[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Sec. 11-3 of the 1981 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 85.
Land development — See Ch. 125.
A. 
The Mayor and Borough Council find and declare that:
(1) 
The spirit and direction of the borough, state and nation are reflected in its historic past;
(2) 
The historical and cultural foundations of the borough should be preserved as a living part of our community life and development in order to give a sense of orientation to its people;
(3) 
In the face of ever-increasing urban development, the present governmental and nongovernmental historic preservation programs and activities are inadequate to ensure future generations of genuine opportunity to appreciate and enjoy the rich heritage of this borough; and
(4) 
Although private agencies and individuals continue to play a vital role, it is nevertheless necessary and appropriate for the borough to begin a comprehensive preservation program.
B. 
To ensure the goal of fostering civic pride in the beautiful and noble accomplishments of the past, the Mayor and Council may:
(1) 
Designate local landmarks;
(2) 
Effect and accomplish the protection, enhancement and perpetuation of such improvements and districts which represent or reflect elements of the borough's cultural, social, economic, political and architectural history;
(3) 
Safeguard the borough's historic, aesthetic and cultural heritage, as embodied in such improvements and districts; and
(4) 
Promote the use of historic districts and landmarks for the education, pleasure and welfare of the citizens of this borough and its visitors.
To accomplish the purposes of this chapter, the Borough Council may by resolution designate particular sites as being a Site of Local Historical Significance and shall recommend to appropriate state agencies that the site be included in its Register of Historic Sites for the State of New Jersey.
The adoption of such a resolution shall constitute a moratorium of the issuance of a building permit by any otherwise authorized officer of the municipality to continue for a period of 12 months from the date of adoption of the resolution, and in addition, the Planning Board and the Board of Zoning Adjustment of this municipality are enjoined from acting on any application before it affecting said site for a period of 12 months after the adoption of a resolution designating a specific local historic site; provided, however, that the period shall be reduced in the event any state agency having jurisdiction of historic site designation denies such a designation within the twelve-month period.
[Added 8-25-1987 by Ord. No. 1373-87]
A. 
Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40: 55D-1 et seq.) and pursuant to the declarations of public policy set forth in § 120-1 of this chapter, the governing body of the Borough of Fair Lawn does hereby provide for an Historic Preservation Commission.
B. 
The Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:
(1) 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
(2) 
Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
C. 
The Historic Preservation Commission shall consist of nine regular members and may have not more than two alternate members. Of the regular members, a total of at least one less than a majority shall be of Classes A and B.
[Amended 2-14-2006 by Ord. No. 2041-2006]
(1) 
Those regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.
(2) 
Alternate members shall meet the qualifications of Class C members. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."
(3) 
The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years; and the term of an alternate member shall be two years.
(4) 
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(5) 
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the terms of membership on the Planning Board; and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
D. 
The Historic Preservation Commission shall elect a Chairperson and Vice Chairperson from its members and select a Secretary who may or may not be a member of the Historic Preservation Commission or a municipal employee.
E. 
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
F. 
No member of any Historic Preservation Commission shall be permitted to act on any matter in which he/she has, either directly or indirectly, any personal or financial interest.
G. 
A member of the Historic Preservation Commission may, after public hearing if he/she requests it, be removed by the governing body for cause.
[Added 8-25-1987 by Ord. No. 1373-87]
The Historic Preservation Commission shall have the responsibility to:
A. 
Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report;
B. 
Make recommendations to the Planning Board on the Historic Preservation Plan Element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements;
C. 
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;
D. 
Advise the Planning Board and Board of Adjustment on applications for development pursuant to Section 22 of P.L. 1985, c. 516 (N.J.S.A. 40:55D-110);
E. 
Provide written reports to the Planning Board pursuant to N.J.S.A. 40:55D-111 on the application of the Zoning Ordinance provisions concerning historic preservation, and the Planning Board shall, in turn, report to the administrative officer regarding permit applications, it being the Borough's intent that the Commission's role remain advisory; and
[Amended 6-19-2018 by Ord. No. 2470-2018]
F. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.
[Added 8-25-1987 by Ord. No. 1373-87]
All ordinances or parts of ordinances, other than the Zoning and Land Use Ordinance of the Borough of Fair Lawn, which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency.