There is hereby established an Historic Preservation Commission whose members shall serve without compensation.

The Commission shall consist of seven (7) regular members and two (2) alternate members, appointed by the Mayor. At least three (3) of the regular members shall be of and designated as Class A and B. The remaining regular members may be Class C and designated as such. The two (2) alternates must meet the qualifications of Class C and shall be designated Alternate No. 1 and Alternate No. 2. The Classes are defined as:

The term of the appointments of the regular members of the Commission shall be as follows:

All subsequent appointments of regular members shall be for a term of four (4) years or until the appointment and qualification of a successor.

The term of the appointments of the alternate members of the Commission shall be as follows:

All subsequent appointments of alternate members shall be for a term of two (2) years or until the appointment and qualification of a successor.

Notwithstanding any other provision, the term of any member who is also a member of the Planning Board or Board of Adjustment shall be coterminous with his or her membership on the Planning Board or Board of Adjustment.

A vacancy occurring otherwise than by expiration of the term shall be filled within sixty (60) days for the unexpired term only.

The Commission shall elect from its membership a Chairperson and Vice-Chairperson. A Secretary shall also be appointed, who may or may not be a member of the Commission.

The Commission shall establish a regular schedule of meetings, with at least one (1) meeting per quarter. Additional meetings may be called by the Chairperson or Vice-Chairperson as required to meet the needs of business, to handle emergencies, or to meet time constraints imposed by law.

A quorum for the transaction of business shall be four (4) members. A majority vote of those present and voting shall prevail but not less than a majority of the full regular membership of the Commission may grant or change an historic designation or grant a demolition permit.

The Commission's Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, decisions, and applications.

In order to make available to the public information useful to the preservation and protection of historic buildings, places, landmarks and structures, and provide the basis for consistency of policy in decision making, the Commission shall maintain complete files and records including, but not limited to, data used in the classification of buildings, places and structures, minutes of Commission meetings, records of applications for permits and development reviews, along with collateral data, decisions and appeals associated therewith and information, materials and references submitted by the public relating to historic preservation. All Commission records and minutes shall be made public records as provided by law, and all Commission meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7, et seq.).

The Commission shall adopt written by-laws and procedures for the transaction of its business and for the consideration of applications.

No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may be removed by the governing body of Ocean City for cause but only after a public hearing if he or she requests one.

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, Alternate No. 1 shall vote.

The City Council shall make provision in its budget and appropriate funds for the expenses of the Commission. 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 City Attorney at the rate of the compensation determined by City Council, unless City Council, by appropriation, provides for separate legal council for the Commission. Expenditures pursuant to this section shall not exceed, exclusive of gifts and grants, the amount appropriated by the City for the Commission's use.

The Commission shall appoint a consultant who is a recognized professional in the field of architectural history, historic preservation or similar discipline to advise the Commission on matters before it as the Commission may deem necessary to assist it in rendering its decision.

The City Planning and Construction Officials shall provide such technical administrative and clerical assistance as the Historic Preservation Commission shall require. For budgeting and purchasing purposes, however, the Commission shall be allocated its own budget.

Identify, record and maintain a system to survey and inventory all building sites, places, landmarks and structures of historical or architectural significance, based on the "Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation" (Standards and Guidelines for Identification) and to aid the public in understanding their worth, methods of preservation, techniques of gathering documentation and related matters;

Make recommendations to the Planning Board and City Council in the preparation and periodic updating of the Historic Preservation Element of the Master Plan, including but not limited to the addition or deletion of historic sites and districts identified in the City's Master Plan;

Make recommendations to the Planning Board and City Council on the historic preservation implications of any plan element of the Master Plan which has been or may be adopted;

Recommend to the City Council sites and districts to be designated through amendment of the Zoning Ordinance in accordance with the criteria and procedures for designation set forth in § 25-1800.4 of this Article;

Advise the Planning Board and Board of Adjustment on development and zoning applications for properties in designated districts and sites, in accordance with the procedures established in § 25-1800.6 of this Article;

Review all permit applications affecting designated districts and sites, and provide written reports to the Administrative Officer, in accordance with the procedures established in § 25-1800.7 of this Article;

Provide advisory, educational, and informational services to promote historic preservation in the City;

Draft and recommend to City Council and the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of the Historic Preservation Ordinance and the building or zoning regulations of the City;

Purchase estates, easements, rights, restrictions and less than fee acquisitions, subject to final approval of City Council and at the direction of City Council, and to acquire grants, assistance or aid either outright or in exchange in order to further the intent and purpose of this Article and the welfare of the City provided that if there is any monetary obligation to the City in any way, City Council approval will be obtained. In any circumstances in which City Council approval is required, the Commission may negotiate and recommend such arrangements and will assist the Council in acquiring such easements or rights;

Advise City Council and the Planning Board on the relative merits of proposals involving public funds to restore, preserve and protect historic buildings, places and structures including the preparation of long range plans therefor, securing State, Federal and other grants and aid to assist therein and to monitor such projects once underway;

Advise and assist City officers, employees, Boards and other bodies including those at the County, State and Federal levels on all matters which have potential impact on the historic buildings, places, structures and districts in the City or on the physical character and ambience of a district;

To cooperate with local, County, State or National historical societies, governmental bodies and organizations to maximize the contributions to the intent and purposes of historic preservation;

To recommend to applicable County, State and Federal agencies, where appropriate, and with City Council approval recognition of historic districts;

To recommend to applicable County, State and Federal agencies, where appropriate, recognition of historic buildings, landmarks, places and structures and to review National Register nominations;

To request the City Council to seek on its motion or otherwise injunctive relief for violations of this Article or actions contrary to the intent and purposes of this Article.

Character, interest, or value as part of the development, heritage, or cultural characteristics of the City, State, or Nation;

Identification with a person or persons who significantly enriched the City, State, or Nation;

Site of an historic event which had significant effect on the development of the City, State, or Nation;

Embodiment of distinguishing characteristics of a type, period, or method of construction, architecture, or engineering;

Identification with the work of a builder, designer, artist, architect, or landscape architect whose work has influenced the development of the City, State, or Nation;

Embodiment of elements of design, detail, materials or craftsmanship that render a site architecturally significant or structurally innovative;

Unique location of singular physical characteristics that make a district or site an established or familiar visual feature;

Likely to yield information important in prehistory or history.

The Commission or interested party shall prepare a nomination report for each proposed district or site. For Historic District designations, the report shall include a building-by-building inventory of all properties within the district; photographs of representative properties within the district; a property map of the district showing boundaries; and a physical description and statement of significance for the district. For historic site designations, the report shall include one (1) or more photographs; the tax lot and block number of the property as designated on the Official Tax Map; and a physical description and statement of significance and proposed utilization for the site;

The Commission shall schedule a public hearing on the proposed designation of a district or site. At least ten (10) days prior to the hearing the Applicant for Designation or the Commission, as the case may be, shall by personal service or certified mail:

Public notice of the hearing shall be given at least ten (10) days prior to the hearing by publication in the official newspaper of the City. A copy of the nomination report shall also be made available for public inspection in the City Clerk's Office at least ten (10) days prior to the hearing;

Upon Commission review and approval of the proposed Historic District or site designation, the Commission shall forward its report to the City Council. The City Council shall refer the report to the Planning Board, which in turn shall report to the City Council within thirty-five (35) days. The City Council may disapprove or change any Planning Board recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendation. Failure of the Planning Board to transmit its report within the thirty-five (35) day period provided herein shall relieve the City Council of its obligations relating to referral of such a report to the Planning Board. City Council action on Historic District or historic site designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision, or amendment of any development regulation;

Notice of designation shall be made public by publication in the official newspaper of the City Council and distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to each owner affected by the designation; and

A protest of a proposed historic district signed by twenty percent (20%) or more of the property owners within that Historic District; or by the owners of a property on which there is a proposed historic site outside of a proposed or existing Historic District, may be filed with the City Clerk. Such designation shall not become effective following the filing of such a protest except by the favorable vote of two-thirds (2/3) of all members of the City Council.

Demolition of any building, landmark, place, improvement or structure;

Relocation of any building, landmark, place, improvement or structure;

Change in the exterior appearance of any building, landmark, place, improvement or structure by addition, alteration, maintenance, reconstruction, rehabilitation, repair, replacement or restoration, which change is visible to the public from a named or numbered street.

Any new construction of a principal or accessory structure.

Changes in existing walls, fences, porches, railings, steps or signs or construction of any walls, fences, porches, railings, steps or signs, if visible to the public from a named or numbered street.

Changes to the interiors of structures;

Changes not visible to the public other than a relocation or demolition; and

Repair, or exact replacement of any existing improvement provided that the work does not alter the exterior appearance of the structure. In the event, however, that previous noncontributing or disharmonious repair work is being replaced, such repair or replacement is permitted only if the repair or replacement returns the structure to its original condition. The following are some of the activities which are permitted as repairs:

At the request of applicants considering action that may require Commission review, the Commission shall grant an informal review of a concept plan for the proposed undertaking. Neither the applicant nor the Commission shall be bound by any informal review.

Minor applications as defined herein may be granted by the Chairman of the Commission. In the case of other minor projects not constituting minor applications but involving exterior repairs or alterations which have no significant impact, the Commission, if the preliminary data and drawings are sufficiently complete, may recommend approval at an informal meeting.

Applications shall be made on forms available in the office of the Administrative Officer in Ocean City Town Hall. Completed applications shall be delivered or mailed to the Administrative Officer at Ocean City Town Hall.

Persons interested in obtaining Commission approval of proposed work covered by the provisions of this Ordinance are encouraged to apply directly to the Commission for review and approval. At the request of any such person, the Commission shall schedule a hearing.

The Commission shall advise the applicant in writing of the time, date, and place of the meeting at which his or her application is to be reviewed.

Applications shall include a completed application form which contains a precise written description of the proposed work or activity and any of the following as may be required by the Commission:

An applicant shall not be required to appear or to be represented at any meeting of the Commission at which the Commission will consider the application for a permit or the application for development.

The Commission shall issue a written report on any application for a permit, whether approved, approved with conditions or disapproved. Such written report may be stated in resolution form and shall be provided to the Administrative Officer within the time periods set forth in this section.

If the Commission submits a written report on an application for development, it shall make a copy of said report available to the applicant.

When an approval has been issued, the Administrative Officer shall, from time to time, inspect the work approved by the Commission and report to the Commission any work not in accordance with such resolution of approval.

An approval of a permit shall be valid for a period of one (1) year from date of issuance unless reasonable extensions are granted by the Commission.

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Construction of historic designs that were never built shall not be undertaken.

New additions, alterations or new construction in an historic landscape shall be visually differentiated from the old and shall be compatible with the historic character of the landscape.

Replacement of missing historic plant material or vegetation features shall be substantiated by documentary or physical evidence. The replacement plant material or features shall match the historic appearance, function and where possible, species or variety.

A property shall be used for its historic purpose, or shall be placed in a new use that requires minimal change to the defining characteristics of the property and its environment.

The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.

Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or historic features from other properties shall be avoided.

Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved, when not cost prohibitive.

Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary or physical evidence.

Chemical or physical treatments, such as sandblasting that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

Significant archeological resources shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

Height of the proposed building shall be visually compatible with buildings and places to which it is visually related.

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.

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.

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 buildings and places to which it is visually related.

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.

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.

Relationship of Materials and Texture. The relationship of materials and texture of the facade and roof of a building shall be visually compatible with the pre-dominant materials used in the buildings to which it is visually related.

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.

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.

Directional Expression of Front Elevation. A building shall be visually compatible with buildings and places to which it is visually related and its directional character whether this be vertical character, horizontal character or nondirectional character.

Its historical, architectural and aesthetic significance.

Its use.

Its importance to the City and the extent to which its historical or architectural value is such that its removal will be detrimental to the district and/or 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.

The extent to which its retention would promote business, create new positions, attract tourists, students, writers, historians, artists or artisans, encourage study and interest in American history, stimulate interest and study in architecture and design, educate citizens in American culture and heritage or make the City a more attractive and desirable place in which to live.

The probable impact of its removal upon the ambience of the Historic District.

The structural soundness and integrity of the building and the economic feasibility of restoring or rehabilitating the structure so as to allow for a reasonable use of same.

Whether there is any threat to the public health and safety as a result of deterioration or disrepair of the building or structure.

The technological feasibility of rehabilitating the structure.

The intended use of the property.

Whether interference with the charitable purposes of any nonprofit or charitable organization will result if the building is not demolished.

The use for which the building was designed and the feasibility of utilizing same for its design use.

The owner has applied for the necessary permit and has received notice of denial of same from the Commission and has appealed said denial to the Zoning Board of Adjustment, which has affirmed the denial.

The owner has met the following notice requirements:

The period of time during which notice must be given in the manner herein set forth shall be known as the Notice. It shall commence on the tenth (10th) day following the date of the notice of denial received from the Zoning Board of Adjustment after an appeal has been decided and such notice period shall run for a period of time of six (6) months.

The owner has during the notice period, and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, place or structure and the land pertaining thereto to any person or organization, government or agency thereof or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.

The owner shall not have been a party to any bona fide contract binding upon all parties thereto for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period except a contract made in accordance with Subsection d above.

The Commission may, at any time, during such notice period if a significant change in circumstances occurs approve a permit for demolition, in which event the permit shall be issued within ten (10) days thereafter. During the notice period the Commission shall consult with the City Council, the New Jersey Department of Environmental Protection or other similarly qualified organizations to ascertain how the City may preserve the premises to be demolished. The Commission shall be empowered to assist the owner in developing plans to preserve the structure when moving or demolition thereof would be a loss to the City. The Commission shall be empowered to negotiate with the applicant to see if an alternative to demolition can be found and may require the applicant to prepare a financial analysis which may include any or all of the following:

For each day up to ten (10) days, not more than twenty-five dollars ($25.00) per day.

For each day between eleven (11) to twenty-five (25) days, not more than fifty dollars ($50.00) per day.

For each day beyond twenty-five (25) days, not more than seventy-five dollars ($75.00) per day.

For each day beyond twenty-five (25) days, a jail term, not to exceed ninety (90) days may be imposed.