[MC 2002-29 § 17:4-1, December 2, 2002]
The Historic Preservation Commission previously established
is hereby continued.
[MC 2002-29 § 17:4-2, December 2, 2002]
The Historic Preservation Commission shall consist of nine (9)
regular members and two (2) alternate members. All members are to
be appointed by the Mayor with the advice and consent of City Council.
Existing members will continue to serve the balance of their respective
terms. Members at the time of the passing of this chapter shall serve
without compensation and shall be interested in or qualified to contribute
to the preservation of historic resources. At the time of appointment,
members shall be designated by the following classes:
A person who is knowledgeable in building design and construction
or architectural history.
A person who is knowledgeable, or with a demonstrated interest
in, local history.
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.
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Alternate members shall meet the qualifications of Class C members.
At the time of appointment, alternate members shall be designated
as "Alternate No. 1" and "Alternate No. 2." Of the nine (9) regular
members, at least four (4) members shall be of Classes A and B. All
members shall reside in the City. No more than four (4) members may
reside outside of Historic Districts.
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[MC 2002-29 § 17:4-3, December 2, 2002]
The terms of the members first appointed under the 1991 Ordinance
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 (4) years after their appointment,
and in the case of alternate members, evenly over the first two (2)
years after their appointment; provided that the initial term of no
regular member shall exceed four (4) years and that the initial term
of no alternate member shall exceed two (2) years. Thereafter, the
term of a regular member shall be four (4) years; the term of an alternate
member shall be two (2) years. A vacancy occurring otherwise than
by expiration of term shall be filled within sixty (60) days for the
unexpired term only. Notwithstanding any other provision herein, the
term of any member common to the Historic Preservation Commission
and the Planning Board shall be for the term of membership on the
Planning Board; and the term of any member common to the Historic
Preservation Commission and the Zoning Board of Adjustment shall be
for the term of membership on the Zoning Board of Adjustment. The
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.
[MC 2002-29 § 17:4-4, December 2, 2002]
A vacancy occurring otherwise than by expiration of term shall
be filled within sixty (60) days as above for the unexpired term only.
[MC 2002-29 § 17:4-5, December 2, 2002; amended 10-11-2022 by Ord. No.
MC 2022-35]
No member of any Historic Preservation Commission shall be permitted
to act on any matter in which said member has, either directly or
indirectly, any personal or financial interest.
A member of the Historic Preservation Commission may, after
a public hearing, if requested, be removed by the Administration or
Plainfield City Council for cause.
[MC 2002-29 § 17:4-6, December 2, 2002]
The Historic Preservation Commission shall elect a Chairperson
and Vice-Chairperson from its members and select a Secretary who need
not be a member of the Commission and may be a City employee.
[MC 2002-29 § 17:4-7, December 2, 2002; MC 2005-25
§ 1, December 19, 2005; amended 10-11-2022 by Ord. No. MC 2022-35]]
The Plainfield City Council 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 Plainfield City Council unless the Plainfield City Council
by appropriation provides for separate legal counsel for the Commission.
Expenditures pursuant to this section shall not exceed, exclusive
of gifts or grants, the amount appropriated by the Plainfield City
Council for the Commission's use.
The Commission shall appoint a consultant who is a recognized
professional in the field of architectural history, historic preservation
or similar discipline to advise the Commission on applications before
it. If the consultant has rendered an oral or written opinion, the
Commission must consider the opinion of the consultant in rendering
its decision and must give a statement of reasons in the event that
the consultant's recommendations are not followed.
The City Administrator, administrative officer and the Director
of the Department of Economic Development shall provide such technical,
administrative and clerical assistance as the Historic Preservation
Commission shall require. For budgeting and purchasing purposes, however,
the Commission shall be allocated its own budget.
[MC 2002-29 § 17:4-8, December 2, 2002]
The Historic Preservation Commission shall adopt written rules
for the transaction of its business and for the consideration of applications
for Certificates of Appropriateness and for designations of historic
districts and sites. Such rules shall not be inconsistent with the
provisions of this section of the City zoning ordinance and shall
include but not be limited to rules pertaining to all notices and
hearings required herein.
In order to make available to the public information useful
to the preservation and protection of historic resources and to provide
the basis for consistent policy, the Commission shall maintain complete
files and records including, but not limited to, data used in the
classification of buildings, places and structures, minutes of Commission
meetings, applications for Certificates of Appropriateness along with
collateral data, decisions and appeals associated therewith, and information,
materials and references submitted to the public related to historic
preservation.
Such materials shall be the property of the City but held in
the custody of the Commission which shall keep a complete file of
all records in the offices of the Division of Planning and Community
Development, the City libraries or other suitable facilities or depositories
and lend materials from time to time for public display.
[MC 2002-29 § 17:4-9, December 2, 2002; amended 10-11-2022 by Ord. No.
MC 2022-35]
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 law.
Five (5) 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. Not less than a
majority of the appointed membership shall be required to designate
or dedesignate a historic site or district.
A formal verbatim record of the proceedings shall be kept and
made available.
[MC 2002-29 § 17:4-10, December 2, 2002; amended 10-11-2022 by Ord. No.
MC 2022-35]
Editor's Note: Prior § 17-4.10, Informational meetings,
was repealed by Ord. No. MC 2022-35.
[MC 2002-29 § 17:4-11, December 2, 2002]
When a structure or improvement requires immediate repair to
preserve the continued habitability of the structure and/or the health
and safety of its occupants or others, emergency repairs may be performed
in accordance with City Codes, without first obtaining a Certificate
of Appropriateness. Under such circumstances, the repairs performed
shall be only such as are necessary to protect the health and safety
of the occupants of the structure or others and/or to maintain the
habitability of the structure. A request for the Commission's review
shall be made simultaneously with the onset of emergency work. Such
emergency work shall be permitted only if the Construction Official
certifies to the administrative officer the immediate necessity for
such permit issuance. Upon notice by the administrative officer to
the full Historic Preservation Commission by telephone, personal contact
or other appropriate means of communication, at least three (3) members
of the Commission shall convene as soon as possible and such convening
members shall proceed to review the Certificate of Appropriateness
application as provided in this chapter. Subsequent to such review,
a Certificate of Appropriateness may be issued upon a majority vote
of the members convened.
[MC 2002-29 § 17:4-12, December 2, 2002; amended 10-11-2022 by Ord. No.
MC 2022-35]
The Historic Preservation Commission shall have the following
duties, powers and responsibilities:
A.
To identify, record and maintain a system for survey and inventory
of all buildings, sites, places, landmarks and structures of historical
or architectural significance based on the United States Secretary
of the Interior's Standards and Guidelines for Archaeology and Historic
Preservation (Standards and Guidelines for Identification); and to
aid the public in understanding their worth, methods of preservation,
techniques of gathering documentation and related matters.
B.
To advise the Planning Board on the relationship of the historic
preservation plan element of the master plan to other master plan
elements.
C.
To advise the Planning Board on the inclusion of historic sites and
landmarks in the recommended capital improvement program.
D.
(Reserved)
F.
To draft and recommend to the Planning Board ordinances or amendments
to existing ordinances that would resolve any conflicts which may
exist between the design standards of the historic preservation ordinance
and the building or zoning regulations of the City.
H.
To advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110 and Section 17:10-8.
I.
To purchase estates, easements, rights, restrictions and less than
fee acquisitions, with the approval of City Council, and to acquire
grants, assistance or aid either outright or in exchange in order
to further the intent and purposes of this article and the welfare
of the City. The Commission may negotiate and recommend such arrangements
subject, however, to approval of the City Council as necessary for
any monetary expenditures, and, at the direction of City Council.
Corporation Counsel shall assist the Commission in such arrangements.
J.
(Reserved)
K.
To assemble and arrange for the proper care, cataloging and availability
of materials relevant to the City's history.
L.
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.
M.
To cooperate with local, County, State or national historical societies,
governmental bodies and organizations to maximize their contributions
to the intent and purposes of this article.
N.
To recommend to applicable County, State and Federal agencies, where
appropriate, recognition and protection of historic districts and
historic sites and to review National and State Register nominations.
O.
(Reserved)
P.
To carry out such other advisory, educational and informational functions
as will promote historic preservation in the municipality.
