The members of the Board of Building Appeals shall serve without
compensation but may be reimbursed by Council for necessary and reasonable
expenses incurred in the performance of their duties.
[Amended 9-22-1986 by Ord. No. 86-4]
A. No schedule of regular meetings is prescribed herein for the Board
of Building Appeals.
B. Scheduling of meetings.
(1) The Board of Building Appeals may schedule such regular meetings
and may hold such special meetings as it may determine are necessary
or appropriate for the purposes of conducting hearings on cases before
it, taking formal and final action on such cases before it as may
be ready for the entry of decisions, and resuming hearings in those
cases before it where previously scheduled hearings were continued,
postponed, rescheduled or otherwise adjourned for resumption at a
later date.
(2) After taking into consideration the time limitations and procedural requirements prescribed by §§
10-11 and
10-14 or other applicable law, the Board of Building Appeals may schedule, reschedule, postpone, continue or adjourn hearings on cases before it for or to such dates and times as it may determine are reasonably necessary or appropriate in order to accommodate the parties to the case, their counsel, the public, the hearing stenographer, or others or in order to satisfy any time limitations or procedural requirements prescribed by §
10-11 or
10-14 or other applicable law.
C. Pursuant to the provisions of the Pennsylvania Sunshine Act, all regular and special meetings of the Board of Building
Appeals and all hearings conducted by the Board of Building Appeals
shall be open to the public.
The Board of Building Appeals may make such rules to govern
its meetings, hearings or hearing procedures and may require the use
of such forms in connection with its proceedings or procedures as
are permitted by and consistent with the Pennsylvania Local Agency
Law, this chapter and other applicable laws.
Because any meeting of the Board of Building Appeals to take
formal and final action on a case (whether the meeting is held immediately
following the hearing on the case or at a later date) is subject to
the requirements of the Pennsylvania Sunshine Act, the Administrative Secretary to the Board of Building Appeals shall give public notice of the date, time and place of the meeting at which the Board plans to take formal and final action on the case and shall include in that notice: a) the name of the petitioner; b) the case number of the case; c) a general statement of the nature of the case; and d) a general statement of the purpose of the meeting. The notice of the meeting of the Board of Building Appeals to take formal and final action on the case may be given as part of the public notice required to be given under §
10-12A or
B. However, if the notice of the meeting of the Board to take action on the case is not given as part of the public notice under §
10-11 or as part of a public notice under §
10-12A or
B, then not less than two days prior to the date of the meeting to take action on the case a counterpart of the notice of the meeting to take action on the case shall be published in the newspaper one time; a counterpart posted in the place described in §
10-11C(2); and a counterpart mailed by ordinary mail or delivered by hand to each of the persons referred to in §
10-11C(3) and
(4).
The Board of Building Appeals shall conduct hearings and render
a decision on a case before it in accordance with the requirements
of the Pennsylvania Local Agency Law and the additional requirements, and with the powers,
next set forth.
A. Unless the parties to the hearing agree to a lesser number of members
of the Board, the presence of three members of the Board shall constitute
a quorum for convening and conducting a hearing and the affirmative
or concurring votes of a majority of those members of the Board who
were present at the hearing shall be the decision of the Board at
the meeting at which formal and final action on the case is taken.
Members of the Board who were not present at the hearing shall not
vote on the decision. A tie vote shall be deemed to affirm the requirement,
notice, order or decision which is the subject of the case.
B. The Board shall have the power to administer oaths and, issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and other evidence.
C. Decisions.
(1) In rendering a decision, the Board shall have the power to:
(a)
Affirm, modify or reverse, in whole or in part, the requirement,
notice, order or decision which is the subject of the case or make
such other decision as in its opinion ought to be made after balancing
the interests of the parties, the public, and others who might be
affected by the decision; and/or
(b)
Grant a variance from the provision, standard or regulation
which is at issue in the case, provided that:
[1]
The case is one where, because of special or unique circumstances
or conditions, the literal enforcement of the provision, standard
or regulation would result in unnecessary hardship but with the grant
of the variance the spirit of the provision, standard or regulation
can be observed and substantial justice done;
[2]
The grant of the variance will not be contrary to the public
interest and will not result in harm to those who might be affected
by the variance; and
[3]
The grant of the variance represents the minimum variance necessary
to afford relief.
(2) The Board may attach such reasonable safeguards and conditions under Subsection
C(1)(a) or
(b) as it may deem necessary or appropriate to implement or protect its decision.
D. The Board shall render a written decision on the case within 30 days
after the date of the last hearing on the case. The decision shall
include findings of fact, conclusions, and the reasons for the conclusions
and the decision. A copy of the decision shall be mailed by ordinary
mail or delivered by hand to the parties to the hearing, the Borough
Secretary, and such other persons as the Board or the Administrative
Secretary to the Board may deem appropriate.
The Board of Building Appeals shall keep complete and full records
of its activities, hearings, actions and decisions, and these records
shall be public records within the meaning and scope of the Pennsylvania
Open Records Act.