This Chapter shall be known as and may be cited as the Newark Landmarks and Historic Preservation Regulations.

As stated in the U.S. Department of the Interior's National Register Criteria for Evaluation, promulgated pursuant to 16 U.S.C.A. Sec. 470a, the following criteria shall be used by the Commission for its review for designation of historic sites, buildings and districts: the quality of significance in National, State or municipal history, architecture, archaeology, and culture if present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feelings, and association and:

Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, 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 not be considered eligible for nomination; however, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

Any interested party may nominate a historic landmark or district for local designation. All applications for nomination shall be submitted to the Division of City Planning. The application form shall be the National Register of Historic Places Registration Form, including all necessary attachments. The Administrative Officer shall review the application for completeness.

The nomination shall be presented initially to the Historic Preservation Commission, followed by the Central Planning Board and then the City Council; however, in any case, a nomination must be reviewed and approved by all these bodies in order to be designated as a local landmark.

Districts and landmarks already listed on the National or State Register of Historic Places as of May 30, 2007 shall automatically be designated a local landmark. The complete list is included as Exhibit A.

Nothing contained herein shall affect the present legal use of the designated property.

Use classifications and bulk restrictions as to all such property shall continue to be governed by the general zoning ordinance of the City of Newark and the procedures established therein.

In no case, however, shall any use be permitted which requires demolition, relocation, or alteration of a designated historic building, structure, site or within a designated district so as to adversely affect its character except upon compliance with the terms of this Chapter.

As to any building, facility or property owned by a religious institution and used for religious purposes, no Certificate of Occupancy shall be issued if the religious building or facility has been used for religious purposes for 25 years or if the religious building or facility is in a designated historic building, structure, site or is located within a designated historic district except upon compliance with the terms of this Chapter and the following requirements:

Each designated historic site or district may be marked by an appropriate plaque in such form as the Commission shall promulgate by regulation.

Upon recommendation of the Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth herein for designation, a determination may be made by the Commission to remove designation of a historic site or district.

Such a determination must receive five favorable votes, i.e., the majority of the Commission membership.

A historic site or district shall not be removed from the historic registry of the City of Newark without consideration of the recommendation by the Commission and must be effected by ordinance adopted by simple majority of the Municipal Council.

No building permit shall be issued or amended nor shall any construction, alteration, ordinary maintenance or repairs, or repairs or demolition be started on a designated historic building, structure or site, or within a designated historic district, prior to review by the Commission.

A permit issued by the Administrative Officer shall be required for any of the following actions to proceed regarding a designated historic site or for any improvement within a designated historic district:

All applications for permits pertaining to designated historic sites or improvements in designated Historic Districts shall be referred to the Commission for a written report and decision on the application of the provisions of this Chapter thereto.

Approval from a government agency outside the City of Newark does not eliminate the requirement of review by the City of Newark's Landmarks & Historic Preservation Commission for approval.

Changes to the interior of structures;

Changes not visible to the public from a public street.

In the event an Act of God or any other unexpected event shall cause the responsible person the need for immediate issuance of a permit to commence to stabilize, secure, repair or protect a designated historic site or any improvement in a designated historic district damaged from such event, and the Construction Code Official certifies the immediate necessity for such issuance, an approval of a permit may be issued in accordance herewith.

Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least three members of the Commission shall convene as soon as possible and such convening members shall proceed to review the current conditions for which the emergency powers of this Chapter have been invoked. Subsequent to review, an approval may be issued upon a majority vote of the members convened. This approval will only apply to work which is deemed necessary for stabilization, securing, repair or protection of the historic site or improvement in a historic district.

All other work subsequent to this must be submitted for review by the Commission under the application procedures found in Section 41:10-11 et seq., of this Chapter.

If work which would require a permit is to take place on a building, structure or site, or within a district, which has already undergone a Commission hearing and has been recommended for designation as a historic site or district, but has yet to be reviewed by the Municipal Council, the applicant shall follow the same procedure herein set forth for property already designated at which point the Commission may make recommendations as to the appropriateness of the work and its impact on the historic fabric of the site or district.

Persons seeking to undertake actions requiring review as per the provisions of this Chapter must submit a completed application to the Commission.

A complete application shall consist of:

The Historic Preservation Officer shall forward the complete application to the Commission for its report, except in those instances described herein where the Chairperson of the Commission may issue the approval.

The Central Planning Board and Board of Adjustment shall make available to the Commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the zoning or official map or identified in any component element of the master plan.

This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.

The 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.

If a recommendation of the Commission is rejected, the Central Planning Board or Board of Adjustment, as the case may be, shall include the reasons for rejecting the recommendation in the findings of its decision on the application.

At the request of any person seeking to undertake actions requiring review as per the provisions of this Chapter, the Commission shall schedule a hearing on his or her application. The applicant shall not be required to appear or to be represented at the meeting in which the application is being considered.

Completed applications for approval of a permit shall be submitted to the Administrative Officer a minimum of 14 days prior to a Commission's regularly scheduled meeting.

Applications for minor alterations and ordinary maintenance and repair may be reviewed by the Historic Preservation Officer who, at his or her discretion may issue a Certificate of No Effect, may require additional submittal information and/or refer the application to the Commission upon being deemed complete. In making such a determination the Historic Preservation Officer shall consider factors, including, but not limited to the effect of the proposed work in creating, altering, destroying or affecting the architectural features of the landmark building, structure, object, site or landscape feature upon which such work is to be done and the relationship between the results of such work and the architectural features of neighboring buildings, structures, objects, sites and landscape features. In appraising such effects and relationships, factors of aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color in addition to any other pertinent matters shall be considered.

For all applications not issued a Certificate of No Effect, the Commission shall render a decision within 45 days the application is deemed complete. If approved, such approval shall be known as a Certificate of Appropriateness.

If the Commission should fail to act within 45 days, the permit shall be deemed approved. Nothing herein shall prohibit an extension of time by mutual agreement between the applicant and the Commission.

The Commission may advise the Administrative Officer or the applicant, as the case may be, and make recommendations with regard to the appropriateness of the proposed action. These recommendations may become part of the conditions for approval of an application or the basis for the rejection of an application.

An approval shall be valid for a period of one year from the date of issue unless reasonable extensions are granted by the Commission. Requests for extensions shall be made by written request and shall rest in the sound discretion of the Commission.

The following standards, The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, promulgated pursuant to 16 U.S.C.A. Sec. 470a, shall guide the Commission's and Central Planning Board's decision making concerning all applications and approvals described herein.

Before applying protective measures, which are generally of a temporary nature and imply future historic preservation work, an analysis of the actual or anticipated threats to the property shall be made.

Protection shall safeguard the physical condition or environment of a property or archaeological site from further deterioration or damage caused by weather or other natural, animal or human intrusions.

If any historic material or architectural features are removed, they shall be properly recorded, and, if possible, stored for future study or reuse. If storage of said features causes a hardship for the applicant, the commission may consider making different accommodations.

Stabilization shall reestablish the structural stability of a property through the reinforcement of load bearing members or by arresting material deterioration leading to structural failure. Stabilization shall also reestablish weather resistant conditions for a property.

Stabilization shall be accomplished in such a manner that it detracts as little as possible from the property's appearance. When reinforcement is required to reestablish structural stability, such work shall be concealed wherever possible so as not to intrude upon or detract from the aesthetic and historical quality of the property, except where concealment would result in the alteration or destruction of historically significant material or spaces.

In considering whether to approve or disapprove an application for new construction on a designated historic site or in a designated historic district, the Commission shall be guided by standards of the Secretary of the Interior and the following visual compatibility standards.

New construction need not replicate historic older buildings or structures, but may reflect contemporary design standards so long as the design and construction is compatible with surrounding historic structures. Building height, width, mass and proportion affect the degree of compatibility between the old and the new.

A permit to relocate a designated historic site or an improvement in a designated historic district, must receive five favorable votes, i.e., the majority of the Commission membership.

In considering whether to approve or disapprove an application for a permit for the relocation of a designated historic site or improvement in a designated historic district, the Commission shall be guided by the following considerations:

A permit to demolish a designated historic site or an improvement in a designated historic district must receive five favorable votes, i.e., the majority of the Commission membership.

In considering whether to approve or disapprove an application for a permit to demolish a designated historic site, historic tree, or an improvement in a designated historic district, the Commission shall be guided by the following considerations:

In the event that a structure is unsafe or unsound so as to pose a danger to health or safety, the power and authority of the City of Newark to demolish the structure, as otherwise provided by law, shall not be impaired or altered in any way by the provisions of this Chapter. The City shall be exempt from making an application to the Commission but shall notify the Commission prior to the demolition.

If an application to demolish is denied, the applicant shall follow the appeal process detailed herein for denial of a permit.

The Commission shall utilize locally generated guidelines or historic preservation aids in addition to the Secretary of the Interior's Standards.

If a permit is approved, then the applicant may proceed to perform the work approved in the permit in compliance with the conditions attached.

If a permit is denied, the applicant is precluded from undertaking the activity applied for.

An applicant dissatisfied with the action of the Commission relating to the issuance or denial of a permit shall have the right to appeal to the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a within 20 days after receipt of notification of such action.

The applicant shall be advised by the Clerk of the Board of Adjustment of the time and place of the hearing at which the appeal will be considered, and shall have all rights defined under N.J.S. 40:55D-70a.

If the Board of Adjustment affirms the Commission's denial, the applicant may seek legal remedies as afforded by law.

If, in the case of an appeal, the Board of Adjustment determines there is an error in any order, requirement, decision or refusal made by the Administrative Officer pursuant to a report submitted by the Commission, the Board of Adjustment shall include the reasons for its determination in the findings of its decision thereon.

If any person shall undertake any activity vis-a-vis a historic building, structure, tree, or site, or within a historic district, without first having obtained a permit to do so, such person shall be deemed to be in violation of this Chapter.

Upon learning of the violation, the Administrative Officer shall serve upon the owner or responsible party of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 14 business days to abate the violation by restoring the historic site or improvement to its status quo ante. If the owner cannot be personally served within the municipality, the notice shall be deemed to have been officially served if a copy has been posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.

In the event that the violation is not abated within 14 days of service or posting on site, whichever is earlier, the Administrative Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this Chapter.

Any person violating any of the provisions of this Historic Preservation Ordinance of the City of Newark shall, upon conviction thereof, be subject to the penalties set forth for violation of the zoning ordinance.

A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Fines not paid within the time period set by law shall convert to a tax lien placed against the property and shall be recorded with the City of Newark Property Tax Office and the Essex County Register of Deeds and Mortgages.

The Administrative Officer shall inspect work approved by a permit and report to the Commission the results of such inspections.

The structural integrity of all historic sites and improvements in historic districts shall be preserved against decay and deterioration by being kept free from the following structural defects by the responsible person:

The responsible person shall repair the improvement within a specified period of receipt of a written order to correct defects or repairs to any improvement as provided in Section 41:10-23-1 above, so that such improvement shall be preserved and protected in accordance with the purposes of this Chapter 41:10.

Any such order shall be in writing, state the actions to be taken with reasonable particularity and shall specify dates for compliance which may be extended for a reasonable period of time upon request to allow the responsible person to secure financing, labor and/or materials. Any such order may be appealed to the Board of Adjustment within 20 days of receipt of same.

That taking of an appeal or the commencement of any court action hereunder shall not operate to stay any order requiring structures to be secured or requiring temporary support unless the Board of Adjustment or a court expressly stays such order.

It is recognized that the intent and purposes of this Chapter 41:10 would not be fully served if the City were to control the actions of others but fail to apply similar constraints to itself. Accordingly, a permit shall be required before final approval of any City actions on public as well as private lands, streets, easements and rights-of-way for actions affecting designated historic sites, buildings, trees, or districts.

This requirement shall be deemed to include any action by any party which requires the approval or concurrence of the City or any City agency and which is not otherwise covered by the provisions of the Chapter 41:10.

This Chapter 41:10 shall be liberally construed to effect the purposes set forth herein. In the event that this Chapter conflicts with State law, State law shall take precedence.

In the event that any portion of this Chapter 41:10 is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the Chapter actually adjudged invalid and shall not be deemed to affect the operation of any other portion hereof.

No duties or powers of the Commission shall supersede or infringe on the powers of other City boards.

All ordinances and all provision thereof inconsistent or conflicting with the provisions of this Chapter 41:10 are hereby repealed to the extent of such conflict or inconsistency.

In the event that any action which would permanently change adversely the historic building, structure, site or district, such as demolition or removal, is about to occur without an approval having been issued, the Administrative Officer shall apply to the Municipal Council for such injunctive relief as is necessary to prevent the destruction.

The Newark Historic Landmarks and Historic Districts Maps may be found in Appendix 41:A5.