There is hereby created within the Township of Barnegat a Historical
Preservation Commission.
The Historic Preservation 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 Historic Preservation Commission or
a municipal employee.
The Commission shall create rules and procedures for the transaction
of its business subject to the following regulations:
A. A quorum for the transaction of business shall consist of three (3)
of the Commission's members, including the Chairman or, in his
absence, the Vice Chairman.
B. The Secretary 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 records.
C. All meetings shall comply with the Open Public Meetings Act (N.J.S.A.
10:4-7, et seq.).
D. 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.
E. No member of the Historic Preservation Commission shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
F. A member of the Historic Preservation Commission may (after public
hearing if he requests it) be removed by the governing body for cause.
The Commission members shall serve without compensation but
shall be reimbursed for expenses incurred in the performance of official
business.
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 Township Attorney at the rate of compensation determined
by the governing body. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the governing body for the Commission's use.
This Historic Preservation Commission shall have the responsibility
to:
A. Prepare a survey of historic sites of the Township, pursuant to criteria
identified in the survey report.
B. Make recommendations to the Planning Board on the historic preservation
plan element of the Master Plan and on the implications for preservation
of historic sites of any other Master Plan elements.
C. Advise the Planning Board on the inclusion of historic sites in the
recommended capital improvement program.
D. Advise the Planning Board and Board of Adjustment on applications for development, pursuant to §
11C-9 of this chapter.
E. Provide written reports, pursuant to §
11C-10 of this chapter, on the application of the Zoning Ordinance provisions concerning historic preservation.
F. Carry out such other advisory, educational and informational functions
as will promote historic preservation in the Township.
[Amended 2-6-95 by Ord. No. 1995-9; 8-5-96 by Ord. No. 1996-26]
A. The Planning Board and Zoning Board of Adjustment shall submit to
the Historic Preservation Commission a copy of every application submitted
to either Board for development in historic zoning districts or in
historic sites designated on the zoning or official map or in any
component element of the Master Plan. The Historic Preservation Commission
shall provide its advice which shall be conveyed through its delegation
of one of its members or staff to testify orally at the hearing of
the application, and to explain any written reports which may have
been submitted.
B. In the case of a referral by the Administrative Officer of a minor
application for the issuance of a permit pertaining to historic sites
or property in the Barnegat Historic District, the Chairperson of
the Historic Preservation Commission is authorized to act in the place
of the full commission for purposes of this section pursuant to N.J.S.A.
40:55D-111.
All applications for issuance of permits pertaining to historic
sites or property in historic districts shall be referred to the Historic
Preservation Commission for a written report on the application of
the Zoning Ordinance provisions concerning historic preservation to
any of those aspects of the proposed change, which aspects were not
determined by approval of an application for development by a municipal
agency pursuant to the Municipal Land Use Law. N.J.S.A. 40:55D-1 et
seq. The Historic Preservation Commission shall report to the Administrative
Officer within forty-five (45) days of his referral of an application
to the Historic Preservation Commission. If within the forty-five
(45) day period, the Historic Preservation Commission recommends to
the Administrative Officer against the issuance of a permit to be
issued, the Administrative Officer shall deny issuance of the permit
or include the conditions in the permit as the case may be. Failure
to report within the forty-five (45) day period shall be deemed to
constitute a report in favor of issuance of the permit and without
the recommendation of conditions to the permit.