N.J. Admin. Code § 7:50-6.153

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-6.153 - Authorities of municipal officials and agencies

(a) The Planning Board of each municipality shall have the following powers and duties:

1. To initiate, hear, review and make recommendations to the Pinelands Commission regarding designation of historic resources and districts of local Pinelands, national or state significance in accordance with the provisions of 7:50-6.154;

2. To initiate, hear, review and identify historic resources and districts of local Pinelands, national or state significance and recommend same to the governing body for designation in the zoning ordinance, in accordance with the provisions of 7:50-6.154 and the Municipal Land Use Law, 40:55D-1 et seq.;

3. To review and issue certificates of appropriateness in accordance with the provisions of 7:50-6.155 and 6.156 for any application for development which it is otherwise empowered to review;

4. To review and report on any matter related to this Part referred to it by the Pinelands Commission;

5. To make its general knowledge and expertise available upon reasonable written request to the Pinelands Commission or any agency of the municipality, county, state or federal government;

6. To consult with any county, state or national agency with special expertise in the area of historic resources;

7. To prepare and adopt plans implementing measures to preserve the cultural heritage of traditional Pinelands Villages;

8. To develop and maintain a manual of recommended rehabilitation techniques and the relationship of new construction to natural areas for the guidance of the public; and

9. To adopt rules of procedure which are not in conflict with the provisions of this Part and the Municipal Land Use Law, 40:55D-1 et seq.

(b) The Board of Adjustment shall review and issue certificates of appropriateness, in accordance with the provisions of 7:50-6.155 and 6.156 for any application for development which it is otherwise empowered to review.

(c) The governing body may by ordinance provide for an Historic Preservation Commission in accordance with the Municipal Land Use Law, 40:55D-1 et seq. The Historic Preservation Commission shall have those duties and responsibilities set forth in the Municipal Land Use Law, 40:55D-1 et seq. and shall:

1. Advise the Planning Board and Board of Adjustment on the issuance of certificates of appropriateness for all applications for development which otherwise require approval of the Boards; and

2. Unless the governing body expressly authorizes the Planning Board to do so, issue certificates of appropriateness, pursuant to 7:50-6.155 and 6.156, for all zoning, construction or other permits which are not issued pursuant to a valid site plan, conditional use, or variance approval granted by the Planning Board or Board of Adjustment.

(d) Where the governing body has not provided for an Historic Preservation Commission, the local permitting agency responsible for ruling on the application for development shall exercise the duties set forth in (c)2 above.

N.J. Admin. Code § 7:50-6.153