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Township of Montville, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (24) Index Notes (1)
[Adopted by Ord. No. 1308 as Ch. 2.72 of the 1998 Code; amended in its entirety 7-10-2012 by Ord. No. 2012-18]
There is hereby established an Historic Preservation Review Commission ("Commission") which shall be an advisory commission established to advise the Township Committee, the Planning Board, and other Township agencies concerning the protection, enhancement and preservation of districts, sites, buildings and structures of historic, cultural or architectural value or interest within the Township of Montville. The definitions contained in Chapter 230 pertaining to historic preservation are hereby incorporated by reference in this section.
A. 
Members.
(1) 
The Commission shall consist of nine members and two alternate members who shall serve without compensation. The Commission shall include at least one member of the following classes with at least four members being of Class A and/or B:
(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 or with a demonstrated interest in local history and who may reside outside the municipality; and
(c) 
Class C: a person who is a resident of Montville Township and holds no other municipal office, position, or employment, except for membership on the Planning Board or Board of Adjustment.
(2) 
Alternate members shall meet the qualifications of Class C members. 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." 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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
B. 
The term of office for Commission members shall be four years. The term of alternate members shall be two years. The terms of members shall be determined so that the expiration of the terms are distributed so that the terms of at least two regular members and one alternate member expire each year. A vacancy occurring other 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 Review Commission and the Planning Board or common to the Historic Preservation Review Commission and the Board of Adjustment shall be for the term of membership on the Planning Board or the Board of Adjustment respectively.
C. 
The Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Commission or a municipal employee.
D. 
The Commission shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record. All meetings shall comply with the Open Public Meetings Act.[1] No Commission member shall vote or participate in any meeting concerning any matter in which he has a direct or indirect personal interest, monetary or otherwise.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
E. 
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.
F. 
A member of the Commission may, after public hearing if he or she requests it, be removed by the governing body for cause.
The Commission shall:
A. 
Advise the Planning Board on an ongoing basis concerning the landmark, landmark site and historic district designation lists and the Official Map included in the Master Plan pursuant to N.J.S.A. 40:55D-28b(10) and advise on any additional proposed listings on the Official Map.
B. 
The Planning Board and Board of Adjustment shall refer to the Historic Preservation Review Commission every application for development, alteration, construction, restoration or demolition submitted to either board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or identified in the Historic Preservation Plan Element of the Master Plan as a locally designated historic site or district. Either board may opt to refer other applications when deemed appropriate. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission shall provide its advice, which shall be conveyed in writing. The Commission, through the delegation of one of its members or staff to testify, may present its written report at the hearing on the application. If the Commission wishes to issue a report it shall be submitted within 30 days of referral.
C. 
Evaluate properties included in the community-wide inventory against the criteria for the National Register of Historic Places and prepare nominations for the consideration of the State Historical Preservation Officer. All inventory material shall be:
(1) 
Compatible with the New Jersey "Guidelines for Architectural Survey" as published July 1999 and as may be amended or revised by the State Historic Preservation office.
(2) 
Accessible to the public, except that access to archaeological site locations shall be restricted.
(3) 
Updated periodically.
D. 
Review proposed National Register nominations for properties and offer input where appropriate.
E. 
Recommend to the Planning Board amendments, from time to time, as circumstances warrant, to the landmark designation list and landmark map.
F. 
Report at least annually to the Planning Board and the Township Committee on the state of historic preservation in the Township and recommend measures to improve the same.
G. 
Collect and disseminate material on the importance of historic preservation and techniques for achieving the same, including presentations to the public educating the residents of Montville Township about the historic resources in the Township and providing them with opportunities to engage with these resources.
H. 
Advise all municipal agencies regarding goals and techniques of historic preservation.
I. 
Adopt and promulgate such procedures not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties herein assigned.
A. 
The Commission, in addition to conducting reviews at its regularly scheduled meetings, will conduct emergency review meetings when necessary.
B. 
These emergency meetings shall be held when any action requiring considerations, such as safety of the landmark, is necessary.
C. 
These emergency meetings may be held upon two days' notice in the normal meeting notification format and notice to all directly concerned by the subject of the meeting.
A. 
The Township Committee may annually appropriate funds within budget limitations for the operation of the Commission. The Commission shall endeavor to avail itself of financial assistance from federal, state or private sources.
B. 
Subject to the prior approval of the Township Committee, the Commission may employ, contract for and fix the compensation of experts and other staff and services as it deems necessary. The Commission shall obtain its legal counsel from the Municipal Attorney at the rate of compensation set by the Township Committee. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use.