Re: Front fence Hamilton Park

Posted by jc_dweller on 2017/6/28 9:31:29
Quote:

Bamb00zle wrote:
Of course Dan doesn't follow the City Ordinance – he and the HPC never have, issuing demands that go way beyond the authority granted them by the enabling NJ MLUL.

Their regulatory powers are limited by law to “preservation” - that's the language in the legislation. However, Dan and the HPC operate by withholding permits until owners give into their demands for extensive, expensive, “restoration” and “reconstruction” work. The enabling law does NOT give the HPO or HPC authority to demand restoration or reconstruction of things that were removed or destroyed years ago. If a historic feature was removed – it's gone, and there is nothing to preserve. You can't preserve something that doesn't exist.

Go and carefully read the statue and the City Ordinance. You'll find that neither contains any language that compels owners to undertake “restoration” or “reconstruction.” The complete absence of such language is significant, as it indicates the law or ordinance was not written to compel these particular activities. If an owner wants voluntarily to do that type of work they can do so after permits are issued, and in doing that work they must follow the Ordinance. But it is beyond the City's authority to force any owner to undertake any activity other than “preservation”, if the owner doesn't want.

Bottom line: if you have a historic fence, you'll need to proceed with preservation. However, if your fence is NOT historic, then Dan is beyond his authority in demanding you “recreate” a historic fence. Some other requirements come into play – chain link fences aren't allowed, but those requirements aren't for historic purposes.

Unfortunately, as I've noted before, it will take a law suit run by a smart, knowledgeable attorney to stop the arbitrary, and “ultra vires” abuse by Dan and the HPC.


HPC is not under the purview of MLUL. That guides planning and zoning. Not preservation. Thus, it makes perfect sense that they don't follow it.

With regard to the City code, I'll refrain from any comment having not read that section in a very long time and I don't have the time to do it right now.

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