[Adopted 2-17-1987 as Ord. No. 87-14]
[Amended 9-15-1987 by Ord. No. 87-73]
There is hereby established a nine-member Historic Preservation Commission pursuant to N.J.S.A. 40:55D-107c, with two alternate members. The Commission shall be composed of members as follows:
Class A: two members, designated the Class A members, who are knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
Class B: two members, designated the Class B members, who are knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
Class C: five members, designated as Class C members, who shall be residents of the municipality who shall hold no other municipal office, position or employment, except for membership on the Stafford Township Planning Board or Stafford Township Board of Adjustment.
Alternate members: two members designated as alternate members, who shall meet the qualifications of Class C members. In the event that a choice must be made as to which alternate member is to vote, the member designated as Alternate No. 1 shall vote.
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. All members, both regular and alternate, shall serve without compensation.
The terms of the members first appointed under this article 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.
The terms of the members, both regular and alternate, shall first commence on the first day of January of their appointment and shall expire on the 31st day of December of the year that the term expires.
The resolution of appointment of all members of the Commission shall specify the date when the term commences and expires.
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
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 the 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.
The 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 Commission or a municipal employee of Stafford Township.
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.
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
A member, either regular or alternate, of the Historic Preservation Commission may, if he requests it, be removed by the governing body for cause.
The governing body shall make provision in its budget and appropriate funds for the expenses of the Commission.
The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
The Commission shall have the responsibility to:
Prepare a survey of historic sites of the Township.
Make recommendations to the Planning Board of the Historic Preservation Plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
Advise the Planning Board, and Board of Adjustment on applications for development pursuant to § 10-35 herein.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.
The Planning Board and Board of Adjustment shall make available to the Commission an informational copy of every application submitted to either Board for development on historic sites designated on the Zoning or Official Maps or in any component element of the Master Plan or in historic zoning districts. Failure to make the informational copy available to the Commission shall not invalidate any hearing or proceeding. This Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
When and if the Zoning Ordinance of Stafford Township designates and regulates historic sites or districts pursuant to N.J.S.A. 40:55D-65, applications for issuance of permits pertaining to historic sites of property in historic districts shall be referred to the Commission, which shall submit a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of an application for development by a municipal agency pursuant to N.J.S.A. 40:55D-1 et seq. The Historic Preservation Commission shall submit its report to the Planning Board, which shall then submit the report to the administrative officer.
The Historic Preservation Commission or the Planning Board, as the case may be, shall report to the administrative officer within 45 days of his referral of the application to the Commission. If within the forty-five-day period the Commission or the Planning Board, as the case may be, recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of the issuance of the permit and without the recommendation of conditions to the permit.
The administrative officer, as referred to by this article, is the Zoning Officer of the Township of Stafford.