[Amended 12-9-2009 by Ord. No. 11-2009[1]]
A.
The demolition of an historically and/or architecturally significant structure as defined in § 128-12, or a portion thereof, shall be discouraged by this chapter, as the loss would be a common loss to the Borough and the neighborhood.
B.
The moving of such a structure should be encouraged as an alternative
to demolition if there is no other way to save the structure at its
existing location.
C.
All applications for full or partial demolition or moving of structures
shall be referred to the Borough Planning Board for consideration.
D.
The Planning Board shall not approve demolition of an architecturally
significant building, or significant portion thereof, solely for the
purpose of allowing subdivision of land into buildable lots. The Planning
Board shall assume that a proposed demolition is for this purpose
until the applicant proves otherwise; the burden of proof shall be
with the applicant.
E.
The Planning Board shall approve an application for demolition of
an architecturally significant building, or portion thereof, if the
building, or portion thereof, is uninhabitable, as determined by the
Construction Code Official's written report, and the applicant proves
that it is not economically feasible to recondition the building to
a condition wherein it is safe for occupancy or use. The applicant
shall provide the Planning Board with pictures of all areas of the
building, interior and exterior, as this proof. The Planning Board
may also consult with the Historic Preservation Commission[2] and/or the Riverton Historical Society to determine the
architectural or historical significance of the building. The Planning
Board may request the Historic Preservation Commission to provide
a report and/or testimony to the Board concerning the architectural
significance or history of the subject structure. If the Planning
Board does not find it obvious that it is economically unfeasible
to preserve the building, it shall require additional proof from the
applicant in the form of work estimates and appraisals. Normal maintenance,
lead-based paint and asbestos-containing siding and/or roofing shall
not be considered.
[2]
Editor's Note: Amended pursuant to Ord. No. O-2023-05A, adopted 10-11-2023,
which replaced the Architectural Review Committee with the Historic
Preservation Commission.
F.
In making this determination, the Planning Board shall use the criteria
set forth in this chapter. If the Planning Board determines that demolition
or moving is not appropriate, it may postpone issuance of the permit
for a period of six months. During this period of time, the Planning
Board may hold other hearings to determine if there is some other
means to preserving the building. The Planning Board is empowered
to work out with the owner feasible plans for preservation of structures
where demolition or moving thereof would be a great loss to the public,
the Borough, the streetscape or the neighborhood. In the event that
it is shown that the owner has a reasonable economic use of the property
and that the structure should be preserved on the basis of the standards
set forth in this chapter, the Planning Board may deny the application
for demolition.
