The purposes of this article are as follows:
A.
The historical, cultural, architectural and social
heritage of Glen Gardner is given in trust from generation to generation
to be used, enriched and then passed on;
B.
The character, lifestyle and very quality of life
in Glen Gardner depends in great measure on the Borough protecting
this heritage of the past;
C.
The ongoing presence of historic landmarks, as an
essential element of municipal character and identity, is an important
factor in the economy of the Borough and the property values therein;
D.
Such landmarks are vital to the education and civic-mindedness
of Glen Gardner's young people;
E.
A number of critical factors such as deterioration,
blight, inattention and development threaten such landmarks; and
F.
The welfare of the Borough is dependent on the preservation
of its historic heritage for the reasons set forth above.
A.
The Planning Board is hereby given, pursuant to N.J.S.A. 40:55D-26, authority to grant or deny approvals for certificates of appropriateness under § 104-177 hereof.
B.
There is hereby established an advisory committee
to the Planning Board, pursuant to N.J.S.A. 40:55D-27, which committee
shall be known as the Historic Preservation Commission.
C.
The Commission shall consist of five members.
D.
Members shall be appointed by the Mayor and serve
for three-year terms, except that of the first members appointed,
three shall be appointed for one-year terms. Such members may, at
the expiration of one-year terms, be eligible for three-year terms.
Vacancies shall be filled in the same manner in which the previous
incumbent was appointed, and such vacancy appointment shall be only
for the balance of such incumbent's expired term.
E.
The Commission shall elect from its membership a Chairman
and a Vice Chairman.
F.
The Commission shall create rules and procedures for
the transaction of its business, subject to the following regulations:
(1)
A quorum for the transaction of business shall
consist of three of the Commission's members, including the Chairman,
or, in his or her absence, the Vice Chairman, but not less than a
majority of the full authorized membership may grant or deny a certificate
of appropriateness.
(2)
The Commission shall appoint a Secretary who
need not be a member of the Commission. The Secretary shall keep minutes
and records of all meetings and proceedings, including voting records,
attendance, resolutions, findings, determination and decisions. All
such material shall be public records.
(3)
All meetings shall comply with the Open Public
Meetings Act (N.J.S.A. 10:4-7 et seq.).
G.
The Commission members shall serve without compensation
but shall be reimbursed for expenses incurred in the performance of
official business.
H.
Within the limits of funds appropriated for the performance
of its work, grants and gifts, the Commission may obtain the services
of qualified persons to direct, advise and assist the Commission and
may obtain the equipment, supplies and other material necessary to
its effective operation.
I.
The Commission is empowered to seek advisory opinions
and technical assistance from all municipal employees on any matter
within the Commission's jurisdiction.
J.
Powers and duties. The Commission shall:
(1)
Within six months of its organization, prepare and adopt pursuant to § 104-176A et seq. hereof a historic landmarks designation list and map, which shall then be referred to the Borough Council for adoption by ordinance.
(2)
Hear and make recommendations to the Planning Board on applications for certificates of appropriateness pursuant to § 104-177 hereof.
(3)
Amend, from time to time, as circumstances warrant,
the historic landmark designation list and map.
(4)
Report at least annually to the Planning Board
and the Borough Council on the state of historic preservation in the
Borough and to recommend measures to improve the same.
(5)
Collect and disseminate material on the importance
of historic preservation and techniques for achieving the same.
(6)
Advise all municipal agencies regarding goals
and techniques of historic preservation.
(7)
Adopt and promulgate such regulations and procedures
not inconsistent with this article as are necessary and proper for
the effective and efficient performance of the duties herein assigned.
K.
Interpretive statement.
(1)
In adopting this article, it is the intention
of the Borough Council to create an agency which can administer a
system of preservation regulation based on a rational plan and objectives
which will complement existing land use and construction code legislation.
The controls herein established, while compatible with N.J.S.A. 40:55D-28(b)(6)
and Section 516 of the BOCA Code, should be viewed as having an independent
basis under N.J.S.A. 40:48-2.
(2)
Nothing contained herein shall supersede the
powers of other local legislative or regulatory bodies or relieve
any property owner of complying with the requirements of any other
state statutes or municipal ordinances or regulation.
(3)
In the event of any inconsistency, ambiguity
or overlapping of requirement between this article and any other requirement
enforced by the Borough, the more restrictive shall apply to the effect
that state or federal legislation has not preempted the Borough's
powers to enforce more stringent requirements.
(4)
This article should not be viewed as requiring
or prohibiting the use of any particular architectural style; rather,
the purpose is to preserve the past by making it compatible with and
relevant to the present. To that end, new construction in or near
a landmark should not necessarily duplicate the style of the landmark;
it should simply be compatible with and not detract from the landmark.
A.
The Commission shall make a comprehensive survey of
the Borough of Glen Gardner for the purpose of identifying historic
districts and landmarks which are worthy of protection and preservation.
B.
Based on the survey or upon the recommendation of
concerned citizens, the Commission shall document the importance and
historical significance to the municipality, state or nation of each
landmark designation in terms of the purposes and criteria set forth
in this article. Thereafter, the Commission, by certified mail, shall:
(1)
Notify each owner that his or her property has
been tentatively designated a historic landmark and the reasons therefor.
(2)
Advise each owner of the significance and consequences
of such tentative designation and advise him or her of his or her
opportunities and rights to challenge or contest such designation.
C.
The Commission shall, as soon as practicable, make
public a complete list and map of the tentatively designated historic
landmarks and districts specifying the location, boundaries and proper
names thereof and, in each case, the reason for such designation (refer
to the Historic Resources element of the 1989 Comprehensive Master
Plan). In designating any landmark or historic district, the Commission
may exempt any improvement or any portion of any Tax Map lot the demolition
or alteration or improving of which would not affect the landmark
or district as to the purposes and criteria set forth in this article.
Such exemption shall only be for good cause shown and upon affirmative
vote of 2/3 of the full authorized membership of the Commission. The
tentative list and map shall thereafter be submitted at a public hearing
to the examination and criticism of the public. Interested persons
shall be entitled to present their opinions, suggestions and objections
at this public hearing. A list and map showing all proposed historic
districts and landmarks shall be published, together with notice of
the hearing on the same, in the official newspaper not less than 10
days before such hearing is to be held.
D.
After full consideration of the evidence brought forth
at the special hearing, the Commission shall make its final decisions
on the designations and shall issue its final report to the public
stating reasons in support of its actions with respect to each landmark
and historic district designation.
E.
The list and map shall thereafter be submitted to
the Secretary of the Planning Board. The Planning Board shall then
determine whether to accept the designation list and incorporate the
same into the Master Plan.
F.
The list shall be submitted thereafter to the Borough
Clerk. The Borough Council shall then consider whether to adopt the
designation list and map as part of the zoning provisions of this
chapter. Once adopted, the designation list and map may be amended
in the same manner in which it was adopted.
G.
Copies of the designation list and official map, as
adopted, shall be made public and distributed to all municipal agencies
reviewing development applications and all building and housing permits.
A certificate of designation shall be served by certified mail upon
the owner of each site included in the final list, and a true copy
thereof shall be filed with the County Clerk for recordation in the
same manner as certificates of lien upon real property.
H.
Each designated historic district or landmark may
be marked by an appropriate plaque in such form as the Commission
shall promulgate by regulation.
A.
Actions requiring a certificate of appropriateness.
A certificate of appropriateness issued by the Planning Board shall
be required before a permit is issued of the following, or, in the
event that no other type of permit is otherwise required, before work
can commence on any of the following activities on the property of
any landmark within any historic district:
(1)
Demolition of an historic landmark or of any
improvement within any historic district.
(2)
Relocation of any historic landmark or of any
improvement within any historic district.
(3)
Change in the exterior appearance of any existing
landmark or of any improvement within any historic district by addition,
alteration or replacement.
(4)
Changes in or addition of new signs or exterior
lighting, except that no certificate of appropriateness shall be required
for one unlit sign per premises if the surface area of such sign does
not exceed one square foot for an identification sign or four square
feet for a commercial sign, provided that either of the same is attached
to and parallel to a facade of the building or structure.
(5)
Any new construction of a principal or accessory
structure.
B.
Exceptions. A certificate of appropriateness shall
not be required for any repainting, repair or exact replacement of
any existing improvement. In the event that the color or exterior
surface material of the improvement shall be changed as a result of
such repainting, repair or exact replacement, a certificate of appropriateness
shall not be required if the new color or exterior surface is one
that has been previously approved by regulations duly promulgated
by the Commission for similar improvement in that district or exact
replacement does not conform to the said regulations, a certificate
of appropriateness shall be required.
A.
All applicants shall complete a preapplication form
promulgated by the Commission not less than 10 days before a Commission
meeting.
B.
The Commission shall review the preapplication form
and classify the applicant in accordance with the relief requested.
(1)
If the action for which the certificate of appropriateness
is requested will substantially affect those characteristics of the
landmark listed on the landmark designation or, in the case of a structure
within an historic district, will substantially affect the characteristics
of the district listed on the district's landmark designation, the
Commission shall classify the applicant as a major application and
write the applicant to submit a full application as described in the
Commission regulations.
(2)
If the action for which the certificate of appropriateness
is requested will not substantially affect the landmark or district
as stated above, then the Commission shall classify the application
as a minor application.
C.
Minor applications may be heard and recommendations
made to the Planning Board immediately upon classification. Such immediate
hearing shall be at the Commission's discretion, if they feel there
is sufficient evidence on the record at that point. If the Commission
finds that an adjacent property may be affected by the action for
which a certificate has been requested, the Commission may order,
as a condition subsequent to the approval of a minor application,
that the applicant send certified mail notices of the Commission's
actions to such owners of adjacent property as the Commission believes
might be affected by their action. Such owners shall have 30 days
to file a written objection, absent which the minor approval shall
be deemed final. If written objection is received, the Commission
shall hear the objector on the record prior to reconsidering its decision.
The objector shall have full rights to present evidence and to cross-examine
prior witnesses. The Commission shall hear and make recommendations
on any objection within 45 days of its receipt.
D.
Recommendations on major applications shall be made
within 45 days after an approval is declared complete. In addition
to those items required by regulation to be submitted as part of a
full application, the applicant shall also submit:
(1)
A certificate that all property owners within
200 feet of the lot lines of the historic landmark property have been
sent certified mail notice of the application not less than 10 days
before it is to be heard; and
(2)
Proof of publication of a notice of the application
in the official newspaper not less than 10 days before it is to be
heard.
E.
The Historic Preservation Commission shall make a recommendation on the application within 45 days after the Secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action and may grant approval upon such conditions as it deems appropriate within the intent and purposes of this article. After action by the Planning Board pursuant to § 104-175A hereof, the Secretary of the Planning Board shall notify the applicant, in writing, of such resolution and provide the applicant with a certified copy thereof. A summary of the Planning Board's action shall be published in the official newspaper.
F.
In the event that an applicant alleges that compliance
with the requirements of this section would be an unreasonable hardship
and that the nature of his or her application is such that the minor
change sought neither justifies the time and expense of the plenary
proceeding nor will impact negatively on the public good nor specifically
on the historic qualities sought to be preserved; the Commission,
by a two-thirds affirmative vote of its full authorized membership,
may grant such relief from the requirements of this section as it
deems consistent with the public good and the purposes of this article.
G.
An applicant may allege that a certificate of appropriateness
should be granted without his or her fulfilling all of the application
requirements set forth herein because the addition or alteration contemplated
will not be visible from any place to which the public normally has
access and, therefore, that the said addition or alteration cannot
adversely affect the public interest. In that event the Commission,
by a majority vote of its full authorized membership, upon a finding
that the applicant's claim is accurate, may forthwith recommend the
grant of a certificate of appropriateness on that basis.
A.
Demolition. In regard to an application to demolish
an historic landmark or any improvement within an historic district,
the following matters shall be considered:
(1)
Its historic, architectural and aesthetic significance.
(2)
Its use.
(3)
Its importance to the Borough and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual
or uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would promote
the general welfare by maintaining and increasing real estate values,
generating business, creating new jobs, attracting tourists, students,
writers, historians, artists and artisans, attracting new residents,
encouraging study and interest in American history, stimulating interest
and study in architecture and design, educating citizens in American
culture and heritage or making the Borough a more attractive and desirable
place in which to live.
(6)
If it is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
B.
Removals out of the municipality. In regard to an
application to move an historic landmark within an historic district
to a location outside the Borough, the following matters shall be
considered:
(1)
The historic loss to the site of original location.
(2)
The compelling reasons for not retaining the
landmark or structure at its present site.
(3)
The proximity of the proposed new location to
the Borough, including the accessibility to the residents of the Borough
and other citizens.
(4)
The probability of significant damage to the
landmark or structure itself.
C.
Removals within the municipality. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the following matters shall be considered in addition to the matters listed in Subsection B above:
D.
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into or to construct a new structure or add to or alter an existing structure within an historic district or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in Subsection G hereof.
E.
Consideration on other actions. In regard to an application for other approval of any proposed action as set forth in § 104-177A hereof, the following matters shall be considered:
(1)
If an historic landmark or a structure in an
historic district is involved:
(a)
The impact of the proposed change on its historic
and architectural character;
(b)
Its importance to the Borough and the extent
to which its historic or architectural interest would be adversely
affected to the detriment of the public interest; and
(c)
The extent to which there would be involvement
of textures and materials that could not be reproduced or could be
reproduced only with great difficulty.
(2)
The use of any structure involved.
(3)
The extent to which the proposed action would
adversely affect the public's view of an historic landmark or structure
within an historic district from a public street.
(4)
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection G hereof.
F.
Additional matters considered. In regard to all applications,
additional pertinent matters may be considered, but in no instance
shall interior arrangement be considered.
G.
Visual compatibility factors. In assessing the effect
of any proposed change under application for any landmark, the following
"visual compatibility" factors shall be used to analyze the effect
that the change applied for would have on the landmark and on those
structures to which the landmark is visually related:
(1)
Height. The height of the proposed building
shall be visually compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be visually compatible with buildings and places to which it
is visually related.
(3)
Proportion of openings within the facility.
The relationship of the width of windows to the height of windows
in a building shall be visually compatible with the buildings and
places to which it is visually related.
(4)
Rhythm of solids to voids on facades fronting
on public places. The relationship of solids to voids in such facades
of buildings shall be visually compatible with the buildings and places
to which they are visually related.
(5)
Rhythm of spacing of buildings on streets. The
relationship of the building to the open space between it and adjoining
buildings shall be visually compatible with the buildings and places
to which it is visually related.
(6)
Rhythm of entrance and/or porch projections.
The relationship of entrance and porch projections to the street shall
be visually compatible with the buildings and places to which it is
visually related.
(7)
Relationship of materials, texture and color.
The relationship of materials, texture and color of the facade and
roof of a building shall be visually compatible with the predominant
materials used in the buildings to which it is visually related.
(8)
Roof shapes. The roof shape of a building shall
be visually compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building
such as walls, open-type fencing and evergreen landscape masses shall
form cohesive walls of enclosure along a street, to the extent necessary
to maintain visual compatibility of the building with the buildings
and places to which it is visually related.
(10)
Scale of building. The size of a building, the
mass of a building in relation to open spaces, the windows, door openings,
porches and balconies shall be visually compatible with the buildings
and places to which it is visually compatible.
(11)
Directional expression of front elevation. A
building shall be visually compatible with buildings and places to
which it is visually related in its directional character, whether
this be vertical character, horizontal character or nondirectional
character.
A.
The Planning Board may, based on the minutes of the
Commission's hearing of the application or on such additional testimony
and evidence as the Planning Board may wish to receive, accept or
reject such recommendation, setting forth the reasons for its decision
in resolution form. Such resolution shall be adopted within 45 days
of receipt of the Commission's recommendation.
B.
Issuance of a certificate of appropriateness shall
be deemed to be final approval pursuant to this article. Such approval
shall neither cause nor prevent the filing of any collateral application
or other proceeding required by any other municipal ordinance to be
made prior to undertaking the action requested vis-a-vis the landmark
or structure in the historic district. A certificate shall be valid
for two years or such reasonable extensions thereof as the Planning
Board shall deem it in the public interest to grant.
C.
Denial of a certificate of appropriateness shall be
deemed to preclude the applicant from undertaking the activity applied
for vis-a-vis a landmark or improvement in an historic district.
D.
The granting or denial of a certificate of appropriateness
may be appealed to the Borough Council in the same manner as if the
appeal were taken pursuant to N.J.S.A. 40:55D-17 from action by the
Planning Board or Zoning Board of Adjustment.
E.
Nothing herein shall be deemed to limit the right
of judicial review of the municipal action after an appeal is concluded
by the Borough Council.
A.
If any person shall undertake any activity vis-a-vis
a landmark or improvement within an historic district without first
having obtained a certificate of appropriateness, such person shall
be deemed to be in violation of this article.
B.
Upon learning of the violation, the Zoning Officer
shall personally serve upon the owner of the lot wherein the violation
is occurring a notice describing the violation in detail and giving
the owner 10 days to abate the violation by restoring the landmark
or improvement to its status quo ante. If the owner cannot be personally
served within the Borough with said notice, a copy shall be posted
on-site and a copy sent by certified mail, return receipt requested,
to the owner at his or her last known address as it appears on the
municipal tax rolls.
C.
In the event that the violation is not abated within
10 days of service or posting on site, whichever is earlier, the Zoning
Officer shall cause to be issued a summons and complaint, returnable
in the Municipal Court, charging violation of this article. Each separate
day the violation exists shall be deemed to be a new and separate
violation of this article.
E.
In the event that any action which would permanently
adversely change the historic landmark or historic district such as
demolition or removal is about to occur without a certificate of appropriateness
having been issued, the Planning Board is hereby authorized to apply
to the Superior Court of New Jersey for such injunctive relief as
is necessary to prevent the destruction of any historic landmark.
A.
Recognizing the need for preventive maintenance to
ensure the continued useful life of landmarks and structures in historic
districts, the Borough Council hereby declares that code enforcement
vis-a-vis historic landmarks and structures in historic districts
is a high municipal priority.
(1)
In the event that any landmark or improvement
in an historic district deteriorates to the point that, in the best
estimate of the Building Inspector, the cost of correcting the outstanding
code violations equals more than 25% of the cost of replacing the
entire improvement on which the violations occur, the Building Inspector
shall serve personally or by certified mail, return receipt requested,
a notice on the owner of the landmark listing the violations, the
estimate for their abatement and the replacement cost of the improvement
and stating that if the owner does not take all necessary remedial
action within 90 days, or such extensions as the Building Inspector
shall for good cause grant, the Borough may, at the expiration of
90 days, enter upon the property and abate such violations itself
and cause the cost thereof to become a lien on the property.
(2)
Hearing.
(a)
Upon receipt of such notice, the owner may,
within 10 days after such receipt, notify the Building Inspector of
his or her wish to have a hearing as to the allegations and estimates
set forth in the Building Inspector's notice. Such hearing shall be
conducted by the Borough Council and shall, so far as possible, be
a formal adversary proceeding in which the Building Inspector shall
establish the matters alleged in the notice by a preponderance of
the evidence.
(b)
If the owner does not request a hearing, the procedures set forth in Subsection A(1) above shall obtain. If a hearing is requested, the Building Inspector will within 10 days following the hearing serve on the owner an opinion, in writing, setting forth his or her conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection A(1) hereof.
(3)
Thereafter, if the owner does not comply, the
Building Inspector may enter onto the premises and, by use of municipal
labor or outside contractors, or both, perform such work as is necessary
to abate all violations.
(4)
The Building Inspector shall then certify to
the Borough Council the cost of such work, plus all administrative,
clerical and legal costs and overhead attributable thereto, and shall
present the same to the Borough Council.
(5)
The Borough Council may, by resolution, vote
to cause the sum so certified to become a lien upon the landmark property,
payable with the next quarter's property taxes and, if not then paid,
bearing interest at the same rate as delinquent taxes.
It shall be the duty of all municipal officials
reviewing all permit applications involving real property or improvement
thereon to determine whether such application involves any activity
which should also be the subject of an application for a certificate
of appropriateness and to inform both the Secretary of the Commission
and the applicant.
