§ 168-7. Application procedure.

A. 

All applicants shall complete and file an application form promulgated by the Commission not less than 28 days before the Commission meeting at which the application is to be initially considered. A copy of that application shall simultaneously be submitted to the Borough Clerk.

B. 

The Commission shall review the application form and classify the application in accordance with the relief requested.

(1) 

If the action for which the certificate of appropriateness is requested meets the definition of "major application" in § 168-3 or will substantially affect those characteristics of the landmark listed on the landmark designation or, in the case of an improvement within an historic district, will substantially affect the characteristics of the district listed on the district's landmark designation, the Commission shall classify the application as a major application as described in the Commission regulations.

(2) 

If the action for which the certificate of appropriateness is requested meets the definition of "minor application" in § 168-3 or will not substantially affect the landmark or district as stated above, then the Commission shall classify the application as a minor application.

(3) 

The Commission shall meet in an agenda session at least 21 days before a regular meeting at which an application shall be considered. At such agenda session the Commission shall classify all pending applications as major or minor and shall so notify the applicant within seven days thereafter.

C. 

Minor applications may be heard at the meeting following such classification, unless the Commission decides otherwise as set forth hereafter. If the Commission finds that an adjacent property may be affected by the action for which a certificate has been requested, although minor, the Commission may order the applicant to send certified mail notices of the pending application to such owners of adjacent property as the Commission believes might be affected by their action no later than 18 days before the meeting date. Such owners shall have 10 days to file a written objection. If a written objection is received, the Commission shall hear the applicant and the objector on the record, prior to making its decision. The objector shall have full rights to present evidence and to cross-examine witnesses. The Commission shall hear and make recommendations on such application within 45 days of its receipt, otherwise the application shall be deemed to have been approved.

D. 

For a major application in addition to those items required by regulation to be submitted as part of a major application, the applicant shall also submit:

(1) 

A certificate that all property owners within 200 feet of the lot lines of the landmark property have been sent a notice of the application by certified mail not less than 10 days before it is to be heard; and

(2) 

Proof of publication of a notice of the application is in the official newspaper not less than 10 days before it is to be heard.

E. 

The Commission shall hear the major applications at a public hearing held after the aforesaid notice has been given, and the Commission shall make a decision on the application within 45 days after the secretary has declared an application to be complete; otherwise the application shall be deemed to have been approved. Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The Commission may advise the applicant and make recommendations in regard to the appropriateness of the proposed action.

F. 

After action by the Commission, pursuant to Subsection E hereof, the Secretary of the Commission shall notify the applicant, in writing, of such decision and with a certified copy of the memorialization resolution thereof. A summary of the Commission's action shall be published in the official newspaper at the expense of the applicant, and the Zoning Officer and/or Construction Code Official shall be notified of the appropriate action to be taken by them, i.e., either to issue a permit or permits, including the imposition of conditions therefor, or to deny a permit.

G. 

In the event that an applicant alleges that compliance with the requirements of this section would be an unreasonable hardship and that the nature of his or her time and expense of the plenary proceeding will not impact negatively on the public good nor specifically on the historic qualities sought to be preserved, the Commission, by a vote of not less than five affirmative votes, may grant such relief from the requirements of this section as it deems consistent with the public good and the purposes of this chapter, such action may be taken at agenda sessions. The Commission may also grant such relief after a full hearing if the applicant meets the criteria of this section; at least five affirmative votes shall be required.

H. 

An applicant may allege that a certificate of appropriateness should be granted without his or her fulfilling all of the application requirements set forth herein because the addition or alteration contemplated will not be visible from any place to which the public normally has access and, therefore, that said addition or alteration cannot adversely affect the public interest. In that event the Commission, by four affirmative votes, may recommend the grant of a certificate of appropriateness, which action may be taken at agenda sessions.