Cape May Adopts New Design Standards

CAPE MAY – Following a process that lasted over 18 months and spanned the control of two different municipal administrations, Cape May City Council voted to adopt an ordinance amendment clarifying standards related to display of new technology in its historic district.
Even after long consideration by a special committee appointed by the council, which resulted in a consensus draft by the committee, council made two further amendments to the draft before adopting it.
New Standards
Design standards in the historic district can lead to contentious situations in which homeowners face significant investments.
The city’s Historic Preservation Commission (HPC) is often credited with helping to save the city’s historic designation when it was in danger some years ago. That same commission is also considered by some property owners to be too rigid and inflexible, imposing unnecessary hardships on some property owners.
Being a premier site for historic homes with a national landmark designation does not always lead to easy decision-making.
In these additions to the design standards, the ordinance dealt with technology that did not exist when the base standards were developed. Of particular note was the use of solar panels, satellite dishes, and windmills. In some ways, the debate was between those who seek easier routes to alternative energy technology and those whose sense of historic preservation bristles at the thought of visible structures that are modern items imposed on historic homes.
Another area of controversy focused on an attempt to strengthen the HPC hand with respect to replacement windows. A sentence the HPC wanted to have remain in the document was removed.
The new standards represent an agreement for now, but technology advances promise to carry the debate into the future. When will solar panels be available that don’t look like solar panels? Will they then be allowed? The discussion is not over.
Relationships Among City Boards
An additional item of some controversy during the months that this ordinance was reviewed, considered, and changed dealt with the proper role of the Historic Preservation Commission as compared to the Planning Board and Zoning Board, especially since the Zoning Board stands as the appeal body for homeowners who oppose an HPC decision.
Language regarding the relative power and relationships between the bodies held the ordinance up at various points in the process.
The city resolved disagreements over that language through the use of a special committee comprised of representation from Planning, Zoning, and the HPC, along with the designated solicitors from each body and representation from council. It was the work of that final committee that resulted in the ordinance that came up for adoption Dec. 19.
Adoption
This final tweaking concerning the issue of replacement windows resulted in an amendment to one paragraph that was accepted but then itself amended by having the sentence regarding windows removed. In another area, three words were removed on a 3-to-2 split vote of council, even after the city solicitor recommended they stay.
In the end, all were relieved that the ordinance, largely in the shape it was in when it came from the special committee, was adopted unanimously.
Maintaining the balance between strict enough historic preservation standards and providing some measure of flexibility for homeowners is not an easy task. Often, it must leave someone displeased.
Notwithstanding occasional controversies, this balancing act has protected Cape May’s status as one of the nation’s most unique locations. 
To contact Vince Conti, email vconti@cmcherald.com.