[Ord. No. 86-20, § 4.]
Any owner of a structure within or without the borough may apply to the development enforcement officer for designation of that structure as a preservation structure as provided herein. In making such determination the development enforcement officer shall consult the historic preservation review committee, or its designated subcommittee, which shall make its recommendation in writing.
[Ord. No. 86-20, § 4]
If the development enforcement officer determines that a structure is a preservation structure, he shall cause to be published twice in a newspaper of general circulation in the borough a notice which announces the designation and sets forth a description of the structure, the address of the structure, and the name(s) of the owner(s) of the structure. The notice shall contain an invitation to the public to submit proposals for the acquisition and relocation of the structure pursuant to this subdivision; and the notice shall set forth telephone number and mailing address at which inquiries and submissions may be made.
[Ord. 86-20, § 4.]
(a) 
Any person may submit a proposal to the historic preservation review committee for the acquisition and relocation of a preservation structure. Such proposal shall include such information as may be required by rules promulgated by the historic preservation review committee, including:
(1) 
Identification of the applicant,
(2) 
A detailed description of the means by which applicant intends to move the structure, including all streets and properties in the borough likely to be affected,
(3) 
A detailed description of the relocation site and of the work required to prepare the site,
(4) 
A sketch plat reflecting the proposed location of the structure on the relocation site,
(5) 
An analysis of the extent of any noncompliance with bulk zoning requirements applicable to the relocated structure at the relocation site,
(6) 
A detailed description of plans for restoration of the exterior and, if applicable, the interior of the structure, and
(7) 
A description of the means by which applicant intends to comply with the terms and conditions imposed upon acquisition and relocation as further set forth herein. Prior to any meeting at which the historic preservation review committee makes a final decision accepting a relocation plan, the committee shall give reasonable written notice of the meeting to all owners of properties located in whole or in part within 200 feet of the proposed relocation sites.
(b) 
Upon acceptance of any relocation plan by the historic preservation review committee, in conformance with the standards and criteria set forth herein the owner of the preservation structure may transfer ownership of the structure to the successful applicant subject to the following terms and conditions:
(1) 
The successful applicant shall remove the structure at its sole expense;
(2) 
The successful applicant shall provide a bond or other security or assurance acceptable to the borough in an amount sufficient to guarantee the costs of moving the structure; and
(3) 
The successful applicant shall demonstrate to the satisfaction of the borough that it is adequately insured against liability for damage to persons and property resulting from the relocation of the structure.
(c) 
The acceptance of a relocation plan shall not be construed to affect the continuing right of the owner of the preservation structure to transfer or otherwise dispose of the structure in any manner and to any person he chooses, except only the successful proponent of a relocation plan shall be relieved of zoning requirements at the relocation site as further provided herein.
(d) 
Review and approval of a relocation plan by the historic preservation review committee pursuant to this section, regardless of the location of the affected property, shall include and substitute for any review which otherwise may be required by the site plan review advisory board pursuant to section B17A-173, and the historic preservation review committee shall have in this respect the same powers and its decisions shall have the same effect as prescribed for the site plan review advisory board.
[Ord. 86-20, § 4]
(a) 
No proposal for the acquisition and relocation of a preservation structure shall be accepted unless the applicant demonstrates the following:
(1) 
An intention and capacity to meet the terms and conditions set forth above;
(2) 
Proposed means for relocating the structure in a safe and orderly manner substantially restoring to original condition all properties affected by the move, except restoration of the site on which the structure was originally located shall be the responsibility of the owner;
(3) 
A plan for locating the structure on the relocation site in a manner which:
a. 
Complies with all zoning requirements except such requirements as may be modified for preservation structures pursuant to this subdivision,
b. 
Preserves the distinguishing original qualities or character of the preservation structure,
c. 
Involves repair and replacement of deteriorated architectural features in a manner consistent with the original composition, design, texture and other visual qualities of the original structure,
d. 
Involves only such alterations of the structure as preserve or restore the essential form and integrity of the structure, and
e. 
Results in a restored and relocated structure which is compatible with the size, scale and character of structures on adjoining properties and with the visual aspects of the streetscape.
[Ord. 86-20, § 4]
(a) 
In the event of more than one proposal for acquisition and relocation of a preservation structure, the historic preservation review committee shall select and approve that proposal which meets the minimum requirements set forth above and best accomplishes the following objectives:
(1) 
Restoration of the exterior of the structure to its original architecture;
(2) 
Location of the structure in a manner which ensures greatest compatibility with adjoining properties and existing streetscapes;
(3) 
Moving of the structure with least damage or threat of damage to trees and other properties;
(4) 
Closest possible compliance with existing zoning and parking requirements; and
(5) 
Visibility of the relocated structure from public streets.
(b) 
In choosing between proposals which in other respects are substantially similar, the historic preservation review committee shall give preference to relocation plans which result in the following end uses, in order of preference:
(1) 
Low-and-moderate-income housing, as same is defined by regulations of the department of housing and urban development;
(2) 
Residential use;
(3) 
Mixed residential and commercial use;
(4) 
Commercial use.
[Ord. 86-20, § 4]
(a) 
To the extent required for implementation of an approved relocation plan, the following zoning requirements otherwise applicable to structures on the relocation site shall be modified as necessary, provided the location of the relocated structure on the site is compatible with the streetscape:
(1) 
Floor-area-ratio and lot-coverage requirements, provided the floor-area-ratio applicable to a relocated preservation structure devoted to commercial use or mixed commercial and residential use shall not exceed the requirements otherwise applicable by more than 15%;
(2) 
Minimum lot areas, lot widths and lot depths;
(3) 
Minimum front-yard requirements;
(4) 
Minimum back-yard requirements and minimum smaller-side-yard requirements, provided the location of the structure complies with the requirements for minimum distances between buildings on adjacent properties as set forth in section B17A-382 and B17A-383, or with the relaxed side-yard requirements for existing small lots as set forth in sections B17A-373 or B17A-376 (b), whichever permits in a particular case the smaller side-yard;
(5) 
Parking requirements, provided any such requirement applicable to commercial or mixed uses may only be reduced by up to one-half, and provided further that there shall be no reduction whatsoever for eating and drinking establishments; and,
(6) 
In a commercial district, set-back requirements relating to paving for parking spaces.
[Ord. 86-20, § 4.]
Any proponent of a relocation plan adopted by the historic preservation review committee which after acquisition of the preservation structure fails to perform the commitments it has undertaken in such relocation plan shall be subject to an action for performance of said commitments and shall otherwise be liable in contract and tort to the full extent permitted by law, in addition to such other penalties as are provided for violations of this chapter.