Demolition of any building, improvement, site, place or structure.

Change in the exterior appearance of any building, improvement, site, place or structure by addition, reconstruction, alteration or maintenance.

Relocation of a principal or accessory building or structure.

Any addition to or new construction of a principal or accessory building or structure.

A certificate of appropriateness shall not be required before a zoning permit or a construction permit is issued for changes to the interior of a structure or changes to the exterior of a structure that strictly meet the standards for ordinary maintenance and repair as defined in this section of Chapter 28.

The zoning officer shall review all permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in this section of Chapter 28. The zoning officer may issue a permit if the work strictly meets the standards for ordinary maintenance and repair as defined in this section of Chapter 28.

The zoning officer shall refer the application to the Historic Preservation Commission if the proposed work does not meet the standards for ordinary maintenance and repair. If the zoning officer has any doubt as to whether the work constitutes ordinary maintenance and repair, then the proposal shall be referred to the Commission.

All applicants shall complete an application form. Application forms shall be made available in the office of the administrative officer. Completed applications shall be filed with the administrative officer.

Each application shall be accompanied by sketches, drawings, photographs, descriptions, the property survey, building elevations and other information to show the proposed alterations, additions, changes or new construction.

Applications for demolition shall include current and archival photographs of the interior and exterior of the building and drawings to document the condition of the building. The Commission may require the subsequent submission of such additional materials as is reasonably necessary to make an informed decision.

The required information is referred to in this section of Chapter 28 as the "Checklist."

The administrative officer shall refer the application to the Commission together with the Checklist documents.

The Commission shall reach a decision on an application and submit its report to the administrative officer within 45 days of referral by the administrative officer.

Communication and cooperation between the applicant and the Commission is encouraged.

Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission.

Persons considering action that requires a certificate of appropriateness, as set forth in this section, are encouraged to request an informal "informational meeting" with the Commission and/or its chair prior to submitting a formal application for a certificate of appropriateness. Requests for such informational meetings can be made to the administrative officer, who will contact the chair of the Commission. The Commission shall hold such informational meetings within 15 days of receipt of such request.

The purpose of an informational meeting is to review the design guidelines and standards of appropriateness and the procedures for obtaining a certificate of appropriateness. Neither the applicant nor the Commission shall be bound by any informational meeting or conceptual review.

Applicants are encouraged to consult with the Commission and to obtain guidance for the proposed permit.

Conceptual review shall not apply to any applications for development. The Commission shall not consider conceptual review of an application for development unless specifically referred to it by the Planning Board.

Notices of meetings must comply with the requirements of the Open Public Meetings Act.

An applicant is encouraged to attend the Commission meeting at which the permit will be considered but shall not be required to appear or to be represented at the meeting to consider the application for a certificate of appropriateness, and the Commission may take action in the absence of the applicant.

The Historic Preservation Commission shall issue a certificate of appropriateness if it finds the permit application in conformity with the design guidelines.

The Commission shall issue a denial of a certificate of appropriateness if it finds the permit application is not in conformity with the design guidelines.

When an application is approved, the Commission shall forthwith issue a certificate of appropriateness. Failure to report within a forty-five-day period shall be deemed to constitute a report in favor of the proposed work and without conditions.

In the event that the applicant has consented to an extension of time to consider the certificate, the extension of time should be transmitted to the administrative officer, who shall not issue the permit during the period of time of the extension.

Appeals from determinations of the administrative officer pursuant to the decision of the Historic Preservation Commission may be made by the applicant to the Planning Board in accordance with N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the action after an appeal is concluded by the Planning Board.

The appellant shall pay all costs of the appeal, including costs for copies of any records or transcripts required for appeal.

If, in the appeal, the Planning Board determines that there is an error in any order, requirement, decision or refusal made by the administrative officer, the Planning Board shall, in writing, include the reasons for its determination in its findings of its decision.

The owner shall post the certificate of appropriateness on a conspicuous spot on the site visible to the public during the entire process of work.

Issuance of an approval of a certificate of appropriateness shall be deemed to be a final decision. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other provision of the Borough Code. The denial of a permit shall be deemed to preclude the applicant from undertaking the permit sought.

When a certificate of appropriateness has been issued, the administrative officer shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.

A certificate of appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.

Minor work applications as defined herein may be reviewed and approved by the Chair in conjunction with the Minor Work Review Committee without holding a public hearing. A minor work application shall require submittal of information consisting of the standard application cover pages and, where applicable, a drawing in sufficient detail to accurately depict the work proposed and adequate to provide information required for issuance of a permit by the administrative officer. If the Chair in conjunction with the Minor Work Review Committee finds that the proposed work conforms to the design guidelines, the Committee may act in place of the full Commission without the necessity of a public hearing.

After receiving the report of the Chair and the Minor Work Review Committee, the administrative officer shall then authorize the applicant to proceed and shall issue any required permit associated therewith.

If the Chair in conjunction with the Minor Work Review Committee does not find the permit to be consistent with the design guidelines, the permit shall be referred to the Commission to schedule a public hearing after filing a complete application in accordance with the submission requirements of the certificate of appropriateness checklist.

When a historic site or a resource in the historic district requires immediate repair or work to preserve its continued habitability or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes if the construction official certifies that a bona fide emergency exists.

Emergency work shall be permitted only as necessary to preserve the continued habitability or stability of the building or structure or the health and safety of its occupants or others. Under such circumstances, where feasible, temporary measures to prevent further damage shall be employed, provided these measures are reversible without causing damage to the building or structure.

Simultaneously with the commencement of the emergency work, the property owner shall make a request for a certificate of appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the administrative officer and pursuant to the procedures applicable to a certificate of appropriateness.

The emergency procedures are strictly limited to those circumstances that, in the opinion of the construction official, rise to the level of a bona fide emergency. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the administrative officer and the Historic Preservation Commission.

It is recognized that the intent and purposes of this section would not be fully served if the municipality and other governmental agencies were to control the actions of others but fail to apply similar constraints to itself. The Borough of Allentown, when it plans an alteration, demolition, construction or change in appearance to any Borough owned property in a historic district or on a historic site, shall submit such plans to the Historic Preservation Commission and shall receive an advisory report on the appropriateness of those plans before undertaking the work.

In those circumstances where the municipality cannot require compliance, as in certain cases involving the county, state and federal governments, the Borough strongly urges the voluntary cooperation of such agencies in seeking a certificate of appropriateness and hereby authorizes the Commission to consider such requests and applications in connection with capital project review under N.J.S.A. 40:55D-31 or courtesy site plan review. This does not relieve the property owner from complying with other applicable regulations regarding historic preservation.