§ 258-1. Findings; purpose.
§ 258-2. Historic Preservation Commission.
§ 258-3. Membership; class qualifications.
§ 258-4. Appointment of members, terms; vacancies.
§ 258-5. Chairman; Vice Chairman; Secretary.
§ 258-6. Regulations.
§ 258-7. Compensation of members.
§ 258-8. Compensation of experts and other staff.
§ 258-9. Powers and duties.
§ 258-10. Referral from and reporting to Planning Board and Zoning Board of Adjustment.
§ 258-11. Other reports.
[HISTORY: Adopted by the Council of the City of Perth Amboy 11-19-1993 as Ord. No. 691-93. Amended in its entirety 9-22-2010 by Ord. No. 1528-2010. Amendments noted where applicable.]
Zoning and land development - See Ch. 430.
The City Council finds and declares that many improvements, as herein defined, having special character or a special historical or aesthetic interest or value and many improvements representing the finest architectural products of distinct periods in the history of the city have been uprooted, notwithstanding the feasibility of preserving and continuing the use of such improvements and without adequate consideration of the irreplaceable loss to the people of the city and its visitors of the aesthetic, cultural and historical values represented by such improvements. The City Council also finds and declares that the quality of life in Perth Amboy cannot be maintained or enhanced by disregarding the historical and architectural heritage of the city and by countenancing the destruction of such cultural assets. The City Council further finds that the historic heritage of the city is among its most valued and important educational, cultural and economic assets. The City Council therefor declares as a matter of public policy that the protection, enhancement, perpetuation and use of improvements of special character or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The City Council wishes to provide for the protection of historic districts, sites and structures within the city in order to:
A. Protect and improve the quality of its environment through identification, recognition, conservation, maintenance and enhancement of districts, sites, structures, fixtures and open spaces which constitute or reflect distinctive features of the political, economic, social, cultural or architectural history of the city and its distinctive physical features.
B. Safeguard the city's historic, aesthetic and cultural heritage as embodied and reflected in such districts, sites, structures, fixtures and open spaces.
C. Foster appropriate use and wider public knowledge and appreciation of such features, districts, landmarks and open spaces.
D. Foster a sense of community and a feeling of civic pride in the beauty and noble accomplishments of the past.
E. Enhance the city's attractions to visitors and the support and stimulus to business and industry thereby provided.
F. Make the city more attractive and encourage residents to remain in Perth Amboy as well as attract new residents.
G. Strengthen the economy of Perth Amboy and stabilize and improve property values herein.
H. Promote the use of landmarks for the education, pleasure and welfare of the people of Perth Amboy and its visitors.
I. Resist and restrain environmental influences adverse to such purposes.
J. Encourage private and public efforts in support of such purposes and, by furthering such purposes, promote the public welfare, strengthen the cultural and educational life of the city and make the city a more attractive and desirable place to live and work.
There is hereby created in and for the City of Perth Amboy a Historic Preservation Commission pursuant to and in conformance with N.J.S.A. 40:55D-107 et seq.
A. [Amended 3-1-1994 by Ord. No. 709-94] The Historic Preservation Commission shall consist of nine (9) regular members and may have not more than two (2) alternate members. There shall be one (1) member each of Class A and B and seven (7) members of Class C. Class qualifications shall be as follows:
(1) Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality.
(2) Class B: a person who is knowledgeable or with a demonstrated interest in local history and who may reside outside the municipality.
(3) Class C: 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.
B. Alternate members shall meet the qualifications of Class C members.
A. 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, if any, as Alternate No. 1 and Alternate No 2.
B. 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 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 an alternate member shall be two (2) years.
C. 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, and the term of any member common to the Historic Preservation Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.
The Historic Preservation Commission shall select 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 Commission shall create rules and procedures for the transaction of its business subject to the following regulations:
A. A quorum for the transaction of business shall consist of five (5) of the Commission's members, including the Chairman or, in his absence, the Vice Chairman.
B. 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 public records.
C. All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
D. 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.
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 the member requests it) be removed by the governing body for cause.
The Commission members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of official business. The governing body shall make
provision in its budget and appropriate funds for the expenses of the 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 Corporation Counsel at the rate of compensation determined by the governing body unless the governing body, 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 governing body for the Commission's use.
The Historic Preservation Commission shall have the responsibility to:
A. Prepare a survey of historic sites of the city pursuant to criteria identified in the survey report.
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 and the City Council on the inclusion of historic sites in the recommended capital improvement program.
D. Advise the Planning Board and the Board of Adjustment on applications for development, pursuant to Section 267-10 of this chapter.
E. Provide written reports, pursuant to Section 267-11 of this chapter, on the application of Chapter 430, Zoning and Land Development, concerning historic preservation.
F. Carry out such other advisory, educational and informational functions as will promote historic preservation in the City of Perth Amboy.
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 in historic zoning districts or on historic sites designated on the Zoning or Official Map or in any component element of the Master Plan. 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 (1) 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 for 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 Chapter 430, Zoning and Land Development, concerning historic preservation, to any of those aspects of the proposed change, which aspects where 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.
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, the chairman of the Historic Preservation Commission may act in the place of the full Commission for purposes of this section.
The Historic Preservation Commission shall report to the administrative officer within forty-five (45) days of the 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 to be used, 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 of the permit.