125.1.
Purpose of Boards and Authorities.
The boards and authorities specified in this Administrative Code are
created by the Commission for the purpose of providing advice, guidance,
supervision for specialized programs of a continuing nature and serving
as a board of appeals where specified to do so. Before the creation
of any authority or board not in existence at the time this Administrative
Code is enacted, the Commission first shall ascertain the feasibility
of carrying out such special purpose by an existing department, board,
or authority.
125.2.
Advisory Nature of Boards. Except where a board is otherwise
designated under the Charter, this Administrative Code, or other applicable
Law, boards shall have the authority and responsibility to make findings
of fact, express opinions, and make recommendations to the Commission
within the areas of responsibility assigned to such boards. Such findings
of fact, opinions or recommendations shall be in writing.
125.3.
Appointments and Removal of Members of Boards and Authorities.
The appointment and removal of members of boards and authorities shall
be the responsibility of the Commission. Whenever feasible, the Commission
shall publicize vacancies on boards and authorities and solicit indications
of interest from residents desiring to serve. Members of any board
or authority shall be residents of the Municipality. Except as otherwise
provided by applicable Law, a member of a board may be removed by
the Commission at any time with or without cause. Members of authorities
may be removed in accordance with the provisions of applicable law.
125.4.
Terms of Membership. The term of membership on a board or authority
shall be in accordance with this Administrative Code or other applicable
Law. If a vacancy occurs on a board or authority during a term of
membership, the Commission may fill the vacancy for the remainder
of the unexpired term. The terms for all board members shall expire
on a March 31st. The terms of authority members shall be as provided
by the authority’s respective Articles of Incorporation. Members
shall continue to serve until their successors are appointed. Members
of boards and authorities shall not serve more than two consecutive
terms of office on a board or authority unless specifically approved
by the Commission.
125.5.
Organizations of Boards. Each board, at its first meeting following
March 31st of each year, shall elect one of its members to serve as
chairman for the ensuing year and such other officers as a board may
deem appropriate.
125.6.
Rules of Procedure. Each board and authority shall establish
certain written rules and procedures for operation. Copies of any
such rules and procedures shall be placed on file in the Office of
the Manager and provided to the Commission and, upon request, to any
member of the general public.
125.7.
Expenditure of Municipal Funds. Except as otherwise provided
by the Charter, this Administrative Code or other applicable Law,
no board or authority shall either expend Municipal funds or incur
obligations respecting such funds without specific prior appropriation
by the Commission. The Manager shall assign employees of the Municipality
to serve as liaison to boards or authorities and shall provide staff
services to such agencies.
The Commission may, when it deems appropriate, appoint an ad
hoc board to advise the Commission on a specific matter. Such boards
shall be created for a definite term not to exceed one year. Members
of an ad hoc board shall be appointed for the life of the board and
such board and its membership shall be subject to the provisions of
this section on Boards and Authorities except as stated in this section.
At the completion of its term, the board shall dissolve and the terms
of its members expire unless the board is recreated and its members
reappointed for a definite period not to exceed one year. Members
of ad hoc boards need not be residents of the Municipality.
Whenever a section of any chapter of the Mt. Lebanon Code permits a right of appeal to the Commission, any board or other reviewing body pursuant to the procedures set forth in this §1-127, the exclusive procedure for perfecting said appeal shall be as follows:
127.1.
Within 30 days from the date of the
decision or other action from which the appeal is taken, the appellant
shall file a Notice of Appeal with the Office of the Manager. The
Notice of Appeal shall be in writing, shall state the current mailing
address of appellant, shall briefly describe the action from which
the appeal is taken and shall briefly set forth the grounds upon which
the aforesaid action is being challenged.
127.2.
Upon receipt of the Notice of Appeal, the Manager shall transmit
the Notice of Appeal to the appropriate reviewing body, as set forth
in the Mt. Lebanon Code section authorizing the appeal. The reviewing
body shall schedule a time and place for a public hearing on the appeal,
to be held no later than 45 days after the date on which the Notice
of Appeal was filed with the Manager. At least several days prior
to the scheduled hearing, the reviewing body shall notify the appellant
of the time and place of the hearing by sending a Notice of Hearing
by certified mail, postage prepaid, to appellant to the address set
forth in the Notice of Appeal.
127.3.
At the time of the public hearing, Appellant may appear in his
own behalf or be represented by counsel or agent. Appellant shall
have the opportunity to present evidence and argument and cross-examine
adverse witnesses on all relevant issues. Formal rules of evidence
shall not apply, but irrelevant, immaterial or unduly repetitious
evidence may be excluded.
127.4.
The reviewing body shall render a decision upon the appeal within
45 days from the date of the public hearing and within the same time
period shall send a Notice of Decision by certified mail, postage
prepaid, to Appellant at the address set forth in the Notice of Appeal.
128.1.
Purpose. The purpose of the Civil
Service Board shall be to hear appeals of disciplinary action and
dismissals of all sworn police and fire employees, except for the
highest-ranking officer in each respective department, and to hear
appeals by applicants for appointments and promotion to such positions.
128.2.
Membership and Term. The Civil Service Board shall consist of three members each appointed for a six-year term. The term of no more than one member shall expire in any year. The Commission may appoint no more than three alternate members to serve on the Board. The term of office of the alternate members shall be six years. When seated pursuant to §128.4, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and alternates shall have all the applicable powers and duties set forth in this Administrative Code. Alternates shall hold no other office in the Municipality. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board unless designated as a voting alternate pursuant to §128.4.
128.3.
Duties and Functions. The Civil Service Board shall be responsible for hearing appeals from police and fire employees covered by Civil Service rules and regulations. The subject of such appeals shall be limited to disciplinary actions or dismissals and to appeals by applicants for appointment to sworn police and fire positions. The decision of the Board upon any such appeal shall be binding upon the Municipality. In connection with all appeals before the Board, the Board shall be empowered to subpoena and swear witnesses and all testimony shall be taken under oath or affirmation. Either an electronic or stenographic verbatim record of all appeal proceedings shall be maintained by the Board. All proceedings of the Board shall be pursuant to, and in accordance with, the Personnel Regulations of the Municipality (Part 3 of this Chapter), the Charter, this Administrative Code, and the applicable Law.
128.4.
Quorum. Three members of the Board shall constitute a quorum. If, by reason of absence or disqualification of a member,
a quorum is not reached, the chair shall designate as many alternate
members of the Board to sit on the Board as may be needed to provide
a quorum. Any alternate member of the Board shall continue to serve
on the Board in all proceedings involving the matter or case for which
the alternate was initially designated until the Board has made a
final determination of the matter or case. Designation of an alternate
pursuant to this section shall be made on a case-by-case basis in
rotation according to declining seniority among all alternates. No
action of the Board shall be valid unless it shall have the concurrence
of at least two members.
129.1.
Purpose. The purpose of the Board
of Appeals is to review codes in force affecting construction in the
Municipality; to review the Municipality’s present and projected
policies and procedures for enforcement of those codes; to advise
the Commission in connection therewith; and to hear and rule on appeals,
requests for variances and requests for extensions of time under the
Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. §§7210.101
- 7210.1103, as amended from time-to-time, and its regulations and
the Uniform Construction Code, contained in 34 Pa. Code, Chapters,
401 - 405, as amended from time-to-time, and as enacted by the Municipality.
129.2.
Membership and Term. The Board of Appeals shall consist of five
members, each appointed for a five-year term. The initial terms of
the members of the Board shall be as follows: (i) one member of the
Board shall be for one year, (ii) one member of the Board shall be
for two years, (iii) one member of the Board for three years, (iv)
one member of the Board for four years, and (v) one member of the
Board for five years. Each member of the Board of Appeals shall be
qualified by training and experience to pass on matters pertaining
to building construction. Training and experience may consist of licensure
as an architect or engineer, experience in the construction industry,
and training or experience as an inspector or plan reviewer.
129.3.
Duties and Functions. The Board of Appeals shall hear and rule on appeals, requests for variances and requests for extensions of time under the Code. The Board of Appeals shall also review annually all building, fire prevention, minimum property standards or other codes designated by the Commission for the Board’s review which may now or hereafter exist within the Municipality and all present, projected and proposed policies and procedures for the enforcement of such codes; shall bring to the attention of the Commission problems and enforcement of such codes; shall bring to the attention of the Commission problems and developments in this area as they feel should be considered, together with their advice and recommendations with respect thereto; and shall serve as the Board of Appeals provided in §129.1.
130.1.
Purpose. The purpose of the Community
Relations Board is to encourage compliance with all Laws, federal
and state, respecting the rights of citizens; to educate the citizenry
with respect thereto; to function in a conciliatory manner regarding
problems which may arise regarding citizen rights; to establish a
position of community leadership with respect to all matters of community
relations among citizens; to recommend diversity, equity, and inclusion
initiatives; and to advise the Commission in connection therewith.
130.2.
Membership and Term. The Community Relations Board shall consist
of not fewer than five, nor more than 11, members, each appointed
for a three-year term. Five members shall be appointed by ward and
six members shall be appointed at large. The terms shall be specified
by the Commission at the time of appointment and the terms of not
more than four members shall expire during any year.
130.3.
Duties and Functions. The Community Relations Board shall inform
itself concerning all programs and functions which may now or hereafter
exist within the Municipality coming within the aforementioned purpose;
shall make such studies and investigations as appear helpful; shall
investigate complaints and hold hearings as deemed appropriate; shall
attempt to conciliate any problems which may develop in the area of
citizens’ rights either by invitation or when the Board believes
it should be active without invitation; and shall bring to the attention
of the Commission such problems and developments in this area as it
feels should be considered by the Commission, together with its advice
and recommendations with respect thereto. The Board shall endeavor
to inform the community with respect to the rights of all citizens
by conducting educational programs and distributing informative material.
The Board shall file a report in writing with the Commission annually.
130.4.
Councils. To determine needs in special areas and to recommend
to the Commission suitable approaches to meeting these needs, the
Community Relations Board may work through broad-based citizen councils.
Such councils shall be created with the approval of the Commission
and members shall be appointed by the chairman of the Community Relations
Board with the approval of the Commission. Nothing in this subsection
shall limit the Community Relations Board’s ability to work
on a less formal basis with resident volunteers, as needed, to accomplish
the board’s goals.
131.1.
Purpose. The purpose of this board
is to encourage community wide economic and community development
by developing and maintaining a program for business assistance, establishing
positive working relationships with the local business community,
acting as a business advocate, using financial and other incentives
to attract new business and encourage reinvestment, undertaking strategic
planning of key commercial corridors, providing recommendations to
the Commission on administrative policies and procedures, funding
considerations, and regulatory changes relative to development, maintaining
an information and database of key socio-economic factors influencing
the local economy, providing development guidance and overseeing major
new developments, undertaking studies necessary to define needs and
opportunities, identifying infrastructure needs necessary to promote
growth, and marketing, advertising and promoting Mt. Lebanon as a
business location.
131.2.
Membership and Term. The Economic Development Council shall
consist of not less than five, nor more than seven, members each appointed
for a four-year term. The terms of no more than three voting members
shall expire during any year. A member of the Commission shall serve
as an ex-officio member. A member of the Commission shall serve as
the Liaison to the Economic Development Council. The President/Chair
of the Mt. Lebanon School Board, Mt. Lebanon Partnership, Uptown Business
Association, Beverly Road Business Association, South Hills Chamber
of Commerce, Planning Board, Historic Preservation Board and up to
three at large members to be selected by the Commission shall join
the Economic Development council as non-voting members who share the
same term as voting members. The President/Chair of the above mentioned
organizations shall have the option of providing a delegate/ representative
from their respective organizations in lieu of the President/Chair.
132.1.
Purpose. The purpose of the Environmental
Sustainability Board is to advise the Commission on matters relating
to environmental sustainability and energy efficiency, including those
programs, goods and services which are environmentally proactive.
132.2.
Membership and Term. The Environmental Sustainability Board
shall consist of seven members each appointed for a three-year term.
The initial terms of board members shall be one , two and three years.
No more than three members’ terms shall expire in any one year.
Effective October 1, 2014, all members shall be appointed by the Municipality.
132.3.
Duties and Functions. The duties and functions of the board
are to explore programs and practices that promote environmental awareness;
recommend implementation strategies for energy efficiency (conservation)
and environmentally improved practices for municipal and school departments,
facilities, and programs; monitor municipal and school environmental
efforts; and promote environmental and energy awareness in the community.
133.1.
Establishment. There is hereby established
the Equal Opportunity Board of Mt. Lebanon. It shall be composed of
five members, who shall be residents of Mt. Lebanon and shall be appointed
by the Mt. Lebanon Commission. Members shall serve without compensation,
except for payment of expenses. In the event the requirements of the
position and/or availability of volunteers cannot be found within
Mt. Lebanon then the members need not be residents of Mt. Lebanon
but must be either a Mt. Lebanon taxpayer, maintain a business, be
employed, or go to school in Mt. Lebanon.
Members shall be 18 years or older. The Mt. Lebanon Commission
shall initially appoint a member to serve a one-year term, a two-year
term, a three-year term, a four-year term, and a five-year term. Thereafter
all terms shall be five-year terms. The Mt. Lebanon Commission may
remove members at any time for any reason.
133.2.
Powers and Duties. The Board is hereby vested with the authority
to administer and enforce this Ordinance and to carry out the following
powers and duties:
133.2.1.
To meet and function at any place within Mt. Lebanon;
133.2.2.
To adopt, promulgate, amend and rescind rules and regulations to
affect the policies and provisions of this Ordinance and to make recommenddations
to the Mt. Lebanon Commission thereof to effect such policies;
133.2.3.
To initiate, receive, investigate and pass upon complaints charging
unlawful discriminatory practices in violation of this Ordinance taking
place within Mt. Lebanon.
133.2.4.
To study the problems of discrimination and foster, through community
effort or otherwise, good will among the groups and elements of the
population of Mt. Lebanon;
133.2.5.
To issue such publications and such results of investigations and
research as, in its judgment, will tend to promote good will and minimize
or eliminate discrimination.
133.2.6.
From time to time, but not less than once a year, to report to the
Mt. Lebanon Commission describing in detail the investigations, proceedings,
hearings, and studies it has conducted and their outcome, the decisions
it has rendered, and the other work performed by it, and make recommendations
for such further legislation concerning abuses and discrimination.
133.2.7.
The exercise of any powers and duties are subject to and contingent
upon the following: (i) the Board must have a minimum of three active
members; (ii) the Mt. Lebanon Commission will have budgeted adequate
funds for the Board to function; (iii) the Manager will have provided
adequate staff for the Board to function; (iv) the Board will have
adopted proper procedures and regulations as are necessary and desirable
for it to function, which procedures and regulation have been approved
by the solicitor; (v) the powers and duties to be exercised are not
the responsibility of or have been delegated to another party such
as the Pennsylvania Human Relations Commission, through a work sharing
agreement or memorandum of understanding or otherwise, and (vi) the
Mt. Lebanon Commission has certified to the Board that it is not pursuing
such an agreement or memorandum and, in such event, the Mt. Lebanon
Commission will have also certified which, if any, powers and duties
the Mt. Lebanon Commissioners wish the board to exercise.
134.1.
Purpose. The purpose of the Historic
Preservation Board is to advise the Commission on matters relating
to historic preservation and to perform related functions upon request
by the Commission.
134.2.
Membership and Term. The Historic Preservation Board shall consist
of seven members. The initial terms of members of the Board shall
be as follows: (i) two members of the Board shall be for one year,
(ii) two members of the Board shall be for two years.
134.3.
Duties and Functions. Perform such additional functions and
duties as may be requested to assist the Commission to review planning
and zoning issues related to the historic character of the Municipality.
135.1.
Purpose. The purpose of the Hospital
Authority is to increase and improve the health and safety of the
residents of Mt. Lebanon by exercising any or all of the powers conferred
upon hospital authorities under the applicable Law.
135.2.
Membership and Term. The Hospital Authority shall consist of
five members, each appointed for a five-year term. The term of no
more than one member shall expire during any year.
135.3.
Duties and Functions. The duties and functions of the Hospital
Authority shall be those defined in the Authority’s Articles
of Incorporation and in its bylaws and operating rules.
136.1.
Purpose. The purpose of the Library
Board is to serve as an administrative board responsible for the operation
of the Municipal library system as prescribed by Law.
136.2.
Membership and Term. The Library Board shall consist of seven
members, each appointed for a three-year term. The term of no more
than two members shall expire during any year.
136.3.
Duties and Functions. The Library Board shall have the duties, powers and responsibilities prescribed by the applicable Law. The Board shall be responsible for all library functions, setting policy, supervising the budget and establishing any other rule or regulation which the Library Board has the power to adopt for its own organization and procedure as is customary, advisable and consistent with the Charter, this Administrative Code and the applicable Law; provided, however, that nothwithstanding anything in this §1-135, all Library personnel will be subject to all Municipal rules, regulations and policies, including the Manager’s power to appoint, suspend or remove said personnel. The Manager will exercise such power in a similar manner as this power is exercised with respect to Municipal departments, treating the Library Board/Director similar to a department director, and including that the Manager or the Manager’s designee will provide human resources services for Library personnel.
137.1.
Purpose. The purpose of the Parking
Facilities Advisory Board is to advise the Commission on parking matters
and how facilities should be made available in Mt. Lebanon.
137.2.
Membership and Term. The Parking Facilities Advisory Board shall
consist of such members as are appointed by the Commission from time-to-time,
each appointed for a three-year term. The term of the initial members
shall be set by the Commission so as to be staggered in order to expire
evenly.
137.3.
Duties and Functions. The purposes of the board are to: Review
parking studies and plans; review information concerning parking demands
and facilities repairs/replacement issues; review and recommend new
technology that would improve efficiency of the parking operation;
meet with property and business owners in the commercial district
to review parking facilities problems and opportunities; recommend
a five year capital improvement plan; recommend strategies for more
efficient use of parking resources; and perform such other functions
and duties as may be requested by the Commission from time-to-time.
138.1.
Purpose. The purpose of the Parks
Advisory Board is to deal with issues related to parks and other public
open space in Mt. Lebanon.
138.2.
Membership and Term. The Parks Advisory Board shall consist
of seven members, each appointed for a three-year term. Effective
January 1, 2001, the seven member’s terms shall be initially
established on a staggered basis as follows:
|
Number of Members
|
Length of Term in Years
|
|---|---|
|
3
|
3
|
|
2
|
2
|
|
2
|
1
|
The terms of the members shall be determined by a lot
at the first board meeting after adoption of this ordinance. All subsequent
terms shall be of three years in duration.
138.3.
Duties and Functions. The duties and functions of the board
are to inventory park and existing facilities, review park programming,
recommend utilization of parks by resident groups, recommend policies
for park aesthetics and physical development, promote education/involvement
of the community in resource preservation and organize clean-up programs.
Additionally, the board may recommend fund-raising for improvements,
promote public/private partnership projects and make recommendations
for municipal budgetary considerations.
139.1.
Purpose. The purpose of the Pension
Investment Advisory Board is to review the performance of the investments
held by the pension plans, recommend changes to those investments
as necessary and generally advise the Commission on matters related
to the performance of pension investments.
139.2.
Membership and Term. The Pension Investment Advisory Board shall
consist of five members each appointed for a three-year term.
139.3.
Duties and Functions. The duties and functions of the board
are to review the performance of the pension plan investments on a
quarterly basis and recommend any changes in investments to the Commission;
periodically review the performance of the fund money managers and
make appropriate recommendations; advise the Commission on the appropriateness
of policies related to pension investments, such as the asset allocation
plan; and generally recommend to the Commission the means by which
the performance of the pension investments can be improved. At all
times while performing its work the Board shall be cognizant of the
purpose of the invested funds.
140.1.
Purpose. The purpose of the Municipal
Planning Board shall be to review plans presented to the Municipality
for construction, development, or redevelopment and to make recommendations
on those plans to the Commission; to prepare and maintain a Comprehensive
Plan for development and redevelopment in the Municipality; and to
review and make recommendations on any matter involving planning or
zoning within or affecting the Municipality.
140.2.
Membership and Term. The Municipal Planning Board shall consist
of five members, each appointed for a four-year term. The terms of
no more than two members shall expire during any year. Members of
the Planning Board shall hold no other Municipal office.
140.3.
Duties and Functions. The Municipal Planning Board, at the request
of the Commission, shall have the authority to:
140.3.1.
Prepare the Comprehensive Plan for the development of the Municipality
and present it for the consideration of the Commission;
140.3.2.
Make recommendations to the Commission concerning the enactment or
amendment of the zoning regulations and official map;
140.3.3.
Make recommendations to the Commission concerning the enactment or
amendment of a redevelopment code and its administration;
140.3.4.
Prepare and recommend subdivision and land development regulations;
140.3.5.
Promote public interest in and an understanding of the Comprehensive
Plan, community development and planning generally;
140.3.6.
Hold public hearings and meetings relating to matters within its
area of responsibility;
140.3.7.
Obtain from other departments and boards of the Municipality such
available information as relates to the work of the Planning Board;
140.3.8.
Enter upon any land to make examinations and surveys with the consent
of the owner; and
140.3.9.
Perform such other acts or make such studies as may be necessary
to fulfill the duties and obligations imposed by the Commission, the
Pennsylvania Municipalities Planning Code or other applicable Law.
141.1.
Purpose. The purpose of the Sports
Advisory Board is to advise the Commission on how to improve the sports
programming and facilities available in Mt. Lebanon.
141.2.
Membership and Term. The Sports Advisory Board shall consist
of such members as are appointed by the Commission from time-to-time,
each appointed for a three-year term. The term of the initial members
shall be set by the Commission so as to be staggered in order to expire
evenly. There shall be up to 13 voting members of
the Board that will consist of (i) 11 members chosen from any sports
organization recognized by the Commission and/or the Parks Board;
and (ii) two at-large positions. The Municipality and the School District
will also be able to provide a liaison and staff members, all of whom
shall be non-voting members. Any Parks Board representative shall
be non-voting.
141.3.
Duties and Functions. The duties and functions of the Sports
Advisory Board shall be to review and advise on sports-related facilities
and services in Mt. Lebanon. Specific areas for review shall include:
to recommend possible changes and improvements to sports-related facilities;
to assist in the continued safe provision of athletic opportunities
to Mt. Lebanon residents; to receive and consider public comment and
other public input regarding sports facilities and services; and to
support and promote programs and services.
142.1.
Purpose. The purpose of the Traffic
Board shall be to review traffic regulations and controls and to make
recommendations to the Commission on such controls and regulations.
142.2.
Membership and Term. The Traffic Board shall consist of seven
members, each appointed for a three-year term. The terms of no more
than two members shall expire during any year. Appointments shall
be made such that at least one member on the board shall be from each
ward in the municipality.
142.3.
Duties and Functions. It shall be the duty of the Traffic Board
to consult in the preparation of traffic studies, to receive and investigate
complaints regarding traffic matters, and to recommend to the Commission
and the Manager ways and means for improving traffic conditions and
the administration and enforcement of traffic Laws.
142.4.
Appeals. The Traffic Board is also authorized to hear and determine appeals of parking tickets as established under Article X. The Traffic Board may establish procedures for the hearing of these appeals, which procedures may include having the appeals heard and determine by one or more of the members of the Traffic Board.
143.1.
Purpose. The purpose of the Zoning
Hearing Board shall be to hear and decide requests and appeals filed
pursuant to the provisions of the Zoning Chapter.
143.2.
Membership and Term. The Zoning Hearing Board shall consist
of three-members, each appointed for a three-year term. The term of
no more than one member shall expire during any year. Members of the
Board shall hold no other office in the Municipality. Alternate members
of the Zoning Hearing Board may be appointed in accordance with the
provisions of the Pennsylvania Municipalities Planning Code, as amended.
143.4.
Duties and Functions. According to the provisions of Section
1302 of the Home Rule Charter, the Zoning Hearing Board shall conduct
hearings and render decisions on zoning matters such as appeals from
the Zoning Officer, challenges to the validity of any provision of
the Zoning Chapter including the Zoning District Map, and requests
for variances and special exceptions as conferred upon it by Law.
