An Applicant shall have two (2) years from the adoption of the Findings of Fact to secure the necessary permit to demolish or partially demolish a structure from the Construction Official At the request of the Applicant, upon a showing of good cause, and prior to the expiration of the initial two (2) year period set forth herein, the Commission may extend this period for an additional one (1) year period. In the event the Applicant fails to secure the necessary demolition permit and commence the demolition or partial demolition, this approval shall expire and the Applicant shall be required to submit a new application for demolition or partial demolition.

In the event an owner shall fail to comply with the procedures set forth herein relative to the demolition or partial demolition as specified herein, in addition to any other penalties imposed by any other official of the Township of Neptune, the owner(s):

(a) Shall be subject to the issuance of a summons and complaint, returnable in the Municipal Court, charging a violation related to this chapter. Each separate day the violation exists shall be deemed to be a new and separate violation of this Chapter.

(b) Penalties Designated: Any owner or persons who violate or who permit, take part or assist in any violation of this Chapter, shall for each and every violation thereof, and for each and every day that such violation thereof continues to 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 or complete and file the requisite application as required pursuant to this Chapter.

(b) Injunctive Relief: In the event that any demolition or partial demolition would permanently and/or adversely effect or change any structure or structures within the Historic District or an historic site or any other structure of historical/architectural significance without the issuance of a demolition permit by the Historic Preservation Commission, the Commission may authorize an application to the Superior Court of New Jersey, Monmouth County, for such injunctive relief or restraint as is required to prevent the unauthorized or illegal demolition of a structure within the Historic District.

This ordinance shall take effect upon final passage and publication as required by law.

All ordinances or parts thereof inconsistent with the provisions of this ordinance section are hereby repealed to the extent of such inconsistency.

If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid by a Court of competent jurisdiction, such adjudication shall apply only to that section, paragraph, clause or provision and the remainder of this ordinance shall be deemed to be valid and enforceable.

**Webmasters Note: The previous section has been amended as per Ordinance No. 07-46.

A. Applicability. This Section applies where the proposed demolition (in whole or in part) of a structure in any historic zone district or other designated historic site situated elsewhere in the Township is for the purpose of providing a site for a public building or land for public use such as a road widening.

B. Notice Required. The applicant for the demolition permit shall notify the following agencies as well as the Historic Preservation Advisory Committee:

1. Township of Neptune Historical Society;

2. Historical Society of Ocean Grove;

3. State Office of Historic Preservation;

4. State Historic Sites Council;

5. Office of Archaeology and Historic Preservation, Department of the Interior; and

6. National Trust for Historic Preservation.

A. Application for Permit; Statement of Construction Official. An application for a permit to relocate a structure shall be forwarded by the Zoning Officer and/or Construction Official to the Historic Preservation Advisory Committee, accompanied by a statement from the Zoning Officer and/or Construction Official that the property has no Code violations and that the subject property conforms to all requirements of the Township of Neptune Zoning Ordinance for the new zoning district to which the property will be relocated.

B. Nonconformance to Zoning Ordinance. Where the relocated structure will not conform to all of the requirements of the Township Zoning Ordinance, the applicant shall accompany the relocation application with evidence of the needed approval(s) by the Zoning Board of Adjustment, Planning Board, Township Committee or any other Township Board having jurisdiction.

C. Correction of Building Code Violations Required. When the subject structure contains building code violations that will be corrected after the structure has been relocated to the new site, the Construction Official shall not issue a Certificate of Occupancy until those violations have been corrected and approved by the Code Enforcement Department.

D. Exterior Changes. When the relocation of a structure will cause needed improvements that will include the exterior of the structure, the applicant for a relocation permit shall also submit the drawings, photographs and other material describing the contemplated changes in the exterior appearance.

E. Field Inspection; Findings. Prior to acting on an application for the relocation of a structure that is subject to this Subsection, the Historic Preservation Commission shall make a field inspection of the proposed site to determine that the site and its surroundings are appropriate for that specific structure in terms of land use, design of buildings, traffic topography, landscaping, etc. The Historic Preservation Commission's findings on which their decision will be based upon findings made during the field inspection and shall include the field inspection date and the names of the Historic Preservation Commission members who make the inspection.

Performance and Review of Repairs. When an historic landscape requires immediate emergency repair to preserve the continued habitability of the landmark and/or the health and safety of its occupants or others, such repairs may be performed in accordance with Township Codes, without the necessity of first obtaining the Historic Preservation Commission's review.

Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants of the historic landmark or others and/or to maintain the habitability of the structure. A request for the Historic Preservation Commission's review shall be made as soon as possible and no further work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this chapter. All work done under this section shall conform to the criteria set forth in Subsection 508(Design Guidelines/Visual Compatibility factors) and the procedures for review of applications as adopted by the Historic Preservation Commission in accordance with requirements for Applications for Certificate of Appropriateness.

A. Designation. Any person may request the designation of an historic site or Historic District by submitting to the Historic Preservation Commission a completed application for such designation on a form furnished by the Historic Preservation Commission. The Historic Preservation Commission, in addition may, on its own motion, initiate proceedings for the designation of any historic site or Historic District.

B. Criteria for Designation. In considering an individual site, building or a structure or a district that is of particular historical, archaeological, cultural, scenic or architectural significance to the Township of Neptune, the County of Monmouth, the State of New Jersey or to the nation and reflects or exemplifies the broad cultural, political, scenic, economic or social history of the nation, State or locality, the Historic Preservation Commission shall give consideration to the following criteria:

1. That it is associated with events that have made a significant contribution to the broad patterns of our history; and/or

2. That it is associated with the lives of persons significant in our past; and/or

3. That it embodies the distinctive characteristics of a type, period or method of construction or that it represents the work of a master or that it possesses high artistic values or that it represents a significant and distinguishable entity whose components may lack individual distinction; and/or

4. That is has yielded, or may be likely to yield, information important in pre-history or history.

5.Ordinarily, cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past fifty (50) years shall not be considered eligible for designation as an historic site. However, such properties will qualify if they are integral parts of historic sites that do meet the criteria or if they fall within the following categories:

(a) A religious property deriving primary significance from architectural or artistic distinction or historical importance; or

(b) A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with an historic person or event; or

(c) A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building associated with his/her productive life; or

(d) A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events; or

(e) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or

(f) A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance; or

(g)A property achieving significance within the past fifty (50) years if it is of exceptional importance.

C. Notice of Consideration. When the Historic Preservation Commission decides to consider an application for designation, notice that such application is being considered shall be given by ordinary mail and certified first class mail to each owner of record of the proposed historic site or of the tax lots located in the proposed Historic District. In addition, each owner of record shall be given notice of any public hearing on a proposed designation at least fifteen (15) days prior to the hearing by certified mail and ordinary mail.

D. Hearing and Record. The Historic Preservation Commission shall hold a public hearing on each proposed designation. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list shall be prepared for each structure and district proposed for designation, specifying the locations, any popular names and a description of the boundaries of any proposed Historic District or historic site. This list shall be published in a newspaper of general circulation in the Township not more than thirty (30) nor less than ten (10) days before such hearing is to be held. Completed applications for designations scheduled for consideration at a hearing shall be on file with the Township Clerk and available for inspection by interested persons during the regular business hours at least ten (10) days before such hearing.

E. Decision of the Historic Preservation Commission. After consideration of all information in the application and presented at the hearing, the Historic Preservation Commission shall have the authority to recommend to the Planning Board, within forty-five (45) days of the hearing, that all or part of any proposed structure or district qualifies for (a) inclusion in the Historic Preservation Element and other appropriate elements of the Master Plan; or (b) designation in the Zoning Ordinance. This determination of the Historic Preservation Commission shall constitute a recommendation to the Township Committee and Planning Historic Preservation Commission.

F. Township Committee Determination. Upon the Historic Preservation Commission's approval of any designation of the landmark or Historic District, such an ordinance shall immediately become effective upon approval of the Township Committee and Planning Board, and in accordance with applicable law. At once upon approving a designation, the Historic Preservation Commission shall forward its recommendation for approval of the designation to the Township Committee. The Township Committee shall act to approve or disapprove the designation within sixty-five (65) days of receipt of the Board's recommendations. If the Township Committee disapproves a designation, this chapter will no longer apply to the subject structure or district. The Township Committee may, at its discretion, call a further public hearing on any recommendation for designation. Such hearings, if called, shall occur within thirty (30) days of the receipt of the decision of Historic Preservation Commission, and the Township Committee decision shall be rendered within sixty-five (65) days of the close of such further public hearing.

G. Notice of Determination. If the Historic Preservation Commission disapproves any application for designation, the proceedings with regard to the proposed Historic District or landmark shall terminate. If the Historic Preservation Commission approves an application for designation, the notice of such approval and of its transmittal to the Township Committee shall be given to the Township Construction Official, the Planning Board, the Board of Adjustment and sent by ordinary mail and first class certified mail to any owner of record of the subject property. When the Township Committee approves or disapproves a designation or if a designation becomes final because the Township Committee did not act upon it within sixty-five (65) days, notice of the landmark or Historic District decision shall be given to the Zoning Officer, Township Construction Official, Planning Board and the Board of Adjustment and sent by ordinary mail and first class certified mail to any owner of the subject property.

A. Code Enforcement. Recognizing the need for preventive maintenance to insure the continued useful life of historic sites and structures in Historic Districts and other designated sites in the Township of Neptune, the Township Committee hereby declares that code enforcement for such sites and structures is a high municipal priority.

B. Notice of Violations. In the event that any historic site or improvement in an historic zone district or any other designated site in the Township deteriorates to the point that, in the best estimate of the Construction Official, the cost of correcting the outstanding code violations equals more than twenty-five (25%) percent of the cost of replacing the entire improvement on which the violation occurs, the Construction Official shall serve personally, or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement and the replacement cost of the improvements and stating that if the owner does not take all necessary remedial action within sixty (60) days or such extensions as the Construction Official shall for good cause grant, the Township's designated official may, at the expiration of the sixty (60) days, enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.

C. Deterioration of Buildings and Structures Prohibited. All buildings and structures in an Historic District or any other designated site in the Township shall be maintained so that all exterior walls, roofs, stairs, porches, windows and door frames are in waterproof condition. Cornices, entablatures, wall facings, trim and similar decorative features shall be maintained so as to prevent deterioration. All structural and architectural features shall be maintained so as to prevent deterioration and any deterioration which adversely affects the overall character of the building or the district in which the building is located is prohibited. The Construction Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of any property requiring preventive maintenance as set forth herein, listing the violations and following the procedures as set forth in Subsection B above.

D. Request for Hearing. Upon receipt of such notice, the owner may, within ten (10) days after such receipt, notify the Construction Official of his or her intention to have a hearing as to the allegations and estimates set forth in the notice. The hearing shall be conducted by Historic Preservation Commission and shall, so far as possible, be a formal adversary proceeding in which the Construction Official shall establish the matters alleged in the notice by a preponderance of the evidence.

E. Service of Opinion of Construction Official. If the owner does not request a hearing, the procedure set forth in Subsection D above shall be binding. If a hearing is requested, the Construction Official will within ten (10) days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to this section.

F. Abatement by Township. Thereafter, if the owner does not comply, the Construction Official may enter onto the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

G. Certification of Costs. The Construction Official shall then certify to the Township Committee the cost of such work plus all administrative, clerical and legal costs and overhead attributable thereto and shall present the same to the Township Committee.

H. Costs a Lien on Property. The Township Committee may, by resolution, vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and if not then paid, bearing interest at the same rate as delinquent taxes.

A. Failure to Obtain Approval. Any person who shall undertake any activity in violation of any provisions relating to historic zone districts and designated historic sites without first having obtained a Certificate of Appropriateness or any other required approval, shall be deemed to be in violation of those provisions.

B. Service of Notice of Violation. Upon learning of the violation, the Administrative Officer shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail. The violator shall be required to file an application for a Certificate of Appropriateness to Historic Preservation Commission within ten (10) days of receipt of the notice of violation. If the owner cannot be personally served within the municipality with the notice, a copy of the same shall be posted on the site in question and a copy shall be sent by certified mail, return receipt requested, to the owner at his or her last known address, as it appears on the Township tax rolls.

C. Issuance of Summons and Complaint. In the event that the violator fails to file an application for a Certificate of Appropriateness within the specified ten (10) day period following service and/or posting on the site in question, whichever is earlier, the Administrative Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this Chapter. Each separate day the violation exists shall be deemed to be a new and separate violation of this Chapter.

D. Penalties Designated. Any person or persons who violate or who permit, take part or assist in any violation of this chapter shall for each and every violation thereof, and for each and every day that such violation thereof continues to be subject to a fine of not more than five hundred ($500.00) dollars or be subject to imprisonment in the municipal or County Jail for a period not exceeding ninety (90) days or both and/or be required to correct, abate and/or restore premises in the discretion of the magistrate before whom such conviction shall be had.

E. Injunctive Relief. In the event that any action which would permanently and/or adversely change the Historic District or the historic site or any other property of architectural/historic significance, such as demolition or removal is about to occur without a Certificate of Appropriateness having been issued, the Administrative Officer is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of such property.

A. Effective Approval. An approval of Historic Preservation Commission shall be valid for a period of two (2) years from the date of approval unless reasonable extensions are granted by Historic Preservation Commission.