[Ord. No. 00-40, 7-24-2000]
A.
This section establishes the circumstances, conditions and procedures
to obtain a Certificate of Appropriateness from the Historic Preservation
Commission as it pertains to exterior architectural features, applications
for a permit from the Zoning Officer and/or Construction Official
or for applications for development for properties in any Historic
District Zone District or for designated historic sites situated elsewhere
in the Township. No zoning permit where such is required shall be
issued unless a Certificate of Appropriateness has been issued previously
by the Historic Preservation Commission and when additionally required
an approval has been granted by the appropriate Neptune Township Planning
Board or Zoning Board.
B.
It shall be the duty of the Zoning Officer or his designee of the
Township to review and submit to the Historic Preservation Commission
all plans for the construction, alteration, repair, restoration or
demolition of structures located in any Historic District Zone including
any changes in the existing exterior elements of the building and
other improvements on the site that can be seen from the outside,
except for landscaping outside of the Historic Flared Avenue Open
Space and walls less than 18 inches in height. All applications for
site plan, subdivision, variance, conditional use, appeal or interpretation
as is specified herein shall additionally be reviewed in accordance
with the requirements of this Chapter.
[Amended 12-9-2002 by Ord. No. 02-41]
C.
No building or structure shall be erected, reconstructed, altered,
restored or demolished until the Historic Preservation Commission
shall approve an application for a building or demolition permit in
relation to those exterior architectural features which are subject
to public view from a public street or place.
[Ord. No. 00-40, 7-24-2000]
In addition to the prevailing applicable submission requirements
of the Township for zoning permits, development applications, demolition
or relocation permits and any other actions that would affect the
exterior appearance of a structure or of its site, the following requirements
also pertain to properties located in an Historic District or other
formally designated sites elsewhere in the Township. The following
(in two copies each) shall be submitted with the application for a
Certificate of Appropriateness to the Secretary of the Historic Preservation
Commission.
A.
(Reserved)
B.
Drawings at a scale of not less than 1/4 inch equals one foot showing
the proposed improvements in the plan and changes of all affected
elevations; drawings shall be prepared by either a licensed architect
or by the property owner, accompanied by an affidavit of ownership
and shall contain the name of the person who prepared the plan and
the date of preparation, as required by the laws of the State of New
Jersey. This requirement shall not apply to applications relating
to single-family dwellings where construction permits are not required.
C.
Drawings shall be in sufficient detail to show the conformity of
the proposal with the particular architectural style of the structure
as documented by prototype drawings contained in Design Guidelines
or other accepted sources and the general compatibility and appropriateness
of the applicant's proposal and show dimensional relationship to adjoining
structures.
D.
As-built drawings at a scale of 1/4 inch equals one foot or photographs
of all sides of the structure in its present design and condition
to enable the Historic Preservation Commission to determine the compatibility
of the applicant's proposal with the design type and existing characteristics
of the structure.
E.
Detailed information shall be provided on the construction materials,
color, design and any of the following or other elements of the proposal
to provide a clear and comprehensive understanding for the Historic
Preservation Commission in its determination of the compatibility
of the proposal:
1.
Roof design materials and surfacing;
2.
Walls, siding, pattern of shingles and painting;
3.
Windows: style, relationship to each other, awnings, shutters;
4.
Doors;
5.
Ornaments or trim, awnings, screening or privacy screening;
6.
Colors/materials (see color chips available in the Office of the
Secretary of the Historic Preservation Commission);
7.
Railings, porches, fences, gutters and leaders;
8.
Chimneys;
9.
Fences; walls greater than 18 inches in height;
[Amended 12-9-2002 by Ord. No. 02-41]
10.
Garbage can enclosures, trash receptacles, dumpsters, accessory
structures and pool;
[Amended 12-9-2002 by Ord. No. 02-41]
11.
Garages, carports, driveways, sidewalks, patios and curbs/curb
cuts;
12.
Signs, vending machines, lighting and telephones;
13.
TV antennas, communication antennas and other exterior communication
devices;
14.
Solar energy installations;
15.
Outdoor furniture for accessory use of a principal (nonresidential)
use, such as a restaurant's outdoor eating section;
16.
Street furniture generally relative to a public use or a semi-public
(e.g., Camp Meeting Association) user;
17.
For new construction, except single-family dwellings, utilities
shall be placed underground and site plans shall show the placement
of same; statements from the relevant public utility company may be
requested by the Historic Preservation Commission.
[Ord. No. 00-40, 7-24-2000]
The following types of applications shall be subject to review
by the Historic Preservation Commission for a Certificate of Appropriateness
(other than those aspects of an application for development which
has been approved by the Planning Board or Zoning Board of Adjustment,
as the case may be):
A.
Any exterior alteration on existing structures or buildings or other
improvements on their sites, including, but not limited to windows,
doors, shutters, balustrades, railings, columns, cornices, moldings,
trim, stairs, steps, porches, walks, patios, siding, gutters, signs,
solar panels, fences, walls greater than 18 inches in height, and
roofs, etc., in any historic zone district or other designated sites
in the Township. The repainting of any exterior existing structure,
building or improvement in the same color shall be specifically excluded
from the requirements of this paragraph. In addition to the above-mentioned
exclusions, any painting of any part of the exterior, existing structure,
building or improvement in any of the historic colors approved by
the Historic Preservation Commission by resolution and on display
in the office of the Secretary of the Historic Preservation Commission
shall be specifically excluded from the requirement of this section
of the application.
[Amended 12-9-2002 by Ord. No. 02-41]
B.
Applications for construction permits for new construction or alteration
in any historic zone district.
C.
Applications for construction permits to demolish a structure in
any historic zone district or any other designated site in the Township.
D.
Applications to relocate a structure in a historic zone district
or any other designated site in the Township.
E.
The construction of new sidewalks or changes to existing sidewalks
within the public right-of-way.
[Ord. No. 00-40, 7-24-2000]
A.
Persons interested in obtaining Historic Preservation Commission
approval for proposed work are encouraged to apply directly to the
Historic Preservation Commission for review and approval. At their
option, they may apply to the Administrative Officer.
B.
A presentation for review before the Historic Preservation Commission
shall be set for no later than 45 days from receipt by the Historic
Preservation Commission of the complete application.
C.
Notice of such a review shall be sent by regular mail or personal
delivery to the applicant with a copy to the Construction Official
and if the application was referred to the Historic Preservation Commission
by the Planning Board or Zoning Board of Adjustment, a copy shall
be sent to the Planning Board or Zoning Board.
D.
The Historic Preservation Commission may take testimony from the
applicant or any other interested party which is necessary and relevant
for its architectural review.
[Ord. No. 00-40, 7-24-2000]
A.
Within 45 days from the receipt by the Historic Preservation Commission
of a complete application or such additional period of time as extended
by mutual consent by the applicant and the Historic Preservation Commission,
the Historic Preservation Commission shall make a determination and
report as to whether the proposal is consistent with the regulations
set forth in this Chapter.
B.
For an application for the issuance of a permit from the Zoning Officer
and/or Construction Official, if within the 45 days of referral of
a permit application to the Historic Preservation Commission, the
Historic Preservation Commission recommends against the issuance of
the permit and does not grant a Certificate of Appropriateness or
recommends conditions to the permit in the form of a Certificate of
Appropriateness, the Zoning Officer and/or Construction Official shall
deny the issuance of the permit or include the conditions in the permit
as the case may be.
C.
Failure to make a determination within the forty-five-day period,
unless extended as set forth in Paragraph A above, shall be deemed
to constitute the issuance of the Certificate of Appropriateness without
the recommendations of conditions to the Certificate of Appropriateness.
D.
For applications before the Planning Board or Board of Adjustment,
advice shall be conveyed through the delegation of one of Historic
Preservation Commission's members or staff to testify orally at the
hearing on the application and to explain any written report which
may have been submitted.
[Ord. No. 00-40, 7-24-2000]
A.
Issuance of a Certificate of Appropriateness shall be deemed to be
final approval pursuant to this Article. Such approval shall neither
cause nor prevent the filing of any collateral application or other
proceeding required by any other municipal ordinance to be made prior
to undertaking the action requested vis-a-vis the site or structure
in the historic district.
B.
A denial of a Certificate of Appropriateness shall be deemed to preclude
the applicant from undertaking the activity applied for.
[Ord. No. 00-40, 7-24-2000]
Any decision by the Historic Preservation Commission to deny a Certificate of Appropriateness or a demolition permit may be appealed to the Zoning Board of Adjustment in the manner set forth in Section LDO-706 (Appeals and applications to the ZBOA) of the Zoning Ordinance. The applicant shall also be required to provide the Historic Preservation Commission with written notice of such an appeal simultaneously with the filing of the appeal to the Zoning Board of Adjustment.
[Ord. No. 00-40, 7-24-2000; amended 7-30-2007 by Ord. No. 07-46]
[Amended 7-30-2007 by Ord. No. 07-46]
The Township Committee declares that revisions to the demolition
application procedure for all structures located within Ocean Grove
are critical to insure historic preservation and to maintain the designation
of Ocean Grove as a National Historic District. To insure preservation,
the Township Committee concludes that revisions to the demolition
application procedure are necessary in order to establish strict guidelines
to provide for the review and evaluation of demolition applications
so as to prevent widespread demolition of historic structures within
Ocean Grove. The Township Committee states that all applications for
demolitions or partial demolitions shall be submitted, reviewed and
determined by the Historic Preservation Commission in accordance with
this section. Further, the Township Committee is determined to impose
sanctions for those property owners or developers within Ocean Grove
who unilaterally act to demolish or partially demolish a structure
within Ocean Grove without the requisite approvals as required herein.
The Township Committee declares that such actions are necessary to
preserve the historic character of Ocean Grove and the designation
of Ocean Grove as a National Historic District. The Township Committee
further declares that the process to review and consider demolition
and partial demolition applications should further include a clear
and concise appeal process for any Applicant who believes the Historic
Preservation Commission has acted arbitrarily in the review and determination
of any application. Finally, the Township Committee believes that
such revisions are necessary to clearly define the rights and responsibilities
of all applicants, property owners and the Historic Preservation Commission
in the evaluation of all demolition applications within Ocean Grove.
[Amended 7-30-2007 by Ord. No. 07-46]
As used in this section, the following terms shall have the
following subscribed meanings:
The "Neptune Township Historic Preservation Commission,"
"Historic Preservation Commission" or the "HPC."
Includes those structures located within Ocean Grove originally
constructed circa 1910 through 1941, which generally include and consist
primarily of Colonial Revival, Shingle Style, American Four-Square,
Bungalow/Craftsman and other Late Pattern Book Victorian as classified
or recognized by the Commission. Contributing structures shall not
be demolished except where the Commission determines that such demolition
or partial demolition shall not be detrimental to the historic designation
and shall satisfy the criteria established herein. Contributing structures
shall be carefully scrutinized by the Commission prior to the issuance
of a demolition approval and the issuance of a demolition permit by
the Construction Official to demolish or partially demolish a Contributing
Structure within the Historic District.
The total demolition of 50% or more of the exterior walls,
visible pier foundations and, as applicable, alterations, refinements
or removal to the roof assembly (as defined herein) including any
ornamentation, eyelids, soffits, overhangs, dormers, turrets, towers
or roof form of any structure, as determined by a qualified professional,
situate within the Historic District and which shall consist of the
razing or removal of said structure and/or the removal of such of
the distinguishing or defining characteristics (as applicable) to
the style of such structure or the removal of any architecturally
or historically significant exterior elements from the structure which
define or contribute to its classification within the Historic District.
Demolition, as defined herein, shall require any owner to obtain a
demolition permit in accordance with the requirements established
herein and any such additional requirements as established by the
Construction Department. Any such Demolition Permit shall be issued
by the Construction Official. Nothing herein shall excuse compliance
with all applicable ordinances of the Township of Neptune related
to Land Use.
[Amended 12-14-2009 by Ord. No. 09-42]
The process by which an Applicant applies to the Historic
Preservation Commission for an approval to demolish or partially demolish
a structure within the Historic District as provided herein. A demolition
approval granted by the Historic Preservation Commission advises the
Construction Official that the Applicant has satisfied the requirements
hereunder and authorizes the Construction Official to issue a permit
for a demolition or partial demolition subject to any further additional
requirements of the Construction Official provided under Neptune Township
Ordinance, applicable current state regulations or building codes.
An approval issued by the Historic Preservation Commission
for a demolition or partial demolition pursuant to the terms herein
which authorizes the Construction Official to issue a permit for a
demolition or partial demolition to the Applicant subject to any further
additional requirements of the Construction Official provided under
Neptune Township Ordinance, applicable current state building regulations
or building codes.
Shall result in the demolition or partial demolition of any
structure created or occurring by decay, rot and/or deterioration
of such structure caused or created by the neglect of the Owner of
the said structure to properly maintain the structure causing the
structure to become unsafe.
As used herein shall refer to those architecturally or historically
significant elements of a structure, including, but not limited to,
the style of the structure, massing, exterior features, including
materials, finials, brackets, ornamental designs, turrets, gables,
pents, or roofline, or such other features applicable to that structure
or era of construction.
As used herein shall mean a wall, bearing or non-bearing,
that is used as an enclosing wall for a structure, other than a fire
wall, and that has a slope of 60° (1.05 rad) or greater with the
horizontal plane.
Includes any structure, commercial building of any type,
residential or non-residential building or dwelling situate within
that portion of Neptune Township identified as Ocean Grove.
Any demolition or partial demolition of a structure within the Historic District undertaken, commenced, started, completed or otherwise proceeding without first obtaining a demolition approval from the Historic Preservation Commission (except as may be provided pursuant to Subsection LDO-907.17 (Exceptions) and an actual demolition permit issued by the Construction Official shall be deemed an illegal demolition for purposes of this section.
Includes all structures located within Ocean Grove originally
constructed circa 1869 through 1910, which generally include building
styles identified as Eastlake, Gothic Revival, Italianate, Stick Style,
Queen Anne, Tent/tent Cottages, Bungalow/Craftsman and Early Summer
Cottage Vernacular styles as classified or recognized by the Commission.
Key structures shall not be demolished except where the Commission
determines that such demolition or partial demolition shall not be
detrimental to the historic designation and shall satisfy the criteria
established herein. Key structures shall be carefully scrutinized
by the Commission prior to the issuance of a demolition approval and
the issuance of a demolition permit by the Construction Official;
to demolish or partially demolish a Key Structure within the Historic
District.
Includes those dwellings or structures constructed after
World War II which may not contribute to the overall historic styles
or craftsmanship of its preceding historic dwellings or structures
as classified or recognized by the Commission.
The removal or demolition of not less than 15% nor more than
50% of the exterior walls visible pier foundations and, as applicable,
alterations, refinements or removal to the roof assembly (as defined
herein) including any ornamentation, eyelids, soffits, overhangs,
dormers, turret, towers or roof form of any Key, Supporting or Contributing
Structure located within the Historic District, as determined by a
qualified professional and approved or confirmed by the Commission
and/or the removal of such architecturally or historically significant
features which would compromise the classification of a structure
within the Historic District as determined by the Commission. An Owner
seeking to partially demolish a portion of a Key, Supporting or Contributing
Structure shall obtain a demolition permit in accordance with the
requirements established herein and any such additional requirements
established by the Construction Department. Any such Demolition Permit
will be issued by the Construction Official. Partial Demolition shall
not include those structures classified as "Other Structures" by the
Commission, which shall not require a formal demolition application
for a partial demolition. However, an Applicant shall be required
to obtain a Certificate of Appropriateness from the Commission upon
application and approval. Nothing herein shall excuse compliance with
all applicable ordinances of the Township of Neptune related to Land
Use.
[Amended 12-14-2009 by Ord. No. 09-42]
Shall mean and consist of any isolated masonry or cast-in-place
concrete structural elements extending into firm materials which are
visible on the structure.
[Added 12-14-2009 by Ord.
No. 09-42]
An expert qualified in the field of engineering, structural
engineering, architecture, architectural history, prehistoric archeology
or historic archeology or similar related discipline.
A system designed to provide weather protection and resistance
to design loads. The system consists of a roof covering and roof deck
or a single component serving as both the roof covering and roof deck.
A roof assembly includes the roof deck, vapor retarder, substrate
or thermal barrier, insulation, vapor retarder and roof covering.
[Added 12-14-2009 by Ord.
No. 09-42]
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, provided the word "structure" shall be construed
when used herein though followed by this the phrase "or part or parts
thereof and all equipment therein" unless the context requires a different
meaning, and shall include any commercial building of any type, residential
or nonresidential building or dwelling of any type or character, located
within the Historic District, including all accessory or other structures
as defined in this Chapter, Township of Neptune.
Includes those dwellings or structures constructed through
World War II to date which sensitively replicate, emulate or complement
the historic styles of the Victorian Era or the basic form or detail
of the historic dwellings which preceded them as classified or recognized
by the Commission. Supporting structures shall not be demolished except
where the Commission determines that such demolition or partial demolition
shall not be detrimental to the historic designation and shall satisfy
the criteria established herein. Supporting structures shall be carefully
scrutinized by the Commission prior to the issuance of a demolition
approval and the issuance of a demolition permit by the Construction
Official to demolish or partially demolish a Supporting Structure
within the Historic District.
A subcommittee of the Historic Preservation Commission consisting
of a minimum of two Commission members who shall periodically meet
to review current or pending demolition applications or those cases
involving potential illegal demolitions and to review the demolition
application process with current or future Applicant's in order to
resolve any procedural questions or inquiries by any such Applicant
and to make such other recommendations to the Commission as may be
required under this section.
The Neptune Township Zoning Board of Adjustment.
[Amended 7-30-2007 by Ord. No. 07-46]
An Applicant seeking to demolish or partially demolish a structure
within the Historic District shall first submit an application for
a demolition approval to the Secretary, Historic Preservation Commission,
on forms prepared or otherwise prescribed by the Commission. The Applicant
shall provide their name, address and telephone number. In the case
of a contract purchaser, developer, contractor or tenant, the Applicant
shall further provide a written certification or affidavit from the
Property Owner authorizing said contract purchaser, developer, contractor
or tenant to proceed with the demolition application. The Secretary
shall cause said certification or affidavit to be placed on file with
the Commission. Upon receipt of the completed application, the Secretary,
Historic Preservation Commission shall schedule the Applicant for
a meeting with the Tech Review Committee to review the demolition
application process.
[Amended 7-30-2007 by Ord. No. 07-46]
All applications for demolition or partial demolition shall
initially be reviewed by the Tech Review Committee of the Commission.
The Tech Review Committee shall meet with each applicant and review
each application for demolition or partial demolition. In the event
the Tech Review Committee determines that the application is appropriate
for demolition or partial demolition, than the Secretary shall cause
the application to be listed for a demolition hearing before the full
Historic Preservation Commission. If the Tech Review Committee determines
that the application does not require a demolition hearing, it may
convert the application into an application for a Certificate of Appropriateness
and schedule said application for consideration by the Commission,
subject to final approval by the Commission.
[Amended 7-30-2007 by Ord. No. 07-46]
An Applicant scheduled for a Demolition Hearing pursuant to
an application submitted for demolition or partial demolition shall,
a minimum of 10 days prior to the Demolition Hearing, submit the following
to the Commission Secretary:
A.
Any and all escrow and application fees as required by this Chapter
for the within application.
B.
Executed Notice of Hearing mailed to all property owners within 200
feet of the subject property and all governmental or public entities
as required under Neptune Township Ordinance, inclusive of The Township
of Neptune Historical Society, Historical Society of Ocean Grove,
State Office of Historic Preservation, State Historic Sites Committee,
Office of Archaeology and Historic Preservation and the Department
of the Interior and National Trust for Historic Preservation.
C.
Certification or Affidavit of Mailing of such Notice of Hearing to
all property owners within 200 feet of the subject property and all
governmental or public entities as required under Neptune Township
Ordinance.
D.
Affidavit of Publication for publication of a notice of hearing which
shall have been published no sooner than 20 days prior to the scheduled
hearing date or later than 10 days prior to the scheduled hearing
date in an official newspaper of the Township of Neptune. The within
notice shall identify the nature of the application, a description
of the application sought, the physical address of the subject property,
the lot and block number, the date, time and location of the demolition
hearing and the telephone number of the Commission Secretary who can
provide additional information on the application.
E.
Copies of any maps or surveys, photographs or reports of experts
retained by the Applicant to be presented at the demolition hearing.
F.
Such other documentation as may be requested by the Commission.
[Amended 7-30-2007 by Ord. No. 07-46]
Prior to the date fixed for the requisite demolition hearing
required herein, the Applicant shall make the subject property available
to members of the Historic Preservation Commission for their review
and inspection. The dates and times of inspection shall be arranged
between the Commission Secretary and the Applicant and shall be at
such times deemed convenient for Commission members to attend. The
Applicant or his representative shall be present during any such inspection.
[Amended 7-30-2007 by Ord. No. 07-46]
The Commission may, from the escrow paid by the Applicant, retain
an expert(s) for the purpose of independently reviewing any such reports,
treatises or other documents submitted by the Applicant or any expert
retained by the Applicant relative to the demolition application.
Any expert(s) retained by the Commission shall have access to all
reports relative to the application and shall further have access
to the subject property at such times as may be arranged between the
Commission Secretary and the Applicant. At the direction of the Commission,
any such expert(s) retained may be required to submit a written report
and/or provide such expert testimony as may be requested during the
demolition hearing. The cost of such expert shall be the responsibility
of the Applicant and shall be paid from the escrow collected from
the Applicant pursuant to Neptune Township Ordinance 1000, Table II,
Escrow Fees. At the request of the Commission Secretary, the Applicant
shall make such additional escrow payments or contributions necessary
to defer any costs relative to this application including such application
fees, expert fees, legal fees and Court Reporting or transcript preparation
fees incurred by the Commission relative to the application.
[Amended 7-30-2007 by Ord. No. 07-46]
On the date specified in the legal notices set forth herein,
the Commission shall conduct a Demolition Hearing in order to determine
whether to grant the application for Demolition Approval and the authorization
for the issuance of a demolition permit by the Construction Official
for the purpose of a demolition or partial demolition. The within
hearing may be adjourned at the discretion of the Commission to permit
the completion of all required testimony from the Applicant and the
public and to insure a fair, complete and impartial presentation.
The Applicant shall present his application to the Commission for
a determination by the Commission relative to demolition approval.
The Applicant may be represented by counsel. The Applicant may present
testimony to the Commission, including personal testimony, lay and
expert testimony in support of the application. All witnesses may
be questioned by the Commission, the Commission attorney and by the
public. All testimony presented shall be given under oath. The demolition
hearing shall be conducted in the following order:
A.
Introduction of Application to the Commission and public.
B.
Administration of Oath to Applicant and any witnesses.
C.
Marking of any exhibits inclusive of the application and expert reports.
D.
Opening statement of the interest parties (Applicant and Objectors).
E.
Presentation of Applicant's case, which shall include all testimony
of all lay and expert witnesses. At the conclusion of such testimony,
Commission members and the public may ask any questions of the Applicant
or any witness presented by the Applicant.
F.
Presentation of Commission expert (if any). At the conclusion of
such testimony, Commission members, Applicant and the public may ask
any questions of the Commission expert.
G.
Presentation by any Objector (if any), which shall include all testimony
of all lay and expert witnesses. At the conclusion of such testimony,
Commission members, Applicant and the public may ask questions of
any witness presented by the Objector.
H.
Public Comment. The public shall be permitted to make statements
for or against the application. All statements made by the public,
either in support or against the within application shall be made
under oath.
I.
Closing statements by the Applicant and Objector on the subject application.
J.
Conclusion of Hearing. Applicant shall be notified of the waiting
period required under this section, the required posting of notification
and the publication at both the commencement and conclusion of the
waiting period. The Commission will fix dates for the receipt of initial
findings of facts to be prepared by the Commission Attorney and the
date for formal adoptions of such findings of facts. The Chairperson
shall announce all dates to the public.
K.
The Chairperson may modify or amend this procedure set forth above
in order to facilitate an orderly presentation of the matter before
the Commission, including the receipt in evidence of all documents
and exhibits presented and all testimony on the within application.
[Amended 7-30-2007 by Ord. No. 07-46]
The Applicant shall bear the burden of proof in all matters relative to the demolition or partial demolition of a structure within the Historic District. Such burden of proof shall include the presentation of testimony, lay or expert, introduction of exhibits, reports, photographs scientific testing, maps, surveys or any other exhibits which will permit the Commission to make certain findings of fact as set forth in Subsection LDO-907.10 herein. The failure of the Applicant to present such evidence necessary for the Commission to make the requisite findings of fact required herein shall be grounds for denial of the demolition approval and the requisite demolition permit.
[Amended 7-30-2007 by Ord. No. 07-46]
The Historic Preservation Commission shall not approve an application
for demolition approval so as to authorize the Construction Official
to issue a demolition permit for either a total demolition or partial
demolition until after it has conducted a demolition hearing and has
heard and considered testimony relative to the following specified
criteria as applied to each structure within the Historic District,
herein referred to as the "findings of facts." The decision to grant
or deny the demolition approval for a total demolition or partial
demolition and to authorize the Construction official to issue a demolition
permit shall be based upon the criteria set forth herein. The Commission
shall either grant or deny a demolition approval for either a total
demolition or partial demolition and shall make specific findings
of fact based upon the following criteria:
A.
The classification of the structure as a key structure, contributing
structure, supporting structure or other structure as determined by
the Historic Preservation Commission.
B.
The age or approximate age of the current structure together with
the age or approximate age of any additions to the structure.
C.
The specific architectural style of the structure, if such architectural
style can be identified.
D.
The existing ownership, historical ownership, current use and historical
use of the structure.
E.
The rationale or reasoning of the applicant for requesting demolition
or partial demolition.
F.
The architectural and/or historical importance of the structure and
its status within the Historic District or national listings of such
properties after notification by the Historic Preservation Commission
to the appropriate agency(s) charged with this responsibility including,
but not limited to, State Office of Historic Preservation, State Historic
Sites Committee, Office of Archaeology and Historic Preservation,
Department of the Interior and national Trust for Historic Preservation.
G.
Any examples, displays or designs which adopt or promote a seashore
style or vernacular, including design features and craftsmanship located
at the subject property that could not be reproduced easily inclusive
of brackets, finials, window openings, glass windows, pents, decks,
porches, rooflines or such other exterior features.
H.
The structural soundness and integrity of the structure and the economic
feasibility of restoring, repairing or rehabilitating the structure
so as to comply with the requirements of the applicable building codes
as determined by a qualified professional. The within rehabilitation
or restoration may include a gut renovation of the subject property
or an adaptive reuse or revision to the property.
I.
The impact of the demolition or partial demolition on the Historic
District and the surrounding neighborhoods within the Historic District
compared with the existing condition of the property.
J.
The effect such demolition or partial demolition will have upon the
economic base of both the surrounding neighborhood and Historic District.
K.
The effect the demolition or partial demolition would have upon the
public's interest in architectural, historic and aesthetic matters
generally including the maintenance of an existing streetscape, massing
or historic continuity that the structure may be associated with.
L.
The importance of the structure to the Township of Neptune and the
Historic District to the extent that such demolition or partial demolition
would result in the loss of an architecturally and/or historically
significant structure to the detriment of the public interest.
M.
The extent to which the structure represents an historic era by design,
location and/or massing or retains a design or craftsmanship indicative
of the period that it could not be reproduced or reproduced only with
great difficulty.
N.
The location of the subject property in relation to prominent areas
or streets featured within the Historic District whose removal would
negatively impact on the seashore vernacular found in the Historic
District.
[Amended 7-30-2007 by Ord. No. 07-46]
Following the conclusion of the public hearing on the requested
demolition or partial demolition application, there shall be established
a waiting period to a) allow for the preparation of the requisite
findings of fact as required herein; b) to allow a party or interested
parties to establish a procedure for the acquisition of the property
in order to preserve or rehabilitate the subject property. The waiting
period shall be as follows:
A.
In the case of an application for the total demolition of a structure
characterized as a key structure, contributing structure or supporting
structure, a minimum of 90 days to a maximum of 150 days from the
conclusion of the public hearing.
B.
In the case of an application for a total demolition of a structure
characterized as an "other structure," a minimum of 60 days to a maximum
of 120 days.
C.
In the case of a partial demolition to any structure located within
the Historic District, a minimum of 60 days to a maximum of 90 days.
D.
In the case of a key structure, for good cause shown, the Commission
may extend the waiting period an additional 120 days to permit an
interested party to establish a procedure to acquire and preserve
the subject property.
[Amended 7-30-2007 by Ord. No. 07-46]
Commencing after the conclusion of the demolition hearing and for the length of waiting period specified in Subsection LDO-907.11 herein, the Applicant shall cause notice of the proposed demolition or partial demolition to be publicly advertised as follows:
A.
By posting a notice of the proposed demolition or partial demolition
in a conspicuous location at the proposed structure facing the street
fronting the subject property. In the case that the affected property
shall front on two public streets; the within notice shall be posted
facing both public streets the demolition notice shall include:
1.
The address of the subject property.
2.
The lot and block of the subject property.
3.
The applicable ordinance section.
4.
The nature and scope of the application (demolition or partial
demolition).
5.
The name, address and telephone number of the Historic Preservation
Secretary who can supply information relative to the within application.
6.
Name, address and telephone number of the Applicant or the representative
of the Applicant with knowledge concerning the property.
7.
Notice advising a party or interested parties who may wish to
establish a procedure for the acquisition of the property in order
to preserve or rehabilitate the subject property.
8.
The date and time fixed for the adoption of the findings of
fact by the Historic Preservation Commission.
B.
By publishing notice of the proposed demolition or partial demolition
in an official newspaper of the Township of Neptune, which notice
shall incorporate the elements of the within demolition notice set
forth above, and which publication shall:
1.
Be published in an official newspaper within 10 days of the commencement of the waiting period set forth in Subsection LDO-907.11 herein; and
2.
Be published in an official newspaper no less than 10 days nor more than 15 days prior to the conclusion of the waiting period as set forth in Subsection LDO-907.11 herein.
C.
Applicant shall provide proof of the posting of the requisite demolition notice and proof of publication in an official newspaper of the Township of Neptune (Affidavit of Publication) prior to the formal adoption of the findings of fact required by Subsection LDO-907.10 herein.
[Amended 7-30-2007 by Ord. No. 07-46]
Upon the adoption of the findings of fact required under Subsection LDO-907.10 herein, the Commission shall grant or deny the within application. In the event the application is Granted; the following procedure shall apply:
A.
Upon passage of the Resolution Adopting Certain Findings of Fact,
the Secretary shall transmit a copy of the Resolution Adopting Certain
Findings of Fact to the Applicant, Construction Official and to the
Zoning Officer within 10 days following formal adoption.
B.
Applicant shall thereafter be permitted to apply to the Construction
Official for the formal issuance of the demolition permit for demolition
or partial demolition required in the Historic District. Applicant
shall be responsible for the payment of any and all fees required
by the Construction Official and/or the Township of Neptune.
C.
Applicant shall further comply with any and all requirements of the
Construction Official and the Zoning Officer relative to the actual
procedure used in the demolition or partial demolition of the structure.
D.
The demolition permit or the right to seek the issuance of demolition
permit to demolish or partially demolish a structure within the Historic
District shall be valid for a period of two years from the date of
the adoption of the findings of fact by the Commission. Upon request
of the Applicant, and for good cause shown, the Commission may grant
an extension to the Applicant to demolish or partially demolish a
structure for an additional one-year period. If demolition or partial
demolition is not completed within the time constraints set forth
herein, said approval shall be deemed to have expired and the Applicant
shall be required to submit a new application for demolition or partial
demolition for consideration by the Commission.
[Amended 7-30-2007 by Ord. No. 07-46]
Upon the passage of the Resolution Adopting Certain Findings of Fact required under Subsection LDO-907.10 herein, the Commission shall grant or deny the within application. In the event the application is Denied; the following procedure shall apply:
A.
Upon passage of the Resolution Adopting Certain Findings of Fact,
the Secretary shall transmit the within findings of fact to the Applicant,
Construction Official, Zoning Officer and to the Secretary, Zoning
Board of Adjustment within 10 days following formal adoption.
B.
Applicant shall have 45 days from the receipt of a duly executed copy of the Resolution Adopting Certain Findings of Fact as required under Subsection LDO-907.10 herein, by which to appeal the decision of the Historic Preservation Commission denying the application for demolition or partial demolition approval of a structure within the Historic District.
C.
Should an Applicant desire to appeal the denial of the application,
the Applicant shall perfect said appeal by filing a Notice of Appeal
with the Secretary, Zoning Board of Adjustment, on such forms required
by the Zoning Board of Adjustment and in accordance with procedures
determined by the Zoning Board of Adjustment.
D.
Upon the filing of an appeal to the Zoning Board of Adjustment, the
Secretary, Historical Preservation Commission shall transmit to the
Zoning Board of Adjustment the complete file of the within application
including, but not limited too, the initial application, all exhibits
and reports introduced into evidence and the Resolution Adopting Findings
of Fact which denied the within application. Upon transmittal, jurisdiction
of the within application shall be venued in the Zoning Board of Adjustment.
E.
Upon the filing of the within appeal, Applicant shall be required
to post all required escrows and pay any filing fees as may be required
to the Zoning Board of Adjustment. The Applicant shall further take
steps to secure all necessary transcripts of the demolition hearing
held before the Historic Preservation Commission or post all required
escrows necessary to secure written transcripts of all proceedings
before the Historic Preservation Commission.
[Amended 7-30-2007 by Ord. No. 07-46]
The decision of the Zoning Board of Adjustment with respect
to any appeal filed from a decision of the Historic Preservation Commission
relative to the demolition or partial demolition approval of any structure
situate within an Historic District shall be deemed a final decision.
Any further appeal challenging any decision, ruling or determination
of the Zoning Board of Adjustment shall be cognizable in the Superior
Court of New Jersey, Monmouth County.
[Amended 7-30-2007 by Ord. No. 07-46]
The decision of the Zoning Board of Adjustment shall be the
sole appeal within the Township of Neptune from all matters cognizable
before the Historic Preservation Commission. The Zoning Board of Adjustment
shall issue a written decision which may affirm, reverse, dismiss
or remand the within appeal back to the Historic Preservation Commission
for such additional findings or conclusion as may be specified in
accordance with the following:
A.
Affirmation. Should the Zoning Board of Adjustment affirm the decision of the Historic Preservation Commission, the Zoning Board of Adjustment shall adopt a Resolution affirming the decision of the Historic Preservation Commission which may adopt specific findings in support of affirmation. Certified copies of the within Resolution shall be transmitted to the Secretary, Historic Preservation Commission, Zoning Officer, Construction Official and to the Applicant. The Applicant shall have the right to appeal said determination to the Superior Court of New Jersey, Monmouth County, in accordance with Subsection LDO-907.16. If no appeal is filed within 45 days of the filing of the within Resolution, the within affirmation shall be deemed final. Thereafter, the Applicant shall be barred from making a new application for demolition or partial demolition affecting the subject property for a period of two years from the final decision of the Historic Preservation Commission or Zoning Board of Adjustment, whichever is later. Any transfer, assignment or change in ownership shall not abrogate or shorten the within period. The Secretary, Historic Preservation Commission shall record the within decision in the official records of the Commission.
B.
Reversal. Should the Zoning Board of Adjustment reverse the decision of the Historic Preservation Commission, the Zoning Board of Adjustment shall adopt a Resolution reversing the decision of the Historic Preservation Commission and shall adopt specific findings in support of reversal. Certified copies of the within Resolution shall be transmitted to the Secretary, Historic Preservation Commission, Zoning Officer, Construction Official and to the Applicant. The Historic Preservation Commission shall have the right to appeal said determination to the Superior Court of New Jersey, Monmouth County, in accordance with Subsection LDO-907.16. If no appeal is filed within 45 days of the filing of the within Resolution, the within affirmation shall be deemed final. The Secretary, Historic Preservation Commission shall record the within decision in the official records of the Commission.
C.
Dismissal. The Zoning Board of Adjustment may dismiss any appeal
filed from a decision of the Historic Preservation Commission for
any reason, including but not limited to a) failure of the Applicant
to timely file the within appeal; b) failure of the Applicant to post
any required escrows or pay any required application fees; c) failure
of the Applicant to promptly secure transcripts of any proceedings
conducted before the Historic Preservation Commission and deliver
same to the Secretary, Zoning Board of Adjustment; d) failure of the
Applicant to comply with all scheduling notices or briefing schedules
established by the Zoning Board of Adjustment; e) failure of the Applicant
to prosecute said appeal before the Zoning Board of Adjustment; or
f) such other reasons as may be determined by the Zoning Board of
Adjustment. The Secretary, Historic Preservation Commission shall
record the within decision in the official records of the Commission.
D.
Remand. The Zoning Board of Adjustment may remand any appeal to the
Historic Preservation Commission for such additional testimony, findings
of facts, conclusions at law or such additional testimony as the Zoning
Board of Adjustment shall direct. The Zoning Board of Adjustment shall
adopt a Resolution remanding the within matter with specific instructions
for any such supplemental evidence, findings or conclusions as may
be required. The Zoning Board may also establish a reasonable time
limit to transmit said supplemental findings. The Secretary, Historic
Preservation Commission shall transmit all supplemental findings to
the Zoning Board of Adjustment. The Zoning Board of Adjustment shall
proceed further based upon those additional findings consistent with
this section.
[Amended 7-30-2007 by Ord. No. 07-46]
Any demolition or partial demolition of a structure within a Historic District undertaken, commenced, started, completed or otherwise proceeding without a demolition approval issued by the Historic Preservation Commission and a demolition permit issued by the Construction Official shall be deemed an illegal demolition; except as may be provided in Subsection LDO-907.17 (Exceptions). The owner of said structure which has been demolished or partially demolished or which demolition activities have commenced shall be solely responsible to secure the requisite demolition approval and demolition permit as required hereunder. The owner of the said structure upon which demolition or partial demolition activities have commenced shall not evade responsibility hereunder based upon the failure to act or the actions or inactions of others including any qualified professional, contractor, tenant, contract purchaser or assignee relative to the demolition or partial demolition without having first secured the requisite demolition approval and demolition permit in accordance with the procedures set forth herein.
Exceptions. The sole exceptions to securing a demolition approval
and demolition permit for the demolition or partial demolition shall
be in the case of condemnation ordered by the Construction Official,
Township of Neptune, based upon a determination that the structure,
in its present condition, represents an imminent threat to the health
and safety of any occupants or adjoining property owners or structures
or to the public at large or based upon an Order entered by a Judge,
Superior Court of New Jersey, Monmouth County which authorizes, approves
and orders a condemnation of said structure.
A.
Procedure Upon Discovery of an Illegal Demolition. Upon such Notification
by a Township Inspector, Police Official or based upon a upon a complaint
brought by any citizen, the Secretary, Historic Preservation Commission
shall immediately request a Commission Member(s) to inspect the subject
property to determine whether the property is the subject of an illegal
demolition. Upon confirmation by the Commission Member(s), the Secretary,
Historic Preservation Commission shall request the Construction Official
or designee to conduct an immediate inspection of the affected property.
Should any inspection made by the Construction Official or designee
confirm that an illegal demolition has been undertaken, commenced,
started, completed or otherwise proceeding without a demolition permit
the following procedure shall apply:
1.
The Construction Official or designee shall notify the Secretary,
Historic Preservation that an illegal demolition has occurred. The
Construction Official or designee shall confirm the correct address,
applicable lot and block and the name of the registered owner of the
subject property.
2.
The Construction Official or designee may take such appropriate
action within his or her jurisdiction including the issuance of a
stop-work order and which stop-work order shall be posted at the subject
property in accordance with applicable local and state regulations
and/or building codes. The Construction Official or designee shall
provide copies of the stop-work order to the registered owner of record
and to such professionals or contractors whom the Construction Official
or designee may identify in accordance with applicable local and state
regulations and/or building codes. The Construction Official or designee
shall supply the Secretary, Historic Preservation Commission with
copies of any written findings as well as copies of the stop-work
order issued with respect to the subject property.
3.
The Secretary, Historic Preservation Commission shall immediately
issue a written "Notice of Apparent Violation" to the registered owner
of the subject property and forward said notice by regular and certified
mail, postage pre-paid, to the address of the structure and to such
other address on record with the Tax Assessor, Township of Neptune.
The "Notice of Apparent Violation" shall specify the nature of the
apparent violation, the action taken by the Construction Official
and direct the Owner to file an application for a demolition permit
in accordance with the procedures set forth herein within five working
days of the issuance of the Notice of Apparent Violation.
4.
In the event the property owner fails to submit the required
application, the Secretary, Historic Preservation Commission or designee
shall cause a municipal court complaint to be signed and issued against
the property owner of record. The matter shall be cognizable in the
municipal court and prosecuted by the commission attorney or the municipal
prosecutor.
5.
In the event the property owner disputes the determination that
the activity constitutes a demolition or partial demolition, the within
matter shall be listed for review by the Tech Review Committee or
the entire Historic Preservation Commission. No public notice shall
be required for this review. The Applicant shall appear and present
such documentation, exhibits and testimony in support of the position
that a demolition permit is not required. Applicant shall have the
burden to establish that a demolition permit is not required. In the
event the Historic Preservation Commission determines that a demolition
permit is required, Applicant shall have five working days to submit
such an application to the Secretary, Historic Preservation Commission
or designee shall cause a municipal court complaint to be signed and
issued against the property owner. In the event the Commission determines
that the within activity does not constitute a demolition or partial
demolition, the Commission shall notify the Construction Official
or designee of such determination. Thereafter, the Commission may
request the Construction Official to maintain any stop-work order
issued until the Applicant secures the required Certificate of Appropriateness
for any exterior work. Should the Commission determine that the activity
does not require the issuance of a Certificate of Appropriateness,
it shall request the Construction Official to consider rescinding
the stop-work order as soon as practical thereafter as the Construction
Official may determine in accordance with local and state regulations
and/or building codes.
6.
Once a stop-work order is issued pursuant to this Subsection LDO-907.17, and any such applicable local or state regulations and/or building code governing such issuance, the stop-work order shall remain in effect until such time as the Construction Official shall determine to rescind such stop-work order. The Construction Official shall consider any resolution or decision issued by the Historic Preservation Commission as set forth herein. Upon issuance of the stop-work order all work shall cease on the subject property until the matter is resolved with the Historic Preservation Commission and satisfies the Construction Official in accordance with local and state regulations and/or building codes. Notwithstanding the foregoing, the Construction Official may authorize the Applicant to complete such necessary work to any structure in order to properly secure the structure or to address any conditions which the Construction Official deems a risk to the health or safety of the general public.
7.
Failure of the Applicant to satisfactorily address the issue
of an illegal demolition or partial demolition may result in the stop-work
order continuing in full force and effect until such time as the Construction
Official shall so determine in accordance with local or state regulations
and/or building codes. Nothing herein shall further limit the Construction
Official or designee from issuing such other violations or sanctions
to the Owner as the Construction Official may deem appropriate in
accordance with such applicable local or state regulations or building
codes.
8.
Nothing herein shall further prevent or limit the ability of the Historic Preservation Commission from seeking the imposition of any such penalties as provided in Subsection LDO-907.20 herein or from seeking such injunctive relief or restraints from the Superior Court of New Jersey, Monmouth County, to protect any structure from any illegal demolition or partial demolition.
B.
Failure to Obtain Demolition Permit. An Applicant who commences a
demolition or partial demolition and who thereafter fails to obtain
the necessary permit in accordance with the procedure set forth herein,
the Applicant shall be barred from making a new application for demolition
or partial demolition affecting the subject property for a period
of two years from the final decision of the Historic Preservation
Commission or Zoning Board of Adjustment, whichever is later. Any
transfer, assignment or change in ownership shall not abrogate or
shorten the within periods.
[Amended 7-30-2007 by Ord. No. 07-46]
A.
All structures located in the Historic District shall be preserved
by their owner(s) against decay, rot, deterioration and kept free
of certain structural defects to prevent demolition or partial demolition
caused solely by the neglect of said structure. Such owner(s) shall
be required to repair and maintain such structure from the following
defects, unless otherwise prohibited by the Construction Official
in those cases where the structure may be deemed unsafe:
1.
Deteriorated or inadequate foundations;
2.
Defective or deteriorated flooring or floor supports of insufficient
size to carry imposed loads with safety;
3.
Members of walls or other vertical supports that split, lean,
list, tilt or buckle due to defective material, workmanship or deterioration;
4.
Members of walls or other vertical supports that are insufficient
to carry imposed loads with safety;
5.
Members of ceilings, roofs and their support system, or other
horizontal members which sag, split or buckle due to defective material,
workmanship or deterioration;
6.
Members of ceiling and roof supports or other horizontal members
that are insufficient to carry imposed loads with safety;
7.
Fireplaces or chimneys which list, tilt, bulge or settle due
to defective materials, workmanship or deterioration;
8.
Deterioration or defects in paints, coating systems, sheathing
or flashing resulting in destructive moisture or water penetration
or rot;
9.
Any fault, defect or condition in the structure which renders
the same structurally unsafe or not properly watertight.
B.
Determination of Neglect. Upon notification to the Commission by
a Commission Member, Construction Official, Code Enforcement Employee
or any citizen, the Commission may request the Administrative Official
or designee to investigate any claim that a structure is being demolished
or partially demolished by neglect. Upon such notification, the Administrative
Official or designee shall contact the Owner(s) and arrange for an
immediate inspection of the structure. In the event such inspection
shall reveal the presence of any of the conditions set forth herein,
the Administrative Official shall report the nature and extent of
said conditions to the Secretary, Historic Preservation Commission
and to the Construction Official. The Secretary shall cause notice
to be sent to the Owner(s) setting forth the within conditions found
in the structure and affording the Owner(s) 30 days from the date
of said notice to correct the defects or present a plan to the Commission
for remediation if the defects can not be rectified within the thirty-day
period. Nothing herein shall restrict or otherwise prohibit the Construction
Official from acting in accordance with applicable state regulations,
building codes or municipal building codes.
Should the Owner(s) failed to correct the deficiencies within
the thirty-day period specified herein or fail to present a plan to
the Commission to correct said deficiencies or having submitted a
plan, fail to carry out the remediation as proposed, the Commission
may either a) direct the issuance of a municipal court summons; b)
request the Administrative Official or Construction Official to take
such appropriate action within his jurisdiction or c) both. Nothing
herein shall prevent the Commission from granting any reasonable extension
requested by the Owner(s) by which to undertake or complete the necessary
repairs. The issuance of a municipal court summons shall be deemed
to continue and for each and every day that such violation thereof
continues, the Owner(s) shall be subject to the maximum fine and/or
period of imprisonment or both as provided and/or be required to correct,
abate and/restore said structure in the discretion of the Municipal
Court Judge.
C.
Municipal Lien. In the event the Owner(s) shall refuse to undertake
remediation, the Commission may request the Township of Neptune undertake
such repairs as may be necessary to stabilize and protect the structure.
The cost of repairs shall be paid by the Township who will thereafter
charge all related costs and expenses for all such repairs and improvements
to the record owner(s). Any such cost or expense so charged shall
be assessed and filed as a lien against the subject property including
all costs associated with the preparation and filing of the lien documents.
The Township, and its authorized agents, employees or contractors
are hereby expressly authorized to enter the subject property at all
reasonable hours for the purpose of completing those repairs necessary
for the stabilization and repair of the structure. Neither the Township,
its authorized agents, employees nor contractors shall be answerable
for damage to the subject property due to the enforcement of this
section.
[Amended 7-30-2007 by Ord. No. 07-46]
An Applicant shall have two years from the adoption of the Findings
of Fact to secure the necessary permit to demolish or partially demolish
a structure from the Construction Official. At the request of the
Applicant, upon a showing of good cause, and prior to the expiration
of the initial two-year period set forth herein, the Commission may
extend this period for an additional one-year period. In the event
the Applicant fails to secure the necessary demolition permit and
commence the demolition or partial demolition, this approval shall
expire and the Applicant shall be required to submit a new application
for demolition or partial demolition.
[Amended 7-30-2007 by Ord. No. 07-46]
In the event an owner shall fail to comply with the procedures
set forth herein relative to the demolition or partial demolition
as specified herein, in addition to any other penalties imposed by
any other official of the Township of Neptune, the owner(s):
A.
Shall be subject to the issuance of a summons and complaint, returnable
in the Municipal Court, charging a violation related to this Chapter.
Each separate day the violation exists shall be deemed to be a new
and separate violation of this Chapter.
B.
Penalties Designated. Any owner or persons who violate or who permit,
take part or assist in any violation of this section, shall for each
and every violation thereof, and for each and every day that such
violation thereof continues, to be subject to the maximum fine and/or
period of imprisonment, or both, as provided and/or be required to
correct, abate and/restore said structure in the discretion of the
Municipal Court Judge or complete and file the requisite application
as required pursuant to this section.
C.
Injunctive Relief. In the event that any demolition or partial demolition
would permanently and/or adversely effect or change any structure
or structures within the Historic District or an historic site or
any other structure of historical/architectural significance without
the issuance of a demolition permit by the Historic Preservation Commission,
the Commission may authorize an application to the Superior Court
of New Jersey, Monmouth County, for such injunctive relief or restraint
as is required to prevent the unauthorized or illegal demolition of
a structure within the Historic District.
[Amended 7-30-2007 by Ord. No. 07-46]
This section shall take effect upon final passage and publication
as required by law.
[Amended 7-30-2007 by Ord. No. 07-46]
All ordinances or parts thereof inconsistent with the provisions
of this section are hereby repealed to the extent of such inconsistency.
[Amended 7-30-2007 by Ord. No. 07-46]
If any section, paragraph, subdivision, clause or provision
of this section shall be adjudged invalid by a Court of competent
jurisdiction, such adjudication shall apply only to that section,
paragraph, clause or provision and the remainder of this section shall
be deemed to be valid and enforceable.
[Ord. No. 00-40, 7-24-2000]
A.
Applicability. This section applies where the proposed demolition
(in whole or in part) of a structure in any historic zone district
or other designated historic site situated elsewhere in the Township
is for the purpose of providing a site for a public building or land
for public use such as a road widening.
B.
Notice required. The applicant for the demolition permit shall notify
the following agencies as well as the Historic Preservation Advisory
Committee:
[Ord. No. 00-40, 7-24-2000]
A.
Application for permit; statement of construction official. An application
for a permit to relocate a structure shall be forwarded by the Zoning
Officer and/or Construction Official to the Historic Preservation
Advisory Committee, accompanied by a statement from the Zoning Officer
and/or Construction Official that the property has no Code violations
and that the subject property conforms to all requirements of the
Township of Neptune Zoning Ordinance for the new zoning district to
which the property will be relocated.
B.
Nonconformance to Zoning Ordinance. Where the relocated structure
will not conform to all of the requirements of the Township Zoning
Ordinance, the applicant shall accompany the relocation application
with evidence of the needed approval(s) by the Zoning Board of Adjustment,
Planning Board, Township Committee or any other Township Board having
jurisdiction.
C.
Correction of building code violations required. When the subject
structure contains building code violations that will be corrected
after the structure has been relocated to the new site, the Construction
Official shall not issue a Certificate of Occupancy until those violations
have been corrected and approved by the Code Enforcement Department.
D.
Exterior changes. When the relocation of a structure will cause needed
improvements that will include the exterior of the structure, the
applicant for a relocation permit shall also submit the drawings,
photographs and other material describing the contemplated changes
in the exterior appearance.
E.
Field inspection; findings. Prior to acting on an application for
the relocation of a structure that is subject to this section, the
Historic Preservation Commission shall make a field inspection of
the proposed site to determine that the site and its surroundings
are appropriate for that specific structure in terms of land use,
design of buildings, traffic topography, landscaping, etc. The Historic
Preservation Commission's findings on which their decision will be
based upon findings made during the field inspection and shall include
the field inspection date and the names of the Historic Preservation
Commission members who make the inspection.
[Ord. No. 00-40, 7-24-2000]
Performance and review of repairs. When an historic landscape
requires immediate emergency repair to preserve the continued habitability
of the landmark and/or the health and safety of its occupants or others,
such repairs may be performed in accordance with Township Codes, without
the necessity of first obtaining the Historic Preservation Commission's
review.
Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark or others and/or to maintain the habitability of the structure. A request for the Historic Preservation Commission's review shall be made as soon as possible and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this Chapter. All work done under this section shall conform to the criteria set forth in Section LDO-508 (Design Guidelines/Visual Compatibility factors) and the procedures for review of applications as adopted by the Historic Preservation Commission in accordance with requirements for Applications for Certificate of Appropriateness.
[Ord. No. 00-40, 7-24-2000]
A.
Designation. Any person may request the designation of an historic
site or historic district by submitting to the Historic Preservation
Commission a completed application for such designation on a form
furnished by the Historic Preservation Commission. The Historic Preservation
Commission, in addition, may, on its own motion, initiate proceedings
for the designation of any historic site or Historic District.
B.
Criteria for designation. In considering an individual site, building
or a structure or a district that is of particular historical, archaeological,
cultural, scenic or architectural significance to the Township of
Neptune, the County of Monmouth, the State of New Jersey or to the
nation and reflects or exemplifies the broad cultural, political,
scenic, economic or social history of the nation, State or locality,
the Historic Preservation Commission shall give consideration to the
following criteria:
1.
That it is associated with events that have made a significant contribution
to the broad patterns of our history; and/or
2.
That it is associated with the lives of persons significant in our
past; and/or
3.
That it embodies the distinctive characteristics of a type, period
or method of construction or that it represents the work of a master
or that it possesses high artistic values or that it represents a
significant and distinguishable entity whose components may lack individual
distinction; and/or
4.
That is has yielded, or may be likely to yield, information important
in pre-history or history;
5.
Ordinarily, cemeteries, birthplaces or graves of historical figures,
properties owned by religious institutions or used for religious purposes,
structures that have been moved from their original locations, reconstructed
historic buildings, properties primarily commemorative in nature and
properties that have achieved significance within the past 50 years
shall not be considered eligible for designation as an historic site.
However, such properties will qualify if they are integral parts of
historic sites that do meet the criteria or if they fall within the
following categories:
(a)
A religious property deriving primary significance from architectural
or artistic distinction or historical importance; or
(b)
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 an historic
person or event; or
(c)
A birthplace or grave of an historical figure of outstanding
importance if there is no other appropriate site or building associated
with his/her productive life; or
(d)
A cemetery that derives its primary significance from graves
of persons of transcendent importance, from age, from distinctive
design features or from association with historic events; or
(e)
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
(f)
A property primarily commemorative in intent if design, age,
tradition or symbolic value has invested it with its own historical
significance; or
(g)
A property achieving significance within the past 50 years if
it is of exceptional importance.
C.
Notice of consideration. When the Historic Preservation Commission
decides to consider an application for designation, notice that such
application is being considered shall be given by ordinary mail and
certified first class mail to each owner of record of the proposed
historic site or of the tax lots located in the proposed historic
district. In addition, each owner of record shall be given notice
of any public hearing on a proposed designation at least 15 days prior
to the hearing by certified mail and ordinary mail.
D.
Hearing and record. The Historic Preservation Commission shall hold
a public hearing on each proposed designation. Interested persons
shall be entitled to present their opinions, suggestions and objections
at this public hearing. A list shall be prepared for each structure
and district proposed for designation, specifying the locations, any
popular names and a description of the boundaries of any proposed
historic district or historic site. This list shall be published in
a newspaper of general circulation in the Township not more than 30
nor less than 10 days before such hearing is to be held. Completed
applications for designations scheduled for consideration at a hearing
shall be on file with the Township Clerk and available for inspection
by interested persons during the regular business hours at least 10
days before such hearing.
E.
Decision of the Historic Preservation Commission. After consideration
of all information in the application and presented at the hearing,
the Historic Preservation Commission shall have the authority to recommend
to the Planning Board, within 45 days of the hearing, that all or
part of any proposed structure or district qualifies for a) inclusion
in the Historic Preservation Element and other appropriate elements
of the Master Plan; or b) designation in the Zoning Ordinance. This
determination of the Historic Preservation Commission shall constitute
a recommendation to the Township Committee and Planning Historic Preservation
Commission.
F.
Township committee determination. Upon the Historic Preservation
Commission's approval of any designation of the landmark or Historic
District, such an ordinance shall immediately become effective upon
approval of the Township Committee and Planning Board, and in accordance
with applicable law. At once upon approving a designation, the Historic
Preservation Commission shall forward its recommendation for approval
of the designation to the Township Committee. The Township Committee
shall act to approve or disapprove the designation within 65 days
of receipt of the Board's recommendations. If the Township Committee
disapproves a designation, this Article will no longer apply to the
subject structure or district. The Township Committee may, at its
discretion, call a further public hearing on any recommendation for
designation. Such hearings, if called, shall occur within 30 days
of the receipt of the decision of Historic Preservation Commission,
and the Township Committee decision shall be rendered within 65 days
of the close of such further public hearing.
G.
Notice of determination. If the Historic Preservation Commission
disapproves any application for designation, the proceedings with
regard to the proposed Historic District or landmark shall terminate.
If the Historic Preservation Commission approves an application for
designation, the notice of such approval and of its transmittal to
the Township Committee shall be given to the Township Construction
Official, the Planning Board, the Board of Adjustment and sent by
ordinary mail and first class certified mail to any owner of record
of the subject property. When the Township Committee approves or disapproves
a designation or if a designation becomes final because the Township
Committee did not act upon it within 65 days, notice of the landmark
or historic district decision shall be given to the Zoning Officer,
Township Construction Official, Planning Board and the Board of Adjustment
and sent by ordinary mail and first class certified mail to any owner
of the subject property.
[Ord. No. 00-40, 7-24-2000]
A.
Code enforcement. Recognizing the need for preventive maintenance
to insure the continued useful life of historic sites and structures
in Historic Districts and other designated sites in the Township of
Neptune, the Township Committee hereby declares that Code enforcement
for such sites and structures is a high municipal priority.
B.
Notice of violations. In the event that any historic site or improvement
in an historic zone district or any other designated site in the Township
deteriorates to the point that, in the best estimate of the Construction
Official, the cost of correcting the outstanding Code violations equals
more than 25% of the cost of replacing the entire improvement on which
the violation occurs, the Construction Official shall serve personally,
or by certified mail, return receipt requested, a notice on the owner
of the property listing the violations, the estimate for their abatement
and the replacement cost of the improvements and stating that if the
owner does not take all necessary remedial action within 60 days or
such extensions as the Construction Official shall for good cause
grant, the Township's designated official may, at the expiration of
the 60 days, enter upon the property and abate such violations and
cause the cost thereof to become a lien on the property.
C.
Deterioration of buildings and structures prohibited. All buildings
and structures in an historic district or any other designated site
in the Township shall be maintained so that all exterior walls, roofs,
stairs, porches, windows and door frames are in waterproof condition.
Cornices, entablatures, wall facings, trim and similar decorative
features shall be maintained so as to prevent deterioration. All structural
and architectural features shall be maintained so as to prevent deterioration
and any deterioration which adversely affects the overall character
of the building or the district in which the building is located is
prohibited. The Construction Official shall serve personally or by
certified mail, return receipt requested, a notice on the owner of
any property requiring preventive maintenance as set forth herein,
listing the violations and following the procedures as set forth in
Paragraph B above.
D.
Request for hearing. Upon receipt of such notice, the owner may,
within 10 days after such receipt, notify the Construction Official
of his or her intention to have a hearing as to the allegations and
estimates set forth in the notice. The hearing shall be conducted
by Historic Preservation Commission and shall, so far as possible,
be a formal adversary proceeding in which the Construction Official
shall establish the matters alleged in the notice by a preponderance
of the evidence.
E.
Service of opinion of construction official. If the owner does not
request a hearing, the procedure set forth in Paragraph D above shall
be binding. If a hearing is requested, the Construction Official will
within 10 days following the hearing, serve on the owner an opinion
in writing setting forth his conclusions and the reasons therefor.
Such opinion shall be deemed to be a first notice pursuant to this
section.
F.
Abatement by Township. Thereafter, if the owner does not comply,
the Construction Official may enter onto the premises and, by use
of municipal labor or outside contractors or both, perform such work
as is necessary to abate all violations.
G.
Certification of costs. The Construction Official shall then certify
to the Township Committee the cost of such work plus all administrative,
clerical and legal costs and overhead attributable thereto and shall
present the same to the Township Committee.
H.
Costs a lien on property. The Township Committee may, by resolution,
vote to cause the sum so certified to become a lien upon the property,
payable with the next quarter's property taxes and if not then paid,
bearing interest at the same rate as delinquent taxes.
[Ord. No. 00-40, 7-24-2000; amended 9-26-2016 by Ord. No. 16-32]
A.
Failure to Obtain Approval or Comply with Approval. Any person who
shall undertake any activity in violation of any provisions relating
to historic zoned districts and designated historic sites without
first having obtained a Certificate of Appropriateness or any other
required approval, or who fails to comply with the terms, conditions
and limitations of an approval granted, shall be deemed in violation
of these provisions.
B.
Service of Notice of Violation. Upon learning of the violation, the
Township Zoning Officer or Zoning Officer's designee shall personally
serve upon the owner of the lot whereon the violation is occurring
a notice describing the violation in detail. The violator shall be
required to file an application for the Certificate of Appropriateness
to the Historic Preservation Commission or in case of non-compliance
with an existing Certificate of Appropriateness, comply with said
approval within 10 days of receipt of the Notice of Violation. If
the owner cannot be personally served within the municipality with
the notice, a copy of the same shall be posted on the site in question,
and a copy shall be sent by Certified Mail/RRR to the owner at his
or her last known address as it appears on the Township Tax Rolls.
C.
Issuance of Summons and Complaint. In the event that the violator
fails to file an application for a Certificate of Appropriateness,
or comply with a prior Certificate of Appropriateness granted within
the specified ten-day period following service and/or posting on the
site in question, whichever is earlier, the Zoning Officer or Zoning
Officer's designee shall cause to be issued a Summons and Complaint,
returnable in the Municipal Court charging violation of this Chapter.
Each separate day the violation exists shall be deemed to be a new
and separate violation of this Chapter.
[Ord. No. 00-40, 7-24-2000]
A.
Effective approval. An approval of Historic Preservation Commission
shall be valid for a period of two years from the date of approval
unless reasonable extensions are granted by Historic Preservation
Commission.
