2014.002

Staff / Collected by

Collected by Staff

Museum Collections.

1978 - 2012

Date(s) Created: 2012 Date(s): 1978-2012

Notes: City of Hoboken Ordinance No.: Z-196 AN ORDINANCE ESTABLISHING A NEW HISTORIC PRESERVATION CHAPTER 42 AND AMENDING EXISTING CHAPTER 36 (HISTORIC DISTRICT COMMISSION), CHAPTER 44 (LAND USE PROCEDURES), CHAPTER 168 (STREETS AND SIDEWALKS), AND CHPATER 196 (ZONING) FOR CONSISTENCY WHEREAS, the Historic Preservation Commission ("Commission"), was established by the Mayor and the Council of the City of Hoboken by Ordinance P-136 on March 20, 1991; and WHEREAS, the Commission wishes to consolidate the operating and administrative provisions in the municipal Code of the City of Hoboken ("Code") from various locations into a single chapter; and WHEREAS, the new chapter will set forth, in a comprehensive way, the procedures, and standards for preservation of historic districts, sites, buildings, and structures of historic, cultural, and architectural value within the City of Hoboken. Now THEREFORE, be it ordained by the City Council of the City of Hoboken, County of Hudson, State of New Jersey, that the Code of the City of Hoboken shall be amended as follows: SECTION ONE: ADDITION The following new chapter shall be added to the Municipal Code of the City of Hoboken. Chapter 42. HISTORIC PRESERVATION § 42-101 ESTABLISHMENT There is hereby established this Historic Preservation Ordinance for the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value of interest within the City of Hoboken. It is the intent of this Ordinance that the City of Hoboken will continue its support of historic preservation efforts that have helped to improve the quality of life of the City of Hoboken. This Ordinance also seeks to expand the role that historic preservation plays in the preservation, development and redevelopment of the City of Hoboken. § 42-102 DEFINITIONS As used in this Chapter, the following terms shall have the meanings indicated: ADDITION -- shall mean the construction or placement of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any building or structure within a designated historic district. ADMINISTRATIVE OFFICER -- shall mean the Hoboken official who also serves as the Zoning Officer. ALTERATION -- shall mean any addition, change, modification or removal, requiring a permit, for a building, structure, object, site or landscape feature or the service equipment thereof that affects safety, health or structure and whose addition, change or modification is not classified as a minor alteration or minor repair as those terms are defined in this section. ALTERATION, MINOR -- shall mean any replacement or renewal of existing work, that requires a permit, pertaining to a building, structure, object, site or landscape feature or of parts of the service equipment thereof, with the same or equivalent materials or equipment parts, that are made in the ordinary course of maintenance and that do not in any way affect health, fire or the structural safety of that building, structure, object, site or landscape feature and which does not in any material way affect the overall appearance of that building, structure, object, site or landscape feature. APPURTENANCE -- shall mean any accessory or subordinate building, object or structure or landscape feature located on the site of a historic landmark or in a historic district. ARCHAEOLOGICAL -- shall mean the science or study of the material remains of past lives or activities and the physical site, location or context in which such material remains are found, as delineated in the United States Department of the Interior's Archaeological Resources Protection Act of 1979. ARCHITECTURAL -- shall mean relating or conforming to the rules of architecture; and having or conceived of as having a single unified overall design, form or structure. CERTIFICATE OF APPROPRIATENESS -- shall mean the Certificate issued by the Administrative Officer that is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and non-ordinary repair work, or necessary demolition work undertaken within a historic district or on an individually designated historic structure and accessory buildings or structures on the property pursuant to this section of the Code. CERTIFICATE OF NO EFFECT -- shall mean the Certificate issued by the Administrative Officer attesting that a proposed alteration or minor alteration within a historic district or affecting a historic site or permanent signs proposed, for placement within a historic district or on a designated historic site has been reviewed and found not detrimental to the historic district or site on which the work is to be done. CERTIFIED LOCAL GOVERNMENT PROGRAM -- shall mean a program authorized by the National Historic Preservation Act Amendments of 1980 that is designed to provide formal participation by communities in federal and state historic preservation programs. CITY COUNCIL -- shall mean the City Council of the City of Hoboken. CLUSTER -- shall mean a group of cultural resources, as defined in this section, with compatible buildings, objects or structures geographically or thematically relating to and reinforcing one another through design, setting, materials, congruency, association and quality and type of construction, engineering, work or craft. COMPATIBLE PROPERTY -- shall mean a resource in a historic district or cluster distinguished by its scale, material, compositional treatment and other features that provide the setting for more important resources and add to the quality or character of the district or cluster. CONSTRUCTION CODE OFFICIAL -- shall mean the official, appointed by the State of New Jersey, who is responsible for enforcing the Uniform Construction Code (UCC) within Hoboken, and also enforcing the Rehabilitation Subcode to the UCC that permits alternate standards for the construction and alteration of existing structures. CONTRIBUTING PROPERTY -- shall mean a resource in a historic district or cluster distinguished by its scale, material, composition, treatment and other features that provide the setting for more important resources and add to the character of the scene, district or resource. CORPORATION COUNSEL -- shall mean Corporation Counsel of the City of Hoboken. CRITERIA FOR EVALUATING HISTORIC PROPERTY -- shall mean the significance in American history, architecture, archeology, engineering, and culture that is present in districts, sites, buildings, structures, and resources that possess integrity of location, design, setting, material, workmanship, feeling and association, and: (a) that are associated with events that have made a significant contribution to the broad patterns of our history; (b) that are associated with the lives of persons of historic significance or note; (c) that embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) that have yielded, or may be likely to yield, information important in prehistory or history. CULTURAL -- shall mean activities or acts related to the past or present social and material traits of a group or groups of people. DEMOLITION -- shall mean the complete or partial razing, dismantling or destruction of any building, structure, object, site or landscape feature. EFFECT -- shall mean a change in the quality of the historical, architectural, archaeological or cultural significance of a resource or change in the characteristics that qualify the resource as historically important. EFFECT, ADVERSE -- shall mean a change in the quality of the historical, architectural, archaeological or cultural significance of a resource or change in the characteristics which qualify the resource as historically important. FAÇADE -- shall mean, generally, the building wall facing the street, i.e., front wall; in the case of a corner building, in which more than one wall faces the public, the term "façade" applies to all building walls facing the public way. HISTORIC DISTRICT -- shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites and officially designated as a historic district by ordinance. HISTORIC PRESERVATION COMMISSION -- shall mean a commission of the City of Hoboken as duly established by municipal ordinance and as such ordinance may be amended to conform to state enabling legislation. HISTORIC SITE -- shall mean any real property, human-made structure, natural object, vista or configuration, or any portion or group of the foregoing, which has been formally designated by the Mayor and City Council as being of historical, archaeological, cultural, scenic or architectural significance by ordinance, resolution or proclamation. A historic site may also be called a landmark or historic landmark. INTRUSION -- shall mean a building, object, site, structure or landscape feature that detracts from a building, historic district, resource or cluster of historical significance because of (a) the incompatibility of the building, object, site, structure or landscape feature with the historic district's, resource's or cluster's sense of time, place and historical development, or (b) the incompatibility of the building, object, site, structure or landscape feature in terms of scale, materials, texture or color, or (c) a building, object, site, structure or landscape feature whose cultural and/or historical integrity has been irretrievably lost. INVENTORY -- shall mean a systematic listing of cultural, historical, architectural or archaeological resources prepared by the City of Hoboken, State of New Jersey, or federal government or a recognized local historic authority, following standards set forth by federal, state and/or city laws, ordinances and/or regulations for evaluation of cultural, historical, architectural or archaeological resources. LANDSCAPE FEATURE -- shall mean any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road, plaza, fountain, sculpture or other form of natural or artificial landscaping. MASTER PLAN -- shall mean the Master Plan adopted by the Planning Board on April 28, 2004 pursuant to the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and all duly adopted amendments, modification, reexaminations of the Master Plan, including but not limited to, the City of Hoboken Reexamination Report adopted by the Planning Board on March 16, 2010. MAYOR -- shall mean the duly elected Mayor of the City of Hoboken MUNICIPAL LAND USE LAW ("MLUL") -- shall mean the Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1. et seq.), as amended from time to time. NON-CONTRIBUTING -- shall mean a building, object, site or structure that neither adds to nor detracts from a historic district's or cluster's sense of time and place and historical development. OBJECT -- shall mean a material thing of functional, aesthetic, cultural, historical, archaeological or scientific value that, by nature or design, may be moveable yet related to a special setting or environment. PLANNING BOARD -- shall mean the Planning Board of the City of Hoboken. PRESERVATION -- shall mean the act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property, historic site or resource. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment and are prohibited; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation activity. RECONSTRUCTION -- shall mean the act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving resource, site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. REHABILITATION -- shall mean the act or process of the act or process of making possible a compatible use for a historic site, resource or property through repair, alterations, and additions while preserving those portions or features that convey its historical, cultural, or architectural values. RELOCATION -- shall mean any change of the location of a building, object, site, structure or landscape feature in its present setting or to another setting. REPAIR, MINOR -- shall mean improvements to correct deficiencies resulting from normal wear and tear that do not in any material way affect the overall appearance of the building, structure, object, site or landscape feature. RESOURCES -- shall mean a source or collection of buildings, objects, sites, structures, landscape features or areas that exemplify the cultural, social, economic, political, archaeological or architectural history of the United States of America, the Northeast Region, the State of New Jersey, and/or the City of Hoboken. RESTORATION -- shall mean the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and the reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project. SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES -- shall mean those standards promulgated by the United States Department of the Interior for the preservation, rehabilitation, restoration and reconstruction of historic buildings, sites, structures, objects and districts that the Historic Preservation Commission shall apply in performing its responsibilities. SIGN -- shall mean Any object, device, display, or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. See City of Hoboken Zoning Code § 196-31 Signs and Signage. SITE -- shall mean the location of a significant event, a prehistoric or historic occupation or activity, or the location of a building, structure, object, or landscape feature, whether standing, ruined or vanished, where the location itself maintains historical, cultural, architectural or archaeological value, regardless of the value of any existing structure. STABILIZATION -- shall mean the act or process of applying measures designed to reestablish a weather-resistant enclosure and the structural stability of an unsafe or deteriorated building, object, site, structure or landscape feature while maintaining the essential form as it exists at the time of commencement of the stabilization. SUBSTANTIAL ALTERATION -- shall mean alterations or repairs made to a residential structure in order to increase its number of dwelling units to ten (10) or more. SURVEY -- shall mean a systematic description of the contributing and non-contributing cultural, historical, architectural or archaeological resources within a historic district or proposed historic district that is prepared by the City of Hoboken, New Jersey or United States government or a recognized local historic authority, following standards set forth by United States, New Jersey, and/or City of Hoboken, laws, ordinances and/or regulations for evaluation of cultural, historical, architectural or archaeological resources. THEMATIC GROUP -- shall mean a finite group of resources related to one another in a clearly distinguishable way by association with a single historic person, event or development force, as one (1) building type or use, as designed by a single architect, as a single archaeological site form, or as a particular set of archaeological research. VISTA -- shall mean a view through or along an avenue, street or opening that, as a view corridor, acts to frame, highlight or accentuate a prominent building, object, site, structure scene or panorama, or patterns of rhythms of building, structures, objects, sites or landscape features, to include views of areas at a distance. ZONING BOARD OF ADJUSTMENT -- shall mean the Zoning Board of Adjustment for the City of Hoboken. ZONING OFFICER -- shall mean the City official who also shall serve as Administrative Officer of the Historic Preservation Commission. § 42-103 PURPOSE A. Safeguard the cultural and historical heritage of the City of Hoboken by preserving resources that reflect elements of its archaeological, cultural, social, economic, architectural, and historical heritage; B. Encourage the continued use of historic sites and to facilitate their appropriate reuse; C. Maintain and develop a harmonious setting for the historically significant resources, buildings, structures, sites, objects, and districts; D. Prevent the unnecessary demolition of historic resources; E. Encourage appropriate alterations of historic sites and improvements within historic districts; F. Prevent alterations and new construction which are not in keeping with the Secretary of the Interior's Standards; G. Protect and enhance property values; H. Promote civic pride in, and appreciation of, Hoboken's historic resources for the education, pleasure and welfare of its citizens; and I. Foster beautification and private re-investment. § 42-104 HISTORIC PRESERVATION COMMISSION § 42-104.1 Membership; Qualifications; Continuing Education A. There is hereby established a Hoboken Historic Preservation Commission ("Commission"), which shall consist of nine (9) regular members and two (2) alternate members. At least one (1) regular member shall be from Class A and one (1) regular member shall be from Class B. All members of the Commission shall serve in a strictly voluntary capacity without any compensation, salary, wages or emoluments. B. Classifications and Qualifications of Members. No more than four (4) of the regular members shall be of and designated as Classes A and B. The remaining regular members may be of and shall be designated as Class C. The two (2) alternates shall be designated "Alternate No. 1" and "Alternate No. 2." The classes are defined as: (1) Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality. (2) Class B: a person who is knowledgeable in or with a demonstrated interest in local history and who may reside outside the municipality. (3) Class C: any citizen of Hoboken who holds no municipal office, position or employment with the City of Hoboken except for membership on the Planning Board or Zoning Board of Adjustment. C. Alternate members shall meet the qualifications of Class C members. D. The Mayor shall appoint all members of the Historic Preservation Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." E. The Mayor shall fill vacancies on the Historic Preservation Commission within sixty (60) days following the creation of the vacancy. F. To the extent possible, the Mayor shall appoint to the Historic Preservation Commission professionals from the disciplines of planning, folklore, cultural anthropology, curation, conservation, landscape architecture, architecture, history, architectural history, pre-historic archaeology and historic archaeology who meet the requirements of National Park Service Professional Qualification Standards. G. All Historic Preservation Commission members, at least once annually, shall attend a conference or training workshop on historic preservation issues or a training workshop provided by a qualified expert in historic preservation during a special meeting of the Historic Preservation Commission. § 42-104.2 Terms of Appointment A. Regular members. (1) The first appointment shall be as follows: (a) Three (3) members shall be appointed for terms of one (1) year. (b) Two (2) members shall be appointed for terms of two (2) years. (c) Two (2) members shall be appointed for terms of three (3) years. (d) Two (2) members shall be appointed for terms of four (4) years. (2) All subsequent appointments shall be for terms of four (4) years or until appointment of successors. B. Alternate members. (1) The first appointments shall be as follows: (a) Alternate No. 1 shall be appointed for a term of one (1) year. (b) Alternate No. 2 shall be appointed for a term of two (2) years. (2) All subsequent appointments shall be for terms of two (2) years or until appointment of successors. C. Initial terms shall commence on the date of appointment; successive terms shall commence on January 1 of each respective year. D. A vacancy occurring other than by expiration of term shall be filled for the unexpired term only by Alternate No. 1. If Alternate No. 1 is not available to fill the vacancy, then Alternate No. 2 shall fill the vacancy of the regular Member. Notwithstanding any other provision herein, the term of any members common to the Historic Preservation Commission and to the Planning Board shall not extend beyond the terms of membership on the Planning Board for that particular member; and the term of any member common to the Historic Preservation Commission and to the Zoning Board of Adjustment shall not extend beyond the term of membership on the Zoning Board of Adjustment. All vacancies for regular Members and Alternates shall be filled with qualified members within sixty (60) days. E. The Historic Preservation Commission shall elect a Chairperson and Vice Chairperson from its members and select a Secretary who may be a member of the Historic Preservation Commission or a municipal employee. F. Alternate members may participate in discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. If Alternate No. 1 is unable to vote due to absence or any other basis for disqualification, Alternate No. 2 shall be permitted to vote in place of Alternate No. 1. G. No member of the Historic Preservation Commission shall be permitted to act on any matter in which the member has, either directly or indirectly, any personal or financial interest and shall adhere to and abide by the provisions of the Local Government Ethics Law of the State of New Jersey, P.L. 1991, c. 29 (N.J.S.A. 40a:9-22.5). Whenever any such member shall disqualify himself or herself from acting on a particular matter, he or she shall not continue to sit with the municipal agency on the hearing of such matter nor participate in any discussion or decisions relating thereto. H. A member of the Historic Preservation Commission may, after public hearing by the governing body, if another member requests such removal, be removed by the City Council for cause. § 42-105 EXPENSES, FEES AND ASSISTANCE PROVIDED A. The governing body may make provisions in its budget and appropriate funds for the expenses of the Historic Preservation Commission. B. The governing body may establish a schedule of fees to be paid by all applicants upon submission of an application for a Certificate of Appropriateness or Certificate of No Effect, or upon the submission of any other applications presented to the Historic Preservation Commission pursuant to this ordinance. The adopted Fee Schedule shall be made available in the office of the Historic Preservation Commission, and shall be attached hereto as Appendix A. C. The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Historic Preservation Commission shall obtain its legal counsel from Corporation Counsel at the rate of compensation determined by the governing body, unless the governing body, by appropriate action, provides for separate legal counsel for the Historic Preservation Commission. Corporation Counsel shall provide advice to the Historic Preservation Commission at the Historic Preservation Commission's request or upon Corporation Counsel's own initiative. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Historic Preservation Commission's use. § 42-106 ADMINISTRATIVE OFFICER The Zoning Officer shall be the Administrative Officer for the Historic Preservation Commission. § 42-107 RESPONSIBILITIES The Historic Preservation Commission shall have the following responsibilities: A. To prepare a survey of historic sites of Hoboken pursuant to criteria identified in the survey report, including but not limited to the United States Secretary of the Interior's Standards for the Treatment of Historic Properties. B. To make recommendations to the Planning Board on the Historic Preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements. C. To advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program. D. To advise the Planning Board or Zoning Board of Adjustment on any application for development, variance relief, and/or interpretation, with regard to historic districts, property, sites, or resources, designated herein, or on Hoboken's zoning or official map, or identified in any component element of the Master Plan. E. To provide the Administrative Officer with written reports on the application of the Zoning Ordinance provisions concerning historic preservation applications not under the jurisdiction of the Planning Board or Zoning Board of Adjustment. F. To carry out such other advisory, educational and informational functions as will promote historic preservation in Hoboken. G. Provide an annual report, not later than April 30 of each year, to the Planning Board, Zoning Board of Adjustment and the City Council on the state of historic preservation in the city and recommend measures to improve the same. Such a report shall address: any properties added to either the New Jersey or National Registers of Historic Places; areas in the community that the Commission feels may be experiencing development pressures that would impact historic landmarks or historic districts or resources; buildings or structures that the Commission may be considering for local designation; and any other such information the Commission deems relevant. H. Undertake an advisory review, at the request of the Mayor, City Council or Planning Board, of any application for a project within the city, or for projects outside of the city but which may have a physical or visual impact on the cultural resources of the city. The Commission shall develop, in a timely manner, a report on its findings and submit the same to the Mayor, City Council, Planning Board, and State Historic Preservation Office. § 42-108 CERTIFICATE OF APPROPRIATENESS; CERTIFICATE OF NO EFFECT A. No building permit or demolition permit or certificate of zoning compliance pertaining to a historic site or to a property within a historic district shall be issued or amended prior to review by the Historic Preservation Commission nor the issuance of either a Certificate of Appropriateness or Certificate of No Effect, unless approved by the Planning Board or Zoning Board of Adjustment. B. The Historic Preservation Commission shall issue Certificates of Appropriateness and Certificates of No Effect as to exterior architectural features for the erection, alteration, restoration, demolition or use of buildings and structures within historic districts and historical landmarks as the Historic Preservation Commission shall deem in the best interest of same. In determining appropriateness, the Historic Preservation Commission shall apply the standards of the United States Department of the Interior, i.e., the Secretary of the Interior's Standards for the Treatment of Historic Properties, as well as the historical and architectural value and significance, architectural style, general design, arrangement, texture and materials of the architectural style and pertinent features of other structures in the immediate neighborhood. C. For the purposes of this section, "exterior architectural features" s... [truncated due to length]