[Added 3-28-1990 by Ord. No. 2-90]
A.
Establishment. The Township of Morris Historic Preservation
Commission (hereinafter the "Commission") is hereby established as
authorized by, and pursuant to, N.J.S.A. 40:55D-107 et seq.
B.
Membership requirements.
[Amended 3-18-2020 by Ord. No. 04-20]
(1)
The membership of the Commission shall consist of
a maximum of nine members who shall be appointed by the Mayor as follows:
[Amended 7-21-2021 by Ord. No. 20-21]
(a)
Class A: up to two members, but at least one
member, being an individual who is knowledgeable in building design
and construction or architectural history and who may reside outside
the Township of Morris.
(b)
Class B: up to two members, but at least one
member, being an individual who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the Township
of Morris.
(c)
Class C: up to seven members, but at least five
members, who shall be citizens of the Township of Morris and who shall
hold no other municipal office, position or employment except for
membership on the Planning Board or Board of Adjustment.
(2)
Terms of appointment. The members of the Commission
shall be appointed for a term of four years, except as follows:
(a)
The initial appointments of the members of the
Commission shall be for the following terms:
(b)
Notwithstanding any other provision herein,
the term of any member common to the Commission and the Planning Board
shall be for the term of membership on the Planning Board, and the
term of any member common to the Commission and the Board of Adjustment
shall be for the term of the membership on the Board of Adjustment.
(3)
Vacancies. A vacancy occurring otherwise than by the
expiration of a term shall be filled for the unexpired term only.
C.
Officers. 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.
D.
Conflict of interest. No member of the Commission
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
E.
Removal for cause. A member of the Commission may,
after public hearing if he requests it, be removed by the governing
body for cause.
F.
Expenses, compensation and expenditures.
(1)
The Township Committee shall make provision in its
budget and appropriate funds for the expenses of the Commission.
(2)
The Commission may employ, contract for and fix the
compensation of experts and other staff and services as it shall deem
necessary. General administrative assistance shall be provided by
the staff of the Township Engineer and Planner. The Commission shall
obtain its legal counsel from the Municipal Attorney at the rate of
compensation determined by the Township Committee. Expenditures pursuant
to this subsection shall not exceed, exclusive of gifts or grants,
the amount appropriated by the Township Committee for the Commission's
use.
G.
HISTORIC SITE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
[Added 7-21-2021 by Ord. No. 20-21[1]]
Means and refers to any real property, man-made structure,
natural object or configuration or any portion or group of the foregoing
of historical, archeological, cultural, scenic or architectural significance
as determined by the Township Committee, upon recommendations from
the Commission, pursuant to criteria set forth by the U.S. Department
of the Interior, 36 CFR 60.4.
[1]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection G as Subsection H.
H.
[2]Duties and responsibilities. The Commission shall have
the responsibility to:
[Amended 7-21-2021 by Ord. No. 20-21]
(1)
Prepare a survey of historic sites of the municipality
pursuant to the National Register criteria identified by the U.S.
Department of the Interior, 36 CFR 60.4, and update said survey periodically
as more information becomes available.
(2)
Make recommendations to the Planning Board on the
historic preservation plan element of the Master Plan and on implications
for preservation of historic sites of any other Master Plan elements.
(3)
Advise the Planning Board and Board of Adjustment on applications for development pursuant to Subsection K of this section.
(4)
Provide written reports pursuant to N.J.S.A. 40:55D-111 for any demolition permit applications and any building permit applications pertaining to historic sites concerning façade renovations which were not previously determined by approval of an application for development by the Planning Board or Board of Adjustment. The Commission’s reports shall be submitted as set forth in Subsections I and J, respectively, of this section.
(5)
Carry out such other advisory, educational and information
functions as will promote historic preservation in the Township.
I.
Application
for demolition permits. Any request for demolition of an historic
site which was not previously determined by approval of an application
for development by a Township agency pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et. seq., shall require a forty-five-day
waiting period to allow the Commission to assess the impact on the
historic character of the Township and evaluate the possibilities
for preservation, rehabilitation, restoration and reconstruction in
accordance with U.S. Department of the Interior guidelines and the
Secretary of the Interior’s Standards for the Treatment of Historic
Properties, codified in 36 CFR 67, as may be amended, except that
the forty-five-day waiting period shall not apply for any application
for a permit to demolish a building or structure deemed unfit for
occupancy by the Construction Official or which is in immediate danger
of collapse.
[Added 7-21-2021 by Ord. No. 20-21]
J.
Building permit application. Upon submittal of a building
permit application for façade renovations for an historic site,
which aspects were not previously determined by approval of an application
for development by a Township agency pursuant to the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et. seq., the construction office shall
require review and a written report of the application from the Commission.
The Commission shall provide its report and recommendation, in accordance
with U.S. Department of the Interior guidelines and the Secretary
of the Interior’s Standards for the Treatment of Historic Properties,
to the Township Engineer, within 20 days of submittal of the building
permit application, or the requirement herein shall be deemed waived.
[Added 7-21-2021 by Ord. No. 20-21]
K.
Review of applications for development before the Planning Board and Board of Adjustment. The Planning Board and Board of Adjustment shall refer to the Commission every application for development submitted to either land use board for development regarding any property listed in Appendix 1 as incorporated herein by Subsection L. This referral shall be made when the application for development is deemed complete. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Commission may provide its advice, which shall be conveyed through one if its members or staff by testifying orally at the hearing on the application for development and by explaining any written report which may have been submitted. Any such written report shall be submitted by the Commission to the applicable land use board no later than 10 days prior to the first hearing on the application for development.
[Amended 7-21-2021 by Ord. No. 20-21]
L.
A list of historic sites recommended by the Commission and approved
by the Township Committee is set forth in Appendix 1 attached hereto
and incorporated in full as part of this chapter.[3]
[Added 7-21-2021 by Ord. No. 20-21]
[3]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
