§ 168-2. Findings, purpose and policy.  


Latest version.
  • A. 
    The Borough finds and determines as follows:
    (1) 
    The historical, cultural, architectural and social heritage of the Borough is given in trust from generation to generation to be used, enriched and then passed on.
    (2) 
    The character, life-style and very quality of life in the Borough depend in great measure on the Borough protecting this heritage of the past.
    (3) 
    The ongoing presence of historic districts and landmarks as an essential element of municipal character and identity is an important factor in the economy of the Borough and the property values therein.
    (4) 
    Such historic districts and landmarks are vital to the education and civic-mindedness of the Borough's young people.
    (5) 
    A number of critical factors, such as uncontrolled growth, deterioration, demolition, redevelopment and resubdivision, threaten such landmarks and districts.
    (6) 
    The welfare of the Borough is dependent on the preservation of its historic heritage for the reasons set forth above.
    B. 
    It is therefore determined that there is a special public interest in the preservation of this heritage which requires the regulation of land use located in the historic districts and the regulation of historic landmarks as provided in this chapter, which public interest has been recognized by the State of New Jersey in N.J.S.A. 40:55D-2j and N.J.S.A. 40:55D-65i. This chapter is intended and designed to encourage restoration of historic structures and historic districts.
    C. 
    It is the intention of the Borough to create an agency which can assist the Borough in establishing a system of preservation regulations based on a rational plan and objective which will complement existing land use law and construction code. The controls herein established, while compatible with N.J.S.A. 40:55D-28b(6) and Section 516 of the Uniform Construction Code, should be viewed as having an independent basis under N.J.S.A. 40:48-2 and N.J.S.A. 40:55D-65i.
    D. 
    Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with requirements of any other state statutes or Borough ordinances or regulations.
    E. 
    In the event of any inconsistency, ambiguity or overlapping of requirement between this chapter and any other requirement enforced by the Borough, the more restrictive shall apply.
    F. 
    This chapter should not be viewed as requiring or prohibiting the use of any particular architectural style; rather, the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near a landmark or historic district should not necessarily duplicate the style of the landmark or historic district, it should simply be compatible with and not detract from the landmark or historic district.