BOROUGH OF NORWOOD

This ordinance was tabled after the = public hearing was held on September 5, 2006 due to the Planning Board removing the Historic Preservation Element from the Master Plan

BOROUGH OF NORWOOD

ORDINANCE NO. 06:13

AN ORDINANCE REGULATING HISTORIC PRESERVATION AND ESTABLISHING A HISTORIC PRESERVATION COMMISSION OF THE BOROUGH OF NORWOOD, COUNTY OF BERGEN, AND ST= ATE OF NEW JERSEY

Whereas, the historical, cultural, architectural, economic, = and social heritage of the Borough of Norwood is entrusted from generation to generation, enriched and then passed on; and

Whereas, the character and quality of life in the Borough de= pends in great measure on the ability to protect this rich heritage; and

Whereas, in this the Borough’s Centennial year, the significant role that historic resources have played and continue to play in the formation of the Borough’s character is particularly evident, and=

Whereas, in order to perform this preservation, the members = of the Borough of Norwood Council wish to identify and protect certain resources located within the Borough; and

Whereas, the members of the Borough of Norwood Council belie= ve that the creation of an “Historic Preservation Commission,” and= the establishment of certain regulations governing the designation, establishme= nt, preservation and regulation of Historic Landmarks and Historic Districts wi= thin the Borough will greatly assist in achieving this goal, and will serve to enhance the general welfare of the citizens of Norwood.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Norwood, New Jersey, as follows:=

Section 1. &nbs= p; Chapter 233 of the Code of the Borough is hereby amended. A new article, Artic= le XVIII entitled “Historic Preservation”, is added which shall re= ad as follows:

§233-140. Short Title.=

This Ordinance shall be known by and maybe referred to by this short title of &#= 8220;The Historic Preservation Ordinance of the Borough of Norwood.”

= §233-141. Purp= oses.

The provisions of this Ordinance are intended to effect and accomplish the protection, enhancement, and perpetuation of especially noteworthy examples= and elements of the Borough’s environment in order:

A. To safeguard the heritage of Norw= ood by preserving resources within the Borough which reflect elements of its archaeological, cultural, social, economic, architectural and historical heritage;

B. To identify, designate, and regulate Historic Landmar= ks and Historic Districts in order to preserve their historical significance;=

C. To maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structu= res, sites and districts within the Borough;

D. To promote the economic welfare of the Borough through the preservation of its historic sites and landscapes

E. To encourage the continued use of historic and/or noteworthy building, structures, objects and sites and to facilitate their appropriate use or reuse;

F. To foster civic pride in the history and architecture= of the Borough;

G. To promote appreciation of Historic Landmarks and Historic Districts for the education, pleasure and welfare of the local population;<= /p>

H. To encourage proper maintenance, preservation, and reinvestment in the historic settings, streetscapes, landscapes, buildings and structures within the Borough;

I. = To manage change within Historic Districts and Histor= ic Landmarks by encouraging sensitive and appropriate alteration or new construction to ensure compatibility with the existing environment;

J. Preventing alteration or new construction not in keep= ing with any historic district or historic landmark;

K. To discourage the unnecessary demolition of historic resources;

L. To enhance the visual and aesthetic character, divers= ity, continuity, and interest in the Borough and its neighborhoods;

M. To encourage beautification and private reinvestment in Historic Landmarks and Historic Districts, and surrounding properties;

N. To recognize the importance of Historic Landmarks and Historic Districts by ur= ging property owners and tenants to maintain their properties in keeping with the requirements and standards of this Ordinance and to invite and encourage voluntary compliance.

§233-142. Definitions.=

Unless specifically defined below, words or phases used in the ordinance shall be interpreted so as to give them the meaning they have in common usage, and to give this ordinance it's most reasonable application.

A. "ADDITION" means the construction of a new improvement, as part of an existing improvement, = when such new improvement changes the exterior architectural appearance, of a historic site. An extension or increase in building size, floor area, = or height.

B. "ADMINISTRATIVE OFFICER" means the Construction Code Official.

C. "ALTERATION" means any change in the exterior architectural features of a designated historic site, which is not= an addition.

D. "APPLICATION" means a request to the Commission made pursuant to this Ordinance for the purpose= of obtaining a Certificate of Appropriateness, or other action by the Commissi= on hereunder specified.

E. "APPLICATION FOR DEVELOPMENT" means th= e application to the Planning Board of the Borough, for approval of a major or minor subdivision plat, site plan, planned development, conditional use, zoning variance, or the direction of the issuance of a permit pursuant to section = 25 or 27 of P.L.1975, c291 (N.J.S.A.40:55D-34 or 40:55D - 36).

F. “ASSIGNMENT” means the transfer of a right, permit or approval to another party, frequently in conjunction with = the transfer of ownership of property.

G. "BUILDING" means any man made structure, created principally to shelter any form of human activity as well as it's functionally related appurtenances, such as a hous= e.

H. “BOROUGH HISTORIC SITES SURVEY” means the inventory of prehistoric or historic districts, sites, buildings, structures, or objects as identified = by a survey conducted according to §233-143:G of this Ordinance.=

I. "CERTIFICATE OF APPROPRIATENESS" means that document issued by the Histo= ric Preservation Commission indicating permission to commence work on any struc= ture located within the historic district or a designated historic site.

J. "COMMISSION" means the Historic Preservation Commission established pursuant to the provisions of this Ordinance.

K. "CONSTRUCTION OFFICIAL" means the officer in charge of the granting of the building or construction permits in the Borough.

L. “CONTRIBUTING BUILDING” means a building, site, structure, or object that adds to the historic or architect= ural qualities, historic associations or archaeological values for which a prope= rty or district is significant.

M. "DEMOLITION" means partial or total razing or destruction of any historic site or of any improvement within an historic district.

N. "DESIGNATED PROPERTY OR DISTRICT" means an individual building, structu= re, site, object, or district which has been designated as having historical, architectural, cultural, aesthetic, or other significance pursuant to the provision of this Ordinance.

O. "DEVELOPMENT" means the division of a parcel of land into two or more parcels, construction, reconstruction, conversion, structural alterations, relocation or enlargeme= nt of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land extension of use of land for which permission may be required pursuant to t= he Municipal Land Use Law.

P. "DISTRICT" means "HISTORIC DISTRICT” as defined herein.

Q. "EVALUATION" means the process of determining whether identified properties meet defined crite= ria of historical, architectural, archeological, or cultural significance. <= o:p>

R. "HISTORIC DISTRICT" means a geographic= area with distinctly definable boundaries composed of several buildings or sites= and intervening or surrounding property which:

(1) = has acquired a unity of character through the interrelationships of the component buildings and sites: and

(2) = has been designated as having historical, archeological, cultural, scenic, architectural or other significance pursua= nt to the provisions of this Ordinance.

S. "HISTORIC RESOURCE" means any prehistoric or historic district, site, building, structure, or object incl= uded in the Borough Historic Sites Survey, or eligible for inclusion in the Nati= onal Register (of Historic Places); such term includes artifacts, records, and remains which are related to such a district, site, building, structure, or object.

T. "HISTORIC SITE" means any real property, man made structure, natural object or configuration, or any porti= on or group of the foregoing, which have been formally identified in the Master Plan as being of historical, archeological, cultural, scenic or architectur= al significance.

U. “HOMEOWNER” means a private individual or individuals who are owners of a residential propert= y. This term does not apply to commercial or business entities, nor to owners of properties operated as a business. However, when a residential propert= y is owned by an LLC, and the principal owner(s) of said corporation is a reside= nt in the property, then said person shall be considered a homeowner.

V. "IMPROVEMENTS' means any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location or such construction or installation for a period of not less than one hundred twenty (120) continu= ous days.

W. "INTEGRITY' means the authenticity of the historic identity of a building, structure, site, object, or district evidenced by the survival of the physical characteristi= cs that existed during it's historic or prehistoric period.<= /p>

X. "INTERESTED PARTY" means any person whose right to use, acquire or enjoy property is affected by any action taken under this Ordinance or whose righ= ts to use, acquire, or enjoy under any other law of this State or the United S= tates have been denied, violated or infringed by an action or failure to act under this Ordinance.

Y. “KEY BUILDING” means a building, site, structure, or object tha= t is of particular significance and is a defining element of the historic or architectural qualities, historic associations, or archaeological values for which a property or district is significant. A key building is most li= kely eligible for the New Jersey and/or National Registers of Historic Places in its own right.

Z. "LANDMARK" means a building, str= ucture , site, or object which has a special character or special historical or aesthetic interest as part of the development, heritage, or cultural characteristics of the Borough, State, or Nation, and which has been design= ated as a landmark pursuant to the provisions of this Ordinance.

AA. "LANDMARK DISTRICT" means "HISTORIC DISTRICT” as defined herein.:

BB. "MASTER PLAN" means the Master P= lan of the Borough of Norwood, as amended from time to time, compiled pursuant to = the Municipal Land Use Law. = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ;

CC. "MINOR APPLICATION" means any application for Certificate of Appropriateness which:

(1) = does not involve demolition, relocation, or removal o= f a historic site;

(2) = does not involve an addition to an individual propert= y or a property in a historic district or new construction in a historic district;=

(3) = is a request for approval of fences, signs, lighting, paving, or street-scape work which will comply with the adopted design guidelines for the improvement proposed and which will not substantially af= fect the characteristics of the historic district.

DD. "MUNICIPAL LAND USE LAW" means the Municipal Land Use Law of the State= of New Jersey, P.L.1975c291(N.J.S.A.40:55D et seq.), as amended from time to time.

EE. "NATIONAL REGISTER CRITERIA" mea= ns the established criteria for evaluating the eligibility of properties for inclu= sion in the National Register of Historic Places.

FF. "NON-CONTRIBUTING BUILDINGS" mea= ns a building, site, structure, or object that does not add to the historic or architectural qualities, historic associations or archaeological values for which a property is significant because: it was not present during the peri= od of significance; due to alterations, disturbances, additions, or other chan= ges it no longer possesses historic integrity reflecting it's character at that time or is incapable of yielding important information about the period.

GG. "OBJECT" means a material thing of functional, aesthetic, cultural, historic, scenic, or scientific value that may be, by nature or design, movable, yet related to a specific setting or environment.

HH. "ORDINANCE" means a legislative act of the governing body of a municipality adopted in accord= ance with statutory requirements as to notice, publicity, and public hearing as required by law.

II. &= nbsp;"ORDINARY MAINTENANCE AND REPAIR" means the repair of any deterioration, wear, or dam= age to a structure or any part thereof in order to return the same as nearly practicable to its original condition prior to the occurrence or such deterioration, wear, or damage with in-kind material and replacement of exterior elements or accessory hardware including signs, using the same mat= erials and workmanship and having the same appearance.

JJ. <= /span>"OWNER" means any person having a righ= t, title, or interest in any property so as to be legally entitled, upon obtai= ning such permits and other authorizations as maybe required pursuant to law, to perform construction, alterations, removal, demolition, or other work with respect to such property.

KK. “PERMIT” shall mean any required approval for exterior work to any improvement or property in a historic district or on a historic site. Permit shall include, but is not limited to, a building permit, a demolition permit, a permit to move, convert, relocate, or remodel, or to change the use or type= of occupancy of any improvement or property in a historic district which invol= ves exterior changes to the structure or the property on which it is located.

LL. “PRESERVATION” shall mean the act or proc= ess of applying measures to sustain the existing form, integrity and material of a building or structure, and the existing form of vegetative cover of a site.= It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials.

MM.“PROTECTION” shall mean the act or process of applying measures designed to preserve the physical condition of a property by guarding it from deterioration or loss.=

NN. “RECONSTRUCTION” shall mean the act or process of reproducing by new construction the exact = same form and detail of a vanished or non-surviving building, structure, or obje= ct, or any part thereof, as it appeared at a specific period of time when documentary and visible evidence is available to permit accurate reconstruction.

OO. “REHABILITATION” shall mean the act or process of returning a property to its state of utili= ty through repair or alteration which makes possible an efficient contemporary= use while preserving those portions or features of the property which are significant to its historical, architectural and cultural values.

PP. “REPAIR” shall mean any work done on an improvement that is not an addition and does not change the exterior appear= ance of any improvement, provided however that any such repairs must be done with materials and workmanship of the same quality as the existing materials and workmanship of the improvement.

QQ. “RESTORATION” shall mean the act or process of accurately recovering the form and details= of a property and its setting as it appeared at a particular period of time by means of the removal of a later work or by the replacement of missing earli= er work.

RR. “SECRETARY OF THE INTERIOR’S STANDARDS” means The Secretary of the Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68).

SS. “SITE” shall mean any real property, whether public or private, with or without improvements, which is the locat= ion of a significant event or series of events, a prehistoric or historic occupation or activity, or a building, structure, or object, or any configuration, portion, or group of forgoing which has been designated by t= he Commission as having historical, archeological, cultural, scenic, or architectural significance pursuant to the provisions of this Ordinance

TT. “STREETSCAPE” shall mean the visual chara= cter of the street including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.

UU. “STRUCTURE” shall mean a combination of materials to form a construction for occupancy,= use or ornamentation whether installed on, above, or below the surface of a par= cel of land. The word “structure” shall also include any build= ing or improvement with a roof.

VV. “SURVEY” shall mean a process of identifying and gathering data on a community’= ;s historic resources. It includes a field survey which is the physical search for and recording of historic resources on the ground, preliminary planning and background research before the field survey begins, organizati= on and presentation of survey data as the survey proceeds, and the development= of inventories.

WW.“SURVEY DATA” shall mean the raw data produced by the survey; that is, all the information gathered on each property and area investigated.

XX. “VIEW” or “PUBLIC VIEW” shall mean the view by the public of a buildin= g, structure, object, or site from any point on a street or walkway which is used as a pu= blic thoroughfare, either vehicular and/or pedestrian.

§233-143. Historic Preservation Commissi= on

A. Establishment; Composition

The Commission shall consist of seven members appointed by the Mayor with the advice and consent of the Council. The seven members of the Historic Preservation Commission shall fall within three classes as follows:

(1) = Class A- a person who is knowledgeable in building de= sign and construction or architectural history.

Class B- a person who is knowledgeable of the local history or has demonstrated interest in local history.

Class C- a citizen of the municipality who shall hold no other municipal office, = position, or employment except for membership on the Planning Board or Zoning Board of Adjustment.

(2) = Class C members are regular members who are not desig= nated as Class A or Class B.

(3) = Class A and Class B members may reside outside the Bo= rough with preference given to residents of the Borough.

(4) = There shall be at least one Class A and at least one = Class B member. Of the regular members a total of at least one less than a majority shall be of Classes A and B.

B. Alternate Members

There shall be two alternate members who shall be appointed by the Mayor with the advice and consent of the Council and shall be designated at the time of the appointment as Alternate no 1 and Alternate no 2. Alternate members shall m= eet the qualifications of Class C members.

C. Terms

Commission Members shall serve for Four (4) year terms, except that of the first membe= rs appointed, one (1) member shall serve a (1) year term, two (2) members shall serve for (2) years and two (2) other members serve for (3) years. All memb= ers at the end of their terms are eligible for appointment to four (4) year terms. The alternate members shall serve two (2) year terms. Initially, Alternate no. 1 shall serve a one (1) year term.&nbs= p;If a Commission member is also a Planning Board or Zoning Board member, the te= rm of office as Commission member is the same length as the other board positi= on. Vacancy occurring otherwise than by expiration of a term shall be filled wi= thin 60 sixty days for the balance of the unexpired term only.=

D. Organization: Officers

(1) = The Historic Preservation Commission shall elect a ch= airman and a vice chairman annually from its members and shall select a secretary = who may or may not be a member of the Historic Preservation Commission or a municipal employee.

(2) = Alternate members may participate in discussions of t= he proceedings. They may not vote except in the absence or disqualification of= a regular member. A vote shall not be delayed in order that a regular member = may vote instead of an alternate member. In the event that a choice must be mad= e as to which alternate member is to vote, Alternate no 1 shall vote.=

E. Funding: Staff

(1) = The borough Council shall make provisions in its budg= et and appropriate funds for the expenses of the Historic Preservation Commission,= but they serve without compensation.

(2) = The Historic Preservation Commission may employ, cont= ract for, and affix the compensation of experts and other staff and services, as= it shall deem necessary within its budget. The Commission shall obtain its leg= al counsel from the municipal attorney at the rate of compensation to be determined by the governing body. Expenditures pursuant to this section sha= ll not exceed, exclusive of gifts or grants, the amount appropriated by the go= verning body for the Commission.

F. Rules And Organization Of The Commission

The Commission shall have the authority to adopt all rules and regulations necessary to carry out its functions under the provisions of this ordinance, including, but not limited to, maintenance of records and procedures subjec= t to the following:

(1) = No commission member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any business, financial, or personal interest. Mere ownership of and occupation of an historic residence shall not be deemed a personal or financial interest.

(2) = The Commission shall establish a regular schedule of meetings. The Commission shall meet no less than once every month to address the current agenda otherwise the Commission shall meet every two months. Additional meetings may be called by the chairperson or vice chairperson as required to fulfill its obligations to advise the Planning Board or Borough Council.

(3) = All Commission minutes and records as kept and mainta= ined by the Commission’s Secretary, shall be public records and all Commis= sion meetings shall comply with the Open Public Meeting Act (N.J.S.A.10: 4-7,et = seq)

(4) = A member of the Borough Council and a Member of the Planning Board shall be designated as liaison between those bodies and the Commission. The role of such person is only informational.

(5) = The Commission shall adopt written rules for the transaction of its business and for the consideration of Applications for C= ertificates of Appropriateness and for the designation of historic sites and districts.=

(6) = When the Planning Board or Zoning Board of Adjustment refers an Application to the Historic Preservation Commission, then the referring Board shall receive a copy of the report.

(7) = The construction official shall maintain and display = an up to date map showing the historic districts, as well as current listings of Historic sites.

(8) = A member of the Commission may, after public hearing,= if requested, be removed by the governing body for cause.

(9) = Meetings: Quorum

(a) The Historic Preservation Commission shall establish and post in Borough Hall a schedule of meetings and shall post notice of said meetings in accordance w= ith the Open Public Meeting Act (N.J.S.A.10: 4-7,et seq). Regular meetings shal= l be held as scheduled unless cancelled for lack of applications.

(b) Four members shall constitute a Quorum. A majority vote of those present and voting shall prevail and shall be sufficient to grant or deny Certificate of Appropriateness, change an historic site or district designation or to gran= t a demolition permit.

(c) The Historic Preservation Commission shall prepare an annual report to the governing body, which shall be available to the public and placed on file in the Borough hall.

G. Powers and Duties of the Commission.

The power and duties of the Commission shall be as follows:

(1) = To survey buildings, structures, objects, sites, and = districts located within the Borough, and to research and evaluate them for their significance in accordance with the criteria established as set forth in Section 233-144;

(2) = To maintain and expand when appropriate a comprehensi= ve inventory of such buildings, structures, sites, objects and districts which= are worthy of designation under the provisions of this Ordinance;

(3) = To propose to the Borough Council those buildings, structures, objects, sites and districts located within the Borough which it has found to be worthy of landmark designation and hence should be subject = to provisions of this Ordinance. Actual nomination to, a finding of eligibility for, or listing on the National or New Jersey Register of Histo= ric Places is not necessary for the provisions of this Ordinance to take effect once a property has been designated as significant by the Commission; =

(4) = To nominate buildings, structures, objects, sites and districts for the inclusion in the National and/or the New Jersey Registers= of Historic Places;

(5) = To make recommendations to the Planning Board and Bor= ough Council in the preparation and periodic updating of the Historic Preservati= on Element of the Master Plan for the Borough including, but not limited to, t= he addition or deletion of historic sites and districts identified in the Borough’s Master Plan;

(6) = To make recommendations to the Planning Board and Bor= ough Council on the historic preservation implications of any proposed or adopted zoning, or development ordinance(s) or proposed or adopted elements of the Borough’s Master Plan;

(7) = To advise and assist Borough officers, employees, boa= rds, and other bodies including those at the county, state or federal levels on = all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Borough or on the physical character and ambience of any portion of the Borough or region;

(8) = To approve or disapprove applications for Certificate= s of Appropriateness and minor applications pursuant to the provisions of this Ordinance;

(9) = To draft and/or recommend to the Borough Council and = the Planning Board ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this ordinance and the building or zoning regulations of the Borough;=

(10) To advise the Borough Council and the Planning Board on the relative merits or proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects, and sites including t= he preparation of the long range plan; therefore, to advise the Borough Council and Planning Board on securing state, federal, and/or other grants or assistance in support of such projects; and to monitor such projects once u= nder way;

(11) To increase public awareness to the value of historic, architectural, and cult= ural preservation by developing and participating in public information programs= ;

(12) To cooperate with local, county, state, or national historical societies, governmental bodies, and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservat= ion;

(13) To make information available to residents of historic buildings or districts concerning guidelines for rehabilitations and design criteria for new construction established under this Ordinance;

(14) To seek any benefits which may be granted under the National Historic Preserva= tion Act, as amended, or any other state or federal legislation, including, but = not limited to, the benefits which flow to communities under the Certified Local Government Program with regard to training, grant funding, and technical assistance; and, in furtherance thereof, to take any steps necessary to ass= ist the Borough of Norwood in the preparation and submission of any documents needed for certification of the Borough as a Certified Local Government und= er the National Historic Preservation Act.

§233-144. Designation of Buildings, Structures, Objects, Sites and Districts as Historic.=

A. Criteria for Designation.

The Commission shall consider as worthy of designation those buildings, structu= res, objects, sites, and districts that have integrity of location, design, sett= ing, materials, workmanship, feeling, and association, and that meet one or more= of the following criteria:

(1) = That are associated with events that have made a significant contribution to the Borough of Norwood by reflecting or exemplifying the broad cultural, political, economic, or social history of = the Nation, State, or Community;

(2) = That are associated with historic personages importan= t in national, State, or local history;

(3) = That is the site of an historic event which had a significant effect on the development of the Nation, State or Community;

(4) = That embody distinctive characteristics of a type, pe= riod, or method of construction; that represent the work of a master; that possess high artistic values; or that represent a significant distinguishable entity whose components may lack individual distinction;

(5) = That are otherwise of particular historic significanc= e to the Borough of Norwood by reflecting or exemplifying the broad cultural, political, economic or social history of Norwood.

Furthermore, any building, structure, object, site, or district which is listed on the <= st1:State w:st=3D"on">New Jersey or Na= tional Register of Historic Places, has a Determination of Eligibility, Certificat= e of Eligibility or a State Historic Preservation Office Opinion of Eligibility shall be automatically deemed worthy of designation as a historic district = or landmark.. The State Historic Preservation Office, New Jersey State Re= view Board for Historic Sites and the National Park Service are far more qualifi= ed to determine the historic significance of a site, and thus this Commission = will not dispute their findings. Sites or districts which are not deemed eligible for the State or National Register may still be considered for designation as historic based on their local significance to the Borough of Norwood.

B. Procedures for Designation.

Proposals to designate a property as historic pursuant to this Ordinance may be made = by the Borough Council, the Historic Preservation Commission, the Planning Boa= rd, or by the verified (sworn) application of the owner(s) or authorized agent(= s) of the individual property to be designated, or, in the case of a proposed district, by the verified (sworn) application of 10% of the owners of recor= d or persons residing within the district, or by a verified (sworn) application = of any organization with a recognized interest in historic preservation. Throughout the nomination and designation process, the Commission will info= rm and discuss with the owner(s) the process, reasons for, and implications of historic designation so as to ensure the owner’s understanding of and cooperation with the designation. Nominations shall be made in accorda= nce with the following procedures:

(1) = Nomination Proposals. The party proposing proper= ty for designation under this section shall prepare and submit to the Historic Preservation Commission a nomination report for each proposed property, sit= e, or district. For historic district designations, the report shall incl= ude a building-by-building inventory of all properties within the district; photographs of representative properties within the districts; a property m= ap of the district showing boundaries and a physical description and statement= of significance for the district. For individual landmark designations, t= he report shall include one or more photographs; the tax lot and block number = of the property as designated on the official Tax Map of the Borough; and a physical description and statement of significance and proposed utilization= of the site.

(2) = Moratorium on Applications for Alteration or Demoliti= on during Pendency of Designation Action. No applications for a permit to construct, alter or demolish any structure or any feature of a proposed landmark or property located within a proposed landmark district, filed subsequent to the date that a nomination has been filed or a resolution ado= pted to initiate designation of a proposed landmark or landmark district, shall = be approved by the Administrative Officer or other municipal agency, without review by the Historic Preservation Commission of such applications and the granting of a Certificate of Appropriateness. Commission review of such applications shall be conducted as if the property related to such applicat= ions had already been designated as a landmark property or district, and thereby= are subject to the same criteria, standards, and procedures which govern similar applications concerning properties designated as landmarks or properties wi= thin a landmark district. After the expiration of one hundred eighty (180) = days from the date of the initial filing of the designation proposal with the Commission, the permit application may be approved without Commission revie= w in accordance with the relevant provisions of the municipal code of the Borough.

(3) = Notice. The Historic Preservation Commission sha= ll schedule a public hearing on the proposed designation of a landmark or land= mark district. At least twenty (20) days prior to the hearing, the Commissi= on shall by personal service or by certified mail:

(a) Notify the owner(s) of record of a property that has been proposed for designation= , or of a property within a district that has been proposed for designation, that the property is being considered for such designation and the reason theref= or;

(b) Advise the owner(s) of record of the significance and consequences of such designation, and the rights of the owner(s) of record to contest such designation under the provisions of this Ordinance;

(c) Notify the owner(s) of record of the date, time, and location of the hearing concerning the proposed designation of the property; and<= /p>

(d) Serve any notices further required under the provisions of the Municipal Land Use Law.

(4) = Public Notice of Hearing. Public notice of heari= ng shall be given at least twenty (20) days prior to the hearing by publicatio= n in the official newspaper of the Borough. A copy of the nomination report shall also be made available for public inspection in the Borough ClerkR= 17;s Office at least twenty (20) days prior to the hearing.

(5) = Hearing. At a public hearing scheduled in accord= ance with this Ordinance, the Historic Preservation Commission shall review the nomination report and accompanying documents. Interested persons shall= be entitled to comment on the proposed nominations for designation. Those persons who intend to file a formal protest against a proposed designation under Subsection (6) of this Ordinance must submit their protest in writing= to the Commission in accordance with the provisions of that Section of this Or= dinance.

(6) = Protests. A protest against landmark designation signed by the owners of record of more than fifty (50%) percent of the properties within a proposed landmark district, or by the owner(s) of recor= d of a proposed landmark, may be filed with the Historic Preservation Commission= ten (10) days prior to the scheduled hearing date of the proposed designation before the Commission. Protests must be in writing, must contain the reason(s) for the protest, and must bear the notarized signatures of the ow= ner(s) joining in such a protest.

(7) = Commission Report. Upon Historic Preservation Commission review and public hearing, the Commission shall forward to the Borough Council its report which shall contain a statement of its recommendations and the reasons therefor with regard to proposed designatio= ns considered at the hearing, including a list and map of properties approved = for designation. Within an Historic District, each building shall be designated as a key, contributing, or noncontributing building.<= /span>

(8) = Referral to the Planning Board. The Borough Coun= cil shall refer the report to the Planning Board, which in turn shall report to= the Borough Council as soon as possible but within sixty (60) days. Failur= e of the Planning Board to transmit its report within the sixty (60) day period provided herein shall relieve the Borough Council of its obligations relati= ng to the referral of such a report to the Planning Board. Borough Council action on a landmark or landmark district designations shall be otherwise s= ubject to those procedures and statutes that apply to a change of a zoning designa= tion and the adoption, revision, or amendment of any development regulation.

(9) = Final Designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for the Planning Board comment on designations pursuant to this Ordinance, the Borough Council shall act upon the proposed designation list= and map, and may approve, reject, or modify by ordinance any designation recomm= endations made by the Planning Board. In the event that the Borough Council vote= s to reject or modify any Planning Board recommendations for a proposed designat= ion, the Borough Council shall record in its minutes the reasons for not followi= ng such recommendation. All action taken by the Borough Council on proposed designations shall become effective upon a favorable vote of a majority of = full membership of the governing body.

(10) Public Notice of Designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to= the municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.

(11) Incorporation of Designated Landmarks into Borough Records. Upon adoption, the designation list and map shall be incorporated by reference into the Master Plan and Zoning Ordinance of the Borough as required by the provisions of t= he Municipal Land Use Law. Designated properties shall also be noted as s= uch on the records for those properties maintained by the offices of the Borough Tax Assessor and the Borough Clerk.

(12) Amendments. Landmark and landmark district designations may be amended in the same manner as they were adopted in accordance with the provisions of this Ordinance.

§233-145. Actions Requiring Review.=

A. Review Required

All permits and development applications involving the development activities t= hat affect a historic landmark or an improvement within a historic district shall be reviewed by the Commission. Such review shall be required for the following actions:

(1) = Demolition of a historic landmark or an improvement w= ithin a historic district.

(2) = Relocation of any structure within a historic distric= t or of any historic landmark.

(3) = All changes in the exterior architectural appearance = of any improvement within a historic district or of any historic landmark by addit= ion, alteration, or replacement.

(4) = Any new construction of an improvement in a historic district.

(5) = Site plans or subdivisions affecting a historic landm= ark or an improvement within a historic district.

(6) = Zoning variances affecting a historic landmark or an = improvement within a historic district.

Within forty-five (45) days of receiving an application for review, the Commission shall submit in writing to the Administrative Officer its recommendation wi= th respect to the application. The report shall include findings and conclusions which are based on evidence in the record. Final determina= tion of the appropriateness of the application shall be made by the Commission, which decision shall be binding on the Administrative Officer.

B. Actions not Requiring Review:

(1) = When a historic landmark requires immediate emergency repair to preserve the continued habitability of the landmark and/or health= and safety of its occupants or others. Emergency repairs shall be performed only in accordance with the following procedure:

(a) When a historic landmark or key or contributing historic district resource requi= res immediate repair to preserve its continued habitability and/or the health a= nd safety of its occupants or others, emergency repairs may be performed in accordance with the applicable construction codes immediately upon approval= of the Construction Official, who shall certify that a bona fide emergency of = the type described herein exists, without first obtaining a Certificate of Appropriateness from the Commission. Under such circumstances, the rep= airs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or health and safety of its occupants or others. Where feasible, temporary measures to prevent fur= ther damage shall be used, provided these measures are reversible without damage= to the building or structure.

(b) Simultaneously with the commencement of the emergency work, the property owner shall make = a request for a Certificate of Appropriateness from the Commission memorializing the approval of said emergency work. This request shall be made pursuant to the procedures set forth in this Ordinance.

(c) It should be noted that the procedures outlined in this Section should be stri= ctly limited to those circumstances which, in the opinion of the Construction Official, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the Construct= ion Official and the Commission.

(2) = Changes to the interior of structures.

(3)