The provisions of this Ordinance are intended to effect and accompli= sh the protection, enhancement, and perpetuation of especi

BOROUGH = OF NORWOOD

ORDINANC= E NO. 05:29

AN ORDINANCE REGULATING HISTORIC PRESERVATION AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION OF THE BOROUGH OF NORWOOD, COUNTY OF BERGEN, AND STATE OF NEW JE= RSEY

Whereas, the histori= cal, 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 charact= er and quality of life in the Borough depends 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 resourc= es 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 believe that the creation of an “Historic Preservation Commission,” and the establishment of certain regulations governing the designation, establishment, preservation and regulation of Historic Landmarks and Historic Districts within the Borough will greatly assist in achieving this goal, and will serve to enhance the general welfar= e of the citizens of Norwood.

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

Sect= ion 1. Chapter 233 of the Code of the Borough is hereby amended. A new article, Article XVIII entit= led “Historic Preservation”, is added which shall read as follows:<= /p>

&n= bsp;

§233-140. = Short Title.

This Ordinance shall be known by and maybe referred to= by this short title of “The Historic Preservation Ordinance of the Borou= gh of Norwood.”

§233-141. = Purposes.

The provisions of this Ordinance are intended to effec= t and accomplish the protection, enhancement, and perpetuation of especially noteworthy examples and elements of the Borough’s environment in orde= r:

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

B.&n= bsp; To identify, designate, and regulate Historic Landm= arks and Historic Districts in order to preserve their historical significance;<= /p>

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

D.&n= bsp; To promote the economic welfare of the Borough thro= ugh the preservation of its historic sites and landscapes

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

F.&n= bsp; To foster civic pride in the history and architectu= re of the Borough;

G.&n= bsp; To promote appreciation of Historic Landmarks and Historic Districts for the education, pleasure and welfare of the local population;

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

I.&n= bsp; To manage change within Historic Districts and Hist= oric Landmarks by encouraging sensitive and appropriate alteration or new construction to ensure compatibility with the existing environment;

J.&n= bsp; Preventing alteration or new construction not in keeping with any historic district or historic landmark;

K.&n= bsp; To discourage the unnecessary demolition of historic resources;

L.&n= bsp; To enhance the visual and aesthetic character, diversity, continuity, and interest in the Borough and its neighborhoods;

M.&n= bsp; To encourage beautification and private reinvestmen= t in Historic Landmarks and Historic Districts, and surrounding properties;

N.&n= bsp; To recognize the importance of Historic Landmarks a= nd Historic Districts by urging 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 use= d 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.<= /p>

A.&n= bsp; "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 buildi= ng size, floor area, or height.

B.&n= bsp; "ADMINISTRATIVE OFFICER" means the Construction Code Offici= al.

C.&n= bsp; "ALTERATION" means any change in the exterior architectural features of a designated historic site, which is not an addit= ion.

D.&n= bsp; "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 Commission hereunder specified.

E.&n= bsp; "APPLICATION FOR DEVELOPMENT" means the application to the Plann= ing Board of the Borough, for approval of a major or minor subdivision plat, si= te plan, planned development, conditional use, zoning variance, or the directi= on 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.&n= bsp; “ASSIGNMENT” means the transfer of a right, permit or approval to another party, frequently in conjunction with the transfer of ownership of property.

G.&n= bsp; "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 house.

H.&n= bsp; “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.&n= bsp; "CERTIFICATE OF APPROPRIATENESS" means that document issued b= y the Historic Preservation Commission indicating permission to commence work on = any structure located within the historic district or a designated historic sit= e.

J.&n= bsp; "COMMISSION" means the Historic Preservat= ion Commission established pursuant to the provisions of this Ordinance.

K.&n= bsp; "CONSTRUCTION OFFICIAL" means the officer in charge = of the granting of the building or construction permits in the Borough.

L.&n= bsp; “CONTRIBUTING BUILDING” means a building, site, stru= cture, or object that adds to the historic or architectural qualities, historic associations or archaeological values for which a property or district is significant.

M.&n= bsp; "DEMOLITION" means partial or total razin= g or destruction of any historic site or of any improvement within an historic district.

N.&n= bsp; "DESIGNATED PROPERTY OR DISTRICT" means an individual building, structure, site, object, or district which has been designated as having historical, architectural, cultural, aesthetic, or other significance pursu= ant to the provision of this Ordinance.

O.&n= bsp; "DEVELOPMENT" means the division of a parc= el of land into two or more parcels, construction, reconstruction, conversion, structural alterations, relocation or enlargement 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 the Municipal Land Use Law= .

P.&n= bsp; "DISTRICT" means "HISTORIC DISTRICT” as defined herein.

Q.&n= bsp; "EVALUATION" means the process of determi= ning whether identified properties meet defined criteria of historical, architec= tural, archeological, or cultural significance.&n= bsp;

R.&n= bsp; "HISTORIC DISTRICT" means a geographic area with disti= nctly 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 compone= nt buildings and sites: and

(2) = has b= een designated as having historical, archeological, cultural, scenic, architect= ural or other significance pursuant to the provisions of this Ordinance.

S.&n= bsp; "HISTORIC RESOURCE" means any prehistoric or his= toric district, site, building, structure, or object included in the Borough Hist= oric Sites Survey, or eligible for inclusion in the National Register (of Histor= ic Places); such term includes artifacts, records, and remains which are relat= ed to such a district, site, building, structure, or object.

T.&n= bsp; "HISTORIC SITE" means any real property, man= made structure, natural object or configuration, or any portion or group of the foregoing, which have been formally identified in the Master Plan as being = of historical, archeological, cultural, scenic or architectural significance.<= /p>

U.&n= bsp; “HOMEOWNER” means a private individual or individuals who are owners of a residential property. This term does not apply to commer= cial or business entities, nor to owners of properties operated as a business. However, when a residential proper= ty 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.&n= bsp; "IMPROVEMENTS' means any structure or any part th= ereof installed upon real property by human endeavor and intended to be kept at t= he location or such construction or installation for a period of not less than= one hundred twenty (120) continuous days.

W.&n= bsp; "INTEGRITY' means the authenticity of the historic identity of a building, structure, site, object, or district evide= nced by the survival of the physical characteristics that existed during it's historic or prehistoric period.

X.&n= bsp; "INTERESTED PARTY" means any person whose right= to use, acquire or enjoy property is affected by any action taken under this Ordinance or whose rights to use, acquire, or enjoy under any other law of = this State or the United States have been denied, violated or infringed by an ac= tion or failure to act under this Ordinance.

Y.&n= bsp; “KEY BUILDING” means a building, site, stru= cture, or object that is of particular significance and is a defining element of t= he historic or architectural qualities, historic associations, or archaeologic= al values for which a property or district is significant. A key building is most likely elig= ible for the New Jersey and/or National Registers of Historic Places in its own right.

Z.&n= bsp; "LANDMARK" means a building, structure , 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.

<= span style=3D'mso-list:Ignore'>AA.&= nbsp; "LANDMARK DISTRICT" means "HISTORIC DISTRICT” as defined herein.:

<= span style=3D'mso-list:Ignore'>BB.&= nbsp; "MASTER PLAN" means the Master Plan 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; = ;

<= span style=3D'mso-list:Ignore'>CC.&= nbsp; "MINOR APPLICATION" means any application for Certificate of Appropriateness whi= ch:

(1)&= nbsp; does not involve demolition, relocation, or removal= of a historic site;

(2)&= nbsp; does not involve an addition to an individual prope= rty or a property in a historic district or new construction in a historic district;

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

<= span style=3D'mso-list:Ignore'>DD.&= nbsp; "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.

<= span style=3D'mso-list:Ignore'>EE.&= nbsp; "NATIONAL REGISTER CRITERIA" means the established criter= ia for evaluating the eligibility of properties for inclusion in the National Regi= ster of Historic Places.

<= span style=3D'mso-list:Ignore'>FF.&= nbsp; "NON-CONTRIBUTING BUILDINGS" means a building, site, stru= cture, 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 period of significance; = due to alterations, disturbances, additions, or other changes it no longer possesses historic integrity reflecting it's character at that time or is incapable of yielding important information about the period.

<= span style=3D'mso-list:Ignore'>GG.&= nbsp; "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.

<= span style=3D'mso-list:Ignore'>HH.&= nbsp; "ORDINANCE" means a legislative act of t= he governing body of a municipality adopted in accordance with statutory requirements as to notice, publicity, and public hearing as required by law= .

<= span style=3D'mso-list:Ignore'>II.&= nbsp; "ORDINARY MAINTENANCE AND REPAIR" means the repair of any deterioration, wear, or damage 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, usi= ng the same materials and workmanship and having the same appearance.

<= span style=3D'mso-list:Ignore'>JJ.&= nbsp; "OWNER"&= nbsp; means any person having a right, title, or interest in any property = so as to be legally entitled, upon obtaining such permits and other authorizat= ions as maybe required pursuant to law, to perform construction, alterations, removal, demolition, or other work with respect to such property.

<= span style=3D'mso-list:Ignore'>KK.&= nbsp; “PERMIT” shall mean any required approval for exterior work to any improvement or property in a historic district or on a historic site.&n= bsp; 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 involves exterior changes to the structure or the property on which it is located.

<= span style=3D'mso-list:Ignore'>LL.&= nbsp; “PRESERVATION” shall mean the act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form of vegetative co= ver of a site. It may include ini= tial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. =

<= span style=3D'mso-list:Ignore'>MM.&= nbsp; “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.=

<= span style=3D'mso-list:Ignore'>NN.&= nbsp; “RECONSTRUCTION” shall = mean the act or process of reproducing by new construction the exact same form a= nd detail of a vanished or non-surviving building, structure, or object, or any part thereof, as it appeared at a specific period of time when documentary = and visible evidence is available to permit accurate reconstruction.

<= span style=3D'mso-list:Ignore'>OO.&= nbsp; “REHABILITATION” shall = mean the act or process of returning a property to its state of utility through repair or alteration which makes possible an efficient contemporary use whi= le preserving those portions or features of the property which are significant= to its historical, architectural and cultural values.

<= span style=3D'mso-list:Ignore'>PP.&= nbsp; “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.

<= span style=3D'mso-list:Ignore'>QQ.&= nbsp; “RESTORATION” shall mean the act or pro= cess 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 lat= er work or by the replacement of missing earlier work.

<= span style=3D'mso-list:Ignore'>RR.&= nbsp; “SECRETARY OF THE INTERIOR= 217;S STANDARDS” means The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68).

<= span style=3D'mso-list:Ignore'>SS.&= nbsp; “SITE” shall mean any r= eal property, whether public or private, with or without improvements, which is= the location of a significant event or series of events, a prehistoric or histo= ric 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 archit= ectural significance pursuant to the provisions of this Ordinance

<= span style=3D'mso-list:Ignore'>TT.&= nbsp; “STREETSCAPE” shall mean the visual character 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.

<= span style=3D'mso-list:Ignore'>UU.&= nbsp; “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 parcel of land. The word “structure” s= hall also include any building or improvement with a roof.

<= span style=3D'mso-list:Ignore'>VV.&= nbsp; “SURVEY” shall mean a process of identifying and gathering data on a community’s historic resources. It includes a field survey which i= s the physical search for and recording of historic resources on the ground, preliminary planning and background research before the field survey begins, organization and presentation of survey data as the survey proceeds, and the development of inventories.

<= span style=3D'mso-list:Ignore'>WW. = “SURVEY DATA” shall mean the raw data produced by the survey; that is, all the information gathered on each property and area investigated.

<= span style=3D'mso-list:Ignore'>XX.&= nbsp; “VIEW” or “PUBLIC VIEW” sha= ll mean the view by the public of a building, structure, object, or site from = any point on a street or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.

§233-143. = Historic Preservation Commission

= A.&n= bsp; Establishment; Composition

The Commission shall consist of seven members appointe= d 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)&= nbsp; Class A- a person who is knowledgeable in building design and construction or architectural history.
Class B- a person who is knowledgeable of the local history or has demonstr= ated 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)&= nbsp; Class C members are regular members who are not designated as Class A or Class B.

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

(4)&= nbsp; 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.<= span style=3D'font:7.0pt "Times New Roman"'> Alternate Members

There shall be two alternate members who shall be appo= inted by the Mayor with the advice and consent of the Council and shall be design= ated at the time of the appointment as Alternate no 1 and Alternate no 2. Altern= ate members shall meet the qualifications of Class C members.

C.<= span style=3D'font:7.0pt "Times New Roman"'> Terms

Commission Members shall serve for Four (4) year terms, except that of the first members appointed, one (1) member shall serve a (1) year term, two (2) members shall serve for (2) years and two (2) other memb= ers serve for (3) years. All members 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 s= erve a one (1) year term. If a Commi= ssion member is also a Planning Board or Zoning Board member, the term of office = as Commission member is the same length as the other board position. Vacancy occurring otherwise than by expiration of a term shall be filled within 60 sixty days for the balance of the unexpired term only.

D.<= span style=3D'font:7.0pt "Times New Roman"'> Organization: Officers

(1)&= nbsp; The Historic Preservation Commission shall elect a chairman 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)&= nbsp; Alternate members may participate in discussions of= the 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.<= span style=3D'font:7.0pt "Times New Roman"'> Funding: Staff

(1)&= nbsp; The borough Council shall make provisions in its bu= dget and appropriate funds for the expenses of the Historic Preservation Commiss= ion, but they serve without compensation.

(2)&= nbsp; The Historic Preservation Commission may employ, contract 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 legal counsel from the municipal attorney at the rate of compensation to be determined by the governing body. Expenditures pursuant = to this section shall not exceed, exclusive of gifts or grants, the amount app= ropriated by the governing body for the Commission.

F.<= span style=3D'font:7.0pt "Times New Roman"'> Rules And Organization Of The Commission

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

(1)&= nbsp; No commission member shall be permitted to act on a= ny 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)&= nbsp; 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)&= nbsp; All Commission minutes and records as kept and maintained by the Commission’s Secretary, shall be public records and= all Commission meetings shall comply with the Open Public Meeting Act (N.J.S.A.= 10: 4-7,et seq)

(4)&= nbsp; 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)&= nbsp; The Commission shall adopt written rules for the transaction of its business and for the consideration of Applications for Certificates of Appropriateness and for the designation of historic sites a= nd districts.

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

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

(8)&= nbsp; A member of the Commission may, after public hearin= g, if requested, be removed by the governing body for cause.

(9) = Meetings: Quorum

The Historic Preservation Commission shall establish and p= ost in Borough Hall a schedule of meetings and shall post notice of said meetings = in accordance with the Open Public Meeting Act (N.J.S.A.10: 4-7,et seq). Regul= ar meetings shall be held as scheduled unless cancelled for lack of applicatio= ns.

Four members shall constitute a Quorum. A majority vote of those present a= nd 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.

The Historic Preservation Commission shall prepare an annu= al report to the governing body, which shall be available to the public and pl= aced on file in the Borough hall.

G.<= span style=3D'font:7.0pt "Times New Roman"'> Powers and Duties of the Commission.

The power and duties of t= he Commission shall be as follows:

(1)&= nbsp; 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)&= nbsp; To maintain and expand when appropriate a comprehen= sive inventory of such buildings, structures, sites, objects and districts which= are worthy of designation under the provisions of this Ordinance;

(3)&= nbsp; 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 Historic Places is not necessary for the provisions of this Ordinance to take effect once a property has been design= ated as significant by the Commission;

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

(5)&= nbsp; To make recommendations to the Planning Board and Borough Council in the preparation and periodic updating of the Historic Preservation Element of the Master Plan for the Borough including, but not limited to, the addition or deletion of historic sites and districts identi= fied in the Borough’s Master Plan;

(6)&= nbsp; To make recommendations to the Planning Board and Borough 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)&= nbsp; To advise and assist Borough officers, employees, boards, and other bodies including those at the county, state or federal le= vels 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)&= nbsp; To approve or disapprove applications for Certifica= tes of Appropriateness and minor applications pursuant to the provisions of this Ordinance;

(9)&= nbsp; To draft and/or recommend to the Borough Council and the Planning Board ordinances or amendments to existing ordinances that wou= ld 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 Boar= d on the relative merits or proposals involving the use of public funds to resto= re, preserve and protect historic buildings, structures, objects, and sites including the 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 su= ch projects; and to monitor such projects once under way;

(11)= To increase public awareness to the value of histor= ic, architectural, and cultural 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 preservation;

(13)= To make information available to residents of histo= ric 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 Preservation Act, as amended, or any other state or feder= al 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 ther= eof, to take any steps necessary to assist the Borough of Norwood in the prepara= tion and submission of any documents needed for certification of the Borough as a Certified Local Government under the National Historic Preservation Act.

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

= A.&n= bsp; Criteria for Designation.

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

(1)&= nbsp; 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 import= ant 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, period, or method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant distinguishab= le entity whose components may lack individual distinction;

(5) = That are otherwise of particular historic significa= nce 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 New Jersey or National Register of Historic Places, h= as a Determination of Eligibility, Certificate of Eligibility or a State Historic Preservation Office Opinion of Eligibility shall be automatically deemed wo= rthy of designation as a historic district or landmark.. The State Historic Preservation Of= fice, New Jersey State Review Board for Historic Sites and the National Park Service are far more qualifie= d to determine the historic significance of a site, and thus this Commission will not dispute their findings. S= ites or districts which are not deemed eligible for the State or National Regist= er may still be considered for designation as historic based on their local si= gnificance to the Borough of Norwood.

B.<= span style=3D'font:7.0pt "Times New Roman"'> 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 Board, or by the verified (sworn) application of t= he 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 record 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, t= he Commission will inform and discuss with the homeowner(s) the process, reaso= ns for, and implications of historic designation so as to ensure the homeowner= ’s understanding of and cooperation with the designation and to obtain the homeowner’s consent to the historic designation (“opt-in”). Nomin= ations shall be made in accordance with the following procedures

(1)&= nbsp; Nomination Proposals. The party proposing property for designation under this section shall prepare and sub= mit to the Historic Preservation Commission a nomination report for each propos= ed property, site, or district. = For historic district designations, the report shall include a building-by-buil= ding inventory of all properties within the district; photographs of representat= ive properties within the districts; a property map of the district showing boundaries and a physical description and statement of significance for the district. For individual land= mark designations, the 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 propo= sed utilization of the site.

(2)&= nbsp; Moratoriu= m on Applications for Alteration or Demolition during Pendency of Designation Action. No application= s 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 an application has been filed or a resolu= tion adopted 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 applicat= ions shall be conducted as if the property related to such applications had alre= ady been designated as a landmark property or district, and thereby are subject= to the same criteria, standards, and procedures which govern similar applicati= ons concerning properties designated as landmarks or properties within a landma= rk district. After the expiratio= n 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 review in accordance with the relevant provisio= ns of the municipal code of the Borough.

(3)&= nbsp; Notice. The Historic Preservation Commissi= on shall schedule a public hearing on the proposed designation of a landmark or landmark district. At least t= wenty (20) days prior to the hearing, the Commission shall by personal service or= by certified mail:

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 therefor;

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;

Notify the owner(s) of record of the date, time, and locat= ion of the hearing concerning the proposed designation of the property; and

Serve any notices further required under the provisions of= the Municipal Land Use Law.

(4)&= nbsp; Public No= tice of Hearing. Public not= ice of hearing shall be given at least twenty (20) days prior to the hearing by publication in the official newspaper of the Borough. A copy of the nomination report sh= all also be made available for public inspection in the Borough Clerk’s Office at least twenty (20) days prior to the hearing.

(5)&= nbsp; Hearing.<= /span> At a public hearing scheduled= in accordance with this Ordinance, the Historic Preservation Commission shall review the nomination report and accompanying documents. Interested persons shall be entitl= ed 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 accorda= nce with the provisions of that Section of this Ordinance.

(6) = Protests,= Voluntary “Opt-Out.” A prot= est against landmark designation signed by the owners of record of more than fi= fty (50%) percent of the properties within a proposed landmark district, or by = the owner(s) of record 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 signatur= es of the owner(s) joining in such a protest. A private homeowner(s) may, after filing a protest, request in writing that the subject property not be designated as a Historic Landmark. Such request may be made at any time prior to the final designation = by the Borough Council as per Subsection (9) below. If a homeowner does not “opt-in” the property shall be treated the same as those for wh= ich an opt-out has been requested. This opt-out applies only to homes owned by private homeowners. It does not apply to commercial properties, properties operated as a business, or properties owned by commercial or business entities.

Designation. If a property for which a opt-out is requested is found to be historic, it will = not be designated as an Historic Landmark.&nbs= p; If the property is within the bounds of an Historic District, it wil= l be considered to be not included within the district. The historic significance of the property shall be noted in the Commission’s report to the Borough Council. The property shall a= lso be recommended to the Planning Board for inclusion in the list of historic sit= es in the Master Plan.

Change of Ownership. Upon the change of ownership of a property that was the subject of an opt-out and was determined to have historic significance, the nomination for said property shall be considered as resubmitted to the Commission. The Historic Preservation Commissi= on, at its discretion, may decide whether to reconsider the historic status of said property. Upon proper notification per Subsections (3) and (4) above, a public hearing shall be h= eld as designated in

Subsection (5) above. The Moratorium period described in Subsection (2) above shall apply beginning on the date of the change of ownership unless or until the Commission shall decide not to reconsider the historic status of said property.

(6)&= nbsp; Commission Report. Upon Historic Preservation Commission review and public hearing, the Commission shall for= ward 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 Histor= ic District, each building shall be designated as a key, contributing, or noncontributing building.

(7)&= nbsp; Referral = to the Planning Board. The Bo= rough Council 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. Failure of the Planning= Board to transmit its report within the sixty (60) day period provided herein sha= ll relieve the Borough Council of its obligations relating to the referral of = such a report to the Planning Board. Borough Council action on a landmark or landmark district designatio= ns shall be otherwise subject to those procedures and statutes that apply to a change of a zoning designation and the adoption, revision, or amendment of = any development regulation.

(8)&= nbsp; 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 designat= ions pursuant to this Ordinance, the Borough Council shall act upon the proposed designation list and map, and may approve, reject, or modify by ordinance a= ny designation recommendations made by the Planning Board. In the event that the Borough Coun= cil votes to reject or modify any Planning Board recommendations for a proposed designation, the Borough Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Borough Council on proposed designations sha= ll become effective upon a favorable vote of a majority of full membership of = the governing body.

(9)&= nbsp; Public No= tice 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 develop= ment applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

(10)= Incorpora= tion of Designated Landmarks into Borough Records. Upon adoption, the designat= ion list and map shall be incorporated by reference into the Master Plan and Zo= ning Ordinance of the Borough as required by the provisions of the Municipal Land Use Law. Designated propertie= s shall also be noted as such on the records for those properties maintained by the offices of the Borough Tax Assessor and the Borough Clerk.

(11)= Amendment= s. Landmark and landmark district designations may be amended in the same manner as they were adopted in acco= rdance with the provisions of this Ordinance.

§233-145. = Actions Requiring Review.

= A.&n= bsp; Review Required

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

(1)&= nbsp; Demolition of a historic landmark or an improvement within a historic district.

(2)&= nbsp; Relocation of any structure within a historic distr= ict or of any historic landmark.

(3)&= nbsp; All changes in the exterior architectural appearanc= e of any improvement within a historic district or of any historic landmark by addition, alteration, or replacement.

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

(5)&= nbsp; Site plans or subdivisions affecting a historic landmark or an improvement within a historic district.

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

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

B.<= span style=3D'font:7.0pt "Times New Roman"'> Actions not Requiring Review:

(1)&= nbsp; When a historic landmark requires immediate emergen= cy 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:

When a historic landmark or key or contributing historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emerg= ency repairs may be performed in accordance with the applicable construction cod= es immediately upon approval of the Construction Official, who shall certify t= hat a bona fide emergency of the type described herein exists, without first obtaining a Certificate of Appropriateness from the Commission. Under such circumstances, the repa= irs 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 further damage shall be used, provi= ded these measures are reversible without damage to the building or structure.<= /p>

Simultaneously with the commencement of the emergency work= , the property owner shall make a request for a Certificate of Appropriateness fr= om the Commission memorializing the approval of said emergency work. This request shall be made pursuan= t to the procedures set forth in this Ordinance.

It should be noted that the procedures outlined in this Se= ction should be strictly limited to those circumstances which, in the opinion of = the Construction Official, rise to the level of a bona fide emergency of the ty= pe referenced above. No work in addition to the

emergency repairs shall be performed until an appropriate request for approval has been granted by the Construction 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 activit= ies which do not require Commission review according to this criteria:

Repair of existing windows and doors using the same material. Installation of sto= rm windows that are compatible with the architectural period or design of the subject structure.

Maintenance and repair of existing roof material, involvin= g no change in the design, scale, material, or appearance of the structure.

Repair of existing roof structures such as dormers and chi= mneys using the same materials which will not alter the exterior architectural appearance of the structure.

Replacement in kind of existing shingles, clapboards, or o= ther siding maintaining the architectural integrity of the structure.

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

Repairs to existing signs, shutters, outdoor displays, fen= ces, hedges, street furniture, awnings, off street driveway and parking material= and sidewalks using the same material for those items noted above being repaire= d.

Painting of existing painted siding or trim.

C.<= span style=3D'font:7.0pt "Times New Roman"'> Informal Review of Concept Plan for Proposed Undertakings.

At the request of the applicants considering action th= at 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 infor= mal review.

§233-146. = Standards for Review.

= A.&n= bsp; General Criteria for Review.

In reviewing an application for its effect on a landma= rk or a building, structure, 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 responsible for the administration of this Ordinance. The criteria set f= orth in this 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)&= nbsp; The impact of the proposed change on the historic, architectural, and/or cultural significance of the landmark or landmark district;

(2)&= nbsp; The importance of the landmark or the building, structure, object, or site to the Nation, State, Region, or Municipality, a= nd the extent to which its historic or architectural interest would be adverse= ly affected to the detriment of public interest;

(3)&= nbsp; The use of any landmark or landmark district involv= ed in the proposed change;

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

(5)&= nbsp; The impact that the proposed change would have on t= he architectural or historic significance of the landmark or landmark district= and the visual compatibility of the proposed change with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth herein.

(6)&= nbsp; Within an Historic District, key, contributing, and noncontributing buildings will be considered as follows:

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.

Contributing buildings.&n= bsp; Any changes, alterations, or modifications, subject to the exclusion= s in §233-145 (B) above, to a Contributing building which affect the façade or are visible from the street or other public thoroughfare s= hall be subject to review.

Noncontributing buildings. Only those changes to a Noncontributing building that would impact the visual compatibility with adjacent buildings, structures, objects and sites in accordance with the requirements for design compatibility set forth herein shall be subject to review. These changes include additions, and new construction.

B.<= span style=3D'font:7.0pt "Times New Roman"'> Rehabilitation of Existing Buildings, Structures, Objects, and Sites.

In reviewing any application, the Commission shall mak= e its recommendation as to whether any application should be approved, approved w= ith conditions, or denied on the basis of the purposes and the provisions of th= is Ordinance, and the following standards for review, which are identical to t= he Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings”. The Standards are to be applied to specific rehabilitation projects in a reasonable manner, taking into consideration economic and technical feasibility.

(1)&= nbsp; Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, object, or site and its environment, or to use a prope= rty for its originally intended purpose.

(2)&= nbsp; The distinguishing original qualities or character = of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided w= hen possible.

(3)&= nbsp; All buildings, structures, objects and sites shall = be recognized as products of their own time.&= nbsp; Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(4)&= nbsp; Changes which may have taken place in the course of time are evidence of the h= istory and development of a building, structure, object, or site and its environment. These changes ma= y have acquired significance in their own right, and this significance shall be recognized and respected.

(5)&= nbsp; Distinctive stylistic features or examples of skill= ed craftsmanship which characterize a building, structure, object or site shal= l be treated with sensitivity.

(6)&= nbsp; Deteriorated architectural features shall be repair= ed rather than replaced, whenever possible.&n= bsp; In the event replacement is necessary, the new material should match= the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical, or pictorial evidence rather

t= han on conjectural designs or the availability of different architectural elements from = other buildings or structures.

(7)&= nbsp; The surface cleaning of structures shall be underta= ken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(8)&= nbsp; Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.

(9)&= nbsp; Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, materi= al, and character of the property, neighborhood or environment.

(10)= Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterat= ions were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

C.<= span style=3D'font:7.0pt "Times New Roman"'> Review Criteria for Demolition.

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

(1)&= nbsp; Its historical, architectural, cultural, and aesthe= tic significance in relation to the criteria set forth in this Ordinance.

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

(3)&= nbsp; Its importance to the Borough and the extent to whi= ch its historical or architectural value is such that its removal would be detrimental to the landmark district and/or to the public interest.

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

(5)&= nbsp; The extent to which its retention would promote business, create new positions, attract tourists, students, writers, historians, artists, or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate c= itizens in American culture and heritage or make the Borough a more attractive and desirable place in which to live.

(6)&= nbsp; The probable impact of its removal upon the ambienc= e of the landmark district.

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

(8)&= nbsp; The threat to the public health and safety as a res= ult of deterioration or disrepair of the building, structure, object, or site.<= /p>

(9)&= nbsp; The technological feasibility of structural rehabilitation.

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

D.<= span style=3D'font:7.0pt "Times New Roman"'> 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 distr= ict:

(1)&= nbsp; The impact of the loss of integrity suffered as a result of the removal from the original and/or historic location; and, if located within a historic district, the impact of that loss integrity upon = the district as a whole.

(2)&= nbsp; The reasons for not retaining the landmark or struc= ture at its present site.

(3)&= nbsp; The compatibility, nature, and character of the are= as 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)&= nbsp; In the event that a proposed new location is in a historic district, the impact on the visual compatibility of adjacent buildings, structures, objects or sites as set forth herein.

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

E.<= span style=3D'font:7.0pt "Times New Roman"'> Certificates of Appropriateness.

(1)&= nbsp; When Required

A Certif= icate 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 wi= thin a historic district(s) or on a historic site designated on a zoning map:

Demolition of any building, improvement, site, place, or structure.

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

Relocation of a principal or accessory building or structu= re.

Any addition to or new construction of a principal or acce= ssory building or structure.

(2) = When not Required

A Certificate of Appropriateness shall not be required bef= ore a permit is issued by the Construction Code Official for changes to the, inte= rior of the structure or which strictly meet the standards for ordinary maintena= nce and repair as defined in this Ordinance.

The Construction Official shall review all permit applicat= ions to determine if the application proposes work which constitutes ordinary maintenance or repair as defined in this Ordinance. The Construction Official may issu= e a permit if he/she finds that the work strictly meets the standards for ordin= ary maintenance and repair as defined in this Ordinance. The Construction Official shall re= fer the application to the Historic Preservation Commission if he finds that the proposed work does not meet the standards for ordinary maintenance and repa= ir.

F.&n= bsp; Where Demolition is Disapproved.

In the event that the Comm= ission disapproves an application for a Certificate of Appropriateness to demolish= a historic building, place or structure, the owner 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 requirements have been fully met:

(1) Appeal to the Zoning Board of Adjustment:

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 appeal= s the denial of the demolition permit, the owner may simultaneously commence marketing the property for sale for fair market value as set forth below. Alternatively the owner may opt to= await the decision of the Zoning Board of Adjustment.

(2)&= nbsp; 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 b= y an appraiser selected by the Historic Preservation Commission and at the expen= se of the owner.

(3)&= nbsp; Demolition Notice Posted & Publication.<= span style=3D'color:black'>

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

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 period.

At least once each thirty (30) days between the above firs= t and last notifications.

(4)&= nbsp; 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” which 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)&= nbsp; Historic Building Documentation

The property shall be doc= umented, at the applicant’s expense, in accordance with the standa= rds for the Historic American Buildings Survey, which standards are available f= rom the National Park Service. Tw= o (2) copies of this documentation shall be provided. One shall be retained by the Histo= ric Preservation Commission and the other shall be forwarded to the Library of Congress for = inclusion in the Historic American Buildings Survey.

(6)&= nbsp; 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)&= nbsp; Assignment.=

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

(8)&= nbsp; Expiration of Approval.

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

At the time of issuance of the certificate of approval, the construction official 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)&= nbsp; 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 Construction.

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 fo= rth above. Also, the document = Design Guidelines for Historic Districts and Sites is included herein by reference. New construction s= hould 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 alterations to the landmarks or new construction, additions, or alterations to buildings, structures, objects, or sites locat= ed within historic districts.

(1)&= nbsp; Height. The height of the proposed structure shall be visually compatible with adjacent buildings.

(2)&= nbsp; Proportion of Facade. The relationship of the width of t= he building to the height of the front elevation shall be visually compatible = with buildings and places to which it is visually related.

(3)&= nbsp; Proportion of the Openings. The relationship of the width of w= indows to the height of windows in a building shall be visually compatible with buildings and places to which it is visually related.

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

(5)&= nbsp; Rhythm of Spacing.= The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with buildings and places = to which it is visually related.

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

(7)&= nbsp; Relationship of Materials. The relationship of materials, tex= ture, and tone to the facade and roof of a building shall be visually compatible = with the predominant materials used in buildings to which it is visually related= .

(8)&= nbsp; Roof. The roof shape of a building shall be visually compatible with buildings to whi= ch it is visually related.

(9)&= nbsp; Continuity of Walls. Walls and open fencing shall maint= ain visual compatibility with buildings and places to which it is visually rela= ted.

(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)<= span style=3D'font:7.0pt "Times New Roman"'> Directional Expression. A building shall = be visually compatible with buildings and places to which it is visually relat= ed in its directional character, whether this be vertical character, horizontal character or nondirectional character.

(12)= Exterior Features.= A structure’s related exterior features, such as lighting, fen= ces, sidewalks, driveways and parking areas shall be compatible with the feature= s of those structures to which it is visually related and shall be appropriate f= or 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 buildings 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)&= nbsp; Applications for Permits.

The Administrative Officer shall 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. As the Planning Board and Zoning B= oard of Adjustment approve only site plans, subdivision plans, use variances and bulk variances, it is presumed that the design aspects of the application h= ave not been approved by said agency and thus are subject to review by the Hist= oric 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.

When the application for permit(s) involves a property determined to have historic significance but has not been designated a land= mark nor is located within a landmark district, the Administrative Officer shall forward a copy of the application to the

Commission. = Furthermore, the requested permit(s) shall not be issued 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)&= nbsp; 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 the Norwood Borough Hal= l or may be submitted directly to the Commission for review and approval.

(3)&= nbsp; 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)&= nbsp; Applications shall include a completed application = form 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:

Photographs of the existing structure or lot;

Scaled drawings showing site plan layout, facade elevation= s, and specifications for materials;

For new construction applications, a street scape elevation drawn to scale, showing the new structure in the context of neighboring buildings, structures and sites;

For large projects, working drawings;

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

§233-149. = Commission Review of Applications for Permits.

= A.&n= bsp; Major Applications

(1)&= nbsp; The Commission shall review applications for a Certificate of Appropriateness at a public hearing. The applicant(s) shall not be requ= ired 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 Commission, 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 wi= thin ten (10) days of the Commission’s decision on the application.

(3) = Appeals from determinations of the Construction Official 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 sh= all be deemed to limit the right of judicial 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 Appropriate= ness on a conspicuous spot on the site visible to the public during the entire process of work.

(5) = Issuance of an approval of a permit shall be deemed= to be final approval pursuant to this Article. Such approval shall neither cause = nor prevent the filing of any collateral application. The denial of a permit shall be de= emed to preclude the applicant from undertaking the activity applied for.

(6) = When a Certificate of Appropriateness has been issu= ed, the Administrative Officer or his appointee shall, from time to time, inspe= ct the work approved by such Certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any 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 Historic Preservation Commission approval= of the application. This one (1)= year period shall not be extended.

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B.<= span style=3D'font:7.0pt "Times New Roman"'> Minor Applications

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

C.<= span style=3D'font:7.0pt "Times New Roman"'> 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 Board 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 shall be m= ade when the application for development is deemed complete or is scheduled for= a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through its delegated members or staff, who shall testify orally at the hearing and exp= lain any written report which may have been submitted by the Commission regarding the application. The Commissi= on shall make available to the applicant a copy of its written report concerni= ng said application for development.

The Historic Preservation Commission reserves the righ= t 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)&nbs= p; by the Planning Board or Zoning Board of Adjustment.

§233-151.&n= bsp; Violations; Enforcement.

= A.&n= bsp; Violations-Defined:

Any person violating any of the provisions of this ord= inance shall, upon conviction 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.<= span style=3D'font:7.0pt "Times New Roman"'> Notice of Violations:

Upon lea= rning of the violation, the Administrative Officer shall personally serve upon the o= wner of the property whereon the violation is occurring a notice describing the violation in detail and giving the owner ten (10) days to abate the violati= on 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.<= span style=3D'font:7.0pt "Times New Roman"'> Injunctive Relief:

In the event that the violation is not abated within t= en (10) days of service or posting on site, whichever is earlier, the Administrative Office shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct, or abate such violati= on, to prevent the occupancy of said building, structure, or site, or to prevent any illegal act, conduct, business, or use in or about such premises as follows:

(1)&= nbsp; 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 approv= al ,and take any necessary measures to preserve the affected premises pending = such approval. If the work is deni= ed, he or she shall immediately restore the building, structure, object, or site to its condition prior to any such activity.&= nbsp; The Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court, not le= ss than ten (10) days after the delivery of notice pursuant to Subsection B hereof.

(2)&= nbsp; In the event of the threat of imminent action for w= hich the necessary approvals have not been granted, and which action would permanently and adversely change a landmark or any building, structure, obj= ect, or site located within a landmark district, the Administrative Office is empowered to apply to the Superior Court of New Jersey for injunctive relie= f as is necessary to prevent such actions.

D.<= span style=3D'font:7.0pt "Times New Roman"'> Penalties:

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

(1)&= nbsp; For each day up to ten (10) days, not more than One Hundred Dollars ($100.00) per day.

(2)&= nbsp; For each day between eleven (11) and twenty-five (2= 5) days, not more than Two Hundred Fifty Dollars ($250.00) per day.

(3)&= nbsp; For each day beyond twenty-five (25) days, not more than Five Hundred Dollars ($500.00) per day.

(4)&= nbsp; For each day beyond twenty-five days, a jail term, = not to exceed ninety (90) days may be imposed.

§233-152. = Preventative Maintenance; Violations.

= A.&n= bsp; Priority:

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

B.<= span style=3D'font:7.0pt "Times New Roman"'> Notice of Violation:

In the event that any landmark or any building, struct= ure, object, or site located within a landmark district deteriorates to the point that in the best estimate of the Administrative Officer, the cost of correc= ting the outstanding code violations equals more than ten percent (10%) of the c= ost 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 prop= erty listing the violations, the estimate for their abatement, and the replaceme= nt 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.<= span style=3D'font:7.0pt "Times New Roman"'> Hearing:

Upon receipt of such notice, the owner may within twen= ty (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. Such a hearing sh= all be conducted by the Commission and shall, so far as possible, 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 serv= e on the owner an opinion in writing setting forth his or her conclusions and the reasons therefor.

D.<= span style=3D'font:7.0pt "Times New Roman"'> Action Without a Hearing:

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

E.<= span style=3D'font:7.0pt "Times New Roman"'> Right of Abatement:

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

F.<= span style=3D'font:7.0pt "Times New Roman"'> Costs:

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

G.<= span style=3D'font:7.0pt "Times New Roman"'> Lien:

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

§233-151. = 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 invo= lved any activity which should also be the subject of an application for a permi= t, 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 th= at this Ordinance conflicts with State law, State law shall take precedence.

Section 3.&= nbsp; 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.&= nbsp; 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:_________________

APPROVED: _______________________________________

&n= bsp; = ; = Michael B. Kaplan, Mayor

ATTEST: &n= bsp; _________________________________= ______

Lorraine L. McMackin, Borough Clerk