West Cape May City Zoning Code

§ 27-19.3

Historic Preservation Commission.

[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]

Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:

To identify, record and maintain a survey and inventory of all buildings, sites, places, landmarks and structures of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation; and to aid the public in understanding their worth, methods of preservation, techniques or gathering documentation and related matters.

To 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 or any other Master Plan elements. The Commission may provide information to the Planning Board indicating the location and significance of historic sites and districts and by identifying the standards used to assess worthiness for historic site or district identification.

To advise the Planning Board on the inclusion of historic sites and landmarks in the recommended capital improvement program.

To advise the Planning Board on applications for development, pursuant to N.J.S.A. 40:55D-110.

To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation.

To issue Certificates of Appropriateness and Permits for Minor Work pursuant to Subsection 27-19.5 of this section.

To establish administrative procedures and/or regulations to carry out the purposes of this section.

To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.

To provide technical assistance to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners about the accuracy of historic restoration, including materials, fenestration, architectural detail, and environment, as budgeted by the Board of Commissioners.

Establishment.

Members. There is hereby established a West Cape May Historic Preservation Commission, to be appointed by the Mayor. The Commission shall be consistent with N.J.S.A. 40:55D-107 et seq. The Commission shall consist of five regular members and two alternate members. Members shall serve without compensation. At the time of appointment, at least one member each shall be designated from Class A and Class B.

Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and

Class B: A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside outside the municipality; and

Class C: Citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board. Class C members should have at minimum a demonstrated interest in history, historic preservation or a related field.

Of the five regular members, at least one less than a majority shall be Class A and Class B.

Alternate members shall meet the qualification of a Class C member. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2".

Terms.

The terms for the members of the Historic Preservation Commission first appointed by the Mayor shall be as follows:

One member appointed for a one-year term

One member appointed for a two-year term.

One member appointed for a three-year term

Two members appointed for four-year terms.

Thereafter, the term of each regular member shall be four years. All terms shall begin on January 1 of the year in which the appointment is made.

Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board.

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

Alternates.

Alternate members shall serve for terms of two years; provided, however, that the initial terms of the two alternate members shall be one and two years, respectively.

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 so that a regular member may vote instead of an alternate. If a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Commission Liaison. The Board of Commissioners shall designate a member to act as a liaison between the Historic Preservation Commission and the Commissioners.

Officers. Annually, the Historic Preservation Commission shall elect a Chairperson and a Vice Chairperson from its members and select a recording secretary, who may or may not be a member of the Commission or a Borough employee.

Budget. Board of Commissioners shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation 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 Borough Attorney at a rate of compensation determined by the Governing Body, unless the Governing Body by appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Board of Commissioners for the Commission's use. If the Commission receives gifts or grants, they will be placed in a dedicated fund for the exclusive use of the Commission.

Finances. The Board of Commissioners shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this or any other applicable Borough Ordinance.

Rules of the Historic Preservation Commission.

The Commission shall adopt written rules for the transaction of its business and for the consideration of applications for Certificates of Appropriateness and for designations of historic districts and sites. Such rules shall not be inconsistent with the provision of this section and shall include, but not be limited to, rules pertaining to all notices and hearing required herein.

To make available to the public information useful for the preservation and protection of historic districts and sites and to provide the basis for consistency of policy, the Administrative Officer on behalf of the Commission shall maintain complete files and records. The Commission's files shall include, but are not limited to, data used in the classification of buildings as key, contributing or noncontributing, places and structures; minutes of Commission meetings; applications for Certificates of Appropriateness along with collateral data; decisions and appeals associated therewith; and information, material and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available, but a formal verbatim record shall not be required.

The Commission Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions and application. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act. Copies of all minutes shall be maintained in the office of the Commission and shall be delivered promptly to the Borough Clerk.

Copies of records shall be made available to Borough bodies, agencies, and officials for their use. When the Planning Board refers an application to the Historic Preservation Commission, the Planning Board shall receive a copy of the Commission's report.

The Zoning Official shall maintain and display an up-to-date map showing the historic district, as well as a current listing of historic sites.

Conflicts of Interest. 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. Unless a member resides or owns property within two hundred (200') feet of property which is the subject of an application, mere ownership or residence in a designated historic district and/or ownership of a designated historic site or a nondesignated site shall not be deemed a personal or financial interest.

A member of the Commission may, after a public hearing if requested, be removed by the Governing Body for cause.

Meetings; Quorum.

The Commission shall establish and post in Borough Hall a regular schedule of a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of applications to process. Additional special meetings may be called by the Chairperson or Vice Chairperson, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.

Three members shall constitute a quorum. Nonmember liaisons may not vote. A majority vote of those present and voting shall prevail, and shall be sufficient to grant or deny a Certificate of Appropriateness. A majority of the appointed membership shall be required to grant or change a historic site or district designation or to hear a demolition application.

The Historic Preservation Commission shall prepare an annual report to the Governing Body which shall be available to the public and placed on file in Borough Hall. The report shall detail all activities, including problem solving, advice and support given.

The Historic Preservation Commission shall hold public hearings to review all applications for Certificates of Appropriateness, referrals of development applications and other business that comes before the Commission.

West Cape May City Zoning Code

§ 27-19.3

Historic Preservation Commission.

[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]

Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:

To identify, record and maintain a survey and inventory of all buildings, sites, places, landmarks and structures of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation; and to aid the public in understanding their worth, methods of preservation, techniques or gathering documentation and related matters.

To 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 or any other Master Plan elements. The Commission may provide information to the Planning Board indicating the location and significance of historic sites and districts and by identifying the standards used to assess worthiness for historic site or district identification.

To advise the Planning Board on the inclusion of historic sites and landmarks in the recommended capital improvement program.

To advise the Planning Board on applications for development, pursuant to N.J.S.A. 40:55D-110.

To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation.

To issue Certificates of Appropriateness and Permits for Minor Work pursuant to Subsection 27-19.5 of this section.

To establish administrative procedures and/or regulations to carry out the purposes of this section.

To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.

To provide technical assistance to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners about the accuracy of historic restoration, including materials, fenestration, architectural detail, and environment, as budgeted by the Board of Commissioners.

Establishment.

Members. There is hereby established a West Cape May Historic Preservation Commission, to be appointed by the Mayor. The Commission shall be consistent with N.J.S.A. 40:55D-107 et seq. The Commission shall consist of five regular members and two alternate members. Members shall serve without compensation. At the time of appointment, at least one member each shall be designated from Class A and Class B.

Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and

Class B: A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside outside the municipality; and

Class C: Citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board. Class C members should have at minimum a demonstrated interest in history, historic preservation or a related field.

Of the five regular members, at least one less than a majority shall be Class A and Class B.

Alternate members shall meet the qualification of a Class C member. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2".

Terms.

The terms for the members of the Historic Preservation Commission first appointed by the Mayor shall be as follows:

One member appointed for a one-year term

One member appointed for a two-year term.

One member appointed for a three-year term

Two members appointed for four-year terms.

Thereafter, the term of each regular member shall be four years. All terms shall begin on January 1 of the year in which the appointment is made.

Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the term of membership on the Planning Board.

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

Alternates.

Alternate members shall serve for terms of two years; provided, however, that the initial terms of the two alternate members shall be one and two years, respectively.

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 so that a regular member may vote instead of an alternate. If a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Commission Liaison. The Board of Commissioners shall designate a member to act as a liaison between the Historic Preservation Commission and the Commissioners.

Officers. Annually, the Historic Preservation Commission shall elect a Chairperson and a Vice Chairperson from its members and select a recording secretary, who may or may not be a member of the Commission or a Borough employee.

Budget. Board of Commissioners shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation 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 Borough Attorney at a rate of compensation determined by the Governing Body, unless the Governing Body by appropriation provides for separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Board of Commissioners for the Commission's use. If the Commission receives gifts or grants, they will be placed in a dedicated fund for the exclusive use of the Commission.

Finances. The Board of Commissioners shall establish by ordinance reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this or any other applicable Borough Ordinance.

Rules of the Historic Preservation Commission.

The Commission shall adopt written rules for the transaction of its business and for the consideration of applications for Certificates of Appropriateness and for designations of historic districts and sites. Such rules shall not be inconsistent with the provision of this section and shall include, but not be limited to, rules pertaining to all notices and hearing required herein.

To make available to the public information useful for the preservation and protection of historic districts and sites and to provide the basis for consistency of policy, the Administrative Officer on behalf of the Commission shall maintain complete files and records. The Commission's files shall include, but are not limited to, data used in the classification of buildings as key, contributing or noncontributing, places and structures; minutes of Commission meetings; applications for Certificates of Appropriateness along with collateral data; decisions and appeals associated therewith; and information, material and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available, but a formal verbatim record shall not be required.

The Commission Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations, decisions and application. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act. Copies of all minutes shall be maintained in the office of the Commission and shall be delivered promptly to the Borough Clerk.

Copies of records shall be made available to Borough bodies, agencies, and officials for their use. When the Planning Board refers an application to the Historic Preservation Commission, the Planning Board shall receive a copy of the Commission's report.

The Zoning Official shall maintain and display an up-to-date map showing the historic district, as well as a current listing of historic sites.

Conflicts of Interest. 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. Unless a member resides or owns property within two hundred (200') feet of property which is the subject of an application, mere ownership or residence in a designated historic district and/or ownership of a designated historic site or a nondesignated site shall not be deemed a personal or financial interest.

A member of the Commission may, after a public hearing if requested, be removed by the Governing Body for cause.

Meetings; Quorum.

The Commission shall establish and post in Borough Hall a regular schedule of a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of applications to process. Additional special meetings may be called by the Chairperson or Vice Chairperson, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.

Three members shall constitute a quorum. Nonmember liaisons may not vote. A majority vote of those present and voting shall prevail, and shall be sufficient to grant or deny a Certificate of Appropriateness. A majority of the appointed membership shall be required to grant or change a historic site or district designation or to hear a demolition application.

The Historic Preservation Commission shall prepare an annual report to the Governing Body which shall be available to the public and placed on file in Borough Hall. The report shall detail all activities, including problem solving, advice and support given.

The Historic Preservation Commission shall hold public hearings to review all applications for Certificates of Appropriateness, referrals of development applications and other business that comes before the Commission.