A.
Establishment. There is hereby established within the City of Atlantic
City an Historic Preservation Commission whose members shall serve
without compensation. The Historic Preservation Commission (HPC) shall
act as the Historic Preservation Commission pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-107 et seq.
B.
Members. The Commission shall be comprised of nine regular members
and two alternates. At least one member shall be appointed for each
of Class A and Class B:
(1)
Class A: A person who is knowledgeable in building design and construction
or architectural history and may reside outside the City; and
(2)
Class B: A person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the City;
and
(3)
Class C: Citizens of the City who shall hold no other City office,
position or employment, except for membership on the Planning Board
or Zoning Board of Adjustment. Class C members should have at a minimum
a demonstrated interest in history, historic preservation or a related
field.
C.
Alternate members.
(1)
Two alternate members shall also serve on the Commission. They must
qualify as Class C members and shall be designated as "Alternate No.
1" or "Alternate No. 2" at the time of appointment.
(2)
Alternate members may participate in all Commission discussions during
proceedings but may not vote except in the absence or disqualification
of a regular member. In the event that a choice must be made as to
which alternate member is to vote, "Alternate No. 1" shall vote.
(3)
A vote shall not be delayed in order that a regular member vote instead
of an alternate member.
A.
Appointments.
(1)
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 alternate members as "Alternate No. 1" and "Alternate
No. 2."
(2)
The mayor shall appoint a full membership, including regular and
alternate members, within 60 days from the effective date of this
chapter.
B.
Terms.
(1)
The terms of the members first appointed shall be so determined that,
to the greatest practicable extent, the expiration of the terms shall
be distributed, in case of regular members, evenly over the first
four years after their appointment, and in the case of alternate members,
evenly over the first two years after their appointment, provided
that the initial term of no regular member shall exceed four years,
and that the initial term of no alternate member shall exceed two
years.
(2)
Thereafter, the term of a regular member shall be four years; and
the term of an alternate member shall be two years.
(3)
All terms shall run from January 1 of the year in which the appointment
was made.
C.
A vacancy occurring otherwise than by expiration of a term shall
be filled within 60 days for the unexpired term only.
D.
No more than two members of the Historic Preservation Commission
shall simultaneously serve as a member on the Planning Board or Zoning
Board of Adjustment.
E.
Quorum.
(1)
The presence of four members at a meeting shall constitute a quorum.
(2)
A quorum may include alternate members filling vacancies of regular
members due to absence or disqualifications.
(3)
A majority vote of those present and voting shall prevail and shall
be sufficient to grant or deny a certificate of appropriateness, except
for a CA regarding a demolition permit.
(4)
A majority of the appointed membership shall be required to recommend
a change or addition to a landmark or historic district or to grant
a certificate of appropriateness regarding a demolition permit.
F.
Member removal. The City Council may remove a member of the Historic
Preservation Commission for cause, after public hearing if so requested.
The Historic Preservation Commission shall annually elect a
Chair and Vice Chair from its members and select a Secretary, who
may or may not be a member of the Historic Preservation Commission
or a municipal employee (see N.J.S.A. 40:55D-107c.). The terms of
the elected officers shall run for a one-year period beginning in
January of each year.
A.
The Commission shall adopt written bylaws, guidelines and rules for
the transaction of its business, for the consideration of applications
for certificates of appropriateness and for the designation of historic
landmarks and historic districts. Such rules shall not be inconsistent
with the provisions of this article and shall include, but not be
limited to, rules pertaining to all notices and hearings required
herein.
B.
In order to make available to the public information useful to the
preservation and protection of historic landmarks and historic districts
and to provide the basis for consistency of policy, the Commission
Secretary shall maintain complete files and records. The Commission's
files shall include, but are not limited to:
(1)
Data used in the classification of buildings, structures, sites,
objects, improvements and districts;
(2)
Minutes of Commission meetings;
(3)
Applications for certificates of appropriateness along with collateral
data, decisions and appeals associated therewith and information;
(4)
Materials and references submitted to the public related to historic
preservation;
(5)
A record of Commission proceedings shall be kept and made available,
but a formal verbatim record shall not be required.
C.
The Commission Secretary shall keep minutes and records of all meetings
and proceedings, including voting records, attendance, resolutions,
reports, findings, determinations, decisions and applications, which
shall be public documents.
D.
All meetings shall be noticed and conducted in accordance with the
Open Public Meetings Act, N.J.S.A. 10:4-6, et seq. Copies of all minutes
shall be maintained in the Municipal Building and shall be delivered
to the City Clerk.
E.
Copies of records shall be made available to municipal bodies, agencies,
and officials for their use. Records will also be available to the
public in accordance with the Open Public Records Act (OPRA) and all
requests will be handled administratively by the Commission Secretary.
F.
When the Planning Board or the Zoning Board of Adjustment refers
an application to the Historic Preservation Commission, the referring
Board and Construction Division shall receive a copy of the Commission's
report.
G.
The City Planning and Development Department shall maintain and display
an up-to-date map showing the boundaries of all areas designated as
historic districts, as well as the locations of all historic landmarks.
H.
No member of the Commission shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest.
I.
The Commission shall prepare an annual report. Copies will be delivered
to the City Clerk, the Planning and Development Department, the Construction
Division and the New Jersey Historic Preservation Office. The annual
report will also be available to the public upon request.
A.
To identify, record and maintain a survey of all buildings, structures,
sites, objects, improvements and districts of historical significance
within the City.
B.
To recommend to the Planning Board and City Council the designation
of buildings, structures, sites, objects or improvements as local
historic landmarks, and to recommend the designation of local historic
districts.
C.
To monitor and recommend to the Planning Board and City Council any
buildings, structures, sites, objects, improvements or districts for
inclusion in the New Jersey or National Register of Historic Places.
D.
To make recommendations to the Planning Board and City Council on
the historic preservation element of the Master Plan and on the implications
for preservation of historic landmarks and historic districts of any
other Master Plan elements. The Commission may provide information
to the planning Board indicating the location and significance of
historic landmarks and historic districts, and identify the standards
used to assess worthiness for historic landmark or historic district
designation.
E.
To make recommendations to the Planning Board and City Council on
the historic preservation implications of any proposed or adopted
zoning or development ordinance(s) or proposed or adopted element(s)
of the City's Master Plan.
F.
To draft and recommend to the Planning Board and City Council ordinances
or amendments to existing ordinances that would resolve any conflicts
which may exist between the design standards of this article and the
building or zoning regulations of the City.
G.
To report at least annually to the City Council on the state of historic
preservation in the City and recommend measures to improve same.
H.
To advise and assist City 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, structures,
objects, sites or districts in the City or on the physical character
and ambience of any portion of the City.
I.
To advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
J.
To review and render determinations regarding applications for certificates
of appropriateness as set forth in this chapter.
K.
To advise the Planning Board and City Council on the relative merits
of proposals involving the use of public funds to restore, preserve
and protect historic buildings, structures, objects and sites; to
securing state, federal and/or other grants or assistance in support
of such projects; and to monitor such projects once underway.
L.
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.
M.
To make information available to residents of historic buildings
or districts concerning guidelines for rehabilitation and design criteria
for new construction established under this chapter.
N.
To seek any benefits which may be granted under the National Historic
Preservation Act, as amended, or any other state or federal 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 thereof,
to take any steps necessary to assist the City in the preparation
and submission of any documents needed for certification of the City
as a certified local government under the National Historic Preservation
Act.
O.
To monitor and recommend to the City Council the submission of any
grants related to historic preservation.
P.
To increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
Q.
To carry out such other educational and informational functions as
will promote historic preservation in the City.
A.
The Commission shall conduct, maintain and expand, when appropriate,
a comprehensive survey of the City to identify historic landmarks
and historic districts that are worthy of protection and preservation.
(1)
There are eight historic landmarks in Atlantic City that are on the
State/National Registers of Historic Places. An additional seven sites
that were so designated have been demolished.
(2)
In addition to the sites on the Historic Register, Atlantic City
has 21 sites and one Historic District that have received certificates
of eligibility or State Historic Preservation Office opinions of eligibility.
An additional five sites with State Historic Preservation Officer
opinions have been demolished.
(3)
The 2008 Atlantic City Master Plan lists 69 sites/districts (including
those already designated) that are recommended for preservation.
B.
The criteria for evaluating and designating historic landmarks and
historic districts shall be guided by the National Register Criteria
as currently published and amended from time to time. The Commission,
or any person, may recommend designation of historic landmarks or
historic districts that are in accordance with the National Register
Criteria or that possess one or more of the following attributes:
(1)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the City, state or nation; or
(2)
Association with events that have made a significant contribution
to the broad patterns of our history; or
(3)
Association with the lives of persons significant in our past; or
(4)
Embodiment of the distinctive characteristics of a type, period or
method of construction, architecture, or engineering; or
(5)
Identification with the work of a builder, designer, artist, architect
or landscape architect whose work has influenced the development of
the City, state or nation; or
(6)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
(7)
Unique location or singular physical characteristics that make a
district or landmark an established or familiar visual feature; or
(8)
Ability or potential ability to yield information important in prehistory
or history.
A.
Proposals to designate a property as historic pursuant to this article
may be made by the City Council, the Commission, a City resident or
the Planning Board, in accordance with the following procedures:
(1)
Nomination report for historic landmark. A nomination to propose
an historic landmark shall include the following information which
addresses the criteria for designation as set forth herein:
(2)
Nomination report for an historic district. A nomination to propose
an historic district shall include the following information which
addresses the criteria for designation as set forth herein:
(a)
A building-by-building inventory of all properties within the
district identifying key, contributing, harmonizing, noncontributing,
or intrusions; and
(b)
A photograph of each property and building within the district;
and
(c)
A copy of the municipal tax map of the district showing boundaries;
and
(d)
A physical description of the proposed district; and
(e)
A statement of significance.
B.
Hearing. Following receipt of a nomination to propose an historic
landmark or historic district, the Commission shall schedule a public
hearing on the proposed designation.
C.
Notification requirements. At least 20 days prior to the public hearing,
the Commission shall, by personal service or certified mail, perform
the following:
(1)
Notify the owner(s) of record of a property that has been proposed
for historic landmark designation, or the owner(s) of record of all
properties located within a district that has been proposed for historic
district designation, that the property or district, as applicable,
is being considered for such designation and the reasons therefor;
(2)
Advise the owner(s) of record of the significance and consequences
of such designation, and of the rights of the owner(s) of record to
contest such designation under the provisions of this article;
(3)
Notify the owner(s) of record of the date, time and location of the
hearing concerning the proposed designation of the property or district;
and
(4)
Serve any further notices as may be required under the provisions
of the Municipal Land Use Law.
D.
Public notice of hearing. At least 20 days prior to the public hearing,
the Commission shall also cause public notice of the hearing to be
published in the official newspaper of the City.
E.
Public report. At least 20 days prior to the public hearing, a copy
of the nomination report shall also be made available for public inspection
in City Hall.
F.
Public hearing. At the public hearing scheduled in accordance with
this article, the Commission shall review the nomination report and
accompanying documents. Interested persons shall be given the opportunity
to be heard and to comment on the proposed nomination for designation.
G.
Commission report. If the proposed nomination is approved by the
Commission, then the Commission shall forward a report to the City
Council, which shall contain a statement of the Commission's
recommendations and the reasons therefor with regard to proposed designations
considered at the hearing, including a list and map of properties
approved for designation.
H.
Referral to Planning Board.
(1)
The City Council shall refer the report to the Planning Board, which
in turn shall report back to Council within 60 days.
(2)
Failure of the Planning Board to transmit its report within the sixty-day
period provided herein shall relieve the City Council of its obligations
relating to the referral of such a report to the Planning Board.
(3)
The City Council action on historic landmark or historic district
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.
I.
Final designation.
(1)
As soon as possible after its receipt of the report from the Planning Board or at expiration of the period allowed for Planning Board comment on designations pursuant to § 148-13H above of this section, the City Council shall act upon the proposed designation list and/or map.
(a)
It may approve, reject or modify by ordinance the designation
recommendations made by the Planning Board.
(b)
In the event that City Council votes to reject or modify any
Planning Board recommendations for a proposed designation, the City
Council shall record in its minutes the reasons for not following
such recommendation.
(2)
All action taken by the City Council on proposed designations shall
become effective upon a favorable vote except, in cases in which an
official protest has been filed with the City Clerk, a proposed designation
shall then require a favorable majority vote of a majority of the
full authorized membership of the City Council.
(3)
Public notice of designation.
J.
Incorporation of designated landmarks into City records.
(1)
Upon adoption of an article by City Council designating an historic
landmark or an historic district, the said designation shall supplement,
rather than supersede, the existing zoning district in which the affected
historic landmark or historic district is located.
(2)
Immediately after designation, the designation, list and/or map shall
be incorporated into the Master Plan as required by the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
(3)
Designated properties shall also be noted as such on the records
for those properties as maintained by the Engineering and Zoning Offices,
as well as the offices of the Construction Official, the Tax Assessor
and the City Clerk.
(4)
In addition to the requirement for notation in the foregoing § 148-13J(1) through (3) above, there shall be within 90 days, entered upon the property records, a notation which identifies each historic landmark and property located within an historic district as constituted on the date of adoption hereof in the offices of.
(5)
Each tax/assessment search requested for a property located within
an historic district shall note thereon the subject property is located
in the specific historic district.
(6)
Similarly, all forms maintained and issued by the Construction Code
Official, City Engineer, Zoning Officer and City Clerk that are responsive
to requests for information, permits, and like documents, shall contain
a notation which identifies, as applicable, the presence of a property
within an historic district as constituted on the date of the adoption
hereof and as new landmarks as historic district designations occur
hereafter.
K.
Amendments. Amendments to historic landmark or historic district
designations may be made in the same manner as they were adopted in
accordance with the provisions of this article.
All properties within the Historic Landmark and Historic District
Overlay Zones shall remain subject to all underlying zoning district
regulations.
