It shall be the responsibility of the Commission to:

a. Identify, record and maintain a system to survey and inventory all building sites, places, landmarks and structures of historical or architectural significance, based on the criteria set forth in this chapter;

b. Make recommendations to the Planning Board in the preparation and periodic updating of the Historic Preservation Element of the Master Plan, including but not limited to the addition or deletion of historic sites and districts identified in the Master Plan;

c. Make recommendations to the Planning Board on the historic preservation implications of any plan element of the Master Plan which has been or may be adopted;

d. Recommend to the Municipal Council sites and districts to be designated through amendment of the Zoning Ordinance in accordance with the criteria and procedures for designation set forth in Section 37-8;

e. Advise the Planning Board and Board of Adjustment on development and zoning applications for properties in designated districts and sites, in accordance with the procedures established in Section 37-10;

f. Review all permit applications affecting designated sites and properties in designated districts and provide written reports to the Zoning/Construction Official in accordance with the procedures established in Section 37-10;

g. Provide advisory, educational, and informational services to promote historic preservation in the Municipality;

h. Draft and recommend to Municipal Council and the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of the Historic Preservation Ordinance and the building or zoning regulations of the Municipality;

1. Assist other public bodies in aiding the public in understanding the significance of historic resources and methods of preservation;

j. Advise the Municipal Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long range plan therefor, securing State, Federal and other grants in aid to assist therein and monitoring such projects once underway;

k. Secure the voluntary assistance of the public and, within the limits of the budget established by the Municipal Council for the Historic Preservation Commission's operation, retain consultants and experts and incur expenses to assist the Historic Preservation Commission in its work;

l. Cooperate with local, County, State, or national historic societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this chapter;

m. Advise and assist Municipal officers, employees, boards and other bodies including those at the County, State, and Federal levels on all matters which have potential impact on the historic buildings, places, structures and districts in the Municipality or on the physical character and ambiance of a district;

n. Request the Municipal Council to seek, on its motion or otherwise, injunctive relief for violations of this chapter or actions contrary to the intent and purposes of this chapter;

0. Report at least annually to the Municipal Council on the state of historic preservation in the Municipality and recommend measures to improve same.

(1972 Code § 33A-7.4)

The Survey shall be used as a basis for identifying sites and districts worthy of designation. The Commission shall consider for designation districts and sites that have integrity of location, design, setting, materials, workmanship, and association, and that meet one or more of the following criteria:

a. Character, interest, or value as part of the development, heritage, or cultural characteristics of the Municipality, State, or nation;

b. Identification with a person or persons who significantly enriched the Municipality, State, or nation;

c. Site of an historic event which had significant effect on the development of the Municipality, State, or nation;

d. Embodiment of distinguishing characteristics of a type, period, or method of construction, architecture, or engineering;

e. Identification with the work of a builder, designer, artist, architect, or landscape architect whose work has influenced the development of the Municipality, State, or nation;

f. Embodiment of elements of design, detail, materials or craftsmanship that render a site architecturally significant or structurally innovative;

g. Unique location of singular physical characteristics that make a district or site an established or familiar visual feature;

h. Likely to yield information important in prehistory or history.

(1972 Code § 33A-8.1)

Based on the Commission's review of the survey, or upon the recommendations of other municipal agencies or of interested parties, the Commission shall consider designation of a district or a site according to the procedures outlined below:

a. or each proposed district or site, the Commission or interested party shall prepare a brief description of the proposed site or district, a description of its significance pursuant to the criteria set forth above, a description of the site or district's location and boundaries and a map siting. For historic district designations, the description shall include an inventory of all properties to be included within the district by street address as well as tax lot and block. Photographs of the site or representative properties in the district may be included.

b. The Commission shall schedule a public hearing on the proposed designation of a district or site. At least ten (10) days prior to the hearing the applicant for designation or the Commission, as the case may be, shall by personal service or certified mail:

1. Notify each owner of a proposed historic site or of property within a proposed historic district that his or her property is being considered for historic designation and the reasons therefore;

2. Advise each owner of the significance and consequences of such designation, and of his or her rights to contest such designation; and

3. Notify each owner of the date, time and place of the hearing.

c. Public notice of the hearing shall be given at least ten (10) days prior to the hearing by publication in the official newspaper of the Municipality. A copy of the description and report shall also be made available for public inspection in the City Clerk's office at least ten (10) days prior to the hearing.

d. Upon Commission review and approval of the proposed historic district or site designation, the Commission shall forward its report to the Municipal Council which, prior to or following the introduction of an ordinance for designation but before final passage, shall refer the report to the Planning Board. The Planning Board shall issue its own report, approving or disapproving the proposed designation to the Municipal Council within thirty-five (35) days after referral. The Municipal Council may disapprove or change any Planning Board recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the Municipal Council of its obligations relating to referral of such a report to the Planning Board. Municipal Council action on historic district or historic site designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision, or amendment of any development regulation.

e. All historic sites and historic districts designated by ordinance shall be based on identification in the historic preservation plan element of the Master Plan; provided that the Municipal Council may designate historic sites or districts not identified in the historic preservation plan element of the Master Plan upon the affirmative vote of a majority of its members and provided further that the reasons for its actions are set forth in a resolution and recorded in its minutes.

f. A protest against a proposed historic site or district signed by the owners of twenty (20%) percent or more either of the area of the lots or land included in the proposed designation or of the lots or land extending two hundred (200) feet in all directions inclusive of street space may be filed with the City Clerk. No designation shall become effective following the filing of such a protest except by the favorable vote of two-thirds (2/3) of all members of the Municipal Council.

(1972 Code § 33A-8.2)

a. All applications, whether to an administrative officer of the City or to the Planning Board or Board of Adjustment, that may affect a designated historic site or district shall be reviewed by the Commission except as set forth in paragraph b., below. Such review shall be required for, but not limited to, the following actions:

1. Demolition of any improvement on an historic site or within an historic district.

2. Relocation of any improvement on an historic site or within an historic district.

3. All changes in the exterior architectural appearance of any improvement on an historic site or within an historic district, whether by alteration, addition or replacement.

4. Any new construction on an historic site or in an historic district.

5. Site plans or subdivisions affecting an historic site or a property within an historic district.

6. Zoning variances affecting an historic site district.

In making a recommendation on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of making recommendations that will be reasonable for the applicant to carry out. Before an applicant prepares his plans, he may bring a tentative proposal to the Commission for informal review and comment.

b. Review by the Commission is not Required.

1. For changes to the interior of structures.

2. For repair or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. In the event, however, that previous noncontributing or inharmonious repairs or alterations are being replaced, such repair or replacement should be referred to the Commission for review. Every effort shall be made to return the structure to its original condition or to a condition compatible with the landmark or the district in which the structure is located. Following are some of the activities which are permitted as repair or exact replacement:

(a) Identical replacement of existing windows and doors;

(b) Repairs of existing windows and doors which does not change the design, scale, or appearance of the windows or doors being replaced;

(c) Maintenance and repair of existing roofing materials involving no change in design, scale, or appearance of the structure;

(d) Structural repairs which do not alter the exterior appearance of the structure;

(e) Replacement of existing clapboards, shingles, or other siding with identical material;

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

(g) Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking materials and sidewalks, using the same material for those items being repaired;

(h) Exterior or interior painting of existing structures.

c. When a historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with municipal codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in Section 37-11.

(1972 Code § 33A-9.2)

In the event that the Zoning Officer or the Construction Official of the City of Bayonne shall determine that neither a permit nor an application for development is required for a proposed modification to the property, then the property owner and/or tenant of the property on which changes are proposed to be made is encouraged to, but need not, make application to the Commission for an advisory opinion. Any such applications may be made to the Commission regarding any changes in the exterior appearance of any structure or improvement on an historic site or within an historic district.

The Commission shall hear such applications, employing its procedures used for all other applications, and will render its findings in accordance with those procedures. In such cases, the Commission's report shall be advisory only, and shall not be binding on the Zoning Officer or the applicant. (1972 Code § 33A-9.2)

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

b. Where it can be determined that the project clearly complies with applicable standards, or that any impact on the landmark or district is insignificant, the Commission may recommend approval at such informal review. The Commission may decline such approval where the preliminary data and drawings are insufficient to make a determination.

(1972 Code § 33A-9.3)

When it is determined that a permit or application for development must be reviewed by the Historic Preservation Commission, the applicant, in addition to any other filing requirements, must complete an application for Historic Preservation Review. Persons interested in obtaining Commission approval of proposed work covered by the provisions of this chapter are encouraged to apply directly to the Commission for review and approval.

a. Applications shall be made on forms available from the Zoning Officer.

b. Completed applications shall be included with other application material, or in the case of an application filed directly with the Commission, shall be delivered or mailed to the Secretary of the Commission, 630 Avenue C, Bayonne, New Jersey.

c. The Commission shall advise the applicant in writing of the time, date, and place of the meeting at which his or her application is to be reviewed.

d. Applications shall include a completed application form which contains a precise written description of the proposed work or activity and any of the following as may be required by the Commission:

1. Photographs of the existing structure or lot;

2. Scaled drawings showing site plan layout, facade elevations;

3. Specification of materials to be used;

4. For applications for new construction, a streetscape elevation drawn to scale, showing the new structure in the context of neighboring buildings;

5. For large projects, working drawings;

6. The Commission may require the submission of additional information, such as material samples, reasonably necessary to reach an informed decision.

e. The Commission's request for additional information shall not toll the running of any time period within which the Commission must act, so long as the applicant provides such information within ten (10) days of the Commission's request therefor.

f. An applicant shall be permitted but not required to appear or to be represented at any meeting of the Commission at which the Commission will consider an application for a permit or the application for development.

g. The Commission shall issue a written report on any application, whether approved, approved with conditions or disapproved. Such written report shall be stated in resolution form and shall be provided to the applicant and the administrative officer, the Planning Board or the Zoning Board, as appropriate, within the time periods hereinafter set forth.

(1972 Code § 33A-10.1)

a. The Planning Board and Board of Adjustment shall refer to the Commission a copy of every application for development submitted to either Board for development in historic districts or on historic sites designated on the Zoning Map or identified in any component element of the Master Plan. The referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.

b. On all applications for development referred to it, the Commission shall immediately determine the time period within which the Planning Board or Zoning Board must act on the application and the Commission shall assure that its report or advice to the Planning Board or Zoning Board is rendered in a timely fashion so as to allow those agencies adequate time to consider and respond to the content of the report.

c. The Commission may make its recommendations to the appropriate Board in the form of a written report, and it shall convey its advice through delegation of one of its members or staff to testify orally at any hearing on the application and to explain any written report which may have been submitted.

d. The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance. In considering the Commission's recommendations, the Planning Board and Board of Adjustment shall be guided by the review standards referenced Section 37- 11.

e. On all matters referred to the Commission which require approval or action by the Planning Board or Board of Adjustment, the decision of the Commission shall be a recommendation only, which may be approved, disapproved or amended by the Planning Board or Board of Adjustment. In the event that the Planning Board or Board of Adjustment should disapprove or amend the decision of the Commission, it shall state its reasons therefor at a public hearing and in its memorializing resolution.

(1972 Code § 33A-10.2)

a. The administrative officer shall refer all applications for issuance of permits pertaining to activities on a designated historic site or within a designated historic district to the Commission for a written report on the application of historic preservation provisions. Where a permit is requested for a project approved by the Planning Board or Board of Adjustment, the permit review shall nonetheless be required for any historic preservation aspects of the change proposed which were not determined by the municipal agency pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

b. The Commission shall submit its written report on the application to the administrative officer as soon as possible but no later than forty-five (45) days of his referral of the application to the Commission.

c. If within the forty-five (45) day period the Commission recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be.

d. Failure of the Commission to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.

e. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.

(1972 Code § 33A-10)