[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 11-21-2005 by Ord. No. 535-2005. Amendments noted where applicable.]
Uniform construction codes — See Ch. 78.
The Borough Council of the Borough of Lehighton is authorized to enter into and become a part of an existing "Intermunicipal Agreement establishing a Joint Board of Appeals pursuant to the Uniform Construction Code" (hereinafter referred to as the "existing agreement"), a copy of which is attached hereto and made a part hereof. by and among various municipalities located in Carbon County, Pennsylvania, specifically including Franklin Township, Penn Forest Township, Towamensing Township, East Penn Township and Mahoning Township. By becoming a party to the existing agreement, it is the intent of the Borough of Lehighton to become a member of the Joint Board of Appeals.
Editor's Note: A copy of said agreement is on file in the Borough's office.
The initial term of the existing agreement is five years from the date of execution of the existing agreement, which was September 2, 2004. According to the existing agreement, it shall continue in full force and be automatically renewed from year to year thereafter, unless terminated by the parties in accordance with the provisions thereof.
The purpose of the existing agreement is to establish a Joint Board of Appeals pursuant to the Uniform Construction Code by and among various municipalities located in Carbon County, Pennsylvania.
As delineated in the existing agreement, the responsibilities of the participating municipalities, which shall now include the Borough of Lehighton, are:
Drafting and enacting an ordinance that ratifies the municipalities' participation in the Joint Board of Appeals and entering into the agreement in accordance with the requirements of the Intergovernmental Cooperation Act.
Adopting or amending the municipalities' existing fee resolution to provide for substantially equivalent fees to be imposed for appeals to the Joint Board of Appeals.
Eliminating any board of appeals which the municipality may have established.
Making their municipal buildings available for hearing appeals which derive or originate from the administration and enforcement of the Uniform Construction Code in their municipality and having a solicitor available to advise the Joint Board of Appeals at the hearing.
The responsibilities of the Joint Board of Appeals are:
Accept properly completed applications for appeal (accompanied by the appropriate filing fee) based on a claim that the true intent of the Uniform Construction Code has been incorrectly interpreted, the provisions of the Uniform Commercial Code do not fully apply or an equivalent form of construction is to be used.
Hear and rule on appeals, requests for variances and requests for extensions of time.
Hearings shall be held in accordance with the Local Agency Law.
Each municipality, including the Borough of Lehighton, shall be responsible for all of the cost and expenses associated with appeals which derive or originate from the administration and enforcement of the Uniform Construction Code in that municipality.
Establishment of Joint Board of Appeals. As delineated in the existing agreement, the Joint Board of Appeals shall consist of at least five individuals who shall be qualified by training and experience to pass on matters pertaining to building construction. The Joint Board of Appeals shall consist of more than five individuals if there are more than five municipalities who are members. That is, each municipality shall be permitted to appoint at least one member of the Board of Appeals. 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. There shall also be two alternate members who shall be called by the Chairman of the Board of Appeals to hear appeals during the absence or disqualification of a member. Designation of an alternate by the Chairman of the Board of Appeals pursuant to this section shall be made on a rotating basis [subject to availability of the alternate(s)].
Term of appointment to Joint Board of Appeals. As delineated in the existing agreement, the term of the first five members shall be as follows: one for five years, one for four years, one for three years, one for two years, and one for one year. Thereafter, each new member shall serve for five years or until a successor has been appointed. Alternate members shall also be appointed for five years or until a successor has been appointed. If there are more than five members appointed to the Board as near as possible an equal number of members shall be appointed so that their term shall expire evenly.
Appointment of members to Joint Board of Appeals. As delineated in the existing agreement, the members of the Joint Board of Appeals, and the alternates, shall be appointed by the municipalities on a rotating basis in alphabetical order until all of the positions are filled. Successors shall be appointed by the municipality who appointed the person being succeeded (i.e., the person being replaced). The person appointed by each municipality shall be a resident of one of the municipalities.
As delineated in the existing agreement, it is not anticipated that the Joint Board of Appeals will have any employees. Therefore, the Joint Board of Appeals is not empowered to enter into contracts for policies of group insurance and employee benefits, including social security, for employees.
This chapter shall be effective immediately upon its adoption.