[HISTORY: Adopted by the Board of Commissioners of York County 6-30-2004 by Ord. No.
2004-04. Amendments noted where applicable.]
The foregoing recitations are incorporated by reference.[1]
[1]
Editor's Note: Said "recitations" are the whereas clauses
of Ord. No. 2004-04, available for inspection in the County offices.
The County shall appoint a County Board of Appeals of five members
(hereafter referred to as "County Board"), with no fewer than five
alternate members, meeting the following requirements:
A.
The initial County Board shall consist of one member appointed for
a term of five years, one member appointed for a term of four years,
one member appointed for a term of three years, one member appointed
for a term of two years and one member appointed for a term of one
year. Thereafter, each new member shall serve for five years or until
a successor has been appointed. Alternate members shall be appointed
for a five-year membership or until a successor has been appointed.
B.
The County Board shall consist of members and alternate members from
each of the following professions or disciplines:
(1)
Registered design professional who is a registered architect; or
a builder or superintendent of building construction with at least
10 years of experience, five of which shall have been in responsible
charge of work.
(2)
Registered design professional with structural engineering or architectural
experience.
(3)
Registered design professional with mechanical or plumbing engineering
experience; or a mechanical or plumbing contractor with at least 10
years of experience, five of which shall have been in responsible
charge of work.
(4)
Registered design professional with electrical engineering experience;
or an electrical contractor with at least 10 years of experience,
five of which shall have been in responsible charge of work.
(5)
Registered design professional with fire protection engineering experience;
or a fire protection contractor with at least 10 years of experience,
five of which shall have been in responsible charge of work.
C.
A member or alternate member of the County Board shall serve at the
pleasure of the County Board of Commissioners.
D.
Members of the County Board of Commissioners, or members of a participating
municipality's governing body or its code administrators, may
not serve on the County Board.
E.
The Building Code Official (hereafter referred to as "BCO") of a
participating municipality may be an ex officio member of the County
Board for any appeal from the participating municipality, but shall
have no vote on any matter before the County Board.
F.
The County may fill a position on the County Board with a qualified
person who resides outside of the County when it cannot find a person
within the County who satisfies the requirements of this section.
G.
A County Board member or alternate member may not cast a vote or
participate in any appeal, request for hearing, variance or extension
of time in which the member has a personal, professional or financial
interest.
H.
The County Board shall schedule meetings and provide for public notice
of meetings in accordance with 65 Pa.C.S.A. §§ 701
through 716, relating to the Sunshine Act.
The County Board shall be governed by the following rules:
A.
At its first convened meeting in each calendar year, the County Board
shall elect:
B.
The County Board shall publish the date, time and location for the
meetings for the following calendar year no later than December 31
of each year.
C.
The County Board may not act upon an appeal, request for variance
or request for extension of time relating to accessibility under the
Act.
D.
The County Board shall have no authority to waive requirements of
the UCC.
E.
The County Board shall consider an appeal, request for hearing, request
for variance or request for extension of time only if it has been
filed with a participating municipality, on a form provided by the
participating municipality or its BCO. A fee in an amount to be determined
by the participating municipality shall be paid by the applicant to
the participating municipality prior to the scheduling of the appeal,
hearing or request with the County Board. The fee shall be considered
an integral part of such appeal or request, and failure to file the
fee at the time of filing of the appeal or request shall render the
appeal or request for hearing, variance or extension of time incomplete
as filed, and it will not be forwarded to the County Board until such
fee has been paid. The postmark or date of personal service will establish
the filing date of the appeal or request for variance or extension
of time. Such appeal shall automatically suspend any action to enforce
an order to correct, until the matter is resolved, except that any
action relating to an unsafe building, structure or equipment shall
not be stayed by the appeal, request for variance or request for extension
of time.
F.
Within 60 days from the date of appeal or request for variance or
extension of time, the County Board shall decide an appeal, variance
request or request for extension of time by reviewing documents and
written brief or argument, unless the applicant requests a hearing.
G.
The County Board shall hold a hearing if requested by the applicant
within 60 days from the date of request, unless the applicant agrees
in writing to an extension of time.
(1)
Upon the filing of a written request for a hearing with the payment
of any fees, the County Board shall schedule a hearing and notify
the applicant and BCO of the date, time and place of the hearing.
(2)
The County Board may deny the hearing request, in whole or in part,
grant the hearing request, in whole or in part, or grant the hearing
request, upon certain conditions being satisfied.
H.
The BCO of a participating municipality shall be responsible for
circulating to all members of the County Board in advance of a meeting
or hearing all necessary and appropriate documents for each appeal,
request for variance or request for extension of time filed with a
participating municipality.
I.
The review standards of the County Board are as follows:
(2)
Request for variance or extension of time. When considering a request
for variance or extension of time, the County Board may consider the
following factors:
(a)
The reasonableness of the UCC's application in a particular
case.
(b)
The extent to which granting of a variance or an extension of
time will constitute a violation of the UCC or create an unsafe condition.
(c)
The availability of professional or technical personnel, or
materials and equipment, needed to come into compliance.
(d)
The efforts being made to come into compliance as quickly as
possible.
(e)
Compensatory features that will provide an equivalent degree
of protection to the UCC.
J.
The County Board shall render all decisions by resolution, with written
findings. A certified copy of the resolution and written findings
shall be provided to the appellant, with a copy to the BCO of the
participating municipality. It shall be the responsibility of the
BCO to forward a copy of each decision to the participating municipality.
K.
The County Board shall adopt and make available to the public procedures
for the conduct of a hearing. The procedures shall not require compliance
with strict rules of evidence but shall mandate that only relevant
information be received. The County Board may also adopt such other
rules, including but not limited to fees, as it shall deem necessary
to conduct its business.
L.
A quorum of the County Board shall consist of a majority of the then-appointed
members or their seated alternates.
(1)
The County Board shall modify or reverse the decision of a BCO by
a concurring vote of at least three members. Failure to achieve such
a vote shall result in a denial of the appeal or other action requested.
(2)
Any other action by the County Board shall be by majority vote of
the quorum at any meeting. Failure to achieve a majority vote shall
result in denial of the appeal or other action requested.
(3)
When five members of the County Board are not present to hear an
appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
M.
The Chairman of the County Board shall call an alternate member or
members to hear appeals and requests if a quorum cannot be achieved
due to absence or disqualification of a member or members.
If no appeal, request for hearing, request for variance or request
for extension of time has been filed with the County Board, a participating
municipality may terminate its participation in the County Board by
adopting an ordinance and notifying the County in writing. If an appeal,
request for hearing, request for variance or request for extension
of time has been filed with the County Board pursuant to the requirements
of this chapter, a participating municipality may terminate its participation
by adopting an ordinance and notifying the County in writing not less
than 90 days' prior to the date of the termination.
A participating municipality shall be responsible for the costs
of any services provided by the County Board, and that the fees charged
will cover the costs. If fees do not cover the costs, a participating
municipality will increase those fees to an amount that will do so.
The County of York is authorized by resolution to enter into
and amend intergovernmental cooperation agreements with any municipality
in the Commonwealth of Pennsylvania to participate in the County Board.
Any such agreement shall be effective upon the adoption of an ordinance
authorizing the municipality to enter an intergovernmental cooperation
agreement and the execution of that agreement by the municipality
and County.
The County and participating municipality shall indemnify and
hold harmless each other, and their respective officers, employees,
agents, affiliates (and their officers, partners, directors, employees
and agents) and their respective successors and assigns from and against
any and all claims, losses, costs and expenses (including but not
limited to personal injury, death, illness or loss of or damage to
property and attorneys' fees and expenses) which arise out of
or are related to the existence of this agreement or duties and responsibilities
hereunder.
The York County Planning Commission shall be responsible for
providing administrative and other necessary support to the County
Board.
