[HISTORY: Adopted by the Township Committee of the Township of Cranbury 2-27-2006
by Ord. No. 01-06-02. Amendments noted where applicable.]
There is hereby created a Historic Preservation Commission, which is
created pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., and which
is intended to perform all of the functions of a historic preservation commission
pursuant to N.J.S.A. 40:55D-109.
The Historic Preservation Commission shall have the following duties
and responsibilities:
A.
Identify, record and maintain a system for survey and
inventory of all buildings, sites, places, landmarks and structures of historical
or architectural significance that is based on the Secretary of the Interior's
Standards and Guidelines for Archaeology and Historic Preservation (Standards
and Guidelines for Identification) and that is compatible and coordinated
with the State Historic Preservation Office (HPO) state-wide inventory; and
to aid the public in understanding their worth, methods of preservation, techniques
of gathering documentation and related matters.
B.
Make recommendations to the Planning Board regarding
the historic preservation plan element of the Master Plan and the impact of
each component and element of said Master Plan on the preservation of historic
sites and districts. The Commission may provide information to the Planning
Board indicating the location and significance of historic sites and districts
and may assist in identifying or applying the standards used to assess their
worthiness for historic site or district identification.
C.
Advise the Planning Board on the inclusion of historic
sites and landmarks in the recommended capital improvement program.
D.
Advise the Planning Board and Zoning Board of Adjustment
on applications for development pursuant to N.J.S.A. 40:55D-110 and 111.
E.
Establish administrative procedures and/or regulations to carry out the purposes of Chapter 93 of this Code.
F.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Township.
A.
Positions on the Historic Preservation Commission shall
be filled by people interested in, and qualified to contribute to, the preservation
of the historic resources of the Township. The membership of the former Historic
Preservation Advisory Committee, which was established by former Chapter 93
(now repealed), is hereby continued pursuant to N.J.S.A.40:55D-107 et seq.
On expiration of the existing terms, the Mayor shall appoint new members,
who may include members of the former Historic Preservation Advisory Committee.
B.
The Commission shall consist of five regular members
and two alternate members, all of whom shall have a demonstrated interest,
competence, or knowledge in historic preservation. Members shall serve without
compensation, except that they shall be reimbursed for reasonable and necessary
expense incurred in the performance of official business within the guidelines
of the budget established for the Commission by the Township Committee. All
appointments shall be made by the Mayor.
(1)
At the time of appointment, at least one member shall
be designated from each of the following classes:
(a)
Class A: A person who is knowledgeable in building design
and construction or architectural history and who may reside outside the municipality;
(b)
Class B: A person who is knowledgeable, or with a demonstrated
interest, in local history and who may reside outside the municipality;
(c)
Class C: Citizens of the municipality who shall hold
no other municipal office, position or employment except for membership on
the Planning Board or Zoning Board of Adjustment.
(2)
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 regular members, one shall
be from Class A, one from Class B, and three from Class C.
C.
Alternates. 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.
D.
Committee liaison. The Township Committee shall designate
one of its members to act as a liaison between the Historic Preservation Commission
and the Township Committee.
E.
Terms.
(1)
Members of the Historic Preservation Commission who have been appointed under former Chapter 93 (now repealed and replaced with new Chapter 93) shall continue in office until the expiration of their respective terms. Thereafter, the term of a regular member shall be four years; the term of an alternate member shall be two years.
(2)
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.
(3)
Vacancies shall be filled within 60 days. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired term
only.
F.
Officers. Annually, the Commission shall elect a Chair
and Vice Chair from its members and select a Recording Secretary who may or
may not be a member of the Commission.
The Township Committee shall make provision in its budget and appropriate
funds for the expenses of the Historic Preservation Commission. The 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 Township Committee, unless the Township Committee by appropriation
provides for separate legal counsel for the Commission. Expenditures pursuant
to this subsection shall not exceed, exclusive of gifts or grants, the amount
appropriated by the Township Committee for the Commission's use. In the
event that the Commission receives gifts or grants, they will be placed in
a dedicated fund for the exclusive use of the Commission.
The Township Committee shall establish by ordinance reasonable fees
necessary to cover the expenses of administration and professional services
to aid the Commission in its review of development applications and applications
for certificates of approval. These fees are in addition to any other fees
required under any portion of this or any other applicable Township ordinance.
The Historic Preservation Commission shall prepare an annual report
to the Township Committee that shall be available to the public and placed
on file in Town Hall. The report shall detail all activities of the Commission,
including problem solving and advisory support.
A.
The Commission shall adopt written rules for the transaction of its business. Such rules shall not be inconsistent with the Municipal Land Use Law and the provisions of new Chapter 93 of this Code and shall include, but not be limited to, rules pertaining to all notices and hearings required herein and rules prohibiting conflicts of interest. Copies of the Commission's bylaws or rules shall be made available to the public for inspection and copying.
B.
In order to make information available to the public
that is useful to the preservation and protection of historic districts and
sites and to provide the basis for consistency of policy, the Commission shall
maintain complete files and records. The Commission's files shall include,
but not be limited to, data used in the classification of buildings, places
and structures, minutes of Commission meetings, applications for certificates
of approval and related data, decisions and appeals, and information, materials
and references submitted to the public related to historic preservation. A
record of Commission proceedings shall be kept and made available, but a formal
verbatim record shall not be required.
C.
The Commission Secretary shall keep minutes and records
of all meetings and proceedings, including voting records, attendance, resolutions,
findings, determinations, decisions and applications. All meetings shall be
noticed and conducted in accordance with the Open Public Meetings Act. Copies
of all minutes shall be maintained in the office of the Commission and shall
be delivered promptly to the Township Clerk.
D.
Copies of records shall be made available to municipal
bodies, agencies, and officials for their use. When the Planning Board or
the Zoning Board of Adjustment refers an application to the Historic Preservation
Commission, the referring Board shall receive a copy of the Commission's
report.
A.
No member of the Commission shall be permitted to act
on any matter in which he or she has, either directly or indirectly, any personal
or financial interest. Unless a member resides or owns property within 200
feet of property that is the subject of an application, mere ownership or
residence in a designated historic district and/or ownership of a designated
historic site or a nondesignated site shall not be deemed a personal or financial
interest.
B.
A member of the Commission may be removed by the Township
Committee for cause, provided that, if the Commission member so requests,
the Township Committee shall be required to hold a public hearing first.
A.
The Historic Preservation Commission shall establish
and post in the municipal building a schedule of regular meetings and shall
hold a minimum of one meeting per month. Regular meetings shall be held as
scheduled unless canceled for lack of applications to process, provided that
in no event shall the Commission hold fewer than four meetings per year. Special
meetings may be called by the Chair or, in the absence of the Chair, the Vice
Chair or, on the request of any two Commission members, when the regular meetings
are inadequate to meet the needs of its business, to handle emergencies or
to meet time constraints imposed by law.
B.
A quorum for the transaction of business shall be three
members. A majority vote of those present and voting shall prevail and shall
be sufficient to grant or deny a certificate of approval. When acting to grant
or change a historic site or historic district designation or to approve a
demolition or relocation application, a majority of the full authorized membership
shall be required.
C.
A member absent from the meeting(s) at which an application
or matter was heard shall be eligible to vote on the application or matter,
notwithstanding his or her absence from the meeting(s), provided that the
member has available a transcript or recording of all the meeting(s) from
which the member was absent and certifies in writing to the Commission that
he or she has read such transcript or has listened to such recording.
D.
The Historic Preservation Commission shall hold public
hearings to review all applications for certificates of approval, referrals
of development applications and other business of the Commission.
E.
Failure on the part of a Commission member to attend
three or more consecutive meetings without the specific permission of the
Chair shall result in that member's removal from the Commission.
