Borough of Glassboro, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 9-12-2000 by Ord. No. 00-27. Amendments noted where applicable.]
GENERAL REFERENCES
Attendance policy — See Ch. 14.
Development regulations and zoning — See Ch. 107.
Uniform construction codes — See Ch. 203.
A. 
The Legislature of the State of New Jersey has, in N.J.S.A. 40:55D-1 et seq., as amended, delegated the responsibility to local units of government to adopt regulations designed to promote the protection of certain architecturally, historically and archaeologically significant structures, sites or districts for the general welfare of its citizenry.
B. 
Purpose and objectives. The Borough of Glassboro recognizes that it has areas, places and structures of historic, archaeological and architectural significance. It is in the interest of the general welfare to preserve these areas, places and structures and to ensure that new development is compatible and relevant with these areas, places and structures. This chapter will achieve these purposes and objectives and will promote the preservation of the environment, promote a desirable visual environment through creative development techniques and good civic design and arrangements, prevent the degradation of the environment through improper use of land and promote the most appropriate use of land in the Borough.
The terms set forth hereinafter shall have the following meanings:
ADDITION
A new improvement constructed as part of an existing improvement when such new improvement changes the exterior architectural appearance of the existing improvement.
ADMINISTRATIVE OFFICER
The person designated by the Mayor to handle the administration of building permit applications as referenced in this chapter.
AFFECTING A DESIGNATED HISTORIC SITE
The act by which any development alters the exterior architectural appearance of a designated historic site.
ALTERATION
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.
APPLICANT
Any private person, persons or any representative or any private entity, private organization, association or public agency with legal authority to make an alteration, addition, improvement, renovation, repair or demolish a structure.
BUILDING
Any structure, either temporary or permanent, having a roof (including an annex or addition) which requires for its use a fixed location on the land and which is designed, intended or used for the sheltering or protection of persons, animals or chattel.
CERTIFICATE OF APPROPRIATENESS
A document indicating permission or a permit to commence work or activity on a structure located at a designated historic site.
DEMOLITION
Partial or total razing or destruction of any historic site or any improvement at a designated historic site.
DISREPAIR
The condition of being in need of repairs; a structure or building in disrepair.
EXTERIOR ARCHITECTURAL FEATURE
Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, type, color, and texture of the building materials, signs, fences and other decorative architectural elements.
HISTORIC DISTRICT
A geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects and which, when viewed collectively:
A. 
Represent a significant period(s) in the architectural and social history and development of the municipality.
B. 
Have a distinctive character resulting from their architectural style.
C. 
Because of their distinctive character, can readily be viewed as an area or district from surrounding portions of the municipality.
HISTORIC LANDMARK(S)
Any buildings, structures, sites or objects which possess integrity of location, design, setting, materials, workmanship and association and which have been determined, pursuant to the terms of this chapter, to be:
A. 
Of particular historic significance to the Borough of Glassboro by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community; or
B. 
Associated with the historic personages important in national, state or local history; or
C. 
The site of a historic event which had a significant effect on the development of the nation, state or community; or
D. 
An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering; or
E. 
Representative of the work of an important builder, designer, artist or architect; or
F. 
Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
G. 
Able or likely to yield information important in prehistory or history.
HISTORIC PRESERVATION COMMISSION
The body which, for the purposes of this chapter, acts as the historic preservation commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
IMPROVEMENT
Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location or such construction or installation for a period of not less than 120 continuous days.
OBJECT
A thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
ORDINARY MAINTENANCE
The act of repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly practicable to its condition prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, including signs, using the same materials and having the same appearance.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and details of the exterior building, structure, object, or part thereof, as it appeared at the specific period of time.
REHABILITATION
The act or process of returning the exterior of a building or structure to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic, architectural and cultural values.
REMOVAL
The act of partially or completely causing a structure or portion of a structure to change to another location, position, station or residence.
REPAIR
Any work done on any improvement which:
A. 
Is not an addition to the improvement; and
B. 
Does not change the exterior architectural appearance of any improvement.
REPLACEMENT
The act or process of replicating any exterior architectural feature.
RESTORATION
The act or process of accurately recovering the form and details of the exterior of a building and/or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land. For purposes of this chapter, the word "structure" shall also include fences, walls, independent radio and television antennas, gasoline pumps, pergolas and swimming pools.
There is hereby created in and for the Borough of Glassboro a Commission to be known as the "Historic Preservation Commission of the Borough of Glassboro."
A. 
Composition of the Historic Preservation Commission. The Historic Preservation Commission shall be comprised of seven members, with two alternates:
(1) 
Of the seven regular Commission members:
(a) 
Three shall be Class A or Class B members, said classes being defined as:
[1] 
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the Borough.
[2] 
Class B: a person who is knowledgeable in or has a demonstrated interested in local history and who may reside outside the Borough.
(b) 
Four shall be Class C members, said class being defined as citizens of the Borough who shall hold no other Borough office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment.
(c) 
To the extent available from within the Borough of Glassboro, the Mayor shall appoint, with regard to Class A or Class B members, trained individuals from the disciplines of architecture, history, architectural history, prehistoric archaeology and historic archaeology who meet the requirements as set forth in the 1980 amendments of the National Historic Preservation Act. Should such individuals not be available from within the Borough, the Mayor shall have the authority to appoint such individuals who reside outside of the Borough. In the event that the Mayor is unable to appoint an individual with the appropriate credentials for the Class A or Class B members of the Commission, then the New Jersey Historic Preservation Office may grant an exemption upon a filing of a petition by the Mayor. Should such an exemption be granted, then the Mayor may fill those positions with individuals who meet the requirements for Class C membership.
(2) 
Of the two alternate Commission members, both shall be Class C members, as Class C is defined above. The two alternate Commission members shall be respectively designated "Alternate No. 1" and "Alternate No. 2."
B. 
Appointment of Historic Preservation Commission members.
(1) 
Regular members shall be appointed by the Mayor and shall serve for four-year terms, except that Borough Planning Board or Zoning Board of Adjustment members shall serve during their incumbency in office.
(2) 
The terms of the members first appointed under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed, in the case of the regular members, evenly over the first four years after their appointment and, in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years.
(3) 
Vacancies shall be filled, within 60 days, in the same manner in which the previous incumbent was appointed and for such incumbent's unexpired term.
C. 
Election of Chairman and Vice Chairman. The Historic Preservation Commission shall elect from its membership a Chairman and a Vice Chairman.
D. 
Establishment of rules and regulations. The Historic Preservation 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 four of the Historic Preservation Commission's members, including the Chairman, or in his 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 Historic Preservation Commission shall appoint a Secretary, who need not be a member of the Historic Preservation Commission. The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record.
(3) 
The Historic Preservation Commission shall prepare and adopt rules of procedure which will be made available to the public and which include a specific section prohibiting conflicts of interest.
E. 
Compensation of Commission members. The members of the Historic Preservation Commission shall serve without compensation.
F. 
Retention of professional assistance. Within limits of funds that have been appropriated for the performance of its work, grants and gifts, the Historic Preservation Commission shall obtain the services of qualified professional individuals to direct, advise and assist the Historic Preservation Commission and may obtain the equipment, supplies and other materials necessary to its effective operation. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the Borough Council. Further, the Commission is responsible for ensuring that when a discipline is not represented on the Commission, and the Commission considers an action which is normally evaluated by a professional in a specific discipline, the Commission shall obtain professional expertise before rendering a decision.
G. 
Powers and duties. The Historic Preservation Commission shall have the following powers and duties:
(1) 
Within 12 months of its organization, the Historic Preservation Commission shall prepare and adopt, pursuant to § 65-4 et seq. of this chapter, a Landmark and Historic Districts Designation List and Official Landmarks Map which shall then be referred to the Planning Board for inclusion in the Borough Master Plan pursuant to N.J.S.A. 40:55D-28b and to the Borough Council of the Borough of Glassboro for inclusion in the Historic Preservation Ordinance.
(2) 
Hear and decide applications for certificates of appropriateness pursuant to § 65-6 of this chapter for landmarks as designated under § 65-4.
(3) 
Amend, from time to time, as circumstances warrant, the Historic Landmarks Designation List and Official Landmarks Map in the manner set forth in § 65-4.
(4) 
Report at least annually to the Planning Board and the Borough Council of the Borough of Glassboro on the state of historic preservation in the Borough and to recommend measures to improve same.
(5) 
Collect and disseminate material on the importance of historic preservation and specific techniques for achieving same.
(6) 
Advise all Borough agencies regarding goals and techniques of historic preservation.
(7) 
Adopt and promulgate such regulations and procedures not inconsistent with this chapter as are necessary and proper for the effective and efficient performance of the duties herein assigned.
(8) 
Review all proposed National Register nominations for properties that come within the jurisdiction of the Commission, as established by the criteria of the 1980 amendments of the National Historic Preservation Act of 1966.
H. 
Meetings. The Historic Preservation Commission shall meet on a regular basis, but a minimum of four times a year. All meetings shall comply the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
I. 
Conflicts of interest. No member of the Historic Preservation Commission of Glassboro shall be permitted to act on any matter coming before the Commission in which he or she has, either directly or indirectly, any personal or financial interest.[1]
[1]
Editor's Note: See also Ch. 50, Ethics, Code of.
J. 
Emergency meetings of Commission.
(1) 
In the event that there arises a need for an emergency meeting of the Historic Preservation Commission, the Commission Chairman shall convene a meeting of the Commission after having given due and appropriate notice in accordance with the State Open Public Meetings Act. The Commission Chairman shall instruct the Secretary to personally or telephonically contact the Commission members to inform them of the time, date and location of the emergency meeting and the purpose of the emergency meeting.
(2) 
Emergency meetings shall be convened for such instances as pending demolition permits to designated historic sites in the Borough or such other circumstances that warrant the immediate action of the Commission.
(3) 
In the case of any emergency meetings, all of the requirements for the transaction of business during a regular scheduled meeting shall apply.
A. 
The Historic Preservation Commission shall make a comprehensive survey of the Borough of Glassboro for the purpose of identifying historic landmarks and sites which are worthy of protection and preservation. Such survey shall be based upon an identification process approved by the State of New Jersey Historic Preservation Office, Department of Environmental Protection.
B. 
Documentation and notification. Based on the survey or upon recommendation of concerned citizens, the Historic Preservation Commission shall document the importance and historical significance to the Borough, state and nation of each landmark designation in terms of the purpose and criteria set forth in this chapter. Thereafter, the Historic Preservation Commission, by certified mail, shall:
(1) 
Notify each owner that his property has been tentatively designated a historic landmark.
(2) 
Advise each owner of the significance and consequences of such tentative designation and advise him of his opportunities and rights to challenge or contest such designation.
(3) 
Invite each owner to consent voluntarily to final designation without the need for public hearing or other protection.
C. 
Final decision by Commission. After full consideration of the evidence brought forth at the special hearing, the Historic Preservation 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 historic landmark designation. Any final decision of the Commission may be appealed in accordance with § 65-9.
D. 
Submission of list to Borough Clerk and Planning Board. The list of historic landmarks shall be submitted thereafter to the Secretary of the Borough Planning Board and to the Borough Clerk of the Borough of Glassboro. Prior to adoption of the ordinance adopting the Designation List, the Borough Council shall refer same to the Planning Board for recommendations. The Borough Council shall then consider whether to adopt the Designation List and Landmark Map by ordinance. Once adopted, the Designation List and Landmark Map may be amended in the same manner in which they were initially adopted.
E. 
Distribution of Historic Landmarks Designation List and Official Landmarks Map. Copies of the Historic Landmarks Designation List and Official Landmarks Map, as adopted, shall be made public and distributed to all Borough 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 Gloucester County Clerk and Registrar of Deeds for recording in the same manner as certificates of lien upon real property.
F. 
Placement of plaques. Each designated historic landmark may be marked by an appropriate plaque in such form as the Historic Preservation Commission shall promulgate by regulation.
G. 
Criteria for designation of a historic landmark. In considering an individual site, building or structure for becoming designated as historically, architecturally or archaeologically significant, the Historic Preservation Commission shall give consideration to the following criteria:
(1) 
That it is associated with events that have been a significant contribution to the broad patterns of our history.
(2) 
That it is associated with the lives of persons significant in our past.
(3) 
That it embodies the distinctive characteristics of a type, period or method of construction or that it represents the work of a master, or that it possesses high artistic values or that it represents a significant and distinguishable entity whose components may lack individual distinction.
(4) 
That it has yielded, or may be likely to yield, information important in prehistory or history.
(5) 
Ordinarily, cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years shall not be considered eligible for designation as a landmark. However, such properties may qualify if they fall within the following categories:
(a) 
A religious property deriving primary significance from architectural or artistic distinction or historical importance.
(b) 
A building or structure removed from its original location but which is significant primarily for architectural value or which is the surviving structure most importantly associated with a historic person or event.
(c) 
A birthplace or grave of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his productive life.
(d) 
A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features or from association with historic events.
(e) 
A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other building or structure with the same association has survived.
(f) 
A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.
(g) 
A property achieving significance within the past 50 years if it is of exceptional importance.
A. 
Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Historic Preservation Commission shall be required before a permit is issued by any of the following or, in the event that no other type of permit is otherwise require, before any work can commence on any of the following activities on the property of any designated historic landmark:
(1) 
Demolition or improvement of a historic landmark.
(2) 
Relocation of any historic landmark.
(3) 
Change in the exterior appearance of any existing landmark by addition, alteration or replacement.
(4) 
Any new construction of a principal or accessory structure.
(5) 
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 and one half square feet.
B. 
Exceptions.
(1) 
A certificate of appropriateness shall not be required for any repainting, repair or exact replacement of any 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 exterior surface is one that has been previously approved by regulations duly promulgated by the Historic Preservation Commission for similar improvement as to that particular historic landmark.
(2) 
In terms of an exact replacement of finishes, materials or architectural elements, it is understood that the Historic Preservation Commission would prefer an applicant to maintain, stabilize and repair the original or existing finishes, materials or architectural elements before considering the replacement of same. However, should the original or existing finishes, materials or architectural elements be of such a deteriorated condition as to require replacement, the new finishes, materials or architectural elements should be designed and installed to replicate the material, color, size, contour, configuration and design of that which is being replaced.
(3) 
When a designated historic landmark requires immediate or emergency repair to preserve the continued habitability of the structure and/or the health, safety and welfare of the occupants, such repairs may be performed in accordance with the Borough codes without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs shall be only such as are necessary to protect the health, safety and welfare of the occupants of the historic landmark and/or to maintain the habitability of the landmark as determined by the Borough Construction Official. In such cases, the property owner shall immediately notify the Commission of such repairs. A request for review shall be made as soon as possible, and no further work shall be performed upon the structure until an appropriate approval is obtained in accordance with the provisions for emergency review with cases of extreme emergency which call for extensive repairs or alterations.
C. 
Right of appeal. Any decision by the Historic Commission as to the issuance of a certificate of appropriateness may be appealed in accordance with the provisions of § 65-9.
A. 
Application procedure. Application for a certificate of appropriateness shall be made on forms available from either the Borough Clerk or the Secretary of the Historic Preservation Commission. Completed applications shall be delivered to the Secretary of the Historic Preservation Commission at Borough Hall.
B. 
Application information and supporting documents. Applications for a certificate of appropriateness shall include the following:
(1) 
All forms completed by the applicant.
(2) 
The following exhibits:
(a) 
Where new construction is proposed, an overall site plan layout, at a scale of one inch equals 20 feet, showing the location of all adjacent properties.
(b) 
Sufficient color photographs of all adjacent properties and buildings within a minimum of 60 feet of the landmark property lines. Each photograph shall be properly identified and referenced on the site plan.
(c) 
Elevation drawings may be optional at the Commission's request. All building elevations required shall be at a minimum scale of 1/8 inch equals one foot.
(d) 
Applicants should be prepared to furnish the Commission with manufacturer's catalog cuts as well as specifications for products to be used.
C. 
Time frame of decision by Commission.
(1) 
The Historic Preservation Commission shall reach a decision 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 Historic Preservation Commission. The Historic Preservation 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 purpose of this section of this chapter.
(2) 
The Historic Preservation Commission may postpone demolition of a designated historic landmark or for a property for which such designation has been applied for (and no decision has been rendered) for a period of up to 12 months. No Borough official shall issue a demolition permit for a landmark or for a property for which such designation has been applied for (and no decision has been rendered) without approval from the Historic Preservation Commission. If the Historic Preservation Commission determines to postpone demolition, it shall promptly initiate such actions as may lead to the preservation of the landmark.
(3) 
If an application is approved, the Historic Preservation Commission shall forthwith issue a certificate of appropriateness. The Historic Preservation Commission shall state its reasons in writing in resolution form within 10 days of such a decision. In case of disapproval, the Historic Preservation Commission shall notify the applicant, in writing, of such resolution of disapproval, and reasons therefor, and provide the applicant with a certified copy thereof. A summary of the Historic Preservation Commission's action shall be published in the official newspaper within 10 days of such action.
(4) 
The Secretary of the Historic Preservation Commission shall forward a copy of the Commission's written action on an application to the Construction Official and the Borough Planning Board or Zoning Board of Adjustment if either body is also reviewing the application within 10 days of the Commission's decision.
D. 
Appeal to Commission of hardship. In the event that the applicant alleges that compliance with the requirements of this section of this chapter would be an unreasonable hardship and that the nature of his application is such that the change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good not specifically on the historic qualities sought to be preserved, the Historic Preservation Commission, by a 2/3 affirmative vote of its full authorized membership, may grant such relief from the requirements of this section of this chapter as it deems consistent with the public good and the purposes of this chapter.
E. 
Request for certificate of appropriateness for alteration creating negligible impact. An applicant may allege that a certificate of appropriateness should be granted without the fulfilling of all 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 said addition or alteration cannot adversely affect the public interest and cannot affect an architecturally significant elevation. In that event, the Historic Preservation Commission, by a majority vote of its full authorized membership, upon a finding that the applicant's claim is accurate, may forthwith grant a certificate of appropriateness on that basis.
F. 
Appeal of decision. Any appeal of the Historic Preservation Commission of any decision made by the Commission under this section shall be made in accordance with § 65-9.
In making its determinations and recommendations, the Historic Preservation Commission shall take into consideration specific standards as set forth below:
A. 
Demolitions. In regard to an application to demolish a historic landmark, the following matters shall be considered:
(1) 
Its historic, architectural, archaeological and/or aesthetic significance.
(2) 
Its use.
(3) 
Its importance to the Borough and the extent to which its historical, architectural or archaeological 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 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.
B. 
Removals out of the Borough. In regard to an application to move a historic landmark to a location outside of the Borough, the following matters shall be considered:
(1) 
The historic loss to the site of the original location.
(2) 
The compelling reasons for not retaining the landmark or structure at its present location.
(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 as a result of the move.
(5) 
The applicable matters set forth in § 65-7A of this chapter.
C. 
Removals within the Borough. In regard to an application to move a historic landmark to a new location within the Borough, the following matters shall be considered in addition to the matters set forth in § 65-7B of this chapter:
(1) 
The compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the intent and purposes of this chapter.
(2) 
The visual compatibility factors as set forth in § 65-7F of this chapter.
D. 
Considerations on other actions. In regard to an application for approval of any proposed action, as set forth in § 65-6 of this chapter, the following matter shall be considered:
(1) 
If a historic landmark 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.
(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 a landmark or structure from a public street.
E. 
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
F. 
Visual compatibility factors. The following factors shall be used in determining the visual compatibility of a building, structure or appurtenance thereof with the buildings and places to which they are visually related and shall be known as "visual compatibility factors":
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of the building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(3) 
Proportion of openings within the facility. The relationship of the width of the windows to the height of the 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 front facade. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and placed to which it is visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and the 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 the entrance or entrances and the 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 shapes of a building shall be visually compatible with the 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 and the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(11) 
Directional expression of front facade. 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.
(12) 
Siting. New buildings should have the same relative placement on the lot as the older structures and the setback distance from the street should be equal.
(13) 
Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways and parking areas shall be compatible with the features of those structures to which it is visually related.
A. 
Approved certificate of appropriateness deemed positive recommendation.
(1) 
If a certificate of appropriateness has been issued for an application that also requires approval of the Planning Board or the Zoning Board of Adjustment, the certificate of appropriateness shall be deemed to be a positive recommendation to the Planning Board or the Zoning Board of Adjustment as to the historic preservation aspects of the matter before the Planning Board or the Zoning Board of Adjustment.
(2) 
The Planning Board or Zoning Board of Adjustment may, nevertheless, affirm or deny the application based on the entire record before it, notwithstanding the certificate of appropriateness as to the historic preservation aspects.
B. 
Denials of certificate of appropriateness. When the Preservation Commission denies certification on a development application, and the property which is the subject of the development application has also filed an application before either the Zoning Board of Adjustment or the Planning Board of the Borough of Glassboro, notice of such action and a statement of reasons for the decision shall be sent to the appropriate Board.
Any applicant, person or entity seeking an appeal of any decision made by the Historic Preservation Commission made under §§ 65-4, 65-5 and 65-6 of this chapter may do so by written notice of appeal served not later than 45 days following publication of the decision of the Commission to the Mayor and Council of the Borough of Glassboro.
A. 
How to file an appeal with Mayor and Council. All appeals shall be in  writing, filed with the Borough Clerk within the time period set forth in this section. The written notice of appeal shall set forth in numbered paragraphs the basis for the appeal. The appellant shall also attach to the appeal any and all documents which the appellant wishes Mayor and Council to consider regarding the appeal.
B. 
Hearing of appeal by Mayor and Council; time. Mayor and Council shall conduct a public hearing on any appeal within 60 days following the receipt of said written appeal. Mayor and Council may, in its discretion, consider oral testimony of the appellant and any witnesses; consider any documents submitted with the written notice of appeal; any documents supplied by the Historic Preservation Commission; and any and all other materials or documents which Mayor and Council, in its sole discretion, shall deem relevant.
C. 
Notice of decision on Appeal. Mayor and Council shall make a decision on the appeal at the time of the hearing. A determination of the appeal shall be based upon majority vote. The determination of Mayor and Council shall state its decision and reasons therefore in written resolution form within 10 days from such decision. A summary of the determination of the appeal shall be published in the official newspaper within 10 days of such decision.
D. 
Right of judicial review. Nothing herein shall be deemed to limit the right of judicial review of Borough action after an appeal is concluded by Borough Council of the Borough of Glassboro.
Any person who shall undertake any activity in relation to a historic landmark without first having obtained a certificate of appropriateness, shall be deemed to be in violation of this chapter.
A. 
Service of notice of violation. Upon learning of the violation, the Construction Official shall personally serve upon the owner of the lot whereon the violation is occurring or has occurred a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark to its status quo ante. If the owner cannot be personally served within the Borough with the said notice, a copy of same shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the Borough tax rolls.
B. 
Issuance of summons and complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question, whichever is earlier, the Construction Official shall cause to be issued a summons and complaint, returnable in the Glassboro Municipal Court, charging violation of this chapter. Each separate day the violation exists shall be deemed to be a new and separate violation of this chapter.
C. 
Penalties. The penalty for violations shall be as follows:
(1) 
For each day, up to 10 days, not more than $25 per day.
(2) 
For each day, 11 to 25 days, not more than $50 per day.
(3) 
For each day beyond 25 days, not more than $75 per day.
D. 
Injunctive relief. In the event that any action which would permanently and/or adversely change the historic landmark, such as alteration, demolition or removal, is about to occur without a certificate of appropriateness having been issued, the Construction Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction, removal or alteration of any historic landmark.
Recognizing the need for preventive maintenance to ensure the continued useful life of historic landmarks and structures, the Borough Council of the Borough of Glassboro hereby declares that code enforcement in relation to historic landmarks and structures a high Borough priority.
A. 
Deterioration and service of notice of violation. In the event that any historic landmark deteriorates to the point that, in the good faith estimate of the Borough Construction Official, the cost of correcting the outstanding code violations equals more than 25% of time cost of replacing the entire improvement on which the violations occur, the Construction Official 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 if the owner does not take all necessary remedial action within 90 days, or such extensions of time as the Construction Official shall for good cause grant, the Borough may, at the expiration of the ninety-day period, enter upon the property in question and abate the violations itself and cause the cost thereof to become a lien on the property.
B. 
Request for hearing by property owner.
(1) 
Upon receipt of such notice from the Borough Construction Official, the owner may, within 10 days after such a receipt, notify the Construction Official in writing of a request for a hearing as to the allegations and estimates set forth in the Construction Official's notice. Such hearing shall be conducted by the Historic Preservation Commission and shall, so far as possible, be a formal adversary proceeding in which the Commission must find that the matters alleged  in the notice have been proven by a preponderance of the evidence.
(2) 
If the owner does not request a hearing, the procedures set forth in § 65-11A of this chapter shall pertain. If a hearing is requested, the Construction Official will, within ten days following the hearing, serve on the owner the written decision of the Commission, setting forth the conclusions and the reasons therefore. Such decision shall be deemed to be a first notice pursuant to § 65-11A of this chapter.
C. 
Violation abatement by Borough.
(1) 
Thereafter, if the owner of the property in question does not comply, the Construction Official may enter onto the premises and, by use of Borough labor or outside contractors, or both, perform such work as is necessary to abate all violations.
(2) 
The Construction Official shall then certify to the Borough Council of the Borough of Glassboro the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present same to the Borough Council of the Borough of Glassboro.
(3) 
The Borough Council of the Borough of Glassboro may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property in question, payable with the next quarter's property taxes and, if not paid, bearing interest at the same rate as delinquent taxes.
It shall be the duty of all Borough officials reviewing all permit applications involving real property or improvements thereon to determine whether such applications involve any activity which should also be the subject of an application for a certificate of appropriateness, and it if should, to inform, in writing, both the Secretary of the Commission and the applicant in a timely fashion.
A. 
The properties hereinafter set forth are the Designated List of Landmarks and Historic Sites established by the Historic Preservation Commission of the Borough of Glassboro pursuant to § 65-4 of this chapter:
(1) 
St. Thomas Cemetery, North Main Street (1791).
(2) 
St. Thomas Episcopal Church and Cemetery, Main and Focer Streets, Block 15, Lot 6.
(3) 
Glassboro Intermediate School, Focer Street and Delsea Drive (1929), Block 412, Lot 26.
(4) 
Methodist Cemetery, McCleland Avenue and Delsea Drive.
(5) 
Academy Street School, Academy Street (1818).
(6) 
American Legion Hall, High Street (1921).
(7) 
Glass Museum, High Street and Center Street (1925).
(8) 
First National Bank, High Street and Main Street (1926).
(9) 
Old Fire Station, High Street (1910).
(10) 
Methodist (Victorian) Parsonage, Main Street and New Street.
(11) 
Whitney (Richard Capie) Victorian Home, West Street.
(12) 
Holly Bush (Whitney) Mansion, Rowan University Campus, Block 387, Lot 1.
(13) 
Laurel Hall, Rowan University Campus.
(14) 
Oak Hall, Rowan University Campus.
(15) 
Carriage House, Rowan University Campus, Block 387, Lot 1.
(16) 
Sangree Greenhouse, Rowan University Campus.
(17) 
Bunce Hall (normal school), Rowan University Campus (1923).
(18) 
Glassboro Railroad Station, Whitney and Oak Avenue, Block 497.
(19) 
Eastern White Pine Trees located on both sides of the entire length of University Boulevard.
[Added 6-24-2003 by Ord. No. 03-20]
B. 
Nothing in this chapter shall prohibit the Borough of Glassboro, at a future date, from adopting a district to be known as the "Glassboro Historic District" in accordance with § 65-2 meeting the definition of "historic district" as defined therein.
A. 
Nothing contained within this chapter 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 regulations.
B. 
In the event of any inconsistency, ambiguity or overlapping of requirements between these provisions and any other requirements enforced by the municipality, the more restrictive shall apply, to the effect that state and/or federal legislation has not preempted the municipality's power to enforce more stringent standards.
C. 
This chapter's requirements 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 historic building and/or structure should not necessarily duplicate the style; rather, it should be compatible with and not detract from the neighborhood and its environment.
D. 
In no case shall this chapter be interpreted to review or regulate activities for repair or installation of public utility lines, including water, sewer, telephone, gas and electric or any underground improvement; and other utility improvement that does not affect the exterior of an existing structure or does not constitute a new building or structure or improvements within the public right-of-way.
This chapter shall take effect upon final adoption, publication and the filing of a copy of said chapter with the Gloucester County Planning Board, all in accordance with law.