This ordinance establishing the historic preservation incentives was passed by the Mountain Lakes Borough Council on July 23, 2012.
BOROUGH OF MOUNTAIN LAKES
MORRIS COUNTY, NEW JERSEY
ORDINANCE 08-12
“ORDINANCE AMENDING CHAPTER 40 OF THE REVISED GENERAL ORDINANCES
OF THE BOROUGH OF MOUNTAIN LAKES
INCLUDING ESTABLISHING A HISTORIC PRESERVATION COMMITTEE AND
ESTABLISHING SPECIAL ZONING REQUIREMENTS
FOR CONTRIBUTING DWELLINGS”
BE IT ORDAINED by the Borough Council of the Borough of Mountain Lakes, in the County of Morris and State of New Jersey, as follows:
Section 1. Chapter 40, Land Use Administration, Article VI, “Historic Preservation,” hereby amended to read in its entirety as follows:
ARTICLE VI
Historic Preservation
The intention of this article is to effectuate and encourage the protection, enhancement and perpetuation of historic structures and historic landscapes within the Borough, to implement the historic preservation element of the Master Plan, and to advance the following public purposes:
There is hereby established within the Borough a Historic Preservation Committee, hereinafter referred to as the “Committee,” whose members shall serve without compensation.
The Committee shall have the responsibility to:
The Committee shall consist of seven members and two alternates who shall be appointed by the Borough Council.
Members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archaeology or a related discipline, to the extent that such professionals are available in the Borough. Committee membership shall include other persons who have demonstrated special interest, knowledge or experience in building design and construction, history, architecture or a related discipline. Members may reside outside of the Borough if no resident is qualified, except that no more than two members of the Committee shall be nonresidents. Alternate members shall meet the qualifications of regular voting members and shall be designated as Alternate No. 1 and Alternate No. 2 at the time of appointment.
The initial terms of office of the first regular Committee members shall be for one, two, three or four years, to be designated by the Borough Council in making such appointments in the following manner: one member shall be appointed for one year, two members shall be appointed for two years, two members shall be appointed for three years and two members shall be appointed for four years. The initial terms of office for the first alternate members of the Committee shall be for one year and two years, respectively. The term of each member shall expire on December 31 of the last year of each member’s term. All members of the initial Committee shall be appointed within 90 days of the final passage of this article. The terms of appointment of succeeding Committee members shall be for four years each for regular voting members and two years each for alternate members, to expire on December 31 of the last year of such succeeding member’s term. Notwithstanding any other provision herein, the term of any member common to the Committee and the Planning Board or the Zoning Board of Adjustment shall be for that person’s term of membership on the Planning Board or Zoning Board of Adjustment.
At its annual organization meeting, the Committee shall elect from its membership a Chairperson to serve as presiding officer of the Committee. The Committee shall also elect a Vice Chairperson from its membership and select a Secretary who may or may not be a member of the Committee.
A majority of Committee members shall attend a conference or training session in historic preservation or a related field. Failure to obtain adequate training may result in removal from the Committee.
A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only, and the appointment shall be made by the Borough Council.
A member of the Committee may be removed by the Borough Council for cause; provided, however, that such member shall be entitled to a public hearing if he or she requests it.
The Committee shall keep minutes and records of all meetings and proceedings, including but not limited to voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be matters of public record. All meetings shall comply with the Open Public Meetings Act, N.J.S.A. 10:4-7 et seq. The Committee shall adopt such other procedural rules for the conduct of its business as it deems necessary and advisable. No Committee member shall vote or participate in any meeting concerning any matter in which he or she has a direct or indirect personal interest, monetary or otherwise.
A quorum for the transaction of business shall be four regular and/or alternate members.
The Committee shall maintain a comprehensive historic survey of the Borough to identify historic resources. The initial survey shall be the survey conducted in conjunction with, and included in, the nomination of the Mountain Lakes Historic District for listing on the New Jersey Register of Historic Places and the National Register of Historic Places in 2005.
In order to provide an incentive for the preservation of contributing dwellings within historic districts, the bulk requirements in the Borough zoning ordinance have been modified to provide greater flexibility in alterations to existing contributing dwellings in historic districts that satisfy the eligibility requirements set forth in this § 40-49B.
Contributing dwellings will be eligible for the Bulk Incentives when all of the following conditions are satisfied with respect to any alterations made after the Effective Date:
All of the foregoing exceptions are subject to compliance with the overall bulk requirements.
The following modified bulk requirements will apply to contributing dwellings that satisfy the eligibility requirements set forth in § 40-49B:
| Zone | Contributing Dwellings |
|---|---|
| R-AA | 16% |
| R-A | 21% |
| Zone | Contributing Dwellings |
|---|---|
| R-AA | 24% |
| R-A | 30% |
| Zone | Contributing Dwellings |
|---|---|
| R-AA | 20 ft. minimum side setback; minimum total of 50 ft. both sides |
| R-A | 20 ft. minimum side setback; minimum total of 50 ft. both sides |
An applicant or architect may request clarification from the Zoning Board of Adjustment or Planning Board, as applicable, for a determination whether a given structure is eligible for the Bulk Incentives or whether a proposed alteration meets the eligibility requirements set forth in § 40-49B for the Bulk Incentives. The Committee will act in an advisory capacity in such requests to the Zoning Board of Adjustment or Planning Board. The Zoning Board of Adjustment or Planning Board shall render its decision no later than 60 days after the date a request is submitted.
In order to evaluate the effectiveness of the certification process required under § 40-49D(2) in effectuating the purposes of this ordinance, the Committee shall from time to time review applications that have been submitted in reliance on the Bulk Incentives and the accompanying checklists and certifications required under § 40-49D(2) and may make recommendations to the Planning Board and Borough Council regarding potential revisions to this article based on the results of such review.
The requirements of this article shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.
No duties or powers of the Committee shall supersede or infringe on the powers of other Borough boards and committees.
CHECKLIST AND CERTIFICATION FOR
ELIGIBILITY FOR BULK INCENTIVES
Applicant _______________________________________________________________
Address_________________________________________________________________
Owner __________________________________________________________________
Address_________________________________________________________________
Block Number__________________________Lot(s)_____________________________
Application Number______________________
Certification that the proposed alterations comply with all of the requirements of § 40-49B. Certain
terms are used as defined in the Mountain Lakes Land Use Administration Ordinance:
______ The alterations to all street-facing facades will be compatible with the existing or
original structure. (§ 40-49B(1))
______ The proportion between the width and height of the proposed alterations will be
compatible with any street-facing facade of the existing or original structure. (§ 40-
49B(1)(a))
______ The proportions and relationships between doors and windows in street-facing
facades will be compatible with the existing or original structure. (§ 40-49B(1)(b))
______ (If applicable, check here and confirm below that one of the requirements below
applies) Alterations include side additions to a street-facing facade.
______ Any alterations consisting of side additions to a street-facing facade
will have a minimum setback of 12 inches from the plane of the
existing street-facing facade, and any associated roofline will have a
minimum setback of 12 inches from the existing roof line. (§ 40-
49B(1)(c))
______ There was, on [the Effective Date], an existing side addition or side
porch to a street-facing facade (§ 40-49B(1)(d)):
______ an open-air porch that existed on [the Effective Date]
and does not comply with the 12-inch setback
requirement will be enclosed within the existing plane
of the porch, and overall bulk requirements will be
complied with. (§ 40-49B(1)(d)[1])
______ a side addition that existed on [the Effective Date]
and does not comply with the 12-inch setback
requirement will be extended no more than a further
five feet to the side of the same plane as the existing
side addition, and overall bulk requirements will be
complied with. (§ 40-49B(1)(d)[2])
______ The height of the proposed alterations will be compatible with the existing structure.
(§ 40-49B(2))
______ The design of the roof and any dormers will be compatible with the existing roof and
dormers. (§ 40-49B(2))
______ Any alterations will preserve the existing or original roof ridge, roof pitch and
overhangs of the existing or original structure. (§ 40-49B(2))
______ (If applicable, check here and confirm that the requirement below applies)
Alterations include new or altered dormers.
______ Any new or altered dormers will be compatible with the typical styles
of dormers associated with the original structure. (§ 40-49B(2))
______ Architectural details and materials will be incorporated as necessary to relate the
new with the old and to preserve and enhance the character-defining features of the
existing or original structure. (§ 40-49B(3))
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______ (If applicable, check here and confirm that the requirement below applies) Windows
will be replaced or have been replaced since [the Effective Date].
______ The replacement windows contain real or simulated divided lights,
grille patterns, sizes and shapes that are compatible with the typical
styles of windows associated with the original structure and
otherwise comply with the requirements of this subparagraph (3). (§
40-49B(3))
______ After completion of the proposed alterations, 100% of the existing street-facing
facade width and height will be retained intact consistent with the other
requirements of this checklist. (§ 40-49B(4)(a))
______ After completion of the proposed alterations, at least 75% of the floor area of the
original structure as it existed on December 31, 1931 will remain. (Interior
renovations and any restoration to match the original will not be deducted in
determining compliance with the 75% requirement.) (§ 40-49B(4)(b))
______ I have read and am familiar with the publication entitled, "Historic Mountain Lakes --
Restoration and Renovation Handbook." (Available on the Mountain Lakes Historic
Preservation Committee website, or upon written request to the Mountain Lakes
Historic Preservation Committee.)
______ To the best knowledge of the person signing this certification, any alterations to the
structure that were performed after [the Effective Date] and prior to the date hereof
and still exist as of the date hereof fully comply with the requirements of § 40-49B.
Certified by: __________________________ Print Name:___________________________
License #: ___________________________ Date:________________________________
Section 2. Chapter 40, Land Use Administration, Section 40-3, entitled “Definitions”, is hereby amended to include the following additional definitions:
BULK INCENTIVES — The modified bulk zoning requirements applicable to contributing dwellings satisfying the eligibility requirements set forth in § 40-49.
COMMITTEE — The Historic Preservation Committee established pursuant to the provisions of this article.
COMPATIBLE — When used in connection with a component of an alteration, shall mean the component is consistent or in keeping with the original structure or the existing structure. In order to be compatible, a component of an alteration is not required to be identical to components of the original structure or the existing structure. Being compatible includes both restoration and replacement of the original structural component.
CONTRIBUTING DWELLING — (1) One of the dwellings that (a) were constructed on or before December 31, 1931, (b) are listed as “contributing buildings” within the Mountain Lakes Historic District in the National Register of Historic Places Registration Form for the Mountain Lakes Historic District, (c) are described as a “Hapgood” or “Belhall” structure in the National Register of Historic Places Registration Form for the Mountain Lakes Historic District, and (d) have not been demolished prior to the Effective Date; and (2) such other structures as are designated as “contributing dwellings” by ordinance upon the recommendation of the Committee and the Planning Board. The Committee shall publish a listing of contributing dwellings on its website.
DEMOLITION OR DEMOLISH — The razing, dismantling or destruction, whether entirely or in significant part, of any designated building, structure, site, object or improvement.
EFFECTIVE DATE — August 11, 2012.
EXISTING– When used in connection with a structure or a component or feature of a structure, refers to such structure as it existed on the Effective Date.
HISTORIC DISTRICT — The Mountain Lakes Historic District in the New Jersey Register of Historic Places and the National Register of Historic Places.
HISTORIC RESOURCE — Any buildings, structures, sites, objects, improvements or landscapes which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
ORIGINAL STRUCTURE — The structure as it existed when originally constructed.
REPLACEMENT — The act or process of replicating any exterior architectural feature that is used to substitute for a deteriorated or extensively damaged architectural feature.
RESTORATION — The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.
STREET-FACING FACADE — The facade of a structure that (i) faces a street which abuts the property on which the structure is located and which is actively used as a roadway for vehicular traffic by the public, and (ii) is either parallel to, or at an angle of not more than 45 degrees to, such street. Corner lots and “through lots” shall be considered to have two street-facing facades.
Section 3. If any section or provision of this Ordinance shall be held invalid in any Court of competent jurisdiction, the same shall not affect the other sections or provisions of this Ordinance, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Each of the provisions of this Ordinance relating to Bulk Incentives are inseparable from the remainder or any portion thereof, and if any section or provision of this Ordinance relating to Bulk Incentives, including the limitations on eligibility for Bulk Incentives, shall be held invalid in any Court of competent jurisdiction, then all provisions of this Ordinance relating to Bulk Incentives shall be invalid.
Section 4. All Ordinances or parts of Ordinances, which are inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 5. This Ordinance shall take effect immediately after final passage and publication in the manner provided by law.
| Council Member | By: | 2nd | Yes | No | Abstain | Absent | By | 2nd | Yes | No | Abstain | Absent |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| McWilliams | X | X | X | |||||||||
| Holmberg | X | X | X | |||||||||
| Jackson | X | X | ||||||||||
| Bravo | X | X | ||||||||||
| Shaw | X | X | X | |||||||||
| Happer | X | X | ||||||||||
| Gormally | X | X | X |
Michele Reilly, RMC, Deputy Clerk
Charles X. Gormally, Mayor
The attached Ordinance No. has been prepared by our office and is ready for distribution to the Borough Council.
Martin F. Murphy, Esq.

