[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]
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."
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.
As used in this article, the following terms shall have the
meanings indicated:
An extension or increase in building size, floor area or
height.
The Construction Official.
Any change in the exterior architectural features 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 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).
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
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.
The Historic Preservation Commission established pursuant
to the provisions of this article.
The officer in charge of the granting of building or construction
permits in the Township.
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 provisions of this
article.
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]
See "landmark district," as defined herein.
Having historical, architectural, cultural, aesthetic or
other significance, as defined by the provisions of this article.
Shall have the same meaning as "landmark district" or "district"
as defined herein.
[Added 11-18-2019 by Ord.
No. O-19-021]
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]
Any real property, man-made building or structure, natural
object or configuration of any portion or group of the foregoing,
or which is the location of a significant event or series of events,
a prehistoric or historic occupation or activity, whether public or
private, which has been designated by the Commission, the Planning
Board in the Master Plan or in a periodic general reexamination report,
or the governing body pursuant to N.J.S.A. 40:55D-65 or 40:55D-65.1,
as having historical, archeological, cultural, scenic or architectural
significance.
[Added 9-26-2023 by Ord. No. O-23-06]
A building or other structure or any work constituting a
man-made alteration of or addition to any site.
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.
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 specified
criteria of significance.
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.
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.
The Master Plan of the Township of Montclair, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
Any application for a certificate of appropriateness which:
Does not involve demolition, relocation or removal of an historic
landmark or a key or contributing resource in an historic district;
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district;
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
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.
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.
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.
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 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.
Any repair or alteration that preserves significant historical
or architectural features.
The historically accurate repair or replacement of architectural
features.[2]
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
[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:
[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.
ADMINISTRATIVE OFFICER
HISTORIC BUILDING, SITE OR STRUCTURE
PARTIAL DEMOLITION and PARTIALLY DEMOLISHED
PERMIT
TOTAL DEMOLITION and TOTALLY DEMOLISHED
TOTAL DEMOLITION PERMIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
For purposes of this Article XXIII, the Zoning Officer.
Includes any property historic building, site or structure
1) located in a federally, state- or locally designated historic zoning
district; or 2) located 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 have historic buildings, sites or structures, and a notation
to that effect added to the property record in the Tax Assessor’s
office.
[Amended 9-26-2023 by Ord. No. O-23-06]
Any razing, dismantling, destruction, removal, or demolition
of less than 50% of the total building, site or structure as calculated
by the surface area of any visible facade, exterior wall and/or architectural
element, including removal of a building, site or structure, which
may or may not include the foundation.
[Added 9-26-2023 by Ord. No. O-23-06]
Shall have the meaning given in § 347-128.
This section shall be applicable to the razing, dismantling, destruction, removal, or demolition (collectively referred to as “demolition”) of all or substantially all of any historic building, site or structure, including any publicly visible facade, including removal of a building, site or structure from its site, which may or may not include the foundation. "Total demolition," which is subject to this section, 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, site or structure means at least 50% of the exterior walls or publicly visible facade wall, as measured by the exterior surface area of the building, site or structure. Any demolition (partial or total) proposed within five years of a previous demolition permit issuance for the same property will be considered cumulatively with respect to the percentage of exterior walls or facade demolished or removed when determining whether total demolition is sought.
[Amended 9-26-2023 by Ord. No. O-23-06]
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, and no later than 90 days after this section becomes newly applicable to a property by way of a documented historic survey being filed with the New Jersey State Historic Preservation Office, adoption of an ordinance by the Township Council designating a new individual landmark property or district, or otherwise, the Township shall notify the owner of each property that as of said date is or contains an historic building, site or 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.
[Amended 9-26-2023 by Ord. No. O-23-06]
D.
Permits for total demolition or removal of historic buildings, sites
or structures.
[Amended 9-26-2023 by Ord. No. O-23-06]
(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.
[Amended 9-26-2023 by Ord. No. O-23-06]
(1)
Supplementary application. An application, or supplementary
application, as the case may be, for approval to totally demolish
or remove an historic building, site or 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
building, site or 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
building, site or 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 or removal of an historic building, site or structure.
(2)
Required contents of application for total demolition or removal.
The application for total demolition or removal shall include:
(a)
Complete photographic record of all exterior elevations, interior
spaces, and details of all existing buildings, sites or structures
and any adjacent properties pertinent to the history of the building,
site, structure or surrounding neighborhood.
(b)
Statement of the need/purposes for the proposed total demolition
or removal.
(c)
Written documentation by a qualified historic preservation architect
or other design professional as defined by the Secretary of the Interior
of: 1) the estimated cost and timing of restoration or rehabilitation
of the building, site or structure so as to allow for its reasonable
use; 2) evidence of good-faith offers of the historic building, site
or structure for sale at a price that does not exceed its reasonable
and comparable value to purchasers willing to remove and relocate
the historic building, site or structure, at the purchaser's expense,
to another location within the Township and/or to preserve, rehabilitate
or restore the building, site or structure, and 3) the time frame
for such alternatives to take place. A reasonable and comparable price
shall be demonstrated by the applicant by providing evidence such
as recent appraisals, comparable sales of buildings similar in location,
character, and condition to the building, site or structure proposed
to be totally demolished or removed or such other evidence as the
Historic Preservation Commission determines to be a reasonable indication
of its value. At the request of the applicant, the HPC shall grant
a waiver of this requirement upon a finding of good cause, including,
but not limited to, instances the property's historic use as a non-profit
institution or charitable organization is proposed to continue on-site,
or continuous ownership since the period of significance.
(d)
Written and pictorial record of the building's, site's or structure's
history and architectural features for archival purposes, including,
without limitation, all exterior facades as a whole, a street view
with surrounding properties, pictures of all features identified in
all historical/architectural surveys of the property on file with
the Township, the dates of original construction of the building,
site or structure to be totally demolished or removed; original documents,
maps, drawings, and photographs; the square footage or dimensions
of the building or structure to be totally demolished or removed;
a brief description of the materials, configuration and use of the
existing building, site or structure; significant events and occupants
associated with the history of the building or property who are historically
significant; architectural features; and a description of the building,
site or structure through photographs, plans, and maps.
(e)
Archaeological study of the land that is the subject of the
building, site or structure 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 that are proposed
for removal and photographic documentation. The Department of Planning
and Community Development will provide applicants with local service
directories of centers.
(g)
Cost estimate of the proposed total demolition or removal, categorized
by site preparation, abatement, physical demolition work, disposal
of materials and any other relevant costs.
(h)
Conceptual, design or other plans for any building or structure
proposed or planned by the applicant to replace the historic building,
site, or structure sought to be totally demolished or removed, including
a design of the replacement building or structure, and a statement
of how the replacement structure will affect the character of the
neighborhood. At the request of the applicant, the HPC shall grant
a waiver of this requirement upon a finding of good cause.
(3)
Review criteria for total demolition. With regard to applications
to totally demolish or remove an historic building, site or structure,
such application to demolish shall be granted if the applicant demonstrates
that: 1) the preservation of the historic building, site or structure
is not warranted; or 2) the preservation of the historic building,
site or structure would impose an undue burden or hardship on the
applicant.
(a)
The first element may be demonstrated by evidence that the building's,
site's or structure's historic characteristics do not warrant its
preservation, based on the following factors:
[1]
Its historical, architectural, cultural and aesthetic
significance.
[2]
Its use, its intended use and/or the use for which
the building, structure or site was originally designed and the feasibility
of the continuation of its designed use.
[3]
Its importance to the Township and the extent to
which its historical or architectural value is such that its removal
will or will not be detrimental to the landmark district and/or to
the public interest.
[4]
The extent to which it is of such age, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty
and cost.
[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 Township
a more attractive and desirable place in which to live.
[6]
The probable impact of its removal upon the character
and ambience of the landmark district.
[7]
The extent to which the replacement building, site
or structure proposed would preserve or not adversely affect the character
of the neighborhood.
(b)
The second element may be demonstrated by evidence, in consideration
of the following factors, that preservation of the building or structure
or denial of the permit would impose an undue burden or hardship upon
applicant:
[1]
The condition, structural soundness, and integrity
of the historic building, structure or site and the economic feasibility
of its restoration or rehabilitation so as to allow for its reasonable
use.
[2]
The threat to the public health and safety as a
result of deterioration or disrepair of the historic building, structure
or site.
[3]
The technological feasibility of structural rehabilitation.
[4]
The interference with the charitable purposes of
any nonprofit or charitable organization if total demolition is not
permitted.
[5]
Such other information and evidence regarding the
burdens upon applicant of preservation as the Historic Preservation
Commission may reasonably request in writing.
(4)
Criteria regarding removal and relocation of historic buildings, sites or structures. An application to move the building, site or structure to a new location shall be granted if the applicant demonstrates that: 1) the preservation of the historic building, site or structure is not warranted under the criteria of Subsection E(4)(a)[1] through [6] above; and, 2) moving the historic building, site or structure is technically feasible and would not pose a substantial negative impact to the site, the present historic district, or the proposed district of relocation.
(a)
The first part is satisfied if, upon consideration of the following
factors, the building's, site's or structure's historic characteristics
do not warrant its preservation:
[1]
Its historical, architectural, cultural and aesthetic
significance.
[2]
Its use, its intended use and/or the use for which
the building, structure or site was originally designed and the feasibility
of the continuation of its designed use.
[3]
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.
[4]
The extent to which it is of such age, 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 Township
a more attractive and desirable place in which to live.
[6]
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 second part is satisfied if, upon consideration of the following
factors, moving the building, site or structure is not technically
feasible and or would not pose a substantial negative impact to the
site, the present district, or the proposed district of relocation:
[1]
The condition, structural soundness, and integrity
of the building, site or structure and the economic feasibility of
its restoration or rehabilitation so as to allow for its reasonable
use at another site in the Township.
[2]
The interference with the charitable purposes of
any nonprofit or charitable organization if relocation is not permitted.
[3]
The compatibility, nature and character of the
areas adjacent to both the present location and the proposed location
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 an historic district, the impact on the visual compatibility of adjacent buildings, structures or sites as set forth in § 347-137C(1) through (12), inclusive.
[5]
The likelihood of significant damage to the physical
integrity of the building, site or structure 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:
[Amended 9-26-2023 by Ord. No. O-23-06]
(a)
A description of the age (noting if the building, site or structure
was constructed more than 50 years ago), architectural style, historical
associations and significance of the building, site or structure.
(b)
Certification that the building, site or structure is historic
as defined in this chapter.
(c)
Certification as to whether the building, site 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, site 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, site 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 with the same association have survived.
(f)
Certification as to whether the building, site or structure
has yielded, or may be reasonably likely to yield, information important
in prehistory or history.
(g)
Certification as to whether the building, site 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]
Experience: 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.
(4)
The applicant is required to arrange site access to for the Township
and the Township’s contracted professional consultants, and
reviewing commission members as needed in order to complete a complete
review as outlined in this section.
[Added 9-26-2023 by Ord. No. O-23-06]
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 following
a review of the historic survey for the property, can be granted without
a significant adverse impact on the objectives of historic preservation
or on any building, site or structure expressly mentioned or discussed
in the historic survey, the Historic Preservation Officer may approve
the application.
[Amended 9-26-2023 by Ord. No. O-23-06]
(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.
I.
Notice
of hearing
[Added 9-26-2023 by Ord. No. O-23-06]
(1)
The applicant for total demolition or for removal and relocation
of an historic building, site or structure shall give notice of the
date, time and location of the public hearing during which the application
is to be heard as follows:
(a)
Public notice shall be given by publication in the official
newspaper of the municipality at least 10 days' prior to the date
of the hearing.
(b)
Notice shall be given to the owners of all real property as
shown on the current tax duplicates located within 200 feet in all
directions of the property which is the subject of such hearing and
all adjoining property which is under common ownership and whether
located within or without this municipality. Such notice shall be
given by serving a copy thereof on the owner as shown on said current
tax duplicate or his or her agent in charge of the property or by
mailing a copy thereof by certified mail to the property owner at
his or her address as shown on said current tax duplicate. A return
receipt is not required. Notice to a partnership owner may be made
by service upon any partner. Notice to a corporate owner may be made
by service upon its President, a Vice President, Secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation. Notice to a limited-liability company may be made
by service upon any member thereof. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas. The requirement of service shall be satisfied by
notice to the condominium association, in the case of any unit owner
whose unit is above or below it, or horizontal property regime, in
the case of any co-owner whose apartment has an apartment above or
below it.
A.
Violations defined.
[Amended 9-26-2023 by Ord. No. O-23-06]
(1)
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
total or partial demolition, or removal or relocation without approvals
required by this article shall be deemed to be in violation hereof.
(2)
If any person shall undertake demolition or removal of any portion
of an historic building, site or structure without first having obtained
a permit, they shall be required to immediately stop the demolition
or removal, apply for approval and take any necessary measures to
preserve the affected premises pending such approval. If the permit
for demolition is denied, they shall immediately restore the affected
premises to its condition prior to any demolition. In the event of
a threat of imminent action for which the necessary approvals have
not been granted and which action would permanently and adversely
change a historic or landmark premises, the Zoning Officer is empowered
to apply to the Superior Court of New Jersey for injunctive relief
as is necessary to prevent such actions.
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:
[Amended 9-26-2023 by Ord. No. O-23-06]
(1)
For each day up to 10 days: not more than $750 per day.
(2)
For each day between 11 and 25 days: not more than $1,000 per
day.
(3)
For each day beyond 25 days: not more than $1,250 per day.
(4)
For each day beyond 25 days: a jail term not to exceed 90 days
may be imposed.
(5)
If a historic building, site or structure subject to the provisions
of this article is demolished or removed without first obtaining a
demolition permit, the owner shall be afforded a thirty-day period
to cure or abate the condition and shall also be afforded an opportunity
for a hearing before a court of competent jurisdiction for an independent
determination concerning the violation and penalty. Subsequent to
the expiration of the thirty-day period, a fine greater than $2,000/day
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the cure or abatement has not
substantially been completed. If the demolition or removal of the
historic building, site or structure has not been or cannot be cured
or abated, any application for development for the property on which
the historic building, site or structure existed shall obtain a certificate
of appropriateness from the Historic Preservation Commission as a
mandatory condition of approval.
(6)
A person convicted of a violation of this code may also be subject
to any fines and penalties for a violation of any other municipal
code or ordinance, or any state or federal law.
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.
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.
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.
