Town of Boonton, NJ Article VII Historic Preservation Commission

[Added by Ord. No. 45-92]

§ 300-28 Creation and membership.

Pursuant to the provisions of N.J.S.A. 40:55D-107 there is hereby established an Historic Preservation Commission consisting of seven regular members and two alternate members.

A. The Historic Preservation Commission shall consist of at least one member of each of the following classes of members:

(1) Class A. A person who is knowledgeable in building design and construction or architectural history and who may reside outside the Town.

(2) Class B. A person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the Town.

(3) Class C. Class C shall be those members who are not designated as Class A or Class B citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board.

B. The Mayor 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 section shall be so determined that to the greatest practicable extent, the expiration of the term 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 term shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of regular member shall be four years, and the term of an alternate 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 Planning Board shall be for the term of membership on the Planning Board.

C. Alternate members shall meet the qualifications of Class C members. 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.

D. 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. 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 Town Attorney at the rate of compensation determined by the Mayor and Board of Aldermen, unless the Mayor and Board of Aldermen, by appropriation provide for a separate legal counsel for the Commission. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Board of Aldermen for the Commission's use.

E. No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

F. A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the Mayor and Board of Aldermen for cause.

§ 300-29 Responsibilities.

The Historic Preservation Commission shall have the responsibility to:

A. Prepare a survey of historic sites in the Town pursuant to criteria identified in the survey reports;

B. 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;

C. Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program;

D. Advise the Planning Board on applications for development pursuant to § 300-30;

E. Provide written reports pursuant to § 300-31 of this chapter on the application of the Zoning Ordinance provisions concerning historic preservation; and

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

§ 300-30 Referrals by Planning Board.

The Planning Board shall refer to the Historic Preservation Commission every application for development submitted to the Board for development in historic preservation districts or on historic sites designated on the Zoning Map or Official Map identified in any component element of the master plan or the Zoning Ordinance. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer the application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may 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 report which may have been submitted.

§ 300-31 Applications for permits.

[Amended 7-20-2009 by Ord. No. 20-2009]

A. All applications for issuance of permits pertaining to historic sites or property in historic districts shall be referred to the Historic Preservation Commission for a written report on the application of the Zoning Ordinance provisions concerning historic preservation to any of those aspects of the change proposed, which aspects were not determined by approval of any application for development by a municipal agency pursuant to the MLUL. The Historic Preservation Commission shall submit its report to the Planning Board which shall report to the Administrative Officer.

B. In the case of a referral by the Administrative Officer of a minor application for the issuance of a permit pertaining to historic sites or property in historic districts, as defined in Article II, the Chairman of the Historic Preservation Commission may act in the place of the full Commission for purposes of this section and the Chairman of the Planning Board may act in place of the full Board.

C. The Historic Preservation Commission shall report to the Administrative Officer within 45 days of the review and approval for signage. 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. Upon any denial, the applicant shall have the right to file an application with the Planning Board for review. Any review shall also include referral to the Historic Preservation Commission.