[HISTORY: Adopted by the Board of Supervisors of the Township of
Pine 11-1-2004 by Ord. No. 324. Amendments
noted where applicable.]
A Board of Appeals, consisting of three members as set forth herein,
is hereby created for the Township of Pine.
A.
The Board of Supervisors shall, by majority vote, appoint
three residents of the Township of Pine to the Board of Appeals.
B.
The first such appointments to the Board of Appeals shall
be as follows: one member (Jeffrey Krill) for a term expiring December 31,
2005; one member (George Haberman) for a term expiring December 31, 2006;
and one member (Michael Pfeifer) for a term expiring December 31, 2007.
C.
Appointments following the initial terms specified above
shall be for periods of three years. Appointments to fill any vacancies in
membership shall be made by the Board of Supervisors for the remainder of
the vacant position's unexpired term. Members may be reappointed by the Board
of Supervisors for successive terms without limitation. The term provisions
of this section notwithstanding, all members of the Board of Appeals shall
hold their office at the pleasure of the Board of Supervisors and may be removed
at any time, with or without cause, by majority vote of the Board of Supervisors.
D.
If the Township of Pine, at any time hereafter, cannot
find a resident of the Township of Pine who satisfies the requirements of
this chapter to serve on the Board of Appeals, then the Board of Supervisors
may appoint a qualified person who resides outside of the Township of Pine.
E.
Members of the Board of Supervisors or the Township's
Building Code Administrators shall not serve as members of the Board of Appeals.
F.
Members of the Board of Appeals should exhibit and possess
the following qualifications:
(1)
Training and experience sufficient to understand and
to pass on matters pertaining to building construction. Such 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.
(2)
Good judgment and an ability to work cooperatively with
others.
(3)
Ability to inspire the confidence, respect and support
of the community.
(4)
Time to attend the meetings and hearings of the Board
of Appeals and to undertake and complete its assignments.
G.
A member of the Board of Appeals shall not cast a vote
nor participate in a hearing on any appeal, request for variance, or request
for extension of time in which the member has a personal, professional, or
financial interest.
A.
Pursuant to Section 501(c) of the Act[1] and Section 403.121 of the Code,[2] the Board of Appeals shall hear and rule on: appeals, requests
for variances and requests for extensions of time. An application for appeal
shall be based on a claim that the true intent of the Act or the Code has
been incorrectly interpreted, the provisions of the Act or the Code do not
fully apply, or an equivalent form of construction is to be used.
B.
The Board of Appeals shall meet as is necessary and shall
schedule its meetings and hearings (and also provide public notice thereof)
in accordance with Pennsylvania's Sunshine Act (65 Pa.C.S.A. §§ 701
to 716).
C.
The Board of Appeals may not act upon appeals, requests
for variance, or requests for extension of time which relate to accessibility
under the Act, as jurisdiction regarding accessibility is exclusive to the
Department of Labor and Industry's Accessibility Advisory Board pursuant to
Section 403.142 of the Code.
D.
The members of the Board of Appeals shall elect one of
their members to serve as its Chairperson to preside at its meetings and hearings.
Such Chairperson shall have the power to administer oaths and to issue subpoenas
to compel the attendance of witnesses and the production of relevant documents,
including witnesses and documents requested by the parties.
E.
Attendance of two members of the Board of Appeals shall
constitute a quorum for the transaction of its business and the disposition
of any appeal, request for variance, or request for extension of time.
F.
Fees and costs assessable by the Township of Pine (including filing fees for each separate appeal, request for variance, and request for extension of time) and pertinent to the activities of the Board of Appeals shall be paid in advance by the owner or owner's agent, as same are set forth in the current standard Township fee schedule (Chapter A144 of the Code of the Township of Pine) and herein. Such fees and costs shall include, but are not limited to, the actual costs incurred by the Township for publicly advertising any hearing which may be requested. No refund of such fees and costs shall be made in the event that a party withdraws the matter from consideration by the Board of Appeals.
A.
An owner or owner's agent may seek a variance or an extension
of time or appeal a Building Code Official's decision by filing a petition
with the Township's Building Code Official or other person so designated by
the Board of Appeals to receive same. All such requests shall be made on forms
provided by the Township of Pine.
B.
The postmark date or the date of personal delivery will
establish the filing date of the appeal, request for variance, or extension
of time.
C.
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; provided, however, that an
action under Section 403.84 of the Code (relating to unsafe building, structure
or equipment) may not be stayed.
D.
The Board of Appeals shall decide an appeal, variance
request or request for extension of time by reviewing documents and upon written
brief or argument, unless the owner or owner's agent requests a hearing on
same. In the event of such request, the Board of Appeals shall schedule a
hearing and shall notify the owner and the owner's agent and the Township's
Building Code Official of the date, time, and location of the hearing. The
parties to the hearing shall be the owner, the owner's agent, the Township,
and any other person or entity permitted to appear by the Board of Appeals.
At any such hearing the formal rules of evidence shall not apply, but irrelevant,
immaterial, or unduly repetitious evidence may be excluded from the hearing.
All parties shall have the right to be represented by counsel and afforded
the opportunity to present and respond to evidence and argument and to cross-examine
adverse witnesses on all relevant issues. If necessary, an initial hearing
may be continued by the Board of Appeals to a subsequent date or dates. At
the request of any party, a stenographic record may be kept of any hearing.
The appearance fee for a stenographer shall be paid by the party who requests
the keeping of such record. The cost of a transcript of the hearing shall
be paid to the stenographer by the respective party requesting same. Should
the Board of Appeals request a transcript of the hearing, the cost of its
copy of the transcript shall be paid by the Township.
E.
The Board of Appeals shall hold a hearing within 60 days
from the date of a request for same, unless the owner or owner's agent has
agreed in writing to an extension of such time for hearing.
F.
The Board of Appeals shall consider only the following
factors when deciding an appeal under Section 501(c)(2) of the Act:
G.
The Board of Appeals may consider the following factors
when ruling upon a request for extension of time or a request for variance:
(1)
The reasonableness of the 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 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 Code.
I.
The Board of Appeals shall provide a written notice of
its decision to the owner or the owner's agent, and to the Township within
45 days of the submission of documents and written brief or argument or, in
the event of a hearing, within 45 days of the end of the last hearing.
