Re: Front fence Hamilton Park
Posted by Bamb00zle on 2017/6/28 10:24:00
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.
This is 100% incorrect.
For those who may not be aware the City's Historic Preservation Ordinance is part of the Zoning Code.
The City's Historic preservation ordinance (345-71) is a section of the City's zoning and development code – aka the JCLDO – “Jersey City Land Development Ordinance”. It is found at Chapter 345 “Zoning” in the Jersey City Code of Ordinances.
The NJ MLUL is the enabling legislation that permits the HPC to regulate “preservation.” The HPC draws ALL of it's authority to regulate from the relevant provisions of the MLUL. In respect of preservation, the intent and purposes of MLUL provisions, as stated in the legislation are:
“j. To promote the conservation of historic sites and districts,...” NJSA 40:55D-2.
Other sections of the MLUL provide details of how this must be accomplished in order to be compliant with state law. Both make for interesting reads given the abuse of power by the HPO and HPC.
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