Disregard for Local Law
The Ocean Grove Camp Meeting Association (OGCMA) Does Not Have the Required Permits/Approvals. Their Commencement of Work Without Such Highlights Their Belief that Rules Do Not Apply to Them.
The OGCMA has Failed to Obtain Several Local Permits and Approvals, as Required by Law
Based on the application materials submitted by the OGCMA to the New Jersey Department of Environmental Protection (NJDEP) regarding its proposed reconstruction of the pier, as mandated by the New Jersey Land Development Ordinance (NLDO), (see analysis below), the OGCMA is required to obtain the following:
Zoning Permit.
Demolition Permit.
Historic Preservation Commission (HPC) Certificate of Appropriateness.
The following definitions, as provided in Section 201 of the NLDO, are relevant to the analysis below:
Improvement - Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.
Land - Any ground, soil, or earth including marshes, swamps, drainage-ways and areas not permanently covered by water within the municipality. [emphasis added]
Permit - Any required Township approval for exterior work to any structure or property in a historic district or on a historic site, which exterior work is subject to public view. Permit shall include, but is not limited to a zoning permit, construction permit, a demolition permit, a permit to move, convert, relocate or remodel or to change the use or type of occupancy of any structure or property in a historic district which involves exterior changes to the structure or the property on which it is located.
Recreational Facility – A place designed and equipped for the conduct of sports and leisure time activities, excluding billiard parlors, video arcades, adult book and video stores, and massage parlors.
Structure – A combination of materials constructed for use, occupancy, or ornamentation whether installed on, above, or below the surface of land.
The analysis below provides the relevant provisions of the NLDO and the Ocean Grove Historic District Architectural Design Guidelines for Residential and Commercial Structures substantiating the conclusion that the OGCMA is required to obtain each of the below-mentioned permits/approvals.
1. The OGCMA is Required - but has failed- to Obtain a Zoning Permit
“It shall be the duty of the Construction Official and Zoning Officer of the municipality to administer and enforce the provisions of this Ordinance. No structure or building improvement shall be erected until a zoning permit is obtained by the Zoning Officer and a construction permit is obtained from the Construction Official and no structure or lot shall be used in violation of this Ordinance.” NLDO §1101.
Section 1102 of the NLDO provides that a zoning permit shall be issued prior to: “(3) the construction, erection, alteration, conversion, or installation of any building or structure.” NLDO §1101.
“It shall be the duty of the Zoning Officer or his designee of the Township to review and submit to the Historic Preservation Commission all plans for the construction, alteration, repair, restoration or demolition of structures located in any Historic District Zone including any changes in the existing exterior elements of the building and other improvements on the site that can be seen from the outside.” [emphasis added] NLDO §900.
2. The OGCMA is Required - but has failed - to Obtain a Demolition Permit
The HPC Certificate of Appropriate (COA) Application Packet explicitly provides that if a project includes demolition of 15% or more of exterior or existing structure, the applicant must apply for a Demolition Permit prior to applying for an HPC COA.
Moreover, Section 907 of the NLDO 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 a purpose other than providing a site for a public building or land for public use such as a road widening.” NLDO §907.
Ordinance No.09-42 further amended Section 907 and includes the following definition for Pier Foundations: “Pier Foundations shall mean and consist of any isolated masonry or cast- in-place concrete structural elements extending into firm materials which are visible on the structure.”
In 2009, an ordinance was enacted amending and supplementing Section 907 of the NLDO, “Demolition within a Historic District.” Specifically, the ordinance, Ordinance No. 09-42, provided a revised definition: “Demolition: shall mean the total demolition of fifty (50%) or more of the exterior walls, visible pier foundations...” Ordinance No. 09-42. [emphasis added]
Not only do the demolition provisions of NLDO apply, but, in fact, the NLDO was amended to ensure piers were included in the applicability of such provisions. As such, the OGCMA unequivocally must obtain a demolition permit.
3. The OGCMA is Required - but has failed - to Obtain an HPC Certificate Of Appropriateness
According to the HPC Certificate of Appropriate Application Packet, “All exterior work performed on or around any existing or proposed single family, townhouse, multifamily dwelling, religious or recreational structure within the Ocean Grove Historic District is subject to and must comply with the standards and intent of the Ocean Grove Historic District Architectural Design Guidelines for Residential Structures. In addition, all exterior work performed on or around any existing or proposed commercial structure is subject to and must comply with the standards and intent of the Ocean Grove Historic District Commercial Building Façade Architectural Design Guidelines.”
“A Certificate of Appropriateness must be obtained from the HPC prior to the procurement of a Construction Permit and/or commencement of any work whether it requires a construction permit or not. Included in the term "work" is …any other exterior elements visible to public view or otherwise impacted by a proposed change or improvement.” [emphasis added] HPC Guidelines §I(A).
“Any work performed at all public or commercial structures, within the Ocean Grove Historic District is to fully comply with the intent of Commercial Building Facades Architectural Design Guidelines, hereafter referenced as the Design Guidelines, and will be subject to review by the Historic Preservation Commission of the Township of Neptune and its assigned professional reviewing representatives.” [emphasis ORIGINAL] HPC Guidelines §I.
The OGCMA’s Commencement of Work on the Proposed Pier Without Necessary Permits and Approvals is Another Example of its Disregard for the Law.
Given the fact that the OGCMA is the owner of a substantial amount of land in Neptune Township, they are unequivocally aware of the permits and approvals necessary to accomplish their goal of reconstructing the pier into the shape of a Cross. The fact that the OGCMA has not even so much as requested even one of the several required permits/approvals is another example of the OGCMA’s belief that it is above the law.
