West Cape May City Zoning Code
§ 27-19.5
Certificate of Appropriateness.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1; Ord. No. 492-2015; Ord. No. 533-2018; 3-23-2022 by Ord. No. 609-22; 9-11-2024 by Ord. No. 640-24]
a.
When Required. A Certificate of Appropriateness issued by the Commission shall be required before a permit is issued, or before work can commence, for any of the following activities within a historic district or on a historic site designated on the Zoning Map.
1.
Demolition of any building, improvement, site, place or structure.
2.
Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or maintenance.
3.
Relocation of a principal or accessory building or structure.
4.
Any addition to or new construction of a principal or accessory building or structure, except that sheds of an area less than 120 square feet are excluded.
b.
When Not Required.
1.
A Certificate of Appropriateness shall not be required before a permit is issued by the Construction Code Official for changes to the interior of a structure or changes to the exterior of a structure that strictly meet the standards for ordinary maintenance and repair as defined in this section.
2.
The Zoning Official shall review all permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in this section. If the Zoning Official determines that the work strictly meets the standards for Ordinary Maintenance and Repair the application may be forwarded to the Construction Official and a permit may be issued. The Zoning Official shall refer the application to the Historic Preservation Commission if he finds that the proposed work does not meet the standards for ordinary maintenance and repair. If the Zoning Official has any doubt as to whether the work constitutes ordinary maintenance and repair, then he shall refer the request to the Commission.
3.
The Zoning Official shall review all applications to the Historic Preservation Commission for Minor Work to determine if the application shall be reviewed for appropriateness by a committee of the Historic Preservation Commission or before the full Commission. See Permit for Minor Work Subsection 27-19.5f below.
c.
Procedures.
1.
All applicants shall complete an application form. Application forms shall be made available in the office of the Administrative Officer. Complete applications shall be filed with the office of the Administrative Officer.
2.
Each application may be accompanied by sketches, drawings, photographs, descriptions, the property survey, if available, and other information to show the proposed alterations, additions, changes or new construction. Applications for demolition shall include current and archival photographs of the interior and exterior of the building and drawings to document the condition of the building. The Commission may require the subsequent submission of such additional material as it reasonably requires to make an informed decision.
3.
The Commission shall reach a decision on an application and submit its report to the Administrative Officer within 45 days of referral of a complete application by the Administrative Officer. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.
4.
The Certificate of Appropriateness and/or denial of a Certificate of Appropriateness shall include, at minimum, a statement of the significance of the structure, a description of the proposed work, and the reasons for the Commission's finding that the proposed project was appropriate or not appropriate.
5.
Applications for demolition shall comply with all document, notice, and miscellaneous requirements provided by the "West Cape May Guidelines for the Historic District" adopted pursuant to this ordinance.
d.
Informational Meetings/Conceptual Review. Persons considering action that requires a Certificate of Appropriateness for Major Work, as set forth in this section, are encouraged to request an informal informational meeting with the Commission prior to submitting a formal application for a Certificate of Appropriateness for Major Work. Requests for such informational meetings can be made to the Administrative Officer, who will contact the Chairperson of the Commission. The Commission shall hold such informational meetings within 15 days of receipt of such request. The purpose of an informational meeting is to review the design guidelines and standards of appropriateness and the procedures for obtaining a Certificate of Appropriateness. Neither the applicant nor the Commission shall be bound by any informational meeting or conceptual review. Conceptual review shall not apply to any applications for development. The Commission shall not consider conceptual review of an application for development unless specifically referred to it by the Planning Board.
e.
Application Review.
1.
Notices must comply with the requirements of the Open Public Meetings Act.
2.
An applicant shall be required to appear or to be represented at the meeting to consider the application for a Certificate of Appropriateness; however the Commission may take action in the absence of the applicant.
3.
The Historic Preservation Commission shall issue a Certificate of Appropriateness to the applicant if it finds the application appropriate to the historic district or site and in conformity with the design guidelines. The Commission shall issue a denial of a Certificate of Appropriateness to the applicant if it finds the application inappropriate to the historic district or site or not in conformity with the design guidelines.
4.
When an application is approved, the Commission shall forthwith issue a Certificate of Appropriateness. Failure to report within a 45 day period shall be deemed to constitute a report in favor of the proposed work and without conditions. If the applicant has consented to an extension of time to consider the Certificate, the extension of time should be transmitted to the Zoning Official and the Certificate shall not be issued during the period of time of the extension.
5.
Appeals from determinations of the Administrative Officer pursuant to referral to the Historic Preservation Commission may be made by the applicant to the Planning Board, exercising the powers of a Board of Adjustment according to N.J.S.A. 40:55D-25 and -70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Planning Board. The appellant shall pay all costs of copies of any transcript(s) required for appeal. If, in the case of an appeal made pursuant to this subsection, the Planning Board determines there is an error in any order, requirement, decision or refusal made by the Administrative Officer pursuant to a Certificate or denial of a Certificate submitted by the Historic Preservation Commission in accordance with N.J.S.A. 40:55D-111, the Planning Board shall, in writing, include the reasons for its determination in the findings of its decision thereon.
6.
The owner shall post the Certificate of Appropriateness or Permit for Minor Work on a conspicuous spot on the site visible to the public during the entire process of work.
7.
Issuance of an approval for an application to the Historic Preservation Commission shall be deemed to be a final approval pursuant to this section. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other ordinance to be made prior to undertaking the action required concerning the landmark or any building, structure, object, or site located within a landmark district. The denial for an application to the Historic Preservation Commission shall be deemed to preclude the applicant from undertaking the activity applied for.
8.
When a Certificate of Appropriateness has been issued, the Administrative Officer or his appointee shall, from time to time, inspect the work approved by such Certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
9.
A Certificate of Appropriateness or Permit for Minor Work shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.
f.
Permit for Minor Work. A committee of the Historic Preservation Commission, consisting of the Chairperson or their designee, a Commission member appointed by the Chair or Secretary, and the Zoning Official as a nonvoting member may review applications for Minor Work without holding a public hearing, if the Zoning Official determines at the time the application is received that the proposed work meets the appropriate criteria for a Permit for Minor Work. If the committee finds the application appropriate, it may act in place of the full Commission and issue a Permit for Minor Work to the Zoning Official, who may then forward it to the Borough's Construction Official so that a building permit may be issued. In this instance the Permit for Minor Work issued by the Committee shall include, at a minimum, a statement of the significance of the structure, a description of the proposed work and the reasons supporting the Committee's decision. If the committee does not find the application appropriate or doubts its appropriateness, the application shall be considered for a Certificate of Appropriateness and scheduled for a public hearing before the full Board.
g.
Emergency Procedures.
1.
When a structure or improvement requires immediate repair to preserve the continued habitability of the structure and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with construction codes, without first obtaining a Certificate of Appropriateness or Permit for Minor Work. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the structure or others and/or to maintain the habitability of the structure. Where feasible, temporary measures to prevent further damage should be used, provided these measures are reversible without damage to the structure.
2.
The property owner shall make a request for the Commission's review simultaneously with the onset of emergency work. The request shall be made to the Administrative Officer. Such emergency work shall be permitted only if the Administrative Officer certifies the immediate necessity for such permit issuance. Upon notice to the full Commission by telephone, personal contact, or other appropriate means of communication, at least three members of the Commission shall convene as soon as possible and shall proceed to review the Certificate of Appropriateness application as provided in this section. The Commission shall conduct the emergency meeting in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-9. Subsequent to such review, a Certificate of Appropriateness or Permit for Minor Work may be issued upon a majority vote of the members convened.
3.
No work in addition to the emergency repairs shall be performed on the structure until an appropriate request for approval is made and approval is obtained from the Commission after referral of the request of the Zoning Official.
h.
Requirement of Obtaining Certificate of Appropriateness for Government Actions.
1.
The intent and purposes of this section would not be fully served if the municipality and other governmental agencies were to control the actions of other but fail to apply similar constraints to themselves. The Borough of West Cape May, when it plans an alteration, demolition, construction or change in appearance to any Borough-owned property in any historic district or on any historic site, shall submit the plans to the Historic Preservation Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.
2.
In those circumstances where the Borough cannot require compliance, as in certain cases involving the County, State, and Federal governments, the Borough most strongly urges voluntary cooperation of such agencies in seeking a Certificate or Determination of Appropriateness and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable State and Federal regulations regarding historic preservation.