BOROUGH OF NORWOOD

This ordinance was tabled after the = public hearing was held on September 5, 2006 due to the Planning Board removing the Historic Preservation Element from the Master Plan

BOROUGH OF NORWOOD

ORDINANCE NO. 06:13

AN ORDINANCE REGULATING HISTORIC PRESERVATION AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION OF THE BOROUGH OF NORWOOD, COUNTY OF BERGEN, AND ST= ATE OF NEW JERSEY

Whereas, the historical, cultural, architectural, economic, = and social heritage of the Borough of Norwood is entrusted from generation to generation, enriched and then passed on; and

Whereas, the character and quality of life in the Borough de= pends in great measure on the ability to protect this rich heritage; and

Whereas, in this the Borough’s Centennial year, the significant role that historic resources have played and continue to play in the formation of the Borough’s character is particularly evident, and=

Whereas, in order to perform this preservation, the members = of the Borough of Norwood Council wish to identify and protect certain resources located within the Borough; and

Whereas, the members of the Borough of Norwood Council belie= ve that the creation of an “Historic Preservation Commission,” and= the establishment of certain regulations governing the designation, establishme= nt, preservation and regulation of Historic Landmarks and Historic Districts wi= thin the Borough will greatly assist in achieving this goal, and will serve to enhance the general welfare of the citizens of Norwood.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Norwood, New Jersey, as follows:=

Section 1. &nbs= p; Chapter 233 of the Code of the Borough is hereby amended. A new article, Artic= le XVIII entitled “Historic Preservation”, is added which shall re= ad as follows:

§233-140. Short Title.=

This Ordinance shall be known by and maybe referred to by this short title of &#= 8220;The Historic Preservation Ordinance of the Borough of Norwood.”

= §233-141. Purp= oses.

The provisions of this Ordinance are intended to effect and accomplish the protection, enhancement, and perpetuation of especially noteworthy examples= and elements of the Borough’s environment in order:

A. To safeguard the heritage of Norw= ood by preserving resources within the Borough which reflect elements of its archaeological, cultural, social, economic, architectural and historical heritage;

B. To identify, designate, and regulate Historic Landmar= ks and Historic Districts in order to preserve their historical significance;=

C. To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structu= res, sites and districts within the Borough;

D. To promote the economic welfare of the Borough through the preservation of its historic sites and landscapes

E. To encourage the continued use of historic and/or noteworthy building, structures, objects and sites and to facilitate their appropriate use or reuse;

F. To foster civic pride in the history and architecture= of the Borough;

G. To promote appreciation of Historic Landmarks and Historic Districts for the education, pleasure and welfare of the local population;<= /p>

H. To encourage proper maintenance, preservation, and reinvestment in the historic settings, streetscapes, landscapes, buildings and structures within the Borough;

I. = To manage change within Historic Districts and Histor= ic Landmarks by encouraging sensitive and appropriate alteration or new construction to ensure compatibility with the existing environment;

J. Preventing alteration or new construction not in keep= ing with any historic district or historic landmark;

K. To discourage the unnecessary demolition of historic resources;

L. To enhance the visual and aesthetic character, divers= ity, continuity, and interest in the Borough and its neighborhoods;

M. To encourage beautification and private reinvestment in Historic Landmarks and Historic Districts, and surrounding properties;

N. To recognize the importance of Historic Landmarks and Historic Districts by ur= ging property owners and tenants to maintain their properties in keeping with the requirements and standards of this Ordinance and to invite and encourage voluntary compliance.

§233-142. Definitions.=

Unless specifically defined below, words or phases used in the ordinance shall be interpreted so as to give them the meaning they have in common usage, and to give this ordinance it's most reasonable application.

A. "ADDITION" means the construction of a new improvement, as part of an existing improvement, = when such new improvement changes the exterior architectural appearance, of a historic site. An extension or increase in building size, floor area, = or height.

B. "ADMINISTRATIVE OFFICER" means the Construction Code Official.

C. "ALTERATION" means any change in the exterior architectural features of a designated historic site, which is not= an addition.

D. "APPLICATION" means a request to the Commission made pursuant to this Ordinance for the purpose= of obtaining a Certificate of Appropriateness, or other action by the Commissi= on hereunder specified.

E. "APPLICATION FOR DEVELOPMENT" means th= e application to the Planning Board of the Borough, for approval of a major or minor subdivision plat, site plan, planned development, conditional use, zoning variance, or the direction of the issuance of a permit pursuant to section = 25 or 27 of P.L.1975, c291 (N.J.S.A.40:55D-34 or 40:55D - 36).

F. “ASSIGNMENT” means the transfer of a right, permit or approval to another party, frequently in conjunction with = the transfer of ownership of property.

G. "BUILDING" means any man made structure, created principally to shelter any form of human activity as well as it's functionally related appurtenances, such as a hous= e.

H. “BOROUGH HISTORIC SITES SURVEY” means the inventory of prehistoric or historic districts, sites, buildings, structures, or objects as identified = by a survey conducted according to §233-143:G of this Ordinance.=

I. "CERTIFICATE OF APPROPRIATENESS" means that document issued by the Histo= ric Preservation Commission indicating permission to commence work on any struc= ture located within the historic district or a designated historic site.

J. "COMMISSION" means the Historic Preservation Commission established pursuant to the provisions of this Ordinance.

K. "CONSTRUCTION OFFICIAL" means the officer in charge of the granting of the building or construction permits in the Borough.

L. “CONTRIBUTING BUILDING” means a building, site, structure, or object that adds to the historic or architect= ural qualities, historic associations or archaeological values for which a prope= rty or district is significant.

M. "DEMOLITION" means partial or total razing or destruction of any historic site or of any improvement within an historic district.

N. "DESIGNATED PROPERTY OR DISTRICT" means an individual building, structu= re, site, object, or district which has been designated as having historical, architectural, cultural, aesthetic, or other significance pursuant to the provision of this Ordinance.

O. "DEVELOPMENT" means the division of a parcel of land into two or more parcels, construction, reconstruction, conversion, structural alterations, relocation or enlargeme= nt of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land extension of use of land for which permission may be required pursuant to t= he Municipal Land Use Law.

P. "DISTRICT" means "HISTORIC DISTRICT” as defined herein.

Q. "EVALUATION" means the process of determining whether identified properties meet defined crite= ria of historical, architectural, archeological, or cultural significance. <= o:p>

R. "HISTORIC DISTRICT" means a geographic= area with distinctly definable boundaries composed of several buildings or sites= and intervening or surrounding property which:

(1) = has acquired a unity of character through the interrelationships of the component buildings and sites: and

(2) = has been designated as having historical, archeological, cultural, scenic, architectural or other significance pursua= nt to the provisions of this Ordinance.

S. "HISTORIC RESOURCE" means any prehistoric or historic district, site, building, structure, or object incl= uded in the Borough Historic Sites Survey, or eligible for inclusion in the Nati= onal Register (of Historic Places); such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.

T. "HISTORIC SITE" means any real property, man made structure, natural object or configuration, or any porti= on or group of the foregoing, which have been formally identified in the Master Plan as being of historical, archeological, cultural, scenic or architectur= al significance.

U. “HOMEOWNER” means a private individual or individuals who are owners of a residential propert= y. This term does not apply to commercial or business entities, nor to owners of properties operated as a business. However, when a residential propert= y is owned by an LLC, and the principal owner(s) of said corporation is a reside= nt in the property, then said person shall be considered a homeowner.

V. "IMPROVEMENTS' means any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location or such construction or installation for a period of not less than one hundred twenty (120) continu= ous days.

W. "INTEGRITY' means the authenticity of the historic identity of a building, structure, site, object, or district evidenced by the survival of the physical characteristi= cs that existed during it's historic or prehistoric period.<= /p>

X. "INTERESTED PARTY" means any person whose right to use, acquire or enjoy property is affected by any action taken under this Ordinance or whose righ= ts to use, acquire, or enjoy under any other law of this State or the United S= tates have been denied, violated or infringed by an action or failure to act under this Ordinance.

Y. “KEY BUILDING” means a building, site, structure, or object tha= t is of particular significance and is a defining element of the historic or architectural qualities, historic associations, or archaeological values for which a property or district is significant. A key building is most li= kely eligible for the New Jersey and/or National Registers of Historic Places in its own right.

Z. "LANDMARK" means a building, str= ucture , site, or object which has a special character or special historical or aesthetic interest as part of the development, heritage, or cultural characteristics of the Borough, State, or Nation, and which has been design= ated as a landmark pursuant to the provisions of this Ordinance.

AA. "LANDMARK DISTRICT" means "HISTORIC DISTRICT” as defined herein.:

BB. "MASTER PLAN" means the Master P= lan of the Borough of Norwood, as amended from time to time, compiled pursuant to = the Municipal Land Use Law. = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ;

CC. "MINOR APPLICATION" means any application for Certificate of Appropriateness which:

(1) = does not involve demolition, relocation, or removal o= f a historic site;

(2) = does not involve an addition to an individual propert= y or a property in a historic district or new construction in a historic district;=

(3) = is a request for approval of fences, signs, lighting, paving, or street-scape work which will comply with the adopted design guidelines for the improvement proposed and which will not substantially af= fect the characteristics of the historic district.

DD. "MUNICIPAL LAND USE LAW" means the Municipal Land Use Law of the State= of New Jersey, P.L.1975c291(N.J.S.A.40:55D et seq.), as amended from time to time.

EE. "NATIONAL REGISTER CRITERIA" mea= ns the established criteria for evaluating the eligibility of properties for inclu= sion in the National Register of Historic Places.

FF. "NON-CONTRIBUTING BUILDINGS" mea= ns a building, site, structure, or object that does not add to the historic or architectural qualities, historic associations or archaeological values for which a property is significant because: it was not present during the peri= od of significance; due to alterations, disturbances, additions, or other chan= ges it no longer possesses historic integrity reflecting it's character at that time or is incapable of yielding important information about the period.

GG. "OBJECT" means a material thing of functional, aesthetic, cultural, historic, scenic, or scientific value that may be, by nature or design, movable, yet related to a specific setting or environment.

HH. "ORDINANCE" means a legislative act of the governing body of a municipality adopted in accord= ance with statutory requirements as to notice, publicity, and public hearing as required by law.

II. &= nbsp;"ORDINARY MAINTENANCE AND REPAIR" means the repair of any deterioration, wear, or dam= age to a structure or any part thereof in order to return the same as nearly practicable to its original condition prior to the occurrence or such deterioration, wear, or damage with in-kind material and replacement of exterior elements or accessory hardware including signs, using the same mat= erials and workmanship and having the same appearance.

JJ. <= /span>"OWNER" means any person having a righ= t, title, or interest in any property so as to be legally entitled, upon obtai= ning such permits and other authorizations as maybe required pursuant to law, to perform construction, alterations, removal, demolition, or other work with respect to such property.

KK. “PERMIT” shall mean any required approval for exterior work to any improvement or property in a historic district or on a historic site. Permit shall include, but is not limited to, a building permit, a demolition permit, a permit to move, convert, relocate, or remodel, or to change the use or type= of occupancy of any improvement or property in a historic district which invol= ves exterior changes to the structure or the property on which it is located.

LL. “PRESERVATION” shall mean the act or proc= ess of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form of vegetative cover of a site.= It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

MM.“PROTECTION” shall mean the act or process of applying measures designed to preserve the physical condition of a property by guarding it from deterioration or loss.=

NN. “RECONSTRUCTION” shall mean the act or process of reproducing by new construction the exact = same form and detail of a vanished or non-surviving building, structure, or obje= ct, or any part thereof, as it appeared at a specific period of time when documentary and visible evidence is available to permit accurate reconstruction.

OO. “REHABILITATION” shall mean the act or process of returning a property to its state of utili= ty through repair or alteration which makes possible an efficient contemporary= use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

PP. “REPAIR” shall mean any work done on an improvement that is not an addition and does not change the exterior appear= ance of any improvement, provided however that any such repairs must be done with materials and workmanship of the same quality as the existing materials and workmanship of the improvement.

QQ. “RESTORATION” shall mean the act or process of accurately recovering the form and details= of a property and its setting as it appeared at a particular period of time by means of the removal of a later work or by the replacement of missing earli= er work.

RR. “SECRETARY OF THE INTERIOR’S STANDARDS” means The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68).

SS. “SITE” shall mean any real property, whether public or private, with or without improvements, which is the locat= ion of a significant event or series of events, a prehistoric or historic occupation or activity, or a building, structure, or object, or any configuration, portion, or group of forgoing which has been designated by t= he Commission as having historical, archeological, cultural, scenic, or architectural significance pursuant to the provisions of this Ordinance

TT. “STREETSCAPE” shall mean the visual chara= cter of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

UU. “STRUCTURE” shall mean a combination of materials to form a construction for occupancy,= use or ornamentation whether installed on, above, or below the surface of a par= cel of land. The word “structure” shall also include any build= ing or improvement with a roof.

VV. “SURVEY” shall mean a process of identifying and gathering data on a community’= ;s historic resources. It includes a field survey which is the physical search for and recording of historic resources on the ground, preliminary planning and background research before the field survey begins, organizati= on and presentation of survey data as the survey proceeds, and the development= of inventories.

WW.“SURVEY DATA” shall mean the raw data produced by the survey; that is, all the information gathered on each property and area investigated.

XX. “VIEW” or “PUBLIC VIEW” shall mean the view by the public of a buildin= g, structure, object, or site from any point on a street or walkway which is used as a pu= blic thoroughfare, either vehicular and/or pedestrian.

§233-143. Historic Preservation Commissi= on

A. Establishment; Composition

The Commission shall consist of seven members appointed by the Mayor with the advice and consent of the Council. The seven members of the Historic Preservation Commission shall fall within three classes as follows:

(1) = Class A- a person who is knowledgeable in building de= sign and construction or architectural history.

Class B- a person who is knowledgeable of the local history or has demonstrated interest in local history.

Class C- a citizen of the municipality who shall hold no other municipal office, = position, or employment except for membership on the Planning Board or Zoning Board of Adjustment.

(2) = Class C members are regular members who are not desig= nated as Class A or Class B.

(3) = Class A and Class B members may reside outside the Bo= rough with preference given to residents of the Borough.

(4) = There shall be at least one Class A and at least one = Class B member. Of the regular members a total of at least one less than a majority shall be of Classes A and B.

B. Alternate Members

There shall be two alternate members who shall be appointed by the Mayor with the advice and consent of the Council and shall be designated at the time of the appointment as Alternate no 1 and Alternate no 2. Alternate members shall m= eet the qualifications of Class C members.

C. Terms

Commission Members shall serve for Four (4) year terms, except that of the first membe= rs appointed, one (1) member shall serve a (1) year term, two (2) members shall serve for (2) years and two (2) other members serve for (3) years. All memb= ers at the end of their terms are eligible for appointment to four (4) year terms. The alternate members shall serve two (2) year terms. Initially, Alternate no. 1 shall serve a one (1) year term.&nbs= p;If a Commission member is also a Planning Board or Zoning Board member, the te= rm of office as Commission member is the same length as the other board positi= on. Vacancy occurring otherwise than by expiration of a term shall be filled wi= thin 60 sixty days for the balance of the unexpired term only.=

D. Organization: Officers

(1) = The Historic Preservation Commission shall elect a ch= airman and a vice chairman annually from its members and shall select a secretary = who may or may not be a member of the Historic Preservation Commission or a municipal employee.

(2) = Alternate members may participate in discussions of t= he proceedings. They 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 mad= e as to which alternate member is to vote, Alternate no 1 shall vote.=

E. Funding: Staff

(1) = The borough Council shall make provisions in its budg= et and appropriate funds for the expenses of the Historic Preservation Commission,= but they serve without compensation.

(2) = The Historic Preservation Commission may employ, cont= ract for, and affix the compensation of experts and other staff and services, as= it shall deem necessary within its budget. The Commission shall obtain its leg= al counsel from the municipal attorney at the rate of compensation to be determined by the governing body. Expenditures pursuant to this section sha= ll not exceed, exclusive of gifts or grants, the amount appropriated by the go= verning body for the Commission.

F. Rules And Organization Of The Commission

The Commission shall have the authority to adopt all rules and regulations necessary to carry out its functions under the provisions of this ordinance, including, but not limited to, maintenance of records and procedures subjec= t to the following:

(1) = No commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any business, financial, or personal interest. Mere ownership of and occupation of an historic residence shall not be deemed a personal or financial interest.

(2) = The Commission shall establish a regular schedule of meetings. The Commission shall meet no less than once every month to address the current agenda otherwise the Commission shall meet every two months. Additional meetings may be called by the chairperson or vice chairperson as required to fulfill its obligations to advise the Planning Board or Borough Council.

(3) = All Commission minutes and records as kept and mainta= ined by the Commission’s Secretary, shall be public records and all Commis= sion meetings shall comply with the Open Public Meeting Act (N.J.S.A.10: 4-7,et = seq)

(4) = A member of the Borough Council and a Member of the Planning Board shall be designated as liaison between those bodies and the Commission. The role of such person is only informational.

(5) = The Commission shall adopt written rules for the transaction of its business and for the consideration of Applications for C= ertificates of Appropriateness and for the designation of historic sites and districts.=

(6) = When the Planning Board or Zoning Board of Adjustment refers an Application to the Historic Preservation Commission, then the referring Board shall receive a copy of the report.

(7) = The construction official shall maintain and display = an up to date map showing the historic districts, as well as current listings of Historic sites.

(8) = A member of the Commission may, after public hearing,= if requested, be removed by the governing body for cause.

(9) = Meetings: Quorum

(a) The Historic Preservation Commission shall establish and post in Borough Hall a schedule of meetings and shall post notice of said meetings in accordance w= ith the Open Public Meeting Act (N.J.S.A.10: 4-7,et seq). Regular meetings shal= l be held as scheduled unless cancelled for lack of applications.

(b) Four members shall constitute a Quorum. A majority vote of those present and voting shall prevail and shall be sufficient to grant or deny Certificate of Appropriateness, change an historic site or district designation or to gran= t a demolition permit.

(c) The Historic Preservation Commission shall prepare an annual report to the governing body, which shall be available to the public and placed on file in the Borough hall.

G. Powers and Duties of the Commission.

The power and duties of the Commission shall be as follows:

(1) = To survey buildings, structures, objects, sites, and = districts located within the Borough, and to research and evaluate them for their significance in accordance with the criteria established as set forth in Section 233-144;

(2) = To maintain and expand when appropriate a comprehensi= ve inventory of such buildings, structures, sites, objects and districts which= are worthy of designation under the provisions of this Ordinance;

(3) = To propose to the Borough Council those buildings, structures, objects, sites and districts located within the Borough which it has found to be worthy of landmark designation and hence should be subject = to provisions of this Ordinance. Actual nomination to, a finding of eligibility for, or listing on the National or New Jersey Register of Histo= ric Places is not necessary for the provisions of this Ordinance to take effect once a property has been designated as significant by the Commission; =

(4) = To nominate buildings, structures, objects, sites and districts for the inclusion in the National and/or the New Jersey Registers= of Historic Places;

(5) = To make recommendations to the Planning Board and Bor= ough Council in the preparation and periodic updating of the Historic Preservati= on Element of the Master Plan for the Borough including, but not limited to, t= he addition or deletion of historic sites and districts identified in the Borough’s Master Plan;

(6) = To make recommendations to the Planning Board and Bor= ough Council on the historic preservation implications of any proposed or adopted zoning, or development ordinance(s) or proposed or adopted elements of the Borough’s Master Plan;

(7) = To advise and assist Borough officers, employees, boa= rds, and other bodies including those at the county, state or federal levels on = all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Borough or on the physical character and ambience of any portion of the Borough or region;

(8) = To approve or disapprove applications for Certificate= s of Appropriateness and minor applications pursuant to the provisions of this Ordinance;

(9) = To draft and/or recommend to the Borough Council and = the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this ordinance and the building or zoning regulations of the Borough;=

(10) To advise the Borough Council and the Planning Board on the relative merits or proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects, and sites including t= he preparation of the long range plan; therefore, to advise the Borough Council and Planning Board on securing state, federal, and/or other grants or assistance in support of such projects; and to monitor such projects once u= nder way;

(11) To increase public awareness to the value of historic, architectural, and cult= ural preservation by developing and participating in public information programs= ;

(12) To cooperate with local, county, state, or national historical societies, governmental bodies, and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservat= ion;

(13) To make information available to residents of historic buildings or districts concerning guidelines for rehabilitations and design criteria for new construction established under this Ordinance;

(14) To seek any benefits which may be granted under the National Historic Preserva= tion Act, as amended, or any other state or federal legislation, including, but = not limited to, the benefits which flow to communities under the Certified Local Government Program with regard to training, grant funding, and technical assistance; and, in furtherance thereof, to take any steps necessary to ass= ist the Borough of Norwood in the preparation and submission of any documents needed for certification of the Borough as a Certified Local Government und= er the National Historic Preservation Act.

§233-144. Designation of Buildings, Structures, Objects, Sites and Districts as Historic.=

A. Criteria for Designation.

The Commission shall consider as worthy of designation those buildings, structu= res, objects, sites, and districts that have integrity of location, design, sett= ing, materials, workmanship, feeling, and association, and that meet one or more= of the following criteria:

(1) = That are associated with events that have made a significant contribution to the Borough of Norwood by reflecting or exemplifying the broad cultural, political, economic, or social history of = the Nation, State, or Community;

(2) = That are associated with historic personages importan= t in national, State, or local history;

(3) = That is the site of an historic event which had a significant effect on the development of the Nation, State or Community;

(4) = That embody distinctive characteristics of a type, pe= riod, or method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant distinguishable entity whose components may lack individual distinction;

(5) = That are otherwise of particular historic significanc= e to the Borough of Norwood by reflecting or exemplifying the broad cultural, political, economic or social history of Norwood.

Furthermore, any building, structure, object, site, or district which is listed on the <= st1:State w:st=3D"on">New Jersey or Na= tional Register of Historic Places, has a Determination of Eligibility, Certificat= e of Eligibility or a State Historic Preservation Office Opinion of Eligibility shall be automatically deemed worthy of designation as a historic district = or landmark.. The State Historic Preservation Office, New Jersey State Re= view Board for Historic Sites and the National Park Service are far more qualifi= ed to determine the historic significance of a site, and thus this Commission = will not dispute their findings. Sites or districts which are not deemed eligible for the State or National Register may still be considered for designation as historic based on their local significance to the Borough of Norwood.

B. Procedures for Designation.

Proposals to designate a property as historic pursuant to this Ordinance may be made = by the Borough Council, the Historic Preservation Commission, the Planning Boa= rd, or by the verified (sworn) application of the owner(s) or authorized agent(= s) of the individual property to be designated, or, in the case of a proposed district, by the verified (sworn) application of 10% of the owners of recor= d or persons residing within the district, or by a verified (sworn) application = of any organization with a recognized interest in historic preservation. Throughout the nomination and designation process, the Commission will info= rm and discuss with the owner(s) the process, reasons for, and implications of historic designation so as to ensure the owner’s understanding of and cooperation with the designation. Nominations shall be made in accorda= nce with the following procedures:

(1) = Nomination Proposals. The party proposing proper= ty for designation under this section shall prepare and submit to the Historic Preservation Commission a nomination report for each proposed property, sit= e, or district. For historic district designations, the report shall incl= ude a building-by-building inventory of all properties within the district; photographs of representative properties within the districts; a property m= ap of the district showing boundaries and a physical description and statement= of significance for the district. For individual landmark designations, t= he report shall include one or more photographs; the tax lot and block number = of the property as designated on the official Tax Map of the Borough; and a physical description and statement of significance and proposed utilization= of the site.

(2) = Moratorium on Applications for Alteration or Demoliti= on during Pendency of Designation Action. No applications for a permit to construct, alter or demolish any structure or any feature of a proposed landmark or property located within a proposed landmark district, filed subsequent to the date that a nomination has been filed or a resolution ado= pted to initiate designation of a proposed landmark or landmark district, shall = be approved by the Administrative Officer or other municipal agency, without review by the Historic Preservation Commission of such applications and the granting of a Certificate of Appropriateness. Commission review of such applications shall be conducted as if the property related to such applicat= ions had already been designated as a landmark property or district, and thereby= are subject to the same criteria, standards, and procedures which govern similar applications concerning properties designated as landmarks or properties wi= thin a landmark district. After the expiration of one hundred eighty (180) = days from the date of the initial filing of the designation proposal with the Commission, the permit application may be approved without Commission revie= w in accordance with the relevant provisions of the municipal code of the Borough.

(3) = Notice. The Historic Preservation Commission sha= ll schedule a public hearing on the proposed designation of a landmark or land= mark district. At least twenty (20) days prior to the hearing, the Commissi= on shall by personal service or by certified mail:

(a) Notify the owner(s) of record of a property that has been proposed for designation= , or of a property within a district that has been proposed for designation, that the property is being considered for such designation and the reason theref= or;

(b) Advise the owner(s) of record of the significance and consequences of such designation, and the rights of the owner(s) of record to contest such designation under the provisions of this Ordinance;

(c) Notify the owner(s) of record of the date, time, and location of the hearing concerning the proposed designation of the property; and<= /p>

(d) Serve any notices further required under the provisions of the Municipal Land Use Law.

(4) = Public Notice of Hearing. Public notice of heari= ng shall be given at least twenty (20) days prior to the hearing by publicatio= n in the official newspaper of the Borough. A copy of the nomination report shall also be made available for public inspection in the Borough ClerkR= 17;s Office at least twenty (20) days prior to the hearing.

(5) = Hearing. At a public hearing scheduled in accord= ance with this Ordinance, the Historic Preservation Commission shall review the nomination report and accompanying documents. Interested persons shall= be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation under Subsection (6) of this Ordinance must submit their protest in writing= to the Commission in accordance with the provisions of that Section of this Or= dinance.

(6) = Protests. A protest against landmark designation signed by the owners of record of more than fifty (50%) percent of the properties within a proposed landmark district, or by the owner(s) of recor= d of a proposed landmark, may be filed with the Historic Preservation Commission= ten (10) days prior to the scheduled hearing date of the proposed designation before the Commission. Protests must be in writing, must contain the reason(s) for the protest, and must bear the notarized signatures of the ow= ner(s) joining in such a protest.

(7) = Commission Report. Upon Historic Preservation Commission review and public hearing, the Commission shall forward to the Borough Council its report which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designatio= ns considered at the hearing, including a list and map of properties approved = for designation. Within an Historic District, each building shall be designated as a key, contributing, or noncontributing building.<= /span>

(8) = Referral to the Planning Board. The Borough Coun= cil shall refer the report to the Planning Board, which in turn shall report to= the Borough Council as soon as possible but within sixty (60) days. Failur= e of the Planning Board to transmit its report within the sixty (60) day period provided herein shall relieve the Borough Council of its obligations relati= ng to the referral of such a report to the Planning Board. Borough Council action on a landmark or landmark district designations shall be otherwise s= ubject to those procedures and statutes that apply to a change of a zoning designa= tion and the adoption, revision, or amendment of any development regulation.

(9) = Final Designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for the Planning Board comment on designations pursuant to this Ordinance, the Borough Council shall act upon the proposed designation list= and map, and may approve, reject, or modify by ordinance any designation recomm= endations made by the Planning Board. In the event that the Borough Council vote= s to reject or modify any Planning Board recommendations for a proposed designat= ion, the Borough Council shall record in its minutes the reasons for not followi= ng such recommendation. All action taken by the Borough Council on proposed designations shall become effective upon a favorable vote of a majority of = full membership of the governing body.

(10) Public Notice of Designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to= the municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

(11) Incorporation of Designated Landmarks into Borough Records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the Borough as required by the provisions of t= he Municipal Land Use Law. Designated properties shall also be noted as s= uch on the records for those properties maintained by the offices of the Borough Tax Assessor and the Borough Clerk.

(12) Amendments. Landmark and landmark district designations may be amended in the same manner as they were adopted in accordance with the provisions of this Ordinance.

§233-145. Actions Requiring Review.=

A. Review Required

All permits and development applications involving the development activities t= hat affect a historic landmark or an improvement within a historic district shall be reviewed by the Commission. Such review shall be required for the following actions:

(1) = Demolition of a historic landmark or an improvement w= ithin a historic district.

(2) = Relocation of any structure within a historic distric= t or of any historic landmark.

(3) = All changes in the exterior architectural appearance = of any improvement within a historic district or of any historic landmark by addit= ion, alteration, or replacement.

(4) = Any new construction of an improvement in a historic district.

(5) = Site plans or subdivisions affecting a historic landm= ark or an improvement within a historic district.

(6) = Zoning variances affecting a historic landmark or an = improvement within a historic district.

Within forty-five (45) days of receiving an application for review, the Commission shall submit in writing to the Administrative Officer its recommendation wi= th respect to the application. The report shall include findings and conclusions which are based on evidence in the record. Final determina= tion of the appropriateness of the application shall be made by the Commission, which decision shall be binding on the Administrative Officer.

B. Actions not Requiring Review:

(1) = When a historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health= and safety of its occupants or others. Emergency repairs shall be performed only in accordance with the following procedure:

(a) When a historic landmark or key or contributing historic district resource requi= res immediate repair to preserve its continued habitability and/or the health a= nd safety of its occupants or others, emergency repairs may be performed in accordance with the applicable construction codes immediately upon approval= of the Construction Official, who shall certify that a bona fide emergency of = the type described herein exists, without first obtaining a Certificate of Appropriateness from the Commission. Under such circumstances, the rep= airs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or health and safety of its occupants or others. Where feasible, temporary measures to prevent fur= ther damage shall be used, provided these measures are reversible without damage= to the building or structure.

(b) Simultaneously with the commencement of the emergency work, the property owner shall make = a request for a Certificate of Appropriateness from the Commission memorializing the approval of said emergency work. This request shall be made pursuant to the procedures set forth in this Ordinance.

(c) It should be noted that the procedures outlined in this Section should be stri= ctly limited to those circumstances which, in the opinion of the Construction Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Construct= ion Official and the Commission.

(2) = Changes to the interior of structures.

(3) = For ordinary repairs and maintenance which do not constitute a change to the appearance to the structure. The following = are the only activities which do not require Commission review according to this criteria:

(a) Repair of existing windows and doors using the same material. Installation of storm windows that are compatible with the architectural period or design of the subject structure.

(b) Maintenance and repair of existing roof material, involving no change in the design, sc= ale, material, or appearance of the structure.

(c) Repair of existing roof structures such as dormers and chimneys using the same materials which will not alter the exterior architectural appearance of the structure.

(d) Replacement in kind of existing shingles, clapboards, or other siding maintaining the architectural integrity of the structure.

(e) Maintenance and repair of existing shingles, clapboards or other siding using the same materials that are being repaired or maintained.

(f) Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off street driveway and parking material and sidewalks using the same material for those items noted above being repaired.

(g) Painting of existing painted siding or trim.

C. Informal Review of Concept Plan for Proposed Undertakings.

At the request of the applicants considering action that may require Commission review, the Commission shall grant an informal review of a concept plan for= the proposed undertaking. Neither the applicant nor the Commission shall be bound by any informal review.

§233-146. Standards for Review.

A. General Criteria for Review.

In reviewing an application for its effect on a landmark or a building, struct= ure, or site located within the landmark district, the following criteria shall = be used by the Commission, the Planning Board, the Zoning Board of Adjustment,= the Borough Council and all other officials and agencies of the Borough respons= ible for the administration of this Ordinance. The criteria set forth in th= is subsection relate to all projects affecting landmarks and any buildings, structures, objects, and sites located within landmark districts; and, with regard to such proposed projects, the following factors shall be considered= :

(1) = The impact of the proposed change on the historic, architectural, and/or cultural significance of the landmark or landmark district;

(2) = The importance of the landmark or the building, struc= ture, object, or site to the Nation, State, Region, or Municipality, and the exte= nt to which its historic or architectural interest would be adversely affected= to the detriment of public interest;

(3) = The use of any landmark or landmark district involved= in the proposed change;

(4) = The extent to which the proposed action would adverse= ly affect the public’s view from the street of a landmark, building, structure, object, or site located within a landmark district;

(5) = The impact that the proposed change would have on the architectural or historic significance of the landmark or landmark district= and the visual compatibility of the proposed change with adjacent buildings, st= ructures, objects and sites in accordance with the requirements for design compatibil= ity set forth herein.

(6) = Within an Historic District, key, contributing, and noncontributing buildings will be considered as follows:<= /p>

(a) Key buildings. Any changes, alterations, or modifications, subject to the exclusions in §233-145 (B) above, to a Key building shall be subject to review.

(b) Contributing buildings. Any changes, alterations, or modifications, subject to the exclusions in §233-145 (B) above, to a Contributing building which aff= ect the façade or are visible from the street or other public thoroughfa= re shall be subject to review.

(c) Noncontributing buildings. Only those changes to a Noncontributing building that would impa= ct the visual compatibility with adjacent buildings, structures, objects and s= ites in accordance with the requirements for design compatibility set forth here= in shall be subject to review. These changes include additions, and new construction.

B. Rehabilitation of Existing Buildings, Structures, Obj= ects, and Sites.

In reviewing any application, the Commission shall make its recommendation as = to whether any application should be approved, approved with conditions, or de= nied on the basis of the purposes and the provisions of this Ordinance, and the following standards for review, which are identical to the Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings”. The Standards are to be app= lied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

(1)= A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defin= ing characteristics of the building and its site and environment.

(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

(3) Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

(5) Distinctive features, finishes, and constructi= on techniques or examples of craftsmanship that ch= aracterize a historic property shall be preserved.

(6) Deteriorated historic features shall be repair= ed rather than replaced. Where the severity of deterioration requires replacem= ent of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual quali= ties and, where possible, materials. Replacement of missing features shall= be substantiated by documentary, physical, or pictorial evidence.

(7) Chemical or phys= ical treatments, such as sandblasting, that cause damage to historic materials s= hall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

(8) Significant archeological resources affected by a project shall be protected and preser= ved. If such resources must be disturbed, mitigation measures shall be undertake= n.

(9) New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentia= ted from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

(10) New additions and adjacent or related new construction shall be undertaken in such a manner that if remov= ed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

C. Review Criteria for Demolition.

With regard to applications to demolish a landmark or any Key or Contributing bu= ilding, structure, object, or site located within a landmark district, the following matters shall be considered:

(1) = Its historical, architectural, cultural, and aesthetic significance in relation to the criteria set forth in this Ordinance.<= /o:p>

(2) = Its use, its intended use, and/or the use for which t= he buildings, structure, object, or site was originally designed and the feasibility of the continuation of its designed use.

(3) = Its importance to the Borough and the extent to which= its historical or architectural value is such that its removal would be detrime= ntal to the landmark district and/or to the public interest.

(4) = The extent to which it is of such old, unusual, or un= common design, craftsmanship, texture, or material that it could not be reproduced= or could be reproduced only with great difficulty.

(5) = The extent to which its retention would promote busin= ess, create new positions, attract tourists, students, writers, historians, arti= sts, or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the Borough a more attractive and desirable pl= ace in which to live.

(6) = The probable impact of its removal upon the ambience = of the landmark district.

(7) = The structural soundness and integrity of the buildin= g, structure, object, or site and the economic feasibility for its restoration= or rehabilitation so as to allow for its reasonable use.

(8) = The threat to the public health and safety as a resul= t of deterioration or disrepair of the building, structure, object, or site.

(9) = The technological feasibility of structural rehabilit= ation.

(10) The interference with the charitable purposes of any nonprofit or charitable organization if demolition is not permitted.

D. Criteria Regarding the Relocation of Historic Buildings or Structures.

The following factors shall be considered with regard to an application to move= to a new location or site any landmark or any Key or Contributing building, structure, or object located within a landmark district:<= /p>

(1) = The impact of the loss of integrity suffered as a res= ult of the removal from the original and/or historic location; and, if located wit= hin a historic district, the impact of that loss integrity upon the district as= a whole.

(2) = The reasons for not retaining the landmark or structu= re at its present site.

(3) = The compatibility, nature, and character of the areas adjacent to both the present site and the proposed site as they relate to t= he protection of historic properties and districts as regulated by this Ordina= nce.

(4) = In the event that a proposed new location is in a his= toric district, the impact on the visual compatibility of adjacent buildings, structures, objects or sites as set forth herein.

(5) = The likelihood of significant damage to the physical integrity of the building, structure or object itself.

E. Certificates of Appropriateness.

(1) = When Required

A Certificate of Appropriateness issued by the Commission shall be required before a permit is issued or, before work can commence, for any of the following activities within a historic district(s) or on a historic site de= signated on a zoning map:

(a) Demolition of any building, improvement, site, place, or structure.<= /p>

(b) Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or maintenance. Exte= rior change for all primary and accessory buildings shall include special consideration of character defining features visible from the public right = of way.

(d) Any addition to or new construction of a principal or accessory building or structure.

(2) = When not Required

(a) A Certificate of Appropriateness shall not be required before a permit is iss= ued by the Construction Code Official for changes to the, interior of the struc= ture or which strictly meet the standards for ordinary maintenance and repair as defined in this Ordinance.

(b) The Construction Official shall review all permit applications to determine if = the application proposes work which constitutes ordinary maintenance or repair = as defined in this Ordinance. The Construction Official may issue a permi= t if he/she finds that the work strictly meets the standards for ordinary maintenance and repair as defined in this Ordinance. The Construction Official shall refer the application to the Historic Preservation Commissio= n if he finds that the proposed work does not meet the standards for ordinary maintenance and repair.

F. Where Demolition is Disapproved.

In the event that the Commission disapproves an application for a Certificate = of Appropriateness to demolish a historic building, place or structure, the ow= ner shall, nevertheless, as a matter of right, be entitled to raze or demolish = such a building, place or structure, provided that all of the following requirem= ents have been fully met:

(1) Appeal to the Zoning Board of Adjustment:<= /span>

The owner may opt to appeal the denial of the Certificate of Appropriateness to= the Zoning Board of Adjustment. In the event that the owner appeals the de= nial of the demolition permit, the owner may simultaneously commence marketing t= he property for sale for fair market value as set forth below. Alternativ= ely the owner may opt to await the decision of the Zoning Board of Adjustment.<= o:p>

(2) Sale for Fair Market Value.

The owner has, prior to seeking demolition, for a period of at least one year f= or residential properties and two years for commercial properties, and at a pr= ice reasonably related to its fair market value, made a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person, organization, government or agency thereof or political subdivision which gives reasonable assurance that it is willing to preserve the buildin= g, place or structure and the land pertaining thereto. Market value shall= be determined by an appraiser selected by the Historic Preservation Commission= and at the expense of the owner.

(3) Demolition Notice Posted & Publication.

Notice of proposed demolition shall be posted on the premises of the building, pla= ce or structure throughout the notice period in a location such that it is clearly readable from the street. in addition, the applicant shall pub= lish a notice in the official newspaper of the borough as follows:

(a) Within the first ten (10) days of notice period. Within not less than ten (10) nor more than fifteen (15) days prior to the expiration, of the notice peri= od.

(b) At least once each thirty (30) days between the above first and last notifications.

(4) Notice Period.

The period of time during which notice must be given in the manner set forth in= the preceding subsections shall be known as the “Notice Period” whi= ch shall commence on the tenth day following the date of denial by the Historic Preservation Commission or denial of the appeal by the Zoning Board of Adjustment, if an appeal is made, and such a notice period shall run for a period of time of one year for residential properties and two years for commercial properties.

(5) Historic Building Documentation

The property shall be documented, at the applicant’s expense, in accordance with the standards for the Historic American Buildings Survey, which stand= ards are available from the National Park Service. Two (2) copies of this documentation shall be provided. One shall be retained by the Historic Preservation Commission and the other shall be forwarded to the Library of Congress for inclusion in the Historic American Buildings Survey.

(6) Certificate of Compliance:

The Property owner shall submit a Certificate of Compliance for review and appr= oval by the Historic Preservation Commission to demonstrate that the owner has complied with the requirements of this section.

(7) Assignment.

No assignment of the rights granted by a certificate of approval shall be permitted.=

(8) Expiration of Approval.

(a) In cases where demolition is permitted, the certificate of approval shall be v= alid for one (1) year from the date of the Historic Preservation Commission appr= oval of the application. The one (1) year period shall not be extended.

(b) At the time of issuance of the certificate of approval, the construction offic= ial shall designate the period of time (within the one (1) year approval period) within which demolition must be completed after it is initiated on site.

(9) Approval After Change of Circumstances:

The Commission may at any time during such a notice period, if a significant ch= ange in circumstances occurs, approve a Certificate of Appropriateness to demoli= sh, in which event, a permit shall be issued within ten (10) days thereafter.

§233-147. Design Criteria-New Constructi= on.

In assessing the design of any proposed addition or new construction, the Commission shall consider the following design criteria in conjunction with= the standards of rehabilitation and review criteria set forth above. Also,= the document Design Guidelines for Historic Districts and Sites is inclu= ded herein by reference. New construction should not be incongruous, but be compatible with the character and atmosphere of the site or district. These design criteria shall be used to analyze the appropriateness of new construction in the form of additions and alteration= s to the landmarks or new construction, additions, or alterations to buildings, structures, objects, or sites located within historic districts.=

(1) = Height. The height of the proposed structure sha= ll be visually compatible with adjacent buildings.

(2) = Proportion of Facade. The relationship of the wi= dth of the building to the height of the front elevation shall be visually compati= ble with buildings and places to which it is visually related.

(3) = Proportion of the Openings. The relationship of = the width of windows to the height of windows in a building shall be visually compatible with buildings and places to which it is visually related.<= /o:p>

(4) = Rhythm of Solids. The relationship of solids to = voids in the facade of a building shall be visually compatible with buildings and places to which it is visually related.

(5) = Rhythm of Spacing. The relationship of the build= ing to the open space between it and adjoining buildings shall be visually compati= ble with buildings and places to which it is visually related.

(6) = Rhythm of Entrances. The relationship of entranc= es and porches to the street shall be visually compatible to buildings and places = to which it is visually related.

(7) = Relationship of Materials. The relationship of materials, texture, and tone to the facade and roof of a building shall be visually compatible with the predominant materials used in buildings to whi= ch it is visually related.

(8) = Roof. The roof shape of a building shall be visu= ally compatible with buildings to which it is visually related.

(9) = Continuity of Walls. Walls and open fencing shall maintain visual compatibility with buildings and places to which it is visu= ally related.

(10) Scale. The size of a building mass in relation to open spaces, window and door opening= s, porches and balconies, shall be visually compatible with buildings and plac= es to which it is visually related.

(11) Directional Expression. 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 characte= r.

(12) Exterior Features. A structure’s related exterior features, such as light= ing, fences, 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. New signage shall also abide by any supplemental historic design, graphic standards that may be developed by the Commission for the district.

It is not the intent of the Ordinance to discourage contemporary architectural expression or to encourage new construction which emulates existing buildin= gs or historical architectural interest or of a certain period architectural style, but rather to preserve the integrity and authenticity of a historic preservation district and to ensure the compatibility of new structures therein.

§233-148. Application Procedures

(1) = Applications for Permits.

(a) The Administrative Officer shall, within 5 business days, refer all applications for permits pertaining to regulated activities involving landmarks or any buildings, structures, objects, and sites located within landmark districts= to the Commission for a written report on the application of the Zoning Ordina= nce provisions concerning historic preservation to any of those aspects of the changes proposed which were not determined by approval of an application for development by a municipal agency pursuant to the Municipal Land Use Law.&n= bsp;As the Planning Board and Zoning Board of Adjustment approve only site plans, subdivision plans, use variances and bulk variances, it is presumed that the design aspects of the application have not been approved by said agency and thus are subject to review by the Historic Preservation Commission. A Certificate of Appropriateness (hereinafter “C/A”), issued by t= he Commission in accordance with the procedures of this Ordinance, is required prior to the commencement of any activities involving landmarks or properti= es within landmark districts which are governed by the provisions of this Ordinance.

(b) When the application for permit(s) involves a property determined to have histor= ic significance but has not been designated a landmark nor is located within a landmark district, the Administrative Officer shall forward a copy of the applicatio= n to the Commission. Furthermore, the requested permit(s) shall not be issu= ed until either the Commission determines that a moratorium does not apply, or= the time period allowed by law for the issuance of said permits expires.

(2) = Applications shall be made on forms available in the = office of the Administrative Officer in the Norwood Borough Hall. Completed applications shall be delivered or mailed to the Administrative Office at t= he Norwood Borough Hall or may be submitted directly to the Commission for rev= iew and approval.

(3) = Upon receipt of an application for a Certificate of Appropriateness, the Commission shall schedule a hearing for the purpose of reviewing said application, and shall advise the applicant(s) in writing of= the time, date, and place of said hearing.

(4) = Applications shall include a completed application fo= rm which contains a precise written description of the proposed work or activi= ty and any of the following as may be required by the Commission:

(a) Photographs of the existing structure or lot;

(b) Scaled drawings showing site plan layout, facade elevations, and specifications for materials;

(c) For new construction applications, a street scape elevation drawn to scale, sho= wing the new structure in the context of neighboring buildings, structures and sites;

(d) For large projects, working drawings;

(e) The Commission may require the submission of additional information reasonably necessary to reach an informed decision on the application.

§233-149. Commission Review of Applicati= ons for Permits.

A. Major Applications

(1) = The Commission shall review applications for a Certif= icate of Appropriateness at a public hearing. The applicant(s) shall not be required to appear or to be represented at any meeting of the Commission at which the Commission will consider his or her (their) application for a Certificate of Appropriateness, regardless of the ultimate findings and a report of the Commission.

(2) = As soon as practicable but no later than forty-five (= 45) days after the Administrative Officer has referred the application to the C= ommission, the Commission shall return to the Administrative Officer its written report recommending granting or denying the application which report may be stated= in resolution form. The Commission shall file a second report with the Planning Board within ten (10) days of the Commission’s decision on t= he application.

(3) = Appeals from determinations of the Construction Offic= ial pursuant to referral to the Historic Preservation Commission may be made by= the applicant to the Zoning Board of Adjustment, according to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judic= ial review of the action after an appeal is concluded by the Zoning Board of Adjustment. The appellant shall pay all costs for copies of any transcript(s) required for appeal.

(4) = The owner shall post the Certificate of Appropriatene= ss on a conspicuous spot on the site visible to the public during the entire proc= ess of work.

(5) = Issuance of an approval of a permit shall be deemed t= o be final approval pursuant to this Article. Such approval shall neither c= ause nor prevent the filing of any collateral application. The denial of a permit shall be deemed to preclude the applicant from undertaking the activ= ity applied for.

(6) = When a Certificate of Appropriateness has been issued= , the Administrative Officer or his appointee shall, from time to time, inspect t= he work approved by such Certificate and shall regularly report to the Commiss= ion the results of such inspections, listing all work inspected and reporting a= ny work not in accordance with such Certificate.

(7) = Except as hereafter provided, a Certificate of Appropriateness shall be valid for a period of two (2) years from date of i= ssue unless reasonable extensions are requested by the applicant or the Commission. In cases where demolition is permitted, the Certificate of Appropriateness shall be valid for one (1) year from the date of the Histor= ic Preservation Commission approval of the application. This one (1) year period shall not be extended.

&n= bsp; = ;

B. Minor Applications

The Chairman of the Historic Preservation Commission, or a committee of commissioners appointed by him/her and acting on his/her behalf, may review= applications for minor work, without holding a public hearing. If the Chairman finds the application appropriate, he/she may act in place of the full Commission= and issue a certificate for minor work to the Construction Official, who may th= en issue a building permit. If the chairman does not find the application appropriate, the application should be scheduled for a public hearing before the full Commission.

C. Assignment

No assignment of the rights granted by a Certificate of Appropriateness shall = be permitted.

§233-150. Development in Historic Zoning Districts or Sites; Informational Copies of applications from Planning Boar= d or Zoning Board of Adjustment. [N.J.S.A. 40:55D-110]

The Planning Board and Zoning Board of Adjustment shall refer to the Commission every application 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. The referral s= hall be made when the application for development is deemed complete or is sched= uled for a hearing, whichever occurs sooner. Failure to refer the applicati= on as required shall not invalidate any hearing or proceeding. The Commis= sion may provide its advice, which shall be conveyed through its delegated membe= rs or staff, who shall testify orally at the hearing and explain any written report which may have been submitted by the Commission regarding the applic= ation. The Commission shall make available to the applicant a copy of its written repo= rt concerning said application for development.

The Historic Preservation Commission reserves the right to review the actual building plans and architect’s renderings prior to the issuance of any building permits. Such plans cannot be assumed to be deemed compatible with the Design Criteria (section §233-147 above) by the Planning Board or Zoning Board of Adjustment.

§233-151. Violations; Enforcement.<= /o:p>

A. Violations-Defined:

Any person violating any of the provisions of this ordinance shall, upon convic= tion thereof, be subject to the penalties herein. A separate offense shall = be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake an activity without approvals require by this Ordinance shall be deemed to be in violation hereof.

B. Notice of Violations:

Upon learning of the violation, the Administrative Officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner ten (10) days to ab= ate the violation by restoring the building, structure, or site to its condition prior to the violation. If the owner cannot personally be served within the Borough with said notice, a copy shall be posted on the property and a = copy shall be sent to the owner at his or her last known address.

C. Injunctive Relief:

In the event that the violation is not abated within ten (10) days of service = or posting on site, whichever is earlier, the Administrative Office shall caus= e 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 site, or to prevent any illegal a= ct, conduct, business, or use in or about such premises as follows:<= /span>

(1) = If any person shall undertake any activity requiring = permit and report of the Commission 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 affected premises pending such approval. If the work is denied, he or she shall immediately restore t= he building, structure, object, or site to its condition prior to any such activity. The Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Co= urt, not less than ten (10) days after the delivery of notice pursuant to Subsec= tion B hereof.

(2) = In the event of the threat of imminent action for whi= ch the necessary approvals have not been granted, and which action would permanent= ly and adversely change a landmark or any building, structure, object, or site located within a landmark district, the Administrative Office is empowered = to apply to the Superior Court of New Jersey for injunctive relief as is neces= sary to prevent such actions.

D. Penalties:

In addition to the remedies provided above, a person convicted of a violation = of this Ordinance before a court of competent jurisdiction shall be subject to penalties as follows:

(1) = For each day up to ten (10) days, not more than One H= undred Dollars ($100.00) per day.

(2) = For each day between eleven (11) and twenty-five (25)= days, not more than Two Hundred Fifty Dollars ($250.00) per day.

(3) = For each day beyond twenty-five (25) days, not more t= han Five Hundred Dollars ($500.00) per day.

(4) = For each day beyond twenty-five days, a jail term, no= t to exceed ninety (90) days may be imposed.

§233-152. Preventative Maintenance; Violations.

A. Priority:

Recognizing the need for preventive maintenance to insure the continued useful life of historic buildings, structures, objects, and sites, the Borough Council her= eby declares that code enforcement for such designated properties is a high municipal priority.

B. Notice of Violation:

In the event that any landmark or any building, structure, object, or site located within a landmark district deteriorates to the point that in the best estim= ate of the Administrative Officer, the cost of correcting the outstanding code violations equals more than ten percent (10%) of the cost of replacing the entire building, structure, object, or site on which the violation occurs, = the Administrative Officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement, and the replacement costs of = the improvements, and stating that if the owner does not take all necessary remedial action within sixty (60) days, or such extensions as the Administrative Officer shall grant for good cause, the Borough of Norwood’s designated official may, at the expiration of said sixty (6= 0) days enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.

C. Hearing:

Upon receipt of such notice, the owner may within twenty (20) days after such receipt notify the Administrative Officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. S= uch a hearing shall be conducted by the Commission and shall, so far as possibl= e, be a formal adversary proceeding in which the Administrative Officer shall establish matters alleged in the notice by the preponderance of the evidence. If a hearing is requested, the Administrative Officer will within ten (10) days following the hearing serve on the owner an opinion in writing setting forth his or her conclusions and the reasons therefor.=

D. Action Without a Hearing:

If the owner does not request a hearing, the findings of the Administrative Of= ficer set forth in the notice issued in subsection B herein shall be binding, and= the Administrative Officer may take such necessary action as granted by the provisions of this Ordinance.

E. Right of Abatement:

If the owner does not comply with the findings of the Administrative Officer, = the Administrative Officer may enter onto the premises and by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

F. Costs:

The Administrative Officer shall then certify to the Borough Council the cost of such work performed plus all administrative, clerical and legal costs and overhead attributable thereto and shall present the same to the Borough Council.

G. Lien:

The Borough Council may by resolution vote to cause the sum so certified to bec= ome a lien upon the property, payable with the next quarter’s property ta= xes, and, if not then paid, bearing interest at the same rate as delinquent taxe= s.

§233-153. Municipal Responsibility.=

It shall be the duty of all municipal officials of the Borough of Norwood reviewing = all permit applications involving any real property or improvements thereon to determine whether such application involved any activity which should also = be the subject of an application for a permit, and if it should be to inform, = the Secretary of the Commission, the Administrative Officer, and the applicant = of the same.

Section 2. This Ordinance shall be liberally construed in order to effect the purposes set forth herein. In the event that this Ordinance conflicts = with State law, State law shall take precedence.

Section 3. &nbs= p; In the event that any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limit= ed in its effect to only that portion of the Ordinance actually adjudged inval= id and shall not be deemed to affect the operation of any other portion hereof= .

Section 4. The effective date of this Ordinance shall be twenty (20) days from = the date of adoption.

Section 5. &nbs= p; All ordinances and parts of ordinances in conflict with or inconsistent with th= is ordinance are hereby repealed, but only to the extent of such conflict or inconsistency.

Introduced: _________________________

Passed and Approved:_________________

____________________________________

Michael Kaplan, Mayor

ATTEST:

___________________________________

Lorraine McMacken, Borough Clerk