The purposes of this article are as follows:
A. 
The historical, cultural, architectural and social heritage of Glen Gardner is given in trust from generation to generation to be used, enriched and then passed on;
B. 
The character, lifestyle and very quality of life in Glen Gardner depends in great measure on the Borough protecting this heritage of the past;
C. 
The ongoing presence of historic landmarks, as an essential element of municipal character and identity, is an important factor in the economy of the Borough and the property values therein;
D. 
Such landmarks are vital to the education and civic-mindedness of Glen Gardner's young people;
E. 
A number of critical factors such as deterioration, blight, inattention and development threaten such landmarks; and
F. 
The welfare of the Borough is dependent on the preservation of its historic heritage for the reasons set forth above.
A. 
The Planning Board is hereby given, pursuant to N.J.S.A. 40:55D-26, authority to grant or deny approvals for certificates of appropriateness under § 104-177 hereof.
B. 
There is hereby established an advisory committee to the Planning Board, pursuant to N.J.S.A. 40:55D-27, which committee shall be known as the Historic Preservation Commission.
C. 
The Commission shall consist of five members.
(1) 
Three members shall be citizens holding no other municipal office.
(2) 
One member shall be knowledgeable in building design and construction and/or architectural history.
(3) 
One member shall be knowledgeable or have demonstrated an interest in local history.
D. 
Members shall be appointed by the Mayor and serve for three-year terms, except that of the first members appointed, three shall be appointed for one-year terms. Such members may, at the expiration of one-year terms, be eligible for three-year terms. Vacancies shall be filled in the same manner in which the previous incumbent was appointed, and such vacancy appointment shall be only for the balance of such incumbent's expired term.
E. 
The Commission shall elect from its membership a Chairman and a Vice Chairman.
F. 
The Commission shall create rules and procedures for the transaction of its business, subject to the following regulations:
(1) 
A quorum for the transaction of business shall consist of three of the Commission's members, including the Chairman, or, in his or her absence, the Vice Chairman, but not less than a majority of the full authorized membership may grant or deny a certificate of appropriateness.
(2) 
The Commission shall appoint a Secretary who need not be a member of the Commission. The Secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determination and decisions. All such material shall be public records.
(3) 
All meetings shall comply with the Open Public Meetings Act (N.J.S.A. 10:4-7 et seq.).
G. 
The Commission members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of official business.
H. 
Within the limits of funds appropriated for the performance of its work, grants and gifts, the Commission may obtain the services of qualified persons to direct, advise and assist the Commission and may obtain the equipment, supplies and other material necessary to its effective operation.
I. 
The Commission is empowered to seek advisory opinions and technical assistance from all municipal employees on any matter within the Commission's jurisdiction.
J. 
Powers and duties. The Commission shall:
(1) 
Within six months of its organization, prepare and adopt pursuant to § 104-176A et seq. hereof a historic landmarks designation list and map, which shall then be referred to the Borough Council for adoption by ordinance.
(2) 
Hear and make recommendations to the Planning Board on applications for certificates of appropriateness pursuant to § 104-177 hereof.
(3) 
Amend, from time to time, as circumstances warrant, the historic landmark designation list and map.
(4) 
Report at least annually to the Planning Board and the Borough Council on the state of historic preservation in the Borough and to recommend measures to improve the same.
(5) 
Collect and disseminate material on the importance of historic preservation and techniques for achieving the same.
(6) 
Advise all municipal agencies regarding goals and techniques of historic preservation.
(7) 
Adopt and promulgate such regulations and procedures not inconsistent with this article as are necessary and proper for the effective and efficient performance of the duties herein assigned.
K. 
Interpretive statement.
(1) 
In adopting this article, it is the intention of the Borough Council to create an agency which can administer a system of preservation regulation based on a rational plan and objectives which will complement existing land use and construction code legislation. The controls herein established, while compatible with N.J.S.A. 40:55D-28(b)(6) and Section 516 of the BOCA Code, should be viewed as having an independent basis under N.J.S.A. 40:48-2.
(2) 
Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any property owner of complying with the requirements of any other state statutes or municipal ordinances or regulation.
(3) 
In the event of any inconsistency, ambiguity or overlapping of requirement between this article and any other requirement enforced by the Borough, the more restrictive shall apply to the effect that state or federal legislation has not preempted the Borough's powers to enforce more stringent requirements.
(4) 
This article should not be viewed as requiring or prohibiting the use of any particular architectural style; rather, the purpose is to preserve the past by making it compatible with and relevant to the present. To that end, new construction in or near a landmark should not necessarily duplicate the style of the landmark; it should simply be compatible with and not detract from the landmark.
A. 
The Commission shall make a comprehensive survey of the Borough of Glen Gardner for the purpose of identifying historic districts and landmarks which are worthy of protection and preservation.
B. 
Based on the survey or upon the recommendation of concerned citizens, the Commission shall document the importance and historical significance to the municipality, state or nation of each landmark designation in terms of the purposes and criteria set forth in this article. Thereafter, the Commission, by certified mail, shall:
(1) 
Notify each owner that his or her property has been tentatively designated a historic landmark and the reasons therefor.
(2) 
Advise each owner of the significance and consequences of such tentative designation and advise him or her of his or her opportunities and rights to challenge or contest such designation.
C. 
The Commission shall, as soon as practicable, make public a complete list and map of the tentatively designated historic landmarks and districts specifying the location, boundaries and proper names thereof and, in each case, the reason for such designation (refer to the Historic Resources element of the 1989 Comprehensive Master Plan). In designating any landmark or historic district, the Commission may exempt any improvement or any portion of any Tax Map lot the demolition or alteration or improving of which would not affect the landmark or district as to the purposes and criteria set forth in this article. Such exemption shall only be for good cause shown and upon affirmative vote of 2/3 of the full authorized membership of the Commission. The tentative list and map shall thereafter be submitted at a public hearing to the examination and criticism of the public. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list and map showing all proposed historic districts and landmarks shall be published, together with notice of the hearing on the same, in the official newspaper not less than 10 days before such hearing is to be held.
D. 
After full consideration of the evidence brought forth at the special hearing, the Commission shall make its final decisions on the designations and shall issue its final report to the public stating reasons in support of its actions with respect to each landmark and historic district designation.
E. 
The list and map shall thereafter be submitted to the Secretary of the Planning Board. The Planning Board shall then determine whether to accept the designation list and incorporate the same into the Master Plan.
F. 
The list shall be submitted thereafter to the Borough Clerk. The Borough Council shall then consider whether to adopt the designation list and map as part of the zoning provisions of this chapter. Once adopted, the designation list and map may be amended in the same manner in which it was adopted.
G. 
Copies of the designation list and official map, as adopted, shall be made public and distributed to all municipal agencies reviewing development applications and all building and housing permits. A certificate of designation shall be served by certified mail upon the owner of each site included in the final list, and a true copy thereof shall be filed with the County Clerk for recordation in the same manner as certificates of lien upon real property.
H. 
Each designated historic district or landmark may be marked by an appropriate plaque in such form as the Commission shall promulgate by regulation.
A. 
Actions requiring a certificate of appropriateness. A certificate of appropriateness issued by the Planning Board shall be required before a permit is issued of the following, or, in the event that no other type of permit is otherwise required, before work can commence on any of the following activities on the property of any landmark within any historic district:
(1) 
Demolition of an historic landmark or of any improvement within any historic district.
(2) 
Relocation of any historic landmark or of any improvement within any historic district.
(3) 
Change in the exterior appearance of any existing landmark or of any improvement within any historic district by addition, alteration or replacement.
(4) 
Changes in or addition of new signs or exterior lighting, except that no certificate of appropriateness shall be required for one unlit sign per premises if the surface area of such sign does not exceed one square foot for an identification sign or four square feet for a commercial sign, provided that either of the same is attached to and parallel to a facade of the building or structure.
(5) 
Any new construction of a principal or accessory structure.
B. 
Exceptions. A certificate of appropriateness shall not be required for any repainting, repair or exact replacement of any existing improvement. In the event that the color or exterior surface material of the improvement shall be changed as a result of such repainting, repair or exact replacement, a certificate of appropriateness shall not be required if the new color or exterior surface is one that has been previously approved by regulations duly promulgated by the Commission for similar improvement in that district or exact replacement does not conform to the said regulations, a certificate of appropriateness shall be required.
A. 
All applicants shall complete a preapplication form promulgated by the Commission not less than 10 days before a Commission meeting.
B. 
The Commission shall review the preapplication form and classify the applicant in accordance with the relief requested.
(1) 
If the action for which the certificate of appropriateness is requested will substantially affect those characteristics of the landmark listed on the landmark designation or, in the case of a structure within an historic district, will substantially affect the characteristics of the district listed on the district's landmark designation, the Commission shall classify the applicant as a major application and write the applicant to submit a full application as described in the Commission regulations.
(2) 
If the action for which the certificate of appropriateness is requested will not substantially affect the landmark or district as stated above, then the Commission shall classify the application as a minor application.
C. 
Minor applications may be heard and recommendations made to the Planning Board immediately upon classification. Such immediate hearing shall be at the Commission's discretion, if they feel there is sufficient evidence on the record at that point. If the Commission finds that an adjacent property may be affected by the action for which a certificate has been requested, the Commission may order, as a condition subsequent to the approval of a minor application, that the applicant send certified mail notices of the Commission's actions to such owners of adjacent property as the Commission believes might be affected by their action. Such owners shall have 30 days to file a written objection, absent which the minor approval shall be deemed final. If written objection is received, the Commission shall hear the objector on the record prior to reconsidering its decision. The objector shall have full rights to present evidence and to cross-examine prior witnesses. The Commission shall hear and make recommendations on any objection within 45 days of its receipt.
D. 
Recommendations on major applications shall be made within 45 days after an approval is declared complete. In addition to those items required by regulation to be submitted as part of a full application, the applicant shall also submit:
(1) 
A certificate that all property owners within 200 feet of the lot lines of the historic landmark property have been sent certified mail notice of the application not less than 10 days before it is to be heard; and
(2) 
Proof of publication of a notice of the application in the official newspaper not less than 10 days before it is to be heard.
E. 
The Historic Preservation Commission shall make a recommendation on the application within 45 days after the Secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of proposed action and may grant approval upon such conditions as it deems appropriate within the intent and purposes of this article. After action by the Planning Board pursuant to § 104-175A hereof, the Secretary of the Planning Board shall notify the applicant, in writing, of such resolution and provide the applicant with a certified copy thereof. A summary of the Planning Board's action shall be published in the official newspaper.
F. 
In the event that an applicant alleges that compliance with the requirements of this section would be an unreasonable hardship and that the nature of his or her application is such that the minor change sought neither justifies the time and expense of the plenary proceeding nor will impact negatively on the public good nor specifically on the historic qualities sought to be preserved; the Commission, by a two-thirds affirmative vote of its full authorized membership, may grant such relief from the requirements of this section as it deems consistent with the public good and the purposes of this article.
G. 
An applicant may allege that a certificate of appropriateness should be granted without his or her fulfilling all of the application requirements set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access and, therefore, that the said addition or alteration cannot adversely affect the public interest. In that event the Commission, by a majority vote of its full authorized membership, upon a finding that the applicant's claim is accurate, may forthwith recommend the grant of a certificate of appropriateness on that basis.
A. 
Demolition. In regard to an application to demolish an historic landmark or any improvement within an historic district, the following matters shall be considered:
(1) 
Its historic, architectural and aesthetic significance.
(2) 
Its use.
(3) 
Its importance to the Borough and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(4) 
The extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could not be reproduced or could be reproduced only with great difficulty.
(5) 
The extent to which its retention would promote the general welfare by maintaining and increasing real estate values, generating business, creating new jobs, attracting tourists, students, writers, historians, artists and artisans, attracting new residents, encouraging study and interest in American history, stimulating interest and study in architecture and design, educating citizens in American culture and heritage or making the Borough a more attractive and desirable place in which to live.
(6) 
If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
B. 
Removals out of the municipality. In regard to an application to move an historic landmark within an historic district to a location outside the Borough, the following matters shall be considered:
(1) 
The historic loss to the site of original location.
(2) 
The compelling reasons for not retaining the landmark or structure at its present site.
(3) 
The proximity of the proposed new location to the Borough, including the accessibility to the residents of the Borough and other citizens.
(4) 
The probability of significant damage to the landmark or structure itself.
(5) 
The applicable matters listed in Subsection A above.
C. 
Removals within the municipality. In regard to an application to move an historic landmark or any structure in an historic district to a new location within the Borough, the following matters shall be considered in addition to the matters listed in Subsection B above:
(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 article.
(2) 
If the proposed new location is within an historic district, the visual compatibility factors as set forth in Subsection G hereof.
D. 
Visual compatibility considered for additions or removals. In regard to an application to move a landmark or structure into or to construct a new structure or add to or alter an existing structure within an historic district or a landmark, the visual compatibility of the proposed structure with the structures and surroundings to which it would be visually related shall be considered in terms of the visual compatibility factors as set forth in Subsection G hereof.
E. 
Consideration on other actions. In regard to an application for other approval of any proposed action as set forth in § 104-177A hereof, the following matters shall be considered:
(1) 
If an historic landmark or a structure in an historic district is involved:
(a) 
The impact of the proposed change on its historic and architectural character;
(b) 
Its importance to the Borough and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest; and
(c) 
The extent to which there would be involvement of textures and materials that could not be reproduced or could be reproduced only with great difficulty.
(2) 
The use of any structure involved.
(3) 
The extent to which the proposed action would adversely affect the public's view of an historic landmark or structure within an historic district from a public street.
(4) 
If the application deals with a structure within an historic district, the impact the proposed change would have on the character and ambience of the historic district and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth in Subsection G hereof.
F. 
Additional matters considered. In regard to all applications, additional pertinent matters may be considered, but in no instance shall interior arrangement be considered.
G. 
Visual compatibility factors. In assessing the effect of any proposed change under application for any landmark, the following "visual compatibility" factors shall be used to analyze the effect that the change applied for would have on the landmark and on those structures to which the landmark is visually related:
(1) 
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(2) 
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.
(3) 
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(4) 
Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of buildings shall be visually compatible with the buildings and places to which they are visually related.
(5) 
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(6) 
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(7) 
Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(8) 
Roof shapes. The roof shape of a building shall be visually compatible with buildings to which it is visually related.
(9) 
Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(10) 
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually compatible.
(11) 
Directional expression of front elevation. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
A. 
The Planning Board may, based on the minutes of the Commission's hearing of the application or on such additional testimony and evidence as the Planning Board may wish to receive, accept or reject such recommendation, setting forth the reasons for its decision in resolution form. Such resolution shall be adopted within 45 days of receipt of the Commission's recommendation.
B. 
Issuance of a certificate of appropriateness shall be deemed to be final approval pursuant to this article. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested vis-a-vis the landmark or structure in the historic district. A certificate shall be valid for two years or such reasonable extensions thereof as the Planning Board shall deem it in the public interest to grant.
C. 
Denial of a certificate of appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for vis-a-vis a landmark or improvement in an historic district.
D. 
The granting or denial of a certificate of appropriateness may be appealed to the Borough Council in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-17 from action by the Planning Board or Zoning Board of Adjustment.
E. 
Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the Borough Council.
A. 
If any person shall undertake any activity vis-a-vis a landmark or improvement within an historic district without first having obtained a certificate of appropriateness, such person shall be deemed to be in violation of this article.
B. 
Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot wherein the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Borough with said notice, a copy shall be posted on-site and a copy sent by certified mail, return receipt requested, to the owner at his or her last known address as it appears on the municipal tax rolls.
C. 
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this article. Each separate day the violation exists shall be deemed to be a new and separate violation of this article.
D. 
The penalty for violations shall be as provided in § 104-94.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
In the event that any action which would permanently adversely change the historic landmark or historic district such as demolition or removal is about to occur without a certificate of appropriateness having been issued, the Planning Board is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any historic landmark.
A. 
Recognizing the need for preventive maintenance to ensure the continued useful life of landmarks and structures in historic districts, the Borough Council hereby declares that code enforcement vis-a-vis historic landmarks and structures in historic districts is a high municipal priority.
(1) 
In the event that any landmark or improvement in an historic district deteriorates to the point that, in the best estimate of the Building Inspector, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire improvement on which the violations occur, the Building Inspector shall serve personally or by certified mail, return receipt requested, a notice on the owner of the landmark listing the violations, the estimate for their abatement and the replacement cost of the improvement and stating that if the owner does not take all necessary remedial action within 90 days, or such extensions as the Building Inspector shall for good cause grant, the Borough may, at the expiration of 90 days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.
(2) 
Hearing.
(a) 
Upon receipt of such notice, the owner may, within 10 days after such receipt, notify the Building Inspector of his or her wish to have a hearing as to the allegations and estimates set forth in the Building Inspector's notice. Such hearing shall be conducted by the Borough Council and shall, so far as possible, be a formal adversary proceeding in which the Building Inspector shall establish the matters alleged in the notice by a preponderance of the evidence.
(b) 
If the owner does not request a hearing, the procedures set forth in Subsection A(1) above shall obtain. If a hearing is requested, the Building Inspector will within 10 days following the hearing serve on the owner an opinion, in writing, setting forth his or her conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection A(1) hereof.
(3) 
Thereafter, if the owner does not comply, the Building Inspector may enter onto the premises and, by use of municipal labor or outside contractors, or both, perform such work as is necessary to abate all violations.
(4) 
The Building Inspector shall then certify to the Borough Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Borough Council.
(5) 
The Borough Council may, by resolution, vote to cause the sum so certified to become a lien upon the landmark property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes.
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvement thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness and to inform both the Secretary of the Commission and the applicant.