[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-27-2015 by Ord. No. 2015-05]
The Chairman of the Board of Supervisors is hereby authorized to enter into the agreement in accordance with the terms and conditions authorized by this article and set forth in the agreement, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference. Furthermore, the appropriate officers of the Township are hereby authorized to do whatever is necessary and appropriate to carry out the provisions of the agreement and this article, and to comply with the purposes and intent of the agreement and this article.
The agreement is conditioned upon each member's governing body enacting an ordinance which authorizes such member to participate in the Board of Appeals and to execute the agreement.
The Board of Appeals shall be created for and the agreement shall have an initial term of five years, which term shall commence on the effective date of the agreement (as defined in paragraph 17 of the agreement). At the expiration of the initial five-year term, the agreement and the Board of Appeals shall automatically renew for successive one-year terms unless a majority of the members, acting through their directors, vote to terminate the agreement.
The purposes and objectives of the Board of Appeals include, but are not limited to, the following:
To establish a body for the joint administration and enforcement of the Pennsylvania Construction Code Act, 35 P.S. §§ 7210.101 through 7210.1103.
To hear requests for variances or extensions of time and appeals from Code administrator decisions under the Pennsylvania Construction Code Act, 35 P.S. §§ 7210.101 through 7210.1103.
To schedule meetings and provide public notice of meetings in accordance with the Sunshine Act, 65 Pa.C.S.A. §§ 701 through 716.
To perform such other activities as the members may mutually agree may be undertaken through the Board of Appeals which are related to the objectives identified above.
The Board of Appeals shall be governed by a Board of Directors which shall consist of a representative and an alternate representative from each member. The representatives and alternate representatives shall be appointed by the governing body of each member to serve in such capacity for a two-year term. The representative and alternate representative need not be an elected official of the member.
Within 60 days after the effective date of the agreement, the Board of Directors shall conduct an organizational meeting. At the organizational meeting, the Board shall elect the officers of President, Vice President, and Secretary/Treasurer and adopt bylaws, or authorize the prompt preparation of bylaws for future adoption, which shall govern the day-to-day affairs of the Board of Appeals.
Each member shall be entitled to one vote in the Board of Appeals which vote shall be cast by the director in attendance at the Board of Directors' meetings.
At the organizational meeting of the Board of Directors, the Board shall adopt an annual budget, or authorize the prompt creation of an annual budget for the Board of Appeals. Thereafter, the Board of Directors shall present the proposed annual budget to the members, and the governing body of each member shall vote to approve or reject the budget prior to the end of the calendar year. In the event that the proposed annual budget is not approved by the majority of the members' governing bodies, the Board of Directors shall revise said budget in accordance with the reasons provided by the governing bodies in support of the rejection. Following the initial year of the agreement, the process for preparing, presenting and adopting an annual budget shall be completed by the Board of Directors and the members' governing bodies before the end of each calendar year. Until the new budget is approved by the majority of the members governing bodies, the prior years' budget shall remain in effect.
Within 60 days following the effective date of the agreement, each member shall be responsible to make an initial contribution to the Board of Appeals of $500, which contribution shall be deposited into an account established for the Board of Appeals by its solicitor. Thereafter, each member shall contribute an equal share to the expenses of the Board of Appeals, as determined by the annual budget. Each member shall contribute its proportional share of the Board of Appeals' operational expenses in quarterly intervals or as otherwise determined by the Board. A member which does not promptly pay its annual contribution may have its membership in the Board of Appeals terminated by a majority vote of the Board of Directors. In the event of such termination, the terminated member's delegate and alternate delegate shall be precluded from voting on any matter or issue voted upon by the Board of Directors.
In the event that the Board of Appeals undertakes a specific program or activity that does not involve all of the members, only the members which participate in such program or activity shall be liable for the expenses related to such program or activity.
The Board of Appeals is not authorized by the agreement to purchase real property.
If the Board of Appeals purchases personal property, it shall take title to such personal property in the name of Board of Appeals, unless otherwise agreed to by the Board of Directors. Upon termination of the agreement, any personal property owned by the Board of Appeals shall be distributed to the members, or sold and the proceeds distributed to the members, as determined by the Board of Directors. All other matters pertaining to the acquisition, management, licensing or disposal of personal property by the Board of Appeals shall be decided by a majority vote of the Board of Directors.
The Board of Appeals is empowered to enter into contracts for policies of group insurance and employee benefits including social security for any employees of the Board of Appeals. No such employees are anticipated by the members, and a majority of the Board of Directors must first vote to hire any such employees and approve any such contracts.