Roseland City Zoning Code
ARTICLE IX
Historic Preservation
§ 30-901 DECLARATION OF PURPOSE AND PUBLIC POLICY.
Many improvements and landscape features having a special character or a special historical or aesthetic interest or value and representing the finest architectural products of distinct periods in the history of the Borough have been uprooted without adequate consideration of the irreplaceable loss to the people of the Borough of the aesthetic, cultural and historic values represented by such improvements and landscape features, notwithstanding the feasibility of preserving and continuing the use of such improvements and landscape features. In addition, distinct areas may be similarly uprooted or may have their distinctiveness destroyed, although the preservation thereof may be both feasible and desirable.
It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation and use of improvements and landscape features of special character or special historical or aesthetic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people.
§ 30-901.1 Purpose.
a.
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.
b.
Safeguard the Borough's historic, aesthetic and cultural heritage, as embodied and reflected in such improvements, landscape features and districts.
c.
Foster civic pride in the beauty and noble accomplishments of the past.
d.
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.
§ 30-902 MEANING OF TERMS.
shall mean the Construction Official.
shall mean any act defined as an alteration by the Uniform Construction Code established under Chapter 217, laws of 1975 and Title 5 Chapter 23 of the New Jersey Administrative Code (N.J.A.C.). An alteration or construction shall be deemed to be "major" if the estimated cost of the alteration is one thousand ($1,000.00) dollars or greater or the alteration will change the architectural integrity or significant details of the improvements; an alteration or construction shall be deemed to be "minor" if the estimated cost of the alteration is less than one thousand ($1,000.00) dollars and the alteration does not change the architectural integrity or significant details of the improvement.
shall mean the Roseland Landmarks and Historic District Commission.
shall mean the Construction Official of the Borough of Roseland.
shall mean any day other than Saturday, Sunday or legal holiday.
shall mean the architectural style, design, general arrangement and components of all the outer surfaces enclosed by said exterior surfaces, including, but not limited to, the kind, texture and color of the building material, and the type and style of all windows, doors, lights, signs, and other features appurtenant to such improvement.
shall mean any area which:
shall mean any building, structure, place, work of art or other object constituting a physical betterment of the real property, or any part of such betterment.
shall mean the unit of real property which:
Includes a physical betterment constituting an improvement and the land embracing the site thereof;
Is treated as a single entity for the purpose of levying taxes, provided, that the term "improvement parcel" shall also include any unimproved area of land which is treated as a single entity for such tax purposes.
shall mean any exterior or interior improvement, any part of which has a special character or special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Borough, State or nation and which has been designated as a landmark pursuant to the provisions of subsection 30-908.1.
shall mean an improvement parcel or part thereof on which is situated a landmark and any abutting improvement parcel or part thereof used as and constituting a part of the premises on which the landmark is situated, and which has been designated a landmark site pursuant to the provisions of subsection 30-908.1.
shall mean any person or persons having such right to, title to, or interest in any improvement so as to be legally entitled, upon obtaining the required permits and approvals from the Borough agencies having jurisdiction over building construction, to perform with respect to such property any demolition, construction, reconstruction, alteration, restoration or other work as to which such person seeks the authorization or approval of the Commission.
shall mean an improvement which is occupied and used as a single family dwelling. The residence shall include all accessory buildings customarily incident to single family dwellings which are located on the same lot and block, as shown on the tax maps of the Borough, upon which the residence is constructed.
§ 30-903 COMMISSION ESTABLISHED.
There is hereby established in the office of the Mayor a commission, which shall be known as the Roseland Landmarks and Historic District Commission.
§ 30-904 MEMBERSHIP.
[Ord. No. 13-96 § I]
The Commission shall consist of nine (9) unsalaried members as follows:
a.
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.
b.
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.
c.
Five (5) Class C members as follows:
§ 30-905 TERMS/VACANCIES.
a.
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.
b.
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.
c.
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.
§ 30-906 PROCEDURES.
a.
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.
b.
The Commission shall create rules and procedures for the transaction of its business subject to the following:
1.
A quorum for the transaction of business shall consist of four (4) of the Commission's members including the Chairperson, or in his or her absence, the Vice-Chairperson.
2.
The Commission shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such minutes and records shall be public records.
c.
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.
§ 30-907 SCOPE OF POWERS.
a.
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:
1.
To regulate or limit the height and bulk of buildings.
2.
To regulate or supervise ordinary maintenance and repair which in no way affects the design, material, or appearance of a landmark or landmark site or the exterior of an improvement within an historic district.
3.
To regulate the area of yards, courts, or other open spaces.
4.
To regulate the density of population or to regulate and restrict the locations of trades and industries or the location of buildings designed for specific uses or to create districts for any such purpose.
5.
To prevent the issuance of a permit by the Construction Official for the repair, reconstruction, alteration, restoration, preservation, demolition or other work of a temporary or permanent nature, with regard to any building or part of a building, which is in violation of any public building code or standard for public or individual safety if:
(a)
No reasonable, satisfactory alternatives to such work can be determined by the Commission or the owner(s) within the period prescribed for the review of any such application.
(b)
Such work is required to be commenced immediately in the interest of public safety in the discretion of the Construction Official in which case the permit shall be issued directly by the Construction Official without the need to await the Commission's action.
b.
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.
c.
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.
d.
The Commission shall have the responsibility to:
1.
Prepare a survey of historic sites of the municipality;
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.
Evaluate properties included in the community wide inventory against the criteria for the National Register of Historic Places and prepare nominations for the consideration of the State Historical Preservation Officer. All inventory material shall be:
4.
Review proposed National Register nominations for properties. When the Commission considers a National Register nomination (e.g., archeological site) which is normally evaluated by a professional in a specific discipline, and that discipline is not represented on the Commission, the Commission must seek expertise in this area in order to comment.
5.
Amend, from time to time, as circumstances warrant, the landmark designation list and landmark map in the manner set forth in Section 30-908.
6.
Report at least annually to the Borough Council on the state of historic preservation in the Borough and recommend measures to improve the same.
7.
Carry out such other advisory, educational and informational functions as would promote historic preservation in the municipality.
§ 30-908 DESIGNATION OF LANDMARKS, LANDMARK SITES, AND HISTORIC DISTRICTS.
a.
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.
b.
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:
1.
Notify each owner that his or her property is being considered for designation as a landmark, landmark site, or is within an area being considered for designation as an historical district.
2.
Advise each owner of the significance and consequence of such designation and of the opportunity and right to challenge or contest such designation.
3.
Invite each owner to voluntarily consent to final designation without the need for public hearing or other procedure.
c.
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.
d.
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:
1.
Notice of the public hearing shall be given by publication in a newspaper of general circulation in the Borough and by mailing a copy thereof, by certified mail, at least ten (10) days prior to the date set for the hearing to the owner or owners of the property being considered for designation as a landmark, landmark site or within an area being considered for designation as an historic district. Such notice shall identify the property which is the subject of the hearing by street address and by reference to block and lot numbers and, in the case of a hearing on the designation of an historic district, such notice shall set forth the boundaries of the area.
2.
After full consideration of the evidence brought forth at the public hearing, the Commission shall make a decision on the designation of such landmark, landmark site, or historic district and shall issue a report stating reasons in support of its action. A copy of the Commission's decision and report shall be mailed to each owner of property entitled to receive under Section 30-908d1.
e.
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.
f.
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.
g.
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.
h.
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.
§ 30-909 REGULATIONS OF CONSTRUCTION, RECONSTRUCTION, ALTERATION, PRESERVATION AND DEMOLITION.
a.
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.
b.
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.
c.
If the application is for a permit for a minor alteration, within fifteen (15) days the Commission shall determine:
1.
Whether the proposed work would change, destroy, or adversely affect any exterior feature of the landmark, landmark site, or property within an historic district or any interior architectural feature of an interior landmark.
2.
In the case of a proposed construction of a new improvement, or additional improvement upon a landmark site or within an historic area, whether such construction would affect adversely the external appearance of existing improvements on the site in question or in neighboring sites.
3.
If the Commission determines both such questions in the negative, it shall forward a certificate of appropriateness to the Administrative Officer, which certificate shall be sufficient authority for the issuance of the permit applied for. If the Commission determined either such question in the affirmative, the Commission shall direct the Administrative Officer not to issue the permit and shall submit together with its direction a statement of reasons for denying the application.
d.
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.
1.
In making a determination with respect to any such application for a permit the Commission shall consider, in addition to any other matters, aesthetic, historical and architectural values and significance, architectural style, design, arrangement, texture, material and color.
2.
In making a determination with respect to any such application for a permit to construct, reconstruct, alter, restore, preserve or demolish an improvement in an historic district, the Commission shall consider the effect of the proposed work in creating, changing, destroying or affecting the exterior architectural features of the improvement upon which such work is to be done and the relationship between the results of such work and the exterior architectural features of other neighboring improvements in such district.
3.
In making a determination with respect to an application for a permit to reconstruct, alter, restore, preserve or demolish a landmark, the Commission shall consider the effects of the proposed work upon the protection, enhancement, perpetuation, and use of the architectural features of such landmark which cause it to possess a special character or special historical or aesthetic interest or value.
4.
In making a determination with respect to any application for a permit to construct, reconstruct, alter, restore, preserve or demolish any improvement on a landmark site, other than a landmark, the Commission shall consider the effects of the proposed work in creating, changing, destroying, or affecting the exterior architectural features of the improvement upon which such work is to be done, the relationship between such exterior architectural features, together with such effects, and the exterior architectural features of the landmark, and the effects of the results of such work upon the protection, enhancement, perpetuation and use of the landmark on such site.
e.
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.
f.
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.
g.
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.
h.
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).
i.
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:
1.
The improvement parcel(s) which includes such improvement as existing at the time of the filing of the application is not capable of earning a reasonable return; and
2.
The owner(s) of such improvement:
(a)
In the case of an application for a permit to demolish, seeks in good faith to demolish such improvement immediately for the purpose of constructing on the site thereof with reasonable promptness a new building or other income-producing facility, or for the purpose of terminating the operation of the improvement at a loss; or
(b)
In the case of an application for a permit which seeks in good faith to alter, reconstruct or preserve such improvement, with reasonable promptness, for the purpose of increasing the return therefrom; a notice to proceed, endorsed by the Chairperson, shall be issued by the Commission to the Administrative Officer.
j.
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.
§ 30-910.1 Removals out of the Municipality.
In regard to an application to move an historic landmark within an historic district to a location outside the municipality, the following matters shall be considered:
a.
The historic loss to the site of the original location.
b.
The compelling reasons for not retaining the landmark or structure at its present site.
c.
The proximity of the proposed new location to the municipality, including the accessibility to the residents of the municipality and other citizens.
d.
The probability of significant damage to the landmark or structure itself.
§ 30-910.2 Removals within the Municipality.
In regard to moving an historic landmark or any structure in an historic district to a new location within the municipality, the compatibility, nature and character of the current and of the proposed surrounding areas shall be considered in addition to the matters listed in subsection 30-910.1.
§ 30-911 ENFORCEMENT/PENALTIES.
The provisions of this Article shall be enforced by the Construction Official. Any person or corporation, including any officer, director or employee of a corporation, violating the provisions of Section 30-909a shall be subject to the same penalties as for violations of the Uniform Construction Code set forth in the State Uniform Construction Code.