The terms set forth hereinafter shall have the
following meanings:
ADMINISTRATIVE OFFICER
The Zoning Officer of the municipality unless a different
municipal official or officials are designated by ordinance to handle
the administration of this chapter and attend the Land Use Board meetings
as deemed necessary.
APPLICANT
Any private person, persons, or any representative or any
private entity, private organization or association, with legal authority
to make an alteration, addition, improvement, renovation, repair or
demolish a structure.
APPLICATION FOR DEVELOPMENT
An application to the Land Use Board of the Borough of Beach
Haven for approval of a major or minor subdivision plot or site plan,
planned development, conditional use or zoning variance.
BUILDING
Any structure, either temporary or permanent, having a roof
(including an annex or addition), which requires for its use a fixed
location on the land and which is designed, intended or used for the
sheltering or protection of persons, animals, or chattel.
CERTIFICATE OF APPROPRIATENESS
A document indicating permission or to commence work or activity
on a structure located within the historic district or on a designated
historic site.
COMMISSION
The Historic Preservation Advisory Commission established
pursuant to the provisions of this chapter.
CONSTRUCTION OFFICIAL
The Officer in charge of the granting of building or construction
permits in the Borough of Beach Haven.
DEMOLITION
Partial or total razing or destruction of any historic site
or of any improvement within a historic district.
HISTORIC DISTRICT
Shall be co-terminus with and include that area shown on the Zoning Map of the Borough of Beach Haven and identified as either: a) the BBO Bed-and-Breakfast Overlay District; b) the Bed-and-Breakfast Overlay Zone; and c) such other districts as are designated in accordance with the procedures set forth in §
41-4 hereof.
HISTORIC DISTRICT RESOURCES
Those resources classified as either key, contributing or
noncontributing, which are defined as follows:
A.
"Key" shall mean any buildings, structures,
sites, objects or improvements which, due to their significance, would
individually qualify for historic landmark status;
B.
"Contributing" shall mean any buildings, structures,
sites, objects or improvements which are integral components either
because they date from a time period which makes them historically
significant or because they represent an architectural type, period
or method which is historically significant;
C.
"Noncontributing" shall mean any buildings,
structures, sites, objects or improvements which do not have significant
historical value because they neither date from a time period nor
represent an architectural type, period or method which is historically
significant.
HISTORIC LANDMARKS (or LANDMARK)
Any buildings, structures, sites, or districts which possess integrity of location, design, setting, materials, workmanship, and association, which meet the criteria set forth in §
41-4A.
IMPROVEMENT
Any structure or any part thereof installed upon real property.
INVENTORY
A list of historic properties determined to meet criteria
of significance specified herein.
INTEGRITY
The authenticity of a building, structure, site, object,
improvement or district evidenced by the survival of the physical
characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property
is affected by any action taken under this chapter.
MAJOR EXTERIOR RENOVATIONS
A change requiring a building permit
in the exterior facade of a building which results in a significant
change from the existing design appearance through the use of or installation
of siding, trim, shutters, awnings, air-conditioning units, doorways,
windows, exterior of openings of any kind, decks, porches, steps,
stairs, handrails or railings, roofline changes, balconies, roofing,
heating units and the like. Significant change from existing design
shall include the use of vinyl or other modern building materials
differing from the existing or traditional use of cedar and other
wood in the construction of any building.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
MASTER PLAN
The Master Plan of the Borough of Beach Haven, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L.
1975, c 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places,
as set forth in 36 CFR 60.4 et seq.
ORDINARY MAINTENANCE
The act of repairing any deterioration, wear, or damage to
a structure, or any part thereof, in order to return the same as nearly
practicable to its condition prior to the occurrence of such deterioration,
wear, or damage. Ordinary maintenance shall further include replacement
of exterior elements or accessory hardware, including signs, using
the same materials or like and having the same appearance.
PERMIT
Any required approval issued by the Construction Official
or Zoning Officer pursuant to applicable building or construction
codes, or the Zoning Ordinance, for work or improvement(s) to property,
or to a building or structure located thereon.
PERSON
Any individual, natural persons, partnerships, joint ventures,
societies, associations, clubs, trustees, trusts, firms, companies,
corporations, entities or unincorporated groups; or any officers,
agents, employees, servants, factors or any kind of personal representatives
of any thereof in any capacity, acting either for himself or for any
other person, under either personal appointment or pursuant to law.
When permitted by context, "person" shall also include the United
States, the State of New Jersey and/or other states, or any political
subdivision thereof, and any foreign country or government.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity and materials of an historic landmark.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction.
PROTECTION
The act or process of applying measures designated to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury.
REMOVAL
The act of partially or completely causing a structure or
portion of a structure to change to another location, position, station
or residence.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department of the Interior,
National Park Service, entitled, "The Secretary of the Interior's
Standards for the Treatment of Historic Properties," 36 C.F.R. 68,
issued in 1992 and revised and supplemented from time to time.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, having a fixed location on, above or below the
surface of land or attached to something having a fixed location on,
above or below the surface of land. For the purposes of this chapter,
the word "structure" shall also include fences, walls, independent
radio and television antennas, pergolas, and swimming pools.
SURVEY
The inventory of buildings, structures, sites, objects, improvements
and districts located within the Borough of Beach Haven which is conducted
by the Advisory Commission for the ascertainment of their historical
significance pursuant to the provisions of this chapter.
SURVEY DATA
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
VISUAL COMPATIBILITY
Shall mean that any change or modification of any sort, kind
or description to any building, structure, site or lot shall present
a visually harmonious relationship maintaining the architectural design
between the existing building, structure, lot or site and with the
buildings, structures, lots or sites on all buildings or structures
located on lots within 200 feet of the lot on which the change or
modification is proposed.
There is hereby created in and for the Borough
of Beach Haven a Commission to be known as the Historic Preservation
Advisory Commission of the Borough of Beach Haven.
A. Composition of the Historic Preservation Advisory
Commission. The Historic Preservation Advisory Commission shall be
comprised of seven members, with two alternates:
(1) Of the seven regular Commission members:
(a) Three or more shall be Class "A" or Class "B" members
as said classes are defined in N.J.S.A. 40:55D-107;
(b) The balance of the members shall be Class "C" members
as said class is defined in N.J.S.A. 40:55D-107.
(c) To the extent available from within the Borough of
Beach Haven, the Mayor shall appoint Class "A" or Class "B" members
who are residents. Should such individuals not be available from within
the Borough, the Mayor shall have the authority to appoint such individuals
who reside outside of the Borough.
(2) Of the two alternate Commission members, both shall
be Class "C" members, as Class "C" is defined above. The two (2) alternate
Commission members shall be respectively designated "Alternate No.
1" and "Alternate No. 2."
(3) Class "C" members shall be citizens of the Borough
of Beach Haven, i.e., individuals who are either residents of the
Borough or property owners in the Borough.
B. Appointment of Historic Preservation Advisory Commission
Members.
(1) Members of the Historic Preservation Advisory Commission
shall be appointed as provided for in N.J.S.A. 40:55D-107.
(2) Vacancies shall be filled as provided for in N.J.S.A.
40:55D-107.
C. Election of Chairperson and Vice Chairperson. The
Historic Advisory Preservation Commission shall elect from its membership
a Chairperson and a Vice Chairperson.
D. Liaison person. A member of the Land Use Board of
the Borough of Beach Haven shall be designated by the Council as a
liaison between the Historic Preservation Advisory Commission, the
Council and the Land Use Board. The role of such liaison person shall
be informational only and such person shall possess no voting rights
with regard to any action taken by the Council.
[Amended 9-13-2010 by Ord. No. 2010-20]
E. Establishment of rules and regulations. The Historic
Preservation Advisory Commission shall create rules and procedures
for the transaction of its business, which shall be available to the
public, subject to the following regulations:
(1) A quorum for the transaction of business shall consist
of four of the Historic Preservation Advisory Commission's members.
This quorum may include alternate members filling the vacancies of
regular members. A majority of the members present and voting may
grant or deny a certificate of appropriateness.
(2) The Historic Preservation Advisory Commission shall
appoint a Secretary, who need not be a member of the Historic Preservation
Advisory Commission. The Secretary shall keep minutes and records
of all meetings and proceedings including voting records, attendance,
resolutions, findings, determinations, and decisions. All such material
shall be public record.
(3) Such rules shall include a specific section prohibiting
conflicts of interest.
F. Compensation of Commission members. The members of
the Historic Preservation Advisory Commission shall serve without
compensation.
G. Retention of professional assistance. The Historic
Preservation Advisory Commission may retain appropriate professional
aid and assistance as provided for in N.J.S.A. 40:55D-108.
H. Powers and duties. The Historic Preservation Advisory
Commission shall have the powers, duties and responsibilities as set
forth in N.J.S.A. 40:55D-109, N.J.S.A. 40:55D-110 and, in addition,
the following powers and duties:
(1) Undertake a comprehensive survey of the Borough of
Beach Haven to identify properties that should be designated as historic
landmarks and historic districts worthy of protection and preservation,
which survey shall be updated every other year.
(2) Following the preparation of the survey, prepare and adopt pursuant to §
41-4 et seq. of the ordinance, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Land Use Board for inclusion in the Borough Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Council of the Borough of Beach Haven for inclusion in the Historic Preservation Ordinance.
[Amended 9-13-2010 by Ord. No. 2010-20]
(3) Hear and decide applications for certificates of appropriateness pursuant to §
41-6 of this chapter.
(4) Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in §
41-4.
(5) Advise the Land Use Board on applications for development
pursuant to N.J.S.A. 40:55D-110.
(6) Provide written reports pursuant to N.J.S.A. 40:55D-111
on the application of the Zoning Ordinance provisions concerning historic
preservation.
(7) Report at least annually to the Land Use Board and
the Council of the Borough of Beach Haven on the state of historic
preservation in the Borough and to recommend measures to improve same.
[Amended 9-13-2010 by Ord. No. 2010-20]
(8) Collect and disseminate material on the importance
of historic preservation and specific techniques for achieving same.
(9) Advise all Borough agencies regarding goals and techniques
of historic preservation.
(10) Review all proposed National Register nominations
for properties that come within the jurisdiction of the Commission,
as established by the criteria of the 1980 amendments of the National
Historic Preservation Act of 1966.
(11) Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough of
Beach Haven.
(12) Assist applicants in obtaining any financial assistance,
whether in the form of loans or grants, or tax benefits, from any
federal, state or local entity.
(13) Exercise any and all other powers authorized by law.
I. Meetings. The Historic Preservation Advisory Commission
shall meet on a regular monthly basis. All meetings shall comply with
the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
In making its determinations and recommendations,
the Historic Preservation Advisory Commission shall take into consideration
specific standards, as set forth below.
A. Demolitions.
(1) In regard to an application to demolish an historic
landmark or any improvement within an historic district, the following
shall be considered:
(a) Its historic, architectural, archaeological, and/or
aesthetic significance.
(c) Its importance to the Borough and the extent to which
its historical, architectural or archaeological value is such that
its removal would be detrimental to the public interest.
(d) The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(e) The structural soundness and integrity of the building
and the economic feasibility of restoring or rehabilitating the structure
so as to comply with the applicable building codes.
(f) If it is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
(2) Upon the recommendation of the Historic Preservation Advisory Commission, taking into account the factors set forth in Subsection
A(1)(a) through
(f) above, the Construction Official may postpone the demolition of a landmark or improvement within or without an historic district for a period of 12 months. If the Historic Preservation Advisory Commission recommends such postponement, it shall promptly initiate such actions as may lead to the preservation of the landmark or improvement.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
(3) The Historic Preservation Advisory Commission may
at any time during such delay period approve a certificate of appropriateness
and, at the end of such delay period, shall approve if it has not
already done so a certificate of appropriateness. Upon the issuance
of such certificate of appropriateness during the delay period or
at the termination thereof, the Borough of Beach Haven may, within
60 days or such further period that the property owner may agree,
relocate the structure and for a failure to relocate the structure
during such period a demolition permit shall be forthwith issued by
the Construction Official.
(4) In the event of the imposition of the twelve-month
delay as herein provided for, the applicant may appeal the imposition
of such delay to the Land Use Board. Such appeal shall be accompanied
by a certificate of an independent structural engineer detailing how
and in what manner the structural integrity of the structure has been
so compromised that it should be demolished. Within 30 days of the
filing of such an independent certificate the Borough of Beach Haven
shall have the right to have the building inspected by its own engineer
at the Borough's sole cost and expense.
[Amended 8-6-2015 by Ord.
No. 2015-21C]
B. Removals out of the Borough. In regard to an application
to move an historic landmark or any structure in an historic district
to a location outside of the Borough, the Commission shall consider
the following matters:
(1) The historic loss to the site of the original location.
(2) The compelling reasons for not retaining the landmark
or structure at its present location.
(3) The proximity of the proposed new location to the
Borough, including the accessibility to the proposed new location
to the Borough, including the accessibility to the residents of the
Borough and other citizens.
(4) The probability of significant damage to the landmark
or structure itself as a result of the move.
(5) The applicable matters set forth in §
41-8A of this chapter.
C. Removals within the Borough. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the Commission shall consider the following, in addition to the matters set forth in §
41-8B of this chapter:
(1) The compatibility, nature and character of the current
and of the proposed surrounding areas as they relate to the intent
and purposes of this chapter.
(2) If the proposed new location is within an historic district, the visual compatibility factors as set forth in §
41-8F of this chapter.
D. Visual compatibility. In regard to an application to move a landmark or structure into an Historic District, or to construct a new structure or add to or alter an existing structure within an Historic District, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in §
41-8F of this chapter.
E. Other considerations on applications for certificates of appropriateness. In regard to an application for approval pursuant to §
41-6 of this chapter, the following shall be considered:
(1) If an historic landmark or structure in an historic
district is involved:
(a) The impact of the proposed change on its historic
and architectural character.
(b) Its importance to the Borough and the extent to which
its historic or architectural interest would be adversely affected
to the detriment of the public interest.
(c) The extent to which there would be involvement of
textures and materials that could not be reproduced or could be reproduced
only with great difficulty.
(2) The extent to which the proposed action would adversely
affect the public's view of a landmark or structure within an Historic
District from a public street.
F. Visual compatibility factors. The following factors
shall be considered in determining the visual compatibility of a building,
structure or appurtenance thereof with the buildings and places to
which they are visually related and shall be known as "visual compatibility
factors":
(1) The height of the proposed building being visually
compatible with adjacent buildings.
(2) The relationship of the width of the building to the
height of the front elevation being visually compatible with the buildings
and places to which it is visually related.
(3) The relationship of the width of the windows to the
height of the windows in a building being visually compatible with
the building in which they are located and to all buildings on lots
within 200 feet thereof. The relationship of solids to voids in the
front facade of a building shall be visually compatible with the buildings
and places to which it is visually related.
(4) The relationship of solids to voids in the front facade
of a building being visually compatible with the buildings and places
to which it is visually related.
(5) The relationship of the building to the open space
between it and the adjoining buildings being visually compatible with
the buildings and places to which it is visually related.
(6) The relationship of the entrance or entrances and
the porch projections to the street being visually compatible with
the buildings and places to which it is visually related.
(7) The relationship of materials, texture and color of
the facade and roof of a building being visually compatible with the
predominate materials used in the buildings to which it is visually
related.
(8) The roof shapes of a building being visually compatible
with the buildings to which it is visually related.
(9) Appurtenances of a building such as walls and open-type
fencing forming cohesive walls of enclosure along a street to the
extent necessary to maintain compatibility of the building with the
buildings and places to which it is visually related.
(10) The size of a building and the mass of a building
in relation to open spaces, the windows, door openings, porches and
balconies being visually compatible with the buildings and places
to which it is visually related.
(11) A building being visually compatible with buildings
and places to which it is visually related in its directional character,
whether this be vertical character, horizontal character or nondirectional
character.
(12) New buildings having the same relative placement on
the lot as the older structures and the setback distance from the
street being equal.
(13) A structure's related exterior features such as lighting,
fences, signs, sidewalks, driveways and parking areas shall be visually
compatible with the features of those structures to which it is visually
related.
G. Financial assistance. If the cost of compliance with
the requirements of this section increases the cost of the work to
be done, the applicant may apply to the Borough of Beach Haven for
financial assistance for such excess costs. Such financial assistance
may be in the form of a grant, tax relief, or a no- or low-interest
loan for all or part of such excess costs, on such terms as the Borough
of Beach Haven may hereafter determine and adopt, and depending upon
whatever funds the Borough of Beach Haven hereafter may make available
for such a purpose.
[Amended 9-13-2010 by Ord. No. 2010-20]
A. Recognizing the need for preventive maintenance to
ensure the continued useful life of landmarks and structures in the
Historic District, the Council of the Borough of Beach Haven hereby
declares that code enforcement in relation to landmarks and structures
in historic districts is a high Borough priority.
B. In the event that any landmark or improvement in an
historic district suffers deterioration to the point where, in the
opinion of the Construction Official of the Borough of Beach Haven,
the deterioration jeopardizes the continuing existence of the landmark
or improvement, the Construction Official of the Borough of Beach
Haven is hereby authorized to file an application with the Historic
Preservation Advisory Commission, upon notice to the owner, to compel
the owner to appear at the next meeting of the Commission to show
cause why corrective action and repairs as recommended by the Commission
should not be undertaken. Upon resolution duly adopted by that Commission
the owner shall make the reasonable repairs requested by the Commission
and, for a failure to do so, the Construction Code Official shall
recommend to the Council of the Borough of Beach Haven that an action
be commenced in the Superior Court of New Jersey Chancery Division
seeking a mandatory injunction to compel the owner to take appropriate
remedial action. Decision as to whether or not to commence such Chancery
Division action shall be in the sole discretion of the Council of
the Borough of Beach Haven.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Advisory Commission shall from time to time
inventory other individual properties in the Borough of Beach Haven
which may meet the criteria established for Historic District resources
and historic landmarks. Upon the inventory of such structures, a list
thereof shall be forwarded to the Council of the Borough of Beach
Haven who shall, upon due consideration, determine whether or not
such structures and landmarks and historic sites should be included
as separate historic preservation districts and, if the Council shall
so determine, appropriate ordinance enactment may be made by the Council.