[HISTORY: Adopted by the City Council of the City of Garfield 3-27-2001
by Ord. No. 2306 (Ch. 33 of the 1979 Code).
Amendments noted where applicable.]
This chapter shall be known by and may be referred to by the title of
the "Historic Preservation Ordinance of the City of Garfield."
The provisions of this chapter are intended to affect and accomplish
the protection, enhancement and perpetuation of especially noteworthy examples
and elements of the City's environment in order to:
A.
Safeguard the heritage of Garfield by preserving resources
within the City which reflect elements of its cultural, social, economic and
architectural history;
B.
Encourage the continued use of historic and/or noteworthy
buildings, structures, objects and sites and to facilitate their appropriate
reuse;
C.
Maintain and develop an appropriate and harmonious setting
for the historic and architecturally significant buildings, structures, sites
and districts within the City;
D.
Stabilize and improve property values within the City;
E.
Foster civic pride in the history and architecture of
the City;
F.
Encourage proper maintenance of and reinvestment in the
buildings and structures within the City;
G.
Regulate appropriate alteration of historic sites as
well as new construction within or near historic districts to ensure compatibility
with the existing environment and the Master Plan of the City;
H.
Discourage the unnecessary demolition or other destruction
of historic resources;
I.
Further the public's knowledge of the history and
development of the City and its appreciation of the City's historic sites;
J.
Enhance the visual and aesthetic character, diversity
and continuity and interest in the City and its neighborhoods;
K.
Encourage beautification and private investment in the
City;
L.
Promote the economic welfare of the City through the
preservation of its historic sites and landscapes.
A.
Establishment. There is hereby created in and for the
City of Garfield an Historic Preservation Commission pursuant to N.J.S.A.
40:55D-107 et seq.
B.
Composition.
(1)
The Commission shall consist of five members appointed
by the Mayor. The five members of the Commission shall fall within three classes
as follows:
(a)
Class A: a person who is knowledgeable in building design
and construction or architectural history.
(b)
Class B: a person who is knowledgeable of the local history
or has demonstrated interest in local history.
(c)
Class C: a citizen of the City who shall hold no other
municipal office, position or employment except for membership on the Planning
Board or Zoning Board of Adjustment.
(2)
Class C members are regular members who are not designated
as Class A or B.
(3)
Class A and Class B members may reside outside of the
City.
(4)
There shall be at least one Class A and at least one
Class B member.
C.
Alternate members. There shall be two alternate members
who shall be appointed by the Mayor with the advice and consent of the Council
and shall be designated at the time of the appointment as "Alternate No. 1"
and "Alternate No. 2." Alternate members shall meet the qualifications of
Class C members.
D.
Terms.
(1)
The initial terms of the regular members first appointed
under this chapter shall be so determined that to the greatest practicable
extent, the expiration of the terms shall be distributed evenly over the first
four years of their appointment, provided that the initial term of no regular
member shall exceed four years. Thereafter, the term of a regular member shall
be for four years. Notwithstanding any other provisions, the terms of any
member common to the Historic Preservation Commission and the Planning Board
shall be for the terms of the membership on the Planning Board and the terms
of any member common to the Historic Preservation Commission and the Board
of Adjustment shall be for the term of the membership on the Board of Adjustment.
(2)
In the case of alternate members, the initial terms shall
be distributed evenly over the first two years after their initial appointment,
provided that the initial term of no alternate member shall exceed two years.
Thereafter, the term of an alternate member shall be two years.
E.
Vacancies. Vacancy in any class, including alternate
members, occurring otherwise than by an expiration of term shall be filled
for the unexpired term only.
F.
Officers. The Historic Preservation Commission shall
elect a Chairman and a Vice Chairman from its members, shall select a secretary
who may or may not be a members of the Historic Preservation Commission or
a municipal employee.
G.
Voting by alternate members. Alternate members may participate
in discussions of the proceedings. They 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.
H.
Funding: staff.
(1)
The City Council shall make provisions in its budget
and appropriate funds for the expenses of the Historic Preservation Commission.
(2)
The Historic Preservation Commission may employ, contract
for, and affix the compensation of experts and other staff and services as
it shall deem necessary within its budget. The Commission shall obtain its
legal counsel from the municipal attorney at the rate of compensation to be
determined by the governing body. Expenditures pursuant to this section shall
not exceed, exclusive of gifts or grants, the amount appropriated by the governing
body for the Commission.
I.
Rules and organization of the Commission. The Commission
shall have the authority to adopt all rules and regulations necessary to carry
out its functions under the provisions of this chapter, including, but not
limited to, maintenance of records and procedures subject to the following:
(1)
No Commission member shall be permitted to act on any
matter in which he or she has, either directly or indirectly, business interest
as herein defined. Mere ownership of and occupation of an historic residence
shall not be deemed a personal or financial interest.
(2)
The Commission shall establish a regular schedule of
meetings at least once every month. Additional meetings may be called by the
Chairperson or Vice Chairperson as required to fulfill its obligations to
advise the Planning Board, Zoning Board or the City Council as deemed necessary.
(3)
All Commission minutes and records as kept and maintained
by the Commission's Secretary shall be public records and all Commission
meetings shall comply with the Open Public Meeting Act (N.J.S.A. 10:4-6 et
seq.).
(4)
A member of the City Council and a member of the Planning
Board shall be designated as liaison between those bodies and the Commission.
The role of such liaisons should be informational only and shall possess no
voting rights with regard to action taken by the Commission.
(5)
The Commission shall adopt written rules for the transaction
of its business and for the consideration of applications for certificates
of appropriateness for the designation of historic districts and sites.
(6)
When the Planning Board or Zoning Board of Adjustment
refers an application to the Historic Preservation Commission, then the referring
board shall receive a copy of the Commission's report.
(7)
The Construction Official shall maintain and display
an up-to-date map showing the historic districts, as well as a current listing
of historic sites.
(8)
A member of the Commission may, after a public hearing,
if requested, be removed by the governing body for cause.
(9)
Meetings; quorum.
(a)
The Historic Preservation Commission shall establish
and post in City Hall a schedule of meetings. Regular meetings shall be held
as scheduled unless canceled for lack of application to process.
(b)
Three members shall constitute a quorum. A majority vote
of those present and voting shall prevail, and shall be sufficient to grant
or deny a certificate of appropriateness. A majority shall be required to
grant or change an historic site or district designation or to grant a demolition
permit.
(c)
The Historic Preservation Commission shall prepare an
annual report to the governing body which shall be available to the public
and placed on file in City Hall. The report shall detail all activities, including
problem-solving, advice and support given.
J.
Powers and duties. The Historic Preservation Commission
shall have the responsibility to:
(1)
Prepare a survey of historic sites of the City pursuant
to criteria identified in the survey report.
(2)
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.
(3)
Advise the Planning Board on the inclusion of historic
sites in the recommended capital improvement program.
(4)
Advise the Planning Board and Board of Adjustment on applications for development, pursuant to § 27-4 of this chapter.
(6)
Designate individual buildings that possess historical
or architectural value, as historic landmarks, under criteria established
by the Commission.
(7)
Establish reasonable rules and regulations, subject to
the approval of the City Council, for the erection, alteration, restoration,
demotion and use of buildings or structures which are historic landmarks.
(8)
Seek the voluntary cooperation for the preservation of
historic landmarks by those owning, leasing, possessing or having an interest
of record concerning same.
(9)
Obtain the cooperation of all appropriate federal, state
and local governmental authorities for the preservation of historic landmarks
and the enforcement of all laws relating to same.
(10)
Seek financial assistance from public and private sources
and, where necessary, the acquisition by lease, purchase or otherwise of properties
by public or private sources for the preservation of historic landmarks as
a public purpose use.
(11)
Recommend to appropriate federal, state and local governmental
authorities, when it is deemed necessary in the public interest, the institution
of any action or proceeding to preserve historic landmarks and the correction
of abatement of all violations of law relating to the same.
(12)
Promote educational, civic and cultural enrichment programs
and events designed to encourage the historic development of the City of Garfield
and its residents.
(13)
Carry out such other advisory, education and informational
functions as will promote historic preservation in the City.
The Planning Board and Board of Adjustment shall submit to the Historic
Preservation Commission a copy of every application submitted to either board
for development on historic sites designated on the Zoning or Official 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 pertaining to historic sites
shall be referred to the Historic Preservation Commission for a written report
on the application of the Zoning Ordinance[1] 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 administrative officer 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 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.
In addition to the Historic Preservation Commission, there shall be
constituted an advisory subcommittee to consist of no more than 30 members
who may or may not be members of the Historic Preservation Commission. The
aforementioned advisory subcommittee shall be in the nature of an advisory
board only, with no budget or official powers, and shall not be subject to
the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
The functions of this advisory subcommittee shall be to assist and advise
the Historic Preservation Commission with respect to its cultural and civic
responsibilities and to assist in sponsoring of historic events. The membership
of this advisory subcommittee shall be appointed by the Mayor and Council
annually for terms of one year.
Nothing contained herein shall supersede the powers of other local governmental
bodies, relieve any property owner of complying with the requirements of any
state statute or local ordinance or regulation or prevent the ordinary maintenance
or repair of a historical landmark.
