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Marlborough Township
City Zoning Code

ARTICLE XXIX

Historic Preservation Overlay Zone

[Added 9-9-2015 by Ord. No. 2015-03]

§ 275-209 Declaration of legislative intent.

In expansion of the declaration of legislative intent found in Article I, § 275-2, of this chapter, and the statement of community development objectives found in Article I, § 275-3, of this chapter, it is hereby declared as a matter of public policy that Marlborough Township has a rich cultural, historical and architectural heritage and that the preservation and protection of buildings, structures, and sites of historic, architectural, cultural, archaeological, educational, and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Marlborough Township. To that end, the Township has undertaken to identify, document and preserve its historic resources.
A. 
The provisions of this article, coupled with the provisions of Article XXX of this chapter, are intended:
(1) 
To promote the general welfare, including the education and culture of the Township, by protecting the integrity of the historic resources of Marlborough Township.
(2) 
To establish a clear and public process by which proposed land use changes affecting historic resources can be reviewed.
(3) 
To discourage the unnecessary demolition of historic resources through various incentives and waiting periods. The purpose of implementing a waiting period before a demolition permit is issued is to allow time to formulate options for reuse of the structure or alternatives to its demolition, which can be suggested to the building owner as a way of preserving the historic resource(s). The waiting period will also allow time for the resource(s) to be documented if not preserved.
(4) 
To provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
(5) 
To encourage the conservation of historic settings and landscapes.
(6) 
To promote retention of historical integrity in the context of proposed land use and/or structural changes.
B. 
The provisions of this article shall provide incentives to preserve historic resources, and create a waiting period prior to demolition of an historic resource, but will not prevent an owner of a property with an historic resource located thereon from exercising all rights granted under the Marlborough Township Zoning Ordinance and/or any other state or federal law.

§ 275-210 Establishment of Historic Preservation Overlay Zone.

An Historic Preservation Overlay Zone is hereby created to overlay the entire Township. The provisions of the Historic Preservation Overlay Zone shall apply to all properties with an historic resource located thereon which is listed in the Marlborough Township Historic Resources Inventory. Historic resources on the Marlborough Township Historic Resources Inventory shall constitute an overlay to the Marlborough Township Zoning Map. The regulation of the Marlborough Township Historic Resources Inventory and the Marlborough Township Historical Commission is found in the Marlborough Township General Code.

§ 275-211 Incentives for preservation, rehabilitation, restoration and reconstruction of historic resources.

A. 
The following requirements shall be relieved for preservation, rehabilitation, restoration and reconstruction projects involving historic resources within the Historic Preservation Overlay District that are performed according to the standards and guidelines provided by the most-recent version of the Secretary of the Interior's Standards for Restoration and Guidelines for Restoring Historic Buildings, provided that the general and specific requirements for conditional use approval in §§ 275-216 and 275-217 have been met:
(1) 
Maximum building footprint: increased by 25% building footprint, unless the Board of Supervisors determines that such an increase would not preserve and/or advance the historic significance of the historic resource or would otherwise create a threat to the public welfare.
(2) 
Maximum building coverage: increased by 25% building coverage, unless the Board of Supervisors determines that such an increase would not preserve and/or advance the historic significance of the historic resource or would otherwise create a threat to the public welfare.
(3) 
Maximum impervious coverage: increased by 25% impervious coverage, unless the Board of Supervisors determines that such an increase would not preserve and/or advance the historic significance of the historical resource or would otherwise create a threat to the public welfare. The additional increase in impervious coverage must comply with all other Township ordinances and should incorporate stormwater best management practices.
(4) 
Minimum required setback: The minimum required setback shall remain the same as the underlying zoning district but may be relieved the amount necessary so that a property can achieve reliefs in Subsection A(1) through (3) above as long as the relief does not exceed 50% of the setback required by the underlying zoning district and is otherwise permitted by the Board of Supervisors as set forth above.
B. 
Where the requested relief is determined by the Board of Supervisors to be essential to the preservation of the historic resource because, without such relief, it would not be physically or economically feasible to maintain the historic resource, the Board of Supervisors may, by conditional use, modify such requirements to a greater degree than permitted by this section to protect the historic resource.

§ 275-212 Review for preservation, rehabilitation, restoration and reconstruction of historic resources.

A. 
An applicant who seeks to reconstruct, rehabilitate, preserve or restore Class I, Class II or Class III historic resources on the Marlborough Historic Resources Inventory may expedite the Historical Commission review process by seeking preliminary review of the work prior to completing any other required permits or applications or submitting any plans to the Code Enforcement Officer, Planning Commission, or Board of Supervisors.
B. 
An applicant for the reconstruction, rehabilitation, preservation, or restoration of a Class I, Class II, or Class III historic resource listed on the Marlborough Township Historic Resource Inventory may appear at any meeting of the Historical Commission to start a review of the proposed work. The applicant shall supply to the Historical Commission:
(1) 
The name and address of the resource owner.
(2) 
Recent photographs of the historic resource.
(3) 
A detailed narrative description of the physical changes to be made to the historic resource, including a list of materials to be used to do the work.
(4) 
A site plan and architectural drawings of the proposed work, prepared by a registered architect or engineer.
C. 
The Historical Commission shall review the material at the meeting based on the criteria for review of alterations to historic resources (§ 275-213). The Historical Commission shall draft a list of recommendations concerning the proposed preservation, reconstruction, restoration, or rehabilitation.
D. 
The Historical Commission shall forward a copy of the recommendations to the Code Enforcement Officer, Planning Commission, and Board of Supervisors, who shall not approve the alterations until the list of recommendations has been received, considered, and incorporated, where appropriate, to advance the purposes of this article and/or the Zoning Ordinance, or until 60 days have expired from the date of the meeting when the proposed alterations were first reviewed by the Historical Commission.

§ 275-213 Criteria for review of alterations to historic resources.

A. 
Review of proposed preservation, reconstruction, restoration, or rehabilitation to historic resources by the Historical Commission shall be based only on the following criteria:
(1) 
The proposed preservation, reconstruction, restoration, or rehabilitation replaces, repairs, or reuses materials that are the same as those that currently exist, or historically existed, on the historic resource. Substitutions of materials can be made for materials that are expensive, dangerous, unhealthy, or rare and can be replaced or repaired with less-expensive, safer and more readily available alternatives that are similar in appearance to the original material. Paint shall not be considered a material, and paint colors shall not be subject to review by the Historical Commission.
(2) 
The proposed preservation, reconstruction, restoration, or rehabilitation does not involve the permanent removal of architectural features currently on the historic resource, including, but not limited to, brackets, balusters, dormers, cupolas, roofs, door and window trim, projections, or bays that give the historic resource its historic significance.
(3) 
Deteriorating architectural features shall be repaired rather than removing them. If an architectural feature must be removed because of an extremely deteriorated condition, it shall be reconstructed in the same fashion as it originally existed.
(4) 
The proposed preservation, reconstruction, restoration, or rehabilitation does not involve adding an architectural feature that is not in keeping with the architectural style or time period when the building was constructed.
(5) 
A description of the proposed chemical or physical cleaning that shall be used in accordance with the manufacturers' specification and accepted practices.
(6) 
The spacing and size of windows, doors, and other openings will not be changed, except if changes to the spacing and size of window, door, and other openings are part necessary to preserve or restore the historic resource.

§ 275-214 Additional uses permitted in the Historic Preservation Overlay Zone.

A. 
The following uses and no other shall be permitted in the Historic Preservation Overlay Zoning District:
(1) 
Any use permitted in the underlying zoning district in which the resource is located.
(2) 
If a proposed new use is already allowed in the underlying zoning district, the provisions of this Historic Preservation Overlay Zone shall prevail.
B. 
In accordance with the specific and general requirements for conditional use approval set forth in this chapter, additional use opportunities are permitted on all properties that have an historic resource listed on the Marlborough Township Historic Resources Inventory by conditional use. This proposed use shall retain or, in the case of new construction, preserve the existing principal building(s) on the lot and shall retain the general appearance and character of types of building materials on the front and side facades of the existing building, and any existing front and side porches, and window openings. Additional use opportunities, permitted by conditional use, are:
(1) 
Bed-and-breakfast.
(2) 
Professional office employing not more than five persons.
(3) 
Specialized retail store exclusively selling antiques, with 1,500 square feet or less of gross leasable floor area.
(4) 
Personal services, not including a dry cleaner or a laundromat, and limited to one employee per 500 square feet of gross leasable floor area, up to a maximum of 1,500 square feet.
(5) 
Conference and meeting facilities as a principal use, only where located on tracts exceeding 25 acres.
(6) 
Customary accessory uses to any permitted principal use.
(7) 
Art studio employing not more than three persons. Where instructional classes are provided, the use shall be limited to one class at a time with not more than five students in the class and not more than two instructors.
(8) 
Within the Board's sole discretion and with the Board's approval, any other similar use as a conditional use.

§ 275-215 Additional regulations for historic resources in underlying residential zones.

A. 
If an historic resource utilizing an additional use in the Historic Preservation Overlay Zone is located within an underlying residential zoning district and/or is within 200 feet of a residential zoning district, the following regulations shall also apply:
(1) 
No use shall be permitted that creates excessive noise, odor, vibration, or smoke.
(2) 
Signs shall conform to § 275-87A(5) of the Marlborough Township Zoning Ordinance.
(3) 
Lighting shall conform to § 275-55 of the Marlborough Township Zoning Ordinance.
(4) 
Except where specifically stated, the hours of operation shall be between 8:00 a.m. and 9:00 p.m.

§ 275-216 General requirements for conditional use approval for additional uses.

A. 
An applicant for a conditional use approval under the provisions of this article shall have to prove to the Marlborough Township Board of Supervisors that the change of use to one of the additional use opportunities referenced in § 275-214B will meet the specific requirements for conditional use approval required by § 275-60 of the Marlborough Township Zoning Ordinance.
B. 
In determining if the conditional use will not be contrary to the public interest, the Board of Supervisors will consider whether the conditional use, if granted, will:
(1) 
Adequately protect and/or preserve the historic resource on the property.
(2) 
Not adversely affect the public health, safety, and welfare due to changes in traffic, stormwater drainage, air quality, noise, natural environmental resources, neighborhood property values, and aesthetics.
(3) 
Be in accordance with the Upper Perkiomen Valley Regional Comprehensive Plan.
(4) 
Be geographically located in proximity to other similar uses or zoning districts.
(5) 
Not adversely affect the logical and efficient provision of public services such as refuse collection, police and fire protection, water and sewer.

§ 275-217 Specific requirements for conditional use approval for additional uses.

A. 
On the date that the conditional use approval is applied for, the historic resource on the subject property must be on the Marlborough Township Historic Resources Inventory in order for the application to be valid under the provisions of this article.
B. 
If the proposed new use, which is already allowed in the underlying zoning district, or the additional use opportunity, as set out in § 275-214B, involves alterations to the historic resource, the applicant shall follow the procedures for alterations to historic structures found in §§ 275-212 and 275-213.
C. 
An applicant seeking conditional use approval under the provisions of this article shall submit the appropriate application for the conditional use to the Code Enforcement Officer, Planning Commission, or Board of Supervisors.
D. 
The Code Enforcement Officer, Planning Commission, or Board of Supervisors shall provide a copy of the application for conditional use approval to the Marlborough Township Historical Commission along with the following additional information provided by the applicant:
(1) 
The name and address of the resource owner.
(2) 
A narrative description of the proposed new use.
(3) 
Proposed modifications to applicable bulk, area, and setback regulations, if any.
E. 
The Historical Commission shall review the materials at a meeting and draft a list of recommendations concerning how the proposed change in use may impact the historic significance of the resource.
F. 
The Historical Commission shall forward a copy of the recommendations to the Code Enforcement Officer, Planning Commission, and Board of Supervisors, who shall not approve the conditional use application until the list of recommendations has been received considered, and incorporated where appropriate to advance the purposes of this article and/or the Zoning Ordinance, or until 60 days have expired from the date of the meeting when the proposed change in use was first reviewed by the Historical Commission.

§ 275-218 Demolition of historic resources.

A. 
Upon receipt of an application, plan, or a permit that includes the demolition of an historic resource on the Marlborough Township Historic Resources Inventory, the Board of Supervisors, Code Enforcement Officer, or Planning Commission shall forward the application, plan, or permit to the Historical Commission. The Historical Commission may request that the applicant appear at a meeting or allow the Historical Commission to visit the resource to discuss the reasons for the demolition, possible reuse of the historic resource, and other alternatives for preventing the demolition of the historic resource.
(1) 
The applicant shall supply the following to the Historical Commission at the meeting:
(a) 
Recent photographs of the historic resource(s) to be demolished. The photographs shall include one photograph of each side of the resource and one photograph from each corner perspective that shows two sides of the resource. There should be a minimum of eight photographs submitted. If unable to perform the photographic submission, the Township Zoning Enforcement Officer or another official representative of the Township shall do so for the applicant.
(b) 
Historical data, survey information, and other data provided by local, state and federal historic preservation organizations and other agencies.
(c) 
Floor plans.
(d) 
Measured drawings.
(e) 
Archaeological survey, if appropriate.
(f) 
A written narrative stating the reasons for demolition and possible, or proposed, future uses for the property.
(g) 
Any other available, similar form of documentation.
(2) 
The documents listed in Subsection A(1)(a) through (g) are hereinafter referred to as "the documentation" and/or "historical documentation."
(3) 
The goal of documenting historic resources in Marlborough Township is to provide architects, engineers, scholars, preservationists, and interested members of the public with information on the historical, architectural, technological, or cultural significance of a building. Placed on permanent deposit with the Historical Commission, the historic documentation will serve as a permanent record of the growth and development of the Township's built environment.
B. 
The Historical Commission shall review the material, and the applicant shall be given the option to pursue an alternative to demolition or to demolish the Class I resource.
C. 
When the documentation is complete to the satisfaction of the Historical Commission, the Historical Commission shall promptly forward a copy of the documentation, along with recommendations concerning the proposed demolition, to the Board of Supervisors, Code Enforcement Officer, and Planning Commission, who shall not approve any plan, permit, or application for the demolition of the resource until the documentation and recommendations have been received or until the following time periods have expired from the date of the Historical Commission meeting when the proposed demolition was initially reviewed:
(1) 
In the case of a Class I historic resource: 105 days.
(2) 
In the case of a Class II historic resource: 75 days.
(3) 
In the case of a Class III historic resource: 45 days.
The applicant may withdraw the demolition permit at any time, in which case no further action is required.
D. 
If the applicant chooses to pursue alternatives to demolition of the Class I historic resource, the Historical Commission shall draft a list of recommendations and alternatives to demolition, which shall be promptly forwarded to the applicant. The Historical Commission shall also promptly forward a copy of the recommendations and alternatives to demolition to the Board of Supervisors, Code Enforcement Officer, and Planning Commission, who shall not approve any application, permit, or plan to demolish the Class I historic resource.

§ 275-219 Demolition by neglect.

All historic resources listed on the Marlborough Township Historic Resources Inventory shall not be subjected to demolition by neglect. If demolition by neglect is suspected by the Historical Commission, it shall provide to the Code Enforcement Officer the owner's name and address, the location of the historic resource, a statement of the condition of the building, and reasons for the suspected demolition by neglect. The Code Enforcement Officer shall investigate, or shall request that other law enforcement officials investigate, the possible demolition by neglect. If demolition by neglect is proven by the investigation, the enforcement provision of this article shall be applied.

§ 275-220 Enforcement.

Violation of this article by altering, demolishing, demolishing by neglect, or changing the use of a building on the Marlborough Township Historic Resources Inventory without having first followed the procedures described in this article shall result in enforcement remedies as described in Article III, Violations; Enforcement; Fees; Conflict, of the Marlborough Township Zoning Ordinance.