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Packet · Sep 11, 2012

Conference/Public Meeting Agendas/Documents — Packet

Preserved file SHA-2569c4cd6a7170e9fb1427eb848720445b7758bf8ad93c12ece6284373371eaf069

Indexed text · page 179

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Page 179

(4) All appraisals obtained by the owner in connection with his purchase or financing of the property, or during his ownership of the property; (5) Bona fide offers of the property for sale or rent, price asked, and offers re- ceived, if any; (6) Any consideration by the owner as to profitable, adaptive uses for the property. The Commission shall study the question of economic hardship for the applicant and shall determine whether the site or the property in the Historic District can be put to reasonable beneficial use without the approval of the demolition application. In the case of an income-producing building, the Commission shall also determine whether the applicant can obtain a reasonable return from his existing building. The Commission may ask applicants for additional information to be used in making these determinations. 5. Moved Structures. In regard to an application to move a historic Landmark or any building or structure in an Historic District to a new location, the following matters shall be considered: (a) The impact that losing its original historic location would have on the building or structure, and, if the present location is within a Historic District, the impact on the Historic District as a whole. (b) The reasons for not retaining the building or structure at its present site. (c) The compatibility, nature, and character of the areas surrounding the current site and the proposed site, as they relate to the protection of interest and values referred to in this section. (d) If the proposed new location is within a Historic District, visual compatibility factors as set forth in subsection 25-30.4g. (e) The probability of significant damage to the Landmark itself. (f) If it is to be removed from West Orange Township, the proximity of the proposed new location to the Township, including the accessibility to the residents of the Township and other citizens. h. Approvals/Denials. 1. Effect of Certificate of

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new location to the Township, including the accessibility to the residents of the Township and other citizens. h. Approvals/Denials. 1. Effect of Certificate of Appropriateness. Issuance of a Certificate of Appropriateness shall be deemed to be final approval pursuant to this section. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other municipal ordinance to be made prior to undertaking the action requested vis- a-vis the Landmark or structure in the Historic District. 2. Denial of a Certificate of Appropriateness. Denial of a Certificate of Appropriateness shall be deemed to preclude the applicant from undertaking the activity applied for. i. Appeals. 1. The granting or denial of a Certificate of Appropriateness may be appealed to the Zoning Board of Adjustment in the same manner as if the appeal were taken pursuant to N.J.S.A. 40:55D-70(a). The appellant shall pay all costs of the transcript. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the municipal Zoning Board of Adjustment. 2. Right to Sell During Appeal. Any appeal which may be taken to court from the decision of any municipal agency, whether instituted by the owner or any other proper party, shall not affect the right of the owner to make a bona fide offer to sell. 166

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