Collingswood City Zoning Code
ARTICLE X
Historic Preservation Commission, Historic District and Review Process
§ 141-102 Historic Preservation Commission.
A.
The Historic Preservation Commission of the Borough of Collingswood is hereby established pursuant to N.J.S.A. 40:55D-107 et seq. The Historic Preservation Commission shall consist of five regular members and two alternate members appointed by the Mayor. At least two of the regular members shall be of and designated as "Class A" and "Class B." The remaining regular members may be of and shall be designated as "Class C." The two alternates must meet the qualifications of Class C and shall be designated "Alternate No. 1" and "Alternate No. 2." The classes are defined as:
(1)
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(2)
Class B: a person who is knowledgeable of or who has a demonstrated interest in local history and who may reside outside the municipality.
(3)
Class C: any citizen of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
B.
C.
D.
Notwithstanding any other provision, the term of any member who is also a member of the Planning Board shall be coterminous with his membership on the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
E.
Rules and organization of the Commission.
(1)
The Commission shall elect from its membership a Chairperson, a Vice Chairperson and a Secretary.
(2)
The Commission shall establish a regular schedule of meetings, at least once a month or as often as required to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.
(3)
A quorum for the transaction of business shall be three members.
(4)
The Commission's Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions and applications for certificates of appropriateness. A verbatim record of Commission meetings and proceedings shall be kept and made available in accordance with provisions of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
All Commission records and minutes shall be made public records, and all Commission meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
(6)
The Commission shall adopt written bylaws and procedures for the transaction of its business and for the consideration of applications for certificates of appropriateness.
(7)
No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may be removed by the governing body for cause but only after a public hearing if he or she requests one.
F.
Expenses and costs; employment of experts and staff. The governing body shall make provision in its budget and shall 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 Borough Attorney. Expenditures pursuant to this section shall not exceed, exclusive of gifts and grants, the amount appropriated by the governing body.
G.
Powers and duties. It shall be the responsibility of the Commission to:
(1)
Make recommendations to the Planning Board and the governing body in the preparation and periodic updating of the historic preservation element of the Borough's Master Plan, including but not limited to the addition or deletion of historic sites and districts identified in the Borough's Master Plan.
(2)
Make recommendations to the Planning Board and governing body on the historic preservation implications of any plan element of the Borough's Master Plan which has been or may be adopted.
(3)
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
(4)
Recommend to the governing body sites and districts to be designated through amendment of this chapter. The criteria and procedures for designation are set forth in § 141-103 of this article.
(5)
Advise the Planning Board on development and zoning applications affecting designated districts and sites, in accordance with the procedures established in § 141-105 of this article.
[Amended 11-2-2020 by Ord. No. 1692]
(6)
Review all permit applications affecting designated districts and sites and to provide written reports to the Construction Official, in accordance with the procedures established in § 141-106 of this article.
(7)
Provide advisory, educational and informational services to promote historic preservation in the Borough.
§ 141-103 Designation of historic districts and sites.
A.
Criteria for designation. The Commission shall consider for nomination districts and sites that have integrity of location, design, setting, materials, workmanship and association and that meet one or more of the following criteria:
(1)
Character, interest or value as part of the development, heritage or cultural characteristics of the Borough, state or nation.
(2)
Identification with a person or persons who significantly enriched the Borough, state or nation.
(3)
Site of an historic event which had significant effect on the development of the Borough, state or nation.
(4)
Embodiment of distinguishing characteristics of a type, period or method of construction, architecture or engineering.
(5)
Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, state or nation.
(6)
Embodiment of elements of designs, detail, materials or craftsmanship that render a site architecturally significant or structurally innovative.
(7)
Unique location or singular physical characteristics that make a district or site an established or familiar visual feature.
(8)
Likely to yield information important in prehistory or history.
B.
Procedures for designation. Based on the Commission's review of potential sites or upon the recommendations of other Borough bodies or of interested parties, the Commission shall consider nomination of a district or a site according to the procedures outlined below:
(1)
The Commission or interested party shall prepare a nomination report for each proposed district or site. For historic district designations, the report shall include a building-by-building inventory of all properties within the district; black and white 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 historic site designations, the report shall include one or more black and white photographs; the tax lot and block number of the property as designated on the Official Borough Tax Map; and a physical description and statement of significance for the site.
(2)
The Commission shall refer its nomination report to the Planning Board for review and consideration as an amendment to the Master Plan of the Borough.
(3)
The Planning Board may schedule a public hearing on the proposed designation of a district or site, in accordance with the procedures set forth for adoption or amendment of the Master Plan as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. At least 10 days prior to the hearing, the Commission shall, by personal service or certified mail:
(a)
Notify each owner of a proposed historic site or of property within a proposed historic district that his or her property is being considered for historic designation and the reasons therefor.
(b)
Advise each owner of the significance and consequences of such designation and of his or her rights to contest such designation.
(c)
Notify each owner of the date, time and place of the hearing.
(4)
Public notice of the hearing shall be given at least 10 days prior to the hearing by publication in the official newspaper of the Borough. A copy of the nomination report shall also be made available for public inspection at least 10 days prior to the hearing.
(5)
Upon Planning Board review and adoption of the proposed historic district or site designation in the Master Plan, the Commission or the Planning Board shall forward the adopted Master Plan to the governing body. The governing body may disapprove or change or take no action on the adoption of an ordinance to implement the historic district or site aspects of the Master Plan. Governing body action on historic district or site 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.
(6)
Notice of designation shall be made public by publication in the official newspaper of the Borough and distributed to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to each owner affected by the designation.
(7)
A protest of designation status signed by 20% or more of the property owners within a designated historic district or by the owner of the property on which there is a designated historic site may be filed with the Borough Clerk. Such designation shall not become effective following the filing of such a protest except by the favorable vote of 2/3 of all members of the governing body.
§ 141-104 Certificate of appropriateness.
A.
Actions requiring review. A certificate of appropriateness issued by the Commission shall be required before a permit is issued for any of the following or, in the event that no permit is required, before any work can commence on any of the following activities within any historic district or involving a designated historic site:
(1)
The demolition of an historic site or an improvement within an historic district.
(2)
The relocation of an historic site or an improvement within an historic district.
(3)
A change in the exterior appearance of any historic site or of any improvement within an historic district by addition, alteration or replacement.
(4)
Any new construction of a principal or accessory structure on any historic site or in any historic district.
(5)
Any replacement, changes in or addition of signs, shutters, outdoor displays, fences, hedges, awnings, off-street driveway and parking materials or exterior lighting for an historic site or an improvement within an historic district.
B.
Actions not requiring review. A certificate of appropriateness issued by the Commission is not required for:
(1)
Changes to the interiors of structures.
(2)
Material changes not visible from a public street.
(3)
The repainting, repairing or exact replacement of any existing improvement, provided that the work does not alter the exterior appearance of the structure. The following are some of the activities which are permitted under this criteria:
(a)
Complete identical replacement of existing windows and doors.
(b)
Repair of existing windows and doors that does not change their designs, scale or appearance, and the installation of storm doors and windows.
(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 of the structure.
(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 of the structure.
(g)
Exterior painting of existing structures. The Commission may recommend colors harmonious with those historically appropriate for the site or district.
(4)
The repainting, relettering, repairing, installation, or erection of signs in accordance with Article IX or this chapter. However, the installation of internally illuminated signs and historic identification signs must receive a certificate of appropriateness from the Historic Preservation Commission.
C.
Emergency repairs. When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with Borough codes without the necessity of 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 the occupants of the structure or others and/or to maintain the habitability of the structure. A request for the Commission's review shall be made simultaneously with the onset of emergency work, and no further work 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 criteria set forth in § 141-107 of this article.
D.
Informal review of concept plan for proposed undertakings.
(1)
At the request of applicants considering action that may require a certificate of appropriateness, as set forth above, the Commission shall grant an informal review of a concept plan for proposed undertakings for which the applicant intends to prepare and submit an application for a certificate of appropriateness. Neither the applicant nor the Commission shall be bound by any informal review.
(2)
In the case of very minor projects involving exterior repairs or alterations, the Commission, if the preliminary data and drawings are sufficiently complete, may grant a certificate of appropriateness at an informal meeting.
E.
Application procedures.
(1)
Applications for a certificate of appropriateness shall be made on forms available in the construction office. Completed applications shall be delivered or mailed to the Historic Commission Secretary 20 days prior to the meeting.
[Amended 9-4-2007 by Ord. No. 1437]
(2)
The Commission shall advise the applicant, in writing, of the time, date and place of the meeting at which his or her application is to be reviewed at least 10 days prior to the meeting.
(3)
Contents of applications.
(a)
Applications for certificates of appropriateness shall include:
[1]
Complete application forms, which contain a precise written description of the proposed work or activity.
[2]
Sufficient photographs of the existing structure or lot.
[3]
Scaled drawings showing site plan layout and facade elevations and specifying materials.
[4]
For new construction applications, a streetscape elevation drawn to scale, showing the new structure in the context of neighboring buildings.
[5]
For large projects, working drawings and specifications shall be required.
[6]
The Commission may require the submission of additional information reasonably necessary to make a decision.
F.
Action on applications.
(1)
The Commission shall reach a decision on the application within 45 days of submission of the complete application or referral of the same by the Construction Official. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of the proposed action and may grant approval upon such conditions as it deems appropriate within the intent and provisions of this article. An applicant shall not be required to appear or to be represented at any meeting to consider the application.
(2)
If an application is approved, the Commission shall issue a certificate of appropriateness. If the Commission disapproves an application, the Commission shall state its reasons, in writing, in resolution form within 10 days of such decision and deliver a copy of it to the applicant.
(3)
When a certificate of appropriateness has been issued, the zoning office shall, from time to time, inspect the work approved by the certificate and report to the Commission any work not in accordance with such certificate. The Commission shall also make inspections of work approved by a certificate whenever it considers such to be desirable.
(4)
A certificate of appropriateness shall be valid for a period of two years from the date of issuance unless reasonable extensions are granted by the Commission. If a permit is also required for the action approved and is obtained prior to the expiration of said two-year period, then the certificate of appropriateness shall be valid for the life of the permit and any extensions thereof.
§ 141-105 Review of development and zoning applications by Historic Preservation Commission.
[Amended 11-2-2020 by Ord. No. 1692]
A.
The Planning Board shall make available to the Commission an informational copy of every application submitted to the Board for development and/or zoning changes in historic districts or on historic sites designated on the Zoning Map or in the historic preservation element of the Master Plan. The appropriate Board shall forward a copy of the complete application at least 14 days prior to the hearing. The Commission shall make its recommendations to the appropriate Board in the form of a written report or it may convey its advice 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.
B.
The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance as outlined in § 141-103A of this article. In considering the Commission's recommendations, the Planning Board shall be guided by the review standards established in § 141-107 of this article.
C.
On all matters referred to the Commission which require approval or action by the Planning Board, the decision of the Commission shall be a recommendation only, which may be approved, disapproved or amended by the Planning Board. In the event that the Planning Board should disapprove or amend the decision of the Commission, it shall state its reasons therefor at a public hearing and in its resolution of memorialization.
§ 141-106 Review of application pertaining to regulated activities by Historic Preservation Commission.
The Zoning Officer shall refer all applications for permits pertaining to regulated activities on an historic site, or within an historic district, to the Commission for a written report on the application of the zoning provisions concerning historic preservation to any of those aspects of the change proposed, which 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 Commission shall submit its report on the application to the Zoning Officer within 45 days of his referral of the application to the Commission. If, within the forty-five-day period, the Commission recommends to the Zoning Officer against the issuance of a permit, or recommends conditions to the permit to be issued, the Zoning Officer shall deny issuance of a permit or include the conditions in the permit, as the case may be. 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.
§ 141-107 Standards for review by Historic Preservation Commission.
A.
In regard to all applications, the Commission shall be guided by the following standards:
(1)
Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure 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 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 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 or site shall be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than replaced, wherever 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 materials and when such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10)
Wherever possible, new additions and 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.
(11)
Efforts to preserve the architectural features and historical integrity of a property or specific feature of that property should be consistent with the intent and purpose of the Borough’s Development Regulations and the Borough’s Master Plan. The time, resources, and costs determined to be necessary to preserve the architectural features and historical integrity of a property located within a historic district shall be considered by the Commission and balanced against the market value of the property and any substantial economic hardship that may be sustained by an applicant. In rendering its decision, the Commission shall consider an applicant’s proposed use of alternative and less expensive materials and methods of preservation. Commission members shall provide reasons for their decision which shall be memorialized in the Commission’s resolution.
[Added 3-3-2018 by Ord. No. 1634]
B.
In regard to applications for new construction, additions and alterations, the following visual compatibility factors shall be considered:
(1)
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2)
The proportion of a building's front facade. The relationship of the width of the building to the height of the front elevation shall be compatible with the buildings and places to which it is visually related.
(3)
The 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 the buildings and places to which it is visually related.
(4)
The rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5)
The rhythm of spacing and buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6)
The rhythm of entrance and/or porch projections. The relationship of the entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7)
The relationship of materials, texture and color. The relationship of the materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10)
The scale of a building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11)
The directional expression of the front elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
(12)
Exterior features. A structure's related exterior features, such as lighting, fences, signs, sidewalks, driveways and parking areas, shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.
C.
In regard to applications to demolish an historic site or any improvement within an historic district, the following matters shall be considered:
(1)
Its historic, architectural, cultural or scenic significance in relation to the criteria established in this article.
(2)
If it is within an historic district, its significance to the district and the probable impact of its removal on the character and ambience of the district and the criteria which were the basis of the designation of the district.
(3)
Its potential for use for those purposes currently permitted by zoning regulations.
(4)
Its structural condition and the economic feasibility of alternatives to the proposal.
(5)
Its importance to the Borough and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(6)
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it would not be reproduced or could be reproduced only with great difficulty and expense.
(7)
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design or making the Borough an attractive and desirable place in which to live.
D.
In regard to applications to move an historic site or any building or structure in an historic district to a new location, the following matters shall be considered:
(1)
The historic loss to the site of the original location and, if the present location is within an historic district, to the historic district as a whole.
(2)
The reasons for not retaining the landmark or structure at its present site.
(3)
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of the interest and values referred to in this article.
(4)
If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection B.
(5)
The probability of significant damage to the landmark or structure itself.
(6)
If it is to be removed from the Borough, the proximity of the proposed new location to the Borough, including the accessibility to the residents of the Borough and other citizens.
§ 141-108 Effect of project approval or denial by Historic Preservation Commission; appeals.
A.
Approval. Issuance of a certificate of appropriateness 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 Borough ordinance to be made prior to undertaking the action requested concerning the site or the structure in an historic district.
B.
Denial. Denial of a certificate of appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for.
C.
Appeals. The granting of denial of a certificate of appropriateness may be appealed to the Planning Board in the same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the Borough action after an appeal is concluded by the Planning Board.
[Amended 11-2-2020 by Ord. No. 1692]
D.
Demolitions. In its review of applications for demolition of an historic landmark or an improvement of an historic district, pursuant to § 141-104, the Commission may recommend the postponement of demolition for a period not to exceed one year. The Commission shall utilize this time period to consult with the governing body, the New Jersey Department of Environmental Protection and Energy or other similarly qualified organizations to ascertain how the Borough may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition would be a great loss to the Borough. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis which may include any or all of the following:
(1)
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(2)
The assessed value of the land and improvements thereon according to the most recent assessment.
(3)
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(4)
All appraisals obtained by the owner in connection with his purchase or financing of the property or during his ownership of the property.
(5)
Bona fide offers of the property for sale or rent, the price asked and offers received, if any.
(6)
Any consideration given by the owner as to profitable, adaptive uses for the property.
E.
The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the historic district can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.
§ 141-109 Enforcement; violation; notice; failure to comply.
A.
Any person who shall undertake any activity which affects an historic site or an improvement within an historic district and which requires a certificate of appropriateness, without obtaining the review of the Commission, shall be deemed to be in violation of this chapter.
B.
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot 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 site or improvement to the condition it was prior to the violation. If the owner cannot be personally served within the Borough with said notice, a copy shall be posted on the site and a copy sent to the owner at his last known address as it appears on the Borough tax rolls.
C.
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning 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 land; or to prevent any illegal act, conduct, business or use in or about such premises.
D.
If any person shall undertake any activity requiring a certificate of appropriateness 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 landmarks affected pending a decision. If the project is denied, he shall immediately restore the site to its preactivity status. The Zoning Officer is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than 10 days after the delivery of notice pursuant to Subsection B hereof.
E.
In the event that any action which would permanently and adversely change an historic site or historic district or that a demolition to remove the site is about to occur without approval having been issued, the Zoning Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
§ 141-110 Limitation on duties and powers of Historic Preservation Commission.
No duties or powers of the Commission shall supersede or infringe on the powers of other Borough boards or committees.