[Added 3-15-2005 by Ord. No. 2005-3]

A. There is hereby created in the Township of Marlboro an agency to be known as the "Historic Preservation Advisory Commission" and is referred to in this article as the "Commission."

B. In adopting this article, it is the intention of the Township of Marlboro to create a framework of regulations that will be employed by the Commission and used to review all development activities involving the exterior of individually designated historic properties, objects or buildings and structures located within designated historic districts. It is the intention of the Township of Marlboro to create an agency that will work with and advise the Planning Board, the Zoning Board and individual property owners on the effect of applications on designated historic properties or improvements within an historic district.

C. This article does not require or prohibit any particular architectural style; rather its purpose is to preserve the past by making the past compatible with and relevant to the present. To that end, new construction upon or near an historic property should not necessarily duplicate the exact style of the property; it must be compatible with and not detract from the historic property.

D. The boundaries of the locally designated historic district are as depicted on the Township of Marlboro Zoning or Official Map or identified in any component of the Master Plan. Additionally, there are over 130 designated individual historic properties in the Township that are not located within the historic district, but do fall under the jurisdiction of this article. Other historic districts or individually designated historic properties may be established from time to time according to the criteria enacted by this article.

These historic preservation regulations are intended to effect and accomplish the protection, enhancement and perpetuation of especially noteworthy examples or elements of the Township's environment in order to:

A. Safeguard the heritage of the Township of Marlboro by preserving resources within the Township which reflect elements of its cultural, social, economic, archaeological and architectural history;

B. Enhance the visual and aesthetic character, diversity, continuity and interest in the Township;

C. Encourage the continued use of historic properties and facilitate their appropriate use;

D. Maintain and develop an appropriate and harmonious setting for the historic and architecturally significant buildings, structures, sites, objects or districts within the Township of Marlboro;

E. Stabilize and improve property values for historically significant buildings and for buildings within the historic district, and foster civic pride in the built environment;

F. Promote appreciation of historic properties for education, pleasure and the welfare of the local population;

G. Encourage beautification and private reinvestment;

H. Manage change by averting alteration or new construction not in keeping with the historic districts or individually designated historic properties;

I. Discourage the unnecessary demolition of historic resources;

J. Recognize the importance of individual historic properties located outside of historic districts by urging property owners and tenants to maintain their properties in accordance with the requirements and standards of this article;

K. Encourage the proper maintenance and preservation of historic settings and landscapes;

L. Encourage appropriate alterations of historic properties; and

M. Promote the conservation of historic sites and districts, and invite and encourage voluntary compliance.

As used in this article, the following terms shall have the meanings indicated:

ADDITION The construction of a new improvement as part of an existing improvement when such new improvement changes the exterior architectural appearance of any individually designated historic property or any structure within a designated historic district.

ADMINISTRATIVE OFFICER The Township Construction Officer, who will handle the administration of historic project review applications as well as the coordination of building permit applications as referred in this article.

AFFECTING AN HISTORIC PROPERTY OR HISTORIC DISTRICT Any development activity which alters the exterior architectural appearance of an historic property or any improvement within an historic district.

ALTERATION Any work done on any improvement which is not an addition to the improvement and constitutes a change by addition or replacement in the exterior architectural appearance of an improvement.

APPLICANT Any private person, persons or any representative of any private entity, private organization, association or public agency with legal authority to make an alteration, addition, renovation and repair or demolish a structure that is governed under this article.

ARCHITECTURAL FEATURE Any element or resource of the architectural style, design or general arrangement of a structure that is visible from the outside, including, but not limited to, the style and placement of all windows, doors, cornices, brackets, porch spindles, railings, shutters, the roof, the type, color and texture of the building materials, signs and other decorative and architectural elements.

BUILDING A structure designed for the habitation, housing or enclosing of persons, shelter, storage, trade, manufacture, religion, business, education and the like, enclosing a space within its walls, and usually, but not necessarily, covered with a roof.

CERTIFICATE OF APPROPRIATENESS The certificate issued by the Planning Board, Zoning Board or administrative officer after review of the certificate of appropriateness application by the Historic Preservation Advisory Commission. This certificate is required prior to undertaking rehabilitation, restoration, renovation, alteration, ordinary and nonordinary repair work or demolition work undertaken within an historic district or on an individually designated historic structure pursuant to this article.

DEMOLITION Partial or total raising or destruction of any historic property or of any improvement within an historic district.

DISREPAIR The condition of being in need of repairs; a structure or building in disrepair.

HISTORICALLY CERTIFIED COLORS Those paint colors that are found to-be traditionally associated with specific architectural styles or periods of architectural design.

HISTORIC DISTRICT A geographically definable area, urban or rural, small or large, possessing a significant concentration, linkage or continuity of sites, buildings, structures and/or objects which, viewed collectively:

A. Represent a significant period(s) in the development of the Township of Marlboro;

B. Have a distinctive character resulting from their architectural style; or

C. Because of their distinctive character can readily be viewed as an area or neighborhood (district) distinct from surrounding portions of the Township.

HISTORIC DISTRICT RESOURCES Those resources within an historic district classified as key, contributing or noncontributing, which are defined as:

A. KEY Any buildings, structures, sites or objects which, due to their significance, would individually qualify for historic property status.

B. CONTRIBUTING Any buildings, structures, sites or objects which are integral components of the historic district either because they date from a time period for which the district is significant or because they represent an architectural type, period or method for which the district is significant.

C. NONCONTRIBUTING Any buildings, structures, sites or objects which are not integral components of the historic district because they neither date from a time period for which the district is significant nor represent an architectural type, period or method for which the district is significant.

HISTORIC PRESERVATION ADVISORY COMMISSION The body which, for the purposes of this article, acts as the Historic Preservation Commission as cited in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

HISTORIC PROPERTY(S) Any buildings, structures, sites or objects that possess integrity of location, design, setting, materials, workmanship or association and which have been designated pursuant to the terms of this article to be:

A. Of particular historic significance to the Township of Marlboro by reflecting or exemplifying the broad cultural, political, economic or social history of the nation, state or community;

B. Associated with historic personages important in national, state or local history;

C. The site of an historic event which had a significant effect on the development of the nation, state or community;

D. An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering;

E. Representative of the work of an important builder, designer, artist or architect;

F. Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or

G. Able or likely to yield information important in prehistory or history.

IMPROVEMENT Any structure or any part thereof installed upon real property by human endeavor and intended to be kept at the location of such construction of installation for a period of not less than 120 days.

INTEGRITY The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.

INVENTORY A list of historic properties determined to meet specified criteria of significance.

MASTER PLAN The Master Plan of the Township of Marlboro, as amended from time to time, compiled pursuant to the Municipal Land Use Law.

MUNICIPAL LAND USE LAW The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.

NATIONAL REGISTER CRITERIA The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.

NONORDINARY REPAIR Any repair which does not constitute an "ordinary repair" under the definition of that term as set forth in this article.

OBJECT A thing of functional, aesthetic, cultural, historic or scientific value that may be, by nature of design, movable yet related to a specific setting or environment, such as a monument or boundary marker.

ORDINANCE A legislative act of the governing body of a municipality adopted in accordance with statutory requirements as to notice, publicity and public hearings as required by law.

ORDINARY MAINTENANCE OR REPAIR Repairing any deterioration, wear or damage to a structure, or any part thereof, in order to return the same as nearly as is practicable to its condition and appearance prior to the occurrence of such deterioration, wear or damage. Ordinary maintenance shall further include replacement of exterior elements or accessory hardware, using the same materials or modern materials as determined appropriate, having the same appearance.

OVERLAY ZONE DISTRICT A zoning district made up of underlying zone districts or parts of zone districts as shown on the Township of Marlboro Zoning Map. An overlay zone district controls certain standards with the exception of bulk and use requirements, which are controlled by the underlying zone district(s).

PRACTICAL A determination regarding whether the applicant has demonstrated sufficient negative criteria or provided sufficient special reasons explaining how the preservation, rehabilitation, restoration or reconstruction of an historic resource will impact the applicant's ability to use the property in accordance with the guidelines as set forth in the Standards of the Secretary of the Interior, or as may be set forth in the local zoning requirements.

PRESERVATION The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic building, structure or property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. It may include initial stabilization work, where necessary, as well as ongoing maintenance of the historic building materials. New exterior additions are not within the scope of this particular activity; however, the limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a preservation activity.

PROTECTION The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack or to cover or shield the property from danger or injury.

RECONSTRUCTION The act or process of depicting, by means of new construction, the exact form, features and detailing of a nonsurviving site, landscape, building, structure or object, or any part thereof, for the purpose of replicating its appearance at a specific period of time and in its historic location.

REHABILITATION The act or process of making possible a compatible use for a property through repair, alterations and additions while preserving those proportions or features which convey its historical, cultural or architectural values.

REMOVAL To partially or completely cause a structure or portion of a structure to change to another location, position, station or residence.

REPAIR Any work done on any improvement which:

A. Is not an addition to the improvement; and

B. Does not change the exterior architectural appearance of any improvement.

REPLACEMENT The act or process of replicating any exterior architectural feature that is used to substitute for an existing and deteriorated or extensively damaged architectural feature.

RESTORATION The act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period that is selected. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within the scope of restoration activities.

SITE The place where a significant event or pattern of events occurred. It may be the location of prehistoric or historic occupations or activities that may be marked by physical remains; or it may be the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may also be the location of a ruined building, structure or object if the location itself possesses historic, cultural or archeological significance.

STRUCTURE A combination of materials used to form a construction for the purposes of occupancy, use or ornamentation, having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of the land. The word "structure" shall also include fences; walls (other than retaining walls); independent radio, telephone or television antennae; gasoline pumps; gazebos; pergolas; and swimming pools.

UNDERLYING ZONE DISTRICT A zoning district, which forms a constituent part of an overlay zone district. Underlying zone districts control bulk and use requirements.

The following regulations shall apply to all historic resources in a district and to any other historic properties which are designated in accordance with the procedures outlined in § 220-199.

Uses permitted within an historic district or on an historic site shall be the same as those permitted in the underlying zoning district.

The maximum building height, minimum lot size, maximum coverage, etc., shall be as provided in the Zoning Ordinance for the respective zones, except that the Planning Board or Zoning Board may grant variances and waivers from such regulations where necessary to preserve historic characteristics of a building, structure, historic property or site.

A. Establishment. There is hereby established a commission that shall be known as the Township of Marlboro Historic Preservation Advisory Commission. The Commission shall consist of nine members, who shall serve without compensation, except that Commission members shall be reimbursed for reasonable and necessary expenses incurred in the performance of official business within the guidelines of the budget established by the Township Council for the Commission.

B. Membership and officers.

(1) Commission members shall be appointed by the Mayor. People who are interested in and qualified to contribute to the preservation of historic buildings, structures, sites, objects and districts shall fill the positions. Pursuant to N.J.S.A. 40:55D-107, at the time of appointment the members shall be designated by the following categories:

(a) Class A: a person who is knowledgeable in building design and construction or architectural history.

(b) Class B: a person who is knowledgeable, or with a demonstrated interest, in local history.

(c) Class C: persons who are residents of the Township of Marlboro and who hold no other municipal office, position or employment, except for membership on the Planning Board or Zoning Board, and who shall have a demonstrated interest, competence or knowledge in historic preservation.

(d) Members emeritus: persons who have previously served on the Commission, who still have a strong interest in the Commission, but do not serve as active or voting members. These persons can serve on special committees and partake in special events.

(2) There should be at least one member each from Class A and Class B. Although a person who is not a resident of the Township of Marlboro may serve as a Class A or Class B member, preference shall be given to residents having a degree in architecture, history or archeology who satisfy the requirements of the National Historic Preservation Act. A member of the Township Council shall be designated as a nonvoting liaison between the Commission and the Township Council.

C. Terms. The terms of members shall be for four years. The terms of the initial members appointed under this article shall be staggered, to the extent possible, evenly over the first four years after their appointment. The term of any member common to the Commission and the Planning Board shall be for the term of membership on the Planning Board; and the term of any member common to the Commission and the Zoning Board shall be for the term of membership on the Zoning Board. All members, at the expiration of their terms, may be eligible for appointment to an additional four-year term. Appointments to fill vacancies shall be only to complete the unexpired terms. Vacancies shall be filled within 60 days. The Commission shall annually elect a Chairperson and Vice Chairperson from its members and select a Secretary, who may be a member of the Commission or a municipal employee. A member of the Commission may, after public hearing if requested, be removed by the Township Council for cause.

D. Meetings and hearings.

(1) All meetings and hearings of the Commission shall be open to the public except where otherwise provided by law. All public meetings and hearings shall be held at times and places specified by the Chairperson, agreed to by the Commission, and in accordance with law.

(2) Public notice shall be given of the schedule of regular meetings at the beginning of each calendar year and shall state the regular dates, times and places of such meetings. Public notice of any special meeting or of any rescheduled regular meeting or any reconvened meeting shall be given at least 24 hours before each meeting, unless reconvened within 24 hours; provided, however, no additional public notice of reconvened meetings need be made where announcement of the time and place of the reconvened meeting is made at the original meeting, and where there is no change in the agenda. In the event a change is made in a regular meeting date, notice of such change shall be given, according to law, by publication in a newspaper of general circulation in the Township of Marlboro area.

(3) Quorum for the transaction of all business shall be five members.

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

E. Records. The Commission shall keep minutes of all its proceedings. All Commission minutes and records are public records, subject to the provisions of N.J.S.A. 47:1A-1 et seq. Photostatic copies of public records may be obtained upon written request, and the cost of such copies shall be borne by the person or persons requesting same.

F. Expenses and experts. The Township Council shall make provision in its budget and appropriate funds for the expenses of the Commission. The Commission may employ, contract for and fix the compensation of experts and such services as it shall deem necessary. Notwithstanding the foregoing, the hiring of all professionals by the Commission is subject to the approval of the administration. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Council. Expenditures shall not exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for the Commission's use.

G. Responsibilities and duties.

(1) Review historical survey material and, if necessary, update said material at least every other year to incorporate any newly acquired historical documentation and to reflect changes to a resource's integrity or condition.

(2) Recommend to the Planning Board and the Township Council, pursuant to N.J.S.A. 40:55D-65.1, any additional sites to be designated as historic properties in accordance with the procedures established in § 220-199.

(3) Conduct research on and, if feasible, nominate historically significant properties to the State and National Registers of Historic Places. If the Township of Marlboro is certified under the state's Certified Local Government (CLG) Program, the Commission shall, in accordance with the state's CLG guidelines, review and comment on all State and National Register nominations for historic buildings and sites within the Township of Marlboro.

(4) Advise the Planning Board and the Zoning Board, pursuant to N.J.S.A. 40:55D-110, on how development and zoning applications affect historic properties in accordance with the procedures established in § 220-201. The recommendations of the Commission to the Planning Board or Zoning Board shall not be binding.

(5) Advise the Planning Board and Zoning Board, upon request, as to any applications before those bodies which are not within but which may substantially affect any historic district or historic site. The recommendations of the Commission to the Planning Board or Zoning Board shall not be binding.

(6) Make recommendations to the Planning Board, in accordance with N.J.S.A. 40:55D-111 and the procedures established in § 220-202, regarding applications for building permits with respect to work to be performed involving buildings that fall within the provisions of this article or improvements within an historic district. The recommendations of the Commission to the Planning Board shall not be binding. The Planning Board shall then render its report to the administrative officer. The administrative officer is bound by the Planning Board's decision.

(7) Assist other public bodies in aiding the public in understanding the significance and methods of preservation of historic properties by having available materials on the importance, guidelines and techniques of historical preservation.

(8) Prepare and distribute material to be utilized for applications reviews and foster appropriate rehabilitation, reconstruction and/or restoration of historic properties and historic districts.

(9) Advise and assist property owners and other persons and groups, including neighborhood organizations, which are interested in historic preservation.

(10) Assist in educational programs, including the preparation of publications and the placing of historic markers.

(11) Carry out such advisory, educational and informational functions as will promote historic preservation in the community and, as necessary, consult with the Township of Marlboro Historical Society as well as the Monmouth County Historical Association on matters pertaining to the protection of the Township's historic resources.

(12) Advise the Township Council on the relative merits of proposals involving public lands to restore, preserve and protect historical buildings, places and structures, including the preparation of a long-range plan; therefore securing state, federal and other grants in aid to assist therein and monitoring such projects once underway.

(13) Secure the voluntary assistance of the public and (within the limits of the budget established by the Township Council for the Historic Preservation Advisory Commission's operation or within the limits of any gifts or grants) retain consultants and experts and incur expenses to assist the Commission in its work. The hiring of all professionals must be approved by the Administration.

(14) Seek from local, county, state or national historic societies, governmental bodies and organizations grants to maximize their contributions to the intent and purposes of this article.

(15) Request the Zoning Officer to seek, on his/her own motion or otherwise, injunctive relief for violations of this article or other actions contrary to the intent or purposes of this article.

(16) Advise the Planning Board in writing during the preparation and/or update of the Township Master Plan regarding the Historic Preservation Plan Element of the Master Plan.

(17) Within the limits of the budget established by the Township Council for the Commission's operation or within the limits of any gift or grants, prepare and distribute an historic properties guideline handbook to be utilized for application reviews and foster appropriate rehabilitation within the historic district(s).

(18) Report at least annually in writing to the Township Council on the state of historic preservation in the Township and recommend measures to improve same.

(19) Advise all municipal agencies regarding the goals and techniques of historic preservation.

(20) Perform any other lawful activities which may be deemed necessary to further the purposes of this article.