[HISTORY: Adopted by the Borough Council of the Borough of
Newtown 4-13-1999 by Ord. No. 583 (Ch. 21 of the 1982 Code). Amendments noted where applicable.]
A.
The Council ("Council") of the Borough of Newtown ("Borough") and
the Board of Supervisors ("Board") of Newtown Township ("Township")
believe that the preservation of historical sites, papers, documents
and relics pertaining to the greater Newtown area are of significant
value and deem it advisable to cooperate with one another in the creation
of a joint advisory board.
B.
The Council and Board hereby ratify and confirm the creation of a
Joint Historic Commission (the "Commission") pursuant to the applicable
sections of the Borough Code,[1] Second Class Township Code[2] and other applicable Pennsylvania law, which Joint Historic
Commission was originally created by virtue of a resolution adopted
by Council on August 14, 1984, and thereafter by the Board on August
20, 1984.
The purposes of the Commission include, but are not limited
to, the following:
A.
To advise the Council and the Board on matters of historical heritage
of the Newtown area. "Historic" or "matters of historical heritage"
shall mean those items, records, documents, etc., which relate to
or have the character of events, culture, persons, places, occurrences,
etc., of significance to the development of Newtown Borough or Newtown
Township.
B.
To assist in the discovery and collection of matters and articles
relating to the historical heritage of the Newtown area.
C.
To advise the Council and the Board on the manner and mode of the
preservation and display of same in the public interest.
D.
To perform these advisory functions as the duly constituted body
when requested by the township's Code Enforcement Officer or Borough's
Zoning Officer, as the case may be.
A.
The Commission shall consist of eight members, four of whom shall
be appointed by the Board and four of whom shall be appointed by Council.
Each member shall be a person interested in the functions and purposes
of the Commission.
B.
Upon enactment of this chapter, the Council and Board shall ratify
and confirm the terms of the existing Commission members from the
Borough and township, as applicable, as follows: one member for a
term of one year, one member for a term of two years, one member for
a term of three years, and one member for a term of four years to
establish a series of overlapping terms, with one term expiring for
the Council's and Board's appointees each year. Thereafter, upon expiration
of the term of a member from the Borough or township, Council or Board,
as the case may be, shall appoint a member to serve for no longer
than a four-year term so that the terms of the members shall be staggered
in such a manner so at least one expires annually from both the Council's
and Board's appointees.
C.
A member may succeed himself or herself. Should a vacancy in the
office of any member of the Commission occur before a term has expired,
an appointment shall be made by Council or Board, as the case may
be, according to law for the unexpired term.
A.
All members of the Commission shall be residents of the Borough or
the township and shall serve without compensation other than for such
expenses in connection with their duties on said Commission as the
Council and Board shall approve in advance. Only appointed members
of the Commission shall have the right to cast a vote during proceedings
of the Commission.
B.
The Council and/or Board, as the case may be, may require attendance
by Commission members at Council and/or Board meetings, as applicable.
C.
Any conflict of interest which arises with regard to an application
shall be noted by the Commission member experiencing the conflict,
and said member shall refrain from participating in the consideration
and vote of any such application.
A.
The Commission shall, on or before the first day of September of each year, submit a proposed budget for the following calendar year to Council and Board for approval. Expenditures made on behalf of the Commission during the year shall be itemized in accordance with the budget and presented as part of the annual report due each February 15 under § 89-9 hereof.
B.
Council and/or Board, after consultation with the other municipality,
may provide moneys within the annual budget for operational expenses.
C.
No consultant or similar professional may be retained by the Commission
without the express approval of both the Board and Council.
The Commission shall present its books annually on or before
February 15 to the auditors of the Borough and the township.
A.
The Commission shall elect from its members, at the annual meeting
in January of each year, a Chairperson, Secretary, Treasurer and such
other officers as said Commission may deem necessary, for one-year
terms, by a majority vote of the Commission members. The offices of
Secretary and Treasurer may be held by the same person.
B.
Written notice of the annual meeting shall be mailed to the Council
President and to the Chairperson of the Board and each Commission
member by the Secretary at least 10 days prior to said meeting. Regular
or special meeting(s) shall convene at the call of the Chairperson
or in such other manner as the members may, by a majority vote, designate.
C.
The Commission shall keep minutes of every meeting, and such minutes,
as approved, shall be submitted to the Council and Board. In the event
that Council and/or Board requests, a Commission member shall appear
at a Council or Board meeting, as applicable, and deliver a report
on the Commission's activities.
The Commission shall undertake and perform the following functions
and responsibilities in connection with advising the Council and Board
in identifying and preserving historical sites, buildings, papers,
documents and relics of historical significance to Newtown Township
and Newtown Borough:
A.
Conduct investigations on historical matters relating to the Borough
and township, and report the same for public information.
B.
Collect data and information on matters of historical heritage to
the Borough and the township and report same to Council and Board.
C.
At times the Commission may determine, maintain a survey of the historical
sites or buildings of significant value to the history of the Borough
and the township.
D.
Make recommendations for providing suitable plaques or markers to
distinguish historical sites and buildings of the Borough and the
township.
E.
Cooperate with any qualified historical society in the investigations
of historical matters relating to the Borough and the township.
F.
Recommend to the governing bodies a suitable depository and display
of historical papers, documents and relics.
G.
Cooperate with and encourage the activities of interested citizens
to the end that such activities will serve the historical interest
of Newtown Borough and Newtown Township.
H.
Demolition applications.
(1)
When requested by the Zoning Officer in the Borough or Codes Enforcement
Officer in the township, the Commission shall assess the historical
significance of any structure proposed to be demolished and render
a preliminary report regarding same within 21 days of the date the
demolition application is made. The preliminary report shall include
whether the subject property, building or structure is on or eligible
for registration on the National Register of Historic Places and may
include whether the subject property, building or structure is on
the most recent update of Newtown Borough's or Newtown Township's
Historic Resources Survey, as applicable.
(2)
If the property, building or structure is on or eligible for registration
on the National Register of Historic Places, the Commission shall
assess the subject property, building and/or structure to determine
the existence of any historically significant features and shall render
a final report on ways the property and/or features may be preserved
within 70 days of the date the demolition application is made.
The Joint Historic Commission, by its Chair or by other members,
shall make such reports, in addition to the annual report due each
February 15, to Council and Board as a majority of the Commission
members shall deem advisable.
