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JULY 1, 2015





Following the salute to the Flag the Deputy Clerk called roll, present were Commissioner Cheswick, Commissioner D’ Angelo, Mayor Fernicola.

Also present were Guy P. Ryan, Esq., Village Attorney, Daniel J. Mason, Acting Clerk and Marilyn Simons, Deputy Clerk.

The Deputy Clerk read the Open Public Meetings Announcement: The notice requirements of C.231, P.L. 1975, have been satisfied by transmitting the notice of this Regular Meeting to the Village’s two official newspapers on January 21, 2015 posting the notice on the office bulletin board on the same date and filing a copy of the notice in the Clerk’s office.


UPON MOTION of Commissioner Cheswick, seconded by Commissioner D’ Angelo, carried, that the payment of bills totaling $39,786.23 for the month of July, 2015 be and the same is hereby approved as presented.

Recorded Vote:

Ayes: Commissioner Cheswick, Commissioner D’ Angelo, Mayor Fernicola Nays: None Absent: None UPON MOTION of Mayor Fernicola, seconded by Commissioner D’ Angelo, carried, that the payment to the Township of Ocean Board of Education in the amount of $164,347.00 for the month of July, 2015 be and the same is hereby approved;

Recorded Vote:

Ayes: Commissioner D’Angelo, Mayor Fernicola Nays: Commissioner Cheswick Absent: None


UPON MOTION of Commissioner Cheswick, seconded by Mayor Fernicola, carried, that the following reports and correspondence for the period ending June 30, 2015 on file in the Village Clerk’s office, be and the same are

hereby ordered received and filed:

REPORTS Expenditure Report • Revenue Received Report • Tax Collections Report • Deal Police Department, Monthly Incident Report •


Monmouth Regional Health Commission No. 1, agenda and various • reports/correspondence;

Received Audit Report from Hulsart and Company on June 19, 2015.

Recorded Vote:

Ayes: Commissioner Cheswick, Commissioner D’ Angelo, Mayor Fernicola Nays: None Absent: None OLD BUSINESS ORDINANCE #2015-407 – The Village Attorney read the said Ordinance by Title, advising of its publication in its entirety in The Coaster, on June 11, 2015, ORDINANCE #2015-407


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This Ordinance shall be known and cited as the “Historic Preservation Ordinance of the Village of Loch Arbour.”


There is hereby established within the Village of Loch Arbour a “Historic District.” The boundaries of the Village of Loch Arbour Historic District (hereinafter referred to as the “District”), are coterminous with the boundaries of the Village.

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003.2 Intent of the Historic Preservation Ordinance.

It is the intent of this ordinance to establish the circumstances, conditions and procedures to obtain a Certificate of Appropriateness, as hereinafter defined, from the Planning Board as it pertains to exterior architectural features, applications for permits from the Construction Official or applications for development of properties in the “District”. No building permit, where such is required, shall be issued unless a Certificate of Appropriateness shall have been previously issued by the Planning Board, pursuant to this Ordinance, except in the case of an Ordinary Repair, Emergency Repair or where no change to a Major Architectural Element is proposed.


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

ACCESSORY BUILDING shall mean a building, which is customarily associated with and is subordinate and incidental to the principal building, and exceeds a 40 square foot footprint and/or five (5) feet in height at its peak.

ADDITION shall mean any extension or increase in the size, floor area or height of a building.

ADMINISTRATIVE OFFICER shall mean the person designated by the Board of Commissioners to handle the administration of applications in accordance herewith as well as the coordination of building applications as referenced herein.

ALTERATION, MAJOR shall mean the addition, change or modification of major architectural elements to a building, which effects the design, shape, pitch or existence of the roof including, but not limited to, main roofs, dormers, roofs of bay or cantilevered windows, pediments, parapets, towers, porches, cupolas, Porte Cochere and balconies, as well as alterations, including demolition of non-linear (e.g. oval, Palladian, etc.) window frame outlines. Major alterations would additionally include changes by additions or complete conversion or alteration of the traditional predominant substance, texture or finish of a building (e.g. changing from wood to stucco, stucco to brick), and changes by additions or complete conversion or alteration of columns and railings on any exterior elevation.

ALTERATION, MINOR as distinct from alteration, major, shall mean the replacement or renewal of existing work, requiring a building permit, of a building, with the same or architecturally equivalent materials, equipment or parts, that are made in the ordinary course of maintenance and that do not cause a major alteration of the building, nor result in a request for any other relief from the Planning Board.

APPLICATION shall mean the formal request by a property owner to the Planning Board for review of an activity, which potentially constitutes a major alteration.

ARCHITECTURAL DRAWINGS shall mean drawings prepared, signed and sealed by a New Jersey licensed Architect, or drawings prepared so as to clearly and unambiguously indicate proposed new work and the existing building (in the case of an addition or modification). Drawings shall include a site plan, floor plans and elevations in sufficient scale and detail to convey the intended new work. The elevation drawings shall indicate all features (i.e.

dormers, windows, roofs, trim, etc.) and surface finishes proposed for the project. Plans shall indicate the intended use of all rooms, terraces, Porches, etc.

ARCHITECTURAL ELEMENT, MAJOR is a distinguishing original feature, and shall mean an architectural component/design/style/object, which clearly expresses the time period in which a building was built. For the purpose of administration of this ordinance the following are considered Architectural Elements, Major: (a) Roof shape/pitch and existence of roofed items, including main roof, dormer roof, roof of roofed windows, pediments/parapets, tower roof, Porte-cochere roof, porch roof, balcony roof; (b) Non-linear (e.g. oval, Palladian, etc.) window frame outlines; (c) Predominant surface/finish of the building; (d) Columns and railings.

BACK YARD shall mean and be equivalent to “rear yard” as defined in the Developmental Ordinance of the Village.

BOARD shall mean the Planning Board established pursuant to the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.)

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CERTIFICATE OF APPROPRIATENESS shall mean that certificate issued by the Board, that is required prior to undertaking rehabilitation, restoration, renovation, alteration or demolition, undertaken of buildings, accessory buildings or garages in the District.

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COST ESTIMATE shall mean a written estimate of the costs, prepared by an Architect, Engineer or Contractor licensed in the State of New Jersey, broken down by category of work, for any proposed MAJOR ALTERATION, MINOR ALTERATION or DEMOLITION.

DEMOLITION shall mean the partial or total razing, dismantling or destruction of any building or of any improvement within the Village of Loch Arbour.

DISREPAIR shall mean a condition that permanently and directly threatens the existence and successful preservation, restoration or rehabilitation of an Architectural Element, Major as defined herein.

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EMERGENCY REPAIR shall mean an immediate and temporary repair necessary only to allow the continued habitability of a building and/or to protect the health and safety of any occupants and/or the community at large.

GARAGE shall have the same definition as set forth in the Developmental Ordinance of the Village.

IMPROVEMENT shall mean any building 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.

NON-ORDINARY REPAIR shall mean any repair that does not constitute an ORDINARY REPAIR as that term is defined herein.

ORDINARY REPAIR shall mean repairing any deterioration, wear or damage to a building, accessory building, garage or part thereof, to return the same as nearly as practicable to its condition prior to such deterioration, wear or damage.

PRINCIPAL BUILDING shall mean any BUILDING, as defined in the Developmental Ordinance of the Borough, which is not an ACCESSORY BUILDING or GARAGE.

PORCH shall have the same definition as set forth in the Developmental Ordinance of the Village.


005.1 Statutory Authority The Village of Loch Arbour Planning Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a commission established pursuant to N.J.S.A. 40:55D-107 et seq., and as may be amended from time to time. At least one Planning Board member shall meet the qualifications of a Class A member as defined by N.J.S.A. 40:55D-107(b) and at least one Planning Board member shall meet the qualifications of a Class B member as defined by N.J.S.A.


005.2 Preservation Powers of the Planning Board

The Planning Board shall have the following preservation powers:

A. To review any and all applications for development and applications for zoning and/or building permits with respect to proposed improvements to, or demolition of, any and all existing or proposed buildings within the District for appropriateness of design, arrangement and materials to be used and whether the proposed improvements will detract from the visual character of the District;

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C. To encourage alterations, repairs, restoration, reconstruction and rehabilitation of any building to be made in the spirit of the original architectural style and to require that any additions are made in such a manner as not to detract from a building’s original appearance.

D. To utilize and apply the Design Guidelines in the review of permit and development applications to see that said application substantially comply with the intent of the Design Guidelines.

006 GUIDELINES The Planning Board shall establish guidelines to be known as “Design Guidelines for the District” which shall be submitted by the Planning Board to the Board of Commissioners for its approval. Any amendments or supplements thereto proposed by the Planning Board shall also be submitted to the Board of Commissioners for its approval. The Design Guidelines may be used in the review of all development applications and applications for Certificates of Appropriateness in the District. The Design Guidelines establish the “suggested” or “preferred” means of maintaining the visual sense of the past within the District. However, the Design Guidelines are not “requirements” but are to be liberally construed to provide the Planning Board with the flexibility to address the specific circumstances of a particular applicant while achieving the purposes of this Ordinance.


007.1 Requirement For a Certificate of Appropriateness A. A Certificate of Appropriateness is required in the District for

the following actions:

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B. Any applicant undertaking any change to the exterior of any building, accessory building or garage which would constitute (i) Major Alteration (as defined herein), (ii) a Minor Alteration (as defined herein), (iii) demolition or (iv) new construction shall first complete and submit an application for a Certificate of Appropriateness to the Zoning Officer.

C. The Construction Official shall not issue a building permit for any exterior change to any building, accessory building or garage, which would constitute (i) Major Alteration (as defined herein), (ii) a Minor Alteration (as defined herein), (iii) demolition or (iv) new construction prior to review by the Planning Board and the issuance of a Certificate of Appropriateness, except in the case of an Ordinary Repair (as defined herein), or an Emergency Repair (as defined herein) or in the event of the Board’s failure to act in the time prescribed in N.J.S.A. 40:55D-111.

007.2 A Complete Application shall consist of:

A Complete Application for a Certificate of Appropriateness shall

consist of:

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C. A narrative description pursuant to the Design Guidelines of the proposed scope of work;

D. In the case of an application for a partial or total demolition, a Cost Estimate (as defined herein) to rehabilitate / restore the building, accessory building or garage or part thereof sought to be demolished and a Cost Estimate (as defined herein) of the proposed demolition and replacement.

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b. Hearings will be conducted pursuant to the administrative procedures established in the Developmental Ordinance of the Village of Loch Arbour as amended, as well as other statutory requirements of the State of New Jersey for the conduct of Planning Board Hearings.

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