[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. 
The Land Use Board shall issue all certificates of appropriateness, except as specified in Subsection B below.
B. 
The Land Use Board shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
A. 
Certificates of appropriateness shall be required for the following:
(1) 
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.
(2) 
Development not otherwise exempted from review pursuant to § 170-32A where a significant resource has been identified pursuant to Subsection E below.
[Amended 8-17-1989 by Ord. No. 13-1989]
B. 
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
C. 
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) 
This requirement for a survey may be waived by the local approval agency if:
(a) 
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b) 
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
(c) 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection C(2) below.
(2) 
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) 
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) 
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) 
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) 
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. 
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. 
The effect of the issuance of a certificate of appropriateness is as follows:
(1) 
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) 
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. 
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) 
A narrative description of the resource and its cultural environment.
(2) 
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
(3) 
A site plan depicting in correct scale the location of all buildings, structures and engineering resources.
(4) 
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. 
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]