[Amended 11-2-2020 by Ord. No. 1692]
A. The Planning Board shall make available to the Commission
an informational copy of every application submitted to the Board
for development and/or zoning changes in historic districts or on
historic sites designated on the Zoning Map or in the historic preservation
element of the Master Plan. The appropriate Board shall forward a
copy of the complete application at least 14 days prior to the hearing.
The Commission shall make its recommendations to the appropriate Board
in the form of a written report or it may convey its advice through
its delegation of one of its members or staff to testify orally at
the hearing on the application and to explain any written report which
may have been submitted.
B. The Commission's recommendations shall focus on how the proposed undertaking would affect a site or district's historic or architectural significance as outlined in §
141-103A of this article. In considering the Commission's recommendations, the Planning Board shall be guided by the review standards established in §
141-107 of this article.
C. On all matters referred to the Commission which require
approval or action by the Planning Board, the decision of the Commission
shall be a recommendation only, which may be approved, disapproved
or amended by the Planning Board. In the event that the Planning Board
should disapprove or amend the decision of the Commission, it shall
state its reasons therefor at a public hearing and in its resolution
of memorialization.
The Zoning Officer shall refer all applications
for permits pertaining to regulated activities on an historic site,
or within an historic district, to the Commission for a written report
on the application of the zoning provisions concerning historic preservation
to any of those aspects of the change proposed, which were not determined
by approval of an application for development by a municipal agency,
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Commission shall submit its report on the application to the Zoning
Officer within 45 days of his referral of the application to the Commission.
If, within the forty-five-day period, the Commission recommends to
the Zoning Officer against the issuance of a permit, or recommends
conditions to the permit to be issued, the Zoning Officer shall deny
issuance of a permit or include the conditions in the permit, as the
case may be. Failure of the Commission to report within the forty-five-day
period shall be deemed to constitute a report in favor of issuance
of the permit and without the recommendation of conditions to the
permit.
No duties or powers of the Commission shall
supersede or infringe on the powers of other Borough boards or committees.
The listing of historic district properties
is attached hereto and made a part hereof.