A. Establishment. The Landmarks Commission presently in existence is hereby continued and pursuant to N.J.S.A. 40:55D-107 et seq. is to consist of seven (7) regular members of the following three (3) classes who shall be appointed by the Mayor and who shall be interested in and qualified to contribute to the preservation of historic landmarks. and districts:

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

Class B. At least one (1) person who is knowledgeable or has a demonstrated interest in local history and who may reside outside the Township.

Class C. No more than four (4) other residents of the Township who shall hold no other municipal office, position or employment except for membership on the Planning Board or Board of Adjustment. (see also subsection F. below).

B. Terms. The term of a regular member shall be four (4) years. All members may be eligible for reappointment to four (4) year terms. Notwithstanding any other provision herein, the term of any member common to the Landmarks 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 Landmarks Commission and the Board of Adjustment shall be for the term of membership on the Board of Adjustment.

The terms of the members first appointed pursuant to N.J.S.A. 40:55D-107 et seq. 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, provided that the initial term of no regular member shall exceed four (4) years.

C. Vacancies. A vacancy occurring otherwise than by expiration of term shall be filled by appointment as above provided for the balance of the unexpired term only.

D. Removal. A member of the Landmarks Commission may, after public hearing if he requests it, be removed by the Township Committee for cause.

E. Organization of Board. The Landmarks 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 chairman and a vice chairman.

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 obligations to advise the Planning Board, Zoning Board, Township Committee or Administrative Officer.

6. No Commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.

F. Township Committee Liaison. A member of the Middletown Township Committee shall be designated as liaison between the Landmarks Commission and the Committee and shall be an exofficio member of the Landmarks Commission.

G. Expenses, Experts and Staff. The Township Committee shall make provisions in its budget and appropriate funds for the expenses of the Landmarks Commission. The Landmarks 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 Township Attorney at the rate of compensation determined by the Township Committee. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Committee for the Commission's use.

H. Powers and Duties. The Landmarks Commission may adopt such rules and regulations as may be necessary to carry into effect the provisions and purposes of this Chapter. The Landmarks Commission shall have the following powers and duties:

1. To identify and record historic buildings, structures, sites, objects, or districts, and evaluate these resources against the criteria for an historic district or historic landmark set forth in Section 16-941.B of this Ordinance. 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.

2. To advise and assist the Planning Board in the preparation of an historic preservation plan element of the Master Plan and regarding the implications for preservation of historic sites of any other master plan element and on the inclusion of historic sites in the recommended 6-Year Capital Improvement Program.

3. To advise the Planning Board and Zoning Board of Adjustment on applications for development which may affect historic landmarks or districts pursuant to Section 16-941.D.

4. To review all actions for issuance of permits pertaining to regulated activities and provide written reports to the Administrative Officer on the application of the Zoning Ordinance provisions concerning historic preservation pursuant to Section 16-941.D.

5. To recommend to the Township Committee sites and districts to be designated as historic landmarks or historic districts in accordance with the procedures established in Section 16-315.1.

6. To conduct research on and to nominate significant resources to the State and National Register 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 of Middletown.

7. To recommend to the Planning Board guidelines for review to be utilized in determinations of historic landmark status and for review of projects affecting historic landmarks or improvements within historic districts. The Planning Board may recommend modifications of the guidelines and shall make the final decision as to their adoption.

8. To assist other public bodies in aiding the public in understanding historic resources' significance and methods of preservation.

9. To advise the Township Committee on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long range plan, therefore securing State, Federal and other grants and aid to assist therein and monitoring such projects once underway.

10. To secure the voluntary assistance of the public and, within the limits of the budget established by the Township for the Landmarks Commission's operation to retain consultants and experts and incur expenses to assist the Landmarks Commission in its work.

11. To cooperate with local, County, State or National historic societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this Ordinance.

12. To request the Township Committee to seek, on its own motion or otherwise, injunctive relief for violations of this Ordinance or other actions contrary to the intent and purposes of this Ordinance.

13. To prepare and distribute a design guidelines handbook to be utilized for application reviews and to foster appropriate rehabilitation of landmarks and historic districts.

14. To advise and assist property owners and other persons and groups including neighborhood organizations who are interested in historic preservation.

15. To assist educational programs including the preparation of publications and the placing of historic markers.

16. To report at least annually to the Township Committee on the state of historic preservation in the Township and recommend measures to improve same.

17. To collect and disseminate material on the importance of historic preservation and techniques for achieving same.

18. To advise all Municipal Agencies regarding goals and techniques of historic preservation.

19. To adopt and promulgate such regulations and procedures not inconsistent with this Ordinance as are necessary.

I. Recommendations for Historic Designation. At such time as the Landmarks Commission chooses to recommend that the Township Committee amend the Zoning Map to designate a building, structure, site, object or district as a historic landmark and/or historic district, the procedures outlined below shall be followed:

1. For each landmark or district, the Landmarks Commission shall prepare a report of its recommendation. 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 the significance of the landmark pursuant to the criteria set forth in Section 16-941. For historic district nomination, the report shall include a building-by-building inventory of all properties within the district, black and white photographs of all properties within the district, a property map of the district showing boundaries, and a physical description and a statement of the significance of the district pursuant to the criteria set forth in Section 16-941.

2. The Landmarks 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.

3. A copy of the Landmarks Commission report shall be made available for public inspection at least ten (10) days prior to the hearing.

4. Notice of the hearing shall be given at least ten (10) 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 to the owners of real property within the area being considered for 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 proposed for designation by street address or 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 Landmarks Commission report is available for public inspection.

5. Upon completion of its public hearing, the Landmarks Commission shall forward its recommendation including a copy of the report and a copy of the minutes of the hearing to the Township Committee for consideration. Township Committee action on recommendations for designation of a historic landmark or district shall be subject to those procedures and statutes which apply to the change of a zoning designation and the adoption, revision, or amendment of any development regulation.