[Ord. 92, 8/9/2000, § 1]
There shall be and hereby is created a Board of Administrative
Appeals.
[Ord. 92, 8/9/2000, § 2; as amended by Ord. 122-2006,
12/15/2006]
The Board of Administrative Appeals shall have jurisdiction in all disputes of any nature or description whatsoever arising from the grant or denial of any permit, license or the action of a Township administrative official under any ordinance. No such appeal shall lie under any ordinance not specifically providing for appeals to this Board or providing for appeals to other boards or directly to court. Specifically excluded from this Part 3A are appeals arising under the Zoning Ordinance [Chapter 27] and Subdivision and Land Development Ordinance [Chapter 22] or any other ordinance enacted under the Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 92, 8/9/2000, § 3]
As used herein, the term "administrative officer" shall include
and be construed to mean the administrative official charged with
enforcement of the particular ordinance or code which is made a subject
of appeal to this Board and shall include, but not be limited to,
the building inspector or mobile home park inspector.
[Ord. 92, 8/9/2000, § 4]
The Township, any of its agencies, any other governmental office,
agency or department of the county, state or federal government having
jurisdiction over the land in question, the landowner, the occupant
of the land, any purchaser or optionee under an agreement of sale
or option for having a direct, pecuniary or proprietary interest in
lands immediately adversely affected by any action of the administrative
officer in the administration of applicable ordinances (all hereinafter
referred to as "persons aggrieved") may appeal such action of the
administrative officer to the Board of Administrative Appeals, who
shall hear and determine the same under the Local Agency Law, 2 Pa.C.S.A.
§§ 551 et seq., 751 et seq., of the Commonwealth of
Pennsylvania.
[Ord. 92, 8/9/2000, § 5; as amended by Ord. 122-2006,
12/15/2006]
1.
Membership of Board. The Board of Administrative Appeals shall consist
of three members appointed by the Board of Supervisors, one such member
to be appointed for three years, one for two years and one for one
year, and thereafter each new member to serve for three years or until
his successor has been appointed and qualified.
2.
Qualifications of Board Members. Each member shall have a general
working knowledge and understanding of construction techniques, materials
and design, and his qualifications to serve shall be left to the sole,
absolute and unfettered discretion of the Board of Supervisors of
Honey Brook Township.
[Amended by Ord. No. 192-2018, 11/8/2017]
3.
Absence of Members. During the absence of a member, by reason of
disability or disqualification, the Board of Supervisors shall designate
a qualified substitute.
4.
Chairman of Board. The Board shall select one of its members to serve
as Chairman and one of its members to serve as Secretary to the Board.
The Secretary of the Board shall keep a detailed record of all proceedings
on file in the appropriate Township files.
5.
Exemption of Members. A member of the Board shall not sit on any
question in which he is engaged as contractor or material dealer or
in the preparation of plans or specifications, or in which he has
any personal interest.
[Ord. 92, 8/9/2000, § 6]
The members of the Board of Administrative Appeals shall receive
such compensation as may from time to time be determined by the Board
of Supervisors. In addition, the Board of Administrative Appeals and
members thereof shall be reimbursed for all out-of-pocket expenses
incurred in the performance of their duties.
[Ord. 92, 8/9/2000, § 7]
1.
Notice of Meeting. The Board shall meet upon notice of the Chairman
which shall be given to all members of the Board, all adjacent property
owners, the applicant, the landowner, the Board of Supervisors, the
Township Solicitor, the administrative officer and to all persons
holding or occupying property immediately adjacent to the premises,
the subject of the appeal. The giving of notice to an occupant shall
be deemed notice to the owner and the giving of notice to an owner
shall be deemed notice of the occupancy of any property. In addition,
notice shall be advertised once in a newspaper of general circulation
within the Township and not less than seven nor more than 30 days
prior to the date of the hearing. Where notices have been sent to
any person entitled to receive notices under the terms hereof, the
failure to receive such notice shall not be a basis for the invalidation
of the hearing nor deprive the Board of jurisdiction nor compel readvertising.
2.
Public Hearing. All hearings shall be open to the public and shall be conducted under and pursuant to the procedure designated in the Local Agency Law, 2 Pa.C.S.A. §§ 551 et seq., 751 et seq., of the Commonwealth of Pennsylvania. The majority of the Board shall constitute a quorum, and the majority of the members present and voting may render a decision on any matter before the Board. At the hearing, the appellant shall be entitled to be represented by counsel and those persons enumerated in Subsection 1 as well as any other persons authorized by the Board in its discretion shall be permitted to intervene as parties.
3.
Adjourned Meeting. When the necessary number to constitute a quorum
of the Board are not present, if the testimony has not been concluded
or for any other reason in the discretion of the Board, the Board
may continue the hearing to a future date certain.
[Ord. 92, 8/9/2000, § 8; as amended by Ord. 122-2006,
12/15/2006]
1.
Action of the Board. The Board shall affirm, modify or reverse the
decision of the administrative officer by a majority vote of the members
of the Board hearing the appeal. The failure to obtain a majority
vote shall constitute affirmance of the action of the administrative
officer.
2.
Limitations of Jurisdiction. The Board shall be empowered to render
decisions concerning the propriety of the administrative officer's
actions under ordinances to which jurisdiction is granted to this
Board. Therefore, an alleged refusal to issue a permit or license
based upon an alleged noncompliance with any other ordinance, code,
statute, rule or regulation shall be limited to whether or not the
certificate of compliance was attached to the application, and the
Board of Administrative Appeals shall not have jurisdiction or power
to inquire into the propriety of the grant or refusal of such certification,
it being the intent that this section shall not impair exclusive jurisdiction
of the Board of Supervisors, the Zoning Hearing Board, the Chester
County Department of Health, the Department of Environmental Protection
or any other reviewing agency within the jurisdiction set forth in
their respective enabling legislation.
3.
Rendering of Opinion. The Board shall render a written opinion within
45 days of the close of the hearings and shall make findings of fact
relevant to said application and apply the applicable law to said
findings of fact in the rendering of its decision. Copies of the opinion
and decision shall be mailed by first class mail to each party before
the Board and to the Board of Supervisors; provided, however, failure
to render a decision within the forty-five-day period herein stated
shall not constitute an affirmance or denial, but any party shall
have the right to seek an order in mandamus from the Court of Common
Pleas directing the filing of such opinion if the Board of Administrative
Appeals fails to render such an opinion within 45 days.
4.
Enforcement of Decision. The administrative officer shall take immediate
action in accordance with the decision of the Board.
[Ord. 92, 8/9/2000, § 9]
The Township, whether or not a party before the Board of Administrative
Appeals, and any party other than a discretionary party before the
Board who is aggrieved by the decision of the Board of Administrative
Appeals may appeal to the Court of Common Pleas of Chester County
within 30 days from the date of the rendering of the decision of the
Board, and the Court of Common Pleas shall review the record on certiorari
to determine whether or not the Board of Administrative Appeals abused
its discretion or committed an error at law.
