[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 128.
[Adopted 9-14-2005 by Ord. No. 2005-10]
This article may be known as cited as "The Township
of Swatara West Shore COG/Joint UCC Board of Appeals Ordinance."
A.
As political subdivisions of Pennsylvania, the Township
and the other municipalities named in the agreement, (hereinafter
"joint municipalities") propose to enter into an intergovernmental
cooperation agreement, a copy of which is attached hereto and incorporated
herein (hereinafter the "agreement") pursuant to the Intergovernmental
Cooperation Law of Pennsylvania.
B.
The purpose of the agreement is to establish a Joint
Board of Appeals as required under the UCC.
C.
The joint municipalities have agreed that the Joint
Board of Appeals shall be established and administered under the West
Shore COG.
D.
Pursuant to the Pennsylvania Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2301 et seq., a municipality may enter
into an intergovernmental cooperation agreement upon passage of an
ordinance by its governing body.
A.
The Township of Swatara hereby authorizes joining
the West Shore COG.
B.
The President or Vice President of the Board of Commissioners,
acting alone or together with the Secretary or Assistant Secretary,
is hereby authorized and directed on behalf of the Township to execute
and deliver such instruments and to take such actions as may be necessary
or appropriate to establish the Township's membership in the West
Shore COG, including the expenses of such membership as are due pursuant
to the rules and regulations of the West Shore COG.
A.
The Township hereby approves entering into the agreement
(which shall be filed with the minutes of the meeting at which this
article was enacted), with the intent and effect that the Township
shall be bound by the agreement.
B.
The President or Vice President of the Board of Commissioners,
acting alone or together with the Secretary or Assistant Secretary,
is hereby authorized and directed on behalf of the Township, to execute
and deliver the agreement and to execute and deliver such additional
instruments and to take such further actions as may be necessary or
appropriate to carry forth the agreement and the transactions to be
effected under the agreement, including the shared expense of such
amounts as are due by the Township pursuant to the agreement.
C.
The fee for an appeal to the Joint Board of Appeals
or for a request for variance or similar relief, such as a special
exemption, shall be established, from time to time, by resolution
of the Board of Commissioners, and shall be in keeping with the policies
and procedures established by the West Shore COG Joint Board of Appeals.
The fees shall be collected by the Township at the time of the filing
of the appeal or at the request for a variance or a special exception.
The fee shall be used in each case by the Township to cover stenographic
services and compensation to personnel required to attend hearings
on behalf of the Township and to help defray the other necessary and
legal expenses of the Joint Board of Appeals pertaining to the appeal.
No appeal shall be considered complete and in compliance with the
filing requirements unless and until the fee is paid in full.
D.
The Joint Board of Appeals may from time to time,
adopt policies and procedures necessary for the proper administration
of the UCC appeal and code warranty process.
[1]
Editor's Note: A copy of the agreement is
on file in the Township's offices.
All actions of any officer, agent, or other
representative of the Township heretofore taken in the pursuit of
the establishment of the intergovernmental agreement and/or the Township's
participation therein are hereby ratified and approved in all respects.
The Board of Commissioners is hereby authorized
to take such other action as may be necessary or appropriate to carry
out the purposes of this article and of the agreement.
As required by the Pennsylvania Intergovernmental
Cooperation Act, the following matters are specifically found and
determined:
A.
The conditions of the agreement are set forth in the
agreement.
C.
The purpose and objectives of the agreement are as
set forth in this article and in the agreement.
D.
The manner and extent of financing the agreement are
that: 1) no borrowing will be required by the Township; 2) funds to
implement the Township's obligations under the agreement same shall
come from normal and usual budgeted amounts for such matters; and
3) the joint municipalities shall share the expenses of the Joint
Board of Appeals as set forth in the agreement.
E.
No property, real or personal, shall be acquired by
any entity under the agreement.
F.
All municipalities participating in the agreement
will maintain separate employee benefits, separate and apart from
this agreement.
