Borough of Old Forge, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 7-20-2004 by Ord. No. 2004-8. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 130.

§ 38-1 Participating municipalities.

There are three participating municipalities, the Boroughs of Taylor, Old Forge, and Moosic.

§ 38-2 Establishment; organization.

A joint three-member Board of Appeals to hear appeals under the Act and applicable regulations is hereby established. Each participating municipality shall have one designated member and one alternate member to serve in the absence of a designated member of the municipality. The Board shall elect appropriate officers and establish rules and regulations.

§ 38-3 Duties.

The Joint Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time.

§ 38-4 Application for appeal.

An owner or owner's agent may seek a variance or extension of time or appeal a Code Enforcement Officer's decision by filing a petition with the Code Enforcement Officer or other person designated by the Board of Appeals on a form provided by the participating municipality in which the appeal arose. Unless otherwise provided by law, an application for appeal shall be based on a claim that the true intent of the Act or Uniform Construction Code has been incorrectly interpreted, the provisions of the Act or Uniform Construction Code do not fully apply, or an equivalent form of construction is to be used.

§ 38-5 Composition.

The composition of a Board of Appeals is governed by all of the following, unless otherwise restricted or preempted by law:
A. 
A member of the Board of Appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensure as an architect or engineer, experience in the construction industry, and training or experience as an inspector or plan reviewer.
B. 
A member of the Board of Appeals holds office at the pleasure of the municipality's governing body.
C. 
Members of a municipality's governing body and its Code Enforcement Officer may not serve on a Board of Appeals.

§ 38-6 Residency.

A municipality may fill a position on the Board of Appeals with a qualified person who resides outside of the municipality when it cannot find a person within the municipality who satisfies the requirements of 34 Pa. Code § 403.121, as may be amended and supplemented.

§ 38-7 Alternates.

The governing body of the participating municipality may appoint by resolution at least one person to serve as an alternate member of the Board for their respective municipalities in the absence or unavailability of the designated member. When seated pursuant to the provisions this chapter, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law.

§ 38-8 Conflicts of interest.

A Board of Appeals member may not cast a vote or participate in a hearing in any appeal, request for variance or request for extension of time in which the member has a personal, professional or financial interest.

§ 38-9 Public notice.

A Board of Appeals shall schedule meetings and provide public notice of meetings in accordance with 65 Pa.C.S.A. §§ 701 to 716 (relating to the Sunshine Act). If the owner or owner's agent requests a hearing, the Board of Appeals shall schedule a hearing and notify the owner or owner's agent and Code Enforcement Officer of the date, time and place of the hearing. The Board of Appeals shall provide a written notice of its decision to the owner and to the Code Enforcement Officer.

§ 38-10 Limitations.

A Board of Appeals may not act upon appeals, requests for variance or requests for extension of time relating to accessibility under the Act.

§ 38-11 Duration.

The Board shall function as long as there are three participating member municipalities. Any participating member may terminate the agreement by duly authorized resolution passed at a public meeting.

§ 38-12 Funding.

Each municipality will appropriate annually such funds as it deems necessary for the Board; the Board may not create any monetary or other obligation or liability on behalf of the participating municipalities. Each participating municipality shall establish fees and costs for appeals to the Board by resolution from time to time.

§ 38-13 Statutory authority.

The Joint Appeals Board shall be governed by the provisions of the Act and applicable regulations as may be amended from time to time, including, but not limited to, 34 Pa. Code §§ 403.121 and 403.122, unless otherwise provided herein as may be permitted by law.

§ 38-14 Interjurisdictional agreement.

The participating municipalities shall enter into an interjurisdictional agreement. The agreement may be modified from time to time by resolution and execution by the participating municipalities.