A. 
The Legislature of the State of New Jersey has, in N.J.S.A. 40:55D-1 et seq., as amended, delegated the responsibility to local units of government to adopt regulations designed to promote the protection of certain architecturally, historically and archaeologically significant structures, sites or districts for the general welfare of its citizenry.
B. 
Purpose and objectives. The Township of West Milford recognizes that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to insure that new development is compatible and relevant with these areas, places and structures. This article will achieve these purposes and objectives and will promote the preservation of the environment, promote a desirable visual environment through creative development techniques and good civic design and arrangements, prevent the degradation of the environment through improper use of land, and promote the most appropriate use of land in the Township.
There is hereby created in and for the Township of West Milford a Commission to be known as the "Historic Preservation Commission of the Township of West Milford."
A. 
Composition of the Historic Preservation Commission. The Historic Preservation Commission shall be comprised of seven members, with two alternates.
(1) 
Of the seven regular Commission members:
(a) 
Three shall be Class "A" or Class "B" members, said classes being defined as:
[1] 
Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the Township; and
[2] 
Class B: A person who is knowledgeable in, or has a demonstrated interest in, local history and who may reside outside the Township.
(b) 
Four shall be Class "C" members, said class being defined as citizens of the Township who shall hold no other Township office, position or employment except for membership on the Planning Board or Board of Adjustment.
(c) 
To the extent available from within the Township of West Milford, the Mayor shall appoint, with regard to Class "A" or Class "B" members, trained individuals from the disciplines of architecture, history, architectural history, prehistoric archaeology, and historic archaeology who meet the requirements as set forth in the 1980 amendments of the National Historic Preservation Act. Should such individuals not be available from within the Township, the Mayor shall have the authority to appoint such individuals who reside outside of the Township. In the event that the Mayor is unable to appoint an individual with the appropriate credentials for the Class "A" or Class "B" members of the Commission, then the State Office of New Jersey Heritage may grant an exemption upon a filing of a petition by the Mayor. Should such an exemption be granted, then the Mayor may fill those positions with individuals who meet the requirements for Class "C" membership.
(2) 
Of the two alternate Commission members, both shall be Class "C" members, as Class "C" is defined above. The two alternate Commission members shall be respectively designated "Alternate No. 1" and "Alternate No. 2."
B. 
Appointment of Historic Preservation Commission members.
(1) 
Regular members shall be appointed by the Mayor and shall serve for four-year terms, except that Township Planning Board or Board of Adjustment members shall serve during their incumbency in office.
(2) 
The terms of the members first appointed under this article shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be distributed, in the case of the 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. Vacancies shall be filled, within 60 days, in the same manner in which the previous incumbent was appointed and such incumbent's unexpired term.
C. 
Election of Chairman and Vice Chairman. The Historic Preservation Commission shall elect from its membership a Chairman and a Vice Chairman.
D. 
Establishment of rules and regulations. The Historic Preservation Commission shall create rules and procedures for the transaction of its business, subject to the following regulations:
(1) 
A quorum for the transaction of business shall consist of four of the Historic Preservation Commission's members, including the Chairman, or in his absence, the Vice Chairman, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
(2) 
The Historic Preservation Commission shall appoint a Secretary, who need not be a member of the Historic Preservation Commission. 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 record.
(3) 
The Historic Preservation Commission shall prepare and adopt rules of procedure which will be made available to the public, and which include a specific section prohibiting conflicts of interest.
E. 
Compensation of Commission members. The members of the Historic Preservation Commission shall serve without compensation.
F. 
Retention of professional assistance. Within the limits of funds that have been appropriated for the performance of its work, grants and gifts, the Historic Preservation Commission shall obtain the services of qualified professional individuals to direct, advise and assist the Historic Preservation Commission and may obtain the equipment, supplies and other materials necessary to its effective operation. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council. Further, the Commission is responsible for ensuring that when a discipline is not represented on the Commission, and the Commission considers an action which is normally evaluated by a professional in a specific discipline, the Commission shall obtain professional expertise before rendering a decision.
G. 
Powers and duties. The Historic Preservation Commission shall have the following powers and duties:
(1) 
Within 12 months of its organization, the Historic Preservation Commission shall prepare and adopt, pursuant to § 500-138 et seq. of this article, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Planning Board for inclusion in the Township Master Plan pursuant to N.J.S.A. 40:55D-28(b) and to the Township Council of the Township of West Milford for inclusion in the Land Development Ordinance.
(2) 
Hear and decide applications for certificates of appropriateness pursuant to § 500-140 of this chapter, for landmarks as designated under § 500-138.
(3) 
Amend, from time to time, as circumstances warrant, the Landmarks and Historic Districts Designation List and Official Landmarks Map in the manner set forth in § 500-138.
(4) 
Report at least annually to the Planning Board and the Township Council of the Township of West Milford on the state of historic preservation in the Township and to recommend measures to improve same.
(5) 
Collect and disseminate material on the importance of historic preservation and specific techniques for achieving same.
(6) 
Advise all Township agencies regarding goals and techniques of historic preservation.
(7) 
Adopt and promulgate such regulations and procedures not inconsistent with this chapter as are necessary and proper for the effective and efficient performance of the duties herein assigned.
(8) 
Review all proposed National Register nominations for properties that come within the jurisdiction of the Commission, as established by the criteria of the 1980 amendments of the National Historic Preservation Act of 1966.
H. 
Meetings. The Historic Preservation Commission shall meet on a regular basis, but at a minimum of four times a year. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
I. 
Conflicts of interest. No member of the Historic Preservation Commission of West Milford Township shall be permitted to act on any matter coming before the Commission in which he or she has, either directly or indirectly, any personal or financial interest.
J. 
Emergency meetings of Commission. In the event that there arises a need for an emergency meeting of the Historic Preservation Commission, the Commission Chairman shall convene a meeting of the Commission after having given due and appropriate notice in accordance with the State Open Public Meetings Act. The Commission Chairman shall instruct the Secretary to personally or telephonically contact the Commission members to inform them of the time, date and location of the emergency meeting and the purpose of the emergency meeting. Emergency meetings shall be convened for such instances as pending demolition permits to designated historic sites in the Township or such other circumstances that warrant the immediate action of the Commission. In the case of any emergency meetings, all of the requirements for the transaction of business during a regularly scheduled meeting shall apply.
A. 
Preparation of a survey. The Historic Preservation Commission shall make a comprehensive survey of the Township of West Milford for the purpose of identifying historic districts and sites which are worthy of protection and preservation. Such survey shall be based upon an identification process approved by the State Office of New Jersey Heritage, Department of Environmental Protection.
B. 
Documentation and notification. Based on the survey or upon recommendation of concerned citizens, the Historic Preservation Commission shall document the importance and historical significance to the Township, state and nation of each landmark designation in terms of the purpose and criteria set forth in this article. Thereafter, the Historic Preservation Commission, by certified mail, shall:
(1) 
Notify each owner that his property has been tentatively designated a historic landmark.
(2) 
Advise each owner of the significance and consequences of such tentative designation, and advise him of his opportunities and rights to challenge or contest such designation.
(3) 
Invite each owner to consent voluntarily to final designation without the need for public hearing or other protection.
C. 
Final decision by Commission. After full consideration of the evidence brought forth at the special hearing, the Historic Preservation Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each landmark and historic district designation.
D. 
Submission of list to Township Clerk and Planning Board. The list of landmarks and historic districts shall be submitted thereafter to the Secretary of the Township Planning Board and to the Township Clerk of the Township of West Milford. Prior to adoption of the ordinance adopting the Designation List, the Township Council shall refer same to the Planning Board for recommendations. The Township Council shall then consider whether to adopt the Designation List and Landmark Map by ordinance. Once adopted, the Designation List and Landmark Map may be amended in the same manner in which it was initially adopted.
E. 
Distribution of Landmarks and Historic Districts Designation List and Official Landmarks Map. Copies of the Landmarks and Historic Districts Designation List and Official Landmarks Map, as adopted, shall be made public and distributed to all Township agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed with the Passaic County Clerk and Registrar of Deeds for recording in the same manner as certificates of lien upon real property.
F. 
Placement of plaques. Each designated historic district or landmark may be marked by an appropriate plaque, in such form as the Historic Preservation Commission shall promulgate by regulation.
G. 
Criteria for designation of a landmark or historic district. In considering an individual site, building or structure or a district for becoming designated as historically, architecturally or archaeologically significant, the Historic Preservation Commission shall give consideration to the following criteria:
(1) 
That it is associated with events that have made a significant contribution to the broad patterns of our history; or
(2) 
That it is associated with the lives of persons significant in our past; or
(3) 
That it embodies the distinctive characteristics of a type, period, or method of construction, or that it represents the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(4) 
That have yielded, or may be likely to yield, information important in prehistory or history.
(5) 
Ordinarily cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the National Register. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories:
(a) 
A religious property deriving primary significance from architectural or artistic distinction or historical importance; or
(b) 
A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event; or
(c) 
A birthplace or grave of an historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life; or
(d) 
A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or
(e) 
A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or
(f) 
A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or
(g) 
A property achieving significance within the past 50 years if it is of exceptional importance.
A. 
Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued by any of the following, or, in the event no other type of permit is otherwise required, before any work can commence on any of the following activities on the property of any landmark or within any historic district:
(1) 
Demolition of an historic landmark or of any improvement within any historic district.
(2) 
Relocation of any historic landmark or of any improvement within any historic district.
(3) 
Change in the exterior appearance of any existing landmark of any improvement within any historic district by addition, alteration or replacement.
(4) 
Any new construction of a principal or accessory structure.
(5) 
Changes in or addition of new signs or exterior lighting, except that no certificate of appropriateness shall be required for one unlit sign per premises if the surface area of such sign does not exceed 1 1/2 square feet.
B. 
Exceptions.
(1) 
A certificate of appropriateness shall not be required for any repainting, repair or exact replacement of any existing improvement. In the event that the color or exterior surface material or the improvement shall be changed as a result of such repainting, repair or exact replacement, a certificate of appropriateness shall not be required if the new exterior surface is one that has been previously approved by regulations duly promulgated by the Historic Preservation Commission for similar improvement in that district or as to that particular historic landmark. In the event that the repainting, repair or exact replacement does not conform to the said regulations, a certificate of appropriateness shall be required.
(2) 
In terms of an exact replacement of finishes, materials or architectural elements, it is understood that the Historic Preservation Commission would prefer an applicant to maintain, stabilize and repair the original or existing finishes, materials, or architectural elements before considering the replacement of same. However, should the original or existing finishes, materials or architectural elements be of such a deteriorated condition as to require replacement, the new finishes, materials or architectural elements should be designed and installed to replicate the material, color, size, contour, configuration and design of that which is being replaced, provided that such materials are available at a reasonable cost.
A. 
Application procedure. Application for a certificate of appropriateness shall be made on forms available from either the Township Clerk or the Secretary of the Historic Preservation Commission. Completed applications shall be delivered to the Secretary of the Historic Preservation Commission at the West Milford Township Municipal Building, 1480 Union Valley Road, West Milford, New Jersey, 07480.
B. 
Application information and supporting documents. Applications for a certificate of appropriateness shall include the following:
(1) 
All forms completed by the applicant.
(2) 
The following exhibits:
(a) 
Where new construction is proposed, an overall site plan layout, at a scale of one inch equals 20 feet, showing the location of all adjacent properties.
(b) 
Sufficient color photographs of all adjacent properties and buildings within a minimum of 60 feet of the landmark property lines. Each photograph shall be properly identified and referenced on the site plan.
(c) 
Elevation drawings may be optional at the Commission's request. All building elevations required shall be at a minimum scale of 1/8 inch equals one foot.
(d) 
Applicants should be prepared to furnish the Commission with manufacturer's photos and/or cuts as well as specifications for products to be used.
C. 
Time frame of decision by Commission.
(1) 
The Historic Preservation Commission shall reach a decision on the application within 45 days after the Secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Historic Preservation Commission. The Historic Preservation Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action, and may grant approval upon such conditions as it deems appropriate within the intent and purpose of this section of this article.
(2) 
If an application is approved, the Historic Preservation Commission shall forthwith issue a certificate of appropriateness. If the Historic Preservation Commission disapproves an application, the Historic Preservation Commission shall state its reasons in writing in resolution form within 10 days of such a decision. In case of disapproval, the Historic Preservation Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefor, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Commission's action shall be published in the official newspaper within 10 days of such action.
(3) 
The Secretary of the Historic Preservation Commission shall forward a copy of the Commission's written action, on an application, to the Construction Official and the Township Planning Board or Board of Adjustment if either body is also reviewing the application within 10 days of the Commissions decision.
D. 
Appeal to Commission of hardship. In the event that the applicant alleges that compliance with the requirements of this section of this article would be an unreasonable hardship and that the nature of his application is such that the change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved, the Historic Preservation Commission, by a two-thirds affirmative vote of its full authorized membership, may grant such relief from the requirements of this section of this article as it deems consistent with the public good and the purposes of this article.
E. 
Request for certificate of appropriateness for alteration creating negligible impact. An applicant may allege that a certificate of appropriateness should be granted without the fulfilling of all the application requirements set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access and, therefore, that the said addition or alteration cannot adversely affect the public interest and cannot affect an architecturally significant elevation. In that event the Historic Preservation Commission, by a majority vote of its full authorized membership, upon a finding that the applicant's claim is accurate, may forthwith grant a certificate of appropriateness on that basis.
In making its determinations and recommendations, the Historic Preservation Commission shall take into consideration specific standards, as set forth below:
A. 
Demolitions. In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:
(1) 
Its historic, architectural, archaeological, and/or aesthetic significance.
(2) 
Its use.
(3) 
Its importance to the Township and the extent to which its historical, architectural or archaeological value is such that its removal would be detrimental to the public interest.
(4) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5) 
The extent to which its retention would promote the general welfare by maintaining real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage, or making the Township a more attractive and desirable place in which to live.
(6) 
If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
B. 
Removals out of the Township. In regard to an application to move an historic landmark to a location outside of the Township, the following matters shall be considered:
(1) 
The historic loss to the site of the original location.
(2) 
The compelling reasons for not retaining the landmark or structure at its present location.
(3) 
The proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.
(4) 
The probability of significant damage to the landmark or structure itself, as a result of the move.
(5) 
The applicable matters set forth in Subsection A of this section.
C. 
Removals within the Township. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Township, the following matters shall be considered in addition to the matters set forth in Subsection B of this section:
(1) 
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this article.
(2) 
If the proposed new location is within an historic district, the visual compatibility factors as set forth in Subsection G of this section.
D. 
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into, or to construct a new structure or add to or alter an existing structure within an historic district, or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in Subsection G of this section.
E. 
Considerations on other actions. In regard to an application for approval of any proposed action, as set forth in Subsection G of this section, the following matters shall be considered:
(1) 
If an historic landmark or a structure in an historic district is involved:
(a) 
The impact of the proposed change on its historic and architectural character.
(b) 
Its importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(c) 
The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty.
(2) 
The use of any structure involved.
(3) 
The extent to which the proposed action would adversely affect the public's view of a landmark or structure within an historic district from a public street.
(4) 
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection G of this section.
F. 
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
G. 
Visual compatibility factors. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which they are visually related and shall be known as "visual compatibility factors:"
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(3) 
Proportion of openings within the facility. The relationship of the width of the windows to the height of the windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) 
Rhythm of solids to voids on front facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and the adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) 
Rhythm of entrance and/or porch projections. The relationship of the entrance or entrances and the porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) 
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8) 
Roof shapes. The roof shapes of a building shall be visually compatible with the buildings to which it is visually related.
(9) 
Walls of continuity. Appurtenances of a building, such as walls, open-type fencing, evergreen landscape masses, shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) 
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) 
Directional expression of front facade. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
A. 
Approved certificate of appropriateness deemed positive recommendation.
(1) 
If a certificate of appropriateness has been issued for an application that requires approval of the Planning Board or the Board of Adjustment, the certificate of appropriateness shall be deemed to be a positive recommendation to the Planning Board or the Board of Adjustment as to the historic preservation aspects of the matter before the Planning Board or the Board of Adjustment.
(2) 
The Planning Board or Board of Adjustment may, nevertheless, affirm or deny the application based on the entire record before it, notwithstanding the certificate of appropriateness as to the historic preservation aspects.
B. 
Denials of certificate of appropriateness.
(1) 
When the Preservation Commission denies certification on a development application, notice of such action and a full report on the reasons for the decision shall be sent to either the Board of Adjustment or the Planning Board, depending on which Board is hearing the application. The applicant shall have the right to appeal the denial to the Planning Board or Board of Adjustment.
(2) 
All other denials of a certificate of appropriateness shall be to the Planning Board.
C. 
Right of judicial review. Nothing herein shall be deemed to limit the right of judicial review of the Township action after an appeal is concluded by the Township Council of the Township of West Milford.
Any person who shall undertake any activity in relation to a landmark or improvement within an historic district without first having obtained a certificate of appropriateness shall be deemed to be in violation of this article.
A. 
Service of notice of violation. Upon learning of the violation, the Construction Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Township with the said notice, a copy of same shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his last known address, as it appears on the Township tax rolls.
B. 
Issuance of summons and complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question, whichever is earlier, the Construction Official shall cause to be issued a summons and complaint, returnable in the West Milford Township Court, charging violation of this article. Each separate day the violation exists shall be deemed to be a new and separate violation of this article.
C. 
Penalties. The penalty for violations shall be as follows:
(1) 
For each day, up to 10 days, not more than $25 per day.
(2) 
For each day, 11 to 25 days, not more than $50 per day.
(3) 
For each day beyond 25 days, not more than $75 per day.
D. 
Injunctive relief. In the event that any action which would permanently and/or adversely change the landmark or historic district, such as demolition or removal, is about to occur without a certificate of appropriateness having been issued, the Construction Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.
Recognizing the need for preventive maintenance to insure the continued useful life of landmarks and structures in historic districts, the Township Council of the Township of West Milford hereby declares that code enforcement in relation to landmarks and structures in historic districts is a high Township priority.
A. 
Deterioration and service of notice of violation. In the event that any landmark or improvement in an historic district deteriorates to the point that, in the best estimate of the Township Construction Official, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Construction Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark listing the violations, the estimate for their abatement, and the replacement cost of the improvement and stating that, if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Official shall for good cause grant, the Township may at the expiration of the ninety-day period, enter upon the property in question and abate the violations itself and cause the cost thereof to become a lien on the property.
B. 
Request for hearing by property owner.
(1) 
Upon receipt of such notice from the Township Construction Official, the owner may, within 10 days after such a receipt, notify the Construction Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Official's notice. Such hearing shall be conducted by the Planning Board and shall, so far as possible, be a formal adversary proceeding in which the Planning Board shall establish the matters alleged in the notice by a preponderance of the evidence.
(2) 
If the owner does not request a hearing, the procedures set forth in Subsection A of this section shall pertain. If a hearing is requested, the Construction Official will, within 10 days following the hearing, serve on the owner an opinion of the Planning Board, in writing, setting forth the conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection A of this section.
C. 
Violation abatement by Township.
(1) 
Thereafter, if the owner of the property in question does not comply, the Construction Official may enter onto the premises and, by use of Township labor or outside contractors, or both, perform such work as is necessary to abate all violations.
(2) 
The Construction Official shall then certify to the Township Council of the Township of West Milford the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present same to the Township Council of the Township of West Milford.
(3) 
The Township Council of the Township of West Milford may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes.
It shall be the duty of all Township officials reviewing all permit applications involving real property or improvements thereon to determine whether such applications involve any activity which should also be the subject of an application for a certificate of appropriateness, and if it should, to inform, in writing, both the Secretary of the Commission and the applicant in a timely fashion.
A. 
The properties hereinafter set forth are the designated list of landmarks and historic sites established by the Historic Preservation Commission of the Township of West Milford pursuant to § 500-138 of this chapter.
(1) 
Idylease Inn, 124 Union Valley Road, Newfoundland.
(2) 
New City, New City Road, West Milford.
(3) 
Town Hall Annex, Union Valley Road, West Milford.
(4) 
Wallisch Homestead.
[Added 5-18-1994 by Ord. No. 1994-19]
(5) 
Apple Acres (Block 9901, Lot 14), 1064 Union Valley Road.
[Added 7-5-1995 by Ord. No. 1995-20]
(6) 
Vreeland Store (Block 9501, Lot 12), 1383-1385 Macopin Road.
[Added 12-6-1995 by Ord. No. 1995-29]
(7) 
Morse/Carpignano House (Block 4701, Lot 38.01), 370 Morsetown Road.
[Added 2-19-1997 by Ord. No. 1997-1]
(8) 
Reid House (Block 5302, Lot 2), 1778 Macopin Road.
[Added 6-4-1997 by Ord. No. 1997-8]
(9) 
Bayer House (Block 9402, Lot 15), 1299 Macopin Road.
[Added 4-4-2001 by Ord. No. 2001-9]
(10) 
Vreeland House (Block 9401, Lot 3), 1349 Macopin Road.
[Added 4-4-2001 by Ord. No. 2001-9]
(11) 
Tichenor House (Block 2902, Lot 3), 22 Warwick Turnpike.
[Added 9-5-2001 by Ord. No. 2001-26]
(12) 
Cahill House (The Parrot Homestead, Block 9501, Lot 3), 1453 Macopin Road.
[Added 2-20-2002 by Ord. No. 2002-2]
(13) 
Long Pond Ironworks (Block 4502, Lot 2), Greenwood Lake Turnpike.
[Added 5-1-2002 by Ord. No. 2002-12]
B. 
Map depicting the aforesaid designated list of landmarks and historic sites is that map entitled "Historic Sites" as approved by the West Milford Historic Preservation Commission, a copy of which shall be maintained in the Municipal Clerk's office for public inspection. Said map may be revised, from time to time, pursuant to ordinance, to include additional landmarks and historic districts.
[Added 4-3-1996 by Ord. No. 1996-6]
A. 
Purpose. One means of implementing historic preservation is to allow for the adaptive reuse of the building. In an effort to promote historic preservation, adaptive reuses of the locally designated building shall be permitted as provided for in this section.
B. 
Permitted adaptive reuses.
(1) 
Country stores engaged in general retail sale of goods, without specialization. The ancillary sale of prepared foods shall be permitted, with up to 10% of the retail area (square feet) for counter stools to enable on-site consumption of said food by customers.
(2) 
Country inns providing rooms for transient guests and which may include a restaurant open to the public.
(3) 
Bed-and-breakfasts as an individual use.
(4) 
Antique stores.
C. 
General requirements.
(1) 
Parking provisions.
(a) 
Stores shall provide parking at the ratio of one space per 300 square feet of gross floor area.
(b) 
Restaurants, including counter service, shall provide parking at the ratio of one space per four seats.
(c) 
Country inns shall provide parking at the ratio of 1.5 spaces per guest room.
(d) 
Bed-and-breakfasts shall provide parking at the ratio of one space per guest room plus two spaces for the permanent residents of the bed-and-breakfast.
(e) 
When more than one land use occurs on-site, the total number of required parking spaces shall be determined by individually computing the parking requirements for each specific land use, pursuant to Subsection C(1)(a) through (d) herein, and adding the resulting numbers.
(2) 
Parking lots shall be, at a minimum, of quarry process stone (QPS) or alternate base, suitable to the Township Engineer.
(3) 
Parking lots shall be located such that they are innocuous to the surrounding properties, and the location shall, in every case, be subject to review.
D. 
Applications made in accordance with this section shall be made pursuant to § 470-4 of the Land Development Ordinance.
E. 
Nothing in this section shall preclude the use of the property as it is zoned.