The title and background of this article set forth above are
incorporated herein by reference.
Chapter
150 (Construction Codes, Uniform), Article III (Uniform Construction Code Board of Appeals), §§
150-6 through 150-14, are hereby repealed effective at 12:01 a.m. on January 1, 2015. As of January 1, 2015, any appeal under the Act shall fall under the jurisdiction of the Berks County UCC Board of Appeals.
The Board of Supervisors hereby approves entering into an agreement
for membership in the Berks County UCC Board of Appeals, with the
intent and effect that the Township shall be bound by the agreement,
and all appeals under the UCC filed on or after January 1, 2015, shall
be heard by the Berks County UCC Board of Appeals.
The Chairman of the Board of Supervisors is hereby authorized
and directed on behalf of the Township: i) to execute and deliver
the agreement; and ii) to execute and deliver such additional instruments
as may be necessary or appropriate to carry forth the agreement and
the transactions to be effected under the agreement.
The Board of Supervisors is hereby authorized to take such other
action as may be necessary or appropriate to carry out the purposes
of this article and of the agreement.
As required by the Pennsylvania Intergovernmental Cooperation
Act, the following matters are specifically found and determined:
A. The conditions of the agreement are set forth in the agreement.
B. The Townships shall utilize the Berks County UCC Board of Appeals
for all appeals filed from application of the Township's UCC
ordinance for the term as set forth in the agreement.
C. The purpose and objectives of the agreement are as set forth in the
background of this article and in the agreement.
D. The manner and extent of financing the agreement are that: i) no
borrowing will be required by the Township; ii) funds to implement
the Township's obligations under the agreement shall come from
normal and usual budgeted amounts for such matters; and iii) other
provisions governing the manner and extent of the financing of the
Berks County UCC Board of Appeals shall be as set forth in the agreement.
E. The Berks County UCC Board of Appeals shall be administered as provided
in the agreement.
F. All property, real or personal, of the Berks County UCC Board of
Appeals shall be acquired, managed, licensed or disposed of by the
Berks County UCC Board of Appeals in accordance with the terms of
the agreement and the rules and procedures as may be adopted by the
Berks County UCC Board of Appeals.
G. The Berks County UCC Board of Appeals will not be entering into any
contracts as a result of this Agreement.
All ordinances and resolutions and clauses of ordinances and
resolutions in conflict with this article are hereby repealed.
The provisions of this article are severable, and if any section,
sentence, clause, or part or provision hereof shall be held to be
illegal, invalid or unconstitutional by any court of competent jurisdiction,
such decision of the court shall not affect the remaining sections,
clauses, parts or provisions of this article. It is hereby declared
to be the intent of the Township that such Ordinance would have been
enacted if such illegal, invalid or unconstitutional section, sentence,
clause, part or provision had not been included herein.
Nothing contained in this article shall be construed to affect
any suit or proceeding in any court, or any rights acquired or liability
incurred, or any cause of action existing prior to the enactment of
this article.