Rockleigh City Zoning Code
ARTICLE V
H Historic Zone and HF Historic Fringe Area Zone
§ 34-32.1 Purpose; Intent; Conditions and Procedures.
[1973 Code § 88-12A]
a.
Introduction and Background. The State of New Jersey Environmental Protection Commissioner, acting as the State of New Jersey historic preservation officer, has included a portion of the Borough of Rockleigh, which he has designated as the Rockleigh Historic District, in the State Register of Historic Places, because it was one of the few remaining Dutch settlements in northeast New Jersey which still exhibits rural 18th and 19th century cultural characteristics. The United States Department of the Interior, for the same reason, has also designated within the Borough of Rockleigh the same areas as a National Historic District. The Borough of Rockleigh has included within the H Zone, Historic District, the Rockleigh Historic District, as designated by the Environmental Protection Commissioner and the National Historic District. It is the intention of the Borough of Rockleigh in the creation of the H Zone, Historic District, to preserve for the benefit of the people of the Borough of Rockleigh and the people of the State of New Jersey and of the United States these properties and areas as being worthy of preservation for their historic, cultural, architectural and archaeological distinction. The Borough of Rockleigh, in the adoption of the Master Plan for the Borough, has given recognition to the significant number and proportion of historic homes and historic sites within the Borough, as provided in N.J.S.A. 40:55D-1 et seq. It is the purpose and intent of the Borough to give consideration to the character of this district through the protection, enhancement, safeguarding and perpetuation of landmarks, historic homes, historic sites and districts with historical and cultural significance; to stabilize and improve property values; to promote present and future civic pride in our heritage from the past; to guide the most appropriate use and development of all lands, whether in this historic district in the Borough of Rockleigh or throughout the State of New Jersey; to promote a desirable visual environment, the conservation of open space and valuable natural resources; to prevent urban sprawl and degradation of the environment through the improper use of land; and to promote the public health, safety and general welfare.
§ 34-32.2 Planning Board Historic Review and Approval and Historic Preservation Commission.
[1973 Code § 88-12B; Ord. No. 01-02-05, adopted 3/8/2005]
In furtherance of the purpose and intent expressed in § 34-32.1, the Mayor and Council does hereby require historic review approval from the Planning Board as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure within the H Historic Zone and as a condition precedent to the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure within the HF Historic Fringe Area Zone of the Borough of Rockleigh, in accordance with the criteria hereinafter set forth.
§ 34-32.3 Historic Preservation Commission.
[1973 Code § 88-12C; Ord. No. 01-02-05, adopted 3/8/2005; Ord. No. 2014-2]
a.
There is hereby created an Historic Preservation Commission.
b.
The Historic Preservation Commission shall include at least one member of each of the following classes:
c.
The Historic Preservation Commission shall consist of seven regular members and not more than two alternate members. Of the regular members a total of at least one less than a majority shall be of Classes A and B.
1.
Those regular members who are not designated as Class A or B shall be designated as Class C. Class C members shall be citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board.
2.
Alternate members shall meet the qualifications of Class C members. The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2." The term of a regular member shall be four years; and the term of an alternate member shall be two years. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only. Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Planning Board shall be for the terms of membership on the Planning Board.
3.
The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary from its members who may or may not be a member of the Historic Preservation Commission or a municipal employee.
4.
Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
d.
No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has either directly or indirectly, any personal or financial interest.
e.
The Mayor and Council shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.
f.
The Historic Preservation Commission may employ, contract for, and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the municipal attorney at the rate of compensation determined by the Mayor and Council. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by the Mayor and Council for the Commission's use.
g.
The Historic Preservation Commission shall have the responsibility to:
1.
Prepare a survey of historic sites of the municipality pursuant to criteria identified in the survey report.
2.
Make recommendations to the Planning Board on the Historic Preservation Plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.
3.
Advise the Planning Board on the inclusion of historic sites in the recommended capital improvement program.
4.
Advise the Planning Board on applications for development pursuant to Subsection h of this subsection.
5.
Provide written reports pursuant to Subsection I of this subsection on the application of the Zoning Chapter provisions concerning historic preservation; and
6.
Carry out such other advisory, educational and informational functions as will promote historic preservation in the municipality.
h.
The Planning Board shall make available to the Historic Preservation Commission an informational copy of every application submitted to it for development in the Historic Zone or the Historic Area Fringe Zone or on historic sites designated on the Zoning or Official Map or in any component, element of the Master Plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
i.
All applications for the issuance of permits pertaining to historic sites, or property in Historic Districts, and property in Historic Area Fringe Districts shall be referred by the Administrative Officer to the Historic Preservation Commission for a written report on the applications of the Zoning Chapter provisions concerning historic preservation. The Historic Preservation Commission shall submit its report to the Planning Board. The Planning Board shall report to the administrative officer within forty-five (45) days of his referral of the application to the Historic Preservation Commission. If within the forty-five-day period the Planning Board recommends to the administrative officer against the issuance of a permit or recommends conditions to the permit to be issued, the administrative officer shall deny issuance of the permit or include the conditions in the permit, as the case may be. Failure to report without the forty-five-day period shall be deemed to constitute a report in favor of the issuance of the permit and without the recommendation of conditions to the permit.
§ 34-32.4 Review Criteria.
[1973 Code § 88-12D; Ord. No. 01-02-2005, adopted 3/8/2005; Ord. No. 2009-07, adopted 5/12/2009]
a.
In determining whether or not to recommend to the Planning Board the approval of the historic review application, the Historic Preservation Commission shall determine whether the application will be appropriate to the preservation of the H Historic Zone or the HF Historic Fringe Area Zone, as the case may be. The Historic Preservation Commission, in making its determination, shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, age, general design, arrangement, texture, material and color of the exterior architectural features involved and the relationship thereof to the exterior architectural features of the historic buildings and structures in the zone district. The Historic Preservation Commission shall also consider in making its determination the document entitled "Guidelines and Recommendations for Architectural Review in the Rockleigh National Historic District, Borough of Rockleigh, County of Bergen, State of New Jersey," set forth in its entirety in the Appendix of this chapter.
b.
In the H Historic Zone, for the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure within the Historic Zone specifically including but not limited to exterior alterations of existing historic buildings, the exterior architecture shall conform to the authentic style, generally known as "reproduction style," of Early American design, such as Dutch Colonial, New England Colonial, Pennsylvania Dutch or other authentic style in harmony with the existing rural 18th or 19th century dwelling in this zone district. Design elements not conforming to such authentic style, such as garage doors, picture windows and patios, energy saving devices and/or apparatus and/or equipment, for example, solar panels, to the extent that these elements are necessary for the livability of the building, shall be hidden from view from a public street or way by, for example, being placed at the rear of the building by the use of appropriate screening, shall be permitted; but no trees shall be removed to install said devices, apparatus or equipment but trees may be pruned.
c.
In the HF Historic Fringe Area Zone, the Historic Preservation Commission, in its recommendation to the Planning Board, shall give consideration to the general compatibility of exterior design, arrangement and materials proposed to be used, and to any other factor, including aesthetics, which it deems pertinent, from the standpoint of the relationship of the proposed construction or use to the HF Historic Zone. Colonial-style architecture shall not be required, but the design and appearance of the buildings in the HF Zone shall not be of a substantially different character from the existing buildings in the zone district as to create an inappropriate approach to the H Historic Zone.
d.
"Guidelines and Recommendations for Architectural Review in the Rockleigh National Historic District, Borough of Rockleigh, County of Bergen, State of New Jersey" which is included as an attachment to this chapter.
§ 34-32.5 Destruction of Buildings or Structures.
[1973 Code § 88-12E]
Destruction of historic and architecturally significant buildings and structures shall be discouraged. Demolition or removal may be forbidden or postponed for a period of six months, after a public hearing granted to the applicant, if requested, and the Planning Board shall consult civic groups and public agencies to ascertain how the Borough may preserve the building or structure. The Planning Board is empowered to work out with the owner feasible plans for the preservation of buildings and structures, including purchase by the Borough of Rockleigh, where destruction or removal thereof would cause notable historic loss to the public and to the Borough. Moving of such buildings or structures shall be encouraged as an alternative to destruction. If no feasible alternative is reached, demolition or removal shall be permitted.
§ 34-32.6 Relocation of Buildings or Structures.
[1973 Code § 88-12F]
When it is necessary to move a historic or architecturally significant building or structure to another site within the Borough in order to preserve it, upon approval of relocation plans by the Planning Board, the building or structure may be relocated provided that if fulfills the area regulations of the zone as to lot size, setback and yard area. If, however, relocation is within or to the H Historic Zone, it may be in the public interest to grant a variance from normal yard requirements, and where it is deemed by the Planning Board that such a variance will not adversely affect neighboring properties and will maintain the historic appearance of the site, the Planning Board may recommend that such variance from normal yard requirements be made.
§ 34-32.7 Exclusions.
[1973 Code § 88-12G]
Nothing in this Article shall prohibit the repair or rebuilding of any historic building or structure in order to maintain or return the building or structure to its original condition prior to its deterioration or destruction or prevent the alteration, repair or demolition of any recent building, structure or addition out of keeping with the architectural character of said area. Nothing in this Article shall be construed to prevent any ordinary maintenance or repair of an exterior architectural feature now or hereafter in the H Historic Zone or HF Historic Fringe Area Zone which involves no change in design, material, color or outward appearance thereof. Nothing in this Article shall be construed to prevent the construction, reconstruction, alteration or destruction of any such feature which the Construction Official shall determine is required for the public safety because of an unsafe or dangerous condition.
§ 34-32.8 Applications for Repairs; Repair Defined.
[Ord. No. 2009-05, adopted 5/12/2009]
As used in §§ 34-32.2 and 34-32.4b, the word "repair" shall not apply to or include those repairs that constitute restoration of the property to its pre-existing condition with identical materials in quality, style, shape and color. Notwithstanding anything else to the contrary in § 34-32 an application for repairs shall be submitted to the Construction Official. It shall be the duty of the Construction Official to examine the application and other data and the premises upon which any repair is proposed and if it shall appear that the proposed repair falls within the definition set forth above, he shall then issue any necessary permit and there shall be no obligation on the part of the property owner to make application to the Rockleigh Planning Board. If, however, the Construction Official determines that the proposed repair does not fall within the definition of repair set forth above or if the Construction Official is not certain as to whether or not the proposed repair falls within the definition of repair set forth above, he shall: (a) consult with the Chairman of the Historic Preservation Commission and if they cannot agree on the approval or denial of the application then (b) refer the application to the Historic Preservation Commission for determination. In the event the application is denied by the Historic Preservation Commission the applicant may appeal to the Borough Planning Board.
§ 34-33 HISTORIC REVIEW APPLICATION AND CHECKLIST.
[Ord. No. 06-15, § 88-13, adopted 10/10/2006]
No application for historic review approval shall be deemed to be complete for purposes of commencing the applicable time period for action by the Planning Board and/or the Historic Preservation Commission unless and until the Application Checklist and Zoning Checklist, in the form attached hereto and made a part hereof, have been completed and all information required therein has been furnished to the Planning Board and Historic Preservation Commission.[1]