On the date specified in the legal notices set forth herein, the Commission shall conduct a Demolition Hearing in order to determine whether to grant the application for Demolition Approval and the authorization for the issuance of a demolition permit by the Construction Official for the purpose of a demolition or partial demolition. The within hearing may be adjourned at the discretion of the Commission to permit the completion of all required testimony from the Applicant and the public and to insure a fair, complete and impartial presentation. The Applicant shall present his application to the Commission for a determination by the Commission relative to demolition approval. The Applicant may be represented by counsel. The Applicant may present testimony to the Commission including personal testimony, lay and expert testimony in support of the application. All witnesses may be questioned by the Commission, the Commission attorney and by the public. All testimony presented shall be given under oath. The demolition hearing shall be conducted in the following order:

(a) Introduction of Application to the Commission and public.

(b) Administration of Oath to Applicant and any witnesses.

(c) Marking of any exhibits inclusive of the application and expert reports.

(d) Opening statement of the interest parties (Applicant and Objectors).

(e) Presentation of Applicant's case, which shall include all testimony of all lay and expert witnesses. At the conclusion of such testimony, Commission members and the public may ask any questions of the Applicant or any witness presented by the Applicant.

(f) Presentation of Commission expert (if any). At the conclusion of such testimony, Commission members, Applicant and the public may ask any questions of the Commission expert.

(g) Presentation by any Objector (if any), which shall include all testimony of all lay and expert witnesses. At the conclusion of such testimony, Commission members, Applicant and the public may ask questions of any witness presented by the Objector.

(h) Public comment. The public shall be permitted to make statements for or against the application. All statements made by the public, either in support or against the within application shall be made under oath.

(i) Closing statements by the Applicant and Objector on the subject application.

(j) Conclusion of Hearing. Applicant shall be notified of the waiting period required under this ordinance, the required posting of notification and the publication at both the commencement and conclusion of the waiting period. The Commission will fix dates for the receipt of initial findings of facts to be prepared by the Commission Attorney and the date for formal adoptions of such findings of facts. The Chairperson shall announce all dates to the public.

(k) The Chairperson may modify or amend this procedure set forth above in order to facilitate an orderly presentation of the matter before the Commission, including the receipt in evidence of all documents and exhibits presented and all testimony on the within application.

The Applicant shall bear the burden of proof in all matters relative to the demolition or partial demolition of a structure within the Historic District. Such burden of proof shall include the presentation of testimony, lay or expert, introduction of exhibits, reports, photographs scientific testing, maps, surveys or any other exhibits which will permit the Commission to make certain findings of fact as set forth in Section 10 herein. The failure of the Applicant to present such evidence necessary for the Commission to make the requisite findings of fact required herein shall be grounds for denial of the demolition approval and the requisite demolition permit.

The Historic Preservation Commission shall not approve an application for demolition approval so as to authorize the Construction Official to issue a demolition permit for either a total demolition or partial demolition until after it has conducted a demolition hearing and has heard and considered testimony relative to the following specified criteria as applied to each structure within the Historic District, herein referred to as the "findings of facts". The decision to grant or deny the demolition approval for a total demolition or partial demolition and to authorize the Construction official to issue a demolition permit shall be based upon the criteria set forth herein. The Commission shall either grant or deny a demolition approval for either a total demolition or partial demolition and shall make specific findings of fact based upon the following criteria:

(a) The classification of the structure as a key structure, contributing structure, supporting structure or other structure as determined by the Historic Preservation Commission

(b) The age or approximate age of the current structure together with the age or approximate age of any additions to the structure.

(c) The specific architectural style of the structure, if such architectural style can be identified.

(d) The existing ownership, historical ownership, current use and historical use of the structure.

(e) The rationale or reasoning of the applicant for requesting demolition or partial demolition.

(f) The architectural and/or historical importance of the structure and its status within the Historic District or national listings of such properties after notification by the Historic Preservation Commission to the appropriate agency(s) charged with this responsibility including, but not limited to, State Office of Historic Preservation, State Historic Sites Committee, Office of Archaeology and Historic Preservation, Department of the Interior and national Trust for Historic Preservation.

(g) Any examples, displays or designs which adopt or promote a seashore style or vernacular including design features and craftsmanship located at the subject property that could not be reproduced easily inclusive of brackets, finials, window openings, glass windows, pents, decks, porches, rooflines or such other exterior features.

(h) The structural soundness and integrity of the structure and the economic feasibility of restoring, repairing or rehabilitating the structure so as to comply with the requirements of the applicable building codes as determined by a qualified professional. The within rehabilitation or restoration may include a gut renovation of the subject property or an adaptive reuse or revision to the property.

(i) The impact of the demolition or partial demolition on the Historic District and the surrounding neighborhoods within the Historic District compared with the existing condition of the property.

(j) The effect such demolition or partial demolition will have upon the economic base of both the surrounding neighborhood and Historic District.

(k) The effect the demolition or partial demolition would have upon the public's interest in architectural, historic and aesthetic matters generally including the maintenance of an existing streetscape, massing or historic continuity that the structure may be associated with.

(l) The importance of the structure to the Township of Neptune and the Historic District to the extent that such demolition or partial demolition would result in the loss of an architecturally and/or historically significant structure to the detriment of the public interest.

(m) The extent to which the structure represents an historic era by design, location and/or massing or retains a design or craftsmanship indicative of the period that it could not be reproduced or reproduced only with great difficulty.

(n) The location of the subject property in relation to prominent areas or streets featured within the Historic District whose removal would negatively impact on the seashore vernacular found in the Historic District.

Following the conclusion of the public hearing on the requested demolition or partial demolition application, there shall be established a waiting period to (a) allow for the preparation of the requisite findings of fact as required herein; (b) to allow a party or interested parties to establish a procedure for the acquisition of the property in order to preserve or rehabilitate the subject property. The waiting period shall be as follows:

(a) In the case of an application for the total demolition of a structure characterized as a key structure, contributing structure or supporting structure, a minimum of ninety (90) days to a maximum of one-hundred and fifty (150) days from the conclusion of the public hearing.

(b) In the case of an application for a total demolition of a structure characterized as an "other structure", a minimum of sixty (60) days to a maximum of one-hundred and twenty (120) days.

(c) In the case of a partial demolition to any structure located within the Historic District, a minimum of sixty (60) days to a maximum of ninety (90) days.

(d) In the case of a key structure, for good cause shown, the Commission may extend the waiting period an additional one-hundred and twenty (120) days to permit an interested party to establish a procedure to acquire and preserve the subject property.

Commencing after the conclusion of the demolition hearing and for the length of waiting period specified in Section 11 herein, the Applicant shall cause notice of the proposed demolition or partial demolition to be publicly advertised as follows:

(a) By posting a notice of the proposed demolition or partial demolition in a conspicuous location at the proposed structure facing the street fronting the subject property. In the case that the affected property shall front on two (2) public streets; the within notice shall be posted facing both public streets the demolition notice shall include:

(a) The address of the subject property.

(b) The lot and block of the subject property

(c) The applicable ordinance section

(d) The nature and scope of the application (demolition or partial demolition)

(e) The name, address and telephone number of the Historic Preservation Secretary who can supply information relative to the within application

(f) Name, address and telephone number of the Applicant or the representative of the Applicant with knowledge concerning the property

(g) Notice advising a party or interested parties who may wish to establish a procedure for the acquisition of the property in order to preserve or rehabilitate the subject property.

(h) The date and time fixed for the adoption of the findings of fact by the Historic Preservation Commission

(b) By publishing notice of the proposed demolition or partial demolition in an official newspaper of the Township of Neptune, which notice shall incorporate the elements of the within demolition notice set forth above, and which publication shall:

Applicant shall provide proof of the posting of the requisite demolition notice and proof of publication in an official newspaper of the Township of Neptune (Affidavit of Publication) prior to the formal adoption of the findings of fact required by Section 10 herein.

Upon the adoption of the findings of fact required under Section 10 herein, the Commission shall grant or deny the within application. In the event the application is Granted; the following procedure shall apply:

(a). Upon passage of the Resolution Adopting Certain Findings of Fact, the Secretary shall transmit a copy of the Resolution Adopting Certain Findings of Fact to the Applicant, Construction Official and to the Zoning Officer within ten (10) days following formal adoption.

(b) Applicant shall thereafter be permitted to apply to the Construction Official for the formal issuance of the demolition permit for demolition or partial demolition required in the Historic District. Applicant shall be responsible for the payment of any and all fees required by the Construction Official and/or the Township of Neptune.

(c) Applicant shall further comply with any and all requirements of the Construction Official and the Zoning Officer relative to the actual procedure used in the demolition or partial demolition of the structure.

(d) The demolition permit or the right to seek the issuance of demolition permit to demolish or partially demolish a structure within the Historic District shall be valid for a period of two (2) years from the date of the adoption of the findings of fact by the Commission. Upon request of the Applicant, and for good cause shown, the Commission may grant an extension to the Applicant to demolish or partially demolish a structure for an additional one (1) year period. If demolition or partial demolition is not completed within the time constraints set forth herein, said approval shall be deemed to have expired and the Applicant shall be required to submit a new application for demolition or partial demolition for consideration by the Commission

Upon the passage of the Resolution Adopting Certain Findings of Fact required under Section 10 herein, the Commission shall grant or deny the within application. In the event the application is Denied; the following procedure shall apply:

(a). Upon passage of the Resolution Adopting Certain Findings of Fact, the Secretary shall transmit the within findings of fact to the Applicant, Construction Official, Zoning Officer and to the Secretary, Zoning Board of Adjustment within ten (10) days following formal adoption.

(b) Applicant shall have forty-five (45) days from the receipt of a duly executed copy of the Resolution Adopting Certain Findings of Fact as required under Section 10 herein, by which to appeal the decision of the Historic Preservation Commission denying the application for demolition or partial demolition approval of a structure within the Historic District.

(c) Should an Applicant desire to appeal the denial of the application, the Applicant shall perfect said appeal by filing a Notice of Appeal with the Secretary, Zoning Board of Adjustment, on such forms required by the Zoning Board of Adjustment and in accordance with procedures determined by the Zoning Board of Adjustment.

(d) Upon the filing of an appeal to the Zoning Board of Adjustment, the Secretary, Historical Preservation Commission shall transmit to the Zoning Board of Adjustment the complete file of the within application including, but not limited too; the initial application, all exhibits and reports introduced into evidence and the Resolution Adopting Findings of Fact which denied the within application. Upon transmittal, jurisdiction of the within application shall be venued in the Zoning Board of Adjustment.

(e) Upon the filing of the within appeal, Applicant shall be required to post all required escrows and pay any filing fees as may be required to the Zoning Board of Adjustment, The Applicant shall further take steps to secure all necessary transcripts of the demolition hearing held before the Historic Preservation Commission or post all required escrows necessary to secure written transcripts of all proceedings before the Historic Preservation Commission.

The decision of the Zoning Board of Adjustment with respect to any appeal filed from a decision of the Historic Preservation Commission relative to the demolition or partial demolition approval of any structure situate within an Historic District shall be deemed a final decision. Any further appeal challenging any decision, ruling or determination of the Zoning Board of Adjustment shall be cognizable in the Superior Court of New Jersey, Monmouth County.

The decision of the Zoning Board of Adjustment shall be the sole appeal within the Township of Neptune from all matters cognizable before the Historic Preservation Commission. The Zoning Board of Adjustment shall issue a written decision which may affirm, reverse, dismiss or remand the within appeal back to the Historic Preservation Commission for such additional findings or conclusion as may be specified in accordance with the following:

(a) Affirmation: Should the Zoning Board of Adjustment affirm the decision of the Historic Preservation Commission, the Zoning Board of Adjustment shall adopt a Resolution affirming the decision of the Historic Preservation Commission which may adopt specific findings in support of affirmation. Certified copies of the within Resolution shall be transmitted to the Secretary, Historic Preservation Commission, Zoning Officer, Construction Official and to the Applicant. The Applicant shall have the right to appeal said determination to the Superior Court of New Jersey, Monmouth County, in accordance with Section 16. If no appeal is filed within 45 days of the filing of the within Resolution, the within affirmation shall be deemed final. Thereafter, the Applicant shall be barred from making a new application for demolition or partial demolition affecting the subject property for a period of two (2) years from the final decision of the Historic Preservation Commission or Zoning Board of Adjustment, whichever is later. Any transfer, assignment or change in ownership shall not abrogate or shorten the within period. The Secretary, Historic Preservation Commission shall record the within decision in the official records of the Commission.

(b) Reversal: Should the Zoning Board of Adjustment reverse the decision of the Historic Preservation Commission, the Zoning Board of Adjustment shall adopt a Resolution reversing the decision of the Historic Preservation Commission and shall adopt specific findings in support of reversal. Certified copies of the within Resolution shall be transmitted to the Secretary, Historic Preservation Commission, Zoning Officer, Construction Official and to the Applicant. The Historic Preservation Commission shall have the right to appeal said determination to the Superior Court of New Jersey, Monmouth County, in accordance with Section 16. If no appeal is filed within 45 days of the filing of the within Resolution, the within affirmation shall be deemed final. The Secretary, Historic Preservation Commission shall record the within decision in the official records of the Commission.

(c) Dismissal: The Zoning Board of Adjustment may dismiss any appeal filed from a decision of the Historic Preservation Commission for any reason, including but not limited to; (a) failure of the Applicant to timely file the within appeal; (b) failure of the Applicant to post any required escrows or pay any required application fees; (c) failure of the Applicant to promptly secure transcripts of any proceedings conducted before the Historic Preservation Commission and deliver same to the Secretary, Zoning Board of Adjustment; (d) failure of the Applicant to comply with all scheduling notices or briefing schedules established by the Zoning Board of Adjustment; (e) failure of the Applicant to prosecute said appeal before the Zoning Board of Adjustment or (f) such other reasons as may be determined by the Zoning Board of Adjustment. The Secretary, Historic Preservation Commission shall record the within decision in the official records of the Commission.

(d) Remand: The Zoning Board of Adjustment may remand any appeal to the Historic Preservation Commission for such additional testimony, findings of facts, conclusions at law or such additional testimony as the Zoning Board of Adjustment shall direct. The Zoning Board of Adjustment shall adopt a Resolution remanding the within matter with specific instructions for any such supplemental evidence, findings or conclusions as may be required. The Zoning Board may also establish a reasonable time limit to transmit said supplemental findings. The Secretary, Historic Preservation Commission shall transmit all supplemental findings to the Zoning Board of Adjustment. The Zoning Board of Adjustment shall proceed further based upon those additional findings consistent with this section.

Any demolition or partial demolition of a structure within a Historic District undertaken, commenced, started, completed or otherwise proceeding without a demolition approval issued by the Historic Preservation Commission and a demolition permit issued by the Construction Official shall be deemed an illegal demolition; except as may be provided in Section 17(Exceptions). The owner of said structure which has been demolished or partially demolished or which demolition activities have commenced shall be solely responsible to secure the requisite demolition approval and demolition permit as required hereunder. The owner of the said structure upon which demolition or partial demolition activities have commenced shall not evade responsibility hereunder based upon the failure to act or the actions or inactions of others including any qualified professional, contractor, tenant, contract purchaser or assignee relative to the demolition or partial demolition without having first secured the requisite demolition approval and demolition permit in accordance with the procedures set forth herein.

Exceptions: The sole exceptions to securing a demolition approval and demolition permit for the demolition or partial demolition shall be in the case of condemnation ordered by the Construction Official, Township of Neptune, based upon a determination that the structure, in its present condition, represents an imminent threat to the health and safety of any occupants or adjoining property owners or structures or to the public at large or based upon an Order entered by a Judge, Superior Court of New Jersey, Monmouth County which authorizes, approves and orders a condemnation of said structure.

(a) Procedure Upon Discovery of an Illegal Demolition: Upon such Notification by a Township Inspector, Police Official or based upon a upon a complaint brought by any citizen, the Secretary, Historic Preservation Commission shall immediately request a Commission Member(s) to inspect the subject property to determine whether the property is the subject of an illegal demolition. Upon confirmation by the Commission Member(s), the Secretary, Historic Preservation Commission shall request the Construction Official or designee to conduct an immediate inspection of the affected property. Should any inspection made by the Construction Official or designee confirm that an illegal demolition has been undertaken, commenced, started, completed or otherwise proceeding without a demolition permit the following procedure shall apply:

(c) Failure to obtain Demolition Permit: An Applicant who commences a demolition or partial demolition and who thereafter fails to obtain the necessary permit in accordance with the procedure set forth herein, the Applicant shall be barred from making a new application for demolition or partial demolition affecting the subject property for a period of two (2) years from the final decision of the Historic Preservation Commission or Zoning Board of Adjustment, whichever is later. Any transfer, assignment or change in ownership shall not abrogate or shorten the within periods.

All structures located in the Historic District shall be preserved by their owner(s) against decay, rot, deterioration and kept free of certain structural defects to prevent demolition or partial demolition caused solely by the neglect of said structure. Such owner(s) shall be required to repair and maintain such structure from the following defects, unless otherwise prohibited by the Construction Official in those cases where the structure may be deemed unsafe:

(a) Determination of Neglect: Upon notification to the Commission by a Commission Member, Construction Official, Code Enforcement Employee or any citizen, the Commission may request the Administrative Official or designee to investigate any claim that a structure is being demolished or partially demolished by neglect. Upon such notification, the Administrative Official or designee shall contact the Owner(s) and arrange for an immediate inspection of the structure. In the event such inspection shall reveal the presence of any of the conditions set forth herein, the Administrative Official shall report the nature and extent of said conditions to the Secretary, Historic Preservation Commission and to the Construction Official. The Secretary shall cause notice to be sent to the Owner(s) setting forth the within conditions found in the structure and affording the Owner(s) thirty (30) days from the date of said notice to correct the defects or present a plan to the Commission for remediation if the defects can not be rectified within the thirty (30) day period. Nothing herein shall restrict or otherwise prohibit the Construction Official from acting in accordance with applicable state regulations, building codes or municipal building codes.

Should the Owner(s) failed to correct the deficiencies within the thirty (30) day period specified herein or fail to present a plan to the Commission to correct said deficiencies or having submitted a plan, fail to carry out the remediation as proposed, the Commission may either (a) direct the issuance of a municipal court summons; (b) request the Administrative Official or Construction Official to take such appropriate action within his jurisdiction or (c) both. Nothing herein shall prevent the Commission from granting any reasonable extension requested by the Owner(s) by which to undertake or complete the necessary repairs. The issuance of a municipal court summons shall be deemed to continue and for each and every day that such violation thereof continues, the Owner(s) shall be subject to the maximum fine and/ or period of imprisonment or both as provided and/or be required to correct, abate and/restore said structure in the discretion of the Municipal Court Judge.

(b) Municipal Lien: In the event the Owner(s) shall refuse to undertake remediation, the Commission may request the Township of Neptune undertake such repairs as may be necessary to stabilize and protect the structure. The cost of repairs shall be paid by the Township who will thereafter charge all related costs and expenses for all such repairs and improvements to the record owner(s). Any such cost or expense so charged shall be assessed and filed as a lien against the subject property including all costs associated with the preparation and filing of the lien documents. The Township, and its authorized agents, employees or contractors are hereby expressly authorized to enter the subject property at all reasonable hours for the purpose of completing those repairs necessary for the stabilization and repair of the structure. Neither the Township, its authorized agents, employees nor contractors shall be answerable for damage to the subject property due to the enforcement of this section.