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.
ALTERATION
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.
COMMISSION
shall mean the Roseland Landmarks and Historic District Commission.
DAY
shall mean any day other than Saturday, Sunday or legal holiday.
EXTERIOR ARCHITECTURAL FEATURE
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.
HISTORIC DISTRICT
shall mean any area which:
a.
Contains improvements which:
1.
Have a special architectural, historic or aesthetic interest
or value;
2.
Cause such area, by reason of such features, to constitute a
distinct section of the Borough.
b.
Has been designated as an historic district pursuant to subsection
30-908.1.
IMPROVEMENT
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.
IMPROVEMENT PARCEL
shall mean the unit of real property which:
a.
Includes a physical betterment constituting an improvement and
the land embracing the site thereof;
b.
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.
LANDMARK
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.
LANDMARK SITE
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.
OWNER
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.
RESIDENCE
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.
There is hereby established in the office of the Mayor a commission,
which shall be known as the Roseland Landmarks and Historic District
Commission.
[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:
1. One (1) member of the business community chosen from a list submitted
by service clubs of Roseland;
2. One (1) member of the Roseland Planning Board;
3. One (1) member of the Roseland Zoning Board of Adjustment;
4. Two (2) citizens at large of the Borough of Roseland.
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.
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.
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.