[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:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
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.
A.
The governing body shall make provision in its budget
and appropriate funds for the expenses of the Commission.
B.
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:
A.
Prepare a survey of historic sites of the Township.
B.
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.
C.
Advise the Planning Board, and Board of Adjustment on applications for development pursuant to § 10-35 herein.
D.
Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program.
F.
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.
A.
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[1] 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.
B.
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.
C.
The administrative officer, as referred to by this
article, is the Zoning Officer of the Township of Stafford.
