[Adopted 7-17-2012 by Ord. No. 1383]
This article shall be known as the "Municipal Commemoratives
Code."
As used in this article, the following terms shall have the
meanings indicated:
Any sign, banner, plaque, bench, statue, stone, tree, plant,
pole, bicycle rack, or any other contrivance, containing any text,
symbol, or photograph, which names, honors, or otherwise contemplates
a living person or an event.
Any sign, banner, plaque, bench, statue, stone, tree, plant,
pole, bicycle rack, or any other contrivance, containing any text,
symbol, or photograph, which names, honors, or otherwise contemplates
a person who is deceased.
No person shall erect any memorial or commemorative on any public
property, including but not limited to any street, sidewalk, parkland,
or right-of-way, except in conformance with this article and any other
applicable sections of the Borough Code.
Any person or group who desires to place a memorial or commemorative
on any public property shall first submit to the Zoning Officer an
application, which must, at a minimum, contain the following information:
A.
An identification of the person or group wishing to place the memorial
or commemorative;
B.
The specific location of the proposed memorial or commemorative,
and a photograph of the location;
C.
A statement of reasons for the placement of the memorial, such as
the person or event's importance or significance;
D.
A professional drawing or catalog photograph of the commemorative
or memorial, with dimensions;
E.
The full text of any words to appear on the commemorative or memorial,
and a depiction of any photograph or symbol to appear on the commemorative
or memorial;
F.
The method of installation of the commemorative or memorial and identification
of the person or group that will physically install it;
G.
The approximate cost of the commemorative or memorial, and a statement
that the person or group desiring to place the commemorative or memorial
either has sufficient funds available for the commemorative or memorial,
or the person or group's plan for acquiring sufficient funds for the
placement of the memorial;
H.
An acknowledgement that the applicant will comply with the provisions
of this article and all other applicable sections of the Borough Code;
and
I.
An acknowledgement that, upon placement, the memorial or commemorative
shall become the property of the Borough.
The Zoning Officer shall conduct a review of the application
to determine whether the application is complete. If the Zoning Officer
determines that the application is complete, he shall determine whether
approval by the Historic District Commission and/or Planning Board
is required, in which case the Zoning Officer shall refer the application
to the appropriate body for consideration. If the Zoning Officer determines
that approval by the Historic District Commission and/or Planning
Board is not required, the Zoning Officer shall refer the application
to the Borough Clerk for placement on an appropriate agenda for Borough
Council consideration.
Notwithstanding the provisions of § 450-184, above, the Borough Council shall have the authority to grant final approval or rejection of all applications to place memorials or commemoratives. If an application is referred to the Historic District Commission and/or Planning Board, the Borough Council shall not take action on the application until such time as the Planning Board has made a decision on the application. Nothing in this section shall limit the Borough Council's authority to refer any application to the Planning Board for a report and recommendation in accordance with N.J.S.A. 40:55D-26b.
Upon placement, the memorial or commemorative shall become the
property of the Borough.
A.
If a memorial or commemorative is in need of maintenance, as determined
by the Chief of Police, the Zoning Officer, or the Superintendent
of Public Works, the Borough may notify the person or group who placed
the memorial or commemorative of the need for maintenance, and provide
the person or group with:
(1)
An opportunity to determine the cost of the necessary maintenance
(which cost and supporting information shall be provided to the Borough
upon request of the Borough), and an opportunity to perform the necessary
maintenance; and/or
(2)
Information as to the cost to the Borough to perform the necessary
maintenance.
B.
If the person or group is unwilling to perform or fund the necessary
maintenance, or cannot, after reasonable diligence, be contacted or
fails to respond, the Borough may, in its discretion, remove the memorial
or commemorative.
If, in the Borough Council's judgment, it is necessary to relocate
a memorial or commemorative, the Borough Council shall have the right
to do so, after consultation with the person or group who placed the
memorial or commemorative (or the inability of the Borough, after
reasonable diligence, to contact the person or group who placed the
commemorative or memorial, or its failure to respond.)
The Zoning Officer or a designee of the Zoning Officer shall
maintain a log of the date of the placement of all memorials and commemoratives
placed pursuant to this article. On the 10th anniversary of the placement
of a memorial or commemorative, the Borough may conduct a review of
the memorial or commemorative to determine its condition, continued
relevance, and appropriateness of location. The Borough may, after
consultation with the person or group who placed the memorial or commemorative
(or the inability of the Borough, after reasonable diligence, to contact
the person or group who placed the commemorative or memorial, or its
failure to respond) elect, in its sole discretion, to remove or relocate
the memorial or commemorative. Notwithstanding the foregoing, the
review permitted under this section shall not preclude the Borough
from conducting a review of any commemorative or memorial at any time
should conditions warrant such a review.
This article shall take effect 20 days after the first publication
of its final passage and shall apply to all commemoratives or memorials
sought to be placed on or after that date; provided, however, that
any replacement or modification to any existing memorial or commemorative
shall be governed by the terms of this article upon replacement or
modification.
Nothing in this article shall affect in any way the Borough's
right to place a memorial or commemorative under Borough sponsorship
or using Borough funds.
