[HISTORY: Adopted by the Mayor and Council
of the Borough of Glassboro 9-12-2000 by Ord. No. 00-27. Amendments noted where applicable.]
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:
A new improvement constructed as part of an existing improvement
when such new improvement changes the exterior architectural appearance
of the existing improvement.
The person designated by the Mayor to handle the administration
of building permit applications as referenced in this chapter.
The act by which any development alters the exterior architectural
appearance of a designated historic site.
Any work done on any improvement which:
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.
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.
A document indicating permission or a permit to commence
work or activity on a structure located at a designated historic site.
Partial or total razing or destruction of any historic site
or any improvement at a designated historic site.
The condition of being in need of repairs; a structure or
building in disrepair.
Work necessary to prevent destruction or dilapidation to
real property or structural appurtenances thereto immediately threatened
or damaged by fire, flood, earthquake or other unpredictable or unpreventable
source.
[Added 3-22-2022 by Ord. No. 22-11]
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.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
and/or objects and which, when viewed collectively:
Represent a significant period(s) in the architectural
and social history and development of the municipality.
Have a distinctive character resulting from
their architectural style.
Because of their distinctive character, can
readily be viewed as an area or district from surrounding portions
of the municipality.
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:
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
Associated with the historic personages important
in national, state or local history; or
The site of a historic event which had a significant
effect on the development of the nation, state or community; or
An embodiment of the distinctive characteristics
of a type, period or method of architecture or engineering; or
Representative of the work of an important builder,
designer, artist or architect; or
Significant for containing elements of design,
detail, materials or craftsmanship which represent a significant innovation;
or
Able or likely to yield information important
in prehistory or history.
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.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of the state,
its communities or the nation and that has been so designated pursuant
to this chapter.
[Added 3-22-2022 by Ord. No. 22-11]
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.
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.
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.
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.
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.
The act of partially or completely causing a structure or
portion of a structure to change to another location, position, station
or residence.
Any work done on any improvement which:
The act or process of replicating any exterior architectural
feature.
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.
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:
(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 historic archaeology
to history, archeology, architectural history, architecture, and historic
architecture.
[Amended 3-22-2022 by Ord. No. 22-11]
(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.
[Amended 3-22-2022 by Ord. No. 22-11]
(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.
(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[1] and guidance provided by the National Park Service and
State Historic Preservation Office.
[Amended 3-22-2022 by Ord. No. 22-11]
[1]
Editor's Note: See 54 U.S.C. § 300101 et seq.
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.[2]
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.
[Amended 3-22-2022 by Ord. No. 22-11]
C.
Final decision by Commission. After full consideration of the evidence brought forth at the public 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.
[Amended 3-22-2022 by Ord. No. 22-11]
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 an 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 an 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 an 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.
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 (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 (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.
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.
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 an 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.
C.
Removals within the Borough. In regard to an application to move an 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:
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 an 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,
in concert with the Secretary of the Interior's Standard for the Treatment
of Historic Properties, 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":
[Amended 3-22-2022 by Ord. No. 22-11]
(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 therefor
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.
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 therefor. 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]
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.
