Leonia City Zoning Code
ARTICLE XV
Historic Preservation
§ 290-64 Creation of Commission.
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.
§ 290-65 Appointment of members; terms; vacancies.
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.
§ 290-66 Establishment of rules and regulations.
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.
§ 290-67 Compensation for members.
The Commission members shall serve without compensation.
§ 290-68 Compensation for professional services.
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.
§ 290-69 Powers and duties.
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).
§ 290-70 Definitions.
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.
§ 290-71 Enforcement.
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.
§ 290-72 Designation of historic sites and Historic Districts.
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.
§ 290-73 Certificate of appropriateness.
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.
§ 290-74 Application for certificates of appropriateness.
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.
§ 290-75 Effect of certificate of appropriateness approval; denial; appeal.
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.
§ 290-76 Standards for consideration.
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.
§ 290-77 Denial of certificate.
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.
§ 290-78 Notice of violation.
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.
§ 290-79 Violations and penalties.
§ 290-80 Preventive maintenance.
All preventive maintenance on historic sites undertaken as a result of Chapter 212 must have a certificate of appropriateness.
§ 290-81 Permit review.
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.