[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.
There are three participating municipalities,
the Boroughs of Taylor, Old Forge, and Moosic.
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.
The Joint Board of Appeals shall hear and rule
on appeals, requests for variances and requests for extensions of
time.
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.
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.
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.
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.
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.
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.
A Board of Appeals may not act upon appeals,
requests for variance or requests for extension of time relating to
accessibility under the Act.
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.
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.
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.
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.
