[HISTORY: Adopted by the Board of Commissioners
(now Borough Council) of the Borough of Beach Haven 10-12-2004 by Ord. No.
2004-24.[1] Amendments noted where applicable.]
A.
The Legislature of the State of New Jersey has in
N.J.S.A. 40:55D-107 et seq. delegated the responsibility to local
units of government to adopt regulations designed to promote the protection
of certain architecturally, historically, and archaeologically significant
structures, sites, or districts for the general welfare of its citizenry.
B.
The Borough of Beach Haven recognizes that it has
areas, places and structures of historic, archaeological and architectural
significance. It is in the interest of the general welfare to preserve
these areas, places and structures to ensure that new development
is compatible and relevant with these areas, places and structures.
This chapter is intended to achieve these purposes and objectives
and to promote the preservation of the environment, promote a desirable
visual environment through creative development techniques and good
civic design and arrangements, prevent the degradation of the environment
through improper use of land, and promote the most appropriate use
of land in the Borough.
The terms set forth hereinafter shall have the
following meanings:
The Zoning Officer of the municipality unless a different
municipal official or officials are designated by ordinance to handle
the administration of this chapter and attend the Land Use Board meetings
as deemed necessary.
Historic Preservation Advisory Commission of the Borough
of Beach Haven.
Any private person, persons, or any representative or any
private entity, private organization or association, with legal authority
to make an alteration, addition, improvement, renovation, repair or
demolish a structure.
An application to the Land Use Board of the Borough of Beach
Haven for approval of a major or minor subdivision plot or site plan,
planned development, conditional use or zoning variance.
Any structure, either temporary or permanent, having a roof
(including an annex or addition), which requires for its use a fixed
location on the land and which is designed, intended or used for the
sheltering or protection of persons, animals, or chattel.
All buildings, structures, sites and landscaping located
on lots within 200 feet of the exterior perimeter of any lot upon
which the assessment of visual compatibility is being made.
A document indicating permission or to commence work or activity
on a structure located within the historic district or on a designated
historic site.
The Historic Preservation Advisory Commission established
pursuant to the provisions of this chapter.
The Officer in charge of the granting of building or construction
permits in the Borough of Beach Haven.
Partial or total razing or destruction of any historic site
or of any improvement within a historic district.
An individual building, structure, site, object, improvement
or district which has been determined to have historical significance
pursuant to the provisions of this chapter.
Shall be co-terminus with and include that area shown on the Zoning Map of the Borough of Beach Haven and identified as either: a) the BBO Bed-and-Breakfast Overlay District; b) the Bed-and-Breakfast Overlay Zone; and c) such other districts as are designated in accordance with the procedures set forth in § 41-4 hereof.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
"Key" shall mean any buildings, structures,
sites, objects or improvements which, due to their significance, would
individually qualify for historic landmark status;
"Contributing" shall mean any buildings, structures,
sites, objects or improvements which are integral components either
because they date from a time period which makes them historically
significant or because they represent an architectural type, period
or method which is historically significant;
"Noncontributing" shall mean any buildings,
structures, sites, objects or improvements which do not have significant
historical value because they neither date from a time period nor
represent an architectural type, period or method which is historically
significant.
The body which, for the purposes of this chapter, acts as
the historic preservation commission as cited in the Municipal Land
Use Law, N.J.S.A. 40:55D-107 et seq.
Any buildings, structures, sites, or districts which possess integrity of location, design, setting, materials, workmanship, and association, which meet the criteria set forth in § 41-4A.
Any structure or any part thereof installed upon real property.
A list of historic properties determined to meet criteria
of significance specified herein.
The authenticity of a building, structure, site, object,
improvement or district evidenced by the survival of the physical
characteristics that existed during its historic or prehistoric period.
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this chapter.
A change requiring a building permit
in the exterior facade of a building which results in a significant
change from the existing design appearance through the use of or installation
of siding, trim, shutters, awnings, air-conditioning units, doorways,
windows, exterior of openings of any kind, decks, porches, steps,
stairs, handrails or railings, roofline changes, balconies, roofing,
heating units and the like. Significant change from existing design
shall include the use of vinyl or other modern building materials
differing from the existing or traditional use of cedar and other
wood in the construction of any building.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
The Master Plan of the Borough of Beach Haven, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
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.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
The act of repairing any deterioration, wear, or damage to
a structure, or any part thereof, in order to return the same as nearly
practicable to its condition prior to the occurrence of such deterioration,
wear, or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials or like and having the same appearance.
Any required approval issued by the Construction Official
or Zoning Officer pursuant to applicable building or construction
codes, or the Zoning Ordinance, for work or improvement(s) to property,
or to a building or structure located thereon.
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, firms, companies,
corporations, entities or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives
of any thereof in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
When permitted by context, "person" shall also include the United
States, the State of New Jersey and/or other states, or any political
subdivision thereof, and any foreign country or government.
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic landmark.
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.
The act or process of applying measures designated to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
The act of partially or completely causing a structure or
portion of a structure to change to another location, position, station
or residence.
The publication issued by the U.S. Department of the Interior,
National Park Service, entitled, "The Secretary of the Interior's
Standards for the Treatment of Historic Properties," 36 C.F.R. 68,
issued in 1992 and revised and supplemented from time to time.
A combination of materials to form a construction for occupancy,
use or ornamentation, having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land. For the purposes of this chapter,
the word "structure" shall also include fences, walls, independent
radio and television antennas, pergolas, and swimming pools.
The inventory of buildings, structures, sites, objects, improvements
and districts located within the Borough of Beach Haven which is conducted
by the Advisory Commission for the ascertainment of their historical
significance pursuant to the provisions of this chapter.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
Shall mean that any change or modification of any sort, kind
or description to any building, structure, site or lot shall present
a visually harmonious relationship maintaining the architectural design
between the existing building, structure, lot or site and with the
buildings, structures, lots or sites on all buildings or structures
located on lots within 200 feet of the lot on which the change or
modification is proposed.
There is hereby created in and for the Borough
of Beach Haven a Commission to be known as the Historic Preservation
Advisory Commission of the Borough of Beach Haven.
A.
Composition of the Historic Preservation Advisory
Commission. The Historic Preservation Advisory Commission shall be
comprised of seven members, with two alternates:
(1)
Of the seven regular Commission members:
(a)
Three or more shall be Class "A" or Class "B" members
as said classes are defined in N.J.S.A. 40:55D-107;
(b)
The balance of the members shall be Class "C" members
as said class is defined in N.J.S.A. 40:55D-107.
(c)
To the extent available from within the Borough of
Beach Haven, the Mayor shall appoint Class "A" or Class "B" members
who are residents. Should such individuals not be available from within
the Borough, the Mayor shall have the authority to appoint such individuals
who reside outside of the Borough.
(2)
Of the two alternate Commission members, both shall
be Class "C" members, as Class "C" is defined above. The two (2) alternate
Commission members shall be respectively designated "Alternate No.
1" and "Alternate No. 2."
(3)
Class "C" members shall be citizens of the Borough
of Beach Haven, i.e., individuals who are either residents of the
Borough or property owners in the Borough.
C.
Election of Chairperson and Vice Chairperson. The
Historic Advisory Preservation Commission shall elect from its membership
a Chairperson and a Vice Chairperson.
D.
Liaison person. A member of the Land Use Board of
the Borough of Beach Haven shall be designated by the Council as a
liaison between the Historic Preservation Advisory Commission, the
Council and the Land Use Board. The role of such liaison person shall
be informational only and such person shall possess no voting rights
with regard to any action taken by the Council.
[Amended 9-13-2010 by Ord. No. 2010-20]
E.
Establishment of rules and regulations. The Historic
Preservation Advisory Commission shall create rules and procedures
for the transaction of its business, which shall be available to the
public, subject to the following regulations:
(1)
A quorum for the transaction of business shall consist
of four of the Historic Preservation Advisory Commission's members.
This quorum may include alternate members filling the vacancies of
regular members. A majority of the members present and voting may
grant or deny a certificate of appropriateness.
(2)
The Historic Preservation Advisory Commission shall
appoint a Secretary, who need not be a member of the Historic Preservation
Advisory Commission. The Secretary shall keep minutes and records
of all meetings and proceedings including voting records, attendance,
resolutions, findings, determinations, and decisions. All such material
shall be public record.
(3)
Such rules shall include a specific section prohibiting
conflicts of interest.
F.
Compensation of Commission members. The members of
the Historic Preservation Advisory Commission shall serve without
compensation.
G.
Retention of professional assistance. The Historic
Preservation Advisory Commission may retain appropriate professional
aid and assistance as provided for in N.J.S.A. 40:55D-108.
H.
Powers and duties. The Historic Preservation Advisory
Commission shall have the powers, duties and responsibilities as set
forth in N.J.S.A. 40:55D-109, N.J.S.A. 40:55D-110 and, in addition,
the following powers and duties:
(1)
Undertake a comprehensive survey of the Borough of
Beach Haven to identify properties that should be designated as historic
landmarks and historic districts worthy of protection and preservation,
which survey shall be updated every other year.
(2)
Following the preparation of the survey, prepare and adopt pursuant to § 41-4 et seq. of the ordinance, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Land Use Board for inclusion in the Borough Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Council of the Borough of Beach Haven for inclusion in the Historic Preservation Ordinance.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3)
Hear and decide applications for certificates of appropriateness pursuant to § 41-6 of this chapter.
(4)
Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in § 41-4.
(5)
Advise the Land Use Board on applications for development
pursuant to N.J.S.A. 40:55D-110.
(6)
Provide written reports pursuant to N.J.S.A. 40:55D-111
on the application of the Zoning Ordinance provisions concerning historic
preservation.
(7)
Report at least annually to the Land Use Board and
the Council of the Borough of Beach Haven on the state of historic
preservation in the Borough and to recommend measures to improve same.
[Amended 9-13-2010 by Ord. No. 2010-20]
(8)
Collect and disseminate material on the importance
of historic preservation and specific techniques for achieving same.
(9)
Advise all Borough agencies regarding goals and techniques
of historic preservation.
(10)
Review all proposed National Register nominations
for properties that come within the jurisdiction of the Commission,
as established by the criteria of the 1980 amendments of the National
Historic Preservation Act of 1966.
(11)
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough of
Beach Haven.
(12)
Assist applicants in obtaining any financial assistance,
whether in the form of loans or grants, or tax benefits, from any
federal, state or local entity.
(13)
Exercise any and all other powers authorized by law.
I.
Meetings. The Historic Preservation Advisory Commission
shall meet on a regular monthly basis. All meetings shall comply with
the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
A.
Criteria for designation. The criteria for evaluating
and designating historic landmarks and historic districts shall be
guided by the National Register Criteria. The Commission may recommend
designation of historic landmarks or historic districts that are in
accordance with the National Register Criteria which are herein set
forth below:
(1)
Character, interest, or value as part of the development,
heritage or cultural characteristics of the Borough, state or nation;
(2)
Association with events that have made a significant
contribution to the broad patterns of our history;
(3)
Association with the lives of persons significant
in our past;
(4)
Embodiment of the distinctive characteristics of a
type, period or method of construction, architecture, or engineering;
(5)
Identification with the work of a builder, designer,
artist, architect or landscape architect whose work has influenced
the development of the Borough, state or nation;
(6)
Embodiment of elements of design, detail, material
or craftsmanship that render an improvement architecturally significant
or structurally innovative;
(7)
Unique location or singular physical characteristics
that make a district or landmark an established or familiar visual
feature;
(8)
Ability or potential ability to yield information
important in prehistory or history;
(9)
A religious property deriving primary significance
from architectural or artistic distinction or historical importance;
(10)
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;
(11)
A birthplace of a historical figure of outstanding
importance if there is no other appropriate site or building directly
associated with his/her productive life;
(12)
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
(13)
A property achieving significance within the past
50 years if it is of exceptional importance.
B.
Procedures for designation.
(1)
Persons wishing to make a nomination shall contact
the Commission Secretary of the Historic Preservation Advisory Commission
regarding consideration of a proposed historic landmark or historic
district. The Advisory Commission may also initiate the designation
of an historic landmark or historic district. The Advisory Commission
will schedule a hearing at its next regular meeting to review the
proposed historic landmark or historic district.
(2)
A nomination to propose an historic landmark shall
include the following information which addresses the criteria for
designation as set forth herein:
(3)
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;
(b)
A photograph, preferably black and white, of all properties
within the district;
(c)
A copy of the municipal tax map of the district showing
boundaries;
(d)
A physical description of the proposed district; and
(e)
A statement of significance.
(4)
Following receipt of a nomination to propose an historic
landmark or historic district, the Advisory Commission shall schedule
a public hearing on the proposed designation.
(5)
At least 14 days prior to the public hearing, the
Advisory Commission shall, by personal service or certified mail,
perform the following:
(a)
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;
(b)
Advise the owner(s) of record of the significance
and consequences of such designation and of the right of the owner(s)
of record to contest such designation under the provisions of this
chapter;
(c)
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
(d)
Serve any further notices as may be required under
the provisions of the Municipal Land Use Law.
(6)
At least 14 days prior to the public hearing, the
Advisory Commission shall also cause public notice of the hearing
to be published in the official newspaper of the Borough.
(7)
At least 14 days prior to the public hearing, a copy
of the nomination report shall also be made available for public inspection
in the municipal offices of the Borough.
(8)
At the public hearing scheduled in accordance with
this chapter, the Advisory 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.
(9)
If the proposed nomination is approved by the Advisory
Commission, it shall forward a report concerning the proposed historic
landmark or historic district to the Council of the Borough of Beach
Haven. The governing body of the Borough of Beach Haven shall consider
the report and recommendations of the Advisory Commission and if the
governing body chooses to act favorably thereon, the Zoning Ordinance
of the Borough of Beach Haven shall be appropriately amended pursuant
to law.
[Amended 9-13-2010 by Ord. No. 2010-20]
(10)
All other requirements of the Municipal Land Use Law
regarding adoption of development regulations shall be followed.
(11)
Upon adoption of an ordinance by the Borough of Beach
Haven designating an historic landmark or an historic district, the
designation list and map shall be incorporated into the Master Plan
and Zoning Ordinance of the Borough as required by the Municipal Land
Use Law. Designated properties shall also be noted as such on the
records for those properties as maintained by the Planning and Zoning
Offices, as well as the offices of the Construction Official, the
Zoning Officer, the Borough Tax Assessor and the Borough Clerk.
A.
Representation of parties. Any owner or owners and
all persons having a legal and equitable interest in any property
which has been proposed for designation, or is designated, as a local
landmark, or for which an application for a permit or application
for development has been made to the municipality, may appear in person
or be represented by an authorized agent or attorney at any public
hearing scheduled by the Beach Haven Historic Preservation Advisory
Commission.
B.
Order of procedure. The order of procedure at all
public hearings of the Beach Haven Historic Preservation Advisory
Commission shall be as follows:
(1)
Opening of the hearing by the Chairperson;
(2)
Incorporation in the record of the Notice of Hearing
in accordance with the Open Public Meetings Act of the State of New
Jersey;
(3)
Statement by the Chairperson summarizing the items
on the agenda for the meeting;
(4)
Approval of the minutes of previous meetings;
(5)
Review and approval of any resolutions memorializing
decisions reached on applications at previous meetings;
(6)
Applications that were heard previously by the Advisory
Commission and carried to the next hearing date shall be heard under
"old business;"
(7)
Applications not previously heard by the Commission
shall be heard under "new business."
(a)
Upon calling the case of a new application, the applicant,
or the authorized agent or attorney, shall indicate to the Commission
who will be representing the applicant at the hearing and who will
be offering testimony regarding that application.
(b)
An opening statement will be made by the Chairperson
or the staff of the Commission regarding the application, specifically
what documents and evidence have been submitted to the Commission
prior to the hearing date.
(c)
An opening statement will be made by the owner, authorized
agent or attorney representing the applicant, setting forth the overall
intent of the proposed activities to be undertaken on the property
in question.
(d)
Following the opening statements, presentations will
be made by the identified witnesses and evidence will be given in
support of the proposed activities that directly relate to the property
which is the subject of the hearing. Documents and other physical
evidence that will be submitted to the Commission shall be appropriately
designated by the Commission Secretary, using a consecutive numbering
system.
(f)
Following presentation in support of the application,
statements, if any, of other interested persons, either for or against
the proposed activities, will be heard by the Commission. Such statements
shall be limited to such length of time as the Commission shall designate.
(g)
Final disposition of any matter subject to public
hearing before the Advisory Commission shall be in accordance with
the applicable provisions contained within the Historic Preservation
Ordinance of the Borough of Beach Haven. Copies of the said final
determinations shall be distributed in conformity with the provisions
of said ordinance. If the vote taken on a specific application results
in a tie, the application shall be deemed denied.
(h)
Following the presentation of the oral summation,
the Advisory Commission shall enter into public deliberations regarding
the testimony offered, evidence submitted, and any issues raised by
the public, the Advisory Commission members or staff relating to the
activities proposed to be undertaken by the applicant. Based upon
these deliberations, the Advisory Commission shall render a decision
setting forth in full its reasons for approving or denying the application.
In the case of approval, any conditions placed upon the approval shall
be made as a part of the record. In either case, the Advisory Commission
shall, at the following meeting, pass a resolution memorializing its
decision and setting forth the testimony offered, evidence entered
in the record, findings of fact, and the conclusions reached on the
application.
(8)
Following the conclusion of all new business to come
before the Advisory Commission, it shall take up such other business
as may require its attention, including but not limited to: new grant
applications; existing grant application projects; seminars; consideration
of ordinance changes; consideration of new structures for designation
as local landmarks, etc.
(9)
Following the discussion of such additional business
as noted above, the Advisory Commission shall open the meeting to
receive any comments or questions from the general public as may be
in attendance at the meeting.
(10)
Following the presentation to the Advisory Commission
by any members of the public, the Chairperson shall declare, upon
a motion duly made, that the meeting be adjourned.
C.
The Beach Haven Historic Preservation Advisory Commission
may, in its discretion, impose reasonable time limits upon the presentation
of evidence and statements. The Chairperson of the Commission, at
his/her discretion, may alter the order of procedure as circumstances
may require and warrant.
D.
All testimony offered by witnesses shall be given
under oath or affirmation and said testimony may be given by question
and answer method or, at the Chairperson's discretion, in statement
form. Persons wishing merely to state a position for or against a
proposed application shall be placed under oath or affirmation.
E.
Exhibits shall be marked for identification and shall
be offered in an orderly fashion. They shall be made available for
examination by any and all parties of interest. Leave to file post-hearing
exhibits or information may be sought at the hearing, or thereafter
in writing, which may be granted by the Chairperson. In the event
leave to file post-hearing exhibits or information is granted, copies
shall be served upon interested parties or representatives in person,
or by United States mail, by certified mail, return receipt requested,
together with a signed statement that this rule has been complied
with, which shall be attached to or shall accompany such documents
submitted.
F.
Hearings shall be conducted in such a manner as shall
result in a just and lawful determination of the issues as promptly
as circumstances shall permit. The Advisory Commission shall make
determinations as to the relevance and materiality of evidence. The
Advisory Commission may require a preliminary statement of the nature
of the evidence proposed to be elicited from any witness.
A.
Actions requiring a certificate of appropriateness.
A certificate of appropriateness issued by the Historic Preservation
Advisory Commission shall be required before a permit is issued for
any of the following activities on the property of any landmark or
within any historic district:
(1)
Demolition of an historic landmark or of any improvement.
(2)
Any major exterior renovation of an historic landmark
or of any improvement.
(3)
Relocation of any historic landmark or of any improvement.
(4)
Any application for development pursuant the requirements
of the New Jersey Land Use Law or any ordinances adopted pursuant
thereto.
(5)
Any new construction of a principal or accessory structure.
B.
Exceptions.
(1)
A certificate of appropriateness shall not be required
for any repainting, repair or other maintenance not meeting the definition
of major exterior renovation. Paint color and the preparation of a
wooden structure for painting are outside the scope of this chapter.
(2)
A certificate of appropriateness shall not be required
before a permit is issued by the Construction Official for changes
to the interior of a structure.
(3)
A certificate of appropriateness shall not be required
for any necessary temporary ramps for the convenience of any handicapped
persons.
A.
Application procedure. Application for a certificate
of appropriateness shall be made on forms available from the Zoning
Officer at the Borough. Completed applications shall be delivered
to the Administrative Officer at Borough Hall.
B.
Application information and supporting documents.
Application for a certificate of appropriateness shall include the
following:
(1)
All forms completed by the applicant.
(2)
The following exhibits:
(a)
When the application is for new construction, the
applicant shall provide an overall site plan layout, at a scale of
one inch equals 20 feet, showing the location of all contiguous properties
and elevations of the proposed new construction.
(b)
When the application is for exterior changes to an
existing structure, the applicant shall provide sufficient photographs
and architectural or other drawings to adequately inform the Commission
of the amount and extent of the changes proposed and to show those
changes in the context of the structure as a whole.
(c)
When the application is for restoration of a structure
to an earlier historic appearance, the applicant shall provide historical
documentation such as descriptions, historic photographs, or comparisons
to other similar historic structures (to the extent that such information
is reasonably available) to support the proposed restoration.
(d)
Additionally, the applicant shall provide the Commission
with such other photographs, diagrams, architectural or other drawings,
specifications, documents, and materials which may assist the Commission
in the review of the work for which application is being made.
(3)
The Administrative Officer of the Borough shall determine
if the information submitted with an application for a certificate
of appropriateness constitutes a complete application.
C.
Time frame of decision by Advisory Commission. The
Historic Preservation Advisory Commission shall reach a decision on
the application within 45 days after the Administrative Officer has
declared an application to be complete; otherwise the application
shall be deemed to have been approved. Nothing herein shall prohibit
an extension of time by mutual agreement of the applicant and the
Historic Preservation Advisory Commission. The Historic Preservation
Advisory Commission may advise the applicant and make recommendations
in regard to the appropriateness of proposed action and may grant
approval upon such conditions as it deems appropriate within the intent
and purpose of the chapter.
D.
Rationale. Actions taken by the Historic Preservation
Advisory Commission shall be memorialized at the meeting following
approval or disapproval by the adoption of a formal resolution setting
forth in detail all of the reasons for the approval or disapproval
and setting forth any and all conditions imposed, if any, on the grant
of approval. The applicant shall, within 10 days of the adoption of
such a resolution of memoralization, publish notice thereof in the
Beach Haven Times in the same manner as notice of formal action by
the Beach Haven Land Use Board is required for site plan approval,
subdivision approvals and the like.
E.
Resolutions. The Secretary of the Historic Preservation
Advisory Commission shall immediately upon adoption forward a copy
of the resolution to the applicant, the Construction Official, the
Zoning Officer, the Borough Land Use Board, and the Borough Clerk.
In making its determinations and recommendations,
the Historic Preservation Advisory Commission shall take into consideration
specific standards, as set forth below.
A.
Demolitions.
(1)
In regard to an application to demolish an historic
landmark or any improvement within an historic district, the following
shall be considered:
(a)
Its historic, architectural, archaeological, and/or
aesthetic significance.
(b)
Its use.
(c)
Its importance to the Borough and the extent to which
its historical, architectural or archaeological value is such that
its removal would be detrimental to the public interest.
(d)
The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(e)
The structural soundness and integrity of the building
and the economic feasibility of restoring or rehabilitating the structure
so as to comply with the applicable building codes.
(f)
If it is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
(2)
Upon the recommendation of the Historic Preservation Advisory Commission, taking into account the factors set forth in Subsection A(1)(a) through (f) above, the Construction Official may postpone the demolition of a landmark or improvement within or without an historic district for a period of 12 months. If the Historic Preservation Advisory Commission recommends such postponement, it shall promptly initiate such actions as may lead to the preservation of the landmark or improvement.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
(3)
The Historic Preservation Advisory Commission may
at any time during such delay period approve a certificate of appropriateness
and, at the end of such delay period, shall approve if it has not
already done so a certificate of appropriateness. Upon the issuance
of such certificate of appropriateness during the delay period or
at the termination thereof, the Borough of Beach Haven may, within
60 days or such further period that the property owner may agree,
relocate the structure and for a failure to relocate the structure
during such period a demolition permit shall be forthwith issued by
the Construction Official.
(4)
In the event of the imposition of the twelve-month
delay as herein provided for, the applicant may appeal the imposition
of such delay to the Land Use Board. Such appeal shall be accompanied
by a certificate of an independent structural engineer detailing how
and in what manner the structural integrity of the structure has been
so compromised that it should be demolished. Within 30 days of the
filing of such an independent certificate the Borough of Beach Haven
shall have the right to have the building inspected by its own engineer
at the Borough's sole cost and expense.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
B.
Removals out of the Borough. In regard to an application
to move an historic landmark or any structure in an historic district
to a location outside of the Borough, the Commission shall consider
the following matters:
(1)
The historic loss to the site of the original location.
(2)
The compelling reasons for not retaining the landmark
or structure at its present location.
(3)
The proximity of the proposed new location to the
Borough, including the accessibility to the proposed new location
to the Borough, including the accessibility to the residents of the
Borough and other citizens.
(4)
The probability of significant damage to the landmark
or structure itself as a result of the move.
C.
Removals within the Borough. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the Commission shall consider the following, in addition to the matters set forth in § 41-8B of this chapter:
D.
Visual compatibility. In regard to an application to move a landmark or structure into an Historic District, or to construct a new structure or add to or alter an existing structure within an Historic District, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in § 41-8F of this chapter.
E.
Other considerations on applications for certificates of appropriateness. In regard to an application for approval pursuant to § 41-6 of this chapter, the following shall be considered:
(1)
If an historic landmark or structure in an historic
district is involved:
(a)
The impact of the proposed change on its historic
and architectural character.
(b)
Its importance to the Borough and the extent to which
its historic or architectural interest would be adversely affected
to the detriment of the public interest.
(c)
The extent to which there would be involvement of
textures and materials that could not be reproduced or could be reproduced
only with great difficulty.
(2)
The extent to which the proposed action would adversely
affect the public's view of a landmark or structure within an Historic
District from a public street.
F.
Visual compatibility factors. The following factors
shall be considered in determining the visual compatibility of a building,
structure or appurtenance thereof with the buildings and places to
which they are visually related and shall be known as "visual compatibility
factors":
(1)
The height of the proposed building being visually
compatible with adjacent buildings.
(2)
The relationship of the width of the building to the
height of the front elevation being visually compatible with the buildings
and places to which it is visually related.
(3)
The relationship of the width of the windows to the
height of the windows in a building being visually compatible with
the building in which they are located and to all buildings on lots
within 200 feet thereof. The relationship of solids to voids in the
front facade of a building shall be visually compatible with the buildings
and places to which it is visually related.
(4)
The relationship of solids to voids in the front facade
of a building being visually compatible with the buildings and places
to which it is visually related.
(5)
The relationship of the building to the open space
between it and the adjoining buildings being visually compatible with
the buildings and places to which it is visually related.
(6)
The relationship of the entrance or entrances and
the porch projections to the street being visually compatible with
the buildings and places to which it is visually related.
(7)
The relationship of materials, texture and color of
the facade and roof of a building being visually compatible with the
predominate materials used in the buildings to which it is visually
related.
(8)
The roof shapes of a building being visually compatible
with the buildings to which it is visually related.
(9)
Appurtenances of a building such as walls and open-type
fencing forming cohesive walls of enclosure along a street to the
extent necessary to maintain compatibility of the building with the
buildings and places to which it is visually related.
(10)
The size of a building and the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies being visually compatible with the buildings and places
to which it is visually related.
(11)
A building being visually compatible with buildings
and places to which it is visually related in its directional character,
whether this be vertical character, horizontal character or nondirectional
character.
(12)
New buildings having the same relative placement on
the lot as the older structures and the setback distance from the
street being equal.
(13)
A structure's related exterior features such as lighting,
fences, signs, sidewalks, driveways and parking areas shall be visually
compatible with the features of those structures to which it is visually
related.
G.
Financial assistance. If the cost of compliance with
the requirements of this section increases the cost of the work to
be done, the applicant may apply to the Borough of Beach Haven for
financial assistance for such excess costs. Such financial assistance
may be in the form of a grant, tax relief, or a no- or low-interest
loan for all or part of such excess costs, on such terms as the Borough
of Beach Haven may hereafter determine and adopt, and depending upon
whatever funds the Borough of Beach Haven hereafter may make available
for such a purpose.
A.
Effect. If a certificate of appropriateness has been
issued for an application that requires approval of the Land Use Board,
the certificate of appropriateness shall be a positive recommendation
to the Land Use Board as to the historic preservation aspects of the
matter.
B.
Appeal and right of judicial review. Denial of a certificate
of appropriateness where one is sought to be issued to the Building
Department or Zoning Officer may be appealed to the Land Use Board
on the record made before the Historic Preservation Advisory Commission
in the same manner as an appeal may be made from an adverse determination
of the Zoning Officer as such appeal is provided for by ordinance
and statute.
C.
Posting. The owner shall post the certificate of appropriateness
in a conspicuous spot on the exterior of the designated property visible
to the public during the entire process of work.
D.
Inspection. When a certificate of appropriateness
has been issued, the Construction Official or his/her appointee shall,
from time to time, inspect the work approved by such certificate and
shall regularly report to the Advisory Commission the results of such
inspections, listing all work inspected and reporting any work not
in accordance with such certificate.
E.
Period of validity. A certificate of appropriateness
shall be valid for a period of two years from the date of issue unless
reasonable extensions are requested by the applicant or the Advisory
Commission.
F.
Emergency procedures. When an historic landmark or
an historic district resource requires immediate repair to preserve
its continued habitability and/or health and safety of its occupants
or others, emergency repairs may be performed in accordance with applicable
construction codes immediately upon approval of the Construction Official,
who shall certify that a bona fide emergency exists, without first
obtaining a certificate of appropriateness from the Advisory Commission.
Where feasible, temporary measures to prevent further damage shall
be used, provided these measures are reversible without damage to
the building or structure. The property owner shall make application
for a certificate of appropriateness from the Advisory Commission
within 30 days of the commencement of emergency repairs.
G.
Certificates of appropriateness for government actions:
(1)
It is recognized that the intent and purposes of this
chapter would not be fully served if the municipality and other governmental
agencies were to control the actions of others but fail to apply similar
constraints to itself. The Borough of Beach Haven, when it plans to
undertake any work on any municipally-owned historic landmark or on
any municipally-owned property in an historic district, may submit
such plans to the Historic Preservation Advisory Commission.
(2)
In circumstances where the Borough cannot require
compliance, as in certain cases involving the county, the voluntary
cooperation of such agencies in seeking a certificate of appropriateness
and hereby authorizes the Advisory Commission to consider such requests
and applications. This does not relieve the property owner from complying
with the applicable state and federal regulations regarding historic
preservation.
A.
Enforcement. It shall be the duty of all municipal
officials reviewing all permit applications involving real property
or improvements thereon to determine whether such application involves
any activity which should also be the subject of an application for
a certificate of appropriateness. If it should, the official shall
inform both the Construction Official and the applicant, as well as
the Historic Preservation Commission.
B.
Penalties.
(1)
Any person who shall undertake any activity which
requires a certificate of appropriateness without having first obtained
such certificate shall be deemed to be in violation of this chapter.
(2)
Upon learning of the violation, the Zoning Officer
shall serve upon the owner of the lot whereon the violation is occurring
a notice describing the violation in detail and giving the owner 10
days to abate the violation by restoring the landmark or improvement
to its status quo ante. Service shall be by personal service and sent
by certified mail, return receipt requested, to the owner at his/her
last known address, as it appears on the Borough tax rolls. A copy
of this notice shall be posted on the site of violation.
(3)
In the event that the violation is not abated within
the ten-day period following mailing and/or posting on the site, the
Zoning Officer shall cause a summons and complaint, returnable in
the Beach Haven Municipal Court, to be issued and served pursuant
to law, charging violation of this chapter. Each separate day the
violation exists shall be deemed to be a new separate violation of
this chapter,
(4)
Any person violating any of the provisions of this chapter shall be subject to the penalties provided in § 1-16 of the Code of the Borough of Beach Haven. Each day that a violation of this chapter continues shall be a separate chargeable offense.
(5)
In the event that any action which would permanently
and/or adversely change the landmark or historic district, such as
demolition or removal, is about to occur without a certificate of
appropriateness having been issued, the Borough of Beach Haven may
apply to the Superior Court of New Jersey for such injunctive relief
as is necessary to prevent the destruction of any landmark.
[Amended 9-13-2010 by Ord. No. 2010-20]
A.
Recognizing the need for preventive maintenance to
ensure the continued useful life of landmarks and structures in the
Historic District, the Council of the Borough of Beach Haven hereby
declares that code enforcement in relation to landmarks and structures
in historic districts is a high Borough priority.
B.
In the event that any landmark or improvement in an
historic district suffers deterioration to the point where, in the
opinion of the Construction Official of the Borough of Beach Haven,
the deterioration jeopardizes the continuing existence of the landmark
or improvement, the Construction Official of the Borough of Beach
Haven is hereby authorized to file an application with the Historic
Preservation Advisory Commission, upon notice to the owner, to compel
the owner to appear at the next meeting of the Commission to show
cause why corrective action and repairs as recommended by the Commission
should not be undertaken. Upon resolution duly adopted by that Commission
the owner shall make the reasonable repairs requested by the Commission
and, for a failure to do so, the Construction Code Official shall
recommend to the Council of the Borough of Beach Haven that an action
be commenced in the Superior Court of New Jersey Chancery Division
seeking a mandatory injunction to compel the owner to take appropriate
remedial action. Decision as to whether or not to commence such Chancery
Division action shall be in the sole discretion of the Council of
the Borough of Beach Haven.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Advisory Commission shall from time to time
inventory other individual properties in the Borough of Beach Haven
which may meet the criteria established for Historic District resources
and historic landmarks. Upon the inventory of such structures, a list
thereof shall be forwarded to the Council of the Borough of Beach
Haven who shall, upon due consideration, determine whether or not
such structures and landmarks and historic sites should be included
as separate historic preservation districts and, if the Council shall
so determine, appropriate ordinance enactment may be made by the Council.