[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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.
[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]
