§ 168-4. Historic Preservation Commission., Chapter 168. Historic Preservation, Part II. General Legislation, Code of Ordinances, Fanwood

There is hereby established a Commission, pursuant to N.J.S.A. 40:55D-107, which Commission shall be known as the "Historic Preservation Commission." This Commission is hereby given, pursuant to N.J.S.A. 40:55D-109e, authority to grant or deny approvals for certificates of appropriateness under § 168-6.

Regular members and alternates.

(1)

The Commission shall consist of seven regular members, of which three shall be of Classes A and B as described below, and two alternate members. The regular members shall consist of the following classes:

(a)

Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough.

(b)

Class B: The Borough Historian or, in the absence of such person, a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the Borough.

(c)

Class C: Four citizens of the Borough who shall hold no other Borough office, position or employment, except for membership on the Planning Board. One such member shall be a member of the Planning Board.

(2)

There shall be two alternate members, designated as "Alternate No. 1" and "Alternate No. 2," who shall satisfy the requirements of Class C membership.

Appointment; vacancies; removal.

(1)

All members shall be appointed by the Mayor with the concurrence of the Borough Council and shall be designated in their appointments as Class A, B or C and/or as Alternate No. 1 and Alternate No. 2. Regular members shall serve for four-year terms, except for the first regular members, two of whom will have one-year terms, two will have two-year terms, and three will have three-year terms. Alternate members shall serve a term of two years, except for Alternate No. 1 when appointed for the first time, who shall serve for one year.

(2)

Vacancies shall be filled in the same manner in which the previous incumbent was appointed and such vacancy appointment shall be only for the balance of such incumbent's unexpired term.

(3)

Notwithstanding any other provision herein, the term of any member of the Commission who is a member of the Planning Board or Board of Adjustment shall not exceed such person's term of membership on the Planning Board or Board of Adjustment, as the case may be.

(4)

Any member of the Commission after public hearing, if he or she requests such public hearing, may be removed by the Mayor and Council for cause.

The Commission shall elect from its membership a Chairman and a Vice Chairman.

The Commission shall create rules and procedures for the transaction of its business subject to the following regulations:

(1)

A quorum for the transaction of business shall consist of four of the Commission's members, including the Chairman, or in his or her absence, the Vice Chairman, and four affirmative votes shall be required to grant a certificate of appropriateness. If a certificate of appropriateness is not granted when voted on by the Commission, it shall be considered denied.

(2)

The Commission shall appoint a Secretary who need not be a member of the Commission or a Borough employee. 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 part of the public record.

(3)

All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).

(4)

All action to grant, change or deny a certificate of appropriateness shall be by formal written resolution containing findings of fact and conclusions which may be adopted as a memorialization after the action has been taken.

(5)

Alternate members may participate in discussions but may not vote except in the absence or disqualification of a regular member.

(6)

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.

The Commission members shall receive no compensation, and no member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.

Within the limits of funds appropriated for the performance of its work, grants and gifts, the Commission may obtain the services of qualified persons to direct, advise and assist the Commission and may obtain the equipment, supplies and other material necessary to its effective operation.

The Commission is empowered to seek advisory opinions and technical assistance from all Borough employees on any matter within the Commission's jurisdiction.

Powers and duties. The Commission shall:

(1)

Prepare surveys of specific districts and landmarks to determine if the landmark or district warrants designation as an "historic district" or "historic landmark" under this chapter, and, if so, prepare and adopt, pursuant to § 168-5, a landmark designation list and map, the Commission shall be guided by the criteria used to determine whether the proposed landmark or historic district would be includable in the State or Federal Register of Historic Places or such other criteria identified in the surveying report. The Commission may hire such experts as it deems necessary to assist in its work.

(2)

Advise the owners of property included on such proposed landmark designation list and proposed landmarks or historic district map that such survey and study has been made and provide such owners with any reports or any written findings and conclusions of such study, along with any maps and provide such owners with a copy of this chapter as provided in § 168-5.

(3)

Advise the owners of property included in such proposed landmark designation list, or proposed landmark or historic district map, of the administrative steps to be undertaken pursuant to this chapter before such landmark or historic district may be finally designated as such by ordinance, emphasizing the means and methods for such owners to present their views at hearings or by petition as to such designation.

(4)

Decide applications for certificates of appropriateness pursuant to § 168-6.

(5)

Amend from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in § 168-5.

(6)

Report, in writing, at least annually to the Planning Board and the Mayor and Council on the state of historic preservation in the Borough and to recommend measures to improve the same.

(7)

Collect and disseminate material on the importance of historic preservation and techniques for achieving the same.

(8)

Advise all Borough agencies regarding goals and techniques of historic preservation.

(9)

Adopt and promulgate such regulations and procedures consistent with this chapter as are necessary and proper for the effective and efficient performance of the duties herein assigned.

(10)

Advise and assist citizen groups and individuals in the Borough interested in establishing landmarks and historic districts.

(11)

Prepare and maintain a survey of the Borough to identify potential landmarks and historic districts for further research. Such survey shall specify the criteria used and shall be available for public inspection.

(12)

Advise and make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and/or the implications for preservation on all other elements of the Master Plan.

(13)

Advise the Planning Board on the inclusion of landmarks and historic districts in the capital improvements program.

(14)

Advise the Planning Board and the Board of Adjustment on applications for development pertaining to landmarks and historic districts pursuant to § 168-6.

The Commission shall obtain its legal counsel from the Borough Attorney at the hourly rate commonly paid for those services by the Borough and/or as part of the Borough Attorney's duties as a part-time employee of the Borough.

[Amended 2-8-2005 by Ord. No. 05-02R]

Editor's Note: This ordinance is retroactive to 1-1-2005.

The Planning Board and Board of Adjustment shall make available to the Commission an informational copy of every application for development submitted to either Board in any historic district or to historic sites designated on the Zoning Map or Official Map or in any component element of the Master Plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Commission may provide its advice which shall be conveyed in writing and/or through its delegation of one of its members or staff to testify orally at the hearing on the application for development and to explain any written report which may have been submitted by the Commission.