The Commission shall create rules and procedures
for the transaction of its business subject to the following regulations:
A. A quorum for the transaction of business shall consist
of three of the Commission's members, including the Chairman or, in
his absence, the Vice Chairman.
B. The Secretary 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 records.
C. All meetings shall comply with the Open Public meetings
Act (N.J.S.A. 10:4-7 et seq.).
D. 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.
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 City Council
for cause.
The Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in the performance of
official business.
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 City Attorney at the rate of compensation determined
by the City Council. Expenditures pursuant to this section shall not
exceed, exclusive of gifts or grants, the amount appropriated by the
governing body for the Commission's use.
The Historic Preservation Commission shall have
the responsibility to:
A. Prepare a survey of historic sites of the City, pursuant
to 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, pursuant to §
53-68 of this chapter.
E. Provide written reports, pursuant to §
53-68 of this chapter, on the application of the Zoning Ordinance provisions concerning historic preservation.
F. Carry out such other advisory, educational and informational
functions as will promote historic preservation in the City.
The Planning Board and Zoning 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 on historic sites designated on the Official Zoning
Map or in any component element of the Master Plan. The Historic Preservation
Commission shall 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 reports
which may have been submitted.
All applications for issuance of permits, other
than certificates of occupancy, 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 proposed change, which aspects were not determined by approval
of an application for development by a municipal agency pursuant to
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. The Historic
Preservation Commission shall report to the Construction Official
within 45 days of his referral of an application to the Historic Preservation
Commission. If, within the forty-five-day period, the Historic Preservation
Commission recommends to the Construction Official against the issuance
of a permit to be issued, the Construction Official shall deny issuance
of the permit or include the conditions in the permit as the case
may be. Failure 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.