This article shall be known as the "Municipal Commemoratives Code."

As used in this article, the following terms shall have the meanings indicated:

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:

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.

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.