[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton 8-20-2018 by Ord. No. 5-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Construction — See
Ch. 107.
Uniform construction codes — See Ch.132.
Property maintenance — See Ch. 210.
Subdivision of land — See Ch. 231.
Zoning — See Ch. 255.
[1]
Editor's Note: This ordinance also repealed former Ch. 187,
Landmarks Preservation, adopted 11-1-1982 by Ord. No. 6-1982, as amended.
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 Tuckerton 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 resolution of the
governing body 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 Tuckerton.
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 Tuckerton
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 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 Tuckerton.
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 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.
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status;
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;
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.
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.
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 structure or any part thereof installed upon real property.
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 list of historic properties determined to meet criteria
of significance specified herein.
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.
The Master Plan of the Borough of Tuckerton, 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 Tuckerton 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.
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.
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.).
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 Tuckerton. The
governing body of the Borough of Tuckerton 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 Tuckerton shall be appropriately amended pursuant to law.
(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 Tuckerton 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 Tuckerton Historic Preservation Advisory Commission.
B.
Order of procedure. The order of procedure at all public hearings
of the Tuckerton Historic Preservation Advisory Commission shall be
as follows:
(1)
Opening of the hearing by the Chairperson.
(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 Tuckerton. 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 Tuckerton 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 Municipal 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
30 feet scale, minimum, 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 Tuckerton Times in
the same manner as notice of formal action by the Tuckerton 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.
(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.
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:
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.
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. Appropriate
application and escrow fees apply.
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 Tuckerton, 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
Advisory 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 Tuckerton 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 penalties of $250 minimum fine and possible prison time.
Each day that a violation of this chapter continues shall be a separate
chargeable offense. Any person violating or failing to comply with
any of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 and not more than $1,000
or by imprisonment for a term not to exceed 90 days, or both such
fine and imprisonment, in the discretion of the municipal court judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate 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 Tuckerton may apply to the Superior Court
of New Jersey for such injunctive relief as is necessary to prevent
the destruction of any landmark.
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 Tuckerton 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 Tuckerton, the deterioration jeopardizes
the continuing existence of the landmark or improvement, the Construction
Official of the Borough of Tuckerton 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 Tuckerton 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 Tuckerton.
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.
