§ 168-5. Designation of landmarks and historic districts.

A. 

The Commission shall make studies and surveys of proposed landmarks or historic districts in order to determine if said landmarks or districts meet the criteria of this chapter and are worthy of protection and preservation. In making these determinations, the Commission shall be guided by the criteria used to determine whether the proposed landmark or historic district would be includable in the State or Federal Register of Historic Places and such other criteria which the Commission may establish as applicable to the Borough. Based on these surveys, the Commission shall document the importance and historical significance to the Borough, state or nation of each proposed historic district and landmark designation in terms of the purposes and criteria set forth in this chapter.

B. 

The Commission shall, as soon as practicable, make public a complete list and map of the proposed landmarks or districts, specifying the location, boundaries and proper historic names thereof and, in each case, the reason for such proposed designation and shall so advise the owners of property affected as set forth in § 168-4I(2). In proposing to establish a landmark or historic district, the Commission may exempt improvement of any portion of any Tax Map lot, the demolition or alteration or improving of which would not affect the landmark or district as to the purposes and criteria set forth in this chapter. Such exemption shall only be for good cause shown and upon affirmative vote of five members of the Commission.

C. 

The list and map thereafter shall be submitted to the Secretary of the Planning Board. The Planning Board shall then determine whether to accept the landmark designation list and incorporate the same into the Master Plan. After making such review if the Planning Board decides to accept the designation or portion thereof, it shall forward its recommendations to the Mayor and Council with a request that such properties be formally designated as "landmarks" or within an historic district and included as such in the Land Use Ordinance.

Editor's Note: See Ch. 184, Land Use.

D. 

The Mayor and Council shall then consider whether to adopt the designation list and map as part of the Borough Code. Submission shall be made to the Planning Board pursuant to N.J.S.A. 40:55D-26a. Once adopted, the designation list and map may be amended to add thereto in the same manner in which it was originally adopted.

E. 

Copies of the designation list and map as adopted shall be made public and distributed to all Borough agencies reviewing development applications and all building and housing permits. A certificate and designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed by the Borough with the Union County Register for recording in the same manner as certificates of lien upon real property.

F. 

Each designated historic district or landmark may be marked by an appropriate plaque, in such form as the Commission shall promulgate by regulation.

G. 

Once an improvement has been designated a "landmark" or incorporated as an historic structure within an historic district, it shall not be delisted therefrom, except by ordinance. If delisted, a certificate to that effect shall also be filed by the Borough with the Union County Register.