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West Orange City Zoning Code

§ 25-30.2

Historic Preservation Commission.

[Ord. No. 2357-12 § 25-30.2; Ord. No. 2359-12]
a. 
Establishment/Membership. There is hereby established an Historic Preservation Commission to be appointed pursuant to statute by the Mayor. The Commission shall consist of seven regular members and two alternate members who shall serve without compensation, and who shall be interested in and able to contribute to the preservation of historic districts, sites, buildings, structures, and objects. At the time of appointment, members shall be designated by the following classes:
[Amended 4-14-2020 by Ord. No. 2598-20]
1. 
Class A: A person who is knowledgeable in building design and construction or architectural history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the professional qualifications set forth for the disciplines of architecture, historic architecture, or architectural history in Subsection 25-30.5.
2. 
Class B: A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the professional qualifications set forth for the discipline of history in Subsection 25-30.5.
3. 
Class C: Residents of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board or the Zoning Board of Adjustment.
At least one member shall be designated in Class A, and one member in Class B. Of the seven regular members, at least three members shall be of Classes A and B. At least one resident of an Historic District shall be appointed to the Commission. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2," and shall meet the qualifications of Class C members.
A member of the Main Street Development Corporation shall be designated as liaison between the Commission and the Corporation, and shall be an ex-officio member of the Commission.
A member of the Township Council shall be designated as liaison between the Commission and the Township Council and shall be an ex-officio nonvoting member of the Commission.
b. 
Terms. The term of a regular member shall be four years and the term of an alternate member shall be two years. Notwithstanding any other provision herein, the term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board, the term of any member common to the Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment; and the term of any member common to the Commission and the Main Street Development Corporation shall be for the term of membership on the Main Street Development Corporation. The terms of the members first appointed pursuant to N.J.S.A. 40:55D-107 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, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and the initial term of no alternate member shall exceed two years. The term of the Township Council liaison shall be for one calendar year with appointment made by the Council at the Council’s annual reorganization meeting.
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.
[Amended 4-14-2020 by Ord. No. 2598-20]
c. 
Conflicts of Interest. No member of the Commission shall be permitted to participate in or vote on any matter in which (s)he has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within 200 feet of property which is the subject of an application, mere residence in a designated Historic District and/or ownership of a designated Historic Landmark shall not be deemed a personal or financial interest.
d. 
Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled within 45 days by appointment as above provided for the unexpired term only.
e. 
Removal. A member of the Commission may, after public hearing if (s)he requests it, be removed by the Mayor and Township Council for cause.
f. 
Organization of Board. The Commission shall adopt written rules and procedures for the transaction of its business, subject to the following:
1. 
The Commission shall elect from its members a Chairperson and a Vice Chairperson.
2. 
A quorum for the transaction of all business shall be four members.
3. 
All Commission minutes and records are public records and all Commission meetings shall comply with the Open Public Meetings Act
[N.J.S.A. 10:4-7, et seq.]
4. 
The Commission shall employ, designate or elect a Secretary who need not be a member of the Commission. 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 made public record.
5. 
Commission meetings shall be scheduled at least once every month or as often as required to fulfill its obligation to advise the Mayor, Planning Board, Zoning Board, Township Council or Administrative Officer.
6. 
The office of any member who shall be absent from three consecutive meetings of the Commission without just cause may be deemed vacant at the discretion of the Mayor, and his or her membership on the Historic Preservation Commission terminated. If the Commission determines that a member is absent from any meeting without just cause, it shall be duly noted in the minutes of that meeting, and it shall be the duty of the Chairperson to so notify that member in writing. The mailing of the minutes of a particular meeting to the Commission members shall constitute written notice to each member.
g. 
Expenses, Experts and Staff.
1. 
The Mayor and Township Council shall make provisions in the budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Township Council for the Commission's use.
2. 
The Commission shall employ an Historic Preservation Officer who is a professional in the field of architectural history, historic preservation or similar discipline, to coordinate its activities, and to advise the Commission on applications before it.
3. 
The Director of Planning and Development, the Construction Official, the Township Engineer, and all other departments of the Township government shall provide such technical assistance as the Historic Preservation Commission and Officer may require.
4. 
The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council.
h. 
Powers and Duties.
1. 
Meetings. The Historic Preservation Commission shall establish a regular schedule of meetings on at least a monthly basis. Additional meetings may be called by the Chairperson or Vice Chairperson when the regular meetings are inadequate to meet the needs of its business, to handle emergencies, or to meet time constraints imposed by the law.
2. 
Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities:
(a) 
To identify, record and maintain a system for survey and inventory of all districts, buildings, sites, structures and objects of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Standards and Guidelines for Identification), as amended and/or supplemented. The survey and inventory of Historic Resources shall be compatible and coordinated with the Office of New Jersey Heritage's statewide inventory. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition. The inventory shall be used as a basis for identifying properties in the Township worthy of designation as Historic Landmarks and Districts.
(b) 
To recommend to the Planning Board and the Township Council the establishment and boundaries of Historic Districts and Landmarks where appropriate. The procedures and criteria for designation of Historic Districts and Landmarks are set forth in Subsection 25-30.3.
(c) 
To conduct research on and to nominate significant resources to the State and National Registers of Historic Places. If the Township is certified under the State's Certified Local Government (CLG) Program, the Commission shall, in accordance with the State's CLG Guidelines, review and comment on all State and National Register nominations for Historic Resources within the Township.
(d) 
To review all actions for issuance of permits or Certificates of Appropriateness pertaining to regulated activities and provide written reports to the Construction Official or Administrative Officer on the application of the zoning ordinance provisions concerning historic preservation pursuant to N.J.S.A. 40:55D-111.
(e) 
To prepare and distribute a Design Guidelines Handbook to be utilized for application review and to foster appropriate rehabilitation of Landmarks and Historic Districts.
(f) 
To advise the Planning Board and the Zoning Board of Adjustment on applications for development which may affect Historic Districts or Landmarks pursuant to N.J.S.A. 40:55D-110, including but not limited to subdivision and demolition applications.
(g) 
To 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.
(h) 
To advise the Planning Board on the inclusions of Historic Sites and Landmarks in the recommended capital improvement program.
(i) 
To advise the Township Council and Planning Board on the relative merits of proposals involving public funds to restore, preserve and protect historic buildings, places and structures, including the preparation of long-range plans therefor, the securing of State, Federal and other grants and aid to assist therein, and the monitoring of such projects once underway.
(j) 
To advise and assist Township officers, employees, boards and other bodies, including those at County, State and Federal levels, on all matters which have potential impact on the historic buildings, places and structures in the Township or on the physical character and ambiance of an historic district.
(k) 
To cooperate with local, County, State or national historical societies, government bodies and organizations to maximize their contributions to the intent and purpose of this section.
(l) 
It is recognized that certain elements of design, construction and materials important to proper historic preservation may not be consistent with current building codes or with zoning and similar regulations. Some instances may be unique to a certain building or situation, others may be more common. Accordingly, the Commission shall, when it considers it to be appropriate, draft and recommend to the Mayor, Township Council and Planning or Zoning Board ordinances or amendments to existing ordinances that would resolve such conflicts, institute or support action, where applicable, to obtain specific relief from the Zoning Board of Adjustment or Planning Board, to take such other steps as it finds appropriate in the circumstances.
(m) 
To secure the voluntary assistance of the public, and within the limits of the budget, to retain consultants and experts to assist the Commission in its work or to provide testimony in support of the Commission's position before other bodies, boards, commissions or courts.
(n) 
To aid the public in understanding the worth of Historic Resources, and to provide technical assistance to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners upon their request as to the accuracy or appropriateness of historic restoration or rehabilitation, including but not limited to materials, fenestration, architectural detail, environment and color.
(o) 
To carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including the preparation of publications, the placing of markers, and the collection and dissemination of materials on the importance of and techniques for historic preservation.
(p) 
To assemble and arrange for the proper care, cataloguing and availability of materials relevant to the Township's history.
(q) 
To request the Mayor and Township Council to seek, on its own motion or otherwise, injunctive relief of violations of this section or other actions contrary to the intent and purposes of this section.
3. 
Referrals.
(a) 
Every application involving a property listed in "The Historic Sites Survey," prepared by Robert Guter, dated July 1, 1992, to the West Orange Land Use Boards, either the Planning Board or the Board of Adjustment, shall be referred to the West Orange Historic Preservation Commission for its consideration and review to determine if any of the criteria for historic district or historic landmark designation be present and justify further review to consider the appropriateness of preservation.
(b) 
The Historic Preservation Commission shall complete its review of every application within 35 days of its referral to the HPC and shall present its written evaluation to the referring Board and to the Director of Planning within 10 days of the completion of its review.
(c) 
The properties listed in "The Historic Sites Survey," whether formally designated as historic or not, have been found to meet one or more elements or criteria for landmark or historic site treatment. A copy of that Survey, consisting of three volumes, is located in the Township's Planning Department, as well as at the Township's Public Library. That Survey shall be incorporated herein by reference and the West Orange Historic Preservation Commission shall be responsible for updating and maintaining the index for the entire Survey to identify the properties cited in it by street address as well as lot and block designation.