BOROUGH OF WEST CAPE MAY

ORDINANCE NO. 378-07

AN ORDINANCE AMENDING ORDINANCE 364-06 ESTABLISHING AN HISTORIC PRESERVATION COMMISSION AND GUIDELINES IN THE BOROUGH OF WEST CAPE MAY

            WHEREAS, N.J.S.A. 40:55D-65 and N.J.S.A. 40:55-65.1 enable the governing body of the Borough of West Cape May to provide in its zoning ordinance for historic preservation by regulating historic districts and sites; and

            WHEREAS, N.J.S.A. 40:55D-107 et seq. authorizes the governing body by ordinance to establish an Historic Preservation Commission; and

            WHEREAS, as set forth in the recent Master Plan re-examination, West Cape May contains many historic structures and sites, and over the years the residents of West Cape May have demonstrated a keen and abiding interest in historic preservation; and

            WHEREAS, the residents of West Cape May have become concerned in recent years about the demolition of historic structures, and the potential loss of significant portions of the borough’s architectural heritage; and

            WHEREAS, in April 2005 the Board of Commissioners created the West Cape May Community History Task Force, whose mission was to review the body of literature related to historic preservation and to recommend ways in which the borough might advance its preservation goals; and

            WHEREAS, in June 2005, having completed its review, the Task Force recommended that West Cape May establish a “strong” Historic Preservation Commission pursuant to the Municipal Land Use Law; and

            WHEREAS, the Master Plan of the Borough of West Cape May has recently been amended, pursuant to its periodic re-examination, to include an Historic Preservation Plan Element in accordance with N.J.S.A. 40:55D-28(b)(10); and

            WHEREAS, having carefully considered the matter, and having reviewed both the Master Plan re-examination and the Task Force report, the Board of Commissioners believes it will promote the public health, safety and general welfare, and serve the best interests of the Borough of West Cape May, to amend the West Cape May Zoning Ordinance to provide for historic preservation and to establish an Historic Preservation Commission; and

            WHEREAS, the West Cape May Planning Board has reviewed these amendments to the Zoning Ordinance by referral pursuant to N.J.S.A. 40:55D-26 and found them to be consistent with the Borough’s Master Plan,

            NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of West Cape May as follows:

Section 1.   There is hereby added to the West Cape May Zoning Ordinance the following new section:

            27-17  HISTORIC PRESERVATION

            27-17. 1.         Purpose and Objectives

            The purpose of this section is to implement the historic preservation element of the Master Plan, to provide guidance to property owners in achieving preservation of historic resources and to advance the following public purposes:

            A.        To preserve and protect historic, architectural, cultural, archaeological and aesthetic resources for the general welfare;

            B.        To identify, designate and regulate Historic Districts and Historic Sites to preserve their historic, architectural, cultural, archaeological and aesthetic significance,

            C.        To encourage the continued use of historic resources and facilitate their appropriate reuse; 

            D.        To preserve and enhance the environmental quality of the neighborhoods;

            E.        To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structure, sites, objects and/or districts within the Borough of West Cape May;

            F.         To strengthen the borough’s economic base by the stimulation of cultural tourism;

            G.        To stabilize and improve property values and discourage the unnecessary demolition of historic resources;

            H.        To foster economic development and manage growth;

            I.          To foster civic pride in the beauty and accomplishments of the borough’s past;

            J.         To educate the general public and public officials about the importance of preserving the community heritage.

            K.        To promote appreciation of the Borough of West Cape May Historic District and any other designated historic districts for the education, pleasure and general welfare of the citizens of the borough and its visitors.

            L.         To encourage private reinvestment in existing or new structures in a manner that preserves, restores, repairs or is compatible with the original architectural style which is characteristic of the Historic District in which the structure is located.

            27-17.2.          Definitions

As used in this section, the following terms shall have the meanings indicated:

ADDITION – An extension or increase in building size, floor area or height.

ADMINISTRATIVE OFFICER – The borough Zoning Official.

ALTERATION – As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress, or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another, or the change in appearance of the exterior surface of any improvement.

CERTIFICATE OF APPROPRIATENESS – A document issued by the Historic Preservation Commission approving a proposed project in an historic district or on an historic site.  The review is based upon the application and representation of the applicant and the approved plans presented for the preservation, restoration, rehabilitation or alteration of an existing property, or the demolition, addition, removal, repair or remodeling of any feature on an existing building within the historic district, or for any new construction within the historic district.

CERTIFICATE OF APPROPRIATENESS FOR MINOR WORK – A document issued by the Historic Preservation Commission to an applicant and the building official, endorsing a project.  The project must be “Minor Work” as defined in this ordinance and the work must be deemed appropriate by a committee of the Historic Preservation Commission.

DEMOLITION – The partial or total razing, dismantling or destruction of any Historic Site or any improvement within a Historic District.

EVALUATION – The process of determining whether identified properties meet defined criteria of historical, architectural, archaeological or cultural significance.  Alternatively, determining whether a proposed project at a property in an historic district or on an historic site is appropriate.

HISTORIC DISTRICT – An area designated by the Historic Preservation Commission and adopted by the Board of Commissioners as an Historic District.  The area is characterized by a distinct sense of place and local character, and by the presence of Historic Resources.

HISTORIC RESOURCE – Any building or structure that contributes to the character and significance of the Historic District, or any part of a building or structure which contributes to the significance of the building or structure.

HISTORIC SITE – Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing that has been designated in the Master Plan as of historic, archaeological, cultural, scenic or architectural significance at the national, state or local level, as specifically designated herein; or any property located in a Historic District.  The designation of a Historic Site or landmark shall include the Tax Map lot on which it is located as well as the contiguous right-of-way.

HISTORIC STRUCTURE – Any structure situated on property included in the Historic Designation List of the Borough of West Cape May.

IMPROVEMENT – Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.

INTEGRITY – The ability of a property or element to convey its historic significance; the retention of those essential characteristics and features that enable a property to effectively convey its significance.

INVENTORY – A list of historic properties determined to meet criteria of significance specified herein.

MINOR APPLICATION – Any application for a certificate of appropriateness that:

            (i) Does not involve demolition, relocation or removal of a Historic Building, Resource, or Structure. ;

            (ii)  Does not involve an addition to a property in a Historic District or new construction in a Historic District;

            (iii)  Is a request for approval of fences, signs, lighting, doors, windows, roofs, paving, exterior sheathing or streetscape work that will comply with the adopted design guidelines for the improvement proposed where a specific guideline applies and that will not substantially affect the characteristics of the Historic Site or the Historic District; or

            (iv)  Is a request for a field change for a Certificate of Appropriateness that has already been issued and that meets the criteria of subparagraph (iii) above.

NATIONAL REGISTER CRITERIA – The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.

NONCONTRIBUTING BUILDING – A building that does not contribute to the character for which the Historic District was designated; or a building, site, structure or object that does not add to the historic architectural qualities, historic associations or archaeological values for which a property is significant because: 1) it was not present during that period of significance; 2) due to alterations, disturbances, additions or other changes it no longer possesses historic integrity reflecting its character at that time or is incapable of yielding important information about the period.

ORDINARY MAINTENANCE AND REPAIR – Repair of any deterioration, wear or damage to a structure or any part thereof in order to return it as nearly as practicable to its condition prior to the occurrence of the deterioration, wear, or damage with in-kind material and quality workmanship.  Ordinary Maintenance shall also include in kind replacement of exterior elements or accessory hardware including signs, using the same material and workmanship and having the same appearance.

PERMIT – Any required approval for exterior work to any improvement or property in a Historic District or on a Historic Site.  "Permit" shall include, but is not limited to, a building permit, a window replacement permit, a demolition permit, a permit to move, convert, relocate or remodel or to change the use or type of occupancy of any improvement or property in a Historic District which involves exterior changes to the structure or the property on which it is located.

PRESERVATION – The act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site.  It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building’s materials.

PROTECTION – The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.

RECONSTRUCTION – The act or process of reproducing by new construction the exact form and detail of a vanished or non-surviving building, structure or object, or any part thereof, as it appeared at a specific period of time when documentary and physical evidence is available to permit accurate reconstruction.

REHABILITATION – The act or process of returning a property to a state of utility through Repair or Alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural and cultural values.

REPAIR – Any work done on an improvement that is not an Addition and does not change the exterior appearance of any improvement; provided, however, that any such repairs must be done with materials that are the same as the original or historic materials and workmanship of the same quality as the original or historic workmanship.

RESTORATION – The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.

STREETSCAPE – The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

STRUCTURE – A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

SURVEY – A process of identifying and gathering data on a community’s historic resources.  It includes a field survey, which is the physical search for and recording of historic resources on the ground; preliminary planning and background research before the field survey begins; organization and presentation of survey data as the survey proceeds; and the development of inventories.

SURVEY DATA – The raw data produced by the survey; that is, all the information gathered on each property and area investigated.

            Section 27-17.3.      Historic Preservation Commission.

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

                        (1)  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.

                        (2)  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.

                        (3)  To advise the Planning Board on the inclusion of Historic Sites and landmarks in the recommended capital improvement program.

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

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

                        (6)  To issue Certificates of Appropriateness pursuant to Section 27-17.5 of this Ordinance.

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

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

                        (9)  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.

            B.  Establishment

(1)  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.

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

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

                                    (c)  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.

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

                                    (e) 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”.

                        (2)  Terms.

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

                                                (1)  One member appointed for a one-year term

                                                (2)  One member appointed for a two-year term.

                                                (3)  One member appointed for a three-year term

                                                (4)  Two members appointed for four-year terms.

                                    (b)  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.

                                    (c)  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.

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

                        (3)  Alternates.

                                    (a)  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.

                                    (b)  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.

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

                        (5)  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.

                        (6)  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.

                        (7) 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.

                        (8)  Rules of the Historic Preservation Commission.

                                    (a)  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.

                                    (b)  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 non-contributing, 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.

                                    (c)  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.

                                    (d)  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.

                                    (e)  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. 

                        (9)       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 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.

                        (10)  A member of the Commission may, after a public hearing if requested, be removed by the governing body for cause.

                        (11)  Meetings; Quorum

                                    (a)  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.

                                    (b)  Three members shall constitute a quorum. Non-member 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 grant a demolition permit.

                                    (c)  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.

                                    (d)  The Historic Preservation Commission shall hold public hearings to review all application for permits, referrals of development applications and other business that comes before the Commission.

            27-17.4.          Designation of historic sites and districts.

            A.  Survey.  The Commission shall maintain a comprehensive Survey of the Borough of West Cape May to identify Historic Districts, Sites and landmarks which are worthy of protection and preservation.

            B.  Criteria for designation.  The criteria for evaluating and designating Historic Districts and Sites shall reflect the National Register Criteria.  The Commission or any interested party may recommend designation of Historic Sites or Districts that have integrity of location, design, setting, materials, workmanship and association and that meet one or more of the following criteria:

                        (1)  Character, interest, or values as part of the development, heritage or cultural characteristics of the Borough, State or Nation;

                        (2)  Association with events that have made a significant contribution to the broad patterns of our history; or

                        (3)  Association with the lives or person significant in our past; or

                        (4)  Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or

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

                        (6)  Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or

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

                        (8)  That have yielded, or may be likely to yield, information important in prehistory or history.

            C.  Procedures for designation.

                        (1)       Interested parties shall contact the Administrative Officer regarding consideration of a proposed Historic Site or District.  The Commission may also initiate the designation of a Historic Site or District.  The Administrative Officer will schedule a hearing before the Commission to review the proposed Historic Site or District.

                        (2)       The formal Historic District nomination shall include: a building-by-building inventory of all properties within the district; color and/or black and white photographs of all properties within the district; a property map of the district showing boundaries; and a physical description and statement of significance which address the criteria for designation set forth herein.  The formal Historic Site nomination shall include: a color and/or black and white photographs, a tax map of the property and a physical description and statement of significance which address the criteria for designation set forth herein.

                        (3)       Upon review and approval of the proposed Site or Historic District by the Historic Preservation Commission, and after hearing the comments of the public, if any, the Commission shall forward the proposed Site or District nomination to the Planning Board for consideration.  Notification shall be by public notice in the official paper and by prominent posting in the municipal building at least 30 days prior to the Planning Board hearing.  The interested parties or the Commission shall submit to the Planning Board a complete list of involved properties.

                        (4)       Upon review and approval of the proposed site or district by the Planning Board, the Site or District nomination will be sent to the Board of Commissioners for adoption to amend and supplement this chapter.

                        (5)       All other requirements of the Municipal Land Use Law regarding adoption of development regulations shall be followed.

            D.  Designation of Districts.  The following Historic District is delineated and described in the Master Plan and is hereby a designated Historic District for purposes of this section:

(1)       West Cape May Historic District.  The designated Historic District is set forth on the Zoning Map of the Borough of West Cape May which is incorporated herein by reference.

                        (2)       Additional District.  Any additional designated districts and site and/or any changes in the designation of Historic Districts and Historic Sites shall be effectuated by amendment of this section in accordance with procedures provided for under Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and the procedures set forth herein.

            Section 27-27.5       Certificate of Appropriateness

            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.

            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 ordinance.

                        (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 article.  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.

            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 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.

            D.        Informational meetings/conceptual review.  Persons considering action that requires a Certificate of Appropriateness, 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.  Requests for such informational meetings can be made to the Administrative Officer, who will contact the Chairman 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 permit 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 permit 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 forty-five (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 permit 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 on a conspicuous spot on the site visible to the public during the entire process of work.

                        (7)       Issuance of an approval of a permit 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 requires concerning the landmark or any building, structure, object, or site located within a landmark district.  The denial of a permit 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 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.         Minor Application.   A committee of the Historic Preservation Commission, consisting of the Chairman, a commission member appointed by him and the Zoning Official as a non-voting member may review applications for Certificates of Appropriateness for Minor Work (Minor Application), without holding a public hearing.  If the committee finds the application appropriate, it may act in place of the full Commission and issue a Certificate of Appropriateness 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 Certificate 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 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.  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 (3) 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 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.

            Section 27-27-6.      Referral from Municipal Agencies

            A.        The Planning Board shall refer to the Commission every Application for Development submitted to the Board for development in Historic Districts or on Historic Sites designated on the Zoning Map or identified in any component element of the Master Plan.  This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner.  The Board shall provide a copy of its agenda to the Commission members as soon as it has been prepared and at the same time that it is mailed to the members of the Board.  Failure to refer the application as required shall not invalidate any hearing or proceeding.  The 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.

            B.        On all matters referred to the Commission which require approval of by the Planning Board, the decision of the Commission shall be a recommendation only. 

            C.        Yard Variance.  Because structures in Historic Districts are often built close to the lot lines, it is in the pubic interest to retain a neighborhood’s historic appearance by approving variances to normal yard requirements.  Where it is deemed that such a variance will not adversely affect neighboring properties, the appropriate Board may grant such variance to standard requirements.

            D.        An approval by the Planning Board does not relieve the applicant of the requirement of obtaining a Certificate of Appropriateness for those aspects of a change not approved by the application for development.

            Section 27-17-7.      Standards, Design Guidelines and Criteria.

            A.  This section provides uniform standards, design guidelines and criteria for the regulation of Historic Sites and Districts by the Historic Preservation Commission.  All projects requiring a Certificate of Appropriateness and all applications for development shall be governed by the principles of the Secretary of the Interior’s Standards for Rehabilitation, the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating & Reconstructing Historic Buildings, and the West Cape May Guidelines for the Historic District. In the event that there is a conflict between any of the documents referenced above, the Borough of West Cape May Guidelines shall prevail.

            B.  Criteria for finding appropriateness.   The Historic Preservation Commission may consider the siting, design, arrangement, texture, details, scale, shape, materials, finish, and relationship to streetscape of the proposed work and the relationship of those characteristics to the historic, architectural, cultural, archaeological, and aesthetic significance of the Historic Site or District..

            C.  In considering permit applications, the Historic Preservation Commission shall not consider use, zoning requirements for setbacks, density, height limitations or lot coverage in finding appropriateness, as these fall within the purview of the Planning Board.

            D.  In considering development applications referred to it by a Board, the Historic Preservation Commission may consider use, zoning requirements for setbacks, density, height limitations, and lot coverage, in rendering its advice to the Planning Board on the application of the zoning ordinance provisions concerning historic preservation. The Commission should emphasize the Streetscape when reviewing applications for development. The Commission shall not hear applications for development unless referred to it by either the Planning Board or the Zoning Board of Adjustment.

            E.  Criteria for review. of all applications for Certificate of Appropriateness.  All reviews of applications for Certificate of Appropriateness and plans within Historic Preservation Districts shall consider:

                        (1)  The cultural, historic or architectural values of a structure and its relationship to the surrounding area.

                        (2)  The general compatibility of the proposed use to the cultural and historical values of the surrounding area.

                        (3)  The general compatibility of exterior design, arrangement, texture and materials proposes to be used. In carrying out the review under the guidelines, the following criteria shall be utilized:

                                    (a)  All exterior elevations, including the roof, must be maintained and new construction must be compatible with existing districts and surrounding areas.

                                    (b)  In-kind or similarly compatible building materials must be utilized.

                                    (c)  Uses shall be environmentally compatible with the uses adjacent to the property and throughout the surrounding areas.  Uses shall not adversely affect the uses in the adjacent or surrounding areas.

            F.  Guidelines.  From time to time the Historic Preservation Commission may, pursuant to resolution, adopt guidelines that shall become part of this chapter. The guidelines consist of window guidelines, door guidelines, exterior sheathing guidelines, fence guidelines, streetscape guidelines and design guidelines.  A copy of the guidelines shall be available in the offices of the Construction Official, the Zoning Official and the Borough Clerk. The guidelines may be amended by the Historic Preservation Commission, but shall not take effect until approved by ordinance of Board of Commissioners.

            Section 27-17.8.      Demolitions and relocations.

            A.        Criteria.  On an application to demolish or move an Historic Building, Site, Place or Structure, the following matters shall be considered.  The Historic Preservation Commission shall consider criteria 1 through  8 in determining whether it is appropriate to demolish a structure.  The Commission shall consider criterion  9 in determining whether the applicant may demolish the building on the grounds of hardship.

                        (1)  Its historic, architectural, cultural and aesthetic significance.

                        (2)  Its current and potential use for those purposes currently permitted by this chapter or for the use proposed.

                        (3)  Its importance to the municipality and the extent to which its historical or architectural value is such that its removal would be detrimental to the integrity of the Historic Property or District and the public interest.

                        (4)  The extent to which it is of such old, unusual or uncommon design significant, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.

                        (5)  The extent to which its retention would increase property values, promote business, create new positions, attract tourists, student, writers, historians, artists and artisans, attract new residents, encourage study and interest in g American History, stimulate interest and study of architecture and design, educate citizens in American culture and heritage, or make the Borough of West Cape May a more attractive and desirable place to live.

                        (6)  The impact of its removal upon the Historic District.

                        (7)  The  reason for not retaining the structure or improvement at its present site, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the structure or improvement as a result of the relocation and whether moving the structure from the present site would diminish its significance.

          (8) A demolition and development plan must be submitted with the Application for a Certificate of Appropriateness when any demolition is proposed. The application will not be deemed complete without this plan.

                        (9) The Commission shall study the question of economic hardship for the applicant and shall determine whether the site can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building the commission shall also determine whether the applicant can obtain a reasonable return from the existing building. The commission may ask applicants for additional information to be used in making these determinations.  The request may include but is not limited to:

1. Amount paid for the property, date of purchase, and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased;

2. Assessed value of the land and improvements thereon according to the most recent assessment;

3. For depreciable properties a pro forma financial statement prepared by an accountant or broker of record;

4. All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of  the property;

5. Bona fide offers to purchase the  or rent the property, if any;

6. Any consideration by the owner as to profitable, adaptive uses for the property.

            B.        Procedure.

                        (1)       One/Two-Year Delay.  The Commission may instruct the Construction Office to withhold approval for a period of one year for residential properties and two years for commercial properties These delay provisions are designed to allow the Borough of West Cape May, or other interested parties, ample time and opportunity to determine whether it should acquire the property for preservation. 

                        (2)       Where demolition disapproved.  If the Commission disapproves an application for a Certificate of Appropriateness to demolish a Historic Building, Place or Structure, the owner shall nevertheless, as a matter of right, be entitled to raze or demolish such building, place or structure, provided that all of the following requirements have been fully met:

                                    (a)       Appeal to Planning Board.  The owner may opt to appeal the denial of the Certificate of Appropriateness to the Planning Board.  If the owner appeals the denial of the demolition permit, the owner may simultaneously commence marketing the property for sale for fair market value as set forth below.  Alternatively, the owner may await the decision of the Planning Board.

                                    (b.i.)    Sale for fair market value.  The owner shall, prior to seeking demolition, for a period of at least one year for residential properties and two years for commercial properties, 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, organization, government or agency thereof or political subdivision which gives reasonable assurance that it is willing to preserve the building, place or structure and the land pertaining thereto.  In this instance, the market value shall be determined by an appraiser selected by the Historic Preservation Commission and at the expense of the owner.

                                    (b.ii.) The owners shall not have been a party to any bonafide 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 paragraph (b.i.) above.

                                    (c)        Demolition notice posted and publication.  Notice of proposed demolition shall be posted on the premises of the building, place or structure throughout the notice period in a location such that it is clearly readable from the street.  The posted notice shall remain in place for a period of time of one year for residential properties and two years for commercial properties.  In addition, the applicant shall publish a notice in the official newspaper of the Borough within the first 10 days following the date of the denial by the Historic Preservation Commission or denial of the appeal by the Planning Board.

                                    (d)       Certificate of Compliance.  The property owner shall submit a Certificate of Compliance for review and approval by the Historic Preservation Commission to demonstrate that the owner has complied with the requirements of this section.

                        (3)       Assignment.  No assignment of the rights granted by a Certificate of Appropriateness shall be permitted.

                        (4)       Expiration of approval.

                                    (a)       In cases where demolition is permitted, the Certificate of Appropriateness shall be valid for one year from the date of Historic Preservation Commission approval of the application.  The one-year period shall not be extended.

                                    (b)       At the time of issuance of the Certificate of Appropriateness, the Zoning Official shall designate the period of time (within the one-year approval period) within which demolition must be completed after it is initiated on site.

                        (5)       Approval after change of circumstances.  The Commission may at any time during such notice period, if a significant change in circumstances occurs, approve a Certificate of Appropriateness to demolish, in which event, a permit shall be issued within 10 days thereafter.

            Section 27-17.9.      Enforcement.

            All Municipal Officials reviewing permit applications for real property or improvements thereon shall determine whether the application involves any activity that should also require a Certificate of Appropriateness.  If so, the Official shall inform the Administrative Officer, the applicant, and the Historic Preservation Commission.

            Section 27.17-10.    Violations and penalties; restoration of property; injunctive relief.

            A.        Violations.

                        (1)       Should any person undertake a qualified activity at an Historic Site or Improvement within a Historic District without first having obtained and posted a Certificate of Appropriateness, he shall be in violation of Section 27-17.

                        (2)       Upon learning of a violation, the Zoning Officer or his designee shall personally serve upon the owner of the lot where the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking review of the extent and proposed work by the Historic Preservation Commission.

                        (3)       If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.

            B.        Penalties.  Any person who undertakes an activity affecting an Historic Site or Improvement within a Historic District without first having obtained a Certificate of Appropriateness, or without subsequent review by the Commission following discovery of the omission shall in addition to fines and penalties as set forth in §1-5 of the West Cape May Code,  be required to restore same to a condition consistent with its historic character and integrity, as approved by the Historic Preservation Commission.

            C.        Injunctive relief.  Should any action that  permanently and adversely change a Historic Site or Historic District, such as demolition or removal, be about to occur without a Certificate of Appropriateness having been issued, the Zoning Officer may apply to the Superior Court of New Jersey for the injunctive relief  necessary to prevent the injury to the Site or District.

            Section 27-17.11.    Other requirements unaffected

            The requirements of this article shall be in addition to, and shall not be interpreted as a substitute for, any other approval, permit or other action as otherwise provided for.

Section 2.   Repealer.        All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of that conflict.

Section 3.  Severablility.   Should any portion of this ordinance be declared unconstitutional or invalid, the remaining portion of this ordinance shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this ordinance are declared to be severable.

Section 4.  Effective Date.            This ordinance shall take effect 20 days after passage and publication, according to law.

NOTICE OF PENDING ORDINANCE

The foregoing Ordinance was introduced at a Regular Meeting of the Board of Commissioners of the Borough of West Cape May held on February 28, 2007 when it was read for the first time and then ordered to be published according to law.  This Ordinance will be further considered for final passage by the Board of Commissioners of the Borough of West Cape May at a meeting to be held at Borough Hall, 732 Broadway, West Cape May, New Jersey on March 28, 2007 at 7:00 p.m. or as soon thereafter as possible, at which time and place, all persons interested will be given an opportunity to be heard concerning such ordinance. 

                                     
Lisa Stefankiewicz, RMC
Municipal Clerk

February 28, 2007

Pamela M. Kaithern, Mayor
Dick Rigby, Commissioner
Peter C. Burke, Commissioner

BOROUGH OF WEST CAPE MAY
CAPE MAY COUNTY
STATE OF NEW JERSEY
BOROUGH OF WEST CAPE MAY

ORDINANCE NO. 378-07

AN ORDINANCE AMENDING ORDINANCE 364-06 ESTABLISHING AN HISTORIC PRESERVATION COMMISSION AND GUIDELINES IN THE BOROUGH OF WEST CAPE MAY

NOTICE OF FINAL ADOPTION

                        The above captioned Ordinance was passed on Second Reading, Public Hearing and Final Adoption by the Board of Commissioners of the Borough of West Cape May, in the County of Cape May, State of New Jersey, at a Regular Meeting of the Board of Commissioners held on March 28, 2007.

                                                                                    Kate Kilian
Deputy Municipal Clerk