[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:
The construction of a new improvement as a part of an existing
improvement when such new improvement changes the exterior appearance
of any landmark.
The person designated by the Mayor to handle the administration
of building permit applications as referenced in this chapter.
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.
A structure which houses human activity.
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.
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.
Partial or total razing or destruction of any landmark or
any improvement within an historic district.
The condition of being in need of repairs; a structure or
building in disrepair.
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.
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:
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;
Associated with the historic personages important
in national, state or local history;
The site of an historic event which has had
a significant impact or effect on the development of the nation, state
or community;
An embodiment of the distinct characteristics
of a type, period or method of architecture or engineering;
Representative of the work of an important building,
designer, artist or architect;
Containing elements of design, detail, materials
or craftsmanship which represent a significant innovation; or
Able or likely to yield information important
in prehistory or history.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Major repairs affecting the exterior architectural appearance
of a structure when a building permit is required for the same.
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.
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.
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.
B.
The Berlin Hotel, Block 1108, Lot 2 of the Tax Map of Berlin Borough.
[Added 12-8-2022 by Ord.
No. 2022-12]
C.
The Townsend Post Office, Block 1108, Lot 4.01 of the Tax Map of
Berlin Borough.
[Added 12-8-2022 by Ord.
No. 2022-12]
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]
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]
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.
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:
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
(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.
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.
