[HISTORY: Adopted by the Bloomfield Council 3-27-2023 by Ord. No. 23-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 302, Historic Districts, which was comprised of Art. I, Historic Districts; Historic District Review Board, adopted 3-17-1980 (Ch. 157 of the 1987 Code); amended in its entirety 1-2-2007 by Ord. No. 06-56, as amended; and Art. II, Historic Preservation Commission, adopted 8-11-2014 by Ord. No. 14-32; amended in its entirety 11-2-2015 by Ord. No. 15-61, as amended.
The Historic District Review Board, established pursuant to ordinance adopted March 17, 1980, as amended by Ordinance No. 06-56, adopted January 2, 2007, and by Ordinance No. 09-5, adopted February 2, 2009, is dissolved. Anywhere in the Code where the term "Historic District Review Board" appears, the term "Historic Preservation Commission" is substituted.
All improvements to or development of all historic districts and historic sites designated pursuant to this chapter shall comply with the standards and procedures governing such improvements or development set forth in Chapter 315, Land Development and Zoning, and specifically § 315-38P.
There is hereby created the Township of Bloomfield Historic Preservation Commission (the "Commission").
The provisions of this chapter are intended to conserve, protect, enhance, and perpetuate historic sites and districts within Bloomfield. Its purposes are:
A. 
To safeguard the heritage of the Township of Bloomfield by preserving the integrity of those parts of the Township that reflect elements of its cultural, social, economic and architectural history.
B. 
To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures and places in Bloomfield.
C. 
To stabilize and improve property values.
D. 
To foster civic beauty and pride.
E. 
To manage change by discouraging alterations and new construction not in keeping with the character of designated historic districts or designated historic sites and other officially designated historic districts and historic sites.
F. 
To encourage the proper maintenance and preservation of historic structures so as to enhance the visual and aesthetic character of any designated historic district or designated historic sites and other officially designated historic districts and historic sites.
A. 
Creation. There is hereby created the Township of Bloomfield Historic Preservation Commission, whose members shall serve without compensation. The Commission shall be comprised of seven regular members and two alternates.
B. 
Regular members. At least one member shall be appointed from each of the following classes, including no more than a total of three Class A and Class B members:
(1) 
Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the Township; however, preference shall be given to residents.
(2) 
Class B: A person who is knowledgeable or with a demonstrated interest in local history, and who may reside outside the Township; however, preference shall be given to residents.
(3) 
Class C: Those regular members who are not designated as Class A or Class B shall be designated as Class C. Class C members shall be residents of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment.
C. 
Alternate members. Alternate members shall meet the qualifications of Class C members and shall be designated as Alternate No. 1 or Alternate No. 2 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 should 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.
A. 
Appointment and terms. 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."
(1) 
The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of the term shall be distributed, in the case of regular members, evenly over their 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.
(2) 
A vacancy occurring otherwise than by expiration of terms shall be filled for the unexpired term only. Notwithstanding any other provision herein, the terms of any member common to the Commission and the Planning Board or Board of Adjustment shall be for the term of membership on the respective Board.
(3) 
A member may, after public hearing if so requested by the member, be removed by the Mayor and Council for cause.
(4) 
The Mayor and Council may designate a member to serve as liaison between the Township Council and the Commission.
(5) 
No member of the Commission shall be permitted to act in any matter in which they have, either directly or indirectly, any personal or financial interest. No member of the Commission shall participate in the review of an application related to property located within 200 feet of property owned by that member nor property where the member resides. No member shall render services or advice to an applicant on a project that is the subject of an application before the Commission, before or after the Commission acts on the application.
(6) 
Commission members shall serve without compensation.
B. 
Officers and duties. The Commission shall annually elect a Chairperson and Vice Chairperson from its members and elect a Secretary who need not be a member of the Commission or municipal employee. The Secretary shall maintain the records of the Commission, including applications, exhibits, attendance, voting records, digital recordings of all meetings, and resolutions, and shall keep the minutes of all proceedings. The Secretary shall also keep a log of all decisions on applications by designated lot, block, and address, which log shall be maintained as an official record of the Township.
C. 
Meetings; rules. The Commission shall meet at least once per month and more often as necessary to satisfy its obligations and shall adopt rules and regulations of procedure to include the following:
(1) 
That a quorum to conduct a Commission meeting shall consist of at least four members and that no less than four votes are necessary to take any formal action. The attendance of alternate members shall serve the purpose of establishing a quorum.
(2) 
That all Commission meetings shall comply with N.J.S.A. 10:4-6, the Open Public Meetings Act.
(3) 
Such other rules and regulations as the Commission may adopt to further its purposes.
A. 
The Mayor and Council shall make a provision in the Township 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 as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Council, unless the Council, 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 the Council for the Commission's use.
The Commission shall have the following powers and duties:
A. 
Prepare, maintain and augment the "Survey Report," which shall be a survey of historic districts and sites in the Township pursuant to criteria set forth in Chapter 315, § 315-38P. The survey shall be utilized to identify each property, structure, site and district eligible for listing in the Historic Preservation Element of the Township Master Plan, and shall include, but not be limited to, each property, site and district listed or eligible for listing in the State or National Registers of Historic Places, the existing Bloomfield Green historic district and any other districts or sites identified in the Historic Preservation Element of the Master Plan as of the effective date of this chapter. All criteria used for inclusion in the survey of historic sites and districts shall be identified in the Survey Report.
B. 
Make recommendations to the Planning Board on updates to the Historic Preservation Plan Element of the Township Master Plan, including but not limited to the addition to or deletion of historic districts or sites identified in the Master Plan.
C. 
For any historic district or site identified in the Historic Preservation Element of the Master Plan, to propose to the Township Council that Chapter 315, Land Development and Zoning, be amended to regulate any such district or site pursuant to N.J.S.A. 40:55D-65.1.
D. 
To apply for, receive, retain or expend, upon resolution of the Township Council, any federal, state or private grant, grant-in-aid, gift or bequest in furtherance of this chapter and to obligate the expenditure of the funds which the Commission may have, or may be appropriated to it, regardless of whether such expenditure will be made in the current fiscal year. Any such monies given to the Commission shall be added to the Commission's existing budget and shall not be added to the Township's general fund unless the funds may be used for operating expenses, in which case the Township Council will determine whether to use such funds to offset appropriated funding.
E. 
To seek any benefits which may be granted under the National Historic Preservation Act,[1] as amended, or any other state or federal law, regulation or grant program, including, but not limited to, the benefits which flow to communities under the Certified Local Government Program with regard to training, grant funding and technical systems.
[1]
Editor's Note: See 54 U.S.C. § 300101 et seq.
F. 
To advise the Planning Board on the inclusion of historic districts or sites in the recommended municipal capital improvement program.
G. 
To provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of the zoning ordinance provisions concerning historic preservation.
H. 
To advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110 and Chapter 315, Land Development and Zoning, of the Township Code.
I. 
To hear and determine applications for a certificate of appropriateness pursuant to Chapter 315, Land Development and Zoning, § 315-38P.
J. 
To report annually to the Planning Board and to the Township Council as to the state of historic preservation within the Township, to include recommendations and measures for improvement or amendment and to recommend the placement of appropriate historical markers on designated structures and sites.
K. 
To collect and disseminate materials on the importance of historical preservation.
L. 
To advise any interested citizen, applicant, municipal, county or state agency regarding the goals and techniques for historic preservation as it relates to the preservation of the heritage of the Township.
M. 
To recommend adoption and promulgation of such regulations and procedures, not inconsistent with this chapter, as may be necessary and proper for the effective and efficient performance of the duties and purposes of the Commission.
N. 
To carry out such advisory, educational and informational functions as will promote historic preservation in the Township and consult with local historical societies on all matters pertaining to protection of the Township's historic resources.
O. 
To review historical survey information and, if necessary, to update said material to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.
P. 
To advise the Township Council on grants that may be available to the Township to support historical preservation efforts.
Q. 
To regulate the installation of permanent structures and temporary uses on the Bloomfield Green. The Commission shall establish criteria and procedures by which the Commission will carry out those responsibilities. All proposals to make permanent changes to or install any permanent structures on the Green shall be subject to the review and approval of a certificate of appropriateness by the Commission under the same criteria utilized to evaluate any other application for a certificate of appropriateness under this chapter. Any proposals to utilize the Green for temporary events for uses without the construction or installation of permanent structures shall submit an application to the Commission for a permit for that activity or use. In reviewing an application for such a permit, the Commission shall consider whether the activity or use can be conducted in a manner that protects the Green's historic content and character.