A. In addition to the properties and structures already identified in the Historic Preservation Plan Element of the Township's Master Plan, the Commission shall consider for historic property designation, historic site or historic district designation any additional buildings, structures, objects, sites or districts within the Township which merit historic designation and protection, by reason of possessing integrity of location, design, setting, materials, workmanship of association and being:
(1) 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;
(2) Associated with historic personages important in national, state or local history;
(3) The site of an historic event which had a significant effect on the development of the nation, state or community;
(4) An embodiment of the distinctive characteristics of a type, period or method of architecture or engineering;
(5) Representative of the work of an important builder, designer, artist or architect;
(6) Significant for containing elements of design, detail, materials or craftsmanship which represent a significant innovation; or
(7) Able or likely to yield information important in prehistory or history.
B. Based on its review or upon the recommendation of other municipal bodies or of concerned citizens, the Commission may make a list of additional properties recommended for historic property designation and for sections of the Township recommended for historic district designation. For each proposed historic property or for each proposed historic district, there shall be a brief description of the property or district, a statement of the significance of the property or district pursuant to the criteria in Subsection A of this section, a description of location and boundaries of the property or district and a map siting. The Commission shall, by certified mail:
(1) Notify each owner that his property is being considered either for historic property designation or inclusion within a designated historic district, and the reasons for each designation.
(2) Advise each owner of the significance and consequences of such designation, and advise him of his opportunities and rights to challenge or contest such a designation.
(3) Notify each owner of the public meeting to be held in accordance with Subsection C of this section.
C. The list of potential additional historic properties and potential historic districts as well as the descriptions, significance, location, boundaries and map siting of each shall be subject to review at a Commission public hearing. At least 10 calendar days before such a hearing, a preliminary list and map showing proposed historic properties and proposed historic districts shall be published, together with a notice of the hearing, in an official newspaper of the Township. At the hearing, interested persons shall be entitled to present their opinions, suggestions and objections regarding the proposed recommendations. The Commission shall then prepare a concise report, including a list and a map of its recommendations for sites, structures, buildings, objects or districts to be designated as historic properties or historic districts. Copies of the report shall be delivered to the Mayor, Township Council, Planning Board and the Township Clerk and, a notice of the report shall be published by the Commission in an official newspaper of the Township. The public notice shall state the Commission's recommendations and also that final designation will be made by the Township Council at a public meeting specified on a date not less than 15 days nor more than 45 calendar days from the date of publication.
D. The Township Council shall then consider the designation list and map, and may approve, reject or modify same by ordinance. Such a final determination by the Township Council shall create historic property status and/or historic district status. Copies of the designation list and official map as adopted shall be made public and distributed to all municipal agencies reviewing development applications and building permits.
E. Once adopted, the designation list and map may be amended in the same manner it was adopted. Following adoption, certificates of designation shall be served by certified mail upon the property owner of each historic property designation, and a true copy thereof shall be filed with the Tax Collector and Tax Assessor who shall maintain a record of all historic designations on the tax rolls. Copies of the designation list and map as adopted shall be made public and distributed to all municipal agencies reviewing development applications, construction and zoning permits.
F. Upon adoption, the designation list and map also shall be incorporated by reference into the Township's Master Plan and Zoning Ordinance as required by state enabling legislation.
A. All permits and development applications involving any of the following activities that affect an historic property or an improvement within an historic district, as designated in the Historic Preservation Plan Element of the Township's Master Plan, shall be reviewed by the Commission except as set forth in Subsection B of this section. Such review shall be required for, but not limited to, the following actions:
(1) Demolition, in whole or in part, of an historic property or of any improvement within an historic district.
(2) Relocation of an historic property or an improvement within an historic district.
(3) Significant, nonhistoric changes in exterior appearance by means of repainting (not in the same color or a historically certified color).
(4) Changes in exterior appearance by means of nonordinary repairs, replacement, rehabilitation, alteration or addition to any historic property or any improvement within a designated historic district.
(5) New construction taking place within a designated historic district.
(6) Changes in or additions of new signage or exterior lighting.
(7) Zoning variances affecting an historic property or any improvement within a designated historic district.
(8) Site plans or subdivisions affecting an historic property or an improvement within an historic district.
(9) Roadway widening projects. In making a recommendation on an application, the Commission shall be aware of the importance of finding a way to meet the current needs of the applicant. The Commission shall also recognize the importance of making recommendations that will be both consistent with the purposes of this article and reasonable for the applicant to carry out. Before an applicant prepares plans, he or she may bring a tentative proposal to the Commission for informal review and comment.
B. A review by the Commission is not required for the following, no matter where located:
(1) When immediate and emergency repairs are required to preserve the continued habitability of an historic property or improvement within an historic district and/or health and safety of its occupants or others. Emergency repairs may be performed in accordance with the Township codes without the necessity of first obtaining the Commission's review. Under such circumstances, the repairs performed shall be only such as are necessary to protect the health and safety of the occupants or others and/or to maintain the habitability of the structure. A request for the Commission's review and issuance of a certificate of appropriateness shall be made as soon as possible. No additional work shall be performed upon the structure until a certificate of appropriateness is obtained in accordance with the procedures set forth in this article. All work done under this section shall conform to the criteria set forth in § 220-203.
(2) For changes to the interior of buildings and structures.
(3) For ordinary repairs and maintenance that do not constitute a change to the appearance of the structure, as would be appropriate to the style and period. The following are the only activities that do not require Commission review according to these criteria:
(a) Repair of existing windows and doors, using the same material. Installation of storm windows that are compatible with the architectural period or design of the subject structure;
(b) Maintenance and repair of existing roof material, involving no change in the design, scale, material or appearance of the structure;
(c) Repair of existing roof structures (such as cupolas, dormers and chimneys) using the same materials, which will not alter the exterior architectural appearance of the structure;
(d) Repair/replacement in kind of existing shingles, clapboards or other siding maintaining the architectural integrity of the structure;
(e) Repairs to existing signs, shutters, outdoor displays, fences, hedges, street furniture, awnings, off-street driveway and parking materials and sidewalks, using the same material for those items noted above being repaired;
(f) Exterior painting of existing structures in historically certified colors;
(g) Replacement or installation of screens;
(h) Replacement of exterior rainwater gutters, downspouts and leaders;
(i) Repair or replacement of any exterior trim, decoration or moldings; and
(j) Repair of any part of a porch or stoop, which does not structurally support a roof above.
A. For all applications presented to the Planning Board and/or Zoning Board which meet the criteria set forth in § 220-200A, the property owner shall also submit to either Board, as appropriate, an application for review and request for issuance of a certificate of appropriateness. Such an application shall pertain solely to the proposed site review or zoning request. If building permits are required, those actions will be reviewed separately by the Commission in accordance with the procedures outlined in § 220-202.
B. The Planning Board or Zoning Board shall forward to the Commission a complete set of all application materials as well as the application for review and request for issuance of a certificate of appropriateness. Such referral shall be made when the application is deemed complete or is scheduled for a hearing, whichever is sooner. The Commission shall be allowed at least 14 calendar days from the day it receives a complete application to prepare its recommendations to either the Planning Board or Zoning Board regarding whether the certificate of appropriateness should be approved or denied. Said recommendations shall be in the form of a written report, which may be orally conveyed to the appropriate Board through the Commission's delegate at a hearing on the application.
C. The Commission's recommendation shall focus on how the proposed undertaking would affect an historic property's historical or architectural significance as outlined in § 220-199A. In considering the Commission's recommendations, the Planning Board or Zoning Board shall be guided by the review criteria established in § 220-203. The recommendation of the Commission shall not be binding upon the Planning Board or the Zoning Board.
A. Prior to undertaking any action affecting the exterior architectural appearance of an historic property or an improvement within an historic district, regardless of whether a building permit is required, the property owner shall complete and submit to the administrative officer an application for review and request for issuance of a certificate of appropriateness.
B. An application for a certificate of appropriateness shall be submitted on forms provided by the administrative officer. Each application submission shall include, at a minimum, the following information:
(1) Those drawings, plans, photographs, manufacturer specifications and sample materials that are required by the administrative officer and/or as may be noted in the application checklist.
(2) Detailed drawings, when required by the administrative officer, which shall be drawn at the appropriate scales and shall depict the exact work to be performed, including renderings of the exterior of any proposed new building and/or structure or any exterior alterations to existing improvements. A detailed plot plan delineating the relationship of the renderings of the proposal in relation to adjacent improvements, buildings and/or structures or surrounding lands may be required as determined by the administrative officer. Drawings shall be prepared and sealed by either a New Jersey licensed registered architect or other New Jersey licensed design professional or by the residing property owner of a single-family dwelling under his/her ownership with an accompanying affidavit of ownership, as required by P.L. 1989, Chapter 277 (commonly known as the "Building Design Services Act") or other applicable laws of the State of New Jersey.
C. The administrative officer shall refer the application to the Commission for its recommendation. The Commission or its designee shall review the application for technical completeness. Any application found to be incomplete shall be returned to the applicant within 10 calendar days of the receipt of the application.
D. When an application is found to be technically complete, the Commission shall schedule a review of the application at its next regularly scheduled meeting. The applicant shall be notified of the meeting date and shall be allowed an opportunity to speak at the meeting. The Commission may recommend the denial of any application that is not properly represented at the hearing.
E. The Commission shall report to the Planning Board within 25 calendar days after the application is deemed complete. The report shall set forth the Commission's recommendation regarding whether the certificate of appropriateness should be approved, denied or conditionally approved; and it shall explain, in writing, the reasons for its recommendation. In accordance with Subsection F of this section, if the application involves demolition or removal, the Commission may also recommend postponement. The Commission's recommendation shall focus on how the proposed undertaking would affect a property's historic or architectural significance pursuant to the review criteria set forth in § 220-203. The Commission's recommendation shall not be binding upon the Planning Board.
F. When making its determination on the application for a certificate of appropriateness, the Planning Board should be guided by the review criteria set forth in § 220-203. The Planning Board should consider the Commission's recommendations with the same care it affords all expert information. The Planning Board may accept, reject or modify the Commission's recommendations. The Planning Board shall provide its report to the administrative officer for the appropriate action within 45 days of his or her referral of the application to the Commission. Failure to report within the forty-five-day period shall be deemed to constitute a report in favor of the application for a certificate of appropriateness, without conditions. The administrative officer is bound by the Planning Board's decision.
G. Approval, denial or postponement.
(1) The Planning Board, upon affirmative vote of a majority of the membership, may approve, deny or postpone demolition of an historic property ancillary to a development application for up to one year. The Planning Board and the Commission may utilize this time period to consult with the New Jersey State Historic Preservation Office, the Monmouth County Historical Commission or other similarly qualified organizations to ascertain how the Township may preserve the structure, when demolition or moving thereof would be a great loss to the Township. The Planning Board may request that the Township Council initiate such actions as may lead to the preservation of the premises within the one-year hiatus. In its review of an application to demolish a site pursuant to this section, the Commission may require the applicant to prepare a financial analysis which may include any or all of the following:
(a) Amount paid for the property, date of purchase and party from whom purchased, including a description of the relationship, whether business or familial, if any, between the owner and the person from whom the property was purchased.
(b) Assessed value of the land and improvements thereon according to the most recent assessment.
(c) For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
(d) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property.
(e) Bona fide offers of the property for sale or rent, price asked and offers received, if any.
(f) Any consideration by the owner as to profitable, adaptive uses for the property.
(2) The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the historic district can be put to beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations.
In reviewing an application for its effect on a building, improvement or structure within an historic district or an historic property, the following criteria shall be used by the Commission, the Planning Board and the Zoning Board. The criteria set forth in Subsection A relate to all projects affecting an historic site or an improvement within an historic district. The criteria set forth in Subsections B through D relate to specific types of undertakings and shall be used in addition to the general criteria set forth in Subsection A.
A. In regard to all applications affecting an historic site or an improvement within an historic district, the following factors shall be considered:
(1) The impact of the proposed change on the historic and architectural significance of the site or the historic district.
(2) The site's importance to the Township and the extent to which its historic or architectural interest would be adversely affected to the detriment of the public interest.
(4) The extent to which the proposed action would adversely affect the public's view of an historic site within an historic district from a public street.
(5) If the proposed undertaking affects a structure within an historic district, the impact the proposed change would have on the district's architectural or historic significance and the structure's visual compatibility with the buildings, places and structures to which it would be visually related in terms of the visual compatibility factors set forth below.
B. With respect to applications for certificates of appropriateness relating to changes in exterior appearance, new construction, alteration(s), addition(s), nonordinary repair(s), rehabilitation, replacement(s), signage or exterior lighting, excavation or ground disturbance, involving an historic property or any improvement within the historic district, the following shall be considered:
(2) The historical or architectural value and significance of the building and/or structure and its relationship to the historic value of the surrounding area.
(3) The effectiveness of the proposal in adhering to the building and/or structure's original style or destroying or otherwise affecting the exterior texture, materials and architectural features.
(4) The overall effect that proposed work would have upon the protection, enhancement, perpetuation and the use of the property, adjoining properties and the historic district in which it is located.
(5) The general compatibility of exterior design, arrangement and materials proposed to be used and any other factor, including aesthetic, which is found to be pertinent.
(6) The practicality of performing the work with materials or workmanship of a type equivalently or similar to the historical or architectural era during which the structure, building or place was constructed.
(7) The impact of the proposed change upon archaeological resources.
(8) The general purposes of the Municipal Land Use Law set forth in N.J.S.A. 40:55D-2, including, but not limited to the following:
(a) Appropriate use or development of all lands in a manner which promotes the public health, safety, morals and general welfare.
(b) Promotion of a desirable visual environment through creative development, techniques and good civic design and arrangements.
(c) Conservation of historic sites and districts, open space, energy resources and valuable natural resources to prevent degradation of the environment through improper use of land.
(d) Encouraging coordination of the various public and private procedures and activities, shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
C. Visual compatibility.
(1) In assessing visual compatibility, the following factors (commonly known as "visual compatibility factors") shall be considered in reviewing applications for new construction, alterations, additions or replacements affecting an historic property or an improvement within an historic district:
(a) Height. The height of the proposed building and/or structure should be visually compatible with adjacent buildings and/or structures.
(b) Proportion of the building's front facade. The relationship of the width of the building and/or structure to the height of the front elevation should be visually compatible with buildings and/or structures and places to which it is visually related.
(c) Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(d) Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with buildings and places to which it is visually related.
(e) Rhythm of solids to voids on facades fronting on public places. The relationship of solids to voids in such facades of buildings shall be visually compatible with buildings and places to which it is visually related.
(f) Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(g) Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(h) Roof. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(i) Walls of continuity. Appurtenances of a building and/or structure such as walls, open-type fencing, evergreen-landscaping masses and so forth should form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building and/or structure and places to which it is visually related.
(j) Scale of buildings. The size of a building, mass of a building in relation to open spaces, the windows and door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(k) Exterior features. A structure's related exterior features such as lighting, fences, signs, sidewalks, driveways and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.
(l) Directional expression. A building shall be visually compatible with buildings and places to which it is visually related in its directional character, whether this is vertical character, horizontal character or nondirectional character.
(2) It is not the intent of this article to discourage contemporary architectural expression or to encourage new construction which emulates existing buildings of historic or architectural interest or of a certain period or architectural style, but rather to preserve the integrity and authenticity of historic districts and to insure the compatibility of new structures therein.
D. In addition to the visual compatibility factors listed in the preceding subsection, the following standards for rehabilitation as promulgated by the United States Secretary of the Interior should be considered with respect to work proposals dealing with historic properties:
(1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building, structure and its site and environment.
(a) Every reasonable effort shall be made to provide a compatible use for a property, which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purposes.
(b) The proposed design and materials will conform to the building's original architectural style.
(2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(a) The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed.
(b) The removal or alteration of any historic material or distinctive architectural features shall be avoided.
(3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historic development such as adding conjectural features or architectural elements from other buildings shall not be undertaken. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved, and this significance shall be recognized and respected.
(5) Distinctive stylistic features, finishes and construction techniques or examples of craftsmanship which characterize a building, structure or site shall be preserved.
(6) Deteriorated historic features (e.g., windows, doors, shutters, trim, siding, etc.) shall be repaired rather than replaced, wherever possible, using the Secretary of the Interior's Standards for Rehabilitation. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical or pictorial evidence, rather than conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of buildings and/or structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property, neighborhood and its environment. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10) New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(11) Synthetic siding is not acceptable on key buildings. Metal or vinyl siding may be used to resurface facades of low public visibility on contributing buildings that were originally wood-sided only if the substitute siding is similar in design, width and texture to the original clapboard and will not endanger the physical condition and structural life of the building. Architectural trim must be retained.
(12) The number, size and locations of original window and door openings shall be retained. Window and door openings shall not be reduced to fit stock material. New window and door openings shall not be added on elevations that are subject to view from a public street. Vinyl, vinyl clad, aluminum and aluminum clad windows and doors are not acceptable on key buildings. Nonwood-surfaced window frames and doors may be used on side and rear exposures of low public visibility on contributing buildings that were originally wood windows and doors when the substitute windows and doors are similar in design, width and texture to the original wood windows or doors and will not endanger the physical condition and structural life of the building. Architectural trim and adornments must be retained. Nonwood-surfaced window frames and doors are acceptable on noncontributing buildings.
E. With respect to applications for demolition, it should first be considered whether preservation of the historic property in place is feasible or, failing that option, whether preservation of the historic property at another location is feasible.
(1) In determining whether preservation of the historic property in place is feasible, the following shall be considered:
(a) Whether the historic property represents the last or best remaining example of its kind in the Township that possesses research potential or public education values; its historic, architectural, cultural or scenic significance; its importance to the Township and the extent to which its historical or architectural value is such that its removal would be detrimental to the public interest.
(b) Whether the historic property can be preserved by protecting its location from disturbance; if it is within an historic district, the significance of the structure in relation to the historic character of the district and the probable impact of its removal on the district; the probability of significant damage to the historic site.
(c) Whether affirmative measures, such as stabilization, rehabilitation, restoration or reuse, can result in preservation of the structure in order to comply with the requirements of the Uniform Construction Code; its structural condition and the economic feasibility of alternatives to the proposal; the extent to which it is of such old, unusual or uncommon design, craftsmanship, texture or material that it could be reproduced only with great difficulty and expense.
(d) Whether redesign of the development proposal to avoid impact can result in preservation.
(e) Whether the steps necessary to preserve the historic property are feasible and practical.
(f) Whether the protective measures will result in long-term preservation of the historic property.
(g) The extent to which the historic property is an attraction for tourist and students; the extent to which its retention would promote the general welfare by maintaining and increasing the real estate values, generating business, attracting tourists, attracting new residents, stimulating interest and study in architecture and design, or making the Township an attractive and desirable place in which to live. If the proposed new location is within an historic district, visual compatibility factors as set forth in Subsection C of this section. If it is to be removed from the Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens.
(h) The historic, architectural, aesthetic and social significance of the structure and/or importance and uniqueness to the Township and extant archaeological resources. If it is within an historic district, the probable impact of its removal upon the ambience of the historic district.
(2) In determining whether preservation of the historic property at another location is feasible, the following shall be considered:
(a) Whether the historic property can be removed and still retain its historic significance; the historic loss to the site of original location and, where applicable, the historic district as a whole; the compatibility, nature and character of the current and of the proposed surrounding areas as they relate to the protection of interest and values referred to in this article.
(b) Whether the historic property is sufficiently well preserved to permit relocation.
(c) Whether alternative locations compatible with the historic property are available.
(d) Whether it is feasible and practical to relocate the historic property.
(e) Whether the relocation will result in long-term preservation of the historic property.
(f) The reasons for not retaining the building improvement or structure at its present location.
(g) Any consideration by the owner as to profitable, adaptive uses for the property.
(3) Nothing in this section shall preempt the administrative authority of the municipal Construction Code Official.
