[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 97-9 (Sec. 2A-12 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 400.
It is the purpose and intent of the Township of Lower to:
A.
Promote, protect, enhance, perpetuate and preserve historic
landmarks for the educational, cultural, economic and general welfare of the
public through the preservation, protection and regulation of buildings, sites,
monuments, structures and areas of historic interest or importance within
the Township of Lower;
B.
Safeguard the heritage of the Township by preserving
and regulating historic landmarks which reflect elements of its cultural,
social, economic, political and architectural history;
C.
Preserve and enhance the environmental quality of neighborhoods,
to strengthen the Township's economic base by the stimulation of the tourist
industry, and to establish and improve property values;
D.
Foster economic development;
E.
Manage growth;
F.
Foster civic pride in the beauty and accomplishments
of the Township's past; and
G.
Preserve and protect the cultural, historical and architectural
assets of the Township for which the Township has been determined to be of
national, state and local historical and architectural significance.
As used in this chapter, the following terms shall have the meanings
indicated:
The Historic Preservation Commission for the Township of Lower.
Any real property, man-made structure, natural object or configuration
or any portion or group of the foregoing that has been formally designated
by Township Council ordinance as being of historical, archaeological, cultural,
scenic, or architectural significance in accordance with the designation criteria
set forth below.
The Township of Lower, in the County of Cape May, State of New Jersey.
A.
Designation criteria. The criteria for designating historic
sites as established by the Commission are as follows:
(1)
The site reflects or exemplifies the broad cultural,
political, economic, social, or architectural history of the nation, state,
or community; or
(2)
The site is identified with historic personages or events
in the main current of national, state, or local history; or
(3)
The site shows evidence of precolonial habitation, activity,
or culture; or
(4)
The site has a distinguishing characteristic or architectural
style valuable as representative of a period, style, or method of construction;
or
(5)
The site is representative of the work of a builder,
designer, artist, or architect whose individual style significantly influenced
the architectural history of the municipality; or
(6)
The site is imbued with traditional or legendary lore;
or
(7)
The site (if a structure) shall normally be at least
100 years old to be designated unless there are special circumstances in a
given case.
B.
Designation procedure. Designation shall be formalized
by ordinance of the Township Council based upon the recommendations of the
HPC.
A.
Creation. Pursuant to Chapter 516, Laws of 1985, amending
the Municipal Land Use Law, N.J.S.A. 40:55D-1 (et seq.),[1] there is hereby established an Historic Preservation Commission
(HPC) to advance the purposes of historic preservation. The Township Council
shall appoint the HPC membership consisting of seven regular members and two
alternates. The Township Council shall designate Alternate No. 1 and Alternate
No. 2.
[1]
Editor's Note: See N.J.S.A. 40:55D-107 et seq.
B.
Membership. The HPC membership includes the following
categories of appointment:
(1)
Regular members. At least one member from each of the
following classes:
(a)
Class A: A person who is knowledgeable in building design
and construction or architectural history.
(b)
Class B: A person who is knowledgeable or who has interest
in local history.
(c)
Class C: A person who is a citizen of the Township and
holds no other municipal office, position or employment except for membership
on the Township's Planning Board or the Zoning Board of Adjustment. Class
C members shall constitute a majority by at least one.
(2)
Alternate members. Two alternate members who must qualify
as Class C members. Alternate members may participate in all HPC 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. If a choice must be made as to which alternate member
is to vote, Alternate No. 1 votes.
C.
Terms. For members first appointed under this section
to the HPC, the expiration of their terms should be distributed as widely
as possible so that, in the interest of HPC continuity, simultaneous reappointments
are remote. The expiration dates of regular members should be distributed
evenly over the first four years after their appointments, and alternate members,
evenly over the first two years after their appointments. The initial terms
of regular members shall not exceed four years, and the initial terms of alternate
members shall not exceed two years. Thereafter, the terms of the regular members
shall be four years, and the terms of the alternate members shall be two years.
Vacancies occurring other than by expiration of terms shall be filled for
the unexpired term only. The term of any member common to the HPC and the
Township's Planning Board or the Zoning Board of Adjustment shall be for the
term of membership on those boards.
D.
Officers. The HPC shall elect a Chairman and Vice Chairman
from its membership and select a recording secretary who may or may not be
a member of the HPC or a municipal employee.
E.
Miscellaneous provisions.
(1)
Funds. Township Council shall make provision in its budget
and designate funds for the expenses of the HPC.
(2)
Fees. Township Council shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional services
to aid the HPC in its review of an application. These fees are in addition
to any other fees required under any portion of this or any other applicable
Township ordinance.
(4)
Conflict of interest. A member of the HPC may not act
on any matter in which the member has any personal or financial interest,
either directly or indirectly.
(5)
Expert assistance. The HPC may employ, contract for,
and fix the compensation for experts and other staff and services as it deems
necessary and for which Township Council has provided funding. The HPC shall
obtain its legal counsel from the Municipal Solicitor at the rate of compensation
set by Township Council. Expenditures shall not exceed, exclusive of gifts
or grants, the amount appropriated by Township Council for the HPC's use.
(6)
Rules. The HPC shall adopt such procedural rules for
the conduct of its business as it deems necessary and advisable.
(7)
Records. The HPC shall keep minutes of its meetings and
proceedings, including voting records, findings, determinations and recommendations,
and shall at all times comply with the Open Public Meetings Act, N.J.S.A.
10:4-6 et seq. Copies shall be made available to municipal bodies, agencies
and officials for their use. When the Township's Planning Board or Zoning
Board of Adjustment refers an application to the HPC, then the referring board
shall receive a copy.
F.
Duties. The HPC shall have the responsibility to:
(1)
Prepare a survey of historic sites of the Township.
(2)
Make recommendations to the Township's Planning Board
as to the creation or amendment of an historic preservation plan element of
the Master Plan and on the implications for preservation of historic sites
of any other Master Plan elements.
(3)
Advise the Township's Planning Board on the inclusion
of historic sites in the recommended capital improvement program.
(4)
Advise the Township's Planning Board and Zoning Board
of Adjustment on applications for development involving historic structures
or sites. Such boards shall make available to the HPC informational copies
of applications submitted to them for development in historic sites. Failure
to provide this copy shall not invalidate any hearing or proceeding. The HPC
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. If the HPC
fails to deliver a timely report, that shall constitute their approval of
the application.
(6)
Carry out other advisory, educational and informational
functions to promote historic preservation in the community.
