This chapter shall be known and may be referred to as the "Historic Preservation Ordinance of the City of Bayonne." (1972 Code § 33A-1)

a. In adopting this chapter, it is the intention of the Municipal Council of the City of Bayonne to designate and regulate historic sites and historic districts within the City consistent with and pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.).

b. A Commission is hereby created to review the potential effect of development and permit applications on designated historic sites and in designated districts and to work with and advise the Planning Board and the Zoning Board on the effect of any such applications coming before either Board.

c. This chapter is intended to regulate only those activities on designated sites or within designated districts which require a permit from a municipal officer or employee or which require an application for development to the Planning Board or Zoning Board of Adjustment. Nothing herein shall prevent review of other activities by the Commission, but such review is not required by the adoption of this chapter.

d. This chapter does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near a landmark should not necessarily duplicate the exact style of the site or district; rather, it should be compatible with and not detract from the site or district.

(1972 Code § 33A-2)

The Municipal Council of the City of Bayonne finds and determines that the City has many historic or architecturally significant properties, together with groupings or districts of generally vernacular structures. These properties and districts contribute visually to the character and integrity of the City and are important in assessing the historic patterns of development. Maintaining, preserving and rehabilitating these visual links to the past is an important function of government, not only to provide a sense of stability and continuity for future generations but also to provide impetus for the revitalization of the City's economic base and for the resulting increase in property values.

These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the City's environment in order to:

a. Safeguard the heritage of Bayonne by preserving resources within the City which reflect elements of its cultural, social, economic and architectural history;

b. Encourage the continued use of historic landmarks and facilitate their appropriate use;

c. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects, or districts within the City of Bayonne;

d. Stabilize and improve property values within districts and foster civic pride in the built environment;

e. Promote appreciation of historic landmarks for education, pleasure and the welfare of the local population;

f. Encourage beautification and private reinvestment;

g. Manage change by preventing alteration or new construction not in keeping with the district;

h. Discourage the unnecessary demolition of historic resources;

1. Recognize the importance of individual historic landmarks located outside of a district by urging property owners and tenants to maintain their properties in keeping with the requirements and standards of this chapter;

j Encourage the proper maintenance and preservation of historic settings and landscapes;

k. Encourage appropriate alterations of historic landmarks;

l. Enhance the visual and aesthetic character, diversity, continuity and interest in the City;

m. Promote the conservation of historic sites and districts and invite and encourage voluntary compliance.

(1972 Code § 33A-3)

As used in this chapter:

ADDITION shall mean the construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any landmark.

ADMINISTRATIVE OFFICER shall mean the Zoning Officer or other person designated by the Mayor to handle the administration of historic project review applications as well as the coordination of building permit applications as referenced in this chapter.

AFFECTING A HISTORIC SITE OR HISTORIC DISTRICT shall mean any development activity which alters the exterior architectural appearance of an historic site or any improvement within an historic district.

ALTERATION shall mean any work done on any improvement which (i) is not an addition to the improvement and (ii) constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.

APPLICATION shall mean a request to the Historic Preservation Commission completed on forms available from the administrative officer or the Commission, to review a proposal for addition, alteration, demolition or other work on any structure or property located in an historic district, for purposes of obtaining certification by the Commission that the application is acceptable in terms of the review standards set forth in this chapter. Application shall include any application for development made to the Construction Official, Planning Board or Board of Adjustment which must be referred to the Commission for review.

DEMOLITION shall mean the partial or total razing, dismantling or destruction of any historic site or any improvement within an historic district.

DEVELOPMENT shall mean the division of a parcel of land into two (2) or more parcels, the 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 extension of use of land, for which permission may be required pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. or Chapter 35, Zoning Regulations, of the Revised General Ordinances of the City of Bayonne.

HISTORIC DISTRICT shall mean those areas which comprise (i) 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; or (ii) a definable group of tax map lots, the improvements on which when viewed collectively:

a. Represent a significant period or periods in the architectural and social history of the municipality; and/or

b. Because of their unique character can readily be viewed as an area or neighborhood distinct from surrounding portions of the municipality; or

c. Have a unique character resulting from their architectural style.

RESOURCES WITHIN AN HISTORIC DISTRICT shall be classified as either key, contributing, or noncontributing:

KEY shall mean any buildings, structures, sites or objects which, due to their significance, would individually qualify for landmark status.

CONTRIBUTING shall mean any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant, or because they represent an architectural type, period, or method for which the district is significant.

NONCONTRIBUTING shall mean any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC SITE shall mean any real property, man-made structure, natural object or any portion or group of the foregoing which is of historical, architectural, cultural, scenic or archeological significance.

IMPROVEMENT shall mean any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than one hundred eighty (180) days.

INTEGRITY shall mean the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.

INTERESTED PARTY shall mean any person whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter or under any other laws of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this chapter.

INVENTORY shall mean a list of historic properties determined to meet specified criteria of significance.

LANDMARK shall mean an historic site as defined in this chapter.

MASTER PLAN shall mean the Master Plan of the City of Bayonne, adopted by the Planning Board, as the same may be amended from time to time.

NATIONAL REGISTER CRITERIA shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. Ordinary maintenance shall mean repair of any deterioration, wear, or damage to a structure, in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear, or damage with materials and workmanship of the same quality

ORDINARY MAINTENANCE shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and workmanship and having the same appearance.

PERMIT shall mean any permit required to be obtained from the Construction Official, the Zoning Officer, or the Department of Public Works and Parks in conjunction with construction, alteration, renovation or other work to be done on or about a property.

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

PROTECTION shall mean the act or process of applying measures designed to affect the physical condition of a property by defending it or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

RECONSTRUCTION shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specific period of time.

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

REMOVAL shall mean the partial or complete removal of a structure.

REPAIR shall mean any work done on an improvement that is not an addition and does not change the exterior appearance of any improvement.

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

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.

(1972 Code § 33A-4; Ord. No. O-09-28 § 2)

Unless otherwise noted, the following regulations shall apply only to those historic sites and those properties located within an historic district which have been formally designated by the Municipal Council in accordance with the provisions set forth in Section 37-8. (1972 Code § 33A-5)

All uses permitted for an historic landmark or for structures within an historic district shall be those designated by the Official Zoning Map. Such uses shall not be altered by further designation pursuant to this chapter. Building height minimum lot size, maximum coverage and other general zoning provisions shall be as provided by Chapter 35, Zoning Regulations for the respective zones, except that the Zoning Board or the Planning Board, as appropriate, may grant variances and waivers from such regulations when necessary to preserve or restore historic characteristics. (1972 Code § 33A-6)

There is hereby created in and for the City of Bayonne a commission to be known as "The Historic Preservation Commission," referred to in this chapter as "the Commission."

a. The Commission shall consist of seven (7) regular members and two (2) alternates who shall serve without compensation, except that the Commission members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business, including attendance at annual training sessions or programs that relate to historic preservation, within the guidelines of the budget established by the Municipal Council for the Commission.

b. The Commission shall include at least one (1) member from each of the following classes:

Class A - A person knowledgeable in building design and construction or architectural history and who may reside outside of the municipality;

Class B - A person knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality;

Class C - Persons who are residents of the municipality and who hold no other municipal office position or employment except for membership on the Planning Board or Zoning Board. One (1) Commissioner shall be a member of the Planning Board.

There shall be two (2) alternate members, designated "Alternate "Alternate No. 2," who shall be residents of the municipality and who shall hold no other municipal office, position or employment except for membership on the Planning Board or the No. 1" and e Board of Adjustment. Of the regular members, at least one (1) less than a majority shall be of Classes A and B.

c. All members shall be appointed by the Mayor except for the Planning Board member who shall be appointed by the Chairman of the Planning Board. Regular members shall serve for four (4) year terms except that of the members first appointed, one (1) shall serve for one (1) year; two (2) shall serve for two (2) years; one (1) shall serve for three (3) years and two (2) shall serve for four (4) years. The term of any member who is also a member of the Planning Board or Zoning Board shall be coterminous with his or her Planning Board or Zoning Board term. Alternate members shall serve for terms of two (2) years, except for the first alternates, one (1) of whom shall serve for one (1) year.

d. Vacancies shall be filled in the same manner in which the previous incumbent was appointed and such vacancy appointment shall be only for the balance of such incumbent's unexpired term. A vacancy occurring otherwise than by expiration of the term shall be filled within sixty (60) days for the unexpired term only.

e. Any member of the Commission may, after public hearing if he requests it, be removed by the Municipal Council for cause.

f. A member of the City of Bayonne Municipal Council shall be designated as liaison between the Historic Preservation Commission and the Council.

(1972 Code § 33A-7.1)

The Commission shall adopt internal rules and procedures for the transaction of its business, subject to the following:

a. The Commission shall elect from its members a Chairman and a Vice Chairman.

b. A quorum for the transaction of all business shall be four (4) members.

c. All Commission minutes and records are public records and all Commission meetings shall comply with the Open Public Meetings Act N.J. S.A. 10:4-7, et seq.

d. The Commission shall employ, designate or elect a Secretary who need not be a member of the Commission. The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions.

e. Commission meetings shall be scheduled at least four (4) times a year or as often as required to fulfill its obligations to advise the administrative officer, Planning Board Zoning Board or Municipal Council.

f. No Commission member shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest.

g. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate Number 1 shall vote.

(1972 Code § 33A-7.2)

a. The Municipal Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Corporation Counsel or his designee. Expenditures pursuant to this section shall not exceed, exclusive of gifts and grants, the amount appropriated by the Municipality for the Commission's use.

b. The Commission may appoint a consultant who is a recognized professional in the field of architectural history, historic preservation or similar discipline to advise the Commission on matters before it as the Commission may deem necessary to assist it in rendering decisions.

c. The City Planning, Zoning and Construction Officials shall provide such technical, administrative and clerical assistance as the Historic Preservation Commission shall require. For budgeting and purchasing purposes, however, the Commission shall be allocated its own budget.

(1972 Code § 33A-7.3; Ord. No. O-09-28 § 2)