A.
Establishment. There is hereby established within the City of Bordentown
an Historic Preservation Commission (HPC), whose members shall serve
without compensation. The Historic Preservation Commission shall act
as the Historic Preservation Commission pursuant to the Municipal
Land Use Law N.J.S.A. 40:55D-107 et seq.
B.
Members. The Commission shall be comprised of seven regular members
and two alternates. At least one member shall be appointed from each
of the following classes, including no greater than a total of two
members from Classes A and B:
(1)
Class A: A person who is knowledgeable in building design and construction
or architectural history and may reside outside the City; and
(2)
Class B: A person who is knowledgeable in, or who has demonstrated
an interest in, local history and who may reside outside the City;
and
(3)
Class C: Citizens of the City who shall hold no other City office,
position or employment, except for membership on the Planning Board
or Zoning Board of Adjustment. Class C members should have at a minimum
a demonstrated interest in history, historic preservation or a related
field.
C.
Alternate members.
(1)
Two alternate members shall also serve on the Commission. They must
qualify as Class C members and shall be designated as "Alternate No.
1" or "Alternate No. 2" at the time of appointment.
(2)
Alternate members may participate in all Commission discussions during
proceedings but may not vote except in the absence or disqualification
of a regular member. In the event that a choice must be made as to
which alternate member is to vote, "Alternate No. 1" shall vote. A
vote shall not be delayed in order that a regular member vote instead
of an alternate member.
A.
Appointments. The mayor shall appoint all members of the Historic
Preservation Commission and shall designate at the time of appointment
the regular members by class and alternate members as "Alternate No.
1" and "Alternate No. 2". The mayor shall appoint a full membership,
including regular and alternate members, within 60 days from the effective
date of this chapter.
B.
Terms. The terms of the members first appointed shall be so determined
that, to the greatest practicable extent, the expiration of the terms
shall be distributed, in 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 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. All
terms shall run from January 1 of the year in which the appointment
was made.
C.
Vacancies. A vacancy occurring otherwise than by expiration of a
term shall be filled within 60 days for the unexpired term only.
D.
Planning Board. No more than two members of the Historic Preservation
Commission shall simultaneously serve as a member on the Planning
Board or Zoning Board of Adjustment.
E.
Quorum. The presence of four members at a meeting shall constitute
a quorum; this quorum may include alternate members filling vacancies
of regular members due to absence or disqualifications. A majority
vote of those present and voting shall prevail, and shall be sufficient
to grant or deny a certificate of appropriateness, except a C/A regarding
a demolition permit. A majority of the appointed membership shall
be required to recommend a change or addition to a landmark or historic
district, or to grant a certificate of appropriateness regarding a
demolition permit.
F.
Member removal. The City governing body may remove a member of the
Historic Preservation Commission for cause, after public hearing if
he or she so requests it.
Elections. The Historic Preservation Commission shall annually
elect a Chair and Vice-Chair from its members and select a Secretary,
who may or may not be a member of the Historic Preservation Commission
or a municipal employee. (See N.J.S.A. 40:55D-107c.) The terms of
the elected officers shall run for a one-year period beginning in
January of each year.
A.
Rules and procedures. The Historic Preservation Commission shall
recommend to the City governing body for adoption written rules and
procedures for the transaction of its business and for the consideration
of applications for certificates of appropriateness and for the designation
of historic landmarks and historic districts. Such rules and procedures
shall not be inconsistent with the provisions of this chapter and
shall include but not be limited to rules pertaining to all notices
and hearings required herein.
B.
Meetings schedule. The Historic Preservation Commission shall establish
a regular schedule of monthly meetings, and shall meet unless there
is no Historic Preservation Commission business to be conducted. Additional
meetings may be called by the Chairperson or Vice-Chairperson as required
to fulfill the Historic Preservation Commission's obligations
under this chapter.
C.
Minutes and records. The Historic Preservation Commission Secretary
shall transfer all meeting minutes and records of all meetings and
proceedings, including agendas, voting records, attendance, resolutions,
reports, findings, determinations, decisions and applications, which
shall be public documents and made available to the general public
for inspection or through the Open Public Records Act. All meetings
shall be noticed, have a previously advertised agenda, and conducted
in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et
seq.), and applicants shall be notified of decisions in writing. Copies
of all Historic Preservation Commission meeting minutes and records
shall be delivered to the City Clerk, maintained at City Hall, and
available to the public. A record of Historic Preservation Commission
proceedings shall be kept and made publicly available. Minutes shall
include the reasons for Historic Preservation Commission decisions,
but a formal verbatim record shall not be required. The Historic Preservation
Commission may, at its absolute discretion, make unofficial duplicates
of some or all of its records available to the public by electronic
means such as Internet website.
D.
Copies of records. Copies of records shall be made available to municipal
bodies, agencies, and officials for their use. When the Planning Board
or the Zoning Board of Adjustment refers an application to the Historic
Preservation Commission, then the referring Board shall receive a
copy of the Historic Preservation Commission's report.
E.
Boundaries map. The City Construction and Planning Offices shall
maintain and display an up-to-date map showing the boundaries of all
areas designated as historic landmarks and districts.
F.
Personal interest. No member of the Historic Preservation Commission
shall be permitted to act on any matter in which he or she has, either
directly or indirectly, any personal or financial interest. Unless
a member resides or owns property within 200 feet of property that
is the subject of an application, mere ownership or residence in a
designated historic district and/or ownership of a designated historic
landmark or a nondesignated property shall not be deemed a personal
or financial interest.
G.
Rules, regulations, and guidelines. All rules, regulations, and guidelines
of the Historic Preservation Commission shall be subject to the approval
of the City governing body and shall be made available to the public
and applicants at City Hall for inspection.
The duties and responsibilities of the Historic Preservation
Commission shall be as follows:
A.
Resources. To prepare, record, and maintain a system for the survey
and inventory of historic resources within the City using criteria
that is compatible with National Park Service Bulletin Number 24,
Guidelines for Architectural Surveys and coordinated with the State
of New Jersey Historic Preservation Office's statewide inventory;
B.
Designation recommendations. To make recommendations to the City
governing body, Planning Board, and Zoning Board of Adjustments for
the designation of historic landmarks and historic districts. The
recommendations shall be based on criteria established for inclusion
on the National Register;
C.
Plan recommendations. To make recommendations to the Planning Board
on the historic preservation plan element of the master plan, capital
improvement program, and on the implications for preservation of historic
sites on any other master plan elements;
D.
Applications. To advise the Planning Board and Zoning Board of Adjustment
on applications referred to the Historic Preservation Commission for
development, alterations, demolition, and new construction affecting
designated landmarks and historic districts by recommending the denial
or grant of an application;
E.
Determinations. Review and render determinations regarding applications
for certificates of appropriateness as set forth in this chapter,
including those that are not referred from either the Zoning or Planning
Boards;
F.
Advisory role. To act in an advisory role to other officials and
departments of the City government, county Planning Board, and other
agencies as appropriate for preservation of historic resources, design,
and protection of cultural resources regarding the designation and
protection of cultural resources;
G.
Liaison. To act as a liaison on behalf of the City to individuals
and organizations concerned with historical preservation;
H.
Education. To work toward the continuing education of citizens within
the City regarding historic preservation issues and concerns;
I.
Professional experts. To ensure that when a discipline is not represented
on the Historic Preservation Commission and the Commission considers
an action (e.g., development application, National Register nominations)
which is normally evaluated by a professional in that specific discipline,
the Historic Preservation Commission shall obtain professional expertise
before rendering a decision. All professional experts, whether paid
or volunteer, must meet the applicable federal professional qualifications;
J.
Workshops. To ensure that all Historic Preservation Commission members
annually attend either a conference or training workshop on historical
preservation issues, land use, or related issues;
K.
Historic Registers. To review, monitor, and recommend, to the governing
body, any properties or districts for inclusion in the New Jersey
or National Registers of Historic Places;
L.
Grants. To monitor and recommend to the City governing body the submission
of any grants related to historic preservation;
M.
Other functions. To carry out such other advisory, educational and
informational functions as will promote historic preservation in the
City;
N.
Reports. To report annually to the Planning Board and the City governing
body on the state of historic preservation in the City and recommend
measures to improve same; and
O.
Materials. To collect and disseminate material on the importance
of historic preservation and techniques for achieving same.
A.
Expenses. The governing body shall make provision in its budget and
appropriate funds for the expenses of the Historic Preservation Commission.
B.
Compensations. The Historic Preservation Commission may employ, contract
for, and fix the compensation of experts, other staff, and services
as it shall deem necessary, in accordance with local and state guidelines
and laws. The Historic Preservation Commission shall obtain its legal
counsel from the municipal attorney at the rate of compensation determined
by the City governing body, unless the City governing body, by appropriation,
provides for separate legal counsel for the Historic Preservation
Commission Expenditures to this section shall not exceed, exclusive
of gifts or grants, the amount appropriated by the City governing
body for the Historic Preservation Commission's use.
Fees. The City governing body shall establish by ordinance reasonable
fees necessary to cover the expenses of administration and professional
services to aid the commission in its review of applications and development
reviews. These fees are in addition to any other required under any
portion of this or any other applicable City ordinance.
