[Adopted 7-28-2004 by Ord. No. 1868]
A Board of Appeals is hereby established pursuant to Section 501(c)
of the Pennsylvania Uniform Construction Code Act [35 P. S. § 7210.501(c)],
The Board of Appeals shall consist of five persons appointed by resolution
of the Board of Township Commissioners. A 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. Members of the Board of Appeals shall hold
no other office in the Township, including its Code administrators and members
of the Board of Township Commissioners. The Board of Township Commissioners
may fill a position on the Board of Appeals with a qualified person who resides
outside of the Township of Ridley when it cannot find a person within the
Township of Ridley who satisfies the requirements of this section.
The terms of office of the members of the Board of Appeals shall be
five years and shall be so fixed that the term of office of one member of
the Board of Appeals shall expire each year. The Board of Appeals shall promptly
notify the governing body of any vacancies that occur. Appointments to fill
vacancies shall be only for the unexpired portion of the term. A member of
the Board of Appeals holds office at the pleasure of the Board of Township
Commissioners.
The Board of Township Commissioners may appoint by resolution at least one but no more than three persons to serve as alternate members of the Board of Appeals. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of § 9-46, an alternate shall be entitled to participate in all proceedings and discussions of the Board of Appeals to the same and full extent as provided by law for Board of Appeals members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this article and as otherwise provided by law. Any alternate may participate in any proceeding or discussion of the Board of Appeals but shall not be entitled to vote as a member of the Board of Appeals nor be compensated pursuant to § 9-47 unless designated as a voting alternate member pursuant to § 9-46.
Any Board of Appeals member may be removed for malfeasance, misfeasance
or nonfeasance in office or for other just cause by a majority vote of the
Board of Township Commissioners, taken after the member has received 15 days'
advance notice of the intent to take such a vote. A hearing shall be held
in connection with the vote if the member shall request it in writing.
A.
The Board of Appeals shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board of Appeals, but the Board of Appeals may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board of Appeals as provided in § 9-48.
B.
If, by reason of absence or disqualification of a member,
a quorum is not reached, the Chairman of the Board of Appeals shall designate
as many alternate members of the Board of Appeals to sit on the Board of Appeals
as may be needed to provide a quorum. Any alternate member of the Board of
Appeals shall continue to serve on the Board of Appeals in all proceedings
involving the matter or case for which the alternate was initially appointed
until the Board of Appeals 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.
C.
The Board of Appeals may make, alter and rescind rules
and forms for its procedure, consistent with ordinances of the Township and
laws of the commonwealth. The Board of Appeals shall keep full public records
of its business, which records shall be the property of the Township of Ridley,
and shall submit a report of its activities to the Board of Township Commissioners
as requested by it.
Within the limits of funds appropriated by the Board of Township Commissioners, the Board of Appeals may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board of Appeals may receive compensation for the performance of their duties as may be fixed by the Board of Township Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Board of Township Commissioners. Alternate members of the Board of Appeals may receive compensation as may be fixed by the Board of Township Commissioners for the performance of their duties when designated as alternate members pursuant to § 9-46, but in no case shall such compensation exceed the rate of compensation authorized to be paid to the members of the Board of Township Commissioners.
A.
The Board of Appeals shall schedule meetings and provide
public notice of meetings in accordance with 65 Pa.C.S.A. §§ 701—716
(relating to Sunshine Act).
B.
The Board of Appeals shall conduct hearings and make
decisions in accordance with the following requirements:
(1)
Public notice shall be given and written notice shall
be given to the applicant, the Building Official, such other persons as the
Board of Township Commissioners shall designate by ordinance and to any person
who has made timely request for the same. Written notices shall be given at
such time and in such manner as shall be prescribed by ordinance or, in the
absence of ordinance provision, by rules of the Board of Appeals. In addition
to the written notice provided herein, written notice of said hearing shall
be conspicuously posted on the affected tract of land at a least one week
prior to the hearing.
(2)
The Board of Township Commissioners shall, by resolution,
prescribe reasonable fees with respect to hearings before the Board of Appeals.
Fees for said hearings may include compensation for the Secretary and members
of the Board of Appeals, notice and advertising costs, and necessary administrative
overhead connected with the hearing. The costs, however, shall not include
legal expenses of the Board of Appeals, expenses for engineering, architectural
or other technical consultants or expert witness costs.
(3)
The hearing shall be held within 60 days from the date
of the applicant's request, unless the applicant has agreed in writing
to an extension of time. The postmark date or the date of personal service
will establish the filing date of the appeal and request for variance or extension
of time.
(4)
The Board of Appeals shall conduct the hearings or the
Board of Appeals may appoint any member as a hearing officer. The decision
or, where no decision is called for, the findings shall be made by the Board
of Appeals; however, the appellant or the applicant, as the case may be, in
addition to the Township of Ridley, may, prior to the decision of the hearing,
waive decision or findings by the Board of Appeals and accept the decision
or findings of the hearing officer as final.
(5)
The parties to the hearing shall be the Township of Ridley,
any person affected by the application who has made timely appearance of record
before the Board of Appeals, and any other person permitted to appear by the
Board of Appeals. The Board of Appeals shall have the power to require that
all persons who wish to be considered parties enter appearances in writing
on forms provided by the Board of Appeals for that purpose.
(6)
The parties shall have the right to be represented by
counsel and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
(7)
Formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(8)
The Board of Appeals or the hearing officer, as the case
may be, shall keep a stenographic record of the proceedings. The applicant
and the Board of Appeals shall share the appearance fee for a stenographer
equally. The cost of the original transcript shall be paid by the Board of
Appeals if the transcript is ordered by the Board of Appeals or the hearing
officer or shall be paid by the person appealing from the decision of the
Board of Appeals if such appeal is made, and in either event the cost of additional
copies shall be paid by the person requesting such copy or copies. In other
cases the party requesting the original transcript shall bear the cost thereof.
(9)
The Board of Appeals shall not communicate, directly
or indirectly, with any party or his representatives in connection with any
issue involved except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, reports, staff memoranda, or other
materials, except advice from its solicitor, unless the parties are offered
an opportunity to contest the material so noticed and shall not inspect the
site or its surroundings after the commencement of hearings with any party
or his representative unless all parties are given an opportunity to be present.
(10)
The Board of Appeals or the hearing officer, as the case may be, shall render a written decision or, when no decision is called for, make written findings on the application within 45 days after the last hearing before the Board of Appeals or hearing officer. Where the application is contested or denied, each decision shall be accompanied by findings of fact and conclusions based thereon together with the reasons therefor. Conclusions based on any provisions of this article or of any ordinance, rule or regulation shall contain a reference to the provision relied on and the reasons why the conclusion is deemed appropriate in the light of the facts found. If the hearing is conducted by a hearing officer, and there has been no stipulation that his decision or findings are final, the Board of Appeals shall make his report and recommendations available to the parties within 45 days and the parties shall be entitled to make written representations thereon to the Board of Appeals prior to final decision or entry of findings, and the Board of Appeals' decision shall be entered no later than 30 days after the report of the hearing officer. Where the Board of Appeals fails to render the decision within the period required by this subsection, or fails to hold the required hearing within 60 days from the date of the applicant's request for a hearing, the decision shall be deemed to have been rendered in favor of the applicant unless the applicant has agreed in writing or on the record to an extension of time. When a decision has been rendered in favor of the applicant because of the failure of the Board of Appeals to meet or render a decision within 10 days from the last day it could have met to render a decision in the same manner as provided in Subsection B of this section. If the Board of Appeals shall fail to provide such notice, the applicant may do so. Nothing in this subsection shall prejudice the right of any party opposing the application to appeal the decision to a court of competent jurisdiction.
(11)
A copy of the final decision or, where no decision is
called for, of the findings shall be delivered to the applicant personally
or mailed to him not later than the day following its date. To all other persons
who have filed their name and address with the Board of Appeals, not later
than the last day of the hearing the Board of Appeals shall provide by mail
or otherwise brief notice of the decision or findings and a statement of the
place at which the full decision or findings may be examined.
A.
The Board of Appeals shall have exclusive jurisdiction
to hear and render final adjudications in the following matters:
B.
The Board of Appeals does not have jurisdiction and shall
not act upon appeals, requests for variance or requests for extension of time
relating to accessibility.
(1)
An owner or owner's agent may file an appeal concerning
technical infeasibility under Chapter 11 (Accessibility) of the Uniform Construction
Code and other accessibility requirements contained in or referenced by the
Uniform Construction Code with the Accessibility Advisory Board of the Pennsylvania
Department of Labor and Industry.
A.
An appeal or request for variance or extension of time
to the Board of Appeals will automatically suspend an action to enforce an
order to correct until the matter is resolved. An action under the Uniform
Construction Code § 403.84 (relating to unsafe building, structure
or equipment) may not be stayed.
B.
The Board of Appeals shall decide an appeal, variance
request or request for extension of time by reviewing documents and written
brief or argument unless the owner or owner's agent requests a hearing.
C.
The Board of Appeals shall only consider the following
factors when deciding an appeal of the Building Code Official:
D.
The Board of Appeals may consider the following factors
when ruling upon a request for extension of time or the request for variance:
(1)
The reasonableness of the Uniform Construction Code's
application in a particular case.
(2)
The extent to which the granting of a variance or an
extension of time will pose a violation of the Uniform Construction Code or
an unsafe condition.
(3)
The availability of professional or technical personnel
needed to come into compliance.
(4)
The availability of materials and equipment needed to
come into compliance.
(5)
The efforts being made to come into compliance as quickly
as possible.
(6)
Compensatory features that will provide an equivalent
degree of protection to the Uniform Construction Code.
F.
The Board of Appeals shall provide a written notice of
its decision to the owner and to the Building Code Official.
