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West Orange City Zoning Code

§ 25-30.3

Historic District and Landmark Designation.

[Ord. No. 2357-12 § 25-30.3]
The purpose of this subsection is to provide the means of designating Historic Districts and Landmarks in the Township of West Orange that are worthy of preservation.
a. 
Procedures. At such time as the Historic Preservation Commission chooses to recommend amendment of the Master Plan and Zoning Map to designate a building, site, structure, object or district as an Historic Landmark or District, the procedures outlined below shall be followed:
1. 
For each Landmark or District, the Commission shall prepare a report of its recommendations. For Historic District nomination, the report shall include: a statement describing it as a Type I or Type II District; an inventory of all buildings or structures within the proposed District, including the age of each, accompanied by black and white photographs of each; a property map of the District showing boundaries; a physical description and statement of significance as per the nomination standards for the National Register of Historic Places. For Historic Landmark nomination, the report shall include: a black and white photograph, a tax map of the property, and a physical description and statement of significance as per the nomination standards for the National Register of Historic Places. Nothing herein shall prevent a particular building or structure that is less than 50 years of age at the time of a District designation from being regulated as historic at a later date provided that the provisions of this ordinance are followed.
2. 
The Historic Preservation Commission shall conduct a public hearing on its proposed recommendations, at which time interested persons shall be entitled to present their opinions, suggestions, and objections on the proposed recommendations for Landmark or District designation. Since the function of the Historic Preservation Commission with respect to designation is advisory only, it is intended that the public hearing be informal, without the need for transcription of minutes or testimony under oath.
3. 
A copy of the Commission report shall be made available for public inspection at least 30 days prior to the hearing.
4. 
Notice of the hearing shall be given at least 30 days prior to the date of the hearing by publication in the official newspaper of the Township or in a newspaper of general circulation in the Township, and by certified mail and regular mail to the owners of record of real property within the area being considered for District designation and to the owner of record of real property being considered for Landmark designation. The notice shall state the date, time, and place of the hearing; the nature of the matters to be considered; identification of the property(ies) proposed for designation by street address and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's Office; the significance and consequences of such designation; and the location and times at which the Commission report is available for public inspection.
5. 
Within 30 days following the public hearing on the proposed Landmark or District, the Commission shall make revisions to its report as it deems appropriate based on its consideration of the comments and suggestions made at the public hearing, and shall forward its final report, including its recommendations, to the Planning Board, Administrative Officer, Mayor and Township Council for their consideration in amending and supplementing the Township's Master Plan and Zoning Map. Such further action as shall be taken for designation of an Historic Landmark or District shall be subject to those statutory procedures which apply to the change of a zoning designation and the adoption, revision, or amendment of any development regulation.
6. 
To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Planning Board with respect to its adoption or amendment of the Master Plan or component parts thereof, including the adoption of any resolution, within 90 days of receipt of the Commission's final report.
7. 
To the extent not contrary to the statutory procedures mandated by the Municipal Land Use Law, the Commission's report shall be acted upon by the Township Council with respect to its adoption or amendment of the Zoning Ordinance, or any part thereof, including the adoption of the Ordinance, within 90 days of receipt of the Commission's final report, during which time, and from the time of the Commission's publication of its initial report, there shall be no alterations or improvements made to the Landmark or District sought to be designated in a manner which would be prohibited if such property(ies) were to be designated.
8. 
Copies of the list of designated Historic Districts and Landmarks shall be made public and distributed to all municipal agencies reviewing development applications, building permits and housing permits.
b. 
Criteria for Designation. The historic inventory and survey shall be used as a basis for identifying properties worthy of designation as Historic Landmarks and Districts. The criteria for evaluating and designating Historic Landmarks and Districts shall be in accordance with the National Register Criteria, which are as follows:
1. 
The quality of significant in American history, architecture, archeology, engineering, and culture is present in districts, landmarks, sites, buildings, structures and objects that possess integrity of location, design, setting, materials, workmanship, feeling and association, and;
(a) 
That are associated with events that have made a significant contribution to the broad patterns of our history; or
(b) 
That are associated with the lives of persons significant in our past; or
(c) 
That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(d) 
That have yielded, or may be likely to yield, information important in prehistory or history.
c. 
Designated Landmarks. The following sites have been designated as Historic Landmarks:
1. 
Block 39, Lot 56 (29 South Valley Road).
2. 
Block 39, Lot 61.01 (21 South Valley Road).
3. 
Block 60, Lot 2 (13 Main Street).
4. 
Block 66, Lot 1 (177 Main Street).
5. 
Block 89, Lot 68 (Llewellyn Park Gate House).
6. 
Block 115, Lot 30.01 (Edison National Historic Site).
7. 
Block 177.08, Lot 20 (695 Eagle Rock Avenue).
8. 
Block 177.12, Lot 60 (757 Eagle Rock Avenue).