108.1 Board of Appeals established.
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(a)
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Board of Appeals. In order to hear and decide appeals
of orders, decisions or determinations made by the fire code official
relative to the application and interpretation of this code, there
shall be appointed by the Township Board of Supervisors a Board of
Appeals consisting of three persons.
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(b)
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Terms. Members of the Board of Appeals shall be
residents of the Township, and shall be appointed for terms of three
years. Of the members first appointed, one shall be appointed for
a term of one year, one shall be appointed for a term of two years
and one shall be appointed for a term of three years. Thereafter,
subsequent members shall each be appointed for terms of three years.
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(c)
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Vacancies. Vacancies shall be filled for an unexpired
term in the manner in which the original appointments are required
to be made. In the case of a vacancy, the person appointed shall be
appointed to complete the unexpired term.
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(d)
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Officers. The Board of Appeals shall elect from
its number a Chairman and Vice Chairman.
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(e)
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Quorum. Two members of the Board shall constitute
a quorum. In a ruling on the application of any provisions of this
code or in an order modifying an order of the fire code official,
an affirmative vote of the majority present shall be required.
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(f)
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Meetings. No schedule of regular meetings is prescribed
for the Board of Appeals. The Board may schedule regular meetings
and special meetings as it may determine to be necessary and appropriate
for the purposes of conducting hearings on cases before it, taking
formal and final action on such cases before it as may be ready for
entry of decisions, and holding and/or resuming hearings in those
cases which were previously scheduled and have been continued, postponed,
rescheduled or recessed or adjourned to another date.
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(g)
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Sunshine Act. Meetings and hearings of the Board
of Appeals shall be subject to the Pennsylvania Sunshine Act, 65 Pa.C.S.A.
§ 701 et seq., as it may be amended from time to time.
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(h)
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Conflict of interest. Members of the Board of Appeals
with a material or financial interest in a matter before the Board
of Appeals shall declare such interest and refrain from participating
in discussions, deliberations and voting on such matters.
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(i)
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Hearings. Hearings before the Board of Appeals
shall be held in accordance with the provisions of the Pennsylvania
Local Agency Law, 2 Pa.C.S.A. § 551 et seq., as it may be
amended and supplemented from time to time.
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(j)
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Legal counsel to the Board of Appeals. The Board
of Supervisors, at its expense, shall furnish legal counsel, to the
Board of Appeals to provide the Board of Appeals with general legal
advice and legal services in relation to the conduct of its duties
and responsibilities.
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(k)
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Appeal applications.
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1.
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Appeal applications shall be in writing and shall set forth,
at a minimum, the following information:
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a)
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The appellant's name, address and telephone number;
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b)
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If the appellant is represented by an attorney, the name, address
and telephone number of the representative; and
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c)
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A brief, concise, detailed statement in separate numbered paragraphs
setting forth the facts related to the appeal and the reasons that
support the request for relief.
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2.
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Filing.
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a)
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The appeal application must be filed at the office of the Derry
Township Supervisors.
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b)
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The appeal application shall be considered filed as of the date
it is stamped as received at the office of the Derry Township Supervisors,
or if mailed and postmarked by the United States Postal Service (note:
postal machine postmarks shall not be acceptable), as of the date
of mailing.
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3.
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Incomplete appeal application.
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a)
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If an appeal application fails to include the minimum information
set forth above, the Board of Appeals, or a person duly authorized
by the Board of Appeals, may request, in writing, that the appellant
submit the omitted information.
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b)
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Otherwise, on the failure of the appellant to submit the omitted
information, the hearing shall be held based on the information in
the appeal application.
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4.
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Fees. The fee for an appeal to the Board of Appeals shall be
established by resolution of the Board of Supervisors, from time to
time, and shall not exceed the actual costs of the public notice of
the hearing, the appearance fee of the court reporter and administrative
fees, as necessary. The Fee Schedule may be reviewed from time to
time to determine reasonable rates for appeals, for hearing costs
and otherwise revised accordingly.
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(l)
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Notice of meeting or hearing. Notice of a meeting
or a hearing shall be required to be published once in a newspaper
of general circulation in Mifflin County, Pennsylvania, and copy of
the notice shall be posted at the location where the meeting or hearing
of the Board of Appeals is to be held. Notice shall be published and
posted at least seven full days prior to the day of the meeting or
hearing.
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(m)
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Notice to appellant. In the case of a hearing,
written notice of a hearing shall be given to the appellant and to
legal counsel, if such is listed in the appeal application, at least
15 days prior to the date of the hearing, unless waived, in writing,
by the appellant.
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(n)
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Continuances. The Board of Appeals may grant a
reasonable request for a continuance of a scheduled hearing. The request
shall be made in writing and shall be signed by the appellant or appellant's
previously authorized legal counsel and shall set forth the reasons
for the request. The request shall be received by the Board of Appeals
at least three days prior to any scheduled hearing.
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(o)
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Rules of evidence and procedure. The Board of Appeals
shall not be bound by technical rules of evidence. It will receive
evidence, including production of books, records, documents and other
data, that may be relevant and of reasonably probative value to the
appeal. Formal rules of evidence do not apply. Reasonable examination
and cross-examination shall be permitted. However, the Presiding Officer
may rule that irrelevant, immaterial, or unduly repetitious evidence
is to be excluded; or, that hearsay evidence which cannot be contested
or rebutted by another party is to be excluded. The appellant shall
have the burden of proof on all issues.
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(p)
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Stenographic transcripts and record. All testimony
may be stenographically recorded and a full and complete record may
be kept of the proceedings. In the event all testimony is not stenographically
recorded and a full and complete record of the proceedings is not
provided by the Board of Appeals, such testimony shall be stenographically
recorded and a full and complete record of the proceedings shall be
kept at the request of any party agreeing to pay the costs thereof.
A copy of any transcript of proceedings shall be made available to
the party not initially requesting the transcription of the hearing,
upon the payment for the cost of such copy by the party who did not
initially request a transcription or a recording of the hearing.
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(q)
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Decision. The Board of Appeals shall issue a written
decision, containing findings of fact and conclusions of law and the
reasons for the decision within 45 days of the date of the last hearing.
If a decision is not timely rendered, the appeal and the request therein
will be deemed to be approved. The final decision will be served personally
or mailed to all parties or to their legal counsel, as applicable
and if any, within three business days of the date of the decision.
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(r)
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Appeal to the Court of Common Pleas. An appeal
from the decision of the Board of Appeals to the Court of Common Pleas
must be commenced within 30 days after the date of entry of the written
decision of the Board of Appeals, per 42 Pa.C.S.A. § 933
and per 42 Pa.C.S.A. § 5571(b).
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