[Added 7-9-1992 by Ord. No. 20-1992]
A.
Every Historic Preservation Commission shall include,
in designating the category of appointment, at least one member of
each of the following classes:
B.
An Historic Preservation Commission shall consist
of five, seven or nine regular members and may have not more than
two alternate members. Of the regular members, a total of at least
one less than a majority shall be of Classes A and B.
C.
Those regular members who are not designated as 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 Municipal Agency or Board
of Adjustment.
D.
Alternate members shall meet the qualifications of
Class C members. The Mayor or, if so specified by ordinance, the Chairman
of the Municipal Agency shall appoint all members of the Commission
and shall designate at the time of appointment the regular members
by class and the alternate members as Alternate No. 1 and Alternate
No. 2. The terms of the members first appointed under this article
shall be so determined that to the greatest practicable extent, the
expiration of the terms shall be distributed, in the case of regular
members, evenly over the first four years after their appointment,
provided that the initial term of no regular members shall exceed
four years and that the initial term of no alternate member shall
exceed two years. Thereafter, the term of a regular member shall be
two years. A vacancy occurring otherwise than by expiration of term
shall be filled for the unexpired term only. Notwithstanding any other
provision herein, the term of any member common to the Historic Preservation
Commission and the Municipal Agency shall be for the terms of membership
on the Municipal Agency; and the term of any member common to the
Historic Preservation Commission and the Board of Adjustment shall
be for the term of membership on the Board of Adjustment.
E.
The Historic Preservation 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 Historic Preservation Commission
or a municipal employee.
F.
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.
G.
No member of any Historic Preservation Commission
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
H.
A member of an Historic Preservation Commission may,
after public hearing if he requests it, be removed by the governing
body for cause.
A.
The governing body shall make provision in its budget
and appropriate funds for the expenses of the Historic Preservation
Commission.
B.
The Historic Preservation 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 at the rate of compensation determined
by the governing body. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
The Historic Preservation Commission shall have
the responsibility to:
A.
Prepare a survey of historic sites of the municipality
pursuant to criteria identified in the survey report.
B.
Make recommendations to the Municipal Agency 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.
C.
Advise the Municipal Agency on the inclusion of historic
sites in the recommended capital improvement program.
D.
Advise the Municipal Agency and Board of Adjustment
on applications for development in historic zoning districts or on
designated historic sites.
E.
Provide written reports on the application of the
zoning provisions of this chapter concerning historic preservation;
and
F.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the municipality.
The Municipal Agency and Board of Adjustment
shall make available to the Historic Preservation Commission an informational
copy of every application submitted to either Board for development
in historic zoning districts or on historic sites designated on the
Zoning or Official Map or in any component element of the Master Plan.
Failure to make the informational copy available shall not invalidate
any hearing or proceeding. The Historic Preservation Commission may
provide its advice, which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing on
the application and to explain any written report which may have been
submitted.
A.
If the zoning provisions of this chapter designate
and regulate historic sites or districts, the governing body shall,
by ordinance, provide for reference of applications for issuance of
permits pertaining to historic sites or property in historic districts
to the Historic Preservation Commission for a written report on the
application of the zoning provisions concerning historic preservation
to any of those aspects of the change proposed which aspects were
not determined by approval of an application for development by a
municipal agency. The Historic Preservation Commission shall submit
its report either to the Administrative Officer or the Planning Board,
as specified by ordinance. If the ordinance specifies the submission
of the Historic Preservation Commission's report to the Municipal
Agency, the Municipal Agency shall report to the Administrative Officer.
B.
The Historic Preservation Commission or the Municipal
Agency, as the case may be, shall report to the Administrative Officer
within 45 days of his referral of the application to the Historic
Preservation Commission. If within the forty-five-day period of his
referral, the Historic Preservation Commission or the Municipal Agency,
as the case may be, recommends to the Administrative Officer against
the issuance of a permit or recommends conditions to the permit be
issued, the Administrative Officer shall deny issuance of the permit
or include the conditions in the permit, as the case may be. Failure
to report within the forty-five-day period shall be deemed to constitute
a report in favor of issuance of the permit and without their recommendations
of conditions to the permits.
The word "landmark" may substitute, in any ordinance,
resolution, determination or official action pursuant to the Municipal
Land Use Law, for "historic," "historic preservation" and "historic
site."
When a permit is needed from the Construction
Official:
A.
An application for a certificate of appropriateness
shall be submitted to the Administrative Officer on forms to be adopted
by the Historic Preservation Commission (HPC). Said forms shall be
submitted to the HPC not less than 10 days prior to its regularly
scheduled monthly meeting, which time may be waived by the HPC and
shall include, at a minimum, the following information:
(1)
Detailed plans, depicting the exact work to
be performed, including detailed renderings of the exterior of any
proposed new structure or any exterior alterations to the existing
structures. A delineation of the relationship of the renderings of
the proposal in relation to adjacent structures on surrounding lands
may be required.
(2)
A statement of the relationship of the proposed
work to the standards for approval of certificates of appropriateness
as set forth below.
(3)
Such other information as may be required from
time to time by the appropriate municipal reviewing agency or official.
B.
The Historic Preservation Commission shall review
and designate the application as a minor or major application based
upon the following criteria.
(1)
Major application shall be any application for
a certificate of appropriateness which involves demolition or removal
of a structure or any part thereof; the addition to any structure
located within the Somers Point Historical District or on any historic
property (including structure and archaeological resource) or for
any structure surveyed or identified in the City of Somers Point Historic
District Survey Form (dated September 8, 1986, prepared by The History
Store); or the new construction of buildings within the Historical
District.
(2)
Minor application shall mean an application for a certificate of appropriateness which is considered maintenance and upkeep, such as painting, replacing or repair of a structure located within the Somers Point Historical District or on any historic property (including structure and archaeological resource) or for any structure surveyed or identified in the City of Somers Point Historic District Survey Form (dated September 8, 1986, prepared by The History Store) and does not involve any activity set forth in Subsection B(1) above.
(3)
Waiver. A letter of waiver from minor application
procedure for a certificate of appropriateness is available for the
applicant who complies with accepted standards, colors or techniques
to be used with respect to the maintenance and upkeep, painting, replacing,
or repairing of an applicable structure. Said standards, colors and
techniques shall be on file with the Secretary of the Historic Commission.
A letter defining the requested waiver which indicates the property
in question and the particular maintenance, upkeep, painting, replacing
or repairing sought to be done, shall be available without charge
from the office of the Chairman or Secretary of the Historic Commission.
Such letter shall have an indefinite duration, thus eliminating the
need for successive exemption letters for the same type of maintenance,
upkeep, painting, replacing or repairing.
C.
The Secretary of the Historic Preservation Commission
shall, upon receipt of the application for a certificate of appropriateness,
schedule the application for a hearing and shall give written notice
to the applicant. The Commission's hearing and deliberations shall
be conducted in accordance with the Open Public Meetings Act.[1] Hearings related to applications for demolition or relocation
permits shall be a public hearing advertised in the manner provided
by N.J.S.A. 40:55D-1 et seq. The applicant shall be responsible for
providing the required notice.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
D.
The Historic Preservation Commission, at its regular
meeting, shall consider and pass upon all such applications, but only
as to exterior features of the structure or improvements in relation
to the area in conjunction with the criteria set forth herein. The
recommendations of the Historic Preservation Commission (as to approval
or denial) shall be then forwarded to the Planning Board to be considered
at its next regularly scheduled meeting. In the event that any or
all of the recommendations of the HPC are adopted by the Planning
Board, then such determinations by the Planning Board shall be binding
upon the applicant and deemed to preclude such applicant undertaking
the activity requested which would affect the designated structure
within the Historic District or considered an historic site.
E.
In its deliberations, the HPC shall consider and make
specific findings upon whether the applicant may make any reasonable
use of the subject property (as permitted by the applicable zoning
provisions) in the event that the application should be denied or
granted with conditions. No application may be denied or conditioned
in the absence of a specific finding by the Commission that such denial
or condition of approval will not render the property useless for
the permitted use. In its deliberations, the HPC shall be guided by
the City of Somers Point Historic District Survey Form (dated September
8, 1986, prepared by the History Store), which documents are an addendum
to the Historic Preservation Element of the City of Somers Point 1989
Master Plan Update.
F.
The applicant shall appear by proper representation
before the HPC shall be given the right to present his or her application,
including the introduction of any photographs, plot plans, drawings,
testimony and so forth upon which the HPC shall base its determination
and recommendation to the Municipal Agency. For the purpose of this
section, proper representation shall be by personal appearance, by
authorized agent or by written communication which provides a clear,
concise description of the application and waives his or her right
to personally appear. Upon final review for the issuance of a certificate
of appropriateness, the Municipal Agency may or may not permit further
testimony or documents as it deems appropriate and therefore all such
materials and presentation should be made in a complete form to the
HPC. Failure of the applicant to appear by proper representation may
result in rejection of the application which would require resubmission
of the application before further consideration will be given by the
HPC.
G.
Upon appeal, the Secretary of the Municipal Agency
shall, within 10 days of the decision, notify the Building Inspector
and the Secretary of the Historic Preservation Commission, as well
as the applicant.
H.
The denial of the certificate of appropriateness or
any part of the application thereof may be appealed to the Board of
Adjustment with appeal of the Board of Adjustment's decision to the
Superior Court.
A.
With respect to applications for demolition, the Commission
shall first consider whether preservation of the resource in place
is feasible or, failing that option, whether preservation of the resource
at another location is feasible.
B.
With respect to applications for relocation, the Commission
shall first consider whether the preservation of the resource in place
is possible.
C.
In reviewing all applications the Commission shall consider and apply the requirements set forth in §§ 114-102 and 114-103 of this Chapter 114 and shall also utilize those guidelines which are contained in the Design Guidelines for Somers Point Historic Preservation District prepared by Rutala Associates, dated September 2014, which are incorporated herein by reference and which are on file in the Office of the Planning Board Administrative Officer, in the Office of the Somers Point City Clerk and also available on the Official Somers Point website at www.somerspointgov.org.
[Amended 6-11-2015 by Ord. No. 16-2015]
D.
[1]It is the intent of this section that the HPC be strict
in its judgment of plans for alterations, repairs or demolition of
existing structures deemed valuable according to studies, approved
by the Municipal Agency of the City of Somers Point by qualified persons.
Small additions and construction to existing properties in the Somers
Point Historic District, such as decks, porches, garages and the like,
which are not visible from the street and have minimal or no impact
on the historic character of the area, may be reviewed and approved
by the Municipal Agency staff and/or City Planner upon notice to the
Historic Preservation Commission and to the full Municipal Agency
of such action.
[1]
Editor's Note: Former Subsections D through H, regarding design
guidelines, were repealed 6-11-2015 by Ord. No. 16-2015. This ordinance
also provided for the redesignation of former Subsection I as Subsection
D.
