There is hereby created in and for the Borough of Leonia a Commission to be known as the Historic Preservation Commission of the Borough of Leonia. The Historic Preservation Commission shall consist of five regular members and two alternate members. All members of the Commission shall be residents of the municipality. A change of residency outside the Borough shall create a vacancy to be filled pursuant to §
290-65C. Of the five regular Commission members, at least one member shall be of Class A, at least one member shall be of Class B and three of the five members shall either be Class A or Class B, defined as follows:
A. Class A: a person who is knowledgeable in building
design and construction in architectural history.
B. Class B: a person who is knowledgeable or with a demonstrated
interest in local history.
C. Class C: those regular members who are not designated
as Class A or B. Class C members shall hold no other municipal office
position or employment, except they may be a member of the Planning
Board or the Board of Adjustment.
D. Alternate members shall meet the qualifications of
Class C members.
The Commission shall create rules and procedures
for the transaction of its business subject to the following regulations:
A. A quorum for the transaction of business shall consist
of three of the Commission's members, including the Chairman or, in
his/her absence, the Vice Chairman.
B. The Commission shall appoint a secretary who need
not be a member of the Commission. The secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determination and decision. All
such material shall be public records.
C. All meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-6 et seq.).
D. Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
E. No member of the Historic Preservation Commission
shall be permitted to act on any matter in which he has either, directly
or indirectly, any personal or financial interest.
F. A member of the Historic Preservation Commission may
(after public hearing if he requests it) be removed by the governing
body for cause.
The Commission members shall serve without compensation.
The Historic Preservation Commission shall obtain
its legal counsel from the Borough Attorney at the rate of compensation
determined by the governing body. Expenditures shall not exceed, exclusive
of gifts or grants, the amount appropriated by the governing body
for the Commission's use.
The Historic Preservation Commission shall have
the responsibility to:
A. Issue certificates of appropriateness in accordance
with this article.
B. Advise the Planning Board and Board of Adjustment on applications for development, pursuant to Chapter
8, Article
V, Historic Preservation Commission, of this Code.
C. Provide written reports to the Planning Board.
D. Carry out such other advisory educational and informational
functions as will promote historic preservation in the Borough of
Leonia.
E. Seek funding in the form of grants, bequests, donations
to be used to assist owners of historic properties in their preservation
of those properties.
F. Advice on certain applications. The Planning Board
and Board of Adjustment shall make available to the Historic Preservation
Commission an informational copy of every application submitted to
either Board for development in historic zoning districts or on historic
sites designated on the Zoning or Official Map or on any component
element of the Master Plan. Failure to make the informational copy
available shall not invalidate any hearing or proceeding. The Historic
Preservation Commission may provide its advice which shall be conveyed
through its delegation of one of its members or staff to testify orally
at the hearing on the application and to explain any written report
which may have been submitted.
G. Review of applications for permits for historic sites or properties not otherwise part of any development application. All applications for issuance of permits pertaining to historic sites or property in Historic Districts shall be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the proposed change which aspects were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq. The Historic Preservation Commission shall report to the Construction Official within 45 days of his referral of a complete application to the Historic Preservation Commission. If within the forty-five-day period, the Historic Preservation Commission recommends to the Construction Official against the issuance of a permit to be issued, the Construction Official shall deny issuance of the permit or include the conditions in the permit as the case may be. Failure 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. Denial of a permit by the Construction Official because of an unfavorable recommendation by the Historical Preservation Commission may be appealed to the governing body in the same manner as appeals are made from decisions of the Board of Adjustment (§
37-28 of the Leonia Code).
H. The terms of all present members of the Historic Preservation Commission which exist at the time this article is adopted are continued for the length of their appointment made pursuant to Chapter
8, Article
V, Historic Preservation Commission, of the Borough Code.
Unless specifically defined below, words or
phrases used in ordinance shall be interpreted so as to give them
the meaning they have in common usage and to give this ordinance its
most reasonable application.
ADDITION
For purposes of historic preservation, an "addition" shall
mean the construction of a new improvement as part of an existing
improvement when such new improvement changes the exterior appearance
of any designated historic sites.
ALTERATION
For purposes of historic preservation, an "alteration" shall
mean any work done on any improvement which:
A.
Is not an addition to the improvement; and
B.
Changes the appearance of the exterior surface
of any improvement.
CERTIFICATE OF APPROPRIATENESS
A document issued by the Historic Preservation Commission,
following the review procedures set forth herein, certifying that
the proposed activity under review is acceptable in terms of the design
criteria set forth herein.
CERTIFICATION OF HISTORIC SITES
Class A Site: Homeowner accepts designation without exception.
Class B Site: Homeowner declines designation, however, demolition
restrictions as defined in Section 290-74C(3) shall apply.
DEMOLITION
The razing of any improvement or the obliteration of any
natural feature of a structure or historic site.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC PRESERVATION RESTRICTION
An interest in land less than fee simple absolute, stated
on the form of a height restriction, easement, covenant or condition,
in any deed, will or other instrument, other than a lease, executed
by or on behalf of the owner of the land, appropriate to preserving
a structure or site which is an historic site.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing which have
been formerly designated in the Master Plan and by ordinance pursuant
to the provisions of this article, as being of historical, archaeological,
cultural, scenic or architectural significance.
IMPROVEMENT
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 contiguous days.
REPAIR
Any work done and any improvement which:
A.
Is not an addition to the improvement; and
B.
Does not change the appearance of the exterior
surface of any improvement.
REPLACEMENT
Repairs, when a building permit is required for same.
The enforcement of this article shall be by
the Historic Preservation Commission as that Commission is established
pursuant to this article or other agencies or agents of the Borough
of Leonia as designated by the governing body of the Borough of Leonia.
A. Approved certificate of appropriateness deemed
positive recommendation. If a certificate of appropriateness has been
issued for an application that requires approval of the Planning Board
or Zoning Board of Adjustment, the certificate of appropriateness
shall be deemed to be a positive recommendation by the Historic Preservation
Commission to that body as to the historic preservation aspects of
the matter before that body. The Planning Board or Zoning Board of
Adjustment may, nevertheless affirm or deny the application based
on the entire record before it, notwithstanding the certificate of
appropriateness as to the historic preservation aspects.
In making its determinations and recommendations,
the Historic Preservation Commission shall take into consideration
specific standards, as set forth below.
A. Demolitions. In regard to an application to demolish
a historic site or any improvement within a Historic District, the
following matters shall be considered:
(1) Its historic, architectural, archaeological, social
and/or aesthetic significance.
(2) Its importance to the Borough and the extent to which
its historic, architectural and archaeological value is such that
its demolition would be detrimental to the public interest.
(3) The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(4) The extent to which its retention would promote the
general welfare by maintaining and increasing real estate values;
generating business; creating new jobs; attraction of tourists, students,
writers, historians, artists, and artisans; attracting new residents;
encouraging study and interest in the history of the United States;
stimulating interest and study in architecture and design; education
of citizens in the culture of the United States and heritage; and/or
making the Borough a more attractive and desirable place in which
to live.
(5) If it is within an Historic District, the probable
impact of its removal upon the ambience of the Historic District.
B. Removals out of the Borough. In regard to an application
to move an historic landmark or any structure within an Historic District
to a location outside the Borough the following matters shall be considered:
(1) The historic loss to the site of original location.
(2) The compelling reasons for not retaining the landmark
or structure at its present site.
(3) The proximity of the proposed new location to the
Borough, including the accessibility to the residents of the Borough
and other citizens.
(4) The probability of significant damage to the structure
as a result of the move.
(5) Any other relevant materials to the application.
C. Removals within the Borough. In regard to an application to move an historic landmark or any structure in an Historic District to a new location within the Borough the following matters shall be considered in addition to the matters listed in §
290-76A of this article.
(1) The compatibility, nature and character of the current
and of the proposed surrounding areas as they relate to the intent
and purposes of this article.
(2) If the proposed new location is within an Historic
District, the visual compatibility factors set forth herein shall
also be considered.
D. Visual compatibility considered for additions, removal
or changes. In regard to an application to construct a new structure
in an Historic District or on an historic site, or to add to or alter
an existing landmark structure, the visual compatibility of the proposed
addition or alteration with the structures and surroundings to which
it would be visually related shall be considered in terms of the visual
compatibility factors as set forth herein.
E. Considerations on other actions. In any other application
for any other kind of approval by the Commission, the following matters
shall be considered:
(1) If an historic site or a structure in an Historic
District is involved:
(a)
The impact of the proposed change on its historic,
archaeological and architectural character;
(b)
Its importance to the Borough and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest; and
(c)
The extent to which there would be involvement
of textures and materials that could not be reproduced or could be
reproduced only with great difficulty.
(2) The use of any structure involved.
(3) The extent to which the proposed action would adversely
affect the public's view of an historic site or a structure within
an Historic District from a public street.
(4) If the application deals with a structure within an
Historic District, the impact the proposed change would have on the
character and ambience of the Historic District and the structure's
visual compatibility with the buildings, places and structures to
which it would be visually related in terms of the visual compatibility
factors set forth in this article.
(5) In addition to all of the above and to the other standards
in this article, the Commission may consider any other relevant evidence
or factors it deems to be relevant to the application.
F. Visual compatibility factors. The following factors
shall be used in determining the visual compatibility of a building
structure or appurtenance thereof with the buildings and places to
which they are visually related:
(1) Height. The height of the proposed building shall
be visually compatible with adjacent buildings.
(2) Proportion of building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be visually compatible with that of buildings and places to
which it is visually related.
(3) Proportion of openings within the facility. The relationship
of the width of the windows to the height of the windows in a building
shall be visually compatible with that of the buildings and places
to which it is visually related.
(4) Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with that of the buildings and that relationship
of places to which it is visually related.
(5) Rhythm of entrance and/or porch projections. The relationship
of entrance and/or porch projections to the street shall be visually
compatible with that of the buildings and places to which it is visually
related.
(6) Relationship of materials, texture and color. The
relationship of materials, texture and color of the facade and roof
of a building shall be visually compatible with predominant materials
used in the building to which it is visually related.
(7) Roof shapes. The roof shape of a building shall be
visually compatible with that of buildings to which it is visually
related.
(8) Walls of continuity. Appurtenances of a building such
as walls, open-type fencing, evergreen landscape masses, shall form
cohesive walls of enclosure along a street to the extent necessary
to maintain visual compatibility of them to the buildings and places
to which it is visually related.
(9) Scale of building. The size of a building, the mass
of a building in relation to open spaces, windows, door openings,
porches, and balconies shall be visually compatible with those of
the buildings to which it is visually related.
(10)
Directional expression of front facade. A building
shall be visually compatible with buildings and places to which it
is visually related in its directional character, whether this be
vertical character, horizontal character or nondirectional character.
(11)
Architectural detail. The compatibility of the
style used in the exterior moldings, trim, cornices, etc., or the
proposed change.
Any person who violates this article shall upon conviction be subject to the penalties as set forth in Chapter
1, Article
I, General Penalty, of the Code of the Borough of Leonia, Each day this article or any section is violated shall be a separate and distinct offense.
All preventive maintenance on historic sites undertaken as a result of Chapter
212 must have a certificate of appropriateness.
It shall be the duty of all municipal officials
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 certificate
of appropriateness, and if it should, to inform, in writing, both
the Secretary of the Commission and the applicant in a timely fashion.