[Added 10-4-2000 by Ord. No. 00-046]
There is hereby created a Historic Preservation Advisory Commission,
referred to in this chapter as the "Commission." The purpose of the
Commission shall be to carry out the responsibilities set forth in
N.J.S.A. 40:55D-109 through 40:55D-111; in addition, the creation
of the Commission is intended to further the following general purposes:
A.
Encourage the continued use of historic resources and facilitate
their appropriate reuse.
B.
Safeguard the heritage of the Township by preserving resources which
reflect elements of its cultural, social, economic and architectural
history.
C.
Maintain and develop an appropriate and harmonious setting for the
historic and architecturally significant buildings, structures, sites,
objects or districts within the Township.
D.
Stabilize and improve property values and discourage the unnecessary
demolition of historic resources.
E.
Foster and enhance civic beauty and neighborhood pride.
F.
Promote appreciation of the historic districts which may be established
in the Township for the education, pleasure and general welfare of
the citizens of the Township and its visitors.
G.
Encourage private reinvestment in existing or new structures in a
manner that preserves, restores, repairs or is compatible with the
original architectural style which is characteristic of any historic
districts which may be established in the Township.
A.
The Commission shall consist of nine regular voting members and two
alternate members. The members shall be divided into three classes
as follows:
(1)
Class A: a person who is a Hamilton resident and is knowledgeable
in building design and construction or architectural history.
(2)
Class B: a person who is a Hamilton resident and is knowledgeable
or with a demonstrated interest in local history.
(3)
Class C: a person who is a Hamilton resident and shall hold
no other municipal office, position or employment, other than there
shall be one Class C member who is also a member of the Township Planning
Board.
B.
Four of the regular members shall be drawn from Classes A and B;
at least one of those four shall be a Class A member, and at least
one of those four shall be a Class B member. Five of the regular members
shall meet the qualifications of Class C members and the two alternate
members shall be Class C members.
A.
The Mayor, with the advice and consent of the Township Council, shall
appoint all regular and alternate 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." The terms of the regular members first appointed under this chapter
shall be as follows: One-year terms for a Class A member and a Class
C member; two-year terms for a Class B member and two Class C members;
three-year terms for a Class C member and a member of either Class
A or Class B; and four-year terms for a Class C member and a member
of either Class A or Class B. The terms of the alternate members first
appointed under this chapter shall be one year for Alternate No. 1
and two years for Alternate No. 2. Thereafter, the term of a regular
member shall be four years, and the term of an alternate member shall
be two years. Notwithstanding any other provision herein, the term
of any member common to the Commission and the Township Planning Board
shall be for the member's term of membership on the Planning Board,
and the term of any member common to the Commission and the Township
Zoning Board of Adjustment shall be for the member's term of membership
on the Zoning Board of Adjustment.
B.
Alternate members may participate in discussion 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
be made as to which alternate member is to vote, Alternate No. 1 shall
vote.
C.
The Secretary of the Commission shall immediately notify the Mayor
of any membership vacancies, along with recommendations made by the
Commission to fill such vacancies. A vacancy occurring otherwise than
by expiration of term shall be filled for the unexpired term only.
Any vacancies occurring on the Commission shall be filled with qualified
members within 60 days.
A.
No member may act on any matter in which the member has, either directly
or indirectly, any personal or financial interest.
B.
A member may be removed by the Township Council for just cause. Prior
to such removal, the Township Council shall conduct a hearing, if
so requested in writing by the member, within 10 days after receipt
by the member of written notice of intention to remove.
A.
The Commission shall elect a Chairperson and a Vice Chairperson from
its members and select a Secretary, who may or may not be a member
of the Commission or a municipal employee.
B.
The Township Council shall provide for the Commission in its budget
and shall appropriate funds for the expenses of the Commission.
C.
The Commission members shall serve without compensation but shall
be reimbursed for expenses incurred in connection with official business
and may obtain the equipment, supplies and other material necessary
to its effective operation, within the limits of grants, gifts or
funds appropriated, if any, by the Township Council.
D.
The Commission may employ, contract for and fix the compensation
of experts and other staff and services as it shall deem necessary,
except that the Commission shall obtain its legal counsel from the
Township Attorney. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts, donations or grant, the amount appropriated
by the Township Council for the Commission's use.
A.
The Commission shall create and adopt internal rules and procedures
for the transaction of its business, which shall be known as the "Hamilton
Township Historic Preservation Advisory Commission Administrative
Procedures." Said rules shall not be inconsistent with the provisions
of this chapter.
B.
The Commission shall make its decisions and recommendations in an
open public meeting in compliance with the Open Public Meetings Act
in accordance with N.J.S.A. 10:4-7 et seq. Applicants shall be notified
of the meetings, attendance requirements and advised of decisions.
All written minutes of meetings and proceedings shall be kept, including
voting records, attendance, findings and recommendations. All such
material shall become public record.
C.
A quorum for the transaction of all business shall be five members.
The Commission shall have the following powers and duties.
A.
Carry out the responsibilities set forth in N.J.S.A. 40:55D-109 through
40:55D-111.
B.
Recommend to the Planning Board and the Township Council sites to
be designated as historic landmarks in accordance with any procedures
which may be set forth in this chapter.
C.
Recommend amendments from time to time, as circumstances warrant,
to the historic landmark designation list and landmark map, including
changes or extension of the boundaries of any historic district and
creation of new historic districts, in accordance with any applicable
provisions of this chapter.
D.
Research and reevaluate properties listed in the cultural resources
survey against the criteria for the National Register of Historic
Places and prepare nominations for the consideration of the State
Historical Preservation Officer. Such properties shall be reviewed
in consideration of, but not limited to, the criteria for historic
designation as established by the Office of New Jersey Heritage and
the National Park Service.
E.
If the Township is certified under the state's Certified Local Government
(CLG) Program, the Commission shall, in accordance with the state
CLG guidelines, review and comment on all state and national register
nominations for the historic landmarks within the Township.
F.
Advise the Planning Board and Zoning Board of Adjustment on development
that affects historic landmarks, in accordance with any procedures
set forth in this chapter.
G.
Review actions, including those involving construction and/or zoning
permit applications, which affect the exterior appearance of historic
landmarks or architectural features within the historic district,
in accordance with any procedures set forth in this chapter.
H.
Assist and advise other municipal agencies and public bodies in the
understanding of historic landmark significance and techniques of
historic preservation.
I.
Collect and disseminate material on the importance of historic preservation
and techniques for achieving same.
J.
Report at least annually to the Planning Board and the Township Council
on the state of historic preservation in the Township and recommend
measures to improve same.
