Heritage Commission
Rules of Procedure
Rules under which the commission operates,
Adopted November 14, 2002
- GENERAL
- Authority.
The Amherst Heritage Commission (hereinafter the Commission) was established by the voters of
the Town of Amherst at Town Meeting of March 12, 2002. Pursuant to
RSA § 676:1,
the Commission has adopted these Rules of Procedure to prescribe the method of conducting its
business pursuant to
RSA § 673,
RSA § 674,
RSA § 676,
and RSA § 91-A.
- Amendment.
Amendments to these Rules of Procedure shall be adopted at a regular meeting of the Commission
in accordance with the same requirements of Historic District Commissions outlined in
RSA § 675:6
and shall be placed on file with the Zoning Administrator for public inspection.
- Interpretation.
These Rules of Procedure are based upon the most current statutes governing land use boards as
of its writing (updated with legislation through Chapter 297 of the 2001 Session of the General
Court). Whenever the requirements of these Rules of Procedure are at variance with those of any
other lawfully adopted rules, regulations, ordinances, or statutes, the requirements that are
most restrictive or that impose the higher standard shall govern.
- Severability.
If any section, subsection, sentence, clause, phrase or other part of these Rules of Procedure
is for any reason held by a court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of these Rules of Procedure.
- Definitions.
Unless specifically defined below, words or phrases in these Rules of Procedure shall be
interpreted to give them the same meaning as they have in the Amherst Zoning Ordinance and/or
in common usage so as to give these rules their most reasonable application.
- Abutter.
Any person whose property is located in the Town of Amherst
and adjoins or is directly across the street or
stream from the land under consideration by the Commission. For
purposes of receiving testimony only and not for purposes of
notification, the term abutter shall include any person who is able
to demonstrate that his property will be directly affected by the
proposal under consideration.
- Alternate
Member. A member of the Commission who, at the direction of
the chairperson, serves in the absence or disqualification of a
regular member of the Commission.
- Applicant(s). The owner(s) of the property.
- Building
Permit (or Permit). A certificate issued by the Zoning
Administrator permitting the building, alteration, installation,
repair, or change of buildings, land, or uses as regulated by the
Zoning Ordinance.
- Certificate
of Approval (or Certificate). A certificate issued by the
Historic District Commission indicating its approval of an
application to alter, repair, construct, add onto, move, demolish,
or change the use of a structure or a site within a Historic
District.
- Certified
Local Government. A city or town that has met specific
standards enabling participation in certain National Historic
Preservation Act programs.
- Commission.
Commission shall mean the Heritage Commission of the Town
of Amherst, New Hampshire.
- Conservation
Restriction. A right to prohibit or require, a limitation upon,
or an obligation to perform, acts on or with respect to, or uses of,
a land or water area, whether stated in the form of a restriction,
easement, covenant or condition, in any deed, will, or other
instrument executed by or on behalf of the owner of the area or in
any order of taking, which right, limitation, or obligation is
appropriate to retaining or maintaining such land or water area,
including improvements thereon, predominantly in its natural,
scenic, or open condition, or in agricultural, farming, open space
or forest use, or in any other use or condition consistent with the
protection of environmental quality.
- Ex
Officio Member. Any member of the Commission who holds office
by virtue of an official position and who shall exercise all the
powers of a regular member of the Commission.
- Historic
Property (or Historic Resource). Any prehistoric or historic
site, place, building, structure, or object that is deemed by the
Commission to have historic, cultural, social, economic, political,
or architectural significance.
- Historic
District. An area designated by ordinance of the Town of
Amherst and which contains within definable geographic boundaries a
significant concentration, linkage, or continuity of sites,
buildings, structures, or objects united by past events or
aesthetically by plan or physical development.
- Preservation.
The act or process of applying measures necessary to sustain the
existing form, integrity, and materials of an historic structure,
place, or feature.
- Preservation
Restriction. A right to prohibit or require, a limitation upon,
or an obligation to perform, acts on or with respect to, or uses of,
a structure or site historically significant for its architecture,
archaeology or associations, whether stated in the form of a
restriction, easement, covenant or condition, in any deed, will or
other instrument executed by or on behalf of the owner of the
structure or site or in any order of taking, which right, limitation
or obligation is appropriate to the preservation or restoration of
such structure or site.
- Regular
Member. A member of the Commission who has full voting power.
- Rules
of Procedure. A set of rules adopted by the Commission pursuant
to RSA 676:1 concerning the method of conducting the Commission's
business.
- POWERS
- Pursuant to
RSA § 674:44-b,
the Commission shall have advisory and review authority, specifically, as follows:
- Survey and inventory all historic and cultural resources.
- Conduct research and publish findings, including reports to establish the
legal basis for a historic district and preparation of historic district ordinances
within the municipality prior to its adoption or amendment as provided in
RSA 675:6.
- Assist the Planning Board, as requested, in the development and review of
those sections of the master plan that address cultural and historic resources.
- Advise, upon request, local agencies and other local boards (including the
Historic District Commission pursuant to
RSA § 674:44-c)
in their review of requests on matters affecting or potentially affecting cultural and
historical resources.
- Coordinate activities with appropriate service organizations and non-profit
groups such as the Historical Society of Amherst, the local Questers chapters (Amherst
Villagers and Nipmugs), the Daughters of the American Revolution, etc.
- Publicize its activities.
- (g)Hire consultants and contractors as needed.
- (h)Receive gifts of money and property, both real and personal, in the
name of the town and subject to the approval of the Board of Selectmen, such gifts to be
managed and controlled by the Commission for its proper purposes.
- Property. Pursuant to
RSA § 674:44-b,
the Commission may acquire, in the name of the town and subject to the approval of the
Board of Selectmen, by gift, purchase, grant, bequest, devise, lease, or otherwise, a fee
or lesser interest, development right, covenant, or other contractual right, including
conveyances with conditions, limitations, or reversions, as may be necessary to acquire,
maintain, improve, protect, limit the future use of, or otherwise conserve and properly
use the cultural resources of the town, and shall manage and control the same; provided,
however, that the town or commission shall not have the right to condemn property for
these purposes.
- MEMBERSHIP
- Regular
Members. Membership shall consist of not fewer than five nor more
than seven regular members, one of whom shall be an ex officio
member of the Board of Selectmen and one of whom shall be an ex
officio member of the Historic District Commission.
- Alternate
Members. Not more than five alternate members may be appointed.
Whenever a regular member is either absent or disqualifies himself
or herself, the chairperson shall designate an alternate to vote in
his or her place; except that only the alternate designated by the
Board of Selectmen for its ex officio member shall serve in
place of that member. When designated to vote, the alternate shall
continue as a voting member until the end of the meeting unless the
regular member for whom the alternate is voting subsequently joins
the meeting, in which case that alternate shall continue as a
voting member only until the immediate issue under consideration is
decided. To the extent that an issue is considered over the course
of two or more meetings, the alternate so designated shall sit and
vote on that issue at subsequent sessions concerning that same
issue. All voting and non-voting members may participate in all
discussions. (5-15-03)
- Appointment.
The ex officio members from the Board of Selectmen and the
Historic District Commission shall be appointed by vote of their respective
boards. All other regular members and alternate members shall be
appointed by the Board of Selectmen.
- Qualifications.
In determining each member's qualifications, the Board of
Selectmen shall take into consideration the appointee's
demonstrated interest and ability to understand, appreciate and
promote the purposes of the Heritage Commission. To the
extent that professionals in the following disciplines are
available in the community, the Board of Selectmen should make
reasonable efforts to appoint members from those professions:
architectural history, archaeology, cultural anthropology, New
England history, or planning. Information on the credentials of
the Commission members shall be kept on file with the Zoning
Administrator and available for public review. Members shall be
residents of the Town of Amherst.
- Terms.
Except as provided for in RSA § 673:5 I (b), The term of any
ex officio member shall coincide with the term for that
other office. The term of all other regular and alternate members
shall be three years. In accordance with RSA § 673:5 II, the
initial terms of regular members first appointed to the Commission
shall be staggered so that no more than three appointments occur
annually in the case of a seven member Commission and no more than
two appointments occur annually in the case of a five or six member
Commission, except when required to fill vacancies. The terms of
alternate members shall be staggered in a similar manner so that no
more than two appointments occur annually in the case of a
Commission with four or five alternate members and no more than one
appointment occur annually in the case of a Commission with two or
three alternate members.
- Vacancies.
The Board of Selectmen shall act within sixty days to fill a
vacancy, including expired terms. Vacancies shall be filled as
provided by RSA § 673:12.
- Removal.
Members may be removed for cause in a manner provided by RSA §
673:13. In addition, the chairperson may request the resignation
of any member who fails to attend four consecutive meetings without
just reason.
- OFFICERS
- Positions
and terms. A Chairperson, Vice Chairperson, and Secretary shall be
elected by a vote of the membership of the Commission. The term of
every officer and Chairperson elected shall be for one year.
Neither an ex officio nor an alternate member shall serve as
Chairperson.
- Chairperson.
The Chairperson shall preside at all meetings of the Commission,
call meetings at the frequencies specified below, see that orders
and resolutions of the Commission are carried out, and sign all
official correspondence of the Commission, serve as the official
spokesperson for the Commission, and prepare an annual report. The
Chairperson shall also appoint such committees as directed by the
Commission.
- Vice-Chairperson.
The Vice-Chairperson shall perform all the duties of the
chairperson in her or his absence.
- Secretary.
Pursuant to RSA § 91-A, the Secretary shall record the
minutes of the meetings of the Commission and shall provide the
original, signed copy of said minutes to the Zoning Administrator
for public inspection within 144 hours of a public meeting or,
unless voted otherwise pursuant to RSA § 91-A:3 III, within 72
hours of a non-public meeting. The Secretary shall also keep
attendance of regular, alternate and ex-officio members and
may sign Certificates of Approval and Notices of Disapproval in the
absence of the Chairperson and Vice-Chairperson. Once per year,
the Secretary shall review amendments to the RSAs, if any, that may
affect these Rules and propose corresponding changes to these Rules
to keep them current with the RSAs.
- MEETINGS
- Regular
Meetings. The Commission shall meet regularly on the third
Thursday of each month, unless there is no business before the
Commission. All regular meetings shall be open to the public,
unless otherwise noticed and conducted in strict accordance with
RSA § 91-A:3.
- Special
Meetings. Special meetings of the Commission shall take place at
the call of the Chairperson or as the Commission deems necessary.
All special meetings shall be open to the public, unless otherwise
noticed and conducted in strict accordance with RSA § 91-A:3.
- Joint
Meetings.
- Pursuant
to RSA § 676:2, an applicant seeking approval from another land
use board(s) may petition the Heritage Commission and the
respective land use board(s) to hold a joint meeting or hearing when
the subject matter is within the responsibilities of those boards.
Similarly, the Heritage Commission shall have the authority
on it own initiative, pursuant to RSA § 676:2, to request a
joint meeting with any other land use board(s). Each land use board
so petitioned shall have the discretion as to whether or not to hold
a joint meeting with any other land use board.
- A
joint hearing shall be a formal public hearing.
- The
Chairperson of the Heritage Commission along with the
chairperson(s) of the other land use board(s) shall mutually
determine who shall chair the joint meeting.
- The
Rules of Procedure for the joint meeting shall be governed by the
land use board that chairs the meeting.
- Every
board shall be responsible for rendering a decision on the subject
matter that is within its own jurisdiction.
- The Heritage
Commission shall make all reasonable efforts to
hold at least one joint meeting per year with the Historic District Commission
for the purpose of coordinating preservation activities
that overlap within the boundaries of the Amherst Village Historic
District.
- Non-Public
Sessions. (5-15-03) In accordance with RSA § 91-A:3, the
Commission shall not meet in non-public session, except for the
purposes set forth in (a) through (c) below. No session at which
evidence, information or testimony in any form is received shall be
closed to the public, except for the purposes set forth in (a)
through (c) below. The Commission may not enter non-public
session, except pursuant to a motion properly made and seconded.
Minutes of non-public sessions shall be kept, recorded and made
available for public inspection in accordance with RSA §
91-A:3, III.
- Matters
which, if discussed in public, would likely affect adversely the
reputation of any person, other than a member of the Heritage
Commission itself, unless such person requests an open
meeting.
- Consideration
of the acquisition, sale or lease of real or personal property
which, if discussed in public, would likely benefit a party or
parties whose interests are adverse to those of the general
community.
- Consideration
or negotiation of pending claims or litigation which has been
threatened in writing or filed against the Heritage
Commission or any member thereof, or against any member thereof
because of his or her membership in the Heritage
Commission, until the claim or litigation has been fully adjudicated
or otherwise settled.
- Site
Review. At its option, the Commission may table final consideration of an issue
pending a site review. The purpose of the site review is to validate information that
could materially affect the consideration of the issue at hand. A site review shall be
required in all circumstances where the Commission is considering the acquisition of a
full or partial interest in real property pursuant to Section VI or expenditure of public
funds for treatment of historic structures. A site review shall be considered part of
the meeting during which the acquisition or treatment is considered and shall be open
to the public.
- Notice. Notice of the time, date, place and agenda of any public
meeting (other than a public hearing pursuant to the consideration of the acquisition or
acceptance of property pursuant to Section VI of these Rules) of the Commission shall be
posted in two public places at least 24 hours, excluding Sundays and legal holidays,
prior to the meeting.
- Notice. 5.7Order of Business. The business of regular meetings
shall include, but not be limited to:
- Attendance.
- Resolution of conflicts of interest and designation of voting.
- Minutes.
- Public Hearing (if applicable).
- Committee & financial reports.
- Old business.
- New business.
- Adjournment.
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- Rules of Order. Robert’s Rules of Order shall be used as a
guide to conduct meetings unless otherwise prescribed by these Rules of Procedure.
- Quorum and voting.
A majority of the voting members shall constitute the quorum necessary in order to transact
business in any meeting of the Commission. A motion, duly seconded and following
discussion, shall be passed by affirmative vote of the quorum. The Chairperson shall not
make a motion while chairing a meeting of the Commission. After all discussion of the
motion has been completed, the Chairperson will call for a vote. When the vote is evenly
divided, the motion shall be deemed to have been defeated. If the vote is not unanimous,
the minutes of the meeting shall indicate members opposed or abstaining by name.
The Chairperson shall vote on each motion.
- Work
or Study Sessions. Work or study sessions may be convened as a
whole or as a committee of the whole in the same manner as special
meetings, provided that no quorum shall be required and that no
official action shall be taken.
- ACQUISITIONS & HOLDINGS
- Public Hearing. The Commission shall hold a public hearing prior to the
acquisition or acceptance of a partial or whole interest in any real property. At the hearing,
any applicant, abutter, or holder of conservation or preservation restriction shall be provided
an opportunity to testify in person, and any party with a direct interest in the matter may
testify in person or in writing.
- Notice. Notice shall be provided to the seller/grantor/donor, holders of
conservation or preservation restrictions, and to abutters by mail of the date upon which the
Commission will consider the matter. Notice shall be sent by regular mail at least 5 days prior
to the meeting. Notice to the general public shall also be given at the same time by posting in
two public places and one local newspaper at least 10 calendar days before the hearing.
The notice shall include a general description of the proposal that is the subject of
consideration and shall identify the seller/grantor/donor and the location of the proposed
property.
- Due Diligence. The Commission shall perform or cause to be performed all
necessary due diligence to protect the interests of the town and to make an appropriate
determination as to the public benefit of the proposed acquisition. Due diligence may include
some or all of the following: title search, survey, historic structure report, environmental
tests, appraisal, etc.
- Consultation with Board of Selectmen. The Commission shall seek the
approval of the Board of Selectmen prior to making a final decision on whether to acquire or
accept real property.
- Gifts of Personal Property. In the case of gifts of personal property,
no public hearing is required. A record of the gift will be made in the minutes of the meeting
at which it is announced. Monetary gifts will be immediately deposited in accordance with the
“Town of Amherst Deposit Policy.” Gifts of securities and of other personal property that does
not have historic or cultural value to Amherst’s heritage will be immediately sold and the
proceeds deposited in accordance with the “Town of Amherst Deposit Policy.” Gifts of historic or
cultural value to Amherst’s heritage will be offered to the Historical Society of Amherst for
accession consideration.
- ADMINISTRATION
- Forms.
All forms and revisions thereof shall be adopted by vote of the Commission.
- Due Diligence.
The Commission may table final consideration of an issue for the purposes of seeking advice,
recommendations, or reports from professional, educational, cultural, civic or other groups or
persons as may be deemed necessary for the determination of a reasonable decision.
- 7.3Records.
Records of the Commission shall be kept in the office of the Zoning Administrator and be available to
the public in accordance with RSA § 91-A.
- CODE OF CONDUCT
- Commission
members and staff shall not use their position for a purpose that
is, or gives the appearance of being, motivated by a desire for
personal benefit or private gain for themselves or others,
particularly those with whom they have family, business,
organizational, or other ties.
- Commission
members and staff who have a financial interest in a property,
shall not participate in any discussion, hearing, or other
Commission consideration of that property, whether as part of local
review procedures pursuant to RSA § 674
and RSA § 676, or
as part of actions (such as National Register nomination review
procedures) pursuant to the responsibilities of a "Certified
Local Government" under the National Historic Preservation
Act, or under the associated requirements established by the
National Park Service and the State of New Hampshire for
participation in the Certified Local Government program.
- Commission
members and staff shall not participate in the preparation of,
administration, monitoring, approval, or payment of any grants or
contracts made to or by the Commission if a real or apparent
conflict of interest would be involved.
- In
conformance with RSA § 673:14, no member of the Commission
shall sit upon the hearing of any question which the Commission is
to decide if that member has a direct, personal, or pecuniary
interest in the outcome which differs from the interest of other
citizens or would be disqualified for any cause to act as a juror
upon the trial of the same matter in any action at law.
- When
uncertainty arises as to the application of these provisions to a
Commission member in particular circumstances, the Commission
shall, upon the request of that member or another member of the
Commission, vote on the question of whether that member should be
disqualified. Any such request and vote shall be made prior to or
at the commencement of any required public hearing. Such a vote
shall be advisory and non-binding, and may not be requested by
persons other than Commission members, except as provided by local
ordinance or by these Rules of Procedure.
- If
a member of the Commission is disqualified or unable to act in any
particular case before the Commission, the chairperson shall
designate an alternate to act in place of the disqualified member
as specified in RSA § 673:11.
- Any
member of the Commission who may have an apparent, potential, or
actual conflict of interest with respect to any deliberations or
matters before the Commission shall absent himself or herself from
the Commission's meeting while such matters are being considered or
acted upon.
- Commission
members and staff who are in office or employed at the time these
code of conduct provisions are adopted shall be exempted for a
period not to exceed one year from the date of adoption, pursuant
to RSA § 31:39-a.
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