A.
When 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 result of the Review Board's action,
he is unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The owner of record shall submit by affidavit
to the Review Board some or all of the information below at the discretion
of the HARB, which shall include but not be limited to the following:
(1)
Date the property was acquired by its current owner.
(2)
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.
(3)
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Income and property tax factors affecting the property.
(9)
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
(10)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimates) of
any additional cost(s) that would be incurred to comply with the recommendations
of the Planning Board for changes necessary for it to approve a certificate
of appropriateness.
(11)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
B.
The Review Board may require that an applicant furnish additional
information relevant to its determination of unreasonable economic
hardship.
C.
The Review Board may receive and consider studies and economic analyses
from other Borough agencies and from private organizations relating
to the property in question.
D.
Should the Review Board determine that the owner's present return
is not reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The Review Board may choose to recommend to the Borough
that special economic incentives be developed to assist the owner
of the resource in maintaining it and obtaining a suitable economic
return or achieving a reasonable beneficial use.
E.
The Review Board may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the Review Board
chooses to explore such options, the Review Board may delay issuing
a certificate of appropriateness for demolition on the basis of economic
hardship for a period of 90 days in addition to time periods otherwise
applicable.
F.
Should the applicant satisfy the Review Board that he will suffer
an unreasonable economic hardship if a certificate of appropriateness
is not approved, and should the Review Board be unable to develop
with the Borough or appropriate local, statewide and national preservation
organization a solution which can relieve the owner's economic
hardship, the Review Board must recommend a certificate of appropriateness
for demolition.
A.
All buildings and structures within the Borough Historic District
shall be maintained in good repair, structurally sound, and reasonably
protected against decay and deterioration.
B.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration of crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken window or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that a demolition is necessary for the
public safety.
