Mountain Lakes City Zoning Code
ARTICLE VI
Historic Preservation
§ 245-46 Intended purposes and objectives.
The intention of this article is to effectuate and encourage the protection, enhancement and perpetuation of historic structures and historic landscapes within the Borough, to implement the historic preservation element of the Master Plan, and to advance the following public purposes:
A.
To foster civic pride in the history and architecture of Mountain Lakes and promote the heritage and community identity of Mountain Lakes;
B.
To promote appreciation of historic resources for the education, pleasure and welfare of the local population;
C.
To encourage beautification and private reinvestment in historic resources and surrounding properties;
D.
To discourage the unnecessary demolition of historic resources;
E.
To encourage the proper maintenance and preservation of historic resources.
§ 245-47 Historic Preservation Committee.
A.
Establishment. There is hereby established within the Borough a Historic Preservation Committee, hereinafter referred to as the "Committee," whose members shall serve without compensation.
B.
Responsibilities. The Committee shall have the responsibility to:
(1)
Prepare a survey of historic sites of the Borough pursuant to criteria identified in the survey report;
(2)
Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements and to the Council for the adoption of historic preservation provisions, standards and criteria in this chapter;
(3)
Advise the Council on any features of the annual capital budget that have historic preservation implications;
(4)
Advise the Planning Board and Zoning Board of Adjustment on applications for development;
(5)
Provide guidance to the Zoning Board of Adjustment or Planning Board, as applicable, when applicants seek clarification concerning applicability and eligibility under the bulk incentives set forth in this article and on appeals from any decision to deny eligibility for the bulk incentives.
(6)
Advise and assist applicants for construction permits, if requested by said applicants, in advance of a formal application concerning applicability and eligibility under the bulk incentives set forth in this article.
(7)
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
(8)
Evaluate historic sites included in the community-wide survey against the criteria for the New Jersey Register of Historic Places and the National Register of Historic Places and prepare nominations for consideration of the State Historical Preservation Officer.
C.
Membership. The Committee shall consist of seven members and two alternates who shall be appointed by the Borough Council.
D.
Qualifications. Members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology or a related discipline, to the extent that such professionals are available in the Borough. Committee membership shall include other persons who have demonstrated special interest, knowledge or experience in building design and construction, history, architecture or a related discipline. Members may reside outside of the Borough, except that no more than two members of the Committee shall be nonresidents. Alternate members shall meet the qualifications of regular voting members and shall be designated as Alternate No. 1 and Alternate No. 2 at the time of appointment.
E.
Terms. The initial terms of office of the first regular Committee members shall be for one, two, three or four years, to be designated by the Borough Council in making such appointments in the following manner: one member shall be appointed for one year, two members shall be appointed for two years, two members shall be appointed for three years and two members shall be appointed for four years. The initial terms of office for the first alternate members of the Committee shall be for one year and two years, respectively. The term of each member shall expire on December 31 of the last year of each member's term. All members of the initial Committee shall be appointed within 90 days of the final passage of this article. The terms of appointment of succeeding Committee members shall be for four years each for regular voting members and two years each for alternate members, to expire on December 31 of the last year of such succeeding member's term. Notwithstanding any other provision herein, the term of any member common to the Committee and the Planning Board or the Zoning Board of Adjustment shall be for that person's term of membership on the Planning Board or Zoning Board of Adjustment.
F.
Organization. At its annual organization meeting, the Committee shall elect from its membership a Chairperson to serve as presiding officer of the Committee. The Committee shall also elect a Vice Chairperson from its membership and select a Secretary who may or may not be a member of the Committee. In lieu of a Chairperson and Vice Chairperson, the Committee may elect from its membership two Cochairpersons to serve as presiding officers of the Committee on a shared basis.
G.
Training. A majority of Committee members shall attend a conference or training session in historic preservation or a related field. Failure to obtain adequate training may result in removal from the Committee.
H.
Vacancies. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only, and the appointment shall be made by the Borough Council.
I.
Removal. A member of the Committee may be removed by the Borough Council for cause; provided, however, that such member shall be entitled to a public hearing if he or she requests it.
J.
Records and procedures. The Committee shall keep minutes and records of all meetings and proceedings, including but not limited to voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be matters of public record. All meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7 et seq. The Committee shall adopt such other procedural rules for the conduct of its business as it deems necessary and advisable. No Committee member shall vote or participate in any meeting concerning any matter in which he or she has a direct or indirect personal interest, monetary or otherwise.
K.
Quorum. A quorum for the transaction of business shall be four regular and/or alternate members.
§ 245-48 Designation of historic landmarks and historic districts.
The Committee shall maintain a comprehensive historic survey of the Borough to identify historic resources. The initial survey shall be the survey conducted in conjunction with, and included in, the nomination of the Mountain Lakes Historic District for listing on the New Jersey Register of Historic Places and the National Register of Historic Places in 2005.
§ 245-49 Establishment of bulk incentives for contributing dwellings.
In order to provide an incentive for the preservation of contributing dwellings within historic districts, properties containing contributing dwellings and meeting the eligibility requirements of § 245-88 are eligible for the enhanced bulk requirements set forth at § 245-88, subject to the application review, documentation, and approval procedures set forth in that section.
§ 245-50 Demolitions and relocations.
A.
Demolition of a contributing dwelling.
(1)
For any application for a demolition permit for a contributing dwelling, the Construction Official shall issue a demolition permit provided that all of the following requirements have been fully met:
(a)
Demolition notice.
[1]
The applicant shall cause to be delivered to the Committee a notice setting forth the following:
[a]
The applicant's intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the contributing dwelling to be demolished; and
[b]
The anticipated time frame(s) associated with the demolition.
[2]
The notice shall include proof of payment of a nonrefundable fee of $500 to the Borough of Mountain Lakes. This fee shall cover the costs incurred by the Committee and the Borough for review under this article. The notice shall be delivered to the Committee either in person at the Borough Hall or by certified mail.
(b)
Notice period. The notice period shall commence on the date the notice is delivered to the Committee and shall run for a period of time of 90 days.
(c)
Documentation. During the notice period, the applicant shall, on not less than 10 days' prior notice from the Committee, 1) provide access for a period of four hours during the notice period to all interior and exterior areas of the contributing dwelling proposed for demolition to permit documentation of the contributing dwelling, or 2) provide documentation of the contributing dwelling to the Committee in accordance with guidelines established by the Committee. Such documentation may include photographs, floor plans, measured drawings, an archeological survey, and any other comparable form of documentation stipulated by the Committee. Where the applicant elects to provide documentation of the contributing dwelling to the Committee pursuant to § 245-50A(1)(c)[2], the Committee shall send a letter to the applicant either confirming that the applicant has complied with the requirements of this § 245-50A(1)(c) or notifying the applicant of any deficiencies in the applicant's submission. If the Committee does not send a letter to the applicant within 60 days of the submission, of the applicant's documentation, the applicant shall be deemed to have complied with the requirements of this § 245-50A(1)(c).
(d)
Confirmation of compliance. At the conclusion of the notice period, if the applicant still wishes to demolish the subject contributing dwelling, the applicant shall perform the following:
[1]
File an application for a demolition permit with the Construction Official; and
[2]
Provide the Construction Official with an affidavit of delivery relating to the notice to the Committee including a copy of the notice and proof of delivery in person at the Borough Hall or mailing by certified mail; and
[3]
Provide the Construction Official with a copy of a letter from the Committee confirming that the applicant has complied in all respects with its obligations pursuant to § 245-50A(1)(c).
(2)
Permit fee. The fee for an application for a demolition permit for a contributing dwelling set forth in Chapter 111 shall be increased by a defined amount over the otherwise applicable fee for noncontributing dwellings, which amount shall initially be $500 as of the bulk incentives effective date and shall thereafter be adjusted from time to time. This increased fee shall be in addition to the nonrefundable fee paid pursuant to § 245-50A(1)(a)[2].
(3)
Assignment. No assignment of the rights granted by a demolition permit to demolish shall be permitted.
(4)
Expiration of approval. In cases where demolition is permitted, the demolition permit shall be valid for one year from the date of expiration of the notice period. The one-year period shall not be extended.
B.
Applicability of bulk incentives.
(1)
Relocations. A contributing dwelling will not be ineligible for the bulk incentives set forth at § 245-88 solely because it has been relocated from its original site to another location within the boundaries of the historic district.
(2)
Replacement dwellings. The bulk incentives set forth at § 245-88 will not be available for a building which replaces a demolished or relocated contributing dwelling.
§ 245-51 General.
A.
Other requirements unaffected. The requirements of this article shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
B.
Powers of other boards and committees. No duties or powers of the Committee shall supersede or infringe on the powers of other Borough boards and committees.
