[Ord. 881, 7/21/2014]
1. 
Where a claim of unreasonable economic hardship is made due to the effect of this chapter, the owner of record must present evidence sufficient to prove that, as a potential result of the HARB's recommendation, she/he is unable to obtain a reasonable return or a reasonable beneficial use from the property. The owner of record shall submit information by affidavit to the HARB to document the claim; such information shall include, but need not be limited to, the following, except where one or more items are deemed unnecessary by the HARB:
A. 
Date the property was acquired by its current owner.
B. 
Price paid for the property (if acquired by purchase) and a description of the relationship, if any, between the buyer and the seller of the property.
C. 
Mortgage history of the property, including current mortgage and the annual debt service, if any, for the previous two years.
D. 
Current market value of the property.
E. 
Equity in the property.
F. 
Income and expense statements for the past two years.
G. 
Current owner's capital expenditures on the property.
H. 
Income and property tax factors affecting the property.
I. 
Any existing appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, offering for sale, financing, or ownership of the property.
J. 
Any existing studies commissioned by the owner as to profitable renovation, rehabilitation, or utilization of any structures or objects on the property for alternative use.
K. 
Estimates of the cost of the proposed erection, reconstruction, alteration, rehabilitation, restoration, or demolition and estimates of any additional cost(s) that would be incurred to satisfy the HARB's recommended terms for a certificate of appropriateness. Such estimates shall be obtained from bona fide contractors or vendors deemed qualified by the HARB. The number of such estimates shall be as required by the HARB, at its discretion.
L. 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other.
2. 
The HARB shall evaluate the existing condition of the building or structure and its architectural features based on its inspection, photographs, or report from the Code Enforcement Officer.
3. 
The HARB may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.
4. 
Where proposed by an applicant to ameliorate economic hardship affected by required compliance with the terms of this chapter:
A. 
No substitute material shall be approved which is inappropriate, incompatible, or is destructive or has the potential to be destructive to the original fabric of the building or structure.
B. 
No capping with aluminum, vinyl, or similar material shall be allowed on the exterior of character-defining features of a building or structure.
5. 
The HARB shall present its findings and recommendations in a written report to Borough Council, which shall then make a final determination on the applicant's request.