347-129 Historic Preservation Commission.

A. Creation. There is hereby created the Montclair Township Historic Preservation Commission, whose members shall serve without compensation. The Commission shall be comprised of seven regular members and two alternates.

B. Regular members. At least one member shall be appointed from each of the following classes, including no fewer than a total of three members from Classes A and B:

(1) Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Township.

(2) Class B: a person who has demonstrated a knowledge of or who has displayed an interest in local history and who may reside outside the Township.

(3) Class C: a person who is a citizen of the Township, who holds no other municipal office, position or employment, and who professes an interest in local history and/or historic preservation.

C. Alternate members. Two alternate members shall also serve on the Commission. They must qualify as Class C members and shall be designated as "Alternate No. 1" or "Alternate No. 2" at the time of appointment. Alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.

§ 347-130 Appointment of Commission members; terms; vacancies.

A. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."

[Amended 10-18-2016 by Ord. No. O-16-039]

B. The terms of the members first appointed shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years.

C. A vacancy occurring otherwise than by expiration of a term shall be filled within 60 days for the unexpired term only.

D. The presence of four members, which may include alternate members filling vacancies of regular members, at a meeting shall constitute a quorum.

E. A member of the Commission may, after a public hearing if he or she requests it, be removed for cause by a majority vote of the Township Council.

§ 347-131 Officers.

The officers of the Commission shall be as follows:

A. The Commission shall elect a Chairperson and Vice Chairperson from its members.

B. The Commission shall employ, designate or elect a person to serve as Secretary, who need not be a member of the Commission. The Secretary shall keep the minutes and records of all meetings and proceedings of the Commission, including voting records, attendance, resolutions, findings, determinations and decisions.

§ 347-132 Commission rules and organization.

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:

A. No Commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest, as herein defined.

B. The Commission shall establish a regular schedule of meetings at least once every month. Additional meetings may be called by the Chairperson or Vice Chairperson as required to fulfill its obligations under this article.

C. All Commission minutes and records shall be public records.

D. All rules and regulations adopted by the Commission shall be subject to the approval of the Township Council.

§ 347-133 Appropriations to fund; employment of experts and staff.

A. The Township Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the Township Council, unless the Council has, by appropriation, provided for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for the Commission's use.

B. The Township's Planning and Construction Officials shall provide such technical assistance as the Commission shall require.

§ 347-134 Powers and duties of Commission.

The powers and duties of the Commission shall be as follows:

A. To survey buildings, structures, objects, sites and districts located within the Township and to research and evaluate them for their significance in accordance with the criteria established as set forth in § 347-135 of this article.

B. To maintain and expand, when appropriate, a comprehensive inventory of such buildings, structures, objects, sites and districts which are worthy of designation under the provisions of this article.

C. To propose to the Township Council those buildings, structures, objects, sites and districts located within the Township which it has found to be worthy of landmark designation and hence should be subject to the provisions and 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.

D. To nominate buildings, structures, objects, sites and districts for inclusion in the National and/or the State of New Jersey Register of Historic Places.

E. To make recommendations to the Planning Board and the Township Council in the preparation and periodic updating of the historic preservation element of the Master Plan for the Township, including but not limited to the addition or deletion of historic sites and districts identified in the Township's Master Plan.

F. To make recommendations to the Planning Board and the Township Council on the historic preservation implications of any proposed or adopted zoning or development ordinance(s) or proposed or adopted element(s) of the Township's Master Plan.

G. To advise and assist Township officers, employees, boards and other bodies, including those at the county, state and federal levels, on all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Township or on the physical character and ambience of any portion of the Township or region.

H. To approve or disapprove applications for certificates of appropriateness pursuant to the provisions of this article.

I. To provide to the Planning Board written reports of all actions taken by the Commission pursuant to the provisions of this article and which are not governed by time requirements for notice or action herein specified.

J. To employ, contract for and fix the compensation of such other staff and services as the Commission shall deem necessary, subject to the provisions of § 347-133 of this article.

K. To draft and/or recommend to the Township 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 Township.

L. To advise the Township Council and the Planning Board on the relative merits of 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 plans therefor; to secure state, federal and/or other grants or assistance in support of such projects; and to monitor such projects once underway.

M. To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.

N. 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.

O. To make information available to residents of historic buildings or districts concerning guidelines for rehabilitation and design criteria for new construction established under this article.

P. 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 Township of Montclair in the preparation and submission of any documents needed for certification of the Township as a certified local government under said National Historic Preservation Act.

§ 347-135 Designation of buildings, structures, objects, sites and districts as historic.

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) Are associated with events that have made a significant contribution to the broad patterns of our history.

(2) Are associated with the lives of persons significant in our past.

(3) 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 and distinguishable entity whose components may lack individual distinction.

(4) Have yielded or may be likely to yield information important to prehistory or history.

(5) Are otherwise of particular historic significance to the Township of Montclair by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, region or community.

B. Procedures for designation. Proposals to designate a property as historic pursuant to this article may be made by the Township Council, the Commission, the Planning Board or by the verified 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 application of 10% of the owners of record or persons residing within the district or by verified application of any organization with a recognized interest in historic preservation, in accordance with the following procedures:

(1) Nomination proposals. The party proposing 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 district, a property map of the district showing boundaries, and a physical description and statement of significance for the district. For individual landmark designations, the report shall include one or more photographs, the tax lot and block number of the property as designated on the Official Tax Map of the Township and a physical description and statement of significance and proposed utilization of the site.

(2) Notice. The Commission shall schedule a public hearing on the proposed designation of a landmark or landmark district. At least 20 days prior to the hearing, the Commission shall, by personal service or certified mail:

(a) Notify the owner(s) of record of a property that has been proposed for designation or of property within a district that has been proposed for designation that the property is being considered for such designation and the reasons therefor.

(b) Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this article.

(c) Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property.

(d) Serve any notices further required under the provisions of the Municipal Land Use Law.

(3) Public notice of hearing. Public notice of the hearing shall be given at least 20 days prior to the hearing by publication in the official newspaper of the Township. A copy of the nomination report shall also be made available for public inspection in the Municipal Clerk's office at least 20 days prior to the hearing.

(4) 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 Subsection B(5) of this section must submit their protest, in writing, to the Commission in accordance with the provisions of that section of this article.

(5) Protests. A protest against landmark designation signed by the owners of record of 30% or more of the properties within a proposed landmark district or 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. Protests must be in writing, must contain the reason(s) for the protest and must bear the verified signatures of the owner(s) joining in such a protest.

(6) Commission report. Upon Commission review and public hearing, the Commission shall forward to the Township Council its report, which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.

(7) Referral to Planning Board. The Township Council shall refer the report to the Planning Board, which in turn shall report to the Township 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 Township Council of its obligations relating to the referral of such a report to the Planning Board. Township Council action on landmark or landmark district designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.

(8) Final designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for Planning Board comment on designations pursuant to Subsection B(7) of this section, the Township Council shall act upon the proposed designation list and map and may approve, reject or modify by ordinance the designation recommendations made by the Planning Board. In the event that the Township Council votes to reject or modify any Planning Board recommendations for a proposed designation, the Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership, except, in cases in which a protest has been filed in accordance with Subsection B(5) of this section, a proposed designation shall require a favorable vote of 2/3 of the members of the Council.

(9) Public notice of designation. Notice of designation shall be made public by publication in the official newspaper of the Township and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

(10) Incorporation of designated landmarks into Township records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the Township as required by the provisions of the Municipal Land Use Law.[1] Designated properties shall also be noted as such on the records for those properties maintained by the offices of the Township Tax Assessor and the Municipal Clerk.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(11) 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.

§ 347-136 Certificates of appropriateness: actions requiring review.

A. Actions requiring review.

[Amended 11-18-2019 by Ord. No. O-19-021]

(1) A certificate of appropriateness (hereinafter "C/A") issued by the Commission shall be required before a permit is issued for any of the following or, in the event that no other type of permit is required, before any work can commence on any of the activities listed below in this subsection involving any landmark or any building, structure, site or object located within a designated local landmark district.

(a) Improvement, including any improvement by addition, alteration or replacement.

(b) Change in exterior elevation.

(c) New construction of a principal or accessory structure.

(d) Any change in existing, or addition of new, signs or exterior lighting.

(e) Demolition of less than substantially all of a building or facade. Activity in this category shall be reviewed according to the criteria and standards in § 347-142.1E(3).

(f) Work associated with a development application approved by the Planning Board or Zoning Board of Adjustment is exempt from this requirement.

(2) Total demolition of any landmark or any building, structure, site or object located within a landmark district, including total demolition associated with a development application either pending before or approved by the Planning Board or Zoning Board of Adjustment, or of an historic structure as defined in § 347-142, is governed by § 347-142.1 et seq.

B. Actions not requiring review. A certificate of appropriateness is not required for:

(1) Changes to interiors.

(2) Changes not visible to the public other than relocation or demolition.

(3) Repair or exact replacement of any existing improvement, provided that the work does not alter the exterior appearance. The following activities are permitted as repairs:

(a) Identical replacement of existing windows and doors.

(b) Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, scale or appearance.

(c) Maintenance and repair of existing roofing materials involving no change in the design, scale or appearance of the structure.

(d) Structural repairs which do not alter the exterior appearance.

(e) Replacement of existing clapboards, shingles or other siding with identical material.

(f) Maintenance and repair of existing clapboards, shingles or other siding (including masonry) involving no change in the design, scale or appearance.

(g) Exterior or interior painting.

C. Emergency repairs. When a landmark or a building, structure, object or site located within a landmark district 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 Township codes without first obtaining a certificate of appropriateness. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of its occupants or others and/or to maintain habitability. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the standards for rehabilitation set forth in § 347-137 herein.

D. Informal review of concept plan for proposed undertakings. At the request of 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 nor the Commission shall be bound by any informal review.

§ 347-136.1 Minor applications.

Minor applications, as defined in this article, may be reviewed and approved by the Minor Application Subcommittee without holding a public hearing. The Minor Application Subcommittee shall be comprised of a designated member of the Historic Preservation Commission, the Director of Planning and Community Development, and the Zoning Officer. If the Minor Application Subcommittee finds the application appropriate, the Subcommittee may act in place of the full Commission without the necessity of a public hearing and is authorized to issue a certificate of appropriateness to the Construction Official for said minor work. The Construction Official shall then authorize the applicant to proceed and issue any required permit associated therewith. If the Minor Application Subcommittee does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission.

§ 347-137 Standards for review.

A. General criteria for review. In reviewing an application for its effect on a landmark or a building, structure, object or site located within a landmark district, the following criteria shall be used by the Commission, the Planning Board, the Zoning Board of Adjustment, the Township Council and all other officials and agencies of the Township 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 the public interest.

(3) The use of any landmark or landmark district involved in the proposed change.

(4) The extent to which the proposed action would adversely affect the public's view from the street of a landmark or building, structure, object or site located within a landmark district.

(5) The impact the proposed change would have on the architectural or historic significance of the landmark or landmark district and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth in Subsection C of this section.

B. Rehabilitation of existing buildings, structures, objects and sites. In reviewing any application for a certificate of appropriateness, the Commission shall make its determination as to whether any application should be approved, approved with conditions or denied on the basis of the purposes of this section, the provisions of this article and the following standards for review, which are identical to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings:

(1) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, 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 that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features substantiated by 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 archaeological resources affected by or adjacent to any project.

(9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy 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. In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with the standards of rehabilitation and review criteria set forth above. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alterations to landmarks or new construction, additions or alterations to buildings, structures, objects or sites located within landmark districts.

(1) Height. The height of the proposed structure shall be visually compatible with adjacent buildings.

(2) Proportion of the facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with adjacent buildings and places.

(3) Proportion of the openings. The relationship of the width of windows to the height of windows in a building shall be visually compatible with adjacent buildings and places.

(4) Rhythm of solids. The relationship of solids to voids in the facade of a building shall be visually compatible with adjacent buildings and places.

(5) Rhythm of spacing. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with adjacent buildings and places.

(6) Rhythm of entrances. The relationship of entrances and porches to the street shall be visually compatible to adjacent buildings and places.

(7) Relationship of materials. The relationship of materials, texture and tone of the facade and roof of a building shall be visually compatible with the predominate materials used in adjacent buildings.

(8) Roof. The roof shape of a building shall be visually compatible with adjacent buildings.

(9) Continuity of walls. Walls and open fencing shall maintain visual compatibility with adjacent buildings and places.

(10) Scale. The size of a building mass in relation to open spaces, window and door openings, porches and balconies shall be visually compatible with adjacent buildings and places.

(11) Directional expression. A building shall be visually compatible with adjacent buildings and places in its directional character, whether this be vertical, horizontal or nondirectional.

(12) Windows. The type of glazing and muntin used in windows and doors shall be visually compatible with adjacent buildings.[1]

[1] Editor’s Note: Former Subsection D, Review criteria for demolition, and Subsection E, Criteria regarding relocation of historic buildings or structures, which immediately followed, were repealed 11-18-2019 by Ord. No. O-19-021.

§ 347-138 Certificates of appropriateness; application procedures; fees.

A. 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.[1] 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.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

B. Applications shall be made on forms available in the office of the administrative officer in the Montclair Municipal Building. Completed applications shall be delivered or mailed to the administrative officer at the Montclair Municipal Building. All such applications shall include payment of a filing fee in the amount of $100.

C. Upon receipt of a complete application for a certificate of appropriateness, 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. For minor applications, five copies of the complete application must be submitted to the administrative officer. For all other applications, 15 copies of the complete application must be submitted to the administrative officer.

D. A complete application for a certificate of appropriateness shall include the following items:

(1) All applications must include properly completed application forms which contain the following information:

(a) Property information, including the zone of the property and block/lot.

(b) Applicant and owner information.

(c) Application fee and escrow fee (if required), paid to the Township of Montclair.

(d) Applicant's verification signature and owner's authorization signature.

(e) Photographs showing the existing condition of the entire building facade.

(f) Close-up photographs showing details of the area of work.

(2) Signage and awning applications must also include the following:

(a) Photomontage with the sign or awning drawn or photo-manipulated/photoshopped in the exact location proposed (see Figure 1).

Figure 1: Example of Photomontage for Signage Applications

(b) Proposed sign material noted (i.e., wood, acrylic, PVC) or awning fabric sample and measured drawings showing the height and width dimensions of the proposed sign or awning (see Figure 2).

(c) Section drawing showing the side view and projection of the proposed sign or awning from the building facade and the method of installation of the sign or awning onto the storefront or sign band (see Figure 2). Note the storefront material. (For brick buildings, signs should be attached in the mortar.)

Figure 2: Sample of Section Drawing Showing Proposed Signage and Method of Installation

(d) Dimensions and size calculations of proposed signage for zoning compliance.

(3) Lighting applications must also include the following:

(a) Detail photographs of the area of attachment.

(b) Manufacturer's information/cut sheets of the type of fixture to be used.

(c) Photomontage of proposed lighting, showing where it attaches to the building.

(d) Details showing dimensions of proposed light fixtures, including the distance the lights will project from the facade, height above the street or sidewalk, any supports or framing, the location of electrical conduits, and how the light fixtures will be mounted to the exterior wall (see Figure 3).

Figure 3: Sample of Lighting Details

(4) Window applications must also include the following:

(a) Photographs of each existing window to be altered.

(b) Note if the replacement proposed is of the entire window frame or sash only.

(c) Photo or drawing showing as-built/existing windows to be replaced, including a cross-section of existing windows as-built, showing head, jamb and sill.

(d) Details showing proposed windows, including a cross-section of proposed windows showing head, jamb and sill (manufacturer's cut sheets are fine if they show dimensions) (see Figure 4).

Figure 4: Sample of Window Details

(e) Documentation about the original windows, photographs or typical windows for the historic period (if available and only necessary if the existing are not historic windows).

(f) Conditions statement describing the type and extent of deterioration justifying the window removal.

(5) Applications for new storefronts, facade alternations/restorations or new construction/additions must also include the following:

(a) Existing site plan or detailed survey drawing.

(b) Proposed site plan with color graphics to differentiate new from existing.

(c) Photographs of the existing structure, with "detail" photos of the specific facades and architectural features (doors, windows, railings, siding, roofing, paving, etc.) that are to be altered or repaired. If the proposed project is within any historic district, applicants must include photographs of adjacent structures and the existing streetscape taken from across the street.

(d) Existing exterior elevation drawings.

(e) A complete set of working drawings for the proposed project and, in the case of an addition, elevation drawings that show the proposed addition together with the existing structure; scaled construction drawings showing proposed alterations of the relevant facade(s) and architectural features. If the proposed project is located within an historic district, applicants must include a streetscape elevation and color rendering showing the new development in the context of neighboring buildings, structures, and sites. Three-dimensional models are optional.

(f) Photomontage, renderings, and color elevation drawings of the proposed facade(s).

(g) Descriptions of the materials, size, and spacing of architectural features that are to be altered or repaired, their present condition, and the reasons for their proposed alteration or repair.

(h) Detailed specifications, cut sheets, manufacturer's product information, and mock-up boards for all proposed exterior materials and color palettes, including dimensions, compositions, application methods, and recommended uses. Samples of the proposed materials may be required.

(i) Specifications, cut sheets, and manufacturer's product information for all exterior lighting proposed.

(j) Specifications for any proposed masonry patching, brick repointing, mortar analysis, brick replacement, and facade cleaning.

(k) Specifications, cut sheets, and manufacturer's product information for any proposed exterior coatings, waterproofing measures, or chemical solutions to be applied.

(l) Scaffolding drawings (if applicable).

(6) Relocation of existing structures:

(a) Photographs of the existing structure and adjacent buildings and the proposed relocation site and its adjacent buildings.

(b) Statement of the need/purposes for the proposed relocation and any alternatives to relocation that were considered by the applicant.

(c) Estimated damage to the structure or loss of any of its architectural elements that may result from the proposed relocation. (If any alterations are proposed to the structure after relocation, the applicant must meet the requirements of the sections above.)

(d) Description of the relocation process and time frame, including moving the building intact, numbering and disassembling, and storage security before reassembly.

(e) Site plan for the existing structure, as well as the site plan for the structure on the proposed relocation site.[2]

[2] Editor’s Note: Former Subsection D(7), Demolition of structures, which immediately followed, was repealed 11-18-2019 by Ord. No. O-19-021.

§ 347-139 Commission review of applications for certificates of appropriateness.

A. The Commission shall review applications for certificates of appropriateness at a public hearing. The applicant(s) shall 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 certificate of appropriateness, regardless of the ultimate findings and report of the Commission.

B. As soon as possible, 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 granting or denying the application, which report may be stated in resolution form. The Commission shall file said report with the administrative officer, together with the certificate of appropriateness if granted, within 10 days of the Commission's decision on the application and, on the same date, shall forward a copy of the report and the certificate of appropriateness to the applicant by personal service or by certified mail, return receipt requested.

C. If, within the above forty-five-day period, the Commission has denied the issuance of a certificate of appropriateness required for the issuance of a permit or recommended that conditions be met prior to the issuance of a permit, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.

D. Failure of the Commission to report within the forty-five-day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.

E. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.

F. After a certificate of appropriateness has been issued by the Commission, the administrative officer shall, from time to time, inspect the work approved by the Commission and report to the Commission any work not in accordance with such resolution of approval and the corresponding certificate of appropriateness.

G. A certificate of appropriateness shall be valid for a period of one year form the date of its issuance unless reasonable extensions are granted by the Commission.

§ 347-140 Grant or denial of certificates of appropriateness.

A. Purposes. The purpose of this section is the furtherance of the purposes of this article by affording the Township, interested persons and historical societies or organizations the opportunity to acquire or to arrange for the preservation of landmarks or buildings, structures, objects or sites located within historic districts.

B. Approval. 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 or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning landmarks or any buildings, structures, objects or sites located in a landmark district.

C. Denial. Denial of a certificate of appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for.

[Amended 11-18-2019 by Ord. No. O-19-021]

§ 347-141 Effect of grants or denials of permits; appeals.

A. Effect. Issuance of an approval of a permit shall be deemed to be a final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Township ordinance to be made prior to undertaking the action requested concerning the landmark or any building, structure, object or site located within a landmark district. The denial of a permit shall be deemed to preclude the applicant from undertaking the activity applied for.

B. Statutory rights retained. The granting or denial of a permit may be appealed to the Board of Adjustment in the same manner as an appeal is taken pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the Township action after an appeal is concluded by the Board of Adjustment. The appellant shall pay all costs for copies of any transcript(s) required for appeal.

§ 347-142 Development in historic zoning districts or sites; informational copies of applications from Planning Board or Board of Adjustment.

[Amended 7-9-2019 by Ord. No. O-19-020]

The Planning Board and the 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 the Historic Preservation Element of the Master Plan except applications that involve only the following:

A. Changes to interiors.

B. Changes not visible to the public other than relocation or demolition.

§ 347-142.1 Demolition of historic structures.

[Added 11-18-2019 by Ord. No. O-19-021]

A. Purpose. In addition to the purposes enumerated in § 347-127:

(1) It is the intent of this article to preserve the integrity and authenticity of historic structures and the character, ambience and stability which these structures bestow on the neighborhoods and the community. The Township's historic structures are woven into the fabric and identity of the community. The demolition of an historic structure is a tear in that fabric that qualitatively changes the ambience and environment.

(2) It is the Township Council's intent that this article provide notice to current owners and those who in the future will own historic structures that the Township regulates and protects its historic buildings, including prohibiting demolition in cases where the application of the criteria and standards set forth in this article support that conclusion.

(3) The Township Council recognizes that the Township's property owners and public officials are stewards of the lands and historic structures, committed to encouraging and managing appropriate growth while preserving and protecting the historic and natural environment.

(4) The jurisdiction and procedures of the Planning Board and Board of Adjustment are intended to regulate what can be built on a particular property, and not whether an historic structure should or should not be demolished. As authorized by the Municipal Land Use Law, N.J.S.A. 40:55D-111, the Historic Preservation Commission has approval power concerning historic preservation over those aspects of a development application not determined by either land use board.

(5) The Historic Preservation Commission is constituted by statute with the expertise and judgment to determine the impact of the demolition of an historic structure. It is the intention of this section to confer the maximum authority consistent with the Municipal Land Use Law, particularly N.J.S.A. 40:55D-111, to review and approve or disapprove applications to demolish an historic structure.

(6) The Township Council recognizes that many applications subject to review because of the property location or the broad definition of "demolition" will have little or no impact on the historic context or character of the Township. In order to minimize the delays and costs to both the applicant and the Township associated with such review, this article also provides for an expedited procedure for low-impact cases.

(7) It is not the intent of this article to discourage contemporary architectural expression or to encourage new construction that emulates existing buildings of historical or architectural interest or of a certain period or architectural style, but to preserve historic structures and the integrity of historic districts for the purposes enumerated in this article.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE OFFICER

For purposes of this Article XXIII, the Zoning Officer.

HISTORIC STRUCTURE

Includes any property 1) in a federally, state- or locally designated historic zoning district; or 2) on a federally, state- or locally designated historic site identified on the Zoning or Official Map; or 3) identified as historic or potentially historic in the Historic Preservation Element of the Master Plan with a documented historic survey filed with the New Jersey State Historic Preservation Office. The Department of Planning and Community Development shall maintain a list of properties deemed to be historic structures, and a notation to that effect added to the property record in the Tax Assessor's office.

PERMIT

Shall have the meaning given in § 347-128.

TOTAL DEMOLITION and TOTALLY DEMOLISHED

For purposes of this section the razing, dismantling or destruction of substantially all of any building or of any publicly visible facade wall, including removal of a building from its site, which may or may not include the foundation. "Total demolition" is to be distinguished from "demolition" as defined at § 347-128, which is a broader category that includes total demolition. "Substantially all" of a building means at least 50% of the exterior walls.

TOTAL DEMOLITION PERMIT

A separate permit distinct from a construction or building permit issued by the Construction Official, specific to enforcement of the Montclair Code zoning provisions concerning historic preservation.

C. Notice to property owners. No later than 90 days after the effective date of this section, the Township shall notify the owner of each property that as of said date is or contains an historic structure as defined in § 347-142.1B that said property is subject to the requirements of this section. Notice may be provided by regular mail to the last known address of the owner of record as found on the Tax Assessor's records. Failure to receive notice shall not relieve the property from compliance with the provisions hereof.

D. Permits to totally demolish historic structures.

(1) No historic structure shall be totally demolished unless a total demolition permit has been issued as provided in this article. This article is applicable regardless of whether a demolition permit issued by the Construction Official is required.

(2) This article applies to all historic structures, including those that would be totally demolished in connection with a development application to the Zoning Board or Planning Board.

(3) No permit shall be issued by the Construction Official to totally demolish an historic structure unless the proposed total demolition is approved by the administrative officer. Applications to the Building Department to totally demolish an historic structure shall be referred by the administrative officer to the Historic Preservation Commission for review and approval prior to the issuance of a total demolition permit.

(4) A permit to totally demolish an historic structure where a development application has been filed with the Planning Board or Zoning Board of Adjustment shall not be issued during the pendency of the development application or thereafter unless approved pursuant to the requirements of this article. In the event that the development application is denied, withdrawn or terminated for any reason, the total demolition permit shall not issue until the requirements of this article have been followed and completed.

(5) An order issued by the Fire Official or the Construction Official to demolish an unsafe structure is exempt from the requirements of this article.

E. Procedure and criteria for total demolition approval.

(1) Supplementary application. An application, or supplementary application, as the case may be, for approval to totally demolish an historic structure shall be completed and submitted on a form authorized by the Department of Planning and Community Development in cases where:

(a) An application for a total demolition permit for an historic structure has been submitted to the Construction Official.

(b) The administrative officer finds that any other permit application to the Construction Official involves total demolition of an historic structure as defined herein.

(c) An application for development is filed with the Planning Board or the Board of Adjustment that if approved would require the total demolition of an historic structure.

(2) Required contents of application for total demolition. The application for total demolition shall include:

(a) Complete photographic record of all exterior elevations, interior spaces, and details of all existing structures and any adjacent properties pertinent to the history of the structure or surrounding neighborhood.

(b) Statement of the need/purposes for the proposed total demolition.

(c) In any instance where there is a claim of no other alternative to total demolition, the applicant shall provide written documentation of good-faith attempts to sell the building at a reasonable and comparable amount or to offer it without charge to purchasers willing to move the building to another location and preserve, rehabilitate, relocate, or restore the building. A reasonable and comparable sales price shall be indicated by providing evidence such as recent appraisals, comparable values of properties similar to the building proposed to be totally demolished or other evidence the Historic Preservation Commission deems acceptable.

(d) Written and pictorial record of the building's history and architectural features for archival purposes, including, without limitation, the dates of original construction of the building or structure to be totally demolished; original documents, maps, drawings, and photographs; the square footage or dimensions of the building or structure to be totally demolished; a brief description of the materials, configuration and use of the existing building or structure; significant events and occupants associated with the history of the building or property; architectural features; and a description of the building through photographs, plans, and maps.

(e) Archaeological study of the property before and/or during total demolition if the property falls within the area demonstrated to have a medium or high probability to contain archaeological resources.

(f) Preservation or salvage of architectural elements and photographic documentation. The Department of Planning and Community Development will provide applicants with local service directories of centers.

(3) Review criteria for total demolition. With regard to applications to totally demolish an historic structure, the following matters shall be considered:

(a) Its historical, architectural, cultural and aesthetic significance.

(b) Its use, its intended use and/or the use for which the building, structure, object or site was originally designed and the feasibility of the continuation of its designed use.

(c) Its importance to the Township and the extent to which its historical or architectural value is such that its removal will be detrimental to the landmark district and/or to the public interest.

(d) 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.

(e) 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 Township a more attractive and desirable place in which to live.

(f) The probable impact of its removal upon the ambience of the landmark district.

(g) The structural soundness and integrity of the building, structure, object or site and the economic feasibility of its restoration or rehabilitation so as to allow for its reasonable use.

(h) The threat to the public health and safety as a result of deterioration or disrepair of the building, structure, object or site.

(i) The technological feasibility of structural rehabilitation.

(j) The interference with the charitable purposes of any nonprofit or charitable organization if total demolition is not permitted.

(4) Criteria regarding removal and 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 historic structure:

(a) The impact of the loss of integrity suffered as a result of removal from the original and/or historic location; and, if located within an historic district, the impact of that loss of integrity upon the district as a whole.

(b) The relative value to the applicant of the proposed relocation contrasted to the value to the community as a whole in allowing it to remain at its original and/or historic site.

(c) 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.

(d) In the event that a proposed new location is in an historic district, the impact on the visual compatibility of adjacent buildings, structures, objects or sites as set forth in § 347-137C(1) through (12), inclusive.

(e) The likelihood of significant damage to the physical integrity of the building, structure or object itself.

F. Review.

(1) The Historic Preservation Commission shall review the application for total demolition according to the standards set forth in § 347-137A and § 347-142.1D(2) and (3), and the standards set forth in 36 CFR 60.4, entitled "Criteria for Evaluation" as promulgated by the U.S. Secretary of the Interior, which is adopted and incorporated by reference herein.

(2) The Historic Preservation Commission may delegate the review of the total demolition application to the Historic Preservation Officer, provided that the Commission by resolution shall adopt or otherwise act upon the Officer's report at a public hearing.

(3) The Historic Preservation Commission shall report and certify its conclusion to the administrative officer as to whether the subject building or structure possesses cultural, historical or architectural significance which merits its preservation. The Historic Preservation Commission shall present its certification in a written report within 45 days of receipt of a complete application for total demolition. The report shall include, but shall not be limited to:

(a) A description of the age (noting if the building and/or structure was constructed more than 50 years ago), architectural style, historical associations and significance of the building or structure.

(b) Certification that the building or structure is an historic structure as defined in this chapter.

(c) Certification as to whether the building or structure is associated with events that have made a significant contribution to the broad patterns of our local, state, and/or national history.

(d) Certification as to whether the building or structure was associated with the life of a person who made a significant contribution to local, state and/or national history.

(e) Certification as whether the building or structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic value, or represents a significant and distinguishable entity whose components may lack individual distinction, most especially if no other, or very few, buildings or structures with the same association have survived.

(f) Certification as to whether the building or structure has yielded, or may be reasonably likely to yield, information important in prehistory or history.

(g) Certification as to whether the building or structure maintains integrity of:

[1] Location: the place where the historic property was constructed or the place where the historic event occurred; and/or

[2] Design: the combination of elements that create the form, plan, space, structure, and style of a property; and/or

[3] Setting: the physical environment of an historic property; and/or

[4] Materials: the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form an historic property; and/or

[5] Workmanship: the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory; and/or

[6] Feeling: the property's expression of the historic sense of a particular period of time; and/or

[7] Association: the property's direct link between an important historic event or person and an historic property.

G. Low-impact applications - expedited process.

(1) If an application meets the criteria for review under this article but, in the opinion of the Historic Preservation Officer, can be granted without a significant adverse impact on the objectives of historic preservation, the Historic Preservation Officer may approve the application with the concurrence of both the Chairperson and the Co- or Vice Chairperson, or of two other designated members of the Historic Preservation Commission. If one or more of these persons do not agree, review of the application will proceed as prescribed by this article.

(2) If the application is approved by means of this expedited process, the Historic Preservation Officer shall report such approval to the administrative officer.

(3) The applicant may seek a determination as to whether the application is low-impact by submitting one or more current photographs and basic information about the property on a form provided by the Historic Preservation Officer. If the application is found to be low-impact, no further submission will be required.

H. Findings and decision.

(1) If, after the consideration of the standards and criteria set forth above, the Historic Preservation Commission concludes that the building or structure possesses no cultural, historical or architectural significance which would merit its preservation, or if the Historic Preservation Commission fails to file its findings with the administrative officer within 45 days of referral, the administrative officer shall approve and the Construction Official may issue a total demolition permit.

(2) If, after the consideration of the standards and criteria set forth above, the Historic Preservation Commission concludes that the subject building and/or structure possesses sufficient cultural, historical or architectural significance which merits its preservation, and the Historic Preservation Commission files its report within the required forty-five-day period, containing its findings and recommendation against the issuance of the total demolition permit or recommendation that the total demolition permit be issued with conditions, then the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.

(3) In cases where the approval of a development application by the Zoning Board or Planning Board would result in the total demolition of an historic structure, issuance of a total demolition permit pursuant to this article shall be included as a condition in the Board's resolution of approval.

(4) The applicant for a total demolition permit may appeal the administrative officer's decision to the Zoning Board pursuant to N.J.S.A. 40:55D-70 and 40:55D-70.2. The Historic Preservation Commission, by one or more authorized representatives, shall appear at the appeal hearing and provide testimony as to the basis for the disapproval. Any person aggrieved by the decision of the Zoning Board may appeal to a court of competent jurisdiction as permitted by applicable law.

(5) In cases of an appeal of the administrative officer's denial of a total demolition permit or imposition of conditions thereon, the Zoning Board may, in its discretion, hear the appeal together with the development application.

§ 347-143 Violations and penalties; enforcement.

A. Violations defined. Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this article shall be deemed to be in violation 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 Township 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 officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or site; or to prevent any illegal act, conduct, business or use in or about such premises as follows:

(1) If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B hereof.

(2) In the event of the threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

D. Penalties. In addition to the remedies provided above and notwithstanding § 347-6 of this chapter, a person convicted of a violation of this Article XVIII before a court of competent jurisdiction shall be subject to penalties as follows:

(1) For each day up to 10 days: not more than $100 per day.

(2) For each day between 11 and 25 days: not more than $250 per day.

(3) For each day beyond 25 days: not more than $500 per day.

(4) For each day beyond 25 days: a jail term not to exceed 90 days may be imposed.

§ 347-144 Preventive maintenance; notice of violations.

A. Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic buildings, structures, objects and sites, the Township 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 25% 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 cost 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 Township of Montclair's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations and cause the cost thereof to 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 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 the matters alleged in the notice by a 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 § 347-143B 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 Township 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 Township Council.

G. Lien. The Township 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.

§ 347-145 Municipal responsibility.

It shall be the duty of all municipal officials of the Township of Montclair reviewing all permit applications involving real property or improvements thereon to determine whether such application involves 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.

§ 347-146 Rules of interpretation.

This article shall be liberally construed in order to affect the purposes set forth herein. In the event that this article conflicts with state law, state law shall take precedence.