[Added 5-26-2009 by Ord. No. 1-09]

This article shall be known and may be referred to as the "Historic Preservation Ordinance of the City of Long Branch."

A. In adopting this article, it is the intention of the City Council of the City of Long Branch to designate and regulate historic sites within the City consistent with and pursuant to the Municipal Land Use Law of the State of New Jersey (N.J.S.A. 40:55D-1 et seq.) and as interpreted by court decisions in this state.

B. A Commission is hereby created to review the potential effect of development and permit applications on designated historic sites and to work with and advise the Planning Board and Zoning Board and individual property owners on the effect of applications coming before either Board on designated historic properties or improvements within an historic district.

C. This article is intended to regulate only those activities on designated sites which require a permit from a municipal officer or employee or which require an application for development to the Planning Board or Zoning Board. Nothing herein shall prevent review of other activities by the Commission, but such review is not required by the adoption of this article.

D. This article does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near an historic site should not necessarily duplicate the exact style of the site; rather, it should be compatible with and not detract from the historic site.

E. This article does not require or mandate the creation of any historic district(s).

A. The City Council of the City of Long Branch finds and determines that the City has many historic and architecturally significant properties, together with groupings of properties of generally vernacular structures. These properties contribute visually to the character and integrity of the City and are important in assessing the historic patterns of development and the City's history. Maintaining, preserving, and rehabilitating these visual links to the past is an important function of government, not only to provide a sense of stability and continuity for future generations, but to provide impetus for the revitalization of the City's economic base and for the resulting increase in property values.

B. Moreover, the City's Master Plan adopted by the City Council in 1988 contained many elements related to historic preservation designations, including a list of more than 60 properties which were identified as qualifying for landmark status.

C. These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples of the City's environment in order to:

(1) Safeguard the heritage of Long Branch by preserving resources within the City which reflect elements of its cultural, social, economic and architectural history;

(2) Encourage the continued use of historic landmarks and facilitate their appropriate use;

(3) Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites or objects within the City of Long Branch;

(4) Stabilize and improve property values for historically significant buildings and buildings within the historic district, and foster civic pride in the building environment containing historic sites;

(5) Promote appreciation of historic landmarks for education, pleasure and the general welfare of the local population;

(6) Encourage beautification and private reinvestment in or near historic sites;

(7) Manage change by preventing alteration or new construction not in keeping with the historic districts or individually designated historic properties;

(8) Discourage demolition of historic resources;

(9) Encourage the proper maintenance and preservation of historic settings and landscapes;

(10) Encourage appropriate alteration of historic landmarks;

(11) Enhance the visual and aesthetic character, diversity, continuity and interest in the City of Long Branch; and

(12) Promote the conservation of historic sites and invite and encourage voluntary compliance.

A. Establishment. Pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., the City of Long Branch Historic Preservation Advisory Commission (hereafter "Commission") is hereby established and created.

B. Membership. The Commission shall consist of seven regular members, three of which shall be Class A and three of which shall be Class B, and who shall serve without compensation, except that Commission members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business within the guidelines of the budget established by the City Council. Two Commission members shall be appointed solely by the Mayor, and five Commission members shall be appointed solely by the City Council. The Commission shall include members from each of the following classes: [Amended 2-9-2010 by Ord. No. 1-10]

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

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

(3) Class C: regular members who are not designated 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 Planning Board or the Board of Adjustment.

(4) 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, and all members shall disclose to the Commission any such personal or financial interest.

C. Term; vacancies; removal. The terms of members shall be for four years. The terms of the initial members appointed under this article shall be staggered, to the extent possible, evenly over the first four years after their appointment. The term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Zoning Board shall be for the term of membership on the Zoning Board. All members, at the expiration of their terms, may be eligible for appointment to an additional four-year term. Appointments to fill vacancies shall be only to complete the unexpired terms. Vacancies shall be filled within 60 days. A member of the Commission may, after public hearing if requested, be removed by the City Council for cause.

A. Officers. Each year in the month of January, the 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 Commission or a municipal employee.

B. Staff, experts, counsel, expenses and costs.

(1) The City Council shall make provision in its annual budget and appropriate funds for the expenses of the Commission.

(2) 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 Municipal Attorney or other authorized attorney approved by the City Council at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts, grants or other sources of self-generated revenue, the amount appropriated by the governing body for the Commission's use and shall be in accordance with the Local Public Contracts Law.

(3) Escrow and application fee schedules, which are necessary to reimburse the Commission for costs incurred pursuant to § 345-126B(2), shall be established and adopted via ordinance by the City Council.

C. Meetings; procedures; decisions. The Commission shall reorganize annually, each January. The Commission may adopt such administrative rules, regulations, procedures and forms for applications by formal resolution, as shall provide for the orderly conduct of its business and processing of applications, provided that such rules, regulations and procedures shall not be inconsistent with any provision of this article. A quorum shall consist of four members. All Commission meetings shall be subject to the Open Public Meetings Act. To the extent practical, the procedures followed by the Commission as to public hearings, voting, etc., shall be patterned after those of a Planning Board pursuant to the Municipal Land Use Law. Decisions by the Commission shall be in writing by resolution setting forth findings of fact and conclusions of law. The Commission may follow the procedure for memorializing decisions as is permitted for Planning Boards.

D. A staff member of the Department of Building and Development may attend all meetings of the Commission and may participate in a nonvoting capacity.

A. Powers and duties. The powers and duties of the Commission shall be as follows:

(1) To prepare and to maintain guidelines for the appropriate architectural designs applicable to the exterior appearance of new construction and for the renovation, alteration, enlargement or other change to the exterior of structures that are located on an historic property in the City which have been designated historic landmarks.

(2) To review all applications relative to § 345-130 and make recommendations on proposed designs.

(3) To review and make recommendations on proposed designs and other design elements (e.g., exterior materials, signs, landscaping, exterior lighting, etc.) contained in site plans for new, enlarged, or altered existing buildings designated as landmarks.

(4) To review and make recommendations on design for all plans that call for the construction of new buildings or the improvement or demolition of existing buildings, in whole or in part, that are located in or on any historic property, site or buildings located elsewhere in the City that have been designated by the City or other agency.

(5) To study and prepare reports evaluating other areas or properties in the City which, because of their recognized architectural/historical significance, would qualify as historic landmarks. Such findings and recommendations shall be presented to the Planning Board for action thereon and shall be included in the list of properties.

(6) Prepare an inventory of historic sites/landmarks of the City pursuant to criteria identified in the survey report. Thereafter, in cooperation with City professionals, determine which properties are eligible for state and national historic preservation designation and apply for such designations where applicable. For purposes of "survey" definition, the Commission adopts the following nationally accepted guidelines: National Register Bulletin 24-Guidelines for Local Surveys, "A Basis for Preservation Planning"; and National Register Bulletin 15 - "How to Apply the National Register Criteria."

(7) Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan.

(8) Advise the Planning Board and City Council on the inclusion of historic landmarks in any recommended capital improvement program.

(9) Advise the Planning Board and the Board of Adjustment on applications for development.

(10) Provide written reports on the application of the zoning provisions concerning historic preservation to the administrative officer in charge of issuance of building permits.

(11) Carry out such other advisory, educational and informational functions as will promote historic preservation in the City, including serving as the City's archivists and participating in education programs dealing with preservation for schools, senior citizens and others.

(12) Assist other public bodies in aiding the public in understanding historic resources, their significance and methods of preservation.

(13) Advise the City Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, sites and structures, including the preparation of a long-range plan; identify and secure state, federal and other grants and aid to assist therein; and monitoring such projects once underway.

(14) Recommend to the Planning Board and the City Council the establishment and boundaries of historic sites where appropriate.

(15) Advise the Board of Adjustment as to the granting of use variances where such are deemed to be within the intent and purposes of this article.

(16) Secure the voluntary assistance of the public and, within the limits of the budget established by the City Council for the Commission's operation, to retain consultants and experts and incur expenses to assist the Commission in its work and to provide testimony in support of the Commission's position before other bodies, commissions or courts.

(17) Cooperate with local, county, state, or national historical societies, governmental bodies and organizations to maximize their contributions to achieve the intent and purposes of this article.

(18) Recommend to the applicable county, state and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.

(19) To provide recommendations, input and advice relative to sites of historic interest to the same extent as to historic landmarks and to buildings, structures, sites and/or objects; however when an application for a construction permit relating to a site of historic interest has caused the Commission's jurisdiction to be invoked, any such recommendation, input and advice shall be purely advisory and shall have no binding effect.

(20) The Commission shall on or before January 14 of each year provide to the City Council, Municipal Clerk, Planning Board, Board of Adjustment, Construction Official and administrative officer an updated list of landmarks and sites of historic interest. Throughout the year, the Commission shall update such lists as designations change.

B. Compatibility with other agencies.

(1) The responsibilities, powers and duties of the Commission shall not conflict with or supersede the powers and duties of any other board or agency within the City of Long Branch.

(2) The Planning Board and Board of Adjustment shall refer to the Commission every application for development submitted to either board for development in historic zoning districts or on historic sites designated on the Zoning or Official 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. 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 delegation of one of its members or staff to testify orally at the hearing on the application for development and to explain any written report which may have been submitted.

A. Word usage. For the purpose of this article, unless the context clearly indicates a different meaning:

(1) The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

(2) The word "lot" includes the words "plot" or "premises."

(3) The word "used" includes the words "intended to be used" or "arranged to be used."

(4) The word "occupied" includes the words "intended to be occupied," "designed to be occupied" or "arranged to be occupied."

(5) The word "permit" shall refer to a "certificate of appropriateness" permit and shall be the certificate issued by the Planning Board, Zoning Board or administrative officer after review of the certificate of appropriateness application by the Commission. This certificate is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure pursuant to this article.

(6) The word "demonstrate" means to provide such visual, written or oral information as will enable the Commission or other reviewing agency or board to render an informed opinion or decision thereon.

B. Definitions. As used in this article, the following terms shall have the meanings indicated:

ADDITION The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.

ADMINISTRATIVE OFFICER The person designated to handle the administration of building permit applications as referenced in this article.

AFFECTING A LANDMARK OR HISTORIC DISTRICT Any act which alters or changes an historic landmark.

ALTERATION Any work done on any existing improvement which:

(1) Is not an addition to that improvement; or

(2) Changes the appearance of the exterior surface of any improvement.

BUILDING A structure created to shelter human activity of any kind.

DEMOLITION The partial or total razing or destruction of any building, structure, or of any improvement within or on an historic site or of any historic landmark.

HISTORIC DISTRICT A geographically definable area (but not including any City-designated areas in need of redevelopment) possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:

(1) Represent a significant period in the development of the City; or

(2) Have a distinctive character resulting from their architectural style; or

(3) Because of their distinctive character, can readily be viewed as an area or neighborhood distinct from surrounding portions of the City.

HISTORIC DISTRICT RESOURCES Resources within an historic district shall be classified either as "key," "contributing," or "noncontributing," which are defined as:

(1) KEY Any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.

(2) CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the Historic District either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.

(3) NONCONTRIBUTING Any buildings, structures, sites or objects which are not integral components of the Historic District because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.

HISTORIC PROPERTIES Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association (but not including any of the aforegoing which are located in any City-designated areas in need of redevelopment), and which have been determined pursuant to the terms of this article to be:

(1) Of particular historic significance to the City of Long Branch by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community;

(2) Associated with historic personages important in national, state, county or local history;

(3) The site of an historic event which had a significant effect on the development of the nation, state, county, City or neighborhood;

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

(5) Representative of the work of an important building, designer, artist, engineer or architect;

(6) Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant Innovation; or

(7) Able or likely to yield information important in prehistory or history.

IMPROVEMENT Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.

OBJECT A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.

REPAIR Any work done on any improvement which:

(1) Is not an addition to the improvement;

(2) Does not change the exterior architectural appearance of any improvement.

REPLACEMENT The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.

SITE The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeologic significance.

SITES OF HISTORIC INTEREST Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this article, are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.

STRUCTURE Any man-made work arranged in a definite pattern of organization.