[HISTORY: Adopted by the Township Council of the Township of Brick 10-21-1998
by Ord. No. 929-98. Amendments noted where applicable.]
There is hereby created an Historic Preservation Commission referred
to in this chapter as the "Commission." This Commission shall carry out the
responsibilities set forth in N.J.S.A. 40:55D-1 et seq. and N.J.A.C. 7:50-6.151
et seq.; in addition the Commission shall:
A.
Encourage the continued use of historic resources and
facilitate their appropriate reuse.
B.
Encourage preservation of the heritage of the Township
of Brick and historical resources which reflect elements of its cultural,
social, economic and architectural history.
C.
Encourage the maintenance and development of an appropriate
and harmonious setting for the historic and architecturally significant buildings,
structures, sites, objects or districts within the Township.
D.
Encourage the improvements of property values and discourage
the unnecessary demolition of historic resources.
E.
Foster and enhance civic beauty and neighborhood pride.
F.
Promote appreciation of designated historic districts
for the education, pleasure and general welfare of the citizens of the Township
and its visitors.
G.
Encourage preservation of the survey of historical sites
prepared by the Brick Township Historical Society in accordance with N.J.S.A.
40:55D-109(a).
H.
Encourage private reinvestment in existing or new structures
in a manner that preserves, restores, repairs or is compatible with the original
architectural style which is characteristic of other designated historic districts
in which the structure is located.
[Added 7-13-2004 by Ord. No. 929-A-04]
Pursuant to the provision of N.J.S.A. 40A:5-29, the Historic Preservation
Commission is hereby authorized to accept, on behalf of the Township of Brick,
gifts, legacies and bequests to be used for the purpose of preserving and
restoring and encouraging the continued use of the historical resources of
the Township of Brick. All gifts, legacies and bequests shall be maintained
by the Treasurer of the Township of Brick.
A.
The Historic Preservation Commission shall consist of
nine regular voting members and two alternate members. The members shall be
divided into three classes as follows:
(1)
Class A: a person who is knowledgeable in building design
and construction or architectural history and who may reside outside the Township
of Brick.
(2)
Class B: a person who is knowledgeable in or has a demonstrated
interest in local history and who may reside outside the Township of Brick.
(3)
Class C: a person who is a resident of the Township of
Brick who shall hold no other municipal office, position or employment except
for membership on the Township's Planning
Board or Zoning Board of Adjustment.
B.
Four of the regular members shall be drawn from Classes
A and B; at least one of those four shall be a Class A member, and at least
one of those four shall be a Class B. Five of the regular members and the
two alternate members shall be Class C members.
A.
The Mayor shall appoint all regular and alternate members
of the Commission and shall designate at the time of appointment the regular
members by class and the alternate members as "Alternate No. 1" and "Alternate
No. 2." The terms of the regular members first appointed under this chapter
shall be as follows: one-year terms for a Class A member and a Class C member;
two-year terms for a Class B member and two Class C members; three-year terms
for a Class C member and a member of either Class A or Class B; and four-year
terms for a Class C member and a member of either Class A or Class B. The
terms of the alternate members first appointed under this chapter shall be
one year for Alternate No. 1 and two years for Alternate No. 2. Thereafter,
the term of a regular member shall be four years, and the term of an alternate
member shall be two years. Notwithstanding any other provision herein, the
term of any member common to the Historic Preservation Commission and the
Township of Brick Planning Board shall be for the member's term of membership
on the Planning Board, and the term of any member common to the Historic Preservation
Commission and the Township of Brick Zoning Board of Adjustment shall be for
the member's term of membership on the Zoning Board of Adjustment.
B.
Alternate members may participate in discussion of the
proceedings but may not vote except in the absence of 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 be made
as to which alternate member votes, Alternate No. 1 shall vote.
C.
The Chairperson of the Historic Preservation Commission
shall immediately notify the Mayor of any membership vacancies along with
recommendations made by the Commission to fill such vacancies. A vacancy occurring
otherwise than by expiration of term shall be filled for the unexpired term
only. Any vacancies occurring on the Commission shall be filled with qualified
members within 60 days.
A.
No members may act on any matter in which the member
has, either directly or indirectly, any personal or financial interest.
B.
A member may be removed by the Township Council for just
cause. Prior to such removal, the Township Council shall conduct a hearing
if so requested (within 10 days of notice of intention to be removed) in writing
by the member.
A.
The Commission shall elect a Chairperson and a Vice Chairperson
from its members and select a Secretary who may or may not be familiar with
the Commission or a municipal employee.
B.
The Township Council may provide for the Commission in
its budget and may appropriate funds for the expenses of the Commission.
C.
The Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in connection with official
business and may obtain the equipment, supplies, and other material necessary
to his effective operation, within the limits of grants, gifts or funds appropriated,
if any, by the Township Council.
D.
The Commission may employ, contract for and fix the compensation
of experts and other staff and services as it shall deem necessary, except
that the Commission shall obtain its legal counsel and engineering services
from the Township Attorney and the Township Engineer at the hourly rate set
forth in said professionals contracts with the Township. All other experts
and professionals shall be retained subject to the approval of the Township
Council. Expenditures pursuant to this subsection shall not exceed, exclusive
of gifts or donations, the amount appropriated by the Township Council for
the Commission's use.
A.
The Historic Preservation Commission shall create and
adopt internal rules and procedures for the transaction of its business, which
shall be known as the "Township of Brick's Historic Preservation Commission
Administrative Procedures." Said rules shall not be inconsistent with the
provisions of the Township's land use legislation.[1]
B.
The Commission shall make its decision and recommendations
in an open public meeting in compliance with the Open Public Meeting Act in
accordance with N.J.S.A. 10:4-7 et seq. All written minutes of meetings and
proceeding shall be kept including voting records, attendance, finding and
recommendations. All such material shall become public record.
C.
A quorum for all business shall be five members.
The Historic Preservation Commission shall have the following powers
and duties.
A.
Recommend to the Planning Board and the Township Council
sites to be designated as historic landmarks pursuant to Subsection i. of
Section 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65).
B.
Recommended to the Township Council criteria and standards
to be made applicable to any designated historic landmark or district pursuant
to N.J.S.A. 40:55D-111.
C.
If the Township is certified under the state's Certified
Local Government (CLG) Program, the Commission shall, in accordance with the
State CLG Guidelines, review and comment on all state and national register
nominations for the historic landmarks within the Township of Brick.
D.
Advise the Planning Board and Zoning Board of Adjustment
on developments that affect historic landmarks in accordance with the provisions
set forth in N.J.S.A. 40:55D-110.
E.
Assist and advise other municipal agencies and public
bodies in the understanding of historic landmark significance and techniques
for achieving the same.
F.
Report at least annually to the Planning Board and the
Township Council on the state of historic preservation in the Township and
the recommend measures to improve the same.
