Pursuant to the provisions of N.J.S.A. 40:55D-107
there is hereby established an Historic Preservation Commission consisting
of seven regular members and two alternate members.
A. The Historic Preservation Commission shall consist
of at least one member of each of the following classes of members:
(1) Class A. A person who is knowledgeable in building
design and construction or architectural history and who may reside
outside the Town.
(2) Class B. A person who is knowledgeable or with a demonstrated
interest in local history and who may reside outside the Town.
(3) Class C. Class C shall be those members who are not
designated as Class A or Class B citizens of the municipality who
shall hold no other municipal office, position or employment except
for membership on the Planning Board.
B. 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 as "Alternate No. 1" and "Alternate
No. 2." The terms of the members first appointed under this section
shall be so determined that to the greatest practicable extent, the
expiration of the term 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
term shall exceed four years and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of regular member
shall be four years, and 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. 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.
C. Alternate members shall meet the qualifications of
Class C members. 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. 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 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 Town Attorney at the rate of compensation
determined by the Mayor and Board of Aldermen, unless the Mayor and
Board of Aldermen, by appropriation provide for a separate legal counsel
for the Commission. Expenditures pursuant to this subsection shall
not exceed, exclusive of gifts or grants, the amount appropriated
by the Mayor and Board of Aldermen for the Commission's use.
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 Mayor and
Board of Aldermen for cause.
The Historic Preservation Commission shall have
the responsibility to:
A. Prepare a survey of historic sites in the Town pursuant
to criteria identified in the survey reports;
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 on applications for development pursuant to §
300-30;
E. Provide written reports pursuant to §
300-31 of this chapter on the application of the Zoning Ordinance provisions concerning historic preservation; and
F. Carry out such other advisory, educational and informational
functions as will promote historic preservation in the Town.
The Planning Board shall refer to the Historic
Preservation Commission every application for development submitted
to the Board for development in historic preservation districts or
on historic sites designated on the Zoning Map or Official Map identified
in any component element of the master plan or the Zoning Ordinance.
This referral shall be made when the application for development is
deemed complete or is scheduled for a hearing, whichever occurs sooner.
Failure to refer the application as required shall not invalidate
any hearing or proceeding. The Historic Preservation Commission may
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 report which may have been
submitted.
[Amended 7-20-2009 by Ord. No. 20-2009]
A. 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 change proposed, which aspects were not
determined by approval of any application for development by a municipal
agency pursuant to the MLUL. The Historic Preservation Commission
shall submit its report to the Planning Board which shall 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 Article
II, the Chairman of the Historic Preservation Commission may act in the place of the full Commission for purposes of this section and the Chairman of the Planning Board may act in place of the full Board.
C. The Historic Preservation Commission shall report to the Administrative
Officer within 45 days of the review and approval for signage. If,
within the forty-five-day period, the Historic Preservation 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. Upon any denial, the applicant
shall have the right to file an application with the Planning Board
for review. Any review shall also include referral to the Historic
Preservation Commission.