A. Establishment. Pursuant to the provisions of N.J.S.A. 40:55D-107 et seq., the Freehold Township Historic Preservation Commission, (hereafter "Commission") is hereby established and created.
B. Membership. The Commission shall consist of seven regular members and two alternates appointed by the Mayor. The Commission shall include members from each of the following classes: [Amended 12-18-2012 by Ord. No. O-12-23]
(1) Class A: a person 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: regular members who are not designated Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment, except for membership on the Planning Board. Of the regular members, a total of at least four must be of Class A and B. [Amended 12-22-2015 by Ord. No. O-15-26]
(4) Alternate members.
(a) Alternate members shall meet the qualifications of Class C members and at the time of their appointment shall be designated "Alternate Number 1" and "Alternate Number 2." Alternate members may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. In the event that a choice must be made as to which alternate member is to vote, Alternate Member Number 1 shall vote.
(b) No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
C. Term; vacancies; removal.
(1) Regular members shall serve for a period of four years. Initial appointments, however, shall be made in the following manner:
(a) Three regular members appointed for three years.
(b) Two regular members appointed for two years. [Amended 12-18-2012 by Ord. No. O-12-23]
(c) Two regular members appointed for one year. [Amended 12-18-2012 by Ord. No. O-12-23]
(d) Alternate Number 1 for two years.
(e) Alternate Number 2 for one year.
(2) Thereafter, the term of a regular member shall be four years and the term of an alternate member shall be two years. If the members of the Planning Board are appointed to membership on the Commission, their terms on the Commission shall be concurrent with their terms on their respective boards. [Amended 12-22-2015 by Ord. No. O-15-26]
(3) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
(4) A member of the Commission may, after public hearing if the member so requests, be removed by the governing body for cause.
A. Officers. Each year in the month of January, the Commission shall elect a Chairman and Vice Chairman from its members and select a secretary who may or may not be a member of the Commission or a municipal employee. [Amended 12-27-2005 by Ord. No. O-05-48]
B. Staff, experts, counsel, expenses and costs.
(1) The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Commission.
(2) The 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 Municipal Attorney at the rate of compensation determined by the governing body. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts, grants or other sources of self-generated revenue, the amount appropriated by the governing body for the Commission's use.
C. Meetings; procedures; decisions. The Commission shall reorganize annually, each January. The Commission may adopt such administrative rules, regulations, procedures and forms for applications by formal resolution, as shall provide for the orderly conduct of its business and processing of applications, provided that such rules, regulations and procedures shall not be inconsistent with any provision of this article. A quorum shall consist of five members. All Commission meetings shall be subject to the Open Public Meetings Act. To the extent practical, the procedures followed by the Commission as to public hearings, voting, etc., shall be patterned after those of a Planning Board pursuant to the Municipal Land Use Law. Decisions by the Commission shall be in writing by resolution setting forth findings of fact and conclusions of law. The Commission may follow the procedure for memorializing decisions as are permitted for Planning Boards.
D. Appeals. Unless otherwise provided in this article, whenever the Commission shall make a final decision pursuant to this article, the decision shall be subject to appeal to the Planning Board in the same manner as decisions of an administrative official pursuant to N.J.S.A. 40:55D-70(a). [Amended 12-22-2015 by Ord. No. O-15-26]
A. Powers and duties. The powers and duties of the Historic Preservation Commission shall be as follows:
(1) To prepare and to maintain guidelines for the appropriate architectural designs applicable to the exterior appearance of new construction and for the renovation, alteration, enlargement or other change to the exterior of structures that are located in a historic district zone or individual properties located elsewhere in the Township which have been designated historic landmarks.
(2) To review all applications relative to § 190-233 and make recommendations on proposed designs.
(3) To review and make recommendations on proposed designs and other design elements (e.g., exterior materials, signs, landscaping, exterior lighting, etc.) contained in site plans for new, enlarged or altered existing buildings designated as landmarks or located within a historic district.
(4) To review and make recommendations on design for all plans that call for the construction of new buildings or the improvement or demolition of existing buildings, in whole or in part, that are located in any historic district zone or individual buildings located elsewhere in the Township of Freehold that have been designated by the Township or other agency as a historic landmark.
(5) To study and prepare reports evaluating other areas or properties in the Township which, because of their recognized architectural/historical significance, would qualify as historic districts or historic landmarks. Such findings and recommendations shall be presented to the Planning Board for action thereon and shall be included in the list of properties designated as historic landmarks. The Commission may serve as advisor to owners of property seeking historic landmark designation for same.
(6) Prepare a survey of historic landmarks of the Township.
(7) Make recommendations to the Planning Board on the historic preservation plan element of the Master Plan and on the implication of preservation of historic landmarks of any other Master Plan elements.
(8) Advise the Planning Board and Township Committee on the inclusion of historic landmarks in the recommended capital improvement program.
(9) Advise the Planning Board on applications for development. [Amended 12-22-2015 by Ord. No. O-15-26]
(10) Provide written reports on the application of the zoning provisions concerning historic preservation, to the administrative officer in charge of issuance of building permits.
(11) Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township, including serving as the Township's archivists and participating in education programs dealing with preservation for schools, senior citizens and others.
(12) Assist other public bodies in aiding the public in understanding historic resources, their significance and methods of preservation.
(13) Compile and monitor notices regarding use of detection-type devices; consider, determine and condition the granting of requests for provision to dig, disturb, or remove anything from historic landmarks.
(14) Advise the Township Committee on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, sites and structures, including the preparation of a long-range plan therefor; securing state, federal and other grants and aid to assist therein; and monitoring such projects once underway;
(15) Recommend to the Planning Board and the Township Committee the establishment and boundaries of historic districts where appropriate.
(16) Recommend to the Planning Board the granting of use variances where such are deemed to be within the intent and purposes of this article. [Amended 12-22-2015 by Ord. No. O-15-26]
(17) Secure the voluntary assistance of the public and (within the limits of the budget established by the Township Committee for the Commission's operation) to retain consultants and experts and incur expenses to assist the Commission in its work and to provide testimony in support of the Commission's position before other bodies, boards, commissions or courts.
(18) Cooperate with local, county, state, or national historical societies, governmental bodies and organizations to maximize their contributions to the intent and purposes of this article.
(19) Recommend to the applicable county, state, and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or districts.
(20) Request the Township Committee to seek, on its own motion or otherwise, injunctive relief for violations of this article or other actions contrary to the intent and purpose of this article.
(21) To provide recommendations, input and advice relative to sites of historic interest to the same extent as to historic landmarks and to buildings, structures, sites and/or objects within an historic district; however when application for a construction permit relating to a sale of historic interest has caused the Commission's jurisdiction to be invoked, any such recommendation, input and advice would be purely advisory and have no binding effect.
(22) The Commission shall on or before January 14 of each year provide to the Township Committee, Township Clerk, Township's Planning Board, Construction Official and administrative officer an update list of all properties designated as historic landmarks, sites of historic interest and those included within an historic district. Throughout the year, the Commission shall update such lists as designations change. [Amended 12-22-2015 by Ord. No. O-15-26]
B. Compatibility with other agencies.
(1) The responsibilities, powers and duties of the Commission shall not conflict with or supersede the powers and duties of any other board or agency within the Township of Freehold.
(2) If the Planning Board is required, as part of the review of a development application, to pass upon an action relating to an historic landmark or property within an historic district, over which the Commission would otherwise have binding authority, the Commission shall make a recommendation to the reviewing board which shall consider such recommendation in making its final decision. In those circumstances, the final decision shall be reserved for the reviewing board after considering the recommendation of the Commission. [Amended 12-22-2015 by Ord. No. O-15-26]
A. Word usage. For the purpose of this article, unless the context clearly indicates a different meaning:
(1) The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
(3) The word "used" includes the words "intended to be used" or "arranged to be used."
(4) The word "occupied" includes the words "intended to be occupied," "designed to be occupied" or "arranged to be occupied."
(5) The word "demonstrate" means to provide such visual, written or oral information as will enable the Commission or other reviewing agency or board to render an informed opinion or decision thereon.
B. Definitions. As used in this article, the following terms shall have the meanings indicated:
ADDITION The construction of a new improvement as a part of an existing improvement when such new improvement changes the exterior appearance of any landmark.
ADMINISTRATIVE OFFICER The person designated to handle the administration of building permit applications as referenced in this article.
AFFECTING A LANDMARK OR HISTORIC DISTRICT Any act which alters or changes a historic landmark or an improvement within a historic district.
ALTERATION Any work done on any existing improvement which:
(1) Is not an addition to that improvement; or
(2) Changes the appearance of the exterior surface of any improvement.
BUILDING A structure created to shelter human activity of any kind.
DEMOLITION The partial or total razing or destruction of any building, structure, or of any improvement within a historic district or of any historic landmark.
HISTORIC DISTRICT A geographically definable area possessing a significant linkage, or continuity of sites, buildings, structures, and/or objects which when viewed collectively:
(1) Represent a significant period in the development of the Township; or
(2) Have a distinctive character resulting from their architectural style; or
(3) Because of their distinctive character can readily be viewed as an area or neighborhood distinct from surrounding portions of the Township.
HISTORIC DISTRICT RESOURCES Resources within a historic district shall be classified either as key, contributing, or noncontributing which are defined as:
(1) KEY Any buildings, structures, sites or objects which due to their significance would individually qualify for landmark status.
(2) CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.
(3) NONCONTRIBUTING Any buildings, structures, sites, or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period, or method for which the district is significant.
HISTORIC LANDMARKS (OR LANDMARK) Any buildings, structures, sites, objects, or districts which possess integrity of location, design, setting, materials, workmanship, or association, and which have been determined pursuant to the terms of this chapter, to be:
(1) Of particular historic significance to the Township of Freehold by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state, county or community; or
(2) Associated with historic personages important in national, state, county or local history; or
(3) The site of a historic event which had a significant effect on the development of the nation, state, county or community; or
(4) An embodiment of the distinctive characteristics of a type, period, or method of architecture or engineering; or
(5) Representative of the work of an important builder, designer, artist, engineer or architect; or
(6) Significant for containing elements of design, detail, materials, or craftsmanship which represent a significant innovation; or
(7) Able or likely to yield information important in prehistory or history.
IMPROVEMENT Any structure or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation for a period of not less than 120 continuous days.
OBJECT A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting, environment or event.
REPAIR Any work done on any improvement which:
(1) Is not an addition to the improvement; and
(2) Does not change the appearance of the exterior surface.
REPLACEMENT Repairs when a building permit is required for same.
SITE The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may both have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archaeological significance.
SITES OF HISTORIC INTEREST Any buildings, structures, sites, objects or districts which, although not given historic landmark designation under this chapter are an important historical asset to the community which it is felt would benefit from the advice and input of the Commission.
STRUCTURE Any man-made work arranged in a definite pattern of organization.
