[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 12-15-1998 by Ord. No. 30-98.
Amendments noted where applicable.]
There is hereby established a Historical Preservation
Commission for the protection, enhancement and preservation of districts,
sites, buildings and structures of historic, cultural or architectural
value or interest, including manuscripts, photos, artifacts and papers
deemed to be current or of possible future historic value within the
Borough of Florham Park.
A.
Composition.
(1)
The Historic Preservation Commission shall consist
of nine members, one whom shall be a Borough council member, and at
least one member of each of the following classes:
[Amended 12-18-2001 by Ord. No. 28-01; 12-16-2003 by Ord. No.
18-03]
(2)
The Class A and B members of the Commission must collectively
comprise at least one less than a majority of the membership of the
Commission.
(3)
All other members shall be designated as Class C members,
who shall hold no other Borough office, position or employment except
for membership on the Planning Board or Board of Adjustment.
(5)
The Mayor shall appoint all members of the commission
with the approval of the Borough council.
B.
Initial appointments to the Commission shall be for
terms of one, two or three years, respectively. The term of each member
shall expire on December 31 of the last year of each member's term,
and upon the appointment and qualification of such member's successor.
Thereafter, all appointments shall be for a three-year term. The member
of the Borough Council shall serve for one year.
C.
A vacancy occurring otherwise than by expiration of
term shall be filled by an individual appointed by a majority of the
Commission, with the approval of the Mayor and Council, who shall
serve for the unexpired term only.
D.
Members of the Commission shall receive no compensation
for their services but shall be reimbursed for approved expenses associated
with their Commission functions.
E.
The Commission shall provide for a maximum of one
alternate member to sit for a one-year term. Said appointee shall
be named by the Mayor with the Borough council's approval. Alternate
members may participate in discussions and proceedings, but may not
vote except in the absence or disqualification of a regular member.
[Amended 12-16-2003 by Ord. No. 18-03]
The Historic Preservation Commission may organize
as it sees fit, choosing a Chairman from among its members and such
other officers as it may deem advisable, may adopt and publish rules
and bylaws for the proper administration of its functions; and may
formulate committees for the administration and handling of its programs.
Officers shall be elected for one-year terms at the January meeting.
A.
Meetings.
(1)
The Historic Preservation Commission shall hold regularly
scheduled public meetings at least 10 months throughout the year.
(2)
All meetings shall comply with the Open Public Meetings
Act in accordance with N.J.S.A. 10:4-6 et seq.
(3)
The Commission 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.
B.
At all meetings, a quorum for the transaction of business
shall consist of five of the commission members. For the purpose of
a quorum, the alternate member is considered a member.
[Amended 12-16-2003 by Ord. No. 18-03]
C.
In the absence of the Chairman and Vice Chairman,
the Secretary may chair the meeting. In the event the Secretary is
also absent, the most senior member will chair the meeting.
[Added 12-16-2003 by Ord. No. 18-03[1]]
[1]
Editor's Note: This ordinance also provided
for the redesignation of former Subsection C as Subsection D.
D.
The Commission shall post and distribute copies of
the minutes of each regular meeting of the commission to the Mayor
and council, Borough Clerk, Borough Administrator, Borough Treasurer
and such others as may formally request copies. The minutes shall
include a record of all decisions, appointments and expenditures by
the Commission.
The Historic Preservation Commission shall perform
all of the functions assigned by federal law, state law or Borough
ordinances to the Commission, and shall have the following powers,
duties and authority:
A.
Determine the full range of historic preservation
needs and desires of the Borough.
B.
Establish policies and standards therefor.
C.
Promulgate, adopt, approve and publish suitable rules
and regulations and bylaws as the Commission shall deem fitting and
proper to carry out its purposes and objectives.
D.
The Commission may adopt and publish rules, regulations
and bylaws for the use and purposes thereof of all historical landmarks,
buildings and sites and the conduct of all persons while using the
same. Such rules and regulations as may be promulgated by the Commission
shall be reasonably related to the protection of the property. Any
person who shall violate any such rules, regulations or bylaws shall
be deemed and adjudged to be a disorderly person.
E.
The Borough Administrator or his designee shall be responsible for
monitoring and supervision of all programs, activities and operations
and buildings and grounds improvements or any use of the Little Red
Schoolhouse in accordance with the written Borough policy, including
all such uses of the Little Red Schoolhouse by the following:
[Added 11-24-2009 by Ord. No. 09-19; amended 6-19-2014 by Ord. No.
14-9]
F.
Any group or body that wishes to use the Little Red Schoolhouse must
obtain a facilities use permit from the office of the Business Administrator
at least two weeks in advance to access this facility for any reason.
All keys to the facility will be held in the office of the Borough
Administrator and will be issued upon approval of a written request
for use of the facility.
[Added 6-19-2014 by Ord. No. 14-9]
A.
Designation.
(1)
The Commission shall survey the entire Borough against
criteria for the National Register of Historic Places and, based on
the survey, in conjunction with the recommendations of concerned citizens,
the Commission shall identify historic landmarks, historic landmark
sites and historic districts within the Borough which are worthy of
preservation because of their historical, cultural, social or architectural
significance in that they possess integrity of location, design, setting,
material workmanship and:
(a)
Are associated with events that have made a significant
contribution to the history of the Borough, state or nation;
(b)
Are associated with the lives of significant persons
in our past;
(c)
Embody the distinctive characteristics of a type,
period or method of construction, represent the work of a master or
possess high artistic values; or
(d)
Have yielded or may be likely to yield information
important in prehistory or history.
(2)
The Commission may also prepare nominations for the
consideration of the State Historical Preservation Officer.
B.
The Commission shall thereafter notify owners, neighbors
and occupants or tenants that their building or area has been designated
a historic landmark, advise them of the significance and consequence
of the same and advise them of their right to challenge such designation.
C.
The Commission shall as soon thereafter as practicable
hold a public hearing at which all interested persons shall be entitled
to present their opinions, suggestions and objections. After full
consideration of the evidence brought forth at the hearing, the Commission
shall make its final decision and shall issue its final report to
the public stating reasons in support of its action with respect to
each individual landmark, historical landmark site and historic district
designation. Each owner shall have the opportunity to voluntarily
consent to final designation without the need for a public hearing.
D.
Such final report shall be submitted to the Borough
Planning Board for inclusion in the Master Plan and to the Borough
Council for inclusion in the Land Use Ordinance, informing both boards
of any objections.
E.
Following approval by the Planning Board and Borough
Council, certificates of designation shall be served upon the owner
of the site so designated, and a true copy thereof shall be filed
with the Tax Collector and Tax Assessor who shall maintain a record
of all historic designations in the tax rolls. Notice of the designation
shall be made to the office of the Construction Official and Building
Inspector.
The Commission shall maintain current lists
and maps of all historical landmarks, buildings, sites and neighborhoods.
Such lists shall contain a brief description of the historical site
or area and shall list the reasons for its inclusion in the list of
historical places. The Commission shall cause drawings, photographs,
descriptions and other appropriate documentation to be made concerning
all areas and buildings included in the list. All inventory material
shall be:
A.
Prior to the approval of the Planning Board or Board
of Adjustment of any application for a permit to perform any demolition,
alteration, restoration or new construction upon any property located
within a historic district or designated a historic landmark or historic
landmark site, the Planning Board/Board of Adjustment shall submit
to the Historic Preservation Commission a copy of every application
submitted to either board for development in historic zoning districts
or historic sites designated on the zoning or official map, or in
any component element of the Master Plan. The Historic Preservation
Commission shall make and transmit within 30 days after referral,
a report to the Planning Board/Board of Adjustment, including recommendations
concerning the proposed application, and whether it should be approved
or denied. The commission shall designate one of its members to testify
at the hearing on the application and to explain the written report.
B.
The report should take into consideration the following
factors in regard to an application to demolish, alter or perform
new construction upon a historic landmark or within a historic district:
(1)
Its historical, architectural and aesthetic significance.
(2)
Its use.
(3)
Its importance to the Borough and the extent to which
its historical or architectural value is such that its removal or
alteration 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 difficulty.
(5)
The extent to which its retention as is would promote
the general welfare by maintaining and increasing real estate values,
generating business, creating new jobs, attracting tourists, students,
writers, historians, artists and artisans, attracting new residents,
encouraging study of architecture and design, educating citizens in
American culture and heritage or making the Borough a more attractive
and desirable place in which to live.
(6)
If it is within a historic district, the probable
impact of its alteration or removal upon the ambiance of the historic
district.
C.
The Planning Board/Board of Adjustment shall review
the report of the Commission and may disapprove or change any recommendation
only by a vote of a majority of its full authorized membership and
shall record in its minutes the reasons for not following such recommendations.
Failure of the Commission to transmit its report within the thirty-day
period provided herein shall relieve the Planning Board or Board of
Adjustment from the requirements of this section.
A.
The Historic Commission must report at least annually
to the Planning Board and the Borough Council on the state of historic
preservation in the Borough and recommend measures to improve the
same.
B.
Each year, the Commission shall develop a budget for
the ensuing calendar year and present the same to the Mayor and Borough
Council on or before October 15. This budget shall give the details
of the money considered necessary to carry out the duties of the Commission.
A.
In addition to conducting reviews at its regularly
scheduled meetings, the Commission will conduct emergency review meetings
when necessary. These emergency meetings shall be held when any action
jeopardizes the safety of designated or potential historic districts,
landmarks or landmark sites.
B.
The meeting will be held upon two days' notice in
the manner of normal meeting notification, and notice to all directly
concerned by the subject of the meeting.
A.
If any person shall undertake any exterior change
of a landmark or improvement within a historic district without first
having obtained a construction permit, such person shall be in violation
of this chapter.
B.
Upon learning of the violation, the Zoning Officer
shall personally serve upon the owner of the lot whereon the violation
is occurring a notice describing the violation in detail and giving
the owners 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 municipality with said notice, a copy shall be posted
on site and a copy sent by certified mail, return receipt requested,
to the owner at his last known address as it appears on the municipal
tax rolls.
C.
In the event that the violation is not abated within
10 days of service or posting a site, whichever is earlier, the Zoning
Officer shall cause to be issued a summons and complaint, returnable
in the municipal court, charging violation of this chapter. Each separate
day that the violation exists shall be deemed to be a new and separate
violation.
D.
In the event that any action which would permanently
change adversely the landmark or historic district, such as demolition
or removal, is about to occur without a construction permit having
been issued, the Zoning Officer 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.
