Long Branch City Zoning Code
ARTICLE XII
Historic Preservation
§ 345-122 Short title.
This article shall be known and may be referred to as the "Historic Preservation Ordinance of the City of Long Branch."
§ 345-123 Scope.
A.
In adopting this article, it is the intention of the City Council of the City of Long Branch to designate and regulate historic sites within the City consistent with and pursuant to the Municipal Land Use Law of the State of New Jersey (N.J.S.A. 40:55D-1 et seq.) and as interpreted by court decisions in this state.
B.
A Commission is hereby created to review the potential effect of development and permit applications on designated historic sites and to work with and advise the Planning Board and Zoning Board and individual property owners on the effect of applications coming before either Board on designated historic properties or improvements within an historic district.
C.
This article is intended to regulate only those activities on designated sites which require a permit from a municipal officer or employee or which require an application for development to the Planning Board or Zoning Board. Nothing herein shall prevent review of other activities by the Commission, but such review is not required by the adoption of this article.
D.
This article does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near an historic site should not necessarily duplicate the exact style of the site; rather, it should be compatible with and not detract from the historic site.
E.
This article does not require or mandate the creation of any historic district(s).
§ 345-124 Findings and purpose.
A.
The City Council of the City of Long Branch finds and determines that the City has many historic and architecturally significant properties, together with groupings of properties of generally vernacular structures. These properties contribute visually to the character and integrity of the City and are important in assessing the historic patterns of development and the City's history. Maintaining, preserving, and rehabilitating these visual links to the past is an important function of government, not only to provide a sense of stability and continuity for future generations, but to provide impetus for the revitalization of the City's economic base and for the resulting increase in property values.
B.
Moreover, the City's Master Plan adopted by the City Council in 1988 contained many elements related to historic preservation designations, including a list of more than 60 properties which were identified as qualifying for landmark status.
C.
These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples of the City's environment in order to:
(1)
Safeguard the heritage of Long Branch by preserving resources within the City which reflect elements of its cultural, social, economic and architectural history;
(2)
Encourage the continued use of historic landmarks and facilitate their appropriate use;
(3)
Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites or objects within the City of Long Branch;
(4)
Stabilize and improve property values for historically significant buildings and buildings within the historic district, and foster civic pride in the building environment containing historic sites;
(5)
Promote appreciation of historic landmarks for education, pleasure and the general welfare of the local population;
(6)
Encourage beautification and private reinvestment in or near historic sites;
(7)
Manage change by preventing alteration or new construction not in keeping with the historic districts or individually designated historic properties;
(8)
Discourage demolition of historic resources;
(9)
Encourage the proper maintenance and preservation of historic settings and landscapes;
(10)
Encourage appropriate alteration of historic landmarks;
(11)
Enhance the visual and aesthetic character, diversity, continuity and interest in the City of Long Branch; and
(12)
Promote the conservation of historic sites and invite and encourage voluntary compliance.
§ 345-125 Establishment of Historic Preservation Advisory Commission; membership; terms; vacancies.
A.
Establishment. Pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., the City of Long Branch Historic Preservation Advisory Commission (hereafter "Commission") is hereby established and created.
B.
Membership. The Commission shall consist of seven regular members, three of which shall be Class A and three of which shall be Class B, and who shall serve without compensation, except that Commission members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business within the guidelines of the budget established by the City Council. Two Commission members shall be appointed solely by the Mayor, and five Commission members shall be appointed solely by the City Council. The Commission shall include members from each of the following classes:
[Amended 2-9-2010 by Ord. No. 1-10]
(1)
Class A: a person knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
(2)
Class B: a person who is knowledgeable of or with a demonstrated interest in local history and who may reside outside the municipality; and
(3)
Class C: regular members who are not designated Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or the Board of Adjustment.
(4)
No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest, and all members shall disclose to the Commission any such personal or financial interest.
C.
Term; vacancies; removal. The terms of members shall be for four years. The terms of the initial members appointed under this article shall be staggered, to the extent possible, evenly over the first four years after their appointment. The term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Zoning Board shall be for the term of membership on the Zoning Board. All members, at the expiration of their terms, may be eligible for appointment to an additional four-year term. Appointments to fill vacancies shall be only to complete the unexpired terms. Vacancies shall be filled within 60 days. A member of the Commission may, after public hearing if requested, be removed by the City Council for cause.
§ 345-126 Organization of Historic Preservation Advisory Commission.
A.
Officers. Each year in the month of January, the Commission shall elect a Chairman and Vice Chairman from its members and select a secretary who may or may not be a member of the Commission or a municipal employee.
B.
Staff, experts, counsel, expenses and costs.
(1)
The City Council shall make provision in its annual budget and appropriate funds for the expenses of the Commission.
(2)
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 or other authorized attorney approved by the City Council at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts, grants or other sources of self-generated revenue, the amount appropriated by the governing body for the Commission's use and shall be in accordance with the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(3)
Escrow and application fee schedules, which are necessary to reimburse the Commission for costs incurred pursuant to § 345-126B(2), shall be established and adopted via ordinance by the City Council.
C.
Meetings; procedures; decisions. The Commission shall reorganize annually, each January. The Commission may adopt such administrative rules, regulations, procedures and forms for applications by formal resolution, as shall provide for the orderly conduct of its business and processing of applications, provided that such rules, regulations and procedures shall not be inconsistent with any provision of this article. A quorum shall consist of four members. All Commission meetings shall be subject to the Open Public Meetings Act.[2] To the extent practical, the procedures followed by the Commission as to public hearings, voting, etc., shall be patterned after those of a Planning Board pursuant to the Municipal Land Use Law.[3] Decisions by the Commission shall be in writing by resolution setting forth findings of fact and conclusions of law. The Commission may follow the procedure for memorializing decisions as is permitted for Planning Boards.
D.
A staff member of the Department of Building and Development may attend all meetings of the Commission and may participate in a nonvoting capacity.
§ 345-127 Responsibilities of Historic Preservation Advisory Commission.
A.
Powers and duties. The powers and duties of the Commission shall be as follows:
(1)
To prepare and to maintain guidelines for the appropriate architectural designs applicable to the exterior appearance of new construction and for the renovation, alteration, enlargement or other change to the exterior of structures that are located on an historic property in the City which have been designated historic landmarks.
(3)
To review and make recommendations on proposed designs and other design elements (e.g., exterior materials, signs, landscaping, exterior lighting, etc.) contained in site plans for new, enlarged, or altered existing buildings designated as landmarks.
(4)
To review and make recommendations on design for all plans that call for the construction of new buildings or the improvement or demolition of existing buildings, in whole or in part, that are located in or on any historic property, site or buildings located elsewhere in the City that have been designated by the City or other agency.
(5)
To study and prepare reports evaluating other areas or properties in the City which, because of their recognized architectural/historical significance, would qualify as historic landmarks. Such findings and recommendations shall be presented to the Planning Board for action thereon and shall be included in the list of properties.
(6)
Prepare an inventory of historic sites/landmarks of the City pursuant to criteria identified in the survey report. Thereafter, in cooperation with City professionals, determine which properties are eligible for state and national historic preservation designation and apply for such designations where applicable. For purposes of "survey" definition, the Commission adopts the following nationally accepted guidelines: National Register Bulletin 24-Guidelines for Local Surveys, "A Basis for Preservation Planning"; and National Register Bulletin 15 – "How to Apply the National Register Criteria."
(7)
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan.
(8)
Advise the Planning Board and City Council on the inclusion of historic landmarks in any recommended capital improvement program.
(9)
Advise the Planning Board and the Board of Adjustment on applications for development.
(10)
Provide written reports on the application of the zoning provisions concerning historic preservation to the administrative officer in charge of issuance of building permits.
(11)
Carry out such other advisory, educational and informational functions as will promote historic preservation in the City, including serving as the City's archivists and participating in education programs dealing with preservation for schools, senior citizens and others.
(12)
Assist other public bodies in aiding the public in understanding historic resources, their significance and methods of preservation.
(13)
Advise the City Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, sites and structures, including the preparation of a long-range plan; identify and secure state, federal and other grants and aid to assist therein; and monitoring such projects once underway.
(14)
Recommend to the Planning Board and the City Council the establishment and boundaries of historic sites where appropriate.
(15)
Advise the Board of Adjustment as to the granting of use variances where such are deemed to be within the intent and purposes of this article.
(16)
Secure the voluntary assistance of the public and, within the limits of the budget established by the City Council for the Commission's operation, to retain consultants and experts and incur expenses to assist the Commission in its work and to provide testimony in support of the Commission's position before other bodies, commissions or courts.
(17)
Cooperate with local, county, state, or national historical societies, governmental bodies and organizations to maximize their contributions to achieve the intent and purposes of this article.
(18)
Recommend to the applicable county, state and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
(19)
To provide recommendations, input and advice relative to sites of historic interest to the same extent as to historic landmarks and to buildings, structures, sites and/or objects; however when an application for a construction permit relating to a site of historic interest has caused the Commission's jurisdiction to be invoked, any such recommendation, input and advice shall be purely advisory and shall have no binding effect.
(20)
The Commission shall on or before January 14 of each year provide to the City Council, Municipal Clerk, Planning Board, Board of Adjustment, Construction Official and administrative officer an updated list of landmarks and sites of historic interest. Throughout the year, the Commission shall update such lists as designations change.
B.
Compatibility with other agencies.
(1)
The responsibilities, powers and duties of the Commission shall not conflict with or supersede the powers and duties of any other board or agency within the City of Long Branch.
(2)
The Planning Board and Board of Adjustment shall refer to the Commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in any component element of the Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through delegation of one of its members or staff to testify orally at the hearing on the application for development and to explain any written report which may have been submitted.
§ 345-128 Definitions and word usage.
A.
Word usage. For the purpose of this article, unless the context clearly indicates a different meaning:
(1)
The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
(2)
The word "lot" includes the words "plot" or "premises."
(3)
The word "used" includes the words "intended to be used" or "arranged to be used."
(4)
The word "occupied" includes the words "intended to be occupied," "designed to be occupied" or "arranged to be occupied."
(5)
The word "permit" shall refer to a "certificate of appropriateness" permit and shall be the certificate issued by the Planning Board, Zoning Board or administrative officer after review of the certificate of appropriateness application by the Commission. This certificate is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure pursuant to this article.
(6)
The word "demonstrate" means to provide such visual, written or oral information as will enable the Commission or other reviewing agency or board to render an informed opinion or decision thereon.
B. ADDITION ADMINISTRATIVE OFFICER AFFECTING A LANDMARK OR HISTORIC DISTRICT ALTERATION BUILDING DEMOLITION HISTORIC DISTRICT HISTORIC DISTRICT RESOURCES(1) (2) (3) HISTORIC PROPERTIES(1) (2) (3) (4) (5) (6) (7) IMPROVEMENT OBJECT REPAIR REPLACEMENT SITE SITES OF HISTORIC INTEREST STRUCTURE
Definitions. As used in this article, 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 to handle the administration of building permit applications as referenced in this article.
Any act which alters or changes an historic landmark.
Any work done on any existing improvement which:
A structure created to shelter human activity of any kind.
The partial or total razing or destruction of any building, structure, or of any improvement within or on an historic site or of any historic landmark.
A geographically definable area (but not including any City-designated areas in need of redevelopment) possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:
Resources within an historic district shall be classified either as "key," "contributing," or "noncontributing," which are defined as:
KEYAny buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
CONTRIBUTINGAny buildings, structures, sites or objects which are integral components of the Historic District either 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.
NONCONTRIBUTINGAny buildings, structures, sites or objects which are not integral components of the Historic District because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.
Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association (but not including any of the aforegoing which are located in any City-designated areas in need of redevelopment), and which have been determined pursuant to the terms of this article to be:
Of particular historic significance to the City of Long Branch by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community;
Associated with historic personages important in national, state, county or local history;
The site of an historic event which had a significant effect on the development of the nation, state, county, City or neighborhood;
An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering;
Representative of the work of an important building, designer, artist, engineer or architect;
Significant for 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 structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.
A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.
Any work done on any improvement which:
The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.
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; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeologic significance.
Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this article, are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.
Any man-made work arranged in a definite pattern of organization.
§ 345-129 Designation of historic landmarks.
A.
Guidelines for designation. The Commission may recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status, sites of historic interest status, and for review of development applications or permits affecting historic landmarks, sites of historic interest or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.
B.
Historic landmark/sites of historic interest designation list. In addition to the properties and structures already identified in The Historic Preservation Plan Element of the City's Master Plan, the Commission shall consider for historic designation buildings, structures, objects, sites, and districts within the City which merit landmark designation and protection by reason of possessing integrity of location, design, setting, materials, workmanship, or association based on its review or upon the recommendation of other City bodies or of concerned citizens, with the exception of all properties located within the existing redevelopment plan of 1996 (including all designated redevelopment sections). The Commission shall make a list of landmarks recommended for designation. For each landmark, there shall be a brief description of the landmark, of the landmark's significance pursuant to the criteria set forth above, a description of the landmark's location and boundaries, digital photograph of each property and a location map. In conjunction with the list of landmarks recommended for designation, the Commission may, at the same time, or at some later time, prepare a list of buildings, structures, objects, sites and districts which merit designation as sites of historic interest. Those properties that are listed on either the State or Federal Register of Historic Places shall comply with all requirements of this article, unless the property owner objects to the proposed designation of the property as an historic landmark and/or site of historic interest in accordance with the provisions of § 345-129C herein.
C.
Hearing on proposed designation. A hearing shall be conducted on the proposed designations at which interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for landmark/site of historic interest designation. To the extent that a property owner appears at the hearing to indicate or provides written confirmation to the Commission at or prior to the hearing that such property owner does not agree or consent to having such property designated as an historic landmark and/or site of historic interest, then such property shall not be so designated under any circumstances pursuant to this Historic Preservation Ordinance. The Commission shall then vote on its recommendations to the Planning Board for resources to be designated as historic landmarks and/or sites of historic interest.
D.
Notice of proposed designation. At least 10 days prior to the hearing provided for in Subsection C above, the Commission shall provide notice of the hearing in the following manner:
(1)
By certified mail, return receipt requested, to each owner, that his property being considered for historic landmark/site of historic interest designation and the reasons therefor. The notice shall advise the owner of the significance and consequences of such designation, that if so designated, his or her property would be subject to the provisions of this article; shall advise him of his opportunities and rights to challenge or contest such designation; and shall set forth the time, date and location of the public hearing to be held.
(2)
By publishing in an official newspaper of the municipality, a notice of the time, date and location of the hearing, a preliminary list of potential designations including a lot and block designation for same as it appears on the official City Tax Map.
E.
Historic Preservation Advisory Commission report to Planning Board. After the hearing, the Commission shall prepare a concise report, including a list and map of its recommended sites, to be designated as historic landmarks/sites of historic interest. Copies of the report shall be delivered to the Mayor, City Council, Planning Board and the Municipal Clerk and a notice of action published by the Commission Secretary in an official newspaper of the City. The published notice shall state the Commission's recommendations and also that final designation shall be made by the Planning Board at a public meeting specified on a date not less than 15 nor more than 45 days from the date of publication. The Planning Board shall communicate its action with respect to the Commission's recommendation to the City Council.
F.
City Council's adoption of designations. The Commission shall submit the list of designated landmarks/sites of historic interest and a map to the Municipal Clerk for filing. The City Council shall then consider the designation list and map, and may approve, reject or modify same 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 Master Plan and the zoning provisions of this article.
G.
Filing of certificate of designation. Copies of the list of designated landmarks and location maps as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits. A certificate of designation shall be served by certified and regular mail upon each owner included on the list, a true copy thereof shall be filed with the Tax Collector and Tax Assessor who shall maintain a record of all historic designations on the tax rolls. No filing shall take place for sites of historic interest.
H.
Reconsideration of designation. Nothing herein shall be construed as requiring the Commission to designate a structure, building, object or site an historic landmark even if all criteria to so designate have been satisfied. The Commission retains the discretion to designate such structure, building, object or site as a site of historic interest subject to the provisions of § 345-129C. Thereafter, the Commission shall not be prohibited from reconsidering such designation and, after following the procedures of § 345-129C, designate a site of historic interest as an historic landmark.
§ 345-130 Actions requiring review by Historic Preservation Advisory Commission.
A.
Applications subject to Commission review:
(1)
All building permit, demolition and development applications affecting an historic landmark/site of historic interest or an exterior improvement within an historic district as designated in the Historic Preservation Plan Element of the City's Master Plan and those historic landmark properties, pursuant to § 345-129 shall be reviewed by the Commission. Such review shall be required for, but not limited to, the following:
(a)
Demolition, in whole or in part, of an historic property or of any improvement within an historic district.
(b)
Relocation of an historic property or an improvement with an historic district.
(c)
Significant, nonhistoric changes in exterior appearance by means of repainting (not in the same color or an historically certified color).
(d)
Changes in exterior appearance by means of nonordinary repairs, replacement, rehabilitation, alteration or addition to any historic property or any improvement within a designated historic district.
(e)
New construction taking place within a designated historic district.
(f)
Changes in or additions of new signage or exterior lighting.
(g)
Zoning variances affecting an historic property or any improvement within a designated historic district.
(h)
Site plans or subdivisions affecting an historic property or an improvement within an historic district.
(i)
Roadway-widening projects. In making a recommendation on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of making recommendations that will be both consistent with the purposes of this article and reasonable for the applicant to carry out. Before an applicant prepares plans, he or she may bring a tentative proposal to the Commission for informal review and comment.
(2)
Any proposal for renovation, modification, addition or expansion requiring a building permit shall have plans drawn by a New Jersey licensed architect. An escrow fee shall be assessed to cover costs of review by City professionals and any portion of the procedural requirements may be waived depending on simplicity or complexity of the proposal.
(3)
The following activities are not subject to this article:
B.
Waiver; emergencies.
(1)
Waiver. Applicants for building permits for existing properties, located in historic district zones, but which are noncontributing as defined herein may apply for a waiver of the requirements of review and are defined as a minor application; provided that they transmit a letter, requesting said waiver to the Commission, which includes the following information:
(a)
Identification of the property by City block and lot number as shown on the current Tax Maps.
(b)
Year original structures were built and years when additions (if any) were built.
(c)
Photographs taken within a year of the waiver requests showing front, side and rear elevations of structures.
(d)
Explanation of work to be done under requested building permit.
(e)
Reasons for waiver request.
(2)
Emergencies. Approval by the Commission is not required prior to immediate and emergent repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others. Emergency repairs may be performed in accordance with City building and construction codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark, or others, and/or to maintain the habitability of the structure. A request for the Commission's approval shall be made as soon as possible thereafter and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained. All work done under this subsection shall confirm to the criteria set forth in this article and the guidelines for review of applications as adopted by the Planning Board in accordance with this article.
(3)
Pursuant to the authority granted to a Chairman of the Historic Preservation Commission as set forth in N.J.S.A. 40:55D-111, the Chairman will be allowed to act in place of the full Commission on minor applications.
C.
Referrals to Historic Preservation Advisory Commission. The Planning Board or Board of Adjustment shall refer all development applications to the Commission; and the administrative officer shall refer all building permit applications, including permit applications for new construction, demolition, alterations, additions, or replacements which affect an historic landmark, a site of historic interest or an improvement within an historic site, to the Commission.
(1)
Procedures for the review of development and zoning applications.
(a)
For all applications presented to the Planning Board and/or Zoning Board which meet the criteria set forth § 345-130E, the property owner shall also submit to either Board, as appropriate, an application for review and request for issuance of a certificate of appropriateness. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, those actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 345-130C(2).
(b)
The Planning Board or Zoning Board shall forward to the Commission a complete set of all application materials as well as the application for review and request for issuance of a certificate of appropriateness. Such referral shall be made when the application is deemed complete or is scheduled for a hearing, whichever is sooner. The Commission shall be allowed at least 14 calendar days from the day it receives a complete application to prepare its recommendations to either the Planning Board or Zoning Board regarding whether the certificate of appropriateness should be approved or denied. Said recommendations shall be in the form of a written report, which may be orally conveyed to the appropriate Board through the Commission's delegate at a hearing on the application.
(c)
The Commission's recommendation shall focus on how the proposed undertaking would affect an historic property's historical or architectural significance as outlined in § 345-129. In considering the Commission's recommendations, the Planning Board or Zoning Board shall be guided by the review criteria established in § 345-130E. The recommendation of this Commission shall not be binding upon the Planning Board or the Zoning Board.
(2)
Procedures for review of building permits and alterations.
(a)
Prior to undertaking any action affecting the exterior architectural appearance of an historic property or an improvement within an historic district, regardless of whether a building permit is required, the property owner shall complete and submit to the administrative officer an application for review and request for issuance of a certificate of appropriateness.
(b)
An application for a certificate of appropriateness shall be submitted on forms provided by the administrative officer. Each application submission shall include, at a minimum, the following information:
[1]
Those drawings, plans, photographs, manufacturer specifications and sample materials that are required by the administrative officer and/or as may be noted in the application checklist.
[2]
Detailed drawings, when required by the administrative officer, which shall be drawn at the appropriate scales and shall depict the exact work to be performed, including renderings of the exterior of any proposed new building and/or structure or any exterior alterations to existing improvements. A detailed plot plan delineating the relationship of the renderings of the proposal in relation to adjacent improvements, buildings and/or structures or surrounding lands may be required as determined by the administrative officer. Drawings shall be prepared and sealed by either a New Jersey licensed registered architect or other New Jersey licensed design professional or by the residing property owner of a single-family dwelling under his/her ownership with an accompanying affidavit of ownership, as required by P.L. 1989, Chapter 277 (commonly known as the "Building Design Services Act[1]") or other applicable laws of the State of New Jersey.
[1]
Editor's Note: See N.J.S.A. 45:4B-1 et seq.
(c)
The administrative officer shall refer the application to the Commission for its recommendation. The Commission or its designee shall review the application for technical completeness. Any application found to be incomplete shall be returned to the applicant within 10 calendar days of the receipt of the application.
(d)
When an application is found to be technically complete, the Commission shall schedule a review of the application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting. The Commission may recommend the denial of any application that is not properly represented at the hearing.
(e)
The Commission shall report to the Planning Board within 25 calendar days after the application is deemed complete. The report shall set forth the Commission's recommendation regarding whether the certificate of appropriateness should be approved, denied or conditionally approved; and it shall explain, in writing, the reasons for its recommendation. In accordance with Subsection C(2)(g) of this section, if the application involves demolition or removal, the Commission may also recommend postponement. The Commission's recommendation shall focus on how the proposed undertaking would affect a property's historic or architectural significance pursuant to the review criteria set forth in § 345-130E. The Commission's recommendation shall not be binding upon the Planning Board.
(f)
When making its determination on the application for a certificate of appropriateness, the Planning Board should be guided by the review criteria set forth in § 345-130E. The Planning Board should consider the Commission's recommendations with the same care it affords all expert information. The Planning Board may accept, reject or modify the Commission's recommendations. The Planning Board shall provide its report to the administrative officer for the appropriate action within 45 days of his or her referral of the application to the Commission. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of the application for a certificate of appropriateness, without conditions. The administrative officer is bound by the Planning Board's decision.
(g)
Approval, denial or postponement.
[1]
The Planning Board, upon affirmative vote of a majority of the membership, may approve, deny or postpone demolition of an historic property ancillary to a development application for up to one year. The Planning Board and the Commission may utilize this time period to consult with the New Jersey State Historic Preservation Office, the Monmouth County Historical Commission or other similarly qualified organizations to ascertain how the City may preserve the structure when demolition or moving thereof would be a great loss to the City. The Planning Board may request that the City Council initiate such actions as may lead to the preservation of the premises within the one-year hiatus. In its review of an application to demolish a site pursuant to this section, the Commission may require the applicant to prepare a financial analysis which may include any or all of the following:
[a]
Amount paid for the property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
[b]
Assessed value of the land and improvements thereon according to the most recent assessment.
[c]
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
[d]
All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property.
[e]
Bona fide offers of the property for sale or rent, price asked and offers received, if any.
[f]
Any consideration by the owner as to profitable, adaptive uses for the property.
[2]
The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the historic district can be put to beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.
(3)
Applications involving historic landmark.
(a)
The Commission shall determine if an application is complete. If incomplete, it shall be returned within 30 days. When complete, the Commission shall schedule a review at its next regular meeting and the applicant shall be notified and given an opportunity to be heard.
(b)
The Commission shall provide written advice and recommendation to the Planning Board or Board of Adjustment or, in the case of the permit application through the administrative officer, except otherwise provided by § 345-130B(2), shall direct such officer to approve, deny or conditionally approve the application. Such determinations by the Commission shall be made within 45 days of the Commission's determination that the application is complete, unless such time is extended by consent of the applicant and is in the form of a written consent from the applicant and received by the Commission.
(c)
On any application involving demolition or removal of any kind, except otherwise provided by § 345-130B(2), the Commission's recommendation shall specify whether the permit is to be denied or postponed. If postponement is ordered, the Commission shall work with the applicant during this interim period to investigate and consider alternatives to demolition or removal.
(4)
Applications involving sites of historic interest.
(a)
If such applications are for other than a building permit, each shall be processed in the same manner as under Subsection C above. If such applications are for a building permit, the Commission shall review the application submitted to the Construction Official and, if the Commission deems it desirable based on the application filed, may request a meeting with the applicant to discuss the extent of the work planned and provide suggestions to accommodate the desires of the applicant while at the same time attempting to protect the historical significance of the site of historic interest. Such recommendations shall be purely advisory and shall offer any technical assistance as nonbinding discussions during its regularly scheduled meeting and shall have no binding effect, however, the Construction Official shall await the report of the Commission for a period of 45 days after referral to the Commission. If no report is received within the forty-five-day period, the Construction Official may, if all other requirements therefor are met, issue the requested permit.
(b)
In the cooperative effort outlined above, the Commission shall explore the availability of public or private funds to assist the property owner with any increased costs which may accompany following the Commission's recommendations. If such funds are provided by the City through any established grant or assistance program, it shall be required that, as a condition to receipt of such funds, the property owner shall record restrictions, in the County Clerk's office, subjecting the property to historic landmark designation to the same extent as though the procedure set forth in § 345-129D was followed and the certificate reference in § 345-129G was filed.
D.
Submission requirements. An original and two copies of each of the following shall be submitted to the Secretary of the Commission:
(1)
Applicable application form, if any, as adopted by the Commission.
(2)
Plans and specifications as accepted by the Building Department.
(3)
Detailed information shall be provided on the construction material, color, design and any of the following or other elements of the proposal to provide clear and comprehensive information for the Commission in its determination of the complexity of the proposal:
(a)
Roof design and surfacing;
(b)
Walls/siding/pattern of shingles/and exterior painting or stain;
(c)
Windows: style, relationship to each other/awnings;
(d)
Doors;
(e)
Ornaments or trim;
(f)
Colors/materials;
(g)
Railings/porches;
(h)
Chimneys;
(i)
Fences;
(j)
Garages/carports;
(k)
Signs;
(l)
TV antennas/satellite dishes;
(m)
Solar energy installation;
(n)
Outdoor furniture for accessory use of a principal (nonresidential) use such as restaurant's outdoor eating section;
(o)
Street furniture generally relative to a public or a semipublic use; or recreation equipment;
(p)
Landscaping, grading and topography;
(q)
For new construction, utilities shall be placed underground and site plans shall show the placement of same; statements from the relevant public utility company may be requested by the Commission.
E.
Standards of review. In reviewing an application for its effect on a building, improvement or structure within an historic district or an historic property, the following criteria shall be used by the Commission, the Planning Board and the Zoning Board. The criteria set forth in Subsection E(1) relate to all projects affecting an historic site or an improvement within an historic district.
(1)
If the historic landmark/site of historic interest is involved:
(a)
The impact of the proposed change on its historic and architectural significance as defined in this section.
(b)
Its importance to the municipality and the extent to which the 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 would not be reproduced or could be reproduced only with great difficulty and expense.
(d)
The use of any structure involved.
(e)
The extent to which the proposed action would adversely affect the public's view of a landmark from a public street.
(f)
If the application deals with a structure within an historic district, the impact the proposed change would have on its character and ambience and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of visual compatibility factors set forth herein.
(g)
In regard to applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
(h)
In assessing the effect of any proposed change on an application concerning any landmark, the Secretary of the U.S. Department of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings shall be utilized. Such standards and guidelines are hereby adopted by reference and copies shall be made available for inspection and/or purchase in the office of the Municipal Clerk.
(2)
With respect to applications for certificates of appropriateness relating to changes in exterior appearance, new construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation, replacement(s), signage or exterior lighting, excavation or ground disturbance, involving an historic property or any improvement within the historic district, the following shall be considered:
(a)
The use of any building and/or structure involved;
(b)
The historical or architectural value and significance of the building and/or structure and its relationship to the historic value of the surrounding area;
(c)
The effectiveness of the proposal in adhering to the building and/or structure's original style or destroying or otherwise affecting the exterior texture, materials and architectural features;
(d)
The overall effect that proposed work would have upon the protection, enhancement, perpetuation and the use of the property, adjoining properties and the historic district in which it is located;
(e)
The general compatibility of exterior design, arrangement and materials proposed to be used and any other factor, including aesthetic, which is found to be pertinent;
(f)
The practicality 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;
(g)
The impact of the proposed change upon archaeological resources;
(h)
The general purposes of the Municipal Land Use Law set forth in N.J.S.A. 40:55D-2, including but not limited to the following:
[1]
Appropriate use or development of all lands in a manner which promotes the public health, safety, morals and general welfare;
[2]
Promotion of a desirable visual environment through creative development, techniques and good civic design and arrangements;
[3]
Conservation of historic sites and districts, open space, energy resources and valuable natural resources to prevent degradation of the environment through improper use of land;
[4]
Encouraging coordination of the various public and private procedures and activities, shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
F.
Demolitions. An application for a permit to demolish an historic landmark/site of historic interest shall be forwarded by the Construction Official to the Commission.
(1)
Demolitions involving historic landmarks.
(a)
The Commission shall conduct a public hearing on the proposed demolition. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, and by published notice in an official newspaper of the municipality; and shall present an affidavit attesting to such notification prior to commencement of the hearing:
(b)
The following matters shall be considered by the Commission:
[1]
Its historic, architectural, cultural or scenic significance in relation to the criteria established in this section;
[2]
If it is within an historic district, its significance to the district as a key, contributing, or noncontributing resource and the probable impact of its removal on the district;
[3]
Its potential for use for those purposes currently permitted by the zoning provisions of this article;
[4]
Its structural condition and the economic feasibility of alternatives to the proposal;
[5]
Its importance to the City and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest;
[6]
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it would not be reproduced or could be reproduced only with great difficulty and expense;
[7]
The extent to which its relation would promote the general welfare by maintaining and increasing the real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, New Jersey history and the history of Long Branch, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the municipality a more attractive and desirable place in which to live;
[8]
Such other matters as may appropriately affect the decision considering the specific characteristics of the property in question;
[9]
The ownership, use and applicant's reason(s) for requesting demolition;
[10]
Any other applicable standards of review or guidelines as defined in "The Secretary of the Intern Standards for the Treatment of Historic Properties."
(c)
Following the public hearing, the Commission shall make a decision and act on the request for the demolition permit.
(2)
Demolitions involving a site of historic interest. The Commission shall conduct the procedures as outlined in Subsection F above, except as follows:
(a)
The Commission shall have a period not exceeding six months in order to have an opportunity to seek a viable alternative to demolition.
(b)
The applicant shall not be required to notify the agencies set forth in Subsection F(1)(a)[1] through [6].
(3)
Demolitions in conjunction with a development application. In those circumstances where the planned demolition is part of a development application pending before the Planning Board or Board of Adjustment, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representatives shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the demolition. The Commission shall further be afforded the opportunity of making a recommendation to the reviewing board as to whether or not the demolition should be allowed.
G.
Relocations. In regard to an application to move any historic landmark, or to move any improvement within an historic district, the application shall be forwarded by the responsible municipal official to the Commission.
(1)
The Commission shall conduct a public hearing on the proposed move or relocation. At least 10 days before such hearing, the applicant shall give notice of the time, date, location and purpose of the hearing to the agencies listed below by certified mail, return receipt requested, and by published notice in an official newspaper of the municipality and shall present an affidavit attesting to such notification prior to the hearing:
(a)
Monmouth County Historic Commission.
(b)
Monmouth County Heritage Committee.
(c)
Monmouth Conservation Foundation.
(d)
Monmouth County Historical Association.
(e)
State Office of Historic Preservation.
(f)
State Advisory Council of Historic Preservation.
(g)
Monmouth County Park System.
(h)
Any other local civic, social or community organization concerned with historic preservation, deemed appropriate by the Commission.
(2)
The following matters shall be considered by the Commission:
(a)
The historic loss to the site of original location and the historic district as a whole;
(b)
The compelling reasons for not retaining the landmark or structure as its present site;
(c)
The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the protection of interest and values referred to in this section;
(d)
The probability of significant damage to the landmark or structure itself;
(e)
If it is to be moved from the City, the proximity of the proposed new location to the City, including the accessibility to the residents of the municipality and other citizens;
(f)
Visual compatibility factors as set forth in this section.
(3)
Following the public hearing, the Commission shall make a decision and act on the request for relocation.
(4)
In those circumstances where the planned relocation is part of a development application pending before the Planning Board or Board of Adjustment, the hearing provided for in this section shall be combined as part of the development application hearing held before the reviewing board. The Commission shall be given notice of the hearing and its members or representatives shall be allowed to ask questions, request information and present evidence to the reviewing board relating to the relocation. The Commission shall further be afforded the opportunity of making a recommendation to the reviewing board as to whether or not the relocation should be allowed.
H.
Advice regarding nonhistoric properties.
(1)
The Commission also serves in an advisory capacity in the review of plans referred by the Planning Board, Zoning Board of Adjustment or City Council pertaining to the exterior appearance of structures that are not historic landmarks and not within an historic district. The purpose and intent of this additional role of the Commission is to assist other municipal boards in their review capacity, where development is proposed in close proximity to areas and/or structures of historic significance or because the owners or applicants desire to construct improvements with historic design and character. The goals of the Commission are to advise applicants on how to amend and improve designs rather than to impose individual design choices on any specific proposal.
(2)
In the review of plans that have been referred to them, the Commission will generally examine the following elements for compatibility with the existing style, with existing adjoining development and appropriateness:
(a)
Building height.
(b)
Bulk/scale.
(c)
Placement of windows, doors, roof.
(d)
Materials/textures and scales.
(e)
Color.
(f)
Signs.
(g)
Fences, walls, other accessory structures on the site.
(h)
Parking area layout, loading facilities.
(i)
Landscaping.
(j)
Driveways.
(k)
Compatibility of all elements of the proposal.
(l)
Any other exterior elements that would impact the surroundings.
(3)
When plans are referred to the Commission by the Planning Board or Board of Adjustment, the referral should include the time schedule for the submission in order to enable the Commission to make its review and, if necessary, meet with the applicant to discuss adjustments, within the timing framework for the submission, the dates of public hearings, Planning Board or Board of Adjustment meetings, etc.
I.
Removal or disturbance of objects or landmark detection devices.
(1)
No person shall use any electrical, mechanical or other detection-type device to disturb, remove, locate objects in or on any City-owned historic landmark/site of historic interest or Improvement within an historic district without giving written notice, as set forth below, to the Municipal Clerk and the Commission and receiving permission from the City Council to undertake the proposed activity.
(2)
The written notice of the intent to use such a detection device shall set forth the name and address of the person giving notice as well as the names and addresses of all persons involved in the on-site use and shall set forth the date each use will occur and whether any business, club or other organization is involved.
(3)
The written notice of the intent to use such a detection device shall be delivered to the Municipal Clerk and to the Secretary of the Commission at least 30 days in advance of the proposed use. The Commission shall consider the request and make a recommendation to the City Council whether the request should be approved, denied or approved with conditions. The City Council shall then make the final decision and notify the applicant.
§ 345-131 Violations and penalties.
A.
Any person who undertakes any activity affecting an historic landmark or any improvement within an historic district which is regulated by this article, without obtaining review by the Commission, shall be in violation of this article.
B.
On any violation, the Zoning Officer shall personally serve a notice on the owner describing the violation and demanding abatement within 10 days, and notify the owner or person(s) present that they must immediately stop and cease any further activity whatsoever. Such owner or other person(s) shall immediately stop any activity.
C.
The Zoning Officer may also file a complaint in the City municipal court and/or seek injunction relief or restraints in any court of competent jurisdiction.
D.
Each separate day a violation exists shall be deemed to be a new and separate violation.