Within the Medford Lakes Historic District,
the Historic Preservation Commission and the Planning Board shall
consider the Secretary of the Interior's standards for Historic Preservation
projects and shall apply the following specific standards to all reconstruction,
renovations and additions to existing log structures in Medford Lakes.
In the case of additions, repairs or replacements:
A. Materials used must be consistent in type and appearance
with materials used in the existing structure.
B. No unfinished materials may be used. No exposed cinder
blocks or concrete blocks may be visible on the exterior of the structure.
Downspouts and gutters shall be dark brown,
white or painted to match trim.
Perimeter fences may be constructed of any material
except chain link or similar material and cinder block or concrete
block.
Signs shall be permitted only pursuant to the requirements of §
145-60 of this chapter.
[Amended 12-13-2023 by Ord. No. 700]
No person shall demolish, in whole or in part, any log structure
located within the Borough without first submitting an application
to the Construction Code Official and obtaining a recommendation for
approval from the Historic Preservation Commission and approval from
the Planning Board. This restriction shall not extend to any non-log
additions on log structures.
A. Application.
(1)
The applicant seeking to demolish or partially demolish a log
structure shall first submit an application for demolition approval
to the Construction Code Official on forms prepared or otherwise prescribed
by the Construction Code Official and shall include:
(a)
The applicant shall provide the name, address, telephone number
of the person or entity who owns the building to be demolished, as
well as a signature to verify the applicant has authority to make
such application.
(b)
Statement of the need for the demolition along with supporting
photographs.
(c)
The approximate age of the building to be demolished.
(d)
Any and all applications fees as required by the Medford Lakes
Land Development Ordinance, in accordance with the Borough's
Fees Schedule.
(2)
All application for demolition or partial demolition under this
section shall be reviewed by the Borough's Construction Code
Official. If the Construction Code Official finds that the application
is complete, the Construction Code Official shall provide the application
to the Historic Preservation Commission for a hearing. In the event
the Construction Code Official finds that the application is deficient,
the Construction Code Official or his or her designee shall provide
written or verbal notice of deficiency to the applicant, along with
the list of deficiencies.
(3)
The Historic Preservation Commission shall schedule a hearing
for no later than 45 days from receipt by the Commission of the complete
application. Notice of the hearing shall be sent by regular mail or
personal delivery to the applicant and a copy of the notice shall
be provided to the Construction Code Official.
B. Demolition hearing procedure.
(1)
An applicant scheduled for a demolition hearing pursuant to
an application for demolition under this section shall, at least 10
days' prior to the hearing, submit to the Commission the following:
(a)
Notice of Hearing via Certified Mail mailed to all property
owners within 200 feet of the subject property.
(b)
Copies of any maps or survey, photographs or reports of experts
retained by the applicant.
(c)
For applications alleging mold, foundation, structural and/or
fire, the application must provide proof of costs prepared by an applicable
licensed professional or licensed contractor.
(d)
Such other documents or information as may be requested by the
Historic Preservation Commission.
(2)
Prior to the scheduled date for the demolition hearing before
the Commission, the applicant shall make the subject property available
for members of the Historic Preservation Commission for their review
and inspection at a time and date arranged between the Commission
and the applicant.
(3)
The Commission may retain an expert(s) for the purpose of independently
reviewing such reports, treaties or other documents submitted by the
applicant or any expert retained by the applicant relative to the
demolition application. Any expert retained by the Commission shall
have access to all reports relative to the application and shall further
have access to the subject property as such times as may be arranges
between the Commission and the applicant. At the direction of the
Commission, any such expert retained may be required to submit a written
report and/or provide such expert testimony as may be requested during
the hearing. The cost of such expert shall be the responsibility of
the applicant.
C. Demolition hearing.
On the date specified in the notice, the Commission shall conduct
a demolition hearing, at a regular or special meeting of the Commission
at their determination, in order to determine whether to recommend
the grant of the application for demolition and authorize the issuance
of a demolition permit by the Construction Code Official. All persons
testifying at the hearing shall be placed under oath. The hearing
shall be conducted as follows:
(1)
The Commission shall introduce the application.
(2)
The applicant shall be given the opportunity to present their
application under oath to the Commission. The applicant may be represented
by counsel. The applicant may present testimony to the Commission
including personal testimony, lay and/or expert testimony. The Commission
and public will be given an opportunity to ask questions of the applicant
and any of the applicant's witnesses. The applicant may present
evidence to support their application.
(3)
The Commission, in its discretion, may present any expert witnesses.
The Commission, the applicant and the public will be given an opportunity
to ask questions of the Commission expert.
(4)
Any objectors, if any, shall be permitted to present evidence,
including testimony of lay and/or expert witnesses. The Commission,
the applicant and the public will be given an opportunity to ask questions
of the objector's witnesses.
(5)
The public shall be permitted to make comments for or against
the application. Any statement made by a member of the public shall
be done so under oath.
(6)
The applicant and objector, if any, shall be given the opportunity
to provide closing statements.
(7)
The Commission may, in its discretion, conduct a site visit,
but shall notice the site visit as a meeting and notify the applicant
of same.
(8)
The Commission shall set the date for initial findings to be
prepared by the Commission.
D. Recommending approval or denial of application for demolition.
(1)
Burden of proof. The applicant shall bear the burden of proof
in demolition applications under this section. Such burden shall include
the presentation testimony, lay or expert, introduction of exhibits,
reports, photographs scientific testing, maps, surveys or any other
exhibits. Failure of the applicant to present such evidence necessary
shall be grounds for denial of the demolition application.
(2)
The Commission shall recommend to the Planning Board that the
application be either granted or denied within 30 days of the demolition
hearing. The Commission recommendation to either grant or deny the
application shall be based on the following criteria:
(a)
The historical, architectural, cultural, and aesthetic significance.
(b)
The importance of the structure to the Borough of Medford Lakes
to the extent that such demolition would result in the loss of architecturally
and/or historically significant structure to the detriment of the
public interest.
(c)
The impact of the demolition or partial demolition on the surrounding
neighborhood compared with the existing condition of the property.
(d)
The structural integrity of the log structure and the economic
feasibility of restoring, repairing, or rehabilitating the structure.
(e)
Whether the structure is a traditional full log structure (See
Appendix A), a newer or partial log structure or a simulated log structure.
(f)
Whether the structure poses a threat to the public health and
safety pursuant to the Uniform Construction Code.
(g)
Whether the cost of repairing the structure exceeds 100% of
the traditional full log cabin structures' equalized improvement
assessed value employing fully chinked log construction in whole or
in part.
(h)
Whether the rest of repairing the structure exceeds 75% of the
newer or partial log structure or a simulated log structure equalized
improvement assessed value employing reconstruction in whole or in
part.
(i)
A fully chinked traditional full log cabin structure that is
demolished is to be replaced with a fully chinked full log cabin structure.
(3)
The Commission shall provide the applicant with the written
findings of fact setting forth the reasons for recommending either
granting or denying the application for demolition. The Commission
shall pass a Resolution Adopting Findings of Fact memorializing their
recommendation. Upon passage of the Resolution, the Commission shall
provide a copy of the Resolution Adopting Findings of Fact to the
Construction Code Official, the applicant and the Planning Board within
10 days of formal adoption.
(4)
If the recommendation is that the application be granted, upon
the receipt of the Resolution Adopting Findings of Fact, the Planning
Board shall have 45 days to review the recommendation and make a final
determination on the application. The applicant shall receive notice
of the public hearing date and time that their application will be
determined by the Board. If approved, the approval shall be transmitted
to the Construction Code Official within 10 days of the Resolution
memorializing the determination, and the Construction Official shall
thereafter review and issue a demolition permit in the normal course,
subject to all UCC requirements. A demolition permit under this section
shall be valid for a period of two years from the date of the adoption
of the Board's Resolution.
E. Appeals. The recommendation of a denial of a demolition application
by the Historic Preservation Commission under this section shall be
transmitted to the Planning Board, and the Board shall have 45 days
to review the recommendation and make a final determination on the
application. The applicant shall receive notice of the public hearing
date and time that their application will be determined by the Board.
If the recommendation is to deny the application, the applicant shall
ensure that the following is submitted to the Board at least 10 days'
prior to its hearing:
(1)
Any forms required as part of the initial demolition application.
(2)
All exhibits and reports introduced into evidence as part of
the demolition hearing before the Commission.
(3)
The Resolution Adopting Finds of Fact.
(4)
Any other documents or forms as may be required by the Planning
Board.
If the Planning Board finds in the applicant's favor, the
Planning Board shall issue a demolition permit. If the Planning Board
affirms Historic Preservation Commissions denial of the demolition
application, the applicant shall not be issued a demolition permit.
F. Penalty. Any property owner or entity that carries out a demolition in violation of this chapter shall: (1) be subject to a zoning violation a stop-work order under the provisions of this Code and state law; and/or (2) be subject to the General Penalty provisions of this Code at §
1-15. Each day that a structure is demolished or remains demolished in violation of this chapter shall constitute a separate offense until the structure is satisfactorily remediated or a demolition approval is granted by the Commission, Board or Court.
Relocation of any structure employing log construction
in whole or in part, either hidden or visible, shall be permitted
only if it is the sole feasible means which will allow continued preservation
of the structure.