The terms set forth hereinafter shall have the following meanings:
ADMINISTRATIVE OFFICER
The Zoning Officer of the municipality, unless a different
municipal official or officials are designated by resolution of the
governing body to handle the administration of this chapter and attend
the Land Use Board meetings as deemed necessary.
APPLICANT
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.
APPLICATION FOR DEVELOPMENT
An application to the Land Use Board of the Borough of Tuckerton
for approval of a major or minor subdivision plot or site plan, planned
development, conditional use or zoning variance.
BUILDING
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.
CERTIFICATE OF APPROPRIATENESS
A document indicating permission to commence work or activity
on a structure located within the historic district or on a designated
historic site.
COMMISSION
The Historic Preservation Advisory Commission established
pursuant to the provisions of this chapter.
CONSTRUCTION OFFICIAL
The officer in charge of the granting of building or construction
permits in the Borough of Tuckerton.
DEMOLITION
Partial or total razing or destruction of any historic site
or of any improvement within a historic district.
HISTORIC DISTRICT
Shall be coterminus with and include that area shown on the Zoning Map of the Borough of Tuckerton and identified as other districts as are designated in accordance with the procedures set forth in §
187-4 hereof.
HISTORIC DISTRICT RESOURCES
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
A.
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
B.
CONTRIBUTINGAny 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;
C.
NONCONTRIBUTINGAny 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.
HISTORIC LANDMARKS or LANDMARK
Any buildings, structures, sites, or districts which possess integrity of location, design, setting, materials, workmanship, and association, which meet the criteria set forth in §
187-4A.
IMPROVEMENT
Any structure or any part thereof installed upon real property.
INTEGRITY
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.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this chapter.
INVENTORY
A list of historic properties determined to meet criteria
of significance specified herein.
MAJOR EXTERIOR RENOVATIONS
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.
MASTER PLAN
The Master Plan of the Borough of Tuckerton, as amended from
time to time, compiled pursuant to the Municipal Land Use Law.
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.
NATIONAL REGISTER CRITERIA
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.
ORDINARY MAINTENANCE
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.
PERMIT
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.
PERSON
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.
PRESERVATION
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.
PROTECTION
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.
REMOVAL
The act of partially or completely causing a structure or
portion of a structure to change to another location, position, station
or residence.
SECRETARY OF THE INTERIOR'S STANDARDS
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.
STRUCTURE
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.
SURVEY
The inventory of buildings, structures, sites, objects, improvements
and districts located within the Borough of Tuckerton which is conducted
by the Advisory Commission for the ascertainment of their historical
significance pursuant to the provisions of this chapter.
SURVEY DATA
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
VISUAL COMPATIBILITY
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 Tuckerton
a Commission to be known as the Historic Preservation Advisory Commission
of the Borough of Tuckerton.
A. Composition of the Historic Preservation Advisory Commission. The
Historic Preservation Advisory Commission shall be comprised of five
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; and
(c)
To the extent available from within the Borough of Tuckerton,
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 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 Tuckerton,
i.e., individuals who are either residents of the Borough or property
owners in the Borough.
B. Appointment of Historic Preservation Advisory Commission members.
(1) Members of the Historic Preservation Advisory Commission shall be
appointed as provided for in N.J.S.A. 40:55D-107.
(2) Vacancies shall be filled as provided for in N.J.S.A. 40:55D-107.
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
Tuckerton 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.
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 Tuckerton 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 §
187-4 et seq. of this chapter, 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 Tuckerton for inclusion in the Historic Preservation Ordinance.
(3) Hear and decide applications for certificates of appropriateness pursuant to §
187-6 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 §
187-4.
(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 Tuckerton on the state of historic preservation in
the Borough and to recommend measures to improve same.
(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
Tuckerton.
(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.).
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.
(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.
(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 Tuckerton 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 Tuckerton shall have the
right to have the building inspected by its own engineer at the Borough's
sole cost and expense.
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.
(5) The applicable matters set forth in §
187-8A of this chapter.
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 §
187-8B of this chapter:
(1) The compatibility, nature and character of the current and of the
proposed surrounding areas as they relate to the intent and purposes
of this chapter.
(2) If the proposed new location is within an historic district, the visual compatibility factors as set forth in §
187-8F 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 §
187-8F of this chapter.
E. Other considerations on applications for certificates of appropriateness. In regard to an application for approval pursuant to §
187-6 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 Tuckerton 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 Tuckerton may
hereafter determine and adopt and depending upon whatever funds the
Borough of Tuckerton hereafter may make available for such a purpose.
The Advisory Commission shall from time to time inventory other
individual properties in the Borough of Tuckerton 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 Tuckerton 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.