[Adopted 7-5-2005 by Ord. No. 6-05]
B.
By and through Ordinance No. 3-04, adopted June 7, 2004,
Pennsburg Borough permitted the establishment of a Board of Appeals by resolution
in conformance with the requirements of Act 45 of 1999, which contemplated
the possibility of a creation of a Board of Appeals by joint action with other
participating municipalities.
C.
Pennsburg Borough now wishes to participate in an intergovernmental
cooperation agreement with the municipalities of Upper Hanover, East Greenville,
Red Hill, Marlborough, and Green Lane to form a regional board of appeals
to be known as the Upper Montgomery Board of Appeals.
The President and the Secretary of Pennsburg Borough Council are authorized
to enter into an Inter-Governmental Cooperation Agreement establishing a Regional
Board of Appeals to be known as the Upper Montgomery Board of Appeals. A copy
of said Agreement is attached hereto, incorporated herein and marked as Exhibit
A.[1]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
The intergovernmental cooperation agreement providing for the Upper
Montgomery Regional Board of Appeals shall contain the following:
A.
The establishment of a five-member Board, including provisions
for qualification of members, the terms for said members, both initial and
subsequent;
B.
Provisions setting forth the functions of the Board,
its basis for jurisdiction and ability to rule on appeals as set forth in
the Uniform Construction Code; the ability to rule on a request for an extension
of time or variance;
C.
The agreement shall include provisions for the content
of an application or appeal to the Board, the filing fees for such application,
the process for written decisions of the Board and hearings of the Board;
process by which decisions can be made and the written form required;
D.
The organization of the Board, its selection of officers,
including Chairman and Secretary; the obligation to keep minutes and publish
notices of Board meetings, including the amount of compensation for services
of Board members;
E.
A provision permitting the municipalities to terminate
or end their individual participation in the regional appeals board; and
F.
The final form of any agreement or amendments thereto
shall be approved by Pennsburg Borough Council.
The Borough of Pennsburg does hereby establish $500 as a fee imposed
upon those persons who present a petition or appeal to the Upper Montgomery
Board of Appeals should the subject property be located within Pennsburg Borough.
This fee shall be used to defray the costs of public notice of any Board meetings
held to hear or consider the matter raised in appellant's petition, to
compensate the members of the Board and to cover any and all other costs associated
with the proceeding. Within 30 days of the date of the written decision, the
Borough Secretary shall forward to the appellant an itemized statement listing
all draws upon the fee paid at the outset of the appeal. The statement shall
be accompanied by a Borough check in the sum of the unused portion of appellant's
fee, if any. The amount of this fee may be amended from time to time by Pennsburg
Borough Council by and through a resolution altering such fee.
This article shall become effective immediately upon enactment, although
the agreement which is the subject matter of the article shall not become
effective until executed by at least one other municipality in order to effectuate
the purpose of the regional board of appeals.
