a. Purpose. The Township of Mahwah recognizes that it has sites, districts, structures, objects, roads and cemeteries of historic, architectural, archaeological, cultural and scenic significance. It is in the interest of the present and future residents of the Township of Mahwah and the State to:

1. Safeguard its historic, architectural, archaeological and cultural heritage by protecting, preserving and conserving these historic sites, districts, structures, objects, roads, and cemeteries;

2. Insure that new development is compatible with the elements listed above;

3. Promote a desirable visual environment through creative development techniques and maintain historic designs and arrangements;

4. Promote the conservation and enhancement of property values therefore strengthening the economy of the community;

5. Prevent degradation through inappropriate action related to historic sites, districts, structures, objects, roads, and cemeteries;

6. Preserve and promote the historic district as an essential element of Township character and identity;

7. Protect and enhance the community's attractions to residents and visitors;

8. Foster civic pride by affording the Township, interested persons, historical societies or organizations the opportunity to acquire or arrange for the preservation of historic sites, districts, structures, objects, roads, and cemeteries.

b. Definitions. As used in this Chapter, the following terms shall mean and include:

1. HISTORIC DISTRICT shall mean one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

2. HISTORIC SITE shall mean any real property, manmade structure, natural object or configuration or any portion or group of the foregoing which has been formally identified in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.

3. MINOR APPLICATION shall mean any application for a permit not in conjunction with an application for development to the Planning Board or Board of Adjustment shall be considered as a minor permit if. (a) there is no change to the structural members of the building, and (b) the estimated cost of the proposed work is less than five thousand ($5,000.00) dollars, and (c) less than five (5%) percent of the historic structure is affected by the proposed work. A demolition permit shall not be a minor application.

4. ORDINARY MAINTENANCE shall mean repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials having the same appearance.

5. REPAIR shall mean any work done on any improvement which:

(a) Is not an addition to the improvement; and

(b) Does not change the exterior architectural appearance of any improvement.

c. Commission Appointment; Qualifications; Terms; Vacancies; Procedure.

1. Membership. The Commission shall consist of nine (9) regular members and two (2) alternate members who shall serve without compensation and who will be appointed by the Mayor. The Commission shall elect annually from its membership a Chairperson to serve as presiding officer of the Commission, and a Vice-Chairperson. The Commission shall select a Secretary. The Secretary need not be a member of the Commission or Municipal employee. The Secretary may, as determined by the Commission and approved by the Township Business Administrator, be compensated for services rendered to the Commission. The members of the Commission shall be either from Class "A," Class "B" or Class "C." Class "A" members are defined as persons who are knowledgeable in building design and construction or architectural history and who may reside outside the Municipality. Class "B" members are persons who are knowledgeable or with a demonstrated interest in local history and who may reside outside the Municipality. Of the total members of the Commission, the total number of Class "A" and Class "B" members shall not be less than four (4) of the members.

All members not designated Class "A" or Class "B" members shall be considered Class "C" members. Class "C" members are persons who reside in the Municipality, hold no other municipal office, position or employment except for membership on the Municipal Planning Board or Board of Adjustment. All alternate members shall meet the qualifications of Class "C" membership.

2. Removal of Member/Vacancy. The Mayor and Township Council may remove any member of the Commission for cause on written charges served upon such member and after a hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel. The hearing may be held in public at the request of the member charged. A vacancy on such Commission occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as an original appointment.

3. Terms of Office. The term of a regular member shall be four (4) years. The terms of the regular members first appointed under this act shall be fixed so that to the greatest practicable extent the expiration of terms shall be distributed evenly over the first four (4) years after their appointments by divisions of the terms into three (3) one (1) year terms. The initial terms of office for alternate one members shall be for a one (1) year term and alternate two for a two (2) year term, each term expiring on June 30 of the calendar year of appointment. Terms for alternate members shall be for two (2) years.

4. Voting Procedures. 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. I shall vote.

5. Commission Records. The Commission 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 record. All meetings shall be posted in the Town Hall forty-eight (48) hours in advance; provided, however, that emergency meetings may be held without forty-eight (48) hours prior notice. The Commission meetings shall be subject to the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. No Commission member shall vote or participate in any meeting concerning any matter in which they have a direct or indirect personal interest, monetary or otherwise prohibited by the Township of Mahwah Code of Ethics, Chapter II, Section 2-24 et seq. of this Code.

d. Responsibilities of the Commission. The Historic Preservation Commission shall have the following responsibilities:

1. Prepare a survey of historic sites of the Township pursuant to criteria identified in the survey report;

2. 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;

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

4. Advise the Planning Board and Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110;

5. Provide written reports on the application of the zoning ordinance provisions concerning historic preservation on applications pursuant to N.J.S.A. 40:55D-111;

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

e. Appointment of Professionals. The Township Attorney shall be the attorney for the Commission at the rate of compensation determined by the Township Business Administrator. The Commission may employ or contract other experts and fix their compensation in accordance with the budget of the Commission. No Commission expense shall exceed the amount appropriated to it by the Township Council.

f. Funding. The Mayor and Township Council shall annually appropriate funds, within budget limitations for the operation of the Commission. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the governing body for the Commission's use. The Commission shall endeavor to avail itself of financial assistance from Federal, State or private sources. Subject to the approval of the Township Administrator and vote of the Commission, members may be reimbursed for reasonable expenses incurred in the performance of the Commission provided funds are available in the Commission's budget. The Historic Preservation Commission shall be assigned, for administrative purposes, to the Department of Inspections. (Ord. #1062, §§AI-AVI; Ord. #1313, §3)

The Planning Board and Board of Adjustment shall refer to the Historic Preservation Commission every application for development submitted to either Board for development on historic sites designated on the Zoning or Official Map or identified 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 report which may have been submitted. (Ord. #1313, §4)

a. Except for aspects of historic preservation determined by a Municipal agency in conjunction with an application for development under the preceding Code subsection 21-6.2, all applications for issuance of permits pertaining to historic sites shall be referred to the Historic Preservation Commission for a written report regarding the application of the Zoning Ordinance historic preservation provisions to the changes proposed in the permit application.

b. The Historic Preservation Commission shall submit its report to the administrative officer within forty-five (45) days of the referral of the permit application to the Historic Preservation Commission. If within the forty-five (45) 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. Failure to report within the forty-five (45) day period shall be deemed to constitute a report in favor of issuance of the permit and without the recommendation of conditions to the permit.

c. In the case of a minor application for the issuance of a permit pertaining to a historic site, the Chairman of the Historic Preservation Commission (or in his absence the Vice Chairman) may act in the place of the full Commission for purposes of this subsection 21-6.3. The Chairman shall submit his report within twenty-one (21) days of the referral of the minor permit application. (Ord. #1313, §5)

Commission shall not be required:

a. When a historic site requires immediate emergency repair to preserve the continued habitability of the landmark and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with Township codes, without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall only be such that are necessary to maintain the habitability of the structure. A request for the Commission's review shall be made as soon as possible and no additional work shall be performed upon the structure until an appropriate request for approval is made and obtained in accordance with the procedures set forth in this section. All work done under this section shall conform to the criteria set forth in subsection 24-18.4.

b. For changes to the interior of structures except for structures containing more than ten thousand (10,000) square feet.

c. For ordinary repairs and maintenance which do not constitute a change to the appearance of the structure. The following are the only activities which do not require Commission review according to this criteria.

1. Repair of existing windows and doors, using the same material. Installation of storm windows that are compatible with the architectural period or design of the subject structure.

2. Maintenance and repair of existing roof material, involving no change in the design, scale, material or appearance of the structure.

3. Repair of existing roof structures, such as cupolas, steeples, dormers and chimneys, using the same materials, which will not alter the exterior architectural appearance of the structure.

4. Replacement in kind of existing shingles, clapboards, or other siding maintaining the architectural integrity of the structure.

5. Maintenance and repair of existing shingles, clapboards or other siding, using the same materials that are being repairs or maintained.

6. Exterior painting of existing structures.

7. Repairs to existing signs, shutters, outdoor display, fences, hedges, street furniture, awnings, off street driveway and parking materials and sidewalks, using the same material of those items noted above being repairs. (Ord. #1313,§6)

**Webmasters Note: The previous 21-5.7 through 21-6.4 is current as per Supplement No. 9