[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River 3-12-2008 by Ord. No. 1-08. Amendments
noted where applicable.]
The purposes of this chapter are:
As used in this chapter, the following terms
shall have the meanings indicated:
Borough Construction Code Official.
Pulling down, destroying, removing or razing a building or
structure, in whole or part (including exterior walls or roof). Demolition
shall not include ordinary maintenance, repair, or addition to a building.
Owner or other person or firm applying for demolition or
building permits on an historic home.
HISTORIC STRUCTUREAny property listed on the Upper Saddle River Inventory of Historic Sites that has enough of the original exterior remaining to be recognizable as historic as determined by the HPC.
HISTORIC LOCATIONAny property listed on the Upper Saddle River Inventory of Historic Sites that is located where the original structure was but has undergone so much alteration that it no longer contains enough of the original to be recognizable as historic as determined by the IIPC, or where the original structure has been razed.
Historic Preservation Commission.
A change to a structure that (one or more):
A.
Involves extensive removal or covering up of original
historic materials including but not limited to siding, rooflines,
window and door surrounds, corner boards and moldings and/or significant
changes to the structural frame.
B.
Substantially changes the character of the building
in terms of size, scale, mass and proportion.
C.
Leaves no clear distinction between the original historic
building and the new.
D.
Is inconsistent with the predominant architectural
style and historic qualities of the building.
E.
RELOCATION
Renders the building unrecognizable as an historic
site.
Moving of a building to a new location on the same or another
lot.
A.
Membership. The Commission shall consist of five regular
members and two alternates, with at least one member in each of the
following classes:
(1)
Class A: a person knowledgeable in building design
and construction or architectural history and who may reside outside
the Borough.
(2)
Class B: a person knowledgeable or with demonstrated
interest in local history who may reside outside the Borough.
(3)
Class C: citizens of the Borough who hold no other
municipal office except they may be a member of the Planning Board
or Board of Adjustment. At least one shall be owner of an historic
site.
B.
Terms of office: four years for regular members, two
years for alternates. In the initial creation of the Commission, terms
shall be distributed as follows: Regular members: two for four years,
one each for one, two, and three years so that all terms do not expire
at one time. Alternates: one for 2 years, one for one year. Regular
members may be reappointed for four-year terms when initial terms
expire. Alternates may be reappointed for two-year terms upon expiration
of initial terms.
C.
Appointment. The Mayor, with the advice and consent
of the Council, shall appoint all members and alternates. The Mayor
shall also appoint a Council member as liaison to the HPC.
D.
Officers. The Commission shall elect a Chairperson
and Vice Chairperson from its membership annually at its first meeting
of the calendar year and elect a secretary who may or may not be a
member of the Commission or a Borough employee.
E.
Funding. The Borough shall make provision in its budget
for appropriate funds for expenses of the HPC.
F.
Rules.
(1)
A quorum shall consist of three members of the Commission.
(2)
Secretary. The secretary shall record minutes of all
meetings and proceedings including voting records, attendance, resolutions,
findings, determinations and decisions. All shall be public record.
(4)
Alternate members may participate in discussions,
but not vote except in the absence of a regular member.
(5)
No member of the Commission shall be permitted to
act on any matter in which he or she or any family member has personal
or financial interest.
(6)
Members shall serve without compensation.
G.
Powers and duties. The principal responsibility of
the HPC shall be to work with developers to negotiate alternatives
to major alteration or demolition of historic sites. The Commission
also shall:
(1)
Create and maintain an inventory of historic sites
within Upper Saddle River based on the Bergen County Historic Sites
Survey 1984, revised 9/01.
(2)
Create and recommend to the Planning Board an historic
preservation section for the Borough Master Plan.
(3)
Contact owners of historic sites to discuss historic
preservation and the benefits of protection under this chapter.
(4)
Award historic site plaques and recognition to those
sites deemed eligible by the HPC.
(5)
Review applications for demolition or building permits
for homes protected under this chapter, discuss alternatives with
the developer, and render recommendations within 45 days of the receipt
of the application.
(6)
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough.
A.
Eligibility. Properties listed on the USR Inventory
of Historic Sites are eligible either as historic structures or historic
locations. The USR Inventory is based on the Bergen County Historic
Sites Survey, 1984, revised 9/01 (with one or two exceptions, all
properties listed were built before 1900). Other sites as determined
by the HPC can be eligible, provided they are:
B.
Application. Owners of historic structures or historic
locations may decline protection under this chapter in writing to
the HPC, in which case the application shall be granted by the HPC.
C.
Transfer of title. In the event there is a change
in ownership or transfer of legal title to a property previously accorded,
protection under this chapter, the new owner or transferee may accept
or decline such protection. If an owner has declined protection under
this chapter, a future owner of the property may apply for such protection.
D.
Implications of historic site status. Historic Site
Status does not:
(1)
Require a home be open for tours.
(2)
Restrict sale of property.
(3)
Prohibit improvements or restoration provided they
are compatible with the style of the historic building as determined
by the HPC.
(4)
Require approval of interior alterations.
(5)
Require approval of ordinary repair or maintenance.
The HPC shall be issued copies of any application
for demolition or alteration of an historic site protected under this
chapter. The HPC shall present an opinion on the application in 45
days from the date the completed application is received, during which
time no work is to be done on the property.
A.
During this review period, the HPC may work with the
developer to explore alternatives to extensive alteration or demolition
so that they are not the first or only alternatives considered when
the home is sold. If the developer is unable to meet with the HPC
during this period, the HPC shall request that the BCCO hold issuance
of permits until the developer has met with the HPC.
B.
If agreement is reached between the HPC and the developer,
the HPC shall issue a letter stating the terms of the agreement. Upon
receipt of the letter, the developer may proceed with obtaining permits
for the proposed demolition/relocation/alteration. Copies of the HPC
letter shall be forwarded to the BCCO, the developer, and all Borough
agencies involved in review of the project. All work on the building
shall be done in accordance with the agreement.
C.
If the application is unacceptable to the HPC, the
HPC shall state its reasons and recommendations in writing within
45 days and forward copies to the BCCO, the developer, and all Borough
agencies involved in review of the project. The applicable Borough
agencies will then determine whether to accept or deny the application,
or to request that the developer make changes that would be in line
with HPC recommendations.
D.
The developer shall grant the HPC access to the premises
to take photographs for historical record should demolition or major
alteration be planned.
Alternatives may include:
[Amended 11-12-2008 by Ord. No. 15-08]
At the end of the forty-five-day review period (§ 62A-5), if no action has been recommended by the HPC, the developer shall be entitled to apply for demolition and/or building. Upon expiration of said forty-five-day review period, the Zoning Enforcement Official may approve such demolition and/or building permit application.
All agreements between the HPC and the developer (§ 62A-5) shall expire two years from the date of the written agreement if the work authorized has not commenced.
Nothing in this chapter shall restrict or prevent
the BCCO from ordering the immediate demolition of any building which
is determined to be imminently dangerous or unsafe to the public.
A.
The BCCO shall be authorized to enforce the provisions
of this chapter and to institute any and all actions and proceedings
as may be necessary and appropriate to obtain compliance with the
same, including injuctive relief to enjoin and restrain any violations
and threatened violations.
B.
No building permit shall be issued for a period of
up to five years after completion of demolition by intentional or
grossly negligent disregard of the sections of this chapter.
C.
The remedies and enforcement procedures set forth
in this section may be applied separately or in conjunction with one
another at the discretion of the BCCO.
A.
Fifty-percent reduction in building permit fees at
the discretion of the Mayor and Council.
B.
Special zoning variance consideration may be recommended
by the HPC in special circumstances, including when the owner agrees
to write a deed restriction preventing future demolition and stating
that all alterations must be done preserving the historic integrity
of the building.
C.
General guidance on acquiring low-interest loans will
be provided by the HPC.
D.
General guidance for obtaining grants will be provided
by the HPC.
If any section, sentence or any other part of
this chapter is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this chapter
but shall be confined in its effect to the section, sentence or other
part of this chapter directly involved in the controversy which such
judgment shall be rendered.
All ordinances or parts of ordinances which
are inconsistent with the provisions of this chapter are hereby repealed,
but only to the extent of such inconsistencies.
This chapter shall take effect immediately upon
final passage and publication as provided by law.
