Allenhurst City Zoning Code
§ 26-11.8
Historic Review Process.
[Ord. No. 2003-05, § 008; Ord. No. 2017-12 § 6]
a.
Requirement for a Certificate of Appropriateness.
[Amended 5-28-2019 by Ord. No. 2019-06]
1.
A certificate of appropriateness is required in the District for the following actions:
(a)
A change, rehabilitation, restoration, reconstruction, improvement or alteration to the exterior of a building, accessory building or garage, which would modify the architectural elements of the building or structure as follows:
(1)
Effecting the design/shape/pitch or existence of the roof including, but not limited to, main roofs, dormers, roofs of bay or cantilevered windows, pediments/parapets, towers, porches, cupolas, porte cocheres, balconies;
(2)
Alteration of, or changes to, widows, including demotion of nonlinear (e.g., oval, palladian, etc.) window frame outlines;
(3)
Alteration of the traditional predominant substance/texture/finish of a building (e.g., changing from wood siding to stucco, stucco to brick, from wood material to composite material, any existing wall surface to a different wall surface).
(b)
Additions to any building, accessory building or garage as defined herein;
(c)
Demolition of any building, accessory building or garage as defined herein;
(d)
New construction;
(e)
Exceptions: There is no requirement for a certificate of appropriateness ("COA") in, inter alia, the following circumstances:
(1)
A COA shall not be required for the mere replacement of roofing material, re-shingling or other roof repair work, where the same does not alter the design/shape/pitch of any roof, as such efforts are considered maintenance work;
(2)
A COA shall not be required for the replacement, repair or reconstruction of any architectural feature [i.e., windows (size must be the same as original, change in size requires a COA), railings, balustrades, decking, exterior flooring on porches, columns, column capital and column base replacement (must be same size and profile, change in size and/or profile requires a COA), etc.] that is in-kind such that the final replaced or repaired feature will appear (i.e., it need not be of identical material, just similar "appearance") substantially the same as it did before the work in question;
(3)
A COA shall not be required for the resurfacing of driveways so long as the resurfacing material is in-kind and/or consistent with materials permitted in the Design Guidelines, and the work will not increase the impervious coverage at the property.
2.
Any applicant undertaking a change to the exterior of any building, accessory building or garage as indicated in Subsection a1 above shall first complete and submit an application for a zoning permit and impervious coverage determination to the Zoning Officer. After receiving the determinations from the Zoning Officer, the applicant shall then file an application for a certificate of appropriateness and/or a general application to the Planning Board.
3.
The Construction Official shall not issue a building permit for an exterior change to any building, accessory building or garage, as indicated in Subsection a1 above, nor shall any construction occur in the case where a construction permit is not required, prior to review by the Planning Board and the issuance of a certificate of appropriateness and issuance of any required variances, except in the case of an ordinary repair (as defined herein), or an emergency repair (as defined herein) or in the event of the Board's failure to act in the time prescribed in N.J.S.A. 40:55D-111 or this § 26-11.8, Historic Review Process.
b.
A complete application for a Certificate of Appropriateness shall consist of:
1.
Completed application form in full as supplied by the administrative officer or Planning Board Secretary on the application form(s) approved by the Planning Board to the Planning Board Secretary, and a Zoning Permit Application and Impervious Coverage Determination to the Borough Zoning Officer;
2.
Architectural drawings or renderings of the details of the exterior of the building, accessory building or garage;
3.
A narrative description pursuant to the Design Guidelines of the proposed scope of work;
4.
In the case of an application for a partial or total demolition, a cost estimate (as defined herein) to rehabilitate/restore the building, accessory building or garage or part thereof sought to be demolished and a cost estimate (as defined herein) of the proposed demolition and replacement;
5.
Application and escrow fees required for the application(s) and relief requested, zoning permit, and impervious coverage determination, as may be required by resolution of the Borough of Allenhurst Planning Board and/or the Borough of Allenhurst Governing Body.
c.
Hearings.
1.
Within ninety (90) days of receipt of a complete application, the Secretary of the Planning Board will schedule a public hearing on the application to take place at a regular meeting of the Planning Board. The presence of the property owner or his legal representative is required.
2.
Hearings will be conducted pursuant to the administrative procedures established in the Developmental Ordinance of the Borough of Allenhurst as amended, as well as other statutory requirements of the State of New Jersey for the conduct of Planning Board Hearings, and as adopted by the Borough of Allenhurst Planning Board to the extent such procedures are not contrary to the statutory or regulatory laws of the State of New Jersey.
3.
Any application for an alteration or a demolition as required by § 26-11.8a above or for any other relief from the Developmental Regulations of the Borough of Allenhurst shall require the applicant to advertise and give public notice to owners of property within 200 feet of the proposed project, in accordance with the procedure for development applications. The applicant shall be responsible for sending out the appropriate notices and shall be responsible for paying the cost of the proceedings. On the date of the hearing, the applicant shall be required to provide the Planning Board with an affidavit of mailing and an affidavit of publication as proof of fulfilling the notification and advertisement requirements specified herein.
[Amended 5-28-2019 by Ord. No. 2019-06[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection c4, regarding minor alterations.
4.
Applications for minor alterations, as defined herein, shall not require the applicant to comply with the notice and advertisement provisions of paragraph c3 of this subsection.
d.
Determination by the Board. Upon completion of review by the Board, the Board may:
1.
Approve, approve with conditions or deny a development application;
(a)
When denying an application, the Planning Board shall state the reasons for the action;
(b)
Upon favorable decision approving, or approving with conditions, any Certificate of Appropriateness application, the Planning Board shall issue a Resolution for Certificate of Appropriateness within forty-five (45) days, which shall include all conditions of the approval, and which may also include any condition to have any other Planning Board professional review final plans.
(c)
Upon the applicant satisfying all resolution compliance conditions, the applicant shall submit six (6) sets of final plans signed by the applicant. The Planning Board Chairman, Vice-Chairman, or designee, and the Planning Board Secretary, shall sign the final, approved, plans after the Board and/or the Board's Professional's determinations that the plans conform for resolution compliance.
(d)
The Construction Official(s) shall only issue construction permits when the final, approved, and sealed plans have been signed by all required parties, which include but may not be limited to the applicant; applicant's professionals who prepared the plans; Planning Board Chairperson, Vice-Chairperson or designee; Planning Board Secretary; and Planning Board Professionals as may be necessary. A fully signed set of the final plans shall be retained by the Planning Board Secretary for the Planning Board File, and a fully signed set shall be delivered to the Zoning Officer and the Construction Official for their respective files. A set of fully signed plans shall also be delivered to the applicant and applicant's professionals by the Planning Board Secretary.
2.
The Certificate of Appropriateness shall authorize the Construction Official to issue a building permit if all other conditions or requirements of the resolution or law, and the Borough's Development regulations, have been satisfied.
(a)
The Certificate of Appropriateness shall be valid for one (1) year from the date it is issued by the Planning Board. Two (2) extensions of six (6) months each may be granted by the Planning Board, at their discretion, upon written request by the applicant and the applicant's appearance before the Board to substantiate the basis upon which the Board should grant any such extension.
3.
If, after a Certificate of Appropriateness has been issued, a change in the scope of the work becomes necessary or desired by the applicant, the applicant shall immediately halt all ongoing activity and reapply to the Planning Board pursuant to the procedures set forth in this section.