There is hereby created a Technical Code Review Board, whose
members shall be five in number, over the age of 18 years and residents
of Middletown Township, Bucks County, Commonwealth of Pennsylvania,
each of whom shall be appointed by the Board of Supervisors to a five-year
term; provided, however, said term shall expire at such staggered
intervals that no more than one term shall expire in any one calendar
year. Of the initial five appointments made subsequent and pursuant
to this article, one member shall be appointed for one year, one member
for two years, one member for three years, one member for four years,
and one member for five years, and thereafter one member shall in
like manner be appointed each year to serve for five years. The members
of said Board shall include at least one civil engineer (P.E.P.),
one individual versed in fire protection, and one individual engaged
in the construction or building business.
[Amended 3-20-1984 by Ord. No. 84-6; 12-1-1992 by Ord. No. 92-13]
The duties of the said Technical Code Review Board shall be
as follows:
A. Any person aggrieved by the issuance, transfer, renewal, refusal,
suspension, revocation or cancellation of any permit, or by any notice,
order or action, by the Housing Inspector, Building Inspector, Plumbing
Inspector, Mechanical Inspector or Fire Inspector may appeal to the
Technical Code Review Board of Appeals within 30 days after being
given notice of the decision, action or order of the Inspector. The
appeal shall be taken by filing with the Township Manager in triplicate
a letter addressed to the Board describing the action appealed from
and stating the reason why the applicant considers this action improper.
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Within 30 days after the filing of the appeal, the Technical
Code Review Board shall hold a hearing on the appeal. Notice shall
be mailed by regular mail to all persons known to have an interest
in the matter and to the Inspector whose order, notice, decision or
action is being appealed.
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B. To serve as an advisory arm of the Board of Supervisors; to review,
counsel and recommend to the Board of Supervisors certain changes,
additions, modifications or repeals in the technical codes of Middletown
Township.
C. The Board may authorize in writing a modification from the terms of the codes established in Chapter
190, Construction Standards, and Chapter
363, Property Maintenance, when, because of special conditions, undue hardship would result from the literal enforcement and the work authorized by the modification complies substantially with the purposes of such code. Recommendation by the inspection officials as to the modification and its terms shall be considered by the Board.
D. The Board shall meet upon notice of the Chairman within 30 days of
the filing of an appeal or at stated periodic meetings if warranted
by the volume of work.
E. All hearings shall be public, and the appellant and the appellant's
representative, the official of the jurisdiction or any other person
whose interest may be affected by the matter on appeal shall be given
an opportunity to be heard.
F. Action of the Board shall occur when the Board affirms, modifies
or reverses the decision of the Township official by a concurring
vote of three members.
G. Every action of the Board shall be by resolution, and certified copies
shall be furnished to the appellant and to the Township Official.
H. Failure to secure three concurring votes shall be deemed a confirmation
of the decision of the Township official.
I. The Township official shall take immediate action for the enforcement
of the decision in accordance with the decision of the Board.
The members of the Technical Code Review Board shall elect annually
for each calendar year one of their members as Chairman of the within
Board, promulgate bylaws and procedures to guide its functions, and
adopt rules and regulations governing appeals by persons aggrieved
as aforesaid.