[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 11-21-2005 by Ord. No. 535-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 78.
The Borough Council of the Borough of Lehighton is authorized
to enter into and become a part of an existing "Intermunicipal Agreement
establishing a Joint Board of Appeals pursuant to the Uniform Construction
Code" (hereinafter referred to as the "existing agreement"), a copy
of which is attached hereto and made a part hereof.[1] by and among various municipalities located in Carbon
County, Pennsylvania, specifically including Franklin
Township, Penn Forest Township, Towamensing Township, East Penn Township
and Mahoning Township. By becoming a party to the existing agreement,
it is the intent of the Borough of Lehighton to become a member of
the Joint Board of Appeals.
[1]
Editor's Note: A copy of said agreement is on file in
the Borough's office.
The initial term of the existing agreement is five years from
the date of execution of the existing agreement, which was September
2, 2004. According to the existing agreement, it shall continue in
full force and be automatically renewed from year to year thereafter,
unless terminated by the parties in accordance with the provisions
thereof.
A.
The purpose of the existing agreement is to establish a Joint Board
of Appeals pursuant to the Uniform Construction Code by and among
various municipalities located in Carbon County, Pennsylvania.
B.
As delineated in the existing agreement, the responsibilities of
the participating municipalities, which shall now include the Borough
of Lehighton, are:
(1)
Drafting and enacting an ordinance that ratifies the municipalities'
participation in the Joint Board of Appeals and entering into the
agreement in accordance with the requirements of the Intergovernmental
Cooperation Act.
(2)
Adopting or amending the municipalities' existing fee resolution
to provide for substantially equivalent fees to be imposed for appeals
to the Joint Board of Appeals.
(3)
Eliminating any board of appeals which the municipality may have
established.
(4)
Making their municipal buildings available for hearing appeals which
derive or originate from the administration and enforcement of the
Uniform Construction Code in their municipality and having a solicitor
available to advise the Joint Board of Appeals at the hearing.
C.
The responsibilities of the Joint Board of Appeals are:
(1)
Accept properly completed applications for appeal (accompanied by
the appropriate filing fee) based on a claim that the true intent
of the Uniform Construction Code has been incorrectly interpreted,
the provisions of the Uniform Commercial Code do not fully apply or
an equivalent form of construction is to be used.
(2)
Hear and rule on appeals, requests for variances and requests for
extensions of time.
(3)
Hearings shall be held in accordance with the Local Agency Law.
Each municipality, including the Borough of Lehighton, shall
be responsible for all of the cost and expenses associated with appeals
which derive or originate from the administration and enforcement
of the Uniform Construction Code in that municipality.
A.
Establishment of Joint Board of Appeals. As delineated in the existing
agreement, the Joint Board of Appeals shall consist of at least five
individuals who shall be qualified by training and experience to pass
on matters pertaining to building construction. The Joint Board of
Appeals shall consist of more than five individuals if there are more
than five municipalities who are members. That is, each municipality
shall be permitted to appoint at least one member of the Board of
Appeals. 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. There shall also be
two alternate members who shall be called by the Chairman of the Board
of Appeals to hear appeals during the absence or disqualification
of a member. Designation of an alternate by the Chairman of the Board
of Appeals pursuant to this section shall be made on a rotating basis
[subject to availability of the alternate(s)].
B.
Term of appointment to Joint Board of Appeals. As delineated in the
existing agreement, the term of the first five members shall be as
follows: one for five years, one for four years, one for three years,
one for two years, and one for one year. Thereafter, each new member
shall serve for five years or until a successor has been appointed.
Alternate members shall also be appointed for five years or until
a successor has been appointed. If there are more than five members
appointed to the Board as near as possible an equal number of members
shall be appointed so that their term shall expire evenly.
C.
Appointment of members to Joint Board of Appeals. As delineated in
the existing agreement, the members of the Joint Board of Appeals,
and the alternates, shall be appointed by the municipalities on a
rotating basis in alphabetical order until all of the positions are
filled. Successors shall be appointed by the municipality who appointed
the person being succeeded (i.e., the person being replaced). The
person appointed by each municipality shall be a resident of one of
the municipalities.
As delineated in the existing agreement, it is not anticipated
that the Joint Board of Appeals will have any employees. Therefore,
the Joint Board of Appeals is not empowered to enter into contracts
for policies of group insurance and employee benefits, including social
security, for employees.
This chapter shall be effective immediately upon its adoption.
