This chapter shall be known as and may be cited as the Newark Landmarks and Historic Preservation Regulations. (Ord. 6 S+FE, 8-3-94 § 27:9-1)

The following as used in this chapter shall have the meaning and scope herein given:

ADMINISTRATIVE OFFICER shall mean the Historic Preservation Officer. In the event that the Historic Preservation Officer is not appointed, the Director of City Planning or his/her designee, or in the absence thereof, the Director of Community Development or his/her designee shall serve as the Administrative Officer.

ALTERATION shall mean any act or process that in any way effects a change in the design or outer appearance of a building, structure, object or site, or any part thereof

APPLICATION shall mean an application form and all accompanying documents submitted for approval of a permit for alteration, repair, reconstruction, demolition or relocation of a designated historic site, building, structure or object, or improvement within a designated historic district or review of a development application concerning same.

ARCHAEOLOGICAL shall mean the science or study of the material remains of past life or activities and the physical site, location, or context in which they are found, as delineated in the Department of Interior's Archaeological Resources Protection Act of 1979.

ARCHITECTURAL shall mean relating or conforming to the rules of Architecture; having or conceived as of having a single unified overall design, form, or structure.

ARCHITECTURAL FEATURE shall mean the architectural style, design, general arrangement and components of all the surfaces, including but not limited to the kind, texture and color of the building material, and the type and style of all windows, doors, lights, signs and other features appurtenant to such improvement.

BUILDING shall mean any structure, part of a structure, extension thereof, or addition thereto having a roof supported by columns, posts, piers, or walls and intended for the shelter, business, housing or enclosing of persons, animals, or property.

CERTIFICATE OF APPROPRIATENESS shall mean a document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed and deemed appropriate and consistent with the purpose of this chapter by the Newark Landmarks and Historic Preservation Commission.

CERTIFICATE OF NO EFFECT shall mean a document attesting that proposed work within a historic district or affecting a landmark building, structure, object, site or landscape feature has been reviewed by the Historic Preservation Officer and has been deemed not detrimental to the historic district or landmark on which the work is to be done or neighboring buildings, structures, objects, sites or landscape features.

COMMISSION shall mean the Newark Landmarks and Historic Preservation Commission.

CONSTRUCTION shall mean the act of (a) adding an addition to an existing building or structure; (b) the erection of a new principal or accessory building or structure on a lot or property; or (c) alterations.

DAYS shall mean calendar days.

DEMOLITION shall mean the dismantling or razing of all or part of any historic site or landscape feature of or any improvement in a historic district.

DEVELOPMENT shall mean any division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mixing, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S A. 40:55D-1 et seq.

HISTORIC DISTRICT shall mean one (1) or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

HISTORIC REGISTRY shall mean a listing of all historic sites, buildings, districts or structures within the City of Newark as recorded by the City Clerk.

HISTORIC SITE shall mean any real property, building, manmade structure, natural object or configuration or any portion or group of the foregoing of historical, archaeological, cultural, scenic or architectural significance.

IMPROVEMENT shall mean any building, structure, work of art or other object installed upon real property or any part of such improvement.

MINOR APPLICATION shall mean an application for approval of actions on a designated historic site, building, structure or object which consists of ordinary maintenance and repair as defined herein.

OBJECT shall mean anything constructed, fabricated or created, the use of which does not require permanent or semipermanent location on or in the ground.

ORDINARY MAINTENANCE shall mean the repair or renewal of deterioration, wear or damage to a structure or improvement in order to return 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 and appearance of the structure or improvement.

REASONABLE RETURN shall mean on the average rate of return for properties similar to and in the same area as the improvement parcel under consideration for the purposes of this chapter for the year proceeding the application as arrived at through certified appraisals, records of sale, and any other research.

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

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

RELOCATION shall mean any removal or relocation of a structure or improvement on its site or to another site.

RESPONSIBLE PERSON shall mean any person or persons having such right to, title to, or interest in any property or improvement so as to be legally entitled, upon obtaining the required permits and approvals from City agencies, to perform with respect to such property or improvement any demolition, construction, reconstruction, alteration, restoration or other work as to which such person seeks the authorization or approval of the Commission.

RESTORATION shall mean the act or process of accurately recovering the form and details of an improvement by the removal of later work and/or by the reconstruction of missing earlier work.

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 present.

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 ofland. Structure includes, but is not limited to, buildings, signs, fences, tanks, towers, poles, walkways, driveways, streets and roads.

(Ord. 6 S+FE, 8-3-94 § 27:9-2; Ord. 6 S+FE, 3-7-07 § 3; Ord. 6 S+FB(S), 10-10-07 § 1)

a. As stated in the U.S. Department of the Interior's National Register Criteria for Evaluation, promulgated pursuant to 16 U.S.C.A. Sec. 470a, the following criteria shall be used by the Commission for its review for designation of historic sites, buildings and districts: the quality of significance in National, State or municipal history, architecture, archaeology, and culture if present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feelings, and association and:

1. That are associated with events that have made a significant contribution to the broad patterns of our history, or

2. That are associated with the lives of persons significant in the past; or

3. 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

4. That has yielded, or may be likely to yield, information important in prehistory or history.

b. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for nomination; however, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:

1. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

2. A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with a historic person or event or

3. A birthplace or grave of a historical figure of outstanding importance if there is not other appropriate building, structure or site directly associated with his or her productive life; or

4. A cemetery which derives its primary significance from graves of persons of transcendent importance, from distinctive design features, or from association with historic events; or

5. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

6. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or

7. A property achieving significance within the past fifty (50) years if it is of exceptional importance.

(Ord. 6 S+FE, 8-3-94 § 27:9-3)

a. Any interested party may nominate a historic landmark or district for local designation. All applications for nomination shall be submitted to the Division of City Planning. The application form shall be the National Register of Historic Places Registration Form, including all necessary attachments. The Administrative Officer shall review the application for completeness.

b. The nomination shall be presented initially to the Historic Preservation Commission, followed by the Central Planning Board and then the City Council; however, in any case, a nomination must be reviewed and approved by all these bodies in order to be designated as a local landmark.

c. Districts and landmarks already listed on the National or State Register of Historic Places as of May 30, 2007 shall automatically be designated a local landmark. The complete list is included as Exhibit A.

(Ord. 6 S+FE, 8-3-94 § 27:9-4; Ord. 6 S+FA(S), 10-10-07 § 1; Ord. 6 S+FB(S), 10-10-07 § 1)

a. Nothing contained herein shall affect the present legal use of the designated property.

b. Use classifications and bulk restrictions as to all such property shall continue to be governed by the general zoning ordinance of the City of Newark and the procedures established therein.

c. In no case, however, shall any use be permitted which requires demolition, relocation, or alteration of a designated historic building, structure, site or thin a designated district so as to adversely affect its character except upon compliance with the terms of this Article.

d. Each designated historic site or district may be marked by an appropriate plaque in such form as the Commission shall promulgate by regulation. (Ord. 6 S+FE, 8-3-94 § 27:9-5)

a. Upon recommendation of the Commission based upon new and compelling evidence and negative evaluation according to the same criteria and following the same procedures set forth herein for designation, a determination may be made by the Commission to remove designation of a historic site or district.

b. Such a determination must receive five (5) favorable votes, i.e., the majority of the Commission membership.

c. A historic site or district shall not be removed from the historic registry of the City of Newark without consideration of the recommendation by the Commission and must be effected by ordinance adopted by simple majority of the Municipal Council.

(Ord. 6 S+FE, 8-3-94 § 27:9-6)

a. No building permit shall be issued or amended nor shall any construction, alteration, ordinary maintenance or repairs, or repairs or demolition be started on a designated historic building, structure or site, or within a designated historic district, prior to review by the Commission.

b. A permit issued by the Administrative Officer shall be required for any of the following actions to proceed regarding a designated historic site or for any improvement within a designated historic district:

1. Rehabilitation, restoration, reconstruction, repair or alteration or change to any part of the exterior of a building, structure or site, including repainting and residing, if visible from a public street.

2. Additions to a building, structure or site, or within a district if visible from a public street;

3. Relocation of a historic site or within a district

4. Demolition of a historic site or within a district;

5. New construction on a historic site or within a district

6. Change in use of a historic site or within a district if such change effects a change in the exterior appearance of the site or improvement.

c. All applications for permits pertaining to designated historic sites or improvements in designated Historic Districts shall be referred to the Commission for a written report and decision on the application of the provisions of this chapter thereto.

(Ord. 6 S+FE, 8-3-94 § 27:9-7)

a. Changes to the interior of structures;

b. Changes not visible to the public from a public street. (Ord. 6 S +FE, 8-3-94 § 27:9-8)

a. In the event an Act of God or any other unexpected event shall cause the responsible person the need for immediate issuance of a permit to commence to stabilize, secure, repair or protect a designated historic site or any improvement in a designated historic district damaged from such event, and the Construction Code Official certifies the immediate necessity for such issuance, an approval of a permit may be issued in accordance herewith.

b. Upon notice to the full Commission by telephone, personal contact or other appropriate means of communication, at least three (3) members of the Commission shall convene as soon as possible and such convening members shall proceed to review the current conditions for which the emergency powers of this chapter have been invoked. Subsequent to review, an approval may be issued upon a majority vote of the members convened. This approval will only apply to work which is deemed necessary for stabilization, securing, repair or protection of the historic site or improvement in a historic district.

c. All other work subsequent to this must be submitted for review by the Commission under the application procedures found in Section 40:9-11, et seq., of this chapter. (Ord. 6 S+FE, 8-3-94 § 27:9-9)

If work which would require a permit is to take place on a building, structure or site, or within a district, which has already undergone a Commission hearing and has been recommended for designation as a historic site or district, but has yet to be reviewed by the Municipal Council, the applicant shall follow the same procedure herein set forth for property already designated at which point the Commission may make recommendations as to the appropriateness of the work and its impact on this historic fabric of the site or district. (Ord. 6 S+FE, 8-3-94 § 27:9-10)

a. Persons seeking to undertake actions requiring review as per the provisions of this chapter must submit a completed application to the Commission.

b. A complete application shall consist of

1. A completed application form.

2. For all structures and additions thereto, architectural drawings or rendering of details of the exterior of the structure, including but not limited to: cornices, brackets, windows/fenestration, brickwork, mortar, window trim and moldings, heads and sills, porches, balusters, porch frieze, projecting elements, doors and bays shall be included with the application if available.

3. If such drawings are not available, the Commission shall have the right to require whatever documentation of the work to be performed as is necessary to make an informed decision.

4. For all structures, a detailed narrative description of the proposed scope of work (construction, alterations, repair, restoration, etc.).

5. Current photographs of the improvement.

6. Specification sheets listing all materials to be used including catalogue lot sheets, sample paint chips, etc.

7. Application fee of $

c. The Historic Preservation Officer shall forward the complete application to the Commission foreport, except in those instances described herein where the Chairperson of the Commission may issue the approval.

(Ord. 6 S+FE, 8-3-94 § 27:9-11)