[Added 3-18-1996 by Ord. No. 1214]
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.
A.
The Mayor with the advice and consent of the Council
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."
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 over 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 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
term shall be fulfilled for the unexpired term only. Notwithstanding
any other provisions herein, the term of any member common to the
Historic Preservation Commission and the Planning Board shall be for
the term of membership on the Planning Board, and the term of any
member common to the Historic Preservation Commission and the Board
of Adjustment shall be for the term of membership on the Board of
Adjustment.
D.
Organization. The Commission shall elect annually
from its membership a Chairman and a Vice Chairman at its first annual
meeting.
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.
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).
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.
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.
For purposes of historic preservation, an "alteration" shall
mean any work done on any improvement which:
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.
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.
The razing of any improvement or the obliteration of any
natural feature of a structure or historic site.
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.
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.
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.
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.
Any work done and any improvement which:
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.
Preparation of survey. The Historic Preservation Commission
shall make a comprehensive survey of the Borough of Leonia for the
purpose of identifying historic sites which are worthy of protection
and preservation. The survey shall conform with the standards set
forth in this article and other state or national standards for the
recognition and designation of historic sites. A survey shall be made
in a timely manner and submitted to the Mayor and Council and the
Planning Board of the Borough of Leonia.
B.
Standards for designation of an historic site. In
considering an individual site, building, structure, district or landscape
for identification as historically, architecturally or archaeologically
significant, the Historic Preservation Commission shall give consideration
to the following criteria:
(1)
That it is associated with events that have made a
significant contribution to the broad patterns of the history of Leonia,
and be at least 50 years old; or
(2)
That it is associated with the lives of persons significant
to the history of Leonia; or
(3)
That it embodies the distinctive characteristics of
type, period, or method of construction, or that it represents the
work of a master, or, possesses high artistic values, or represents
a significant and distinguishable entity whose components may lack
individual distinction; or
(4)
That it yielded, or may be likely to yield, information
important in prehistory or history;
(5)
That it is of particular historic, cultural, scenic
or architectural significance to the Borough of Leonia or the County
of Bergen, and reflects or exemplifies the broad cultural, political,
scenic, economic or social history of the nation, state or locality;
(6)
Structures that have been moved from their original
locations, reconstructed historic buildings, properties primarily
commemorative in nature, and properties that have achieved significance
within the past 50 years shall qualify if they are integral parts
of districts that do meet the criteria or if they fall within the
following categories:
(a)
A religious property deriving primary significance
from architectural or artistic distinction or historical importance;
or
(b)
A building or structure removed from its original
location but which is significant primarily for architectural value,
or which is the surviving structure most importantly associated with
an historic person or event; or
(c)
A reconstructed building when accurately executed
in a suitable environment and presented in a dignified manner as part
of a restoration master plan, and when no other building or structure
with the same association has survived; or
(d)
A property primarily commemorative in intent
if design, age, tradition, or symbolic value had invested it with
its own historical significance; or
(e)
A property achieving significance within the
past 50 years if it is of exceptional importance.
C.
Documentation and notification; rights of property owner. Once the Historic Preservation Commission has prepared the survey set forth in § 290-72A of this article, it shall, thereafter, by certified mail, do the following:
(1)
Notify each owner that their property has been nominated
to be designated an historic site.
(2)
Advise each owner of the significance and consequences
of such nomination and further advise the owner of the right to accept
or decline designation as an historic site under this article.
(a)
Upon receipt of the notice referred to in Subsection C(2) of this section, the owner shall have 30 days from date of receipt of the notice within which to accept or decline such designation. The owner's response shall be within such time period by certified mail, return receipt requested, to the Historic Preservation Commission.
(b)
A property owner may appeal to the Commission
to extend the time to answer if, because of unusual circumstances,
including personal hardship or illness, and the notice could not have
been received by them within 30 days.
(c)
If an owner who has received the notice required
to be sent by this article does not respond to the notice, the failure
to respond shall be deemed to be a declination of the proposed nomination
to designate the owner's property as a historic site.
(d)
A property owner may ask to appear either formally
or informally before the Historic Preservation Commission to discuss
the designation, the proposed nomination to be designated as an historic
site and the Board shall, as is practicable, accommodate such requests.
Nothing shall prohibit the Board from having one or more public meetings
at which time all property owners who make such a request may appear
before the Board.
(3)
Advise each owner that should designation be declined,
the owner will not be entitled to:
(a)
Demolish the structure in its entirety, or
(b)
Remove the structure from the municipality,
or
(c)
Remove or demolish the elements of the structure
that have been individually itemized by the Commission and as accepted
by the Mayor and Council as being significant architectural elements
of the structure without approval from the Commission as provided
by this article.
(4)
The Commission shall provide proof of the notice of
the nomination of designation of the property as a historic site to
the affected property owners by filing with the Borough Clerk an Affidavit
of Notice which shall set forth the date of mailing, a copy of the
notice and a copy of the certified mail receipt that sent the notice
to each of the affected property owners.
D.
Public comment on proposed historic sites. Upon the
completion of a survey and a list including a map setting forth those
properties which were to be nominated for the designation of historic
site, the Commission shall hold a public hearing on the nomination
of these sites. This hearing shall be in addition to any other hearings
the Commission may have had prior to the completion of the survey
with individual affected property owners as provided by this article.
This meeting shall be conducted in accordance with the Open Public
Meetings Act. Notice of the hearing shall be published twice in the
official newspaper and one notice shall not be less than 10 days prior
to such hearing. At the hearing, any member of the public may offer
any comments to the proposed nomination of historic sites and may
offer any evidence. Members of the public need not be present but
may submit documentary evidence and be represented by an agent or
counsel.
E.
Final decision by Commission. Upon the close of the
public hearing, the Commission shall, within 45 days make a final
decision on the nominated properties and issue a final report to the
Mayor and Council and the public of the Borough of Leonia setting
forth the final properties designated. The Commission's report to
the Council shall include a recommendation for creation, modification,
addition or deletion to the historic site zoning overlay zone within
the Borough of Leonia. A true copy of that shall be supplied to the
Borough Clerk, the Clerk of the Planning Board and the Clerk of the
Zoning Board.
F.
Submission of list to Borough Clerk and Planning Board.
The list of historic sites shall be submitted thereafter to the Secretary
of the Borough Planning Board and to the Clerk of the Borough of Leonia.
Prior to the adoption of the ordinance adopting the designation list,
the governing body shall refer the same to the Planning Board for
recommendations. The governing body shall then consider whether to
adopt the designation list and Zoning Map by ordinance. Once adopted,
the designation list and Zoning Map may be amended in accordance with
law.
G.
Distribution of designation list and Zoning Map. Once
the Commission has adopted the proposed nominations of historic sites,
it shall, by certified mail serve a true copy of the historic site
designation list and Zoning Map, as adopted, the nomination upon each
property owner for the property nominated by the Commission. After
the service of the notice on all such property owners, the Secretary
of the Commission shall file with the Borough Clerk, an Affidavit
of Notice which shall set forth the date of mailing, a copy of the
notice and a copy of the certified mail receipt reflecting the service
upon the property owner.
H.
Placement of plaques. Each owner of a designated historic
site may mark the site with a plaque whose form has been approved
by the Historic Preservation Commission.
A.
Actions requiring a certificate of appropriateness
for Class A sites. A certificate of appropriateness issued by the
Historic Preservation Commission shall be required before a permit
is issued for any of the following or, in the event no other type
of permit is otherwise required, before any work can commence on any
of the following activities on the property of a designated historic
site:
(1)
Demolition of an historic site or of any improvement
within any Historic District.
(2)
Relocation of any landmark or of any improvement within
any Historic District.
(3)
Change in the exterior appearance of any existing
historic site or any improvement within any Historic District by addition,
alteration or replacement.
(4)
Any new construction, alteration, repair or remodeling
of a principal or accessory structure of any historic sites.
(5)
The subdivision or resubdivision of any historic site
within any Historic District.
(6)
Changes in or addition of new signs or exterior lighting
except that no certificate of appropriateness shall be required for
one unlit sign per premises if the surface area of such sign does
not exceed 1 1/2 square feet.
B.
Actions requiring a certificate of appropriateness
for Class B sites. A certificate of appropriateness issued by the
Historic Preservation Commission shall be required before a permit
is issued for any of the following or, in the event no other type
of permit is otherwise required, before any work can commence on any
of the following activities on the property of a designated historic
site:
(1)
Demolition of the structure in its entirety; or
(2)
Removal of the structure from the municipality; or
(3)
Removal or demolition of the elements of the structure
that have been individually itemized by the Commission, and accepted
by the Council, as being significant architectural elements of the
structure.
A.
Application procedure. Application for a certificate
of appropriateness shall be made on forms determined by the Historic
Preservation Commission and available from the Zoning Officer of the
Borough of Leonia. Completed applications shall be delivered to the
Zoning Officer.
B.
Application information and supporting documents.
Application for a certificate of appropriateness shall include the
following:
C.
Commission decision.
(1)
Once an application has been declared complete pursuant
to this article, then the Commission shall within 45 days decide the
merits of the application. The 45 days may be extended by agreement
between the applicant and the Historic Preservation Commission. The
approval may contain conditions precedent which the Commission deems
to be appropriate for the purpose of enforcing the intent of this
article.
(2)
Once an application is approved, the Commission shall
adopt a resolution of approval and issue a certificate of appropriateness.
If the Commission disapproves an application, it shall adopt a written
resolution at a public meeting in accordance with the Public Meetings
Act. A summary of the actions of the Commission shall be published
in the official newspaper within 10 days of the date of such action.
A copy of all written actions of the Commission shall be forwarded
to the Zoning Officer, and the Borough Planning Board or Zoning Board
if the within application is part of a development application before
that body.
D.
Appeal to Commission of hardship. In the event that
the applicant alleges that compliance with the requirements of this
section of the Article would be an unreasonable hardship and that
the nature of the application is such that the change sought neither
justifies the time and expense of the plenary proceeding nor will
impact negatively on the public good nor specifically on historic
qualities sought to be preserved; the Historic Preservation Commission,
by a 2/3 affirmative vote of its full authorized membership, may grant
such relief from the requirements of this section of the article as
it deems consistent with the public good and the purpose of the section.
Such action by the Commission shall be set forth in a written resolution
adopted at a public meeting.
E.
Request for certificate of appropriateness for alteration
creating negligible impact. An applicant may allege that a certificate
of appropriateness should be granted without the completion of an
application set forth herein because the addition or alteration contemplated
will not be visible from any place to which the public normally has
access, the addition or alteration cannot adversely affect the public
interest and cannot affect any architecturally significant elevation.
In that event, the Historic Preservation Commission by a majority
vote of its full authorized membership, upon finding that the applicant's
claim is accurate, may forthwith grant a certificate of appropriateness
on that basis. Such action by the Commission shall be set forth in
a written resolution adopted by the Commission at a public hearing.
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.
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.
A.
If a certificate of appropriateness is denied by the
Commission notwithstanding any approval by the Planning Board or Board
of Adjustment, the administrative officer charged with issuing the
permit for which the action or development application related shall
deny issuance pursuant to N.J.S.A. 40:55D-111 and the provisions of
this article.
B.
Appeals relating to a certificate of appropriateness.
An appeal of the grant or denial of a certificate of appropriateness
is as follows:
(1)
If the Construction Official refuses to issue a permit
based on denial of a certificate of appropriateness a written appeal
shall be made to the Zoning Board of Adjustment within 20 days after
such denial.
(2)
If the Planning Board or the Zoning Board of Adjustment
denies or grants a development application in the course of which
it accepts or rejects the recommendation of the Commission, as signified
by the denial or issuance of a certificate of appropriateness, an
appeal shall be made to the Mayor and Council of the Borough of Leonia
only in those cases where an appeal exists to the governing body from
a decision of the Zoning Board of Adjustment. An appeal of the action
of the Planning Board or any other actions of the Zoning Board of
Adjustment in regard to the issuance or denial of a certificate of
appropriateness, shall be made to the Superior Court of New Jersey
in accordance with the rules governing the Courts of the State of
New Jersey.
A.
Service of notice of violation. In the event of an
alleged violation of this article, the Construction Code Official
shall either, personally serve upon the owner of the lot whereon the
violation is occurring or, if the owner cannot be personally served
within the municipality with the said notice, a copy shall be posted
on the site describing the violation in detail and giving the owner
10 days to abate the violation by restoring the historic site or improvement
to its prior condition. If the owner cannot be personally served within
the municipality with the said notice, a copy of same shall be posted
on the site in question and a copy be sent by certified mail, return
receipt requested, to the owner at his last known address, as it appears
on the Borough tax rolls.
B.
Issuance of summons and complaint. In the event that
the violation is not abated within the specified 10 day period following
service and/or posting on the site in question, whichever is earlier,
the Construction Code Official shall cause to be issued a summons
and complaint, returnable in the municipal court, charging violation
of this article.
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.
