Every Historic Preservation Commission shall include, in designating the category of appointment, at least one member of each of the following classes:

An Historic Preservation Commission shall consist of five, seven or nine 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.

Those 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 Municipal Agency or Board of Adjustment.

Alternate members shall meet the qualifications of Class C members. The Mayor or, if so specified by ordinance, the Chairman of the Municipal Agency 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 article 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 appointment, provided that the initial term of no regular members 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 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 Municipal Agency shall be for the terms of membership on the Municipal Agency; 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.

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.

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.

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.

A member of an Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.

The governing body shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

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.

Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report.

Make recommendations to the Municipal Agency 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.

Advise the Municipal Agency on the inclusion of historic sites in the recommended capital improvement program.

Advise the Municipal Agency and Board of Adjustment on applications for development in historic zoning districts or on designated historic sites.

Provide written reports on the application of the zoning provisions of this chapter concerning historic preservation; and

Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.

The Commission shall conduct, maintain, and expand, when appropriate, a comprehensive survey of the City to identify historic landmarks and historic districts that are worthy of protection and preservation, as well as recommend to the Planning Board and City Council the designation of buildings, structures, sites, objects or improvements as local historic landmarks and to recommend the designation of local historic districts.

If the zoning provisions of this chapter designate and regulate historic sites or districts, 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 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. 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 Municipal Agency, the Municipal Agency shall report to the Administrative Officer.

The Historic Preservation Commission or the Municipal Agency, as the case may be, shall report to the Administrative Officer within 45 days of his referral of the application to the Historic Preservation Commission. If within the forty-five-day period of his referral, the Historic Preservation Commission or the Municipal Agency, as the case may be, recommends to the Administrative Officer against the issuance of a permit or recommends conditions to the permit 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 their recommendations of conditions to the permits.

The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register Criteria as currently published and amended from time to time. The Commission, or any person, may recommend designation of historic landmarks or historic districts that are in accordance with the National Register Criteria or that possess one or more of the following attributes:

An application for a certificate of appropriateness shall be submitted to the Administrative Officer on forms to be adopted by the Historic Preservation Commission (HPC). Said forms shall be submitted to the HPC not less than 10 days prior to its regularly scheduled monthly meeting, which time may be waived by the HPC and shall include, at a minimum, the following information:

The Historic Preservation Commission shall review and designate the application as a minor or major application based upon the following criteria.

The Secretary of the Historic Preservation Commission shall, upon receipt of the application for a certificate of appropriateness, schedule the application for a hearing and shall give written notice to the applicant. The Commission's hearing and deliberations shall be conducted in accordance with the Open Public Meetings Act.[1] Hearings related to applications for demolition or relocation permits shall be a public hearing advertised in the manner provided by N.J.S.A. 40:55D-1 et seq. The applicant shall be responsible for providing the required notice.

The Historic Preservation Commission, at its regular meeting, shall consider and pass upon all such applications, but only as to exterior features of the structure or improvements in relation to the area in conjunction with the criteria set forth herein. The recommendations of the Historic Preservation Commission (as to approval or denial) shall be then forwarded to the Planning Board to be considered at its next regularly scheduled meeting. In the event that any or all of the recommendations of the HPC are adopted by the Planning Board, then such determinations by the Planning Board shall be binding upon the applicant and deemed to preclude such applicant undertaking the activity requested which would affect the designated structure within the Historic District or considered an historic site.

In its deliberations, the HPC shall consider and make specific findings upon whether the applicant may make any reasonable use of the subject property (as permitted by the applicable zoning provisions) in the event that the application should be denied or granted with conditions. No application may be denied or conditioned in the absence of a specific finding by the Commission that such denial or condition of approval will not render the property useless for the permitted use. In its deliberations, the HPC shall be guided by the City of Somers Point Historic District Survey Form (dated September 8, 1986, prepared by the History Store), which documents are an addendum to the Historic Preservation Element of the City of Somers Point 1989 Master Plan Update.

The applicant shall appear by proper representation before the HPC shall be given the right to present his or her application, including the introduction of any photographs, plot plans, drawings, testimony and so forth upon which the HPC shall base its determination and recommendation to the Municipal Agency. For the purpose of this section, proper representation shall be by personal appearance, by authorized agent or by written communication which provides a clear, concise description of the application and waives his or her right to personally appear. Upon final review for the issuance of a certificate of appropriateness, the Municipal Agency may or may not permit further testimony or documents as it deems appropriate and therefore all such materials and presentation should be made in a complete form to the HPC. Failure of the applicant to appear by proper representation may result in rejection of the application which would require resubmission of the application before further consideration will be given by the HPC.

Upon appeal, the Secretary of the Municipal Agency shall, within 10 days of the decision, notify the Building Inspector and the Secretary of the Historic Preservation Commission, as well as the applicant.

The denial of the certificate of appropriateness or any part of the application thereof may be appealed to the Board of Adjustment with appeal of the Board of Adjustment's decision to the Superior Court.

With respect to applications for demolition, the Commission shall first consider whether preservation of the resource in place is feasible or, failing that option, whether preservation of the resource at another location is feasible.

With respect to applications for relocation, the Commission shall first consider whether the preservation of the resource in place is possible.

In reviewing all applications the Commission shall consider and apply the requirements set forth in §§ 114-102 and 114-103 of this Chapter 114 and shall also utilize those guidelines which are contained in the Design Guidelines for Somers Point Historic Preservation District prepared by Rutala Associates, dated September 2014, which are incorporated herein by reference and which are on file in the Office of the Planning Board Administrative Officer, in the Office of the Somers Point City Clerk and also available on the Official Somers Point website at www.somerspointgov.org.

[1]It is the intent of this section that the HPC be strict in its judgment of plans for alterations, repairs or demolition of existing structures deemed valuable according to studies, approved by the Municipal Agency of the City of Somers Point by qualified persons. Small additions and construction to existing properties in the Somers Point Historic District, such as decks, porches, garages and the like, which are not visible from the street and have minimal or no impact on the historic character of the area, may be reviewed and approved by the Municipal Agency staff and/or City Planner upon notice to the Historic Preservation Commission and to the full Municipal Agency of such action.

Proposals to designate a property as historic pursuant to this article may be made by the City Council, the Commission, a City resident, or the Planning Board, in accordance with the following procedures:

Hearing. Following receipt of a nomination to propose a historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.

Notification requirements. At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:

Public notice of hearing. At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the City.

Public report. At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in City Hall.

Public hearing. At the public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.

Commission report. If the proposed nomination is approved by the Commission, then the Commission shall forward a report to the City Council, which shall contain a statement of the Commission's recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designated.

Referral to Planning Board.

Final designation.

Incorporation of designated landmarks into City records.

Amendments. Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.