Roseland City Zoning Code

Effect and accomplish the protection, enhancement and perpetuation of such improvements, landscape features and districts which represent or reflect elements of this Borough's cultural, social, economic, political and architectural history.

Safeguard the Borough's historic, aesthetic and cultural heritage, as embodied and reflected in such improvements, landscape features and districts.

Foster civic pride in the beauty and noble accomplishments of the past.

Promote the use of landmarks, landmark sites and historical districts for the education, pleasure and welfare of the people of the Borough and of the State.

Two (2) Class A members who shall be persons who are knowledgeable in building design and construction or architectural history and who may reside outside of the Borough of Roseland.

Two (2) Class B members who shall be residents of the Borough of Roseland who are knowledgeable or with a demonstrated interest in local history and who shall be chosen from a list submitted by the Roseland Historical Society.

Five (5) Class C members as follows:

The members of the Commission, other than those serving under the provisions of Sections 30-904c2 and 3 shall be appointed by the Mayor, with the advice and consent of the Borough Council for terms of four (4) years, provided that of those members first taking office one (1) shall be appointed for a one (1) year term, two (2) for two (2) year terms, and two (2) for three (3) year terms. The terms of Section 30-904c2 and 3 shall coincide with their memberships on their respective boards. Each member shall serve until the appointment and qualification of a successor. Any member of the Commission may be removed by the Mayor and Borough Council for cause. Prior to removal from the Commission the member shall be entitled to a public hearing, if he so requests.

No member of the Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

If a vacancy shall occur otherwise than by expiration of the term, it shall be filled by appointment, as above provided, for the unexpired term.

The members of the Commission shall designate one (1) of the members of the Commission to be a Chairperson, one (1) to be Vice-Chairperson, and one (1) to be Secretary. The Chairperson, Vice-Chairperson and Secretary shall serve as such until a successor or successors are designated.

The Commission shall create rules and procedures for the transaction of its business subject to the following:

The 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 Borough Council. Expenditures pursuant to this section shall not exceed, exclusive of gifts or grants, the amount appropriated by the Borough Council for the Commission's use. The staff of the Borough Planning Board shall be staff to the Commission.

Nothing contained in this Article shall be construed as authorizing the Commission, in acting with respect to any landmark, landmark site, historic district, or improvement therein, or in adopting regulations in relation thereto:

Except as provided in Section 30-907a, the Commission may, in exercising or performing its powers, duties, or functions under this chapter with respect to any improvement on a landmark, landmark site or in an historic district, apply or impose, with respect to the construction, reconstruction, alteration, restoration, preservation, demolition or use of such improvement, regulations, limitations, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work, or use.

The Commission shall have the authority to consider and act in the manner specified hereinafter on all permit applications which propose to construct, reconstruct, alter, restore, preserve or demolish any architectural features of a landmark or landmark site or any exterior architectural features of an historic district which appears on the official landmark and historic district designation list and map or which is under consideration for designation as a landmark, landmark site, or historic district. In its actions, the Commission shall be guided by such considerations as architectural style, general design, and general arrangement of the exterior of the improvement or district including the color, the kind and texture of the building material, and the type and style of all windows, doors, light fixtures, signs, and other appurtenant fixtures.

The Commission shall have the responsibility to:

The Commission shall prepare surveys of the Borough of Roseland at its discretion for the purpose of identifying landmarks, landmark sites, and historic districts which are worthy of protection and preservation because of their historical, cultural, social, or architectural significance.

The Commission shall tentatively designate property as a landmark, landmark site, or as within an area being considered for designation as an historic district. Thereafter, the Commission, by certified mail, shall:

No residence shall be designated as a landmark or landmark site or included as part of an historic district unless the owner(s) shall consent to such designation in writing.

Where the owner of property other than a residence refuses to consent to designation of the property as a landmark or landmark site or where the Commission is considering the designation of an area as an historic district, the Commission shall hold a public hearing on such designation as follows:

In the event property is designated as a landmark, landmark site, or with an historic district, such designation shall be submitted to the Borough Council together with the report of the Commission. Such report shall be submitted to the Planning Board for inclusion in the Master Plan and to the Borough Council for inclusion in the Land Use Ordinance, informing both boards of any objections. The Council shall have forty-five (45) days to disapprove of the designation.

A certificate of designation shall be served upon the owner(s) of each property designated as a landmark, landmark site or within an historic district and copy thereof, certified as a true copy by the Borough Clerk, shall be filed in the Office of the Registrar of Deeds and Mortgages for Essex County.

All landmarks, landmark sites, and historic districts shall be listed and plotted on a map and kept as the permanent designation record of the Commission. A copy of such list and map shall be filed with the Borough, the Secretary to the Planning Board, the Secretary to the Board of Adjustment and the Construction Official.

Each designated landmark, landmark site, and historic district may be marked by an appropriate plaque carrying a brief description and account of the historical and/or aesthetic significance of the property.

No person shall alter, restore, demolish, perform any construction activity or apply paint, stain or other preservative upon any designated landmark, landmark site, or exterior of an improvement therein, or upon the exterior of property within an historic district in any way without first securing from the Administrative Officer a permit to perform such work as provided for by this section.

Upon receipt of an application for such permit, the Administrative Officer shall immediately refer the application together with plans and specifications for the work to the Commission for its review.

If the application is for a permit for a minor alteration, within fifteen (15) days the Commission shall determine:

If the application is for a permit for a major alteration or for a minor alteration which the Commission denied under Section 30-909c, then within thirty (30) days after the application and plans and specifications, the Commission shall hold a hearing on the application and plans and specifications and reach a decision on the appropriateness or inappropriateness of the work to be performed. Notice of the hearing shall be mailed to the applicant by certified mail and shall be published in a newspaper of general circulation within the municipality at least ten (10) days prior to the hearing.

Should the Commission conclude that the proposed construction, reconstruction, alteration, restoration, preservation or demolition would not have a significant detrimental effect on the landmark, landmark site, or historic district in question, a certificate of appropriateness endorsed by the Chairperson shall be submitted to the Administrative Officer.

Should the Commission conclude that the proposed construction, reconstruction, alteration, restoration, preservation or demolition would have significant detrimental effect on the landmark, landmark site, or historic district in question, a notice of postponement shall be submitted to the Administrative Officer which shall operate to bar the issuance of the permit for a period of sixty (60) days, during which time the Commission shall attempt to resolve the factors underlying the notice of postponement.

During the postponement period the Commission shall consider whether the owner(s) could receive a reasonable rate of return on his/her investment if the work were not performed as proposed by the applicant or, in the case of an application for a permit to demolish, if demolition were prohibited. The Commission shall explore all possible means of preserving, to the greatest extent possible, the landmark, landmark site or improvement within an historic district including, but not limited to, negotiating with the owner(s) toward voluntary compromise as to the manner of alteration, construction or renovation, convening public hearings designed to elicit public opinion concerning the merits and alternative means of preservation of the premises in question, instigating condemnation action by the Borough or State government, and exploring and soliciting tax or other fiscal benefits having the potential to relieve the owner(s) of any unreasonable financial burdens resulting from the inability to take action as proposed by the Commission.

Upon resolution of the factors underlying the notice of postponement, a certificate of appropriateness endorsed by the Chairperson shall be issued by the Commission to the Administrative Officer specifying the terms of the resolution or compromise reached between the Commission and the owner(s).

If, at the expiration of the period of postponement or such additional period consented to by the owner(s), no resolution or compromise agreement is reached and no action has been taken by the Borough or State toward condemnation of the property in question and the applicant has established to the satisfaction of the Commission that:

If, at the expiration of the period of postponement or such additional period consented to by the applicant, no resolution or compromise agreement is reached, no action has been taken by the Borough or State toward condemnation of the property in question, and the applicant has not established the conditions of Section 30-909i1 and i2, notice shall be given to the Borough Administrator Official that a certificate of appropriateness has been denied. Thereafter, no permit shall be issued authorizing the alteration, preservation, demolition, or construction work as originally applied for.

The historic loss to the site of the original location.

The compelling reasons for not retaining the landmark or structure at its present site.

The proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.

The probability of significant damage to the landmark or structure itself.