[Ord. No. 2021-05, 3/16/2021]
If the landowner or operator of a MHP believes that compliance
with this chapter would create an unnecessary hardship, such entity
may appeal to the Board of Supervisors for relief from the strict
application of the provisions of this chapter. A hardship that was
not self-created shall be required to be shown in order to obtain
a waiver of a requirement of this chapter. A modification of a requirement
may be approved without proof of hardship if the applicant proves
that the modified standard would serve the same public purposes as
the required standard.
[Ord. No. 2021-05, 3/16/2021]
1. Appeals related to an enforcement notice under this chapter or a
determination of the Code Administrator shall be filed in writing
to the Board of Supervisors within 30 days after receipt of notice
of the action being appealed and must be accompanied by the appropriate
fee set by resolution of the Board.
2. Appeals shall meet the following standards, as applicable:
B. State the grounds upon which the appeal is being filed;
C. Include all relevant information upon which the appellant is alleging
hardship and the reason why the strict adherence will cause that hardship;
D. Include a description of the relief sought; and
E. Propose an alternative standard that the entity requests to be used
in order to serve the same purpose.
[Ord. No. 2021-05, 3/16/2021]
1. Within 30 days of receipt of an appeal that complies with the requirements in § 902 of Chapter
14, Manufactured/Mobile Homes and Manufactured/Mobile Home Parks, the Board shall schedule a public hearing, which shall be conducted pursuant to the Local Agency Law (2 Pa.C.S.A. § 551 et seq.), unless the applicant grants a written time extension.
2. The Board of Supervisors shall issue a written decision within 30
days of the end of the hearing. All decisions of the Board shall contain
findings and the reasons for the decision and shall be served upon
all parties.
3. The Board of Supervisors may establish reasonable written conditions
upon a waiver or modification or may defer compliance with a specific
requirement to a future date to allow reasonable time to achieve compliance.
4. Decisions of the Board of Supervisors under this section may be appealed
to the Court of Common Pleas. Such appeals shall be filed within 30
days after the decision is served on the parties.