Borough of Berlin, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Berlin 11-20-1989 by Ord. No. 89-26. Amendments noted where applicable.]
The purpose of this chapter is to safeguard the heritage of the Borough of Berlin by preserving the elements of its cultural, social, economic and architectural history. This is to be accomplished through the preservation of historic buildings, structures and places and districts of historic interest. These goals will be accomplished through the development and maintenance of appropriate settings for such buildings, structures, places and districts. Other purposes are the preservation and promotion of the historic districts as essential elements of municipal character and identity as visible reminders of the historic and cultural heritage of the Borough of Berlin.
[Added 8-6-1990 by Ord. No. 90-24]
As used in this chapter, the following terms shall have the meanings indicated:
ADDITION
The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
ADMINISTRATIVE OFFICER
The person designated by the Mayor to handle the administration of building permit applications as referenced in this chapter.
ALTERATION
Any work done on any existing improvement which: is not an addition to that improvement; or changes the appearance of the exterior of any improvement.
BUILDING
A structure which houses human activity.
CERTIFICATE OF APPROPRIATENESS
A document issued by the Historic Preservation Commission following a prescribed series of hearings and review procedures in accordance with this chapter, which certificate concludes that the proposed development is acceptable.
CONTRIBUTING
Any buildings, structures, sites or objects which are integral components of the historic district because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
DEMOLITION
Partial or total razing or destruction of any landmark or any improvement within an historic district.
DISREPAIR
The condition of being in need of repairs; a structure or building in disrepair.
HISTORIC DISTRICT
A geographically defined area possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects which represent significant periods in the development of the Borough or have a distinctive character resulting from their architectural style or because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the Borough. This is an area which is significant in American history, architecture, engineering, archaeology or culture at the national, state or local level.
HISTORIC LANDMARK(S)
Any buildings, structures, sites, objects or districts which integrity of location, design, setting, materials, workmanship and association which have been determined, pursuant to the terms of this chapter, to be:
A. 
Of particular historic significance to the Borough of Berlin by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;
B. 
Associated with the historic personages important in national, state or local history;
C. 
The site of an historic event which has had a significant impact or effect on the development of the nation, state or community;
D. 
An embodiment of the distinct characteristics of a type, period or method of architecture or engineering;
E. 
Representative of the work of an important building, designer, artist or architect;
F. 
Containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
G. 
Able or likely to yield information important in prehistory or history.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formerly designated in the Master Plan as being of historical, archaeological, cultural or architectural significance.
IMPROVEMENT
Any structure or part thereof constructed or installed upon real property by human endeavor and intended to be kept or maintained at said location for a period of not less than 120 continuous days.
LANDMARK DESIGNATION
The official recognition of any site, building, structure or area which has been determined to have or contain architecturally, historically or archaeologically significant features or elements and which adheres to the criteria as established by the National Historic Preservation Act of 1966, as amended.
ORDINARY MAINTENANCE
The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same, as nearly as practicable, to its condition prior to the occurrence of such deterioration, wear or damage. "Ordinary maintenance" shall include replacement of exterior elements or accessory hardware using the same materials and maintaining the same appearance.
PRESERVATION
The act or process of applying measures to sustain the existing form, integrity and/or material of a building or structure and/or the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, and ongoing maintenance of the historic building materials.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration or damage or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object or any part thereof as it may have appeared at a specific period of time.
REHABILITATION
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use, while preserving those portions or features of the property which are significant to its historic, architectural and/or cultural values.
REPAIR
Any work done on an improvement which is not an addition to the improvement and does not change the appearance of the exterior surface of any improvement.
REPLACEMENT
Major repairs affecting the exterior architectural appearance of a structure when a building permit is required for the same.
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
SITE
The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains. It may be the location of a ruined building, structure or object, if the location itself possesses historical, cultural or archaeological significance.
STRUCTURE
Any 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.
A. 
The Historic Preservation Commission is hereby created. It shall consist of seven regular members and two alternates. They shall be appointed by the Mayor, with the advice and consent of the Council. These individuals shall serve without compensation and should be concerned with the history of the Borough of Berlin and the preservation of historic buildings, places, structures and districts. There shall be a designation of the category of appointment by the Mayor of at least one member of each of the following classes; however, of the regular members, a total of at least one fewer than a majority shall be of Classes A and B.
[Amended 2-18-1992 by Ord. No. 92-5]
(1) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough of Berlin.
(2) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(3) 
Class C: these members must be citizens of the municipality who hold no other municipal office, position or employment except that they may be members of the Planning or Zoning Boards. To the greatest extent practicable, the membership of Class C should consist of residents of the various historic districts established within the Borough of Berlin.
B. 
At the time of appointment, the designation of the appointee shall be as a regular member by class or an alternate member as "Alternate No. 1" or "Alternate No. 2." The terms of the regular members shall be four years, except that the initial term of those first appointed shall be as follows: Two terms to expire at the first meeting of the governing body in January 1991; two terms to expire at the first meeting of the governing body in January 1992; two terms to expire at the first meeting of the governing body in January 1993; one term to expire at the first meeting of the governing body in January 1994. The initial term of Alternate No. 1 shall expire at the first meeting of the governing body in January 1991; the initial term of Alternate No. 2 shall expire at the first meeting of the governing body in January 1992. Thereafter, all terms for alternate members shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
C. 
In the event that a member of the Commission is also a member of either the Planning or Zoning Board, the term of said member shall not exceed the term of membership on said Board.
D. 
All vacancies on this Commission shall be filled with qualified members, as set forth in this chapter, within 60 days after the occurrence of the vacancy.
[Added 8-6-1990 by Ord. No. 90-24]
A. 
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary who need not be a regular member and may but need not be a municipal employee. If said Secretary is a municipal employee, however, the work of the Commission shall be performed outside of the regular municipal working hours.
B. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, the first choice shall be Alternate No. 1, if present at the meeting.
C. 
No member of the Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
D. 
A member of the Commission may, after public hearing, if he requests it, be removed by the governing body for cause.
A. 
The governing body shall make provision in the budget for funding and expenses of the Historic Preservation Commission. The amount of said funding is subject to the discretion of the governing body.
B. 
The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation determined by the governing body. Expenditures pursuant hereto shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the use of the Commission.
C. 
The governing body may establish, by ordinance, a reasonable fee schedule to provide funding which may be necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications.
A. 
The Commission may appoint a consultant who is a recognized professional in the studies of architectural history, historic preservation or similar discipline to advise the Commission on pending applications. Said Commission must consider any report of the consultant in rendering its decision.
B. 
A majority of the regular membership shall constitute a quorum. Business may be conducted by a majority vote of those present. In cases of the grant or denial of a certificate of appropriateness or the grant or change of a historic designation, a majority vote of the full regular membership is required.
C. 
The Commission shall adopt written rules for the transaction of business and for the consideration of applications for certificates of appropriateness. Said rules may not be inconsistent with the provisions of this chapter.
D. 
Within six months of its organization, the Commission shall prepare and recommend to the governing body, pursuant to § 28-13, hereof, a landmark and historic designation list and map which shall be referred to the municipal governing body for its review, approval and ultimate adoption by ordinance.
E. 
The Commission shall recommend from time to time, as circumstances warrant, the appropriate amendments to the Landmark and Historic Designation List and Map.
F. 
The Commission shall report, at least annually, to the governing body on the state of historic preservation in the municipality and recommend improvements and appropriate changes.
G. 
The Commission shall advise and counsel the various municipal agencies and boards regarding goals and techniques of historic preservation and to suggest long-range planning and the utilization of public funds; advise and assist municipal officials, professionals and consultants, including those at all governmental levels, on matters which may have potential impact on the historic buildings, places and structures in Berlin; and do all things necessary and appropriate, in the discretion of the Commission, which will promote historic preservation in the Borough of Berlin.
H. 
All Commission members must annually attend a conference or training workshop on historic preservation issues.
[Added 8-6-1990 by Ord. No. 90-24]
I. 
Members are required to attend no fewer than 2/3 of the scheduled meetings during each and every year. Personal illness, family death and inclement weather may excuse a member from the minimum attendance rule. Failure to comply with attendance requirements may result in the declaration of a vacancy.
[Added 8-6-1990 by Ord. No. 90-24]
[Added 12-15-1997 by Ord. No. 97-22]
The following historic resources are hereby designated as historic landmarks:
A. 
Long-A-Coming Depot, Block 99 of the Tax Map of Berlin Borough, individually listed on the New Jersey and National Registers of Historic Places.
A. 
Those areas designated as historic districts pursuant to the appropriate zoning and planning ordinances of the Borough of Berlin and those structures designated as landmarks on either the State or National Register of Historic Places shall be subject to the provisions of this chapter.
B. 
Within historic districts, the regulations contained herein and appropriate zoning provisions shall apply. Whenever there is a conflict between the zoning ordinances and the regulations provided herein, the more restrictive of the two shall apply. If any portion of a Tax Map lot lies within an historic district, then all of such Tax Map lot shall be deemed to be within such historic district.
C. 
Historic district boundaries, as established pursuant to this chapter or as may be established in the future, shall be designated as such on the Zoning Maps of the Borough of Berlin.
A. 
A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued for any of the following or, in the event that no other type of permit is required, before work can commence on the following:
(1) 
Demolition of any historic landmark, wherever located in the Borough of Berlin; demolition of any building, place or structure within the historic district.
(2) 
Relocation of any historic landmark or of any improvement or structure within the historic district.
(3) 
Any material changes in the exterior appearance of any existing landmark or any material changes in the exterior appearance of any building, place or structure within the historic district.
(4) 
Any new construction or addition to any principal or accessory structure within the historic district.
(5) 
Changes in or addition of new signs or exterior lighting within the historic district.
B. 
Pinelands Area.
[Added 2-18-1992 by Ord. No. 92-5]
(1) 
A certificate of appropriateness shall be required before a permit is issued for any of the above activities or other development activities for any resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or where a significant resource has been identified pursuant to a cultural resource survey as described in § 28-13K.
(2) 
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in § 28-13K 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 governing body pursuant to § 28-14 within that two-year period, the historic resource standards of this section 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 5-19-1997 by Ord. No. 97-6]
A. 
A potential applicant who may be considering initiating any procedure which may require a certificate of appropriateness should seek and be granted an informal meeting with the Historic Preservation Commission. The informal meeting shall be held within 35 days of the receipt of such request. The purpose of such meeting is to instruct the applicant as to the standards of appropriateness, the procedures for obtaining the certificate, if necessary, and for resolving any minor projects.
B. 
If, at the time of the informal meeting, the Commission determines that the action for which a certificate of appropriateness is requested will not substantially affect the historic landmark or district, the Commission may grant a certificate of appropriateness at this informal meeting, without any further adherence to the formal procedures required for applications for certificates. On the other hand, if the action involves the Pinelands Area, notice will be provided to the Pinelands Commission in accordance with N.J.A.C. 7:50-6.156(a)3 and consistent with § 44A-23.4 of the Code of the Borough of Berlin[1] for any Pinelands designated site or any site in the Pinelands Area listed on the State or National Register of Historic Places. This informal procedure would apply to those cases of very minor projects involving exterior repairs or alterations of existing buildings, signs, walls, fences or exterior lighting. Naturally, even if the project is not substantial and could be approved at this informal meeting, the preliminary data and drawings submitted by the applicant must be sufficiently complete in order to justify the granting of an informal type of certificate of appropriateness.
[Amended 2-18-1992 by Ord. No. 92-5]
[1]
Editor's Note: Former Ch. 44A, Land Use, was superseded 6-16-1997 by Ord. No. 97-10. See now Ch. 335, Zoning.
A. 
Applications for certificates of appropriateness shall be made on forms available therefor in the office of the Construction Official, the office of the Municipal Clerk or from the Commission. Completed applications shall be delivered or mailed to the Commission. Detailed drawings, plans and specifications shall not be required, except for applications within the Pinelands Area. Each application may be accompanied by sketches, drawings, photographs, descriptions and other information to show the proposed alterations, additions, changes or new construction. Naturally, the Commission may require the subsequent submission of additional materials as deemed appropriate in order to render a decision.
[Amended 2-18-1992 by Ord. No. 92-5]
B. 
Upon receipt of the application, the Commission shall meet within 30 days thereof to consider the issue. The Commission shall notify the applicant of the time, date, place and subject of the meeting, within sufficient time so that the applicant can give at least 10 days notice of the time, date, place and subject of the meeting, in writing, to each property owner within 200 feet of the property which is the subject of the application. At the meeting, the applicant shall file proof, by form of affidavit, as to when the notice was given and the name of each property owner who had been served.
C. 
The Commission shall reach a decision on the application within 15 days after the meeting; otherwise the application shall be deemed to have been approved. Of course, the Commission and applicant may agree to an extension of time. The Commission shall advise the applicant as to the decision and make recommendations in regard to the appropriateness of the proposed action and may grant approval with such conditions as it deems appropriate within the intent and purposes of this chapter. An applicant shall not be required to appear or to be represented at any meeting where the application for the certificate of appropriateness is being considered. For applications within the Pinelands Area, notice will be provided to the Pinelands Commission consistent with § 44A-23.4 of the Code of the Borough of Berlin[1] for any certificate of appropriateness which is required either for a development approval or for an activity affecting a landmark designated by the Pinelands Commission.
[Amended 2-18-1992 by Ord. No. 92-5]
[1]
Editor's Note: Former Ch. 44A, Land Use, was superseded 6-16-1997 by Ord. No. 97-10. See now Ch. 335, Zoning.
D. 
If the application is approved, the Commission shall forthwith issue a Certificate of Appropriateness. If the application is disapproved, the Commission must state its reasons therefor, in writing, at the time the decision is rendered.
E. 
After the issuance of a certificate of appropriateness, the Construction Official shall inspect the work which had been authorized by the certificate and shall report to the Commission, the results of such inspections. The Commission may make inspections of the work.
F. 
The work authorized by the certificate of appropriateness must be initiated within one year from the date that the certificate has been granted. If a construction permit is required for such work, the certificate of appropriateness shall be valid for the life of the permit and any extensions thereof, otherwise, the certificate shall be valid for a period of two years from the date of issuance. The Commission has the discretion to grant reasonable extensions, based upon appropriate persuasive evidence.
G. 
In addition to conducting reviews at its regularly scheduled meetings, the Commission will conduct emergency review meetings, when necessary. These emergency meetings shall be held at the call of the Chair when any action requiring immediate consideration is necessary. This action may include a review of temporary repairs of historic properties and a review of other items pertaining to safety and the necessity for immediate and prompt action. The Chair shall convene a meeting for these purposes by giving appropriate notice in accordance with the Open Public Meetings Law[2] and notifying the members of the Commission of the time, date and location of the emergency meeting and the purpose thereof.
[Added 8-6-1990 by Ord. No. 90-24]
[2]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
H. 
A brief notice of the decision granting or denying a certificate of appropriateness shall be published by the Historic Preservation Commission in the official newspaper of the municipality. The Historic Preservation Commission may charge the applicant a reasonable sum for this publication. The period of time in which an appeal of the commission's decision may be made shall run from the first publication of the decision.
[Added 8-19-1996 by Ord. No. 96-12]
[Added 8-19-1996 by Ord. No. 96-12]
A. 
Any interested party may appeal to the Planning Board any final decision of the Historic Preservation Commission granting or denying a certificate of appropriateness. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 28-11H of this Code.
B. 
Public notice of a hearing on an appeal to the Planning Board shall be given by the person or entity filing the appeal as set forth at § 44A-19 of the Code,[1] Subsections A, B, C, G, H and I. Public notice pursuant to this section shall not be required if the application for development of an historic site or within an historic district was initially filed with the Planning Board in accordance with § 84-26.3B of this Code and the applicant complied with the public notice requirements of § 44A-19[2] which included notice that the applicant was requesting a certificate of appropriateness from the Historic Preservation Commission.
[1]
Editor's Note: Former Ch. 44A, Land Use, was superseded 6-16-1997 by Ord. No. 97-10. See now Ch. 335, Zoning.
[2]
Editor's Note: Former Ch. 44A, Land Use, was superseded 6-16-1997 by Ord. No. 97-10. See now Ch. 335, Zoning.
C. 
The Borough Clerk shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $10, make and certify a list from the current tax duplicate of the names and addresses of owners to whom the applicant is required to give notice.
A. 
Demolitions. On all applications to demolish any historic buildings, structures, sites or places, the following standards shall be considered:
(1) 
The historic, architectural and/or aesthetic significance.
(2) 
Its use.
(3) 
The significance and/or importance to the Borough of Berlin and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest. 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.
(4) 
The extent to which its retention would promote the historical and cultural heritage of the municipality or promote business; create new positions; attract tourists, students, writers, historians, artists and artisans and new residents; encourage study and interest in American history; stimulate interest and study in architecture and design; educate citizens in American and/or Berlin Borough culture and heritage, and/or make Berlin a more attractive and desirable setting in which to reside.
(5) 
The probable impact of its removal upon the ambiance of the historic district.
(6) 
The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure in order to comply with the requirements of the Uniform Construction Code.
(7) 
The standards established by the United States Department of the Interior, regarding historic preservation.
(8) 
For applications within the Pinelands Area, the guidelines contained in N.J.A.C. 7:50-6.156(c)2.
[Added 2-18-1992 by Ord. No. 92-51]
B. 
Unsafe structures. In the event that a structure is unsafe or unsound and creates a danger to health or safety, the power and authority of the Borough of Berlin to demolish the structure, as otherwise provided by N.J.A.C. 7:50-6.158(a) and any other relevant law, shall not be impaired or altered by the provisions of this chapter. The Borough shall be exempt from making any application to the Commission to permit such demolition.
[Amended 2-18-1992 by Ord. No. 92-5]
C. 
Removals within or out of an historic district. With reference to any application to move historic buildings or structures located within an historic district to a new location, the following standards shall be considered in addition to those set forth in other provisions of this section:
(1) 
The compatibility, nature and character of the current and/or proposed surrounding areas as encompassed by the purpose clause of this chapter.
(2) 
Within the Pinelands Area, the guidelines contained in N.J.A.C. 7:50-6.156(c)2.ii(1) through (5).
[Added 2-18-1992 by Ord. No. 92-5]
(3) 
If the proposed new location is within any of the historic districts, the visual compatibility standards as set forth hereinafter shall be utilized.
D. 
Visual compatibility standards to be utilized for additions or removals. With reference to applications to add or move a building or structure into or to construct a new building or structure within any historic district, the visual compatibility of the proposed building or structure with the buildings, structures and places to which it would be visually related and the visual compatibility standards as set forth hereinafter shall be utilized.
E. 
Additional standards to be considered for other actions. In regard to any application for other proposed actions regulated by this chapter, the following additional standards shall be considered:
(1) 
With regard to historic buildings, places or structures:
(a) 
The impact of the proposed change on its historic and architectural character.
(b) 
Its importance to Berlin and the district 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 with great difficulty.
(2) 
The use of any of the involved buildings or structures.
(3) 
The extent to which the proposed action would adversely affect the public view of any historic building, place or structure.
(4) 
The impact that the proposed change would have on the character and ambiance of the historic district and on its visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility standards as set forth hereinafter.
(5) 
The economic feasibility of performing the work with materials or workmanship of a type equivalent or similar to the historical or architectural era during which the structure, building or place was constructed.
(6) 
Any standards of the United States Department of the Interior relating to historic districts, places or sites.
(7) 
Visual compatibility standards.
F. 
Evidence of little or no significance. With reference to all applications, under no circumstances shall any of the following be considered:
(1) 
Interior arrangement and design.
(2) 
Features not subject to public view, provided that they do not impact upon the historically significant features of any landmark or historic district which is located within the Pinelands Area.
[Amended 2-18-1992 by Ord. No. 92-5]
G. 
Permitted replacements. Nothing in this chapter shall be construed to prevent the replacement, in like kind, quality and appearance, of those elements necessary to the repair and maintenance of any building, place or structure.
H. 
Conflicts with codes. In all instances where there is a legal conflict between this chapter and the Uniform Construction Codes, rules, regulations and other ordinances, the provisions of such codes, rules, regulations and other ordinances shall govern.
I. 
Visual compatibility standards. The following standards shall be used 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 standards":
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3) 
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) 
Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the building and places to which it is visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) 
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) 
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8) 
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(9) 
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing and evergreen landscape masses, shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) 
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) 
Directional expression of front elevation. A building shall be 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.
J. 
Criteria for designation of historic districts, sites or landmarks.
[Added 8-6-1990 by Ord. No. 90-24]
(1) 
The following standards shall be utilized as criteria in making a determination of an historic district, site or landmark.
(a) 
That it is associated with events that have made a significant contribution to the broad patterns of our history.
(b) 
That it is associated with the lives of persons significant in our past.
(c) 
That it embodies the distinctive characteristics of a type, period or method of construction or that represent the work of a master or that possess high artistic values or that represent a significant and distinguishable entity whose components may lack individual distinction.
(d) 
That it has yielded or may be likely to yield information important in prehistory or history.
(2) 
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 the National Register. However, such properties will qualify for designation hereunder if they are integral parts of districts 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.
(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.
(c) 
A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life.
(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.
(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.
(f) 
A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.
(g) 
A property achieving significance within the past 50 years if it is of exceptional importance.
K. 
Cultural resource surveys in the Pinelands.
[Added 2-18-1992 by Ord. No. 92-5]
(1) 
A cultural resource survey in accordance with the Pinelands Cultural Resource Management Plan For Historic Period Sites shall accompany all major development applications, as defined in § 44A-3.1 of the Code of the Borough of Berlin.[1] This requirement for a survey may be waived by the Historic Preservation Commission 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 § 28-13J.
[1]
Editor's Note: Former Ch. 44A, Land Use, was superseded 6-16-1997 by Ord. No. 97-10. See now Ch. 335, Zoning.
(2) 
Based upon the cultural resource survey, the Historic Preservation Commission shall determine all resources which are significant according to the criteria contained in § 28-13J.
(3) 
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:
(a) 
A narrative description of the resource and its cultural environment;
(b) 
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(c) 
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d) 
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.
(4) 
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Historic Preservation Commission 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).
A. 
The Commission shall make a comprehensive survey of the Borough of Berlin for the purpose of identifying historic districts and landmarks which are worthy of protection and preservation.
B. 
Based on the survey and other appropriate evidence, the Commission shall document the importance and historical significance to the municipality, state or nation of each landmark designation in terms of the purposes and criteria set forth in this chapter. Within the Pinelands Area, this documentation shall be submitted on a properly completed National Register of Historic Places Inventory - Nomination Form. Thereafter, the Commission, by certified mail, shall:
[Amended 2-18-1992 by Ord. No. 92-5]
(1) 
Notify each owner that his property has been tentatively designated an historic landmark or within an historic district and the reasons therefore.
(2) 
Advise each owner of the significance and consequences of such tentative designation, and advise him of his opportunities and rights to challenge or contest such designation.
C. 
The Commission shall, as soon as practicable, make public a complete list and map of the tentatively designated landmarks and districts specifying the location, boundaries and proper names thereof and, in each case, the reason for such designation. In designating any landmark or historic district, the Commission may exempt any improvement or any portion of any Tax Map lot, the demolition or alteration or improving of which would not affect the landmark or district as to the purposes and criteria set forth in this chapter. Such exemption shall only be for good cause shown and upon affirmative vote of 2/3 of the full authorized membership of the Commission. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list and map showing all proposed historic districts and landmarks shall be published, together with notice of the hearing on same, in the official newspaper not less than 10 days before such hearing is to be held.
D. 
After full consideration of the evidence brought forth at the special hearing, the Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each landmark and historic district designation.
E. 
The list shall be submitted thereafter to the Clerk of Berlin Borough. The governing body shall then consider whether to adopt the designation list and map by ordinance. Once adopted, the designation list and map may be amended in the same manner in which it was adopted. Upon adoption, the designation list and map shall also be incorporated by reference into the Municipal Map and zoning.
F. 
Copies of the designation list and official map as adopted shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list.
G. 
Each designated historic district or landmark may be marked by an appropriate plaque, in such form as the Commission shall promulgate by regulation.
A. 
If any person shall undertake any activity vis-a-vis a landmark or improvement within an historic district without first having obtained a certificate of appropriateness, such person shall be deemed to be in violation of this chapter.
B. 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the municipal tax rolls.
C. 
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter.
D. 
The penalty for violations shall be as follows:
(1) 
For each day, up to 10 days: not more than $50 per day.
(2) 
For each day, 11 to 25 days: not more than $75 per day.
(3) 
For each day beyond 25 days: not more than $100 per day.
E. 
If any person shall undertake any activity vis-a-vis a landmark or improvement within an historic district without first having obtained a certificate of appropriateness, he shall be required to restore the same.
F. 
In the event that any action which would permanently change adversely the landmark or historic district, such as demolition or removal is about to occur without a certificate of appropriateness having been issued, the governing body is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.