179.01
Creation and purpose of the Clarksburg Historic Landmarks Commission.
179.02
Members; qualifications; term; compensation.
179.03
Officers; meetings; quorum; rules.
179.04
Employees.
179.05
Offices and expenses; other appropriations.
179.06
Meeting minutes.
179.07
Annual report; reports to the Department of Culture and History.
179.08
Commission powers and duties.
179.09
Restriction on use of property designated as historic landmark.
179.10
Notice to County Assessor of designation of Historic District.
179.11
Coordination.
179.12
Notice and public hearing.
(a) Creation. There is hereby established the Clarksburg Historic Landmarks Commission pursuant to the authority given by West Virginia Code 8-26A-1 et seq. Said Clarksburg Historic Landmarks Commission is hereinafter referred to as the "Commission."
(b) Purpose. The purpose of the Commission is to engage in historic preservation and further those legislative determinations set forth in West Virginia Code 8-26A-1.
(Ord. 20-35. Passed 11-19-20.)
The Commission shall consist of five members appointed by Council.
(a) Qualifications. All members shall be residents of the City. One member shall be a member of Council. Members shall be drawn from among persons with demonstrated interest, competence or knowledge in historic preservation and local history and demonstrate a vocational experience in preservation and associated disciplines. To the extent such persons are available in the City at the time of appointment, members should be preservation-related professionals. To the extent such persons are available in the City at the time of appointment, at least three members shall have a demonstrated special interest, experience or education in historic preservation or in professions related to historic preservation, such as history, public history, architecture, architectural history, planning, real estate, American studies, geography, landscape architecture or law.
(b) Term. The member of Council appointed by Council to serve on the Commission shall serve a term commensurate with such member's Council term. Of the remaining original members, one shall be appointed to serve for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. Thereafter, members shall be appointed to a term of four years. A member may be appointed for a second consecutive term, but after two consecutive full terms, a member shall be ineligible for reappointment until a calendar year has elapsed since the date of such member's second term.
(c) Removal. Members shall serve at the will of Council and Council by resolution may remove a member or multiple members at any time with or without cause.
(d) Method of Filling Vacancies. If a member dies, resigns, or is removed, or a vacancy in the membership shall otherwise occur, then Council shall appoint by resolution a replacement member as soon as reasonably practicable; provided that such resolution may be at a regular meeting of Council and no special meeting is required. Such replacement member shall serve for the balance of the unexpired term.
(e) Compensation: Reimbursement for Expenses. Commission members shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of duties.
(Ord. 20-35. Passed 11-19-20.)
(a) Officers. At its first regular meeting in each calendar year, the Commission shall elect from its members a president, a vice president, and a secretary-treasurer. The vice president shall have the power and authority to act as president during the absence or disability of the president.
(b) Meetings. The Commission shall fix the time for holding regular meetings but shall meet at least once in each of the months of January, April, July, and October. The Commission may meet more often as it determines or requires. Reasonable notice of the time and place of meetings shall be given to the public. All meetings shall conform to the West Virginia open Governmental Proceedings Act, West Virginia Code Article 6-9A, as amended.
(c) Quorum. A majority of the members of the Commission shall constitute a quorum. No action of the Commission shall be official, unless authorized by a majority of all members of the Commission at a properly constituted regular or special meeting.
(d) Votes. The vote of each Commission member shall have equal weight.
(e) Rules. The Commission shall adopt and publish rules of procedure upon approval of Council. (Ord. 20-35. Passed 11-19-20.)
Council shall provide the Commission with suitable space for holding of meetings and the preservation of plans, maps, documents, and accounts. Council shall have plenary power and authority to appropriate funds for expenditure by the Commission to accomplish the purposes of this article and may provide funding for the operating expenses of the Commission by appropriating a sum sufficient to defray such expenses.
(Ord. 20-35. Passed 11-19-20.)
The Commission shall keep permanent minutes of all its meetings. The minutes shall record attendance of its members, its resolutions, findings, recommendations, and actions. The Commission minutes from a meeting shall be forwarded to Council within two weeks after the date of such hearing. The Commission minutes shall be a public record and available to the public upon request. (Ord. 20-35. Passed 11-19-20.)
(a) Annual reports shall be prepared and submitted to Council and to the State Historic Preservation office of the Department of Culture and History within sixty days after the end of the fiscal year or the portion of the fiscal year in the first year of establishment of the Commission. The report shall include, at a minimum, new designations made, progress on survey activities and commission attendance records, as well as budget requests and recommendations.
(b) The Commission shall prepare and submit reports of Commission activities to the Historic Preservation officer in the Department of Culture and History as required by administrative regulations promulgated by that agency. Such report shall include a report on all proposed National Register nominations for properties within the boundaries of the Commission's jurisdiction.
(Ord. 20-35. Passed 11-19-20.)
(a) General Powers. To the extent authorized by West Virginia Code Article 8-26A, as amended, the Commission shall act as a regulatory agency with respect to the construction, renovation, alteration or restoration of structures designated as historical landmarks, by the Federal, State or local government. Rules and regulations, including action under subsection (b)(5) and (6) hereof shall have the same effect as ordinances passed by Council until altered, repealed, revoked or amended by Council.
The Commission shall be independent of the City Planning Commission: provided that
no rule or regulation of the Commission shall conflict with any plan of such Planning Commission. Prior to any favorable recommendation to Council by the Planning Commission with respect to construction, renovation, alteration, or restoration of structures designated by proper authorities as historical buildings, such Planning Commission shall obtain from the Commission its certificate of approval with respect to the proposed project.
(b) Special Powers. The Commission shall have plenary power and authority to:
(1) Make a survey of, and designate as historic landmarks, buildings, structures, and districts which constitute the principal historical and architectural sites which are of local, regional, statewide or national significance in accordance West Virginia Code§ 8-26A-6, as amended;
(2) Prepare a register of buildings, structures, sites and districts which meet the requirements of subsection (a) of this section, publish lists of such properties and, with the consent of the property owners, inspect such properties from time to time and publish a register thereof from time to time setting forth appropriate information concerning the registered buildings, structures, sites, and districts;
(3) Review applications for certificates of appropriateness and grant or deny the same in accordance with West Virginia Code § 8-26A-7, as amended;
(4) With the consent of the property owners, mark with appropriately designed markers, buildings, structures, and sites which it has registered;
(5) Establish standards for the care and management of designated historic landmarks and withdraw such certification for failure to maintain the standards so prescribed;
(6) Acquire by purchase, gift, or lease and administer registered landmarks and easements and interests therein, both real and personal;
(7) Lease or sell property so acquired under terms and conditions designed to ensure the proper preservation of the historic landmark in question;
(8) Aid and encourage the Council and Harrison County to adopt ordinances and resolutions for the preservation of landmarks and historic districts, their buildings, structures, and character;
(9) Prepare and place historical markers on or along the highway or street closest to the location which is intended to be identified by such marker;
(10) Seek the advice and assistance of individuals, groups and departments and agencies of government who or which are conducting historical preservation programs and coordinate the same insofar as possible;
(11) Seek and accept gifts, bequests, endowments and funds from any and all sources for the accomplishment of the functions of the Commission;
(12) Adopt rules and regulations concerning the operation of the commission, the functions and responsibilities of its officers, employees, assistants and other personnel and such other matters as may be necessary to carry out the purposes of the Commission; and
(13) Adopt such other rules and regulations as may be deemed necessary to effectuate the Commission's purposes, but no such rules and regulations shall be inconsistent with any plan of the planning commission of the City of Clarksburg or Harrison County: Provided, that in no case shall such rules and regulations take precedence over other ordinances adopted by Council.
(Ord. 20-35. Passed 11-19-20.)
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