[Adopted 3-25-1986 by Ord. No. 86-10-927]
There is hereby created in and for the Borough
of Cresskill an Historic Preservation Commission.
A.
The Historic Preservation Commission shall consist
of five regular members and may have not more than two alternate members.
There shall be one member each of Class A and B, and three members
of Class C. Class qualifications shall be as follows:
(1)
Class A: a person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the municipality.
(2)
Class B: a person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the municipality.
(3)
Class C: 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.
B.
Alternate members shall meet the qualifications of
Class C members.
A.
The Mayor shall appoint all members of the Commission
and shall designate at the time of appointment the regular members
by class and the alternate members, if any, as "Alternate No. 1" and
"Alternate No. 2."
B.
The terms of the members first appointed shall be
so determined that to the greatest practicable extent, the expiration
of the terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointment, and in the
case of alternate members, evenly over the first two years after their
appointment, provided that the initial term of no regular member shall
exceed four years, and that the initial term of no alternate member
shall exceed two years. Thereafter, the term of a regular member shall
be four years; and the term of an alternate member shall be two years.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled 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 Board of Adjustment
shall be for the term of membership on the Board of Adjustment.
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 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 Borough 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.
The Historic Preservation Commission shall have
the responsibility to:
A.
Prepare a survey of historic sites of the Borough,
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 § 6-42 of this article.
F.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Borough.
The Planning Board and 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 on 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 on the application, and to explain any written reports
which may have been submitted.
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 45 days of his referral of an
application to the Historic Preservation Commission. If, within the
forty-five-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 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.
