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.
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.
KEYAny buildings, structures, sites or objects which, due to their significance, would individually qualify for historic property status.
B.
CONTRIBUTINGAny 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.
NONCONTRIBUTINGAny 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 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.
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.
(3)
The use of any structure involved.
(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:
(1)
The use of any building and/or structure involved.
(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.