[Ord. No. 1066 preamble]
The City of Sea Isle City celebrated its 100th Anniversary in the year 1982; and the City is desirous of preserving for future generations the buildings and memorabilia of the City and the Centennial Committee and desires to protect its historic resources and to comply with State and Federal Historic Preservation Legislation. The City desires to maintain and survey its historic resources and to provide public participation in local historic projects and events.
[Ord. No. 1066 § 1]
The City of Sea Isle City Historic Preservation Commission is hereby established.
[Ord. No. 1066 § 2; Ord. No. 1431 §§ XCIX, C]
There is hereby created the Sea Isle City Historic Preservation Commission. The Commission shall be comprised of seven members and two alternates classified as set forth below, appointed by the Mayor. The Commission shall strive to, at all times, comply with the "New Jersey Conservation Restriction and Historic Preservation Restriction Act," N.J.S.A. 13:8B-1, and the "National Historic Preservation Act of 1966," 16 U.S.C. 470 et seq., as amended. The Historic Preservation Commission shall:
a. 
Prepare a survey of historic sites of the City;
b. 
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implication for preservation of historic sites of any other master plan elements;
c. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;
d. 
Advise the Planning Board and the Board of Adjustment on applications for development;
e. 
Provide written reports on the application of the Zoning Ordinance provisions concerning historic preservation, to the administrative officer in charge of issuance of building permits;
f. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the City;
g. 
Identify and record historic buildings, structures, sites, objects, or districts and evaluate these resources against the criteria outlined in this section. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition;
h. 
Advise the Governing Body on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan therefor; secure State, Federal and other grants and aid to assist therein and monitoring such projects once underway;
i. 
Recommend to the applicable County, State and Federal agencies, where appropriate, recognition of historic buildings, structure, sites or objects;
j. 
Request the Governing Body to seek, on its own motion or otherwise, injunctive relief for violations of this chapter or other actions contrary to the intent and purpose of this chapter.
[Ord. No. 1066 § 3]
a. 
The Commission shall be comprised of nine residents of the City appointed by the Mayor and divided into the following classes:
Class A: Persons knowledgeable in building design and construction or in architectural history.
Class B: Persons knowledgeable or with a demonstrated interest in local history.
Class C: Citizens of Sea Isle City who hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment.
Alternates: There shall be two alternates, with the same qualifications as Class C members, designated Alternate 1 and Alternate 2 who may participate in discussions but may not vote except in the absence or disqualification of a regular member. Alternate 1 shall vote first.
b. 
At least four members of the Commission shall be from Class A and B.
c. 
The term of regular members shall be four years; and of alternates, two years. The initial terms shall not exceed these limits and shall be so determined that to the greatest practicable extent the expiration of terms shall be distributed evenly.
d. 
Vacancies shall be filled for the unexpired term only.
e. 
Notwithstanding anything above, the term of any member common to the Planning Board or Zoning Board of Adjustment shall be for the term of the term of membership on the Board.
[Ord. No. 1066 § 13; Ord. No. 1431 § CI]
The Governing Body shall make provisions for the expenses of the Historic Preservation Commission pursuant to N.J.S.A. 40:55D-108.
[Ord. No. 1066 § 4]
The Commission shall elect a Chairman and Vice-Chairman from its members, and select a Secretary who may or may not be a member of the Commission or a municipal employee.
[Ord. No. 1066 § 5]
a. 
The Commission shall reorganize annually, each January;
b. 
The Commission shall adopt internal and/or administrative rules and procedures;
c. 
A quorum shall be four members; and
d. 
All commission meetings shall be subject to the Open Public Meeting Act.
[Ord. No. 1066 § 6]
a. 
The Commission shall recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status and for review of development applications or permits affecting historic landmarks or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
b. 
The Commission shall consider for historic designation buildings, structures, objects, sites and districts within the City which merit landmark designation and protection of possessing integrity of location, design, setting, materials, workmanship, or association, based on its review or upon the recommendation of other City bodies of concerned citizens.
c. 
The Commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries, and a map. The Commission shall by certified mail:
1. 
Notify each owner that his/her property is being considered for historic landmark designation and the reasons therefor. No historic landmark shall be designated in the absence of the owner's consent.
2. 
Advise each owner of the significance and consequences of such designation, and advise him/her of his/her opportunities and rights to challenge or contest such designation.
3. 
Notify each owner of the public meeting to be held.
d. 
The list of potential landmarks as well as the description, significance, location, boundaries, and map of each, shall be subject to review at a Commission public hearing. At least 10 days before such a hearing, a preliminary list and a map showing proposed landmarks shall be published, together with notice of the hearing, in an official newspaper of the City. At the hearing, interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for landmark designation. The Commission shall then vote on its recommendations to the Planning Board for resources to be designated as local landmarks.
e. 
The Commission shall prepare a concise report of its recommendations for sites to be designated as local landmarks. Copies of the report shall be delivered to the Planning Board and the City Clerk and a notice of action published by the Commission Secretary in an official newspaper. The published notice shall state the Commission's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than forty-five days from the date of publication.
[Ord. No. 1066 § 6; Ord. No. 1431 § CII]
a. 
Final determination that landmark status exists shall be made by the Planning Board. Such a final determination by the Planning Board shall create landmark status. A certificate of designation shall be issued by the Planning Board. Within seven days of the creation of landmark status, the Planning Board shall by certified mail notify the owner of the property involved in the determination and advise him/her of his/her rights with respect to an appeal of the determination to the Mayor.
b. 
A member of the public may seek to appeal the status directly to the Mayor upon giving notice to:
1. 
The owners and persons of record as objecting thereto; and
2. 
The Planning Board. Such appeal shall be made within 45 days of the Planning Board's determination. The Mayor shall have the power to either affirm, modify or vacate the decision of the Planning Board as it deems proper.
c. 
After Planning Board review and approval, the Commission shall submit the list of designated landmarks and a map to the City Clerk for filing. The Governing Body shall then consider the designation list and map, and may approve, reject or modify same by ordinance. Once adopted, the designation list may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the municipal Master Plan and zoning ordinance.
d. 
Copies of the designation list and official map as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included in the list, and a true copy thereof shall be filed with the County Clerk for recording in the same manner as a certificate of a lien upon real property.
[Ord. No. 1066 § 7]
All building permit, demolition and development applications affecting a historic landmark shall be reviewed by the Commission. Such review shall be required for, but not limited to the following which are merely listed as examples: demolition, relocation, changes in exterior appearance, construction of any improvements, changes in signs or lights, site plan review of subdivisions or zoning variance requests, and so on.
[Ord. No. 1066 § 8]
In regard to an application for any approval of proposed action the following matters shall be considered:
a. 
If the historic landmark or structure in a historic district is involved:
1. 
The impact of the proposed change on its historic and architectural significance as defined in this section;
2. 
Its importance to the municipality and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest; and
3. 
The extent to which there would be the involvement of textures and materials that could not be reproduced only with great difficulty and expense.
b. 
The use of any structure involved.
c. 
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within a historic district from a public street.
d. 
The impact the proposed change would have on its character and ambience and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth herein.
e. 
Additional Matters Considered. In regard to all applications, additional pertinent matter may be considered.
f. 
Visual Compatibility Factors. In assessing the effect of any proposed change on an application concerning any landmark, the following "visual compatibility" factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related.
1. 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
2. 
Proportion of the Building's Front Facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
3. 
Proportion of Openings with Facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
4. 
Rhythm of Solids to Voids on Facades Fronting on Public Places. The relationship of solids to voids in such facades of a building shall be visually compatible with the buildings and places to which it is visually related.
5. 
Rhythm of Spacing of 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. 
Rhythm of Entrance and/or Porch Projection. The relationship of entrance and porch projections to the street to which it is visually related.
7. 
Relationship of Materials, Texture and Color. The relationship of materials, texture and color of the facade and roof of the building shall be visually compatible with the predominant materials used in the building to which it is visually related.
8. 
Roof Shape. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
9. 
Walls of Continuity. Appurtenances of a building such as walls, open type fencing, evergreens, or 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. 
Scale of a Building. The size of a building, the mass of a building in relationship 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. 
Directional Expression of Front Elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its dimensional 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, and driveways shall be compatible with the features of those structures which it visually relates to and shall be appropriate for the historic period for which the building is significant.
[Ord. No. 1066 § 9]
In regard to an application to demolish a historic landmark the following matters shall be considered:
a. 
Its historic, architectural, cultural or scenic significance in relation to the criteria established in this section.
b. 
Its significance as a contributing resource and the probable impact of its removal in the area.
c. 
Its potential for use for those purposes currently permitted by the zoning ordinance.
d. 
Its structural condition and the economic feasibility of alternatives to the proposal.
e. 
Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
f. 
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 and expense.
g. 
The extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artist and artisans; attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Sea Isle City; stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live.
[Ord. No. 1066 § 11; Ord. No. 1431 § CIII]
Appeals from recommendations or orders of the Commission shall be to the Administrator.
[Ord. No. 1066 § 15]
Any person who undertakes any activity affecting a historic landmark or any improvement within a historic district which is regulated by this section, without obtaining review by the Historic Preservation Commission, shall be in violation of this section.
a. 
On any violation, the Construction Official shall serve a notice describing the violation and demanding abatement within 10 days; and notifying the owner or person present that they must immediately stop and cease any further activity whatsoever. The owner or other persons shall immediately stop any activity.
b. 
The Construction Officer may also:
1. 
File complaint in the Municipal Court; and/or
2. 
Seek injunction relief or restraints in any Court of competent jurisdiction.
c. 
Each separate day a violation exists shall be deemed to be a new and separate violation.
d. 
Any person violating the provisions of this chapter shall be subject to a fine or not more than $500 and/or 10 days in prison.