§ 160A-400.8. Powers of the Historic Preservation Commission.
§ 160A‑400.8. Powers of the Historic Preservation Commission.
A preservation commission established pursuant to this Part may, withinthe zoning jurisdiction of the municipality:
(1) Undertake an inventory of properties of historical,prehistorical, architectural, and/or cultural significance;
(2) Recommend to the municipal governing board areas to bedesignated by ordinance as "Historic Districts"; and individualstructures, buildings, sites, areas, or objects to be designated by ordinanceas "Landmarks";
(3) Acquire by any lawful means the fee or any lesser includedinterest, including options to purchase, to properties within establisheddistricts or to any such properties designated as landmarks, to hold, manage,preserve, restore and improve the same, and to exchange or dispose of theproperty by public or private sale, lease or otherwise, subject to covenants orother legally binding restrictions which will secure appropriate rights ofpublic access and promote the preservation of the property;
(4) Restore, preserve and operate historic properties;
(5) Recommend to the governing board that designation of anyarea as a historic district or part thereof, or designation of any building,structure, site, area, or object as a landmark, be revoked or removed forcause;
(6) Conduct an educational program with respect to historicproperties and districts within its jurisdiction;
(7) Cooperate with the State, federal, and local governments inpursuance of the purposes of this Part. The governing board or the commissionwhen authorized by the governing board may contract with the State, or theUnited States of America, or any agency of either, or with any otherorganization provided the terms are not inconsistent with State or federal law;
(8) Enter, solely in performance of its official duties and onlyat reasonable times, upon private lands for examination or survey thereof. However, no member, employee or agent of the commission may enter any privatebuilding or structure without the express consent of the owner or occupantthereof;
(9) Prepare and recommend the official adoption of apreservation element as part of the municipality's comprehensive plan;
(10) Review and act upon proposals for alterations, demolitions,or new construction within historic districts, or for the alteration ordemolition of designated landmarks, pursuant to this Part; and
(11) Negotiate at any time with the owner of a building,structure, site, area, or object for its acquisition or its preservation, whensuch action is reasonably necessary or appropriate. (1989, c. 706, s. 2.)