[Ord. 2004-01, 5/11/2004, § 1]
The Board of Supervisors of Manheim Township does hereby approve
the Articles of Agreement (hereinafter referred to as the "Agreement"),
for intergovernmental cooperation by Manheim Township with Codorus
Township, Heidelberg Township and Jackson Township creating the Codorus
Valley Council of Governments (hereinafter referred to as the "CVCOG"),
to administer and enforce the Pennsylvania Construction Code Act (Act
of November 10, 1999, P.L. 491, No. 45, 35 P.S. § 7210.101 — § 7210.1103,
as amended) and its regulations and the Uniform Construction Code
(34 Pa. Code, Chapters 401-405, as amended) (hereinafter collectively
referred to as the "UCC"). A copy of the Agreement is attached hereto,
made a part hereof, and marked Exhibit A. By the Agreement, each municipality
surrenders authority to the CVCOG to retain code enforcement officials
and/or enter into agreements with a third-party agency to perform
plan reviews, property inspections, code administration and enforcement
services. Individual municipalities may opt to retain the services
of their own building code official(s) (as defined in the UCC) to
manage, supervise and administer building code enforcement activities
in their respective municipalities. In addition, under the Agreement,
each municipality surrenders authority to the CVCOG to appoint a Board
of Appeals to hear and rule on appeals from decisions of the code
enforcement officials and building code officials. Other municipalities
may become participating members or may purchase services if approved
by the Townships under the Agreement.
[Ord. 2004-01, 5/11/2004, § 2]
The Agreement states the initial term thereof as ending December
31, 2007. However, the term shall automatically renew on a year to
year basis after the initial term unless dissolved as described therein.
Individual municipalities may withdraw from the CVCOG in accordance
with the terms of the Agreement; provided, however, that in recognition
of the time and money invested in the start-up process, no municipality
shall be permitted to withdraw from the Agreement of the CVCOG for
the three full calendar years immediately following the effective
date thereof.
[Ord. 2004-01, 5/11/2004, § 3]
The Board of Supervisors of Manheim Township finds that the
agreement is in the best interest of the residents of Manheim Township.
The Agreement is to be entered into for the purpose of better administering
and enforcing the UCC and creating and operating a Board of Appeals
with superior experience and knowledge. The Board of Supervisors believes
that the CVCOG will reduce the costs of administration and enforcement;
create uniform standards and practices; coordinate administration
and enforcement for properties which are situate in adjoining participating
municipalities; and allow for the engagement and retention of construction
code officials and/or third-party agencies with superior knowledge,
experience and administrative and enforcement abilities. The CVCOG
Board shall have power to administer the CVCOG's financial, personnel
and legal matters; to supervise building inspectors and plan examiners;
to acquire and dispose of property; to enter into contracts and borrow
money; to delegate authority to its employees and agents; to retain
professional services; and to establish by-laws and policies consistent
with the Agreement.
[Ord. 2004-01, 5/11/2004, § 4]
1.
The costs of permit application and review, the inspection of properties
and construction and the administration and enforcement of the CVCOG
shall be paid through the fees for permits to be obtained by applicants.
The costs related to the meetings of the Board of Appeals shall be
paid through the fees charged to building permit applicants and to
appellants before the Board of Appeals. Any costs and expenses incurred
by the CVCOG Board or the Board of Appeals not covered by fees and
charges to applicants and parties appellant shall be apportioned to
the participating municipalities as follows:
A.
With respect to any costs and expenses of the CVCOG Board (including
costs for drafting start-up documents) not covered by fees charged
to applicants for permits, same shall be divided equally among members
of the CVCOG. The CVCOG Board shall notify each municipality of amounts
to be paid annually or as necessary from time to time to cover any
such costs and expenses.
B.
With respect to any costs and expenses of the Board of Appeals not
covered by fees charged to parties appellants (including legal, stenographic
and advertising fees, if any), same shall be paid by the municipality
in which the real property that is the subject of the appeal is located.
The CVCOG Board shall notify the municipality responsible for any
such costs of the amount thereof and the municipality shall make payment
thereof to the CVCOG Board within 30 days of the receipt of such notification.
2.
New participating municipalities will be assessed upon becoming a
party to this Agreement. The CVCOG shall operate on a fiscal year
beginning January 1, and it shall submit its proposed annual budget
to each municipality by October 31 of the year preceding the budget
year.
[Ord. 2004-01, 5/11/2004, § 5]
1.
The CVCOG will be governed by a Board containing four members, one
from each participating municipality, each to serve for two years.
The representatives from Manheim Township and Codorus Township shall
serve initial terms of one year in order to stagger the expiration
of terms. Thereafter, all terms shall be two years in length.
2.
The Board shall hold annual, regular and special meetings as necessary
and appropriate, shall elect officers, adopt by-laws, rules and procedures,
enter into contracts and take actions as called for in the Agreement
and as necessary to properly administer the UCC. Members of the Board
shall serve without compensation.
