[Ord. #455; 1973 Code § 20-1]
The Board of Health of the Borough shall consist of five (5)
members, who shall be residents and legal voters within the Borough.
[Ord. #455; 1973 Code § 20-2]
The members of the Board shall be nominated by the Mayor and
appointed by him with the advice and consent of the Council.
[Ord. #455; 1973 Code § 20-3]
The terms of office of members of the Board shall be four (4)
years, and such terms shall commence on January 1 of each year subsequent
to the vacancy of any position on the Board by the expiration of a
member's term of office.
[Ord. #455; 1973 Code § 20-4]
If any vacancy occurs in the membership of the Board, such vacancy shall be filled for the unexpired term only by nomination and appointment in the manner provided in Subsection
2-17.2.
[Ord. #725; 1973 Code § 22-1]
There is hereby established an Historic Sites Committee for
the protection, enhancement and preservation of districts, sites,
buildings and structures of historic, cultural or architectural value
or interest within the Borough.
[Ord. #725; 1973 Code § 22-2]
As used in this section:
ALTERATION
Shall mean any act defined as an alteration by the Uniform
Construction Code of the State of New Jersey.
COMMITTEE
Shall mean the Historic Sites Committee.
EXTERIOR ARCHITECTURAL FEATURE
Shall mean the architectural style, design, general arrangement
and components of all of the outer surfaces of an improvement, as
distinguished from the interior surfaces enclosed by the exterior
surfaces, including, but not limited to, the kind and texture of the
building material, the type and style of all windows, doors, lights,
signs and other features appurtenant to such improvements.
HISTORIC DISTRICT
Shall mean any area which:
a.
Contains improvements which:
1.
Have a special character or special historic or aesthetic interest
or value.
2.
Represent one (1) or more periods of styles in architecture
typical of one (1) or more eras in the history of the Borough, State
or Nation.
3.
Cause such area by reason of such features to constitute a distinct
section of the Borough.
b.
Has been designated as an historic district pursuant to the
provisions of this section.
HISTORIC LANDMARK
Shall mean any improvement, any part of which has a special
character or special historic or aesthetic interest or value as part
of the development, heritage or cultural characteristics of the Borough,
State or Nation and which has been designated as an historical landmark
pursuant to the provisions of this section.
HISTORIC LANDMARK SITE
Shall mean any parcel or part thereof on which a landmark
is situated and has been designated an historic landmark site pursuant
to the provisions of this section.
IMPROVEMENT
Shall mean any building, structure, place, work of art or
other object constituting a physical betterment of the real property
on which same is situate, or any part of such betterment.
ORDINARY MAINTENANCE AND REPAIRS
Shall mean replacement of any part of an improvement for
which a permit issued by the Construction Official is not required
by law, where the purpose and effect of such work or replacement is
to correct any deteriorations, decay or damage to such improvements
or any part thereof and to restore same, as nearly as may be practicable,
to its condition prior to the occurrence of such deterioration, decay
or damage.
OWNER
Shall mean any person or persons having such right to, title
to or interest in any improvement so as to be legally entitled, upon
obtaining the required permits and approvals from the Borough agencies
having jurisdiction over building construction, to perform with respect
to such property any alteration, construction, restoration or demolition.
[Ord. #725; 1973 Code § 22-3; New]
a. The Committee shall consist of seven (7) members who shall serve
without compensation and who shall be appointed by the Mayor with
the advice and consent of the Council. All Committee members shall
be residents of the Borough. The Committee shall elect from its membership
a Chairman to serve as presiding officer of the Committee.
b. The terms of office of Committee members shall be for three (3) years
each, to expire on December 31 of the last year of such succeeding
member's term and upon the appointment and qualification of such member's
successor.
c. The Mayor and Council may remove any member of the Committee for
cause or written charges served upon such member and after a hearing
thereon, at which hearing the member shall be entitled to be heard
in person or by counsel. A vacancy on such Committee occurring otherwise
than by expiration of term shall be filled for the unexpired term
in the same manner as an original appointment.
d. The Committee shall keep minutes and records of all meetings and
proceedings, including voting records, attendance, resolutions, findings,
determinations and decisions. A copy of all such material shall be
delivered promptly to the Borough Clerk. All such material shall be
public record. All meetings shall be open to the public, and notice
of meetings shall be posted in the Town Hall forty-eight (48) hours
in advance; provided, however, that emergency meetings may be held
without prior notice. No Committee member shall vote or participate
in any meeting concerning any matter in which he has a direct or indirect
personal interest, monetary or otherwise.
[Ord. #725; 1973 Code § 22-4; New]
a. General. To ensure the goal of fostering civic pride in the beautiful
and noble accomplishments of the significant past, the Committee shall
safeguard the Borough's historic, aesthetic and cultural heritage
through the establishment of reasonable rules and regulations for
the alteration, construction, restoration or demolition of historic
landmark sites, historic districts or improvements therein. The Committee
shall endeavor to obtain the cooperation of owners and Federal, State
and local governmental authorities, for the preservation of such historic
landmark sites, historic districts or improvements therein and may
recommend to appropriate governmental authorities, when it is deemed
necessary in the public interest, the institution of actions or proceedings
to preserve same and to correct or abate all violations of laws relating
thereto.
b. Scope of the Committee's Powers. Nothing contained in this section
shall be construed as authorizing the Committee in acting with respect
to any historic landmark site, historic district or improvements therein,
or in adopting regulations in relation thereto:
1. To regulate or limit the height and bulk of buildings.
2. To regulate or supervise the ordinary maintenance and repair of the
exterior of a building or those changes which control the interior
arrangement of the building without affecting the design, material
or outward appearance of same.
3. To regulate the area of yards, courts or other open spaces, the density
of population or the location of trades, industries or buildings designed
for specific uses.
4. To prevent the issuance of a permit by the Construction Official
for the alteration, construction, restoration, demolition or other
work of a temporary or permanent nature, with regard to any building
or part of a building if such work is required to be commenced immediately
in the interest of public safety in the discretion of the Construction
Official.
5. To act with respect to any building permit issued by the Construction
Official for any building or site prior to the designation of same
as a historic landmark or historic landmark site, or the inclusion
of same in an historic district.
c. Designation of Historic Landmarks, Historic Landmark Sites and Historic
Districts.
1. Based on its own surveys and upon the recommendation of concerned
citizens, the Committee shall identify historic landmarks, historic
landmark sites and historic districts within the Borough which are
worthy of preservation because of their historical, cultural, social
or architectural significance in that they possess integrity of location,
design, setting, materials workmanship and:
(a)
Are associated with events that have made a significant contribution
to the history of the Borough, State or Nation;
(b)
Are associated with the lives of persons significant in our
past;
(c)
Embody the distinctive characteristics of a type, period or
method of construction, represent the work of a master, or possess
high artistic values; or
(d)
Have yielded, or may be likely to yield, information important
in prehistory or history.
2. The Committee shall thereafter notify each owner by certified mail
that his property has been tentatively designated an historic landmark,
advise him of the significance and consequence of same and of his
right to challenge such designation. The Committee shall as soon thereafter
as practicable hold a public hearing at which all interested persons
shall be entitled to present their opinions, suggestions and objections.
It shall, however, invite each owner to voluntarily consent to final
designation without the need for public hearing or other procedure.
3. After full consideration of the evidence brought forth at the public
hearing held on any such tentative designation, the Committee shall
make its final decision and shall issue its final report to the public
stating reasons in support of its actions with respect to each historical
landmark, historical landmark site and historic district designation.
4. Such final report shall be submitted to the Borough Clerk. The Mayor
and Council shall then approve or disapprove of the designations,
informing the Committee of any and all objections.
5. Following approval by the Mayor and Council, certificates of designation
shall be served upon the owner of the site so designated, and a true
copy thereof shall be filed with the Tax Collector and the Tax Assessor
who shall maintain a record of all historic designations in the tax
rolls. The Municipal Assessment Search Officer shall indicate the
historic designations upon all searches issued by him regarding designated
properties. Notice of the designation shall also be made to the office
of the Construction Official.
d. Preservation of Landmarks; Controls.
1. Upon receipt of an application for a permit to perform any alteration,
construction, restoration or demolition upon any property located
within an historic district or designated an historic landmark or
historic landmark site, the Construction Official shall refer the
application to the Committee for its review.
2. Within thirty (30) days after receiving a copy of the application,
the Committee shall determine:
(a)
Whether the proposed work would change, destroy or adversely
affect any exterior architectural feature of the historic landmark,
historic landmark site or historic district.
(b)
In the case of a proposed construction of a new improvement,
or additional improvement upon a landmark site, whether such construction
would affect adversely the external appearance of existing landmark
improvements on the site in question or on neighboring sites.
3. The Committee shall consider in addition to any pertinent matters
the factors of aesthetic, historical and architectural values and
significance, architectural style, design, arrangement, texture and
material. Within the thirty (30) day period, the Committee shall invite
the applicant to discuss the proposed alteration and may convene a
public hearing on the subject. If the Committee determines either
of the foregoing questions in the negative, it shall forward a certificate
of appropriateness to the Construction Official, which certificate
shall be sufficient authority for the issuance of the permit applied
for originally. If after thirty (30) days the Committee has made no
report to the Construction Official, a permit shall be issued pending
approval of the application by the Construction Official.
4. Should the Committee conclude that the proposed alteration would
have a significant effect detrimental to the importance of the historic
landmark, historic landmark site or historic district in question,
an official notice of postponement shall be submitted to the Construction
Official which shall operate to bar the issuance of the permit for
a period not to exceed six (6) months. Reasons for postponing for
a specified time within a six (6) month limit shall be forwarded with
the official notice.
5. During the postponement period, the Committee shall explore all possible
means of preserving, to the greatest extent possible, the historic
landmark, historic landmark site or historic district in question,
including, but not limited to: negotiations with the owner toward
voluntary compromise as to the manner of alteration or renovation;
convening public hearings designed to elicit public opinion concerning
the merits and alternate means of preservation of the landmark in
question; instigation of condemnation action by the Borough or State
government; and exploration and solicitation of any tax or other fiscal
benefits having the potential to relieve the owner of any unreasonable
financial burdens resulting from his inability to do the work proposed.
6. Upon resolution of the factors underlying the notice of postponement,
a notice to proceed shall issue from the Committee to the Construction
Official specifying the terms of the resolution or compromise reached
between the Committee and the owner.
7. Upon receipt of the notice to proceed, the Construction Official
shall issue an appropriate permit sufficient to authorize the alteration
or construction as described in such notice.
8. If, at the expiration of the period of postponement, no resolution
or compromise agreement is reached and no action has been taken by
the Borough or State toward condemnation of the property in question,
a permit authorizing the alteration or construction work as originally
applied for shall be issued by the Construction Official without the
need for further Committee action.
e. Decertification by Committee. In the event that the owner of any
property located within a designated historic district or designated
an historic landmark or historic landmark site abandons such property
or fails to maintain it, the Committee in its discretion may decertify
its designation. Following such action, a notice of decertification
shall be served upon the owner of the site so affected or shall be
posted at the site in the event of abandonment. A true copy thereof
shall be also filed in the office of the Construction Official and
with the County Clerk for recordation.
[Ord. #725; 1973 Code § 22-5]
The Mayor and Council shall annually appropriate funds, within
budget limitations, for the operation of the Committee. The Committee
shall endeavor to avail itself of financial assistance from Federal,
State or private sources.
[Ord. #10-96, § 1]
There is hereby created a Recreation Advisory Council in the
Borough of Midland Park. The Recreation Advisory Council shall have
as its purpose the providing of leisure activities, in many different
forms, for Borough residents of all ages. Such activities may include,
but are not limited to, athletics and related physical activity programs,
social functions and cultural events.
[Ord. #10-96, § 2; amended 2-14-2019 by Ord. No. 01-19; 2-23-2023 by Ord. No. 08-2023]
The Recreation Advisory Council shall consist of seven (7) members
and one (1) alternate member, all of whom shall be required to be
residents and duly registered voters in the Borough of Midland Park.
Appointments to the Council shall be made by the Mayor with the advice
and consent of the Borough Council. The term of the members shall
be three (3) years and alternates shall be one (1) year. In the event
a vacancy occurs on the Council, the term shall be filled for the
unexpired term in the same manner as the original appointment.
[Added 9-24-2020 by Ord.
No. 11-20]
The purpose and intent of this section is to make available
to the Borough Council and staff additional expertise relative to
the monitoring, assessing and strengthening of existing economic development
strategies and to develop new strategies of economic development for
the Borough by establishing an Economic Development Committee consisting
of representatives from various professional disciplines. The Economic
Development Committee herein created shall not supplant administrative
input to the Borough Council by staff, but shall complement staff
input through the utilization and application of the special expertise
possessed by its members.
The removal of a member of the Economic Development Committee
shall be made by the Mayor and Council after receiving a recommendation
of removal from the Economic Development Committee.
The Committee shall hold quarterly meetings each year unless
canceled by the Chairperson as a result of having no business or for
other good cause.