[Amended 4-6-1989 by Ord. No. 5-1989]
[Amended 8-28-2014 by Ord. No. 9-2014]
The Land Use Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Common Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 170-88E(2) below.
[Amended 8-28-2014 by Ord. No. 9-2014]
A.Â
Certificates of appropriateness shall be required
for the following:
(1)Â
Construction, encroachment upon, alteration, remodeling,
removal, disturbance or demolition of any resource designated by the
Common Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154,
or any action which renders such a site inaccessible.
B.Â
Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
C.Â
A cultural resource survey shall accompany all applications
for development in the HC, IND, R-11, R-22, R-3.2C, R-6, R-9, R-C,
GR and IBP Districts and all applications for major development in
order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the Cultural Resource Management Plan, dated April 1991, as amended.
In general, the survey shall include: a statement as to the presence
of any properties listed on the National and State Registers of Historic
Places on the site or within the area of the projects' potential environmental
impacts; a thorough search of state, local and any other pertinent
inventories to identify sites of potential significance; a review
of the literature and consultation with professional and avocational
archaeologists knowledgeable about the area; thorough pedestrian survey(s);
archaeological testing as necessary to provide reasonable evidence
of the presence or absence of historic resources of significance;
adequate recording of the information gained and methodologies and
sources used; and a list of personnel involved and qualifications
of the person(s) performing the survey.
[Amended 7-24-1997 by Ord. No. 7-1997; 11-30-2006 by Ord. No.
25-2006]
(1)Â
This requirement for a survey may be waived by the
local approval agency if:
(a)Â
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)Â
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of Pinelands culture; or
(2)Â
A resource shall be deemed to be significant if it
possesses integrity of location, design, setting, materials, workmanship,
feeling and association which reflects its significance in American
history, architecture, archaeology or culture under one or more of
the following criteria:
(a)Â
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the Pinelands;
(b)Â
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the Pinelands;
(c)Â
The presence of structures that represent the
work of a master or that possess high artistic values or that embody
the distinctive characteristics of a type, period or method of construction
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community or the Pinelands, although its
components may lack individual distinction; or
(d)Â
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Pinelands.
D.Â
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Land Use Board.
[Amended 8-28-2014 by Ord. No. 9-2014]
E.Â
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)Â
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection E(2) below.
(2)Â
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection C above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Common Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this article shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C 7:50-6.154.
[Amended 7-24-1997 by Ord. No. 7-1997]
F.Â
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(1)Â
A narrative description of the resource and its cultural
environment.
(2)Â
Photographic documentation to record the exterior
appearance of buildings, structures and engineering resources.
(3)Â
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources.
(4)Â
A New Jersey State inventory form as published by
the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
G.Â
If archaeological data is discovered on a site any
time after construction has been commenced, the developer shall immediately
cease construction, notify the Land Use Board and the Pinelands Commission
and take all reasonable steps to protect the archaeological data in
accordance with the guidelines for the Recovery of Scientific, Prehistoric,
Historic and Archaeological Data: Procedures for Notification, Reporting,
and Data Recovery (36 CFR 66).
[Amended 8-28-2014 by Ord. No. 9-2014]
