[Adopted 5-4-2009 by Ord. No. 1624[1]]
The Borough of Green Tree hereby creates a Board of Appeals
consisting of five regular members.
A.
The Council of the Borough of Green Tree ("Council") shall by majority
vote appoint five regular members to serve on the Board.
B.
The Board members shall be residents of the Borough.
E.
Following appointment of each member of the initial Board, each new
member or reappointed member shall thereafter serve for a term of
three years.
F.
The Code Official shall be an ex officio member of the Board but
shall have no vote on any matter before the Board.
G.
Appointments to fill any vacancies on the Board shall be made by
Council for the remainder of the vacant member's unexpired term.
H.
Members may be reappointed by Council for an unlimited number of
terms.
I.
All members shall serve at the pleasure of Council, and may be removed
at any time, with or without cause, by a majority vote of Council.
J.
Members of the Board of Appeals shall possess the following general
qualifications:
(1)
Such training and experience to enable the member to understand and
evaluate matters relating to building construction;
(2)
Licensure as an architect or engineer; or
(3)
Training or experience as a construction inspector, building plan
reviewer, or qualified code enforcement officer or qualified construction
code inspector.
K.
A member of the Board shall neither vote nor participate in any hearing
in which such member has any personal, professional or financial interest.
A.
The Board shall hear all appeals, requests for variances and requests
for extension of time under the Pennsylvania Construction Code Act,
35 P.S. § 7210.101 et seq.
B.
The Board shall meet as is necessary and shall conduct its meetings
and give notice thereof as may be required under Pennsylvania's
Sunshine Act, 65 Pa.C.S.A. § 701 et seq.
D.
In the case of an appeal involving the construction of a one- or
two-family residential building, the initial hearing before the Board
shall be convened within 30 days of the appeal being filed and shall
render its decision within five business days of the last hearing.
E.
All Board hearings shall be recorded either by a court reporter of
by a tape recording, such that a complete and accurate transcript
of the hearing can be made. With the consent of all parties, the appeal,
request for a variance, or request for an extension of time may be
determined based on the written documents, brief and argument submitted.
F.
The Board shall consider only the following factors when deciding
an appeal under § 501(c)(2) of the Act:[2]
(1)
Whether the true intent of the Act or Uniform Construction Code was
incorrectly interpreted.
(2)
Whether the provisions of the act or code do not fully apply.
(3)
Whether an equivalent or better form of construction is to be used.
[2]
Editor's Note: See 35 P.S. § 7210.501(c)(2).
G.
The Board shall have no authority to waive the requirements of the
Uniform Construction Code.
I.
Attendance of three members of the Board shall constitute a quorum
for all purposes. However, either the appellant or appellant's
representative can agree to have the Board hearing heard by less than
three members of the Board.
J.
The fee for an appeal to the Board of Appeals shall be paid in advance
at the time the appeal is filed and shall be set from time to time
by resolution of Council. Such fee shall be sufficient to cover the
actual cost of the public notice of hearing, the attendance fee for
the court reporter, the original transcript hearing fee, and administrative
fees as necessary.[4]
K.
There shall be no ex parte communications between any member of the
Board and parties to the appeal.
L.
The Board may consider the following factors when ruling upon a request
for an extension of time or the request for a variance:
(1)
The reasonableness of the Uniform Construction Code's application
in a particular case.
(2)
The extent to which the granting of a variance or an extension of
time will pose a violation of the Uniform Construction Code or an
unsafe condition.
(3)
The availability of professional or technical personnel needed to
come into compliance.
(4)
The availability of materials and equipment needed to come into compliance.
(5)
The efforts being made to come into compliance as quickly as possible.
(6)
Compensatory features that will provide an equivalent degree of protection
to the Uniform Construction Code.
M.
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 Building Code Official of the date, time and place of the
hearing.
O.
The Board of Appeals shall provide a written notice of its decision
to the owner or the owner's agent and to the Building Code Official.
A.
An owner or owner's agent may seek a variance or extension of
time or appeal a Building Code Official's decision by filing
a petition with the Building Code Official or other person designated
by the Board of Appeals on a form provided by the Borough.
B.
All appeals must be filed on or before the 30th day following the
issuance of the Building Code Official's decision from which
the appeal is taken.
C.
The postmark date or the date of personal service of the petition
on the Building Code Official will establish the filing date of the
appeal, the request for variance or extension of time. Service of
the petition may also be made on the Borough Manager at 10 West Manilla
Avenue, Pittsburgh, PA 15220.
D.
An appeal or request for variance or extension of time to the Board
of Appeals will automatically suspend an action to enforce an order
to correct until the matter is resolved. An action under Section 403.84
of the Uniform Construction Code (relating to an unsafe building,
structure or equipment) may not be stayed.
E.
In lieu of presenting testimony, upon the written consent of all
parties, the Board of Appeals may decide the appeal, variance request
or request for extension of time by reviewing the documents and written
brief or argument submitted.
F.
Unless otherwise required herein, the Board of Appeals shall hold
a hearing within 60 days from the date of the applicant's request,
unless the applicant has agreed in writing to an extension of time.
A.
The Board shall elect one of its members to serve as Chairperson.
The Chairperson shall have the power to administer oaths and to issue
subpoenas to compel the attendance of witnesses and the production
of documents.
B.
The Board shall annually file a report to Council, on or before February
15 of each year, reporting on its activities for the previous calendar
year.
C.
The Board may, as necessary, secure the services of legal, architectural,
engineering, or other professional consultants as may be necessary
for its deliberations and decision, subject to the prior approval
of Council. In the event the Solicitor for the Borough participates
on behalf of the Borough in the matter then before the Board, the
Solicitor may not then advise the Board.
D.
At any hearing before the Board, the formal rules of evidence shall
not apply. However, irrelevant or duplicative testimony and evidence
may be excluded.
E.
All decisions of the Board shall be in writing and shall be mailed
to the appellant, the property owner, the Building Code Official and
to any other person or entity that has participated as a party in
the appeal other than as a witness. The decision shall be dated as
of the date of mailing.
F.
The decision of the Board shall contain findings of fact, conclusions
of law, and reasons for its decision, or shall otherwise constitute
a "reasoned decision" on the issues then before it.
G.
Except as otherwise required herein, the Board's decision shall
be rendered within 30 days of the final hearing, unless the applicant
consents in writing to a longer period of time.
H.
In all appeals before the Board of Appeals, the appellant (applicant)
shall bear the burden of proof in proceeding with the appeal.
Council may, with or without the recommendation of the members
of the Board of Appeals, amend this article by a majority vote. However,
no amendment shall be effective as to any appeal then pending before
the Board. An appeal shall be deemed pending before the Board only
upon the Borough's or Building Code Official's actual receipt
of a petition for appeal.
