Logan Township City Zoning Code
ARTICLE VIII
Historic Preservation Commission
Sec 1 Historic Preservation Commission.
A.
The governing body may, by ordinance, provide for a Historic Preservation Commission.
B.
Every Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:
C.
A Historic Preservation Commission shall consist of seven regular members and may have not more than two alternate members. Of the regular members, a total of at least one less than a majority shall be of Classes A and B.
(1)
These regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board or Board of Adjustment.
(2)
Alternate members shall meet the qualifications of Class C members. The Mayor or, if so specified by ordinance, the Chairman of the Planning Board shall appoint all members of the Commission and shall designate, at the time of appointment, the regular 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."
(3)
The terms of the members first appointed under this section shall be so determined that, to the greatest practicable extent, the expiration of the terms shall be distributed, in the case of regular members, evenly over the first four years after their appointments and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of the regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter the term of a regular member shall be four years; and the term of an alternate member shall be two years.
(4)
A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(5)
Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the terms of membership on the Planning Board and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
(6)
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 municipal employee.
(7)
Alternate members may participate in discussions 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 must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
D.
No member of any historic preservation commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.
E.
A member of a historic preservation body may, after public hearing, if he requests it, be removed by the governing body for cause.
Sec 2 Funding; authority.
A.
The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.
B.
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 municipal Attorney at the rate of compensation determined by the governing body. Expenditures, pursuant to this subsection, shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use.
Sec 3 Duties.
The Historic Preservation Commission shall have the responsibility to:
A.
Prepare a survey of historic sites of the municipality, 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 the Board of Adjustment on applications for development, pursuant to Section 4 of this article.
E.
Provide written reports, pursuant to Section 5 of this article 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 municipality.
Sec 4 Advice on certain applications.
The Planning Board and the Board of Adjustment shall make available to the Historic Preservation Commission an informational copy of every application submitted to either Board for development in historic zoning districts or on historic sites designated on the Zoning or Official Map or in any component element of the Master Plan. Failure to make the information copy available shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be covered 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.
Sec 5 Reports on certain applications.
A.
If the Zoning Ordinance designated and regulates historic sites or districts, pursuant to Subsection (i.) of Section 52 of P.L. 1975 c. 291 (N.J.S.A. 40:555D-65), the governing body shall, by ordinance, provide for reference of applications for issuance of permits pertaining to historic sites or property in historic districts 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 an application for development by a municipal agency, pursuant to the Municipal Land Use Law, P.L. 1975 c. 297 (N.J.S.A. 40:55D-1 et seq.). The Historic Preservation Commission shall submit its report either to the administrative officer or the Planning Board, as specified by ordinance. If the ordinance specifies the submission of the Historic Preservation Commission's report to the Planning Board, the Planning Board shall report to the administrative officer.
B.
The Historic Preservation Commission or the Planning Board, as the case may be, shall report to the administrative officer within 45 days of his referral to the application to the Historic Preservation Commission. If, within the forty-five-day period, the Historic Preservation Commission or the Planning Board, as the case may be, 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. 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.