[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 5-7-2001
by Ord. No. 4-01. Amendments noted where applicable.]
There is hereby established an Historic Preservation Commission for
the protection, enhancement and preservation of districts, sites, buildings
and structures of historic, cultural or architectural value and interest within
the Borough of Mendham.
As used in this chapter, the following terms shall mean and include:
The Historic Preservation Commission.
Any area which has been designated as an historic district pursuant to the provisions of Chapter 215, Zoning.
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 historic or landmark site pursuant to the provisions of Chapter 215, Zoning.
The Commission shall consist of five members and two alternate members who shall be appointed by the Mayor; provided, however, that Class A and Class B members, as defined in § 27-5 herein, may be compensated as provided by the Borough Council.
The initial terms of office of the first Commission members shall be
for one, two or three years to be designated by the Mayor in making such appointments
in the following manner: two of such members shall be appointed for terms
of one year, one of such members shall be appointed for a term of two years
and two of such members shall be appointed to terms of three years. The terms
of each such member shall expire on December 31 of the last year of each such
member's terms and upon the appointment and qualification of such member's
successor. The terms of appointment of succeeding Commission members shall
be for four years each, to expire on December 31 of the last year of each
such succeeding member's term and upon the appointment and qualification
of such member's successor. The initial term of the first alternate member
shall be for two years and of the second alternate member for one year and,
thereafter, the term of an alternate member shall be two years. A vacancy
occurring otherwise than by expiration of term shall be filled for the unexpired
term only.
A.
The Commission shall include in designating the category
of appointment one member of each of the following classes:
(1)
Class A. A person who is knowledgeable in building design
and construction or architectural history and who may reside outside the borough.
(2)
Class B. A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the borough, however,
preference for Class B members shall be given first to residents or property
owners within the Historic District Overlay Zone[1] and then to residents of the borough.
B.
Those regular members who are not designated as Class
A or B shall be designated as Class C. Class C members shall be residents
of the borough and preference shall be given to residents or property owners
within the Historic District Overlay Zone. Class C members shall hold no other
municipal office, position or employment except for membership on the Planning
Board or Board of Adjustment. The Class C membership shall include not more
than one Planning Board or Board of Adjustment member.
C.
Alternative members shall meet the qualifications of
Class C members.
D.
Notwithstanding any other provision herein, the term
of any member common to the 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 Commission and the Board of Adjustment shall be for the term of membership
on the Board of Adjustment.
E.
The 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 Commission or a municipal employee.
F.
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.
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.
B.
A member or alternate member of the Commission may, after
public hearing if he or she requests it, be removed by the Borough Council
for cause.
A.
The Borough Council shall make provision in its budget
and appropriate funds for the expenses of the Commission.
B.
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 Borough Attorney at the rate of compensation
determined by the Borough Council, unless the Borough Council, 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 Borough Council for the Commission's use.
The Commission shall have the responsibility to:
A.
Prepare a survey of historic sites of the borough pursuant
to the 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 as provided herein.
F.
Carry out such other advisory, educational and informational
functions as will promote historic preservation in the borough.
G.
Hold hearings and take testimony on any application as
it deems necessary.
The Planning Board and Board of Adjustment shall refer to the Commission
every application for development in historic zoning districts or on historic
sites designated on the Zoning or Official Map or identified in any component
element of the Master Plan. This referral shall be made when the application
for development is deemed complete or is scheduled for a hearing, whichever
occurs first. Failure to refer the application as required shall not invalidate
any hearing or proceeding. The Commission may provide its advice in written
or oral form, which shall be conveyed through the delegation of one of its
members or staff to testify orally at the hearing on the application and/or
to explain any written report which may have been submitted.
A.
If the zoning ordinance[1] designates and regulates historic sites or districts pursuant
to the Municipal Land Use Law[2] (MLUL), the administrative officer shall refer applications for
issuance of permits pertaining to historic sites or property in historic districts
to the Commission for a written report on the application of the Zoning Ordinance
provisions concerning historic preservation to any of those aspects of the
change proposed which were not determined by an approval granted by the Planning
Board or Board of Adjustment. The Commission shall submit its report to the
administrative officer.
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 historic districts, as defined in the Zoning Ordinance,
the Chairman of the Commission may act in the place of the full commission
for purposes of this section.
A.
The Commission shall report to the referring Board or
to the administrative officer within 45 days of referral of the application
for development or permit application, as the case may be, to the Historic
Preservation Commission.
B.
In the case of a permit application only, if within the
forty-five-day period the Commission recommends to the administrative officer
against the issuance of a permit or recommends conditions to the 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. Appeal from a denial
of a permit shall be taken pursuant to the provisions of N.J.S.A. 40:55D-70a.
C.
Failure of the Commission 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.
All meetings of the Historic Preservation Commission shall comply with
the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
