Conference/Public Meeting Agendas/Documents — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 based on what is needed to determine the suitability and distribution of soil types present at the location of the control measure. 7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 25-29.10. 8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the Municipal Engineer, waive submission of any of the requirements in subsections 25-29.9c,1. through 6. of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process. (Ord. No. 2063-06 § 9) 25-29.10 Maintenance and Repair. a. Applicability. 1. Projects subject to review as in subsection 25-29.1c. of this ordinance shall comply with the requirements of subsection 25-29.10b. and c. b. General Maintenance. 1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development. 2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation. 3. Responsibility for maintenance shall not be assigned or transferred to

tion to dedicate a stormwater management facility to such person under an applicable ordinance or regulation. 3. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. 4. If the person responsible for maintenance identified under subsection 25-29.10b,2. above is not a public agency, the maintenance plan and any future revisions based on subsection 25-29.10b,7. below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. 5. Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings. 6. The person responsible for maintenance identified under subsection 25-29.10b,2. above shall maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders. 174

DRAFT PROPOSED REVISIONS – OCTOBER 2011 7. The person responsible for maintenance identified under subsection 25-29.10b,2. above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. 8. The person responsible for maintenance identified under subsection 25-29.10b,2. above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsections 25-29.10b,6. and 7. above. 9. The requirements of subsections 25-29.10b,3. and 4. do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency. 10. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. c. Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53. d. Penalties. Any responsible person who violates any portion or section of this ordinance shall be subject to those specified in Chapter I, Section 1-5 of these Revised General Ordinances. (Ord. No. 2063-06 § 10) 25-29.11 Severability. If the provisions of any subsection, paragraph, subdivision, or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision, or clause of this ordinance. (Ord. No. 2063-06 § 11) 25-29.12 Repealer. All other ordinances

der of judgment shall not affect or invalidate the remainder of any subsection, paragraph, subdivision, or clause of this ordinance. (Ord. No. 2063-06 § 11) 25-29.12 Repealer. All other ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. (Ord. No. 2063-06 § 12) 25-29.13 Effective Date. This ordinance shall take effect upon the approval by the County review agency, or sixty (60) days after submission to the County review agency if they fail to act. (Ord. No. 2063-06 § 13) 25-30 HISTORIC PRESERVATION COMMISSION. 25-30.1 General Provisions. a. Purpose. The purpose of this section is to promote the educational, cultural, economic and general welfare of the Township through the preservation of historic buildings, structures, sites, objects, and districts of historic interest, through the development and maintenance of appropriate settings for such places, and through collateral activities, to document and to promote the public enjoyment of such places, which impart to residents and visitors alike a 175

DRAFT PROPOSED REVISIONS – OCTOBER 2011 distinct aspect of the Township and which serve as visible reminders of the historical and cultural heritage of the Township, the State and the Nation. b. Definitions. As used in this section: Administrative Officer shall mean the Director of Planning and Development. Commission shall mean the West Orange Historic Preservation Commission. Historic District shall mean one (1) or more historic sites, buildings, structures or objects and contiguous or surrounding property significantly affecting or affected by the quality and character of such sites, buildings, structures or objects. A Type I Historic District shall mean one in which fifty (50%) percent or more of the individual buildings or structures comprising the District are more than fifty (50) years of age. A Type II Historic District shall mean one in which less than fifty (50%) percent of the individual buildings or structures comprising the District are more than fifty (50) years of age. Historic Property or Historic Resource shall mean a district, site, building, structure or object significant in American history, architecture, engineering, archaeology or culture at the national, State, County or local level. Integrity shall mean the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period. Inventory shall mean a list of Historic Properties determined to meet specified criteria of significance. Landmark shall mean any real property manmade structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historic, archaeological, cultural, scenic, or architectural significance. National Register Criteria shall mean the established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places. Preservation shall mean the act or process of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing

, integrity and material of a building or structure, and the existing form and vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. Protection shall mean the act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, erosion, loss or attack, or to cover or shield the property from danger or injury. Reconstruction shall mean the act or process of reproducing by new construction the exact form and detail of a vanished building, structure or object, or any part thereof, as it appeared at a specified period of time. Rehabilitation shall mean the act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values. Restoration shall mean the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work. (Ord. No. 904-88 § 25-6.9A; Ord. No. 1007-90; Ord. No. 1584-98 § 1) 176

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-30.2 Historic Preservation Commission. a. Establishment/Membership. There is hereby established an Historic Preservation Commission to be appointed pursuant to statute by the Mayor. The Commission shall consist of seven (7) regular members and two (2) alternate members who shall serve without compensation, and who shall be interested in and able to contribute to the preservation of historic districts, sites, buildings, structures, and objects. At the time of appointment, members shall be designated by the following classes: 1. Class A—A person who is knowledgeable in building design and construction or architectural history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the Professional Qualifications set forth for the disciplines of architecture, historic architecture, or architectural history in subsection 25-30.5. 2. Class B—A person who is knowledgeable, or with a demonstrated interest in, local history and who may reside inside or outside the Township. To the extent available in the community, the Mayor shall appoint professional members who meet the Professional Qualifications set forth for the discipline of history in subsection 25-30.5. 3. Class C—Residents of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board or the Zoning Board of Adjustment. At least one (1) member shall be designated in Class A, and one (1) member in Class B. Of the seven (7) regular members, at least three (3) members shall be of Classes A and B. At least one (1) resident of an Historic District shall be appointed to the Commission. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2," and shall meet the qualifications of Class C members. A member of the Main Street Development Corporation shall be designated as liaison between the Commission and the Corporation, and shall be an ex-officio member of the Commission. b. Terms. The term of a regular member shall be four (4) years and the term of an alternate member shall be two (2)

nd the Corporation, and shall be an ex-officio member of the Commission. b. Terms. The term of a regular member shall be four (4) years and the term of an alternate member shall be two (2) years. Nothwithstanding any other provision herein, the term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board, the term of any member common to the Commission and the Zoning Board of Adjustment shall be for the term of membership on the Zoning Board of Adjustment; and the term of any member common to the Commission and the Main Street Development Corporation shall be for the term of membership on the Main Street Development Corporation. The terms of the members first appointed pursuant to N.J.S.A. 40:55D-107 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 the initial term of no alternate member shall exceed two (2) years. 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. c. Conflicts of Interest. No member of the Commission shall be permitted to participate in or vote on any matter in which (s)he has, either directly or indirectly, any personal or financial interest. Unless a member resides or owns property within two hundred (200) feet of property which is the subject of an application, mere residence in a designated Historic District and/or 177

DRAFT PROPOSED REVISIONS – OCTOBER 2011 ownership of a designated Historic Landmark shall not be deemed a personal or financial interest. d. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled within forty-five (45) days by appointment as above provided for the unexpired term only. e. Removal. A member of the Commission may, after public hearing if (s)he requests it, be removed by the Mayor and Township Council for cause. f. Organization of Board. The Commission shall adopt written rules and procedures for the transaction of its business, subject to the following: 1. The Commission shall elect from its members a Chairperson and a Vice Chairperson. 2. A quorum for the transaction of all business shall be four (4) members. 3. All Commission minutes and records are public records and all Commission meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7, et seq.) 4. The Commission shall employ, designate or elect a Secretary who need not be a member of the Commission. 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 made public record. 5. Commission meetings shall be scheduled at least once every month or as often as required to fulfill its obligation to advise the Mayor, Planning Board, Zoning Board, Township Council or Administrative Officer. 6. The office of any member who shall be absent from three (3) consecutive meetings of the Commission without just cause may be deemed vacant at the discretion of the Mayor, and his or her membership on the Historic Preservation Commission terminated. If the Commission determines that a member is absent from any meeting without just cause, it shall be duly noted in the minutes of that meeting, and it shall be the duty of the Chairperson to so notify that member in writing. The mailing of the minutes of a particular meeting to the Commission members shall constitute written notice to each member. g. Expenses, Experts and Staff. 1. The Mayor and Township Council shall make provisions in the budget and appropriate

embers shall constitute written notice to each member. g. Expenses, Experts and Staff. 1. The Mayor and Township Council shall make provisions in the budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Township Council for the Commission's use. 2. The Commission shall employ an Historic Preservation Officer who is a professional in the field of architectural history, historic preservation or similar discipline, to coordinate its activities, and to advise the Commission on applications before it. 3. The Director of Planning and Development, the Construction Official, the Township Engineer, and all other departments of the Township government shall provide such technical assistance as the Historic Preservation Commission and Officer may require. 4. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council. h. Powers and Duties. 1. Meetings. 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 178