Public Township Council Meeting — Packet

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

DRAFT PROPOSED REVISIONS – OCTOBER 2011 needs of its business, to handle emergencies, or to meet time constraints imposed by the law. 2. Responsibilities. The Historic Preservation Commission shall have the following duties and responsibilities: (a) To identify, record and maintain a system for survey and inventory of all districts, buildings, sites, structures and objects of historical or architectural significance based on the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (Standards and Guidelines for Identification), as amended and/or supplemented. The survey and inventory of Historic Resources shall be compatible and coordinated with the Office of New Jersey Heritage's statewide inventory. The survey material shall be reviewed and, if necessary, updated at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition. The inventory shall be used as a basis for identifying properties in the Township worthy of designation as Historic Landmarks and Districts. (b) To recommend to the Planning Board and the Township Council the establishment and boundaries of Historic Districts and Landmarks where appropriate. The procedures and criteria for designation of Historic Districts and Landmarks are set forth in subsection 25-30.3. (c) To conduct research on and to nominate significant resources to the State and National Registers of Historic Places. If the Township is certified under the State's Certified Local Government (CLG) Program, the Commission shall, in accordance with the State's CLG Guidelines, review and comment on all State and National Register nominations for Historic Resources within the Township. (d) To review all actions for issuance of permits or Certificates of Appropriateness pertaining to regulated activities and provide written reports to the Construction Official or Administrative Officer on the application of the zoning ordinance provisions concerning historic preservation pursuant to N.J.S.A. 40:55D-111. (e) To prepare and distribute a Design

Administrative Officer on the application of the zoning ordinance provisions concerning historic preservation pursuant to N.J.S.A. 40:55D-111. (e) To prepare and distribute a Design Guidelines Handbook to be utilized for application review and to foster appropriate rehabilitation of Landmarks and Historic Districts. (f) To advise the Planning Board and the Zoning Board of Adjustment on applications for development which may affect Historic Districts or Landmarks pursuant to N.J.S.A. 40:55D-110, including but not limited to subdivision and demolition applications. (g) To 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. (h) To advise the Planning Board on the inclusions of Historic Sites and Landmarks in the recommended capital improvement program. (i) To advise the Township Council and Planning Board on the relative merits of proposals involving public funds to restore, preserve and protect historic buildings, places and structures, including the preparation of long-range plans therefor, the securing of State, Federal and other grants and aid to assist therein, and the monitoring of such projects once underway. (j) To advise and assist Township officers, employees, boards and other bodies, including those at County, State and Federal levels, on all matters which have 179

DRAFT PROPOSED REVISIONS – OCTOBER 2011 potential impact on the historic buildings, places and structures in the Township or on the physical character and ambiance of an historic district. (k) To cooperate with local, County, State or national historical societies, government bodies and organizations to maximize their contributions to the intent and purpose of this section. (l) It is recognized that certain elements of design, construction and materials important to proper historic preservation may not be consistent with current building codes or with zoning and similar regulations. Some instances may be unique to a certain building or situation, others may be more common. Accordingly, the Commission shall, when it considers it to be appropriate, draft and recommend to the Mayor, Township Council and Planning or Zoning Board ordinances or amendments to existing ordinances that would resolve such conflicts, institute or support action, where applicable, to obtain specific relief from the Zoning Board of Adjustment or Planning Board, to take such other steps as it finds appropriate in the circumstances. (m) 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. (n) To aid the public in understanding the worth of Historic Resources, and to provide technical assistance to property owners on how to preserve, restore and rehabilitate structures, and to advise property owners upon their request as to the accuracy or appropriateness of historic restoration or rehabilitation, including but not limited to materials, fenestration, architectural detail, environment and color. (o) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including the preparation of

or. (o) To carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including the preparation of publications, the placing of markers, and the collection and dissemination of materials on the importance of and techniques for historic preservation. (p) To assemble and arrange for the proper care, cataloguing and availability of materials relevant to the Township's history. (q) To request the Mayor and Township Council to seek, on its own motion or otherwise, injunctive relief of violations of this section or other actions contrary to the intent and purposes of this section. (Ord. No. 904-88 § 25-6.9B; Ord. No. 1007-90) 25-30.3 Historic District and Landmark Designation. The purpose of this subsection is to provide the means of designating Historic Districts and Landmarks in the Township of West Orange that are worthy of preservation. a. Procedures. At such time as the Historic Preservation Commission chooses to recommend amendment of the Master Plan and Zoning Map to designate a building, site, structure, object or district as an Historic Landmark or District, the procedures outlined below shall be followed: 1. For each Landmark or District, the Commission shall prepare a report of its recommendations. For Historic District nomination, the report shall include: a statement describing it as a Type I or Type II District; an inventory of all buildings or structures within the proposed District, including the age of each, accompanied by black and white photographs of each; a property map of the District showing boundaries; a physical description and statement of significance as per the nomination standards for the 180

DRAFT PROPOSED REVISIONS – OCTOBER 2011 National Register of Historic Places. For Historic Landmark nomination, the report shall include: a black and white photograph, a tax map of the property, and a physical description and statement of significance as per the nomination standards for the National Register of Historic Places. Nothing herein shall prevent a particular building or structure that is less than fifty (50) years of age at the time of a District designation from being regulated as historic at a later date provided that the provisions of this ordinance are followed. 2. The Historic Preservation Commission shall conduct a public hearing on its proposed recommendations, at which time interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for Landmark or District designation. Since the function of the Historic Preservation Commission will respect to designation is advisory only, it is intended that the public hearing be informal, without the need for transcription of minutes or testimony under oath. 3. A copy of the Commission report shall be made available for public inspection at least thirty (30) days prior to the hearing. 4. Notice of the hearing shall be given at least thirty (30) days prior to the date of the hearing by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township, and by certified mail and regular mail to the owners of record of real property within the area being considered for District designation and to the owner of record of real property being considered for Landmark designation. The notice shall state the date, time, and place of the hearing; the nature of the matters to be considered; identification of the property(ies) proposed for designation by street address and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's Office; the significance and consequences of such designation; and the location and times at which the Commission report is available for public inspection. 5. Within thirty (30) days following the public hearing on the proposed Landmark or District, the Commission shall make revisions to its report as it

rt is available for public inspection. 5. Within thirty (30) days following the public hearing on the proposed Landmark or District, the Commission shall make revisions to its report as it deems appropriate based on its consideration of the comments and suggestions made at the public hearing, and shall forward its final report, including its recommendations, to the Planning Board, Administrative Officer, Mayor and Township Council for their consideration in amending and supplementing the Township's Master Plan and Zoning Map. Such further action as shall be taken for designation of an Historic Landmark or District shall be subject to those statutory procedures which apply to the change of a zoning designation and the adoption, revision, or amendment of any development regulation. 6. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Planning Board with respect to its adoption or amendment of the Master Plan or component parts thereof, including the adoption of any resolution, within ninety (90) days of receipt of the Commission's final report. 7. To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Township Council with respect to its adoption or amendment of the Zoning Ordinance, or any part thereof, including the adoption of the Ordinance, within ninety (90) days of receipt of the Commission's final report, during which time, and from the time of the Commission's publication of its initial report, there shall be no alterations or improvements made to the Landmark or District sought to be designated in a manner which would be prohibited if such property(ies) were to be designated. 181

DRAFT PROPOSED REVISIONS – OCTOBER 2011 8. Copies of the list of designated Historic Districts and Landmarks shall be made public and distributed to all municipal agencies reviewing development applications, building permits and housing permits. b. Criteria for Designation. The historic inventory and survey shall be used as a basis for identifying properties worthy of designation as Historic Landmarks and Districts. The criteria for evaluating and designating Historic Landmarks and Districts shall be in accordance with the National Register Criteria, which are as follows: 1. The quality of significant in American history, architecture, archeology, engineering, and culture is present in districts, landmarks, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and; (a) That are associated with events that have made a significant contribution to the broad patterns of our history; or (b) That are associated with the lives of persons significant in our past; or (c) That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (d) That have yielded, or may be likely to yield, information important in prehistory or history. (Ord. No. 904-88 § 25-6.9C; Ord. No. 1007-90; Ord. No. 1584-98 § 2; Ord. No. 1728- 00 § 1) c. Designated Landmarks. The following sites have been designated as Historic Landmarks: Comment [PG89]: added to make ordinance more user-friendly 1. Block 39, Lot 56 (29 South Valley Road). 2. Block 39, Lot 61.01 (21 South Valley Road). 3. Block 60, Lot 2 (13 Main Street) 4. Block 66, Lot 1 (177 Main Street) 5. Block 89, Lot 68 (Llewellyn Park Gate House) 6. Block 115, Lot 30.01 (Edison National Historic Site) 7. Block 177.08, Lot 20 (695 Eagle Rock

Block 66, Lot 1 (177 Main Street) 5. Block 89, Lot 68 (Llewellyn Park Gate House) 6. Block 115, Lot 30.01 (Edison National Historic Site) 7. Block 177.08, Lot 20 (695 Eagle Rock Avenue) 8. Block 177.12, Lot 60 (757 Eagle Rock Avenue) 25-30.4 Review by Historic Preservation Commission. a. Purpose. To accomplish the purposes of this section, the Township has adopted provisions for design review, intended to: 1. Encourage the continued use of historic landmarks and facilitate their appropriate reuse; 2. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects, or districts within the Township; 3. Foster beautification and both private and public reinvestment; 4. Manage change by preventing alteration or new construction not in keeping with a historic character of Landmarks or Districts; 182