[Added 10-13-2004 by Ord.
No. 04-19]
[1]
Editor's Note: Former Article VIIIB, Design District, was
deleted 10-13-2004 by Ord. No. 04-19.
It is the intent and purpose of this article:
A.
To safeguard the heritage of the Borough by preserving that part
of the Borough which reflects elements of its cultural, social, economic
and architectural history;
B.
To preserve the integrity of design of the buildings and streetscapes
within the Historic District, and the preservation of Historic Sites;
C.
To maintain and improve property values;
D.
To preserve and promote the Historic District as an essential element
of municipal character and identity and as an important factor in
the economy of the Borough;
E.
To foster civic beauty;
F.
To promote the use of the Historic District for the education, pleasure
and welfare of the citizens of the Borough and its visitors; and
G.
To further assure that construction, alterations, repairs and replacements
such as lighting, fencing, walkways, signs, color and landscaping
are compatible with the Borough's historic, cultural, aesthetic and
architectural heritage.
The Historic District as designated by this article shall be the B-1 Central Business District and the B-2 Neighborhood Business District, as more particularly described and defined in Articles VIII and VIIIA, respectively, of the Zoning Ordinance and such other areas that are subsequently determined to be Historic Districts pursuant to Section 94-51.4.
A.
The Historic Preservation Commission ("Commission") of the Borough
is hereby established pursuant to N.J.S.A. 40:55D-107 et seq. The
Commission shall consist of five (5) regular members and two (2) alternate
members appointed by the Mayor. At least two (2) of the regular members
shall be of Classes A and B. The regular members who are not designated
as Class A or B shall be designated as Class C. The two (2) alternates
must meet the qualifications of Class C and shall be designated "Alternate
No. 1" and "Alternate No. 2." The classes are defined as:
(1)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
Borough.
(2)
Class B: a person who is knowledgeable of or who has a demonstrated
interest in local history and who may reside outside the Borough.
(3)
Class C: any citizen of the Borough who shall hold no other
municipal office, municipal position or municipal employment except
for membership on the Planning Board.
B.
Terms of regular members.
(1)
The initial terms of the appointment of the regular members
of the Commission shall be as follows:
(2)
All subsequent appointments shall be for terms of four (4) years
or until appointment and qualification of a successor. A vacancy occurring
otherwise than by expiration of a term shall be filled for the unexpired
term only.
C.
D.
Notwithstanding any other provision, the term of any member who is
also a member of the Planning Board shall be coterminous with his
membership on the Planning Board.
E.
Rules and Organization of the Commission.
(1)
The Commission shall elect from its membership a Chairperson,
a Vice Chairperson and a Secretary.
(2)
The Commission shall establish a regular schedule of meetings
at least once a month or as often as required to meet the needs of
its business, to handle emergencies or to meet time constraints imposed
by law.
(3)
A quorum for the transaction of business shall be three (3)
members.
(4)
The Commission's Secretary shall keep minutes and records of
all meetings and proceedings, including voting records, attendance,
resolutions, findings, determinations, decisions and applications
for Certificates of Appropriateness. A verbatim record of Commission
meetings and proceedings shall be kept and made available in accordance
with provisions of the Municipal Land Use Law.
(5)
All Commission records and minutes shall be made public records,
and all Commission meetings shall comply with the Open Public Meetings
Act (N.J.S.A. 10:4-7 et seq.).
(6)
The Commission shall adopt written bylaws and procedures for
the transaction of its business and for the consideration of applications
for Certificates of Appropriateness.
(7)
No member shall be permitted to act on any matter in which he
or she has, either directly or indirectly, any personal or financial
interest.
(8)
A member may be removed by the governing body for cause but
only after a public hearing if he or she requests one.
(9)
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
F.
Expenses and costs; employment of experts and staff. The governing
body shall make provision in its budget and shall appropriate funds
for the expenses of the Commission. The Commission may employ, contract
for and fix the compensation of experts and other staff and services
as it shall deem necessary. The Commission shall appoint and receive
its legal counsel from an attorney licensed to practice law in this
State. Expenditures pursuant to this Section shall not exceed, exclusive
of gifts and/or grants, the amount appropriated by the governing body.
G.
Powers and duties. It shall be the responsibility of the Commission
to:
(1)
Prepare a survey of Historic Sites of the Borough pursuant to
criteria identified in the survey report.
(2)
Make recommendations to the Planning Board and the governing
body on the preparation and periodic updating of the historic preservation
plan element of the Borough's Master Plan, including but not limited
to the addition or deletion of Historic Sites and Historic Districts
identified in the Borough's Master Plan.
(3)
Make recommendations to the Planning Board and governing body
on the historic preservation implications of any plan element of the
Borough's Master Plan which has been or may be adopted.
(4)
Advise the Planning Board on the inclusion of Historic Sites
in the recommended capital improvement program.
(5)
Recommend to the governing body sites and districts to be designated through amendment of this Article VIIIB. The criteria and procedures for designation are set forth in Section 94-51.4 of this Article VIIIB.
(6)
Advise the Planning Board on development and zoning applications affecting Historic Districts and Historic Sites, in accordance with the procedures established in Section 94-51.6 of this Article VIIIB.
(7)
Review all applications for a Certificate of Appropriateness in accordance with the procedures established in Section 94-51.5 of this Article VIIIB.
(8)
Provide advisory, educational and informational services to
promote historic preservation in the Borough.
A.
Criteria for designation. The Commission shall consider for nomination
districts and sites that have integrity of location, design, setting,
materials, workmanship and association and that meet one (1) or more
of the following criteria:
(1)
Character, interest or value as part of the development, heritage
or cultural characteristics of the Borough, state or nation.
(2)
Identification with a person or persons who significantly enriched
the Borough, state or nation.
(3)
Site of an historic event which had a significant effect on
the development of the Borough, state or nation.
(4)
Embodiment of distinguishing 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 a site architecturally significant or structurally innovative.
(7)
Unique location or singular physical characteristics that make
a district or site an established or familiar visual feature.
(8)
Likely to yield information important in prehistory or history.
B.
Procedures for designation. Based on the Commission's review of a
potential district or site or upon the recommendations of other Borough
bodies or of interested parties, the Commission shall consider nomination
of a district or a site according to the procedures outlined below:
(1)
The Commission or interested party shall prepare a nomination
report for each proposed district or site. For Historic District designations,
the report shall include a building-by building inventory of all properties
within the district; black and white photographs of representative
properties within the district; a property map of the district showing
boundaries; and a physical description and statement of significance
for the district. For Historic Site designations, the report shall
include one (1) or more black-and-white photographs; the tax lot and
block number of the property as designated on the Official Borough
Tax Map; and a physical description and statement of significance
for the site.
(2)
The Commission shall refer its nomination report to the Planning
Board for review and consideration as an amendment to the Master Plan
of the Borough.
(3)
The Planning Board may schedule a public hearing on the proposed
designation of a district, or site, in accordance with the procedures
set forth for adoption or amendment of the Master Plan as set forth
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. At least
ten (10) days prior to the hearing, the Commission shall, by personal
service or certified mail:
(a)
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 therefor.
(b)
Advise each owner of the significance and consequences of such
designation and of his or her rights to contest such designation.
(c)
Notify each owner of the date, time and place of the hearing.
(4)
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 Borough. A copy of the nomination report shall also be made
available for public inspection at least ten (10) days prior to the
hearing.
(5)
Upon Planning Board review and adoption of the Historic District
or Historic Site designation in the Master Plan, the Commission or
the Planning Board shall forward the adopted Master Plan to the governing
body. The governing body may disapprove or change or take no action
on the adoption of an ordinance to implement the Historic District
or Historic Site aspects of the Master Plan. Governing body action
on Historic District or Historic Site designations shall be otherwise
subject to those procedures and statutes which apply to designation
and regulation of Historic Districts and Historic Sites, including
but not limited to N.J.S.A. 40:55D-65.1 and those that apply to a
change of a zoning designation and the adoption, revision or amendment
of any development regulation.
(6)
Notice of designation shall be made public by publication in
the official newspaper of the Borough and distributed to all municipal
agencies reviewing development applications and permits. A certificate
or letter of designation shall be sent to each owner affected by the
designation.
(7)
A protest of designation status signed by twenty percent (20%)
or more of the property owners within a designated Historic District
or by the owner of the property on which there is a designated Historic
Site may be filed with the Borough Clerk. Such designation shall not
become effective following the filing of such a protest except by
the favorable vote of two-thirds (2/3) of all members of the governing
body.
A.
Actions requiring Certificate of Appropriateness.
(1)
A Certificate of Appropriateness issued by the Commission shall be required before the issuance of a permit for the removal or demolition of any building or structure defined as a dwelling unit in Section 94-5 of the code of the Borough of Merchantville located anywhere in the borough.
(2)
A Certificate of Appropriateness issued by the Commission shall
also be required before the issuance of a permit for the removal or
demolition of any building or structure located anywhere in the borough
(regardless of whether it is a dwelling unit) having a building footprint
of 300 square feet or more.
(3)
A Certificate of Appropriateness issued by the Commission shall
also be required before a permit is issued for any of the following
activities ("Regulated Activity") or, in the event that no permit
is required, before any work can commence on any Regulated Activity
within any Historic District or involving an Historic Site:
(a)
The demolition of an Historic Site or an improvement within
an Historic District.
(b)
The relocation of an Historic Site or an improvement within
an Historic District.
(c)
A change in the exterior appearance of an Historic Site or of
any improvement within an Historic District by addition, alteration
or replacement.
(d)
Any new construction of a principal, or accessory structure
on any Historic Site or in any Historic District.
(e)
Any replacement, alteration in or addition of signs, shutters,
outdoor displays, fences, hedges, awnings, off-street driveway and
parking materials or exterior lighting for an Historic Site or an
improvement within an Historic District.
B.
Actions not requiring Certificate of Appropriateness. A Certificate
of Appropriateness issued by the Commission is not required for:
(1)
A Regulated Activity which is the subject of an application for development before the Planning Board. In such instance, the provisions of Section 94-51.6 shall govern.
(2)
Changes to the interiors of structures.
(3)
Material changes not visible from a public street.
(4)
The repainting, repairing or exact replacement of any existing
improvement, provided that the work does not alter the exterior appearance
of the improvement. The following are some of the activities which
are permitted under this criteria:
(a)
Complete identical replacement of existing windows and doors.
(b)
Repair of existing windows and doors that does not change their
designs, scale or appearance, and the installation of storm doors
and windows;
(c)
Maintenance and repair of existing roofing materials involving
no change in the 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 clapboards, shingles or other
siding (including masonry) involving no change in the design, scale
or appearance of the structure.
(g)
Exterior painting of existing structures using identical colors.
C.
Emergency repair. When a structure or improvement affecting an Historic Site or within an Historic District requires emergency repair, emergency repair may be performed in accordance with borough codes without the necessity of first obtaining a Certificate of Appropriateness. Under such circumstances, the emergency repair performed shall be only such as is necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. A request for the Commission's review shall be made simultaneously with the onset of emergency repair, and no further work shall be performed on the structure until an appropriate request for approval is made and approval is obtained in accordance with the procedures set forth in this article. All work performed under this section shall conform to the criteria set forth in Section 94-51.7 of this article.
D.
Informal review of concept plan for proposed undertakings.
(1)
At the request of applicants considering a regulated activity
that may require a Certificate of Appropriateness, as set forth above,
the Commission shall grant an informal review of a concept plan for
the proposed regulated activity for which the applicant intends to
prepare and submit an application for a Certificate of Appropriateness.
Neither the applicant nor the Commission shall be bound by any informal
review.
(2)
In the case of very minor projects involving exterior repairs
or alterations, the Commission, if the preliminary data and drawings
are sufficiently complete, may grant a Certificate of Appropriateness
at an informal meeting.
E.
Application procedures.
(1)
Applications for a Certificate of Appropriateness shall be made
on forms available from the Zoning Officer at the Zoning Office. Completed
applications shall be delivered or mailed to the Zoning Officer at
the Zoning Office fourteen (14) days prior to a hearing date of the
Commission in order to appear on the agenda for the next hearing date.
(2)
The Zoning Officer shall refer all applications for a Certificate
of Appropriateness to the Commission.
(3)
The Zoning Officer shall advise the applicant of the date, time
and place of the meeting at which his or her application is to be
reviewed at least ten (10) days prior to the hearing. An applicant
shall appear or be represented at any hearing to consider the application.
(4)
If the application is for demolition, the applicant must follow the requirements of Chapter 20 of the Code of the Borough of Merchantville in addition to the requirements of this chapter. In such case the applicant must also provide notice in accordance with Sections 94-91 and 94-92 of the Zoning Ordinance.
(5)
Contents of applications.
(a)
Applications for a Certificate of Appropriateness shall include:
[1]
Complete application forms, which contain a precise written
description of the proposed regulated activity.
[2]
Sufficient photographs of the existing improvement or lot.
[3]
Scaled drawings showing site plan layout and facade elevations
and specifying materials.
[4]
For new construction applications, a streetscape elevation drawn
to scale, showing the new structure in the context of neighboring
buildings.
[5]
The Commission may require the submission of additional information
reasonably necessary to make a decision.
F.
Action on applications.
(1)
The Commission shall reach a decision on the application and
report such decision to the Zoning Officer within forty-five (45)
days of submission or referral of the application to the Commission
by the Zoning Officer. Nothing herein shall prohibit an extension
of time by mutual agreement of the applicant and the Commission.
(2)
If an application is approved, the Commission shall issue a
Certificate of Appropriateness, which shall be forwarded to the Zoning
Officer or Construction Official, as appropriate. If the Commission
disapproves an application, the Commission shall state its reasons,
in writing, in resolution form which shall be forwarded to the Zoning
Officer or Construction Official, as appropriate.
(3)
If the Commission issues a Certificate of Appropriateness, the
Zoning Officer or Construction Official, as appropriate, shall issue
the permit to the applicant and provide the applicant with a copy
of the Certificate of Appropriateness. If the Commission issues a
Certificate of Appropriateness with conditions, the Zoning Officer
or Construction Official, as appropriate, shall include the conditions
in the permit and provide the applicant with a copy of the Certificate
of Appropriateness with conditions. If the Commission disapproves
an application, the Zoning Officer or Construction Official, as appropriate,
shall deny issuance of the permit and provide the applicant with a
copy of the resolution from the Commission. 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 without conditions.
(4)
When a Certificate of Appropriateness has been issued, the Zoning
Officer or the Construction Official, as appropriate, shall, from
time to time, inspect the work approved by the Certificate of Appropriateness
and report to the Commission any work not in accordance with such
Certificate of Appropriateness. The Commission shall also make inspections
of work approved by a Certificate of Appropriateness whenever it considers
such to be desirable.
(5)
A Certificate of Appropriateness shall be valid for a period
of two (2) years from the date of issuance unless reasonable extensions
are granted by the Commission. If a permit is also required for the
regulated activity and is obtained prior to the expiration of said
two (2) year period, then the Certificate of Appropriateness shall
be valid for the life of the permit and any extensions thereof.
A.
The Planning Board shall refer to the Commission every application
for development submitted to the Planning Board for development and/or
zoning changes in Historic Districts or on Historic Sites or identified
in any component element of the Master Plan. This referral shall be
made when the application for development is deemed complete or is
scheduled for a hearing, whichever occurs sooner. Failure to refer
the application as required shall not invalidate any hearing or proceeding.
The Commission shall make its recommendations to the Planning Board,
which shall be conveyed through its delegation of one of its members
or staff to testify orally at the hearing on the application and to
explain any written report which may have been submitted.
B.
The Commission's recommendations shall focus on how the proposed development would affect an Historic Site or Historic District's historic or architectural significance as outlined in Section 94-51.4(A) of this Article VIIIB and shall be guided by the review standards established in Section 94-51.7 of this Article VIIIB. In considering the Commission's recommendations, the Planning Board shall be guided by the same standards.
C.
On all matters referred to the Commission which require approval
or action by the Planning Board, the decision of the Commission shall
be a recommendation only, which may be approved, disapproved or amended
by the Planning Board. In the event that the Planning Board should
disapprove or amend the decision of the Commission, it shall state
its reasons therefor at a public hearing and in its resolution of
memorialization.
A.
In regard to all applications, the Commission shall be guided by
the following standards:
(1)
Every reasonable effort shall be made to provide a compatible
use for a property which requires minimal alteration of the building,
structure or site and its environment or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are
evidence of the history and development of a building, structure or
site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. In the event that replacement is
necessary, the new material should match the material being replaced
in composition, design, color, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplication of features, substantiated by historic,
physical or pictorial evidence rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(7)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural materials
and when such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(10)
Wherever possible, new additions and alterations to structures
shall be done in such a manner that if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
B.
In regard to applications for new construction, additions and alterations,
the following visual compatibility factors shall be considered:
(1)
Height. The height of the proposed building shall be visually
compatible with adjacent buildings.
(2)
The proportion of a building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be compatible with the buildings and places to which it is visually
related.
(3)
The proportion of openings within the facility. The relationship
of the width of the windows to the height of the windows in a building
shall be visually compatible with the buildings and places to which
it is visually related.
(4)
The rhythm of solids to voids in front facades. 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.
(5)
The rhythm of spacing and buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
The rhythm of entrance and/or porch projections. The relationship
of the entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
The relationship of materials, texture and color. The relationship
of the materials, texture and color of the facade and roof of a building
shall be visually compatible with the predominant materials used in
the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall be visually
compatible with the buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building such as walls,
open-type fencing and evergreen landscape masses shall form cohesive
walls of enclosure along a street to the extent necessary to maintain
visual compatibility of the building with the buildings and places
to which it is visually related.
(10)
The scale of a building. The size of a building, the mass of
a building in relation to open spaces, the windows, door openings,
porches and balconies shall be visually compatible with the buildings
and places to which it is visually related.
(11)
The directional expression of the front elevation. A building
shall be visually compatible with the buildings and places to which
it is visually related in its directional character, whether this
be vertical character, horizontal character or nondirectional character.
(12)
Exterior features. A structure's related exterior features,
such as lighting, fences, signs, sidewalks, driveways and parking
areas, shall be compatible with the features of those structures to
which it is visually related and shall be appropriate for the historic
period for which the structure is significant.
C.
In regard to applications for demolition, the following matters shall
be considered:
(1)
Its historic, architectural, cultural or scenic significance
in relation to the criteria established in this article.
(2)
If it is within an Historic District, its significance to the
Historic District and the probable impact of its demolition on the
character and ambience of the Historic District and the criteria which
were the basis of the designation of the Historic District.
(3)
Its potential for use for those purposes currently permitted
by the Zoning Ordinance.
(4)
Its structural condition and the economic feasibility of alternatives
to the proposal.
(5)
Its importance to the Borough and the extent to which its historical
or architectural value is such that its demolition would be detrimental
to the public interest.
(6)
The extent to which it is of such old, unusual or uncommon design,
craftsmanship, texture or material that it would not be reproduced
or could be reproduced only with great difficulty and expense.
(7)
The extent to which its retention would promote the general
welfare by maintaining and increasing the real estate values, generating
business, attracting tourists, attracting new residents, stimulating
interest and study in architecture and design or making the Borough
an attractive and desirable place in which to live.
(8)
Whether the property can be put to reasonable beneficial use
without the approval of the demolition application. The Commission
may ask applicants for additional information to be used in making
this determination.
D.
In regard to applications for removal, the following matters shall
be considered:
(1)
The historic loss to the site of the original location and,
if the present location is within an Historic District, to the Historic
District as a whole.
(2)
The reasons for not retaining the landmark or structure at its
present site.
(3)
The compatibility, nature and character of the current and of
the proposed surrounding areas as they relate to the protection of
the interest and values referred to in this article.
(4)
If the proposed new location is within an Historic District, visual compatibility factors as set forth in Subsection B of this section.
(5)
The probability of significant damage to the landmark or structure
itself.
(6)
If it is to be removed from the Borough, the proximity of the
proposed new location to the Borough, including the accessibility
to the residents of the Borough and other citizens.
A.
Approval: Issuance of a Certificate of Appropriateness shall be deemed
to be final approval pursuant to this Article VIIIB. Such approval
shall neither cause nor prevent the filing of any collateral application
or other proceeding required by any other Borough ordinance to be
made prior to undertaking the Regulated Activity concerning the Historic
Site or the structure in an Historic District or the demolition.
B.
Denial: Denial of a Certificate of Appropriateness shall be deemed
to preclude the applicant from undertaking the Regulated Activity
or demolition applied for.
C.
Postponement of demolition: In its review of applications for demolition,
the Commission may recommend the postponement of demolition for a
period not to exceed one (1) year. The Commission shall utilize this
time period to consult with the governing body, the New Jersey Department
of Environmental Protection and Energy or other similarly qualified
organizations to ascertain how the Borough may preserve the site or
improvement to be demolished. The Commission shall be empowered to
assist the owner in developing plans to preserve the site or improvement
when moving or demolition would be a great loss to the Borough.
D.
Appeals: The granting or the denial of a Certificate of Appropriateness
and/or the action of the Zoning Officer and/or Construction Official
in reliance upon same may be appealed to the Planning Board in the
same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-72.
Nothing herein shall be deemed to limit the right of judicial review
of the Borough action after an appeal is concluded by the Planning
Board.
A.
Any person who shall undertake any Regulated Activity which affects
an Historic Site or an improvement within an Historic District or
removes or demolishes a building or structure which requires a Certificate
of Appropriateness, without obtaining the approval of the Commission,
shall be deemed to be in violation of this article.
B.
Upon learning of the violation, the Zoning Officer and/or Construction
Official shall personally serve upon the owner of the property whereon
the violation is occurring a notice describing the violation in detail
and giving the owner ten (10) days to abate the violation by restoring
the site or improvement to the condition it was in prior to the violation.
If the owner cannot be personally served within the Borough with said
notice, a copy shall be posted on the site and a copy sent to the
owner at his last known address as it appears on the Borough tax rolls.
C.
In the event that the violation is not abated within ten (10) days
of service or posting on site, whichever is earlier, the Zoning Officer
and/or Construction Official shall cause to be instituted any appropriate
action or proceeding to prevent such unlawful activity; to restrain,
correct or abate such violation; to prevent the occupancy of said
site or improvement; or to prevent any illegal act, conduct, business
or use in or about such site or improvement.
D.
If any person shall undertake any Regulated Activity or shall remove or demolish a building or structure requiring a Certificate of Appropriateness without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and take any necessary measures to preserve the site or improvement affected, pending a decision. If the Certificate of Appropriateness is denied, he or she shall immediately restore the site or improvement to its pre-activity status. The Zoning Officer and/or Construction Official is hereby authorized to seek injunctive relief regarding a stop action on restoration in the Superior Court, Chancery Division, not less than ten (10) days after the delivery of notice pursuant to Subsection B hereof.
E.
In the event that any regulated activity or demolition or removal
of a building or structure that requires a Certificate of Appropriateness
which would permanently and adversely change a property is about to
occur without approval having been issued, the Zoning Officer and/or
Construction Official is empowered to apply to the Superior Court
of New Jersey for injunctive relief as is necessary to prevent such
actions.
No duties or powers of the Commission shall supersede or infringe
on the powers of other borough boards or committees.
