[Editor's Note: Prior history of Article X regarding the Historic Preservation Commission includes Ord. No. 34-2013, 22-2015, 45-2017]
[Amended 11-4-2020 by Ord. No. 48-2020]
Pursuant to N.J.S.A. 40:55D-65(i) and 107 et seq., the Historic
Preservation Commission (hereafter the "Commission") of the City of
Orange Township (hereafter the "City") is hereby established to advise
the Planning Board and Zoning Board of Adjustment on applications
as provided for herein, and to make written reports to the Administrative
Officer on applications for Certificates of Appropriateness.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Zoning Officer in the case of a subdivision application,
and Construction Official in the case of an application for demolition,
relocation or removal.
Includes the words "rebuilt," "reconstructed," "restored,"
"removed" and "demolished" and the phrase "any alteration to exterior
physical appearance or exterior architectural feature visible from
a public way."
A combination of materials forming a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A permit evidencing approval by the Historic Preservation
Commission of an application for such Certificate to demolish an historic
structure and/or to subdivide a property whereon an historic structure
is located, or to deviate from the Design Guidelines made part of
the Zoning Ordinance by § 210.98 in the alteration, rehabilitation,
construction or reconstruction of any property in an approved Historic
District or which has been designated as historically significant
by City Council or by the Planning Board in the Master Plan historic
preservation element.
Includes the words "built," "erected," "installed," "enlarged"
and "moved."
Destruction of the front facade with a primary entrance or
any facade facing the public street of an historic property, structure,
site or district; destruction of more than 50% of the original historic
designated property, site, structure or district; or destruction of
one or more of an historic property's structure's, site's or district's
architectural elements that define or is key to its historic significance
or character.
Such portion of the exterior of a building or structure as
is open to view from a public street, public way, public park or public
body of water, including but not limited to the architectural style
and general arrangement and setting thereof, the kind, color and texture
of exterior building materials, the color of paint or other materials
applied to exterior surfaces and the type and style of windows, doors,
lights, signs and other appurtenant exterior fixtures.
Any real property, manmade structure, natural object or configuration
or any portion or group of the foregoing of historical, archeological,
cultural, scenic or architectural significance.
The same as historic site, historic property or historic
district, and connotes a historically significant property and includes
the properties lying within an historic district regardless of whether
individually the property is significant.
The transport of a building to a new location, by means adequate
to assure structural and architectural integrity, for continuation
of the designed use of the building, or an adaptive reuse pursuant
to the regulations of the United State Department of the Interior.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Historic Preservation Commission shall consist of seven
regular members and two alternate members. Members shall be appointed
by the Mayor with the advice and consent of the City Council. Members
at the time of the passing of this article shall serve without compensation
and shall be interested in or qualified to contribute to the preservation
of historic resources. At the time of appointment, members shall be
designated by the following classes:
A person who is knowledgeable in building design and construction
or architectural history.
A person who is knowledgeable, or with a demonstrated interest
in, local history.
Citizens of the municipality who shall hold no other municipal
office, position or employment except for membership on the Planning
Board or Board of Adjustment. Alternate members shall meet the qualifications
of Class C members. At the time of appointment, alternate members
shall be designated as "Alternate No. 1" and "Alternate No. 2." Of
the seven regular members, at least two members shall be of Classes
A and B. All members shall reside in the City.
[Amended 11-4-2020 by Ord. No. 48-2020]
The terms of the regular members appointed shall be four years;
the term of an alternate member shall be two years. Should a vacancy
occur otherwise than by expiration of term; said term shall be filled
within 60 days for the unexpired term only. Notwithstanding any other
provision herein, the term of any member common to the Historic Preservation
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 Historic
Preservation Commission and the Zoning Board of Adjustment shall be
for the term of membership on the Zoning Board of Adjustment. The
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.
[Amended 11-4-2020 by Ord. No. 48-2020]
Should a vacancy occur otherwise than by expiration of term;
said vacancy shall be filled within 60 days as above for the unexpired
term only.
[Amended 11-4-2020 by Ord. No. 48-2020]
No member of any Historic Preservation Commission shall be permitted
to act on any matter in which said member has, either directly or
indirectly, any personal or financial interest.
A member of the Historic Preservation Commission may, after
a public hearing, if requested, be removed by the Orange City Council
for cause.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Historic Preservation Commission shall elect a Chairperson
and Vice-Chairperson from its members and select a Secretary who need
not be a member of the Commission and may be a City employee.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Orange City Council shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
The Historic Preservation Commission may employ, contract for and
fix the compensation of experts and other staff and services as it
shall deem necessary. The Commission shall obtain its legal counsel
from the City Attorney at the rate of compensation determined by the
Orange City Council unless the Orange City Council by appropriation
provides for separate legal counsel for the Commission. Expenditures
pursuant to this section shall not exceed, exclusive of gifts or grants,
the amount appropriated by the Orange City Council for the Commission's
use.
The Commission shall appoint a consultant who is a recognized
professional in the field of architectural history, historic preservation
or similar discipline to advise the Commission on applications before
it. If the consultant has rendered an oral or written opinion, the
Commission must consider the opinion of the consultant in rendering
its decision and must give a statement of reasons in the event that
the consultant's recommendations are not followed.
The Mayor or his designee, and the Director of the Department
of Planning and Development shall provide such technical, administrative
and clerical assistance as the Historic Preservation Commission shall
require. For budgeting and purchasing purposes, however, the Commission
shall be allocated its own budget.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Historic Preservation Commission shall adopt written rules
for the transaction of its business and for the consideration of applications
for Certificates of Appropriateness and for designations of historic
districts and sites. Such rules shall not be inconsistent with the
provisions of this section of the City Zoning Ordinance and shall
include but not be limited to rules pertaining to all notices and
hearings required herein.
In order to make available to the public information useful
to the preservation and protection of historic resources and to provide
the basis for consistent policy, the Commission shall maintain complete
files and records including, but not limited to, data used in the
classification of buildings, places and structures, minutes of Commission
meetings, applications for Certificates of Appropriateness along with
collateral data, decisions and appeals associated therewith, and information,
materials and references submitted to the public related to historic
preservation.
Such materials shall be the property of the City but held in
the custody of the Commission which shall keep a complete file of
all records in the offices of the Department of Planning and Development,
the City libraries or other suitable facilities or depositories and
lend materials from time to time for public display.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Historic Preservation Commission shall establish a regular
schedule of meetings on at least a quarterly basis. Additional meetings
may be called by the Chairperson or Vice Chairperson when the regular
meetings are inadequate to meet the needs of its business, to handle
emergencies, or to meet time constraints imposed by law.
Five members shall constitute a quorum. Ex-officio members are
not entitled to vote. A majority vote of those present and voting
shall prevail and shall be sufficient to grant or deny a Certificate
of Appropriateness. Not less than a majority of the appointed membership
shall be required to designate or de-designate a historic site or
district.
A record of the proceedings shall be kept and made available,
but a formal verbatim record shall not be required.
[Amended 11-4-2020 by Ord. No. 48-2020]
Persons considering action that may require a Certificate of
Appropriateness, even if they are in doubt as to whether such is required,
are encouraged to request an informal "informational meeting" with
the Historic Preservation Commission. Requests for such informational
meetings can be made to the administrative officer. The Commission
shall hold such informational meetings within 45 days of receipt of
such request. The purpose of an informational meeting is to inform
the persons of the standards of appropriateness and the procedures
for obtaining a Certificate of Appropriateness, if such is required.
The Commission may grant a Certificate of Appropriateness at
an informational meeting, if the preliminary data and drawings are
sufficiently explicit, for projects which it deems to be very minor,
involving exterior repairs or alterations to existing buildings, signs,
walls or fences.
[Amended 11-4-2020 by Ord. No. 48-2020]
When a structure or improvement requires immediate repair to
preserve the continued habitability of the structure and/or the health
and safety of its occupants or others, emergency repairs may be performed
in accordance with City codes, without first obtaining a Certificate
of Appropriateness. Under such circumstances, the repairs performed
shall be only such as are necessary to protect the health and safety
of the occupants of the structure or others and/or to maintain the
habitability of the structure. A request for the Commission's review
shall be made simultaneously with the onset of emergency work. Such
emergency work shall be permitted only if the Construction Official
certifies to the administrative officer the immediate necessity for
such permit issuance. Upon notice by the administrative officer to
the full Historic Preservation Commission by telephone, personal contact
or other appropriate means of communication, at least three members
of the Commission shall convene as soon as possible and such convening
members shall proceed to review the Certificate of Appropriateness
application as provided in this chapter. Subsequent to such review,
a Certificate of Appropriateness may be issued upon a majority vote
of the members convened.
[Amended 11-4-2020 by Ord. No. 48-2020]
The Historic Preservation Commission shall have the following
duties, powers and responsibilities:
A.
To identify, record and maintain a system for survey and inventory
of all buildings, sites, places, landmarks and structures of historical
or architectural significance based on the United States Secretary
of the Interior's Standards and Guidelines for Archaeology and Historic
Preservation (Standards and Guidelines for Identification); and to
aid the public in understanding their worth, methods of preservation,
techniques of gathering documentation and related matters.
B.
To advise the Planning Board on the relationship of the historic
preservation plan element of the Master Plan to other Master Plan
elements.
C.
To advise the Planning Board on the inclusion of historic sites and
landmarks in the recommended capital improvement program.
D.
To advise the City Council and Planning Board on the relative merits
of proposals involving public funds to restore, preserve and protect
historic buildings, places and structures, including the preparation
of long-range plans therefore, securing state, federal and other grants
and aid to assist therein and monitoring such projects once underway.
F.
To draft and recommend to City Council and the Planning Board ordinances
or amendments to existing ordinances that would resolve any conflicts
which may exist between the design standards of the historic preservation
ordinance and the building or zoning regulations of the City.
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 § 210-96.
I.
To purchase estates, easements, rights, restrictions and less than
fee acquisitions, with the approval of City Council, and to acquire
grants, assistance or aid either outright or in exchange in order
to further the intent and purposes of this article and the welfare
of the City. The Commission may negotiate and recommend such arrangements
subject, however, to approval of the City Council as necessary for
any monetary expenditures, and, at the direction of City Council.
Corporation Counsel shall assist the Commission in such arrangements.
J.
To advise and assist City officers, employees, boards and other bodies,
including those at county, state and federal levels, on all matters
which have potential impact on the historic buildings, places and
structures in the City or on the physical character and ambiance of
a historic district.
K.
To assemble and arrange for the proper care, cataloging and availability
of materials relevant to the City's history.
L.
To secure the voluntary assistance of the public, and within the
limits of the budget, to retain consultants and experts to assist
the Commission in its work or to provide testimony in support of the
Commission's position before other bodies, boards, commissions or
courts.
M.
To cooperate with local, county, state or national historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this article.
N.
To recommend to applicable county, state and federal agencies, where
appropriate, recognition and protection of historic districts and
historic sites and to review National and State Register nominations.
O.
To request the City Council to seek, on its own motion or otherwise,
injunctive relief of violations of this article or other actions contrary
to the intent and purposes of this article.
P.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the municipality.
