[Added 8-17-1992 by Ord. No. 1127-92]
A protest against any proposed amendment or
revision of this chapter may be filed with the Township Clerk, signed
by the owners of 20% or more of the area either of the lots or land
included in such proposed change or of the lots or land extending
200 feet in all directions therefrom, inclusive of street space, whether
within or without the township. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of 2/3 of all members of the Township Committee.
[Added 11-20-1989 by Ord. No. 1014-89; amended 7-7-1997 by Ord. No. 1261-97; 4-6-2015 by Ord. No. 1785-2015]
A. Establishment. There is hereby established within the Township of
Hamilton an "Historic Preservation Commission," whose members shall
serve without compensation.
B. Responsibilities. The Historic Preservation Commission shall have
the following duties and responsibilities:
(1) To identify, record and maintain a survey of all buildings, structures,
sites, objects, improvements and districts of historical significance
within the Township.
(2) To recommend to the Township Committee the designation of buildings,
structures, sites, objects or improvements as historic landmarks,
and to recommend the designation of historic districts.
(3) To monitor and recommend to the Township Committee any buildings,
structures, sites, objects, improvements or districts for inclusion
in the New Jersey or National Register of Historic Places.
(4) To make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic landmarks and historic districts of any other Master Plan
elements. The Commission may provide information to the Planning Board
indicating the location and significance of historic landmarks and
historic districts, and identify the standards used to assess worthiness
for historic landmark or historic district designation.
(5) To advise the Planning Board and Zoning Board of Adjustment on applications
for development pursuant to N.J.S.A. 40:55D-110.
(6) To provide written reports pursuant to N.J.S.A. 40:55D-111 on the
application of the Zoning Ordinance provisions concerning historic
preservation to proposed construction.
(7) To review and render determinations regarding applications for certificates of appropriateness when so authorized by the Planning Board as set forth in §
203-211A(3).
(8) To advise the Planning Board on the inclusion of historic landmarks
and historic districts in the recommended capital improvement program.
(9) To monitor and recommend to the Township Committee the submission
of any grants related to historic preservation.
(10)
To carry out such other advisory, educational and informational
functions as will promote historic preservation in the Township.
C. Membership.
(1) Appointment. The Commission shall consist of seven regular members
and no more than two alternate members, who shall be appointed by
the Township Committee. Of the regular members a total of at least
one less than a majority shall be of Classes A and B. At the time
of appointment, members shall be designated by the following classes:
(a)
Class A: a person who is knowledgeable in building design and
construction or architectural history and who may reside outside the
municipality; and
(b)
Class B: a person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the municipality;
and
(c)
Class C: citizens of the municipality who shall hold no other
municipal office, position or employment except for membership on
the Planning Board or Zoning Board of Adjustment. Class C members
should have at a minimum a demonstrated interest in history, historic
preservation or a related field. Alternate members shall meet the
qualifications of Class C members. At the time of appointment, alternate
members shall be designated as "Alternate No. 1" and "Alternate No.
2."
(2) Terms. The terms of the members first appointed under this ordinance
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 a regular
member shall not exceed four years and that the initial term of an
alternate member shall not exceed two years. Thereafter, the term
of a regular member shall be four years; the term of an alternate
member shall be two years. Notwithstanding any other provision herein,
the term of any member common to the Historic Preservation Commission
and the Planning Board shall be for the term of membership on the
Planning Board; and the term of any member common to the Historic
Preservation Commission and the Zoning Board of Adjustment shall be
for the term of membership on the Zoning Board of Adjustment. The
full membership of the Historic Preservation Commission shall be appointed
within 60 days from the effective date of this section. A vacancy
occurring for reasons other than the expiration of a term shall be
filled for the remainder of the unexpired term within 60 days of occurrence.
(3) Role of alternates. The alternate members may participate in all
Commission discussions during 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.
(4) Officers. Annually, the Commission shall elect a Chairman and Vice
Chairman from its members and select a recording secretary who may
or may not be a member of the Commission or a municipal employee.
D. Budget. The governing body shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The Commission may employ, contract for and fix the compensation of
experts and other staff as it shall deem necessary. The Commission
shall obtain its legal counsel from the municipal attorney at the
rate of compensation determined by the governing body, unless the
governing body by appropriation provides for separate legal counsel
for the Commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by Township Committee for the Commission's use.
E. Finances. The Township Committee shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the Commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable Township ordinance.
F. Rules of Commission.
(1) The Commission shall adopt written rules for the transaction of its
business and for the consideration of applications for certificates
of appropriateness and for the designation of historic landmarks and
historic districts. Such rules shall not be inconsistent with the
provisions of this section and shall include, but not be limited to,
rules pertaining to all notices and hearings required herein.
(2) In order to make available to the public information useful to the
preservation and protection of historic landmarks and historic districts
and to provide the basis for consistency of policy, the Commission
Secretary shall maintain complete files and records. The commission's
files shall include, but are not limited to, data used in the classification
of building, structures, sites, objects, improvements and districts,
minutes of Commission meetings, applications for certificates of appropriateness
along with collateral data, decisions and appeals associated therewith
and information, materials and references submitted to the public
related to historic preservation. A record of Commission proceedings
shall be kept and made available upon request and pursuant to Open
Public Records Act, but a formal verbatim record shall not be required.
(3) The Commission Secretary shall keep minutes and records of all meetings
and proceedings including voting records, attendance, resolutions,
reports, findings, determinations, decisions and applications, which
shall be public documents. All meetings shall be noticed and conducted
in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et
seq. Copies of all minutes shall be maintained in the Municipal Building
and shall be delivered to the Township Clerk.
(4) Copies of records shall be made available to municipal bodies, agencies,
and officials for their use. When the Planning Board or the Zoning
Board of Adjustment refers an application to the Historic Preservation
Commission, then the referring Board shall receive a copy of the Commission's
Report.
(5) The Zoning Office shall maintain and display an up-to-date map showing
the boundaries of all areas designated as historic districts, as well
as the locations of all historic landmarks.
(6) No member of the Commission shall be permitted to act on any matter
in which he or she has, either directly or indirectly, any personal
or financial interest. Unless a member resides or owns property within
200 feet of property which is the subject of an application, mere
ownership or residence in a designated historic district and/or ownership
of a designated historic landmark or a nondesignated property shall
not be deemed a personal or financial interest.
(7) Unless authorized to issue certificates of appropriateness pursuant to §
203-211A(3), any decision of the Historic Commission will be reviewed by the Planning Board and either adopted or modified.
G. Removal. A member of the Commission may, after a public hearing if
he requests it, be removed by the governing body for cause.
H. Meetings; quorum.
(1) The Historic Preservation Commission shall establish and post in
the Municipal Building a regular schedule of meetings, which shall
include a minimum of one meeting per month. Regular meetings shall
be held as scheduled unless canceled for lack of a quorum, lack of
applications to process of for other good reason(s), which shall be
noted in the minutes. Additional special meetings may be called by
the Chairman or Vice Chairman, or on the request of any two of its
members, when the regular meetings are inadequate to meet the needs
of its business, to handle emergencies or to meet time constraints
imposed by law.
(2) The Historic Preservation Commission shall hold hearings to review
all applications for certificates of appropriateness, referrals of
development applications and other business which comes before the
Commission.
(3) The presence of four members, which may include alternate members
filling the vacancies of regular members, shall constitute a quorum.
A majority vote of those present and voting shall prevail, and shall
be sufficient to grant or deny a certificate of appropriateness. Not
less than a majority of the appointed membership shall be required
to recommend the designation or change of an historic landmark or
historic district designation or to render a decision on applications
for demolition.
I. Designation of historic landmarks and historic districts.
(1) Survey. The Commission shall maintain a comprehensive survey of the
Township of Hamilton to identify historic landmarks and historic districts
that are worthy of protection and preservation.
(2) Criteria for designation. The criteria for evaluating and designating
historic landmarks and historic districts shall be guided by the National
Register criteria. The Commission or any person may recommend designation
of historic landmarks or historic districts that are in accordance
with the National Register criteria or that possesses one or more
of the following attributes:
(a)
Character, interest, or value as part of the development, heritage
or cultural characteristics of the Township, state or nation; or
(b)
Association with events that have made a significant contribution
to the broad patterns of our history; or
(c)
Association with the lives of person significant in our past;
or
(d)
Embodiment of the distinctive characteristics of a type, period
or method of construction, architecture, or engineering; or
(e)
Identification with the work of a builder, designer, artist,
architect or landscape architect whose work has influenced the development
of the Township, state, or nation; or
(f)
Embodiment of elements of design, detail, material or craftsmanship
that render an improvement architecturally significant or structurally
innovative; or
(g)
Unique location or singular physical characteristics that make
a district or landmark an established or familiar visual feature;
or
(h)
Ability or potential ability to yield information important
in prehistory or history.
(3) Procedures for designation.
(a)
Persons wishing to make a nomination shall contact the Commission
Secretary regarding consideration of a proposed historic landmark
or historic district. The Commission may also initiate the designation
of an historic landmark or historic district. The Commission will
schedule a hearing to review the proposed historic landmark or historic
district.
(b)
A nomination to propose an historic landmark shall include the
following information which addresses the criteria for designation
as set forth herein:
[1]
A photograph, preferably black and white, of the proposed landmark;
and
[2]
A copy of the municipal Tax Map showing the property on which
the proposed landmark is located; and
[3]
A physical description of the proposed landmark; and
[4]
A statement of significance, referencing applicable National
Register criteria.
(c)
A nomination to propose an historic district shall include the
following information which addresses the criteria for designation
as set forth herein:
[1]
A building-by-building inventory of all properties within the
district; and
[2]
A photograph, preferably black and white, of all properties
within the district; and
[3]
A copy of the municipal Tax Map of the district showing boundaries;
and
[4]
A physical description of the proposed district; and
[5]
A statement of significance, referencing applicable National
Register criteria.
(d)
Following receipt of a nomination to propose an historic landmark
or historic district, the Commission shall schedule a public hearing
on the proposed designation.
(e)
At least 10 days prior to the public hearing, the Commission
shall, by personal service or certified mail perform the following:
[1]
Notify the owner(s) of record of a property that has been proposed
for historic landmark designation, or the owner(s) of record all properties
located within a district that has been proposed for historic district
designation, that the property or district, as applicable, is being
considered for such designation and the reasons therefor;
[2]
Advise the owner(s) of record of the significance and consequences
of such designation, and of the rights of the owner(s) of record to
contest such designation under the provisions of this section;
[3]
Notify the owner(s) of record of the date, time and location
of the hearing concerning the proposed designation of the property
or district; and
[4]
Serve any further notices as may be required under the provisions
of the Municipal Land Use Law.
(f)
At least 10 days prior to the public hearing, the Commission
shall also cause public notice of the hearing to be published in the
official newspaper of the Township.
(g)
At least 10 days prior to the public hearing, a copy of the
nomination report shall also be made available for public inspection
in the Municipal Offices of the Township.
(h)
At the public hearing scheduled in accordance with this section,
the Commission shall review the nomination report and accompanying
documents. Interested persons shall be given the opportunity to be
heard and to comment on the proposed nomination for designation.
(i)
Designation of an historic district shall not proceed over the
written objection of 51% of the property owners (as certified by the
Township Clerk), in accordance with the procedural guidelines set
forth by the National Register of Historic Places.
(j)
If the proposed nomination is approved by the Commission, then
the Commission shall forward a report concerning the proposed historic
landmark or historic district to the Planning Board, which shall contain
a statement of the Commission's recommendations and the reasons therefor.
Township Committee action on designating an historic landmark or an
historic district shall then be otherwise subject to those procedures
and statutes which apply to a change of a zoning designation and the
adoption, revision or amendment of any development regulation.
(k)
All other requirements of the Municipal Land Use Law and the
New Jersey Pinelands Comprehensive Management Plan, if applicable,
regarding adoption of development regulations shall be followed.
(l)
Upon adoption of an ordinance by the Township Committee designating
an historic landmark or an historic district, said designation shall
supplement, rather than supersede, the existing zoning district in
which the affected historic landmark or historic district is located.
At that time, the designation list and map shall be incorporated into
the Master Plan and Zoning Ordinance of the Township as required by
the Municipal Land Use Law. Designated properties shall also be noted
as such on the records for those properties as maintained by the Planning
and Zoning offices, as well as the offices of the Construction Official,
the Township Tax Assessor and the Township Clerk.
(m)
Amendments to historic landmark or historic district designations
may be made in the same manner as they were adopted in accordance
with the provisions of this section.