[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Uwchlan as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-27-2015 by Ord. No. 2015-05]
The Chairman of the Board of Supervisors is hereby authorized
to enter into the agreement in accordance with the terms and conditions
authorized by this article and set forth in the agreement, a copy
of which is attached hereto as Exhibit A[1] and is incorporated herein by reference. Furthermore,
the appropriate officers of the Township are hereby authorized to
do whatever is necessary and appropriate to carry out the provisions
of the agreement and this article, and to comply with the purposes
and intent of the agreement and this article.
[1]
Editor's Note: The agreement is on file in the Township offices.
The agreement is conditioned upon each member's governing body
enacting an ordinance which authorizes such member to participate
in the Board of Appeals and to execute the agreement.
The Board of Appeals shall be created for and the agreement
shall have an initial term of five years, which term shall commence
on the effective date of the agreement (as defined in Paragraph 17
of the agreement).[1] At the expiration of the initial five-year term, the agreement
and the Board of Appeals shall automatically renew for successive
one-year terms unless a majority of the members, acting through their
directors, vote to terminate the agreement.
[1]
Editor's Note: The agreement is on file in the Township offices.
The purposes and objectives of the Board of Appeals include,
but are not limited to, the following:
A.
To establish a body for the joint administration and enforcement
of the Pennsylvania Construction Code Act, 35 P.S. §§ 7210.101
through 7210.1103.
B.
To hear requests for variances or extensions of time and appeals
from Code administrator decisions under the Pennsylvania Construction
Code Act, 35 P.S. §§ 7210.101 through 7210.1103.
C.
To schedule meetings and provide public notice of meetings in accordance
with the Sunshine Act, 65 Pa.C.S.A. §§ 701 through
716.
D.
To perform such other activities as the members may mutually agree
may be undertaken through the Board of Appeals which are related to
the objectives identified above.
A.
The Board of Appeals shall be governed by a Board of Directors which
shall consist of a representative and an alternate representative
from each member. The representatives and alternate representatives
shall be appointed by the governing body of each member to serve in
such capacity for a two-year term. The representative and alternate
representative need not be an elected official of the member.
B.
Within 60 days after the effective date of the agreement, the Board
of Directors shall conduct an organizational meeting. At the organizational
meeting, the Board shall elect the officers of President, Vice President,
and Secretary/Treasurer and adopt bylaws, or authorize the prompt
preparation of bylaws for future adoption, which shall govern the
day-to-day affairs of the Board of Appeals.
C.
Each member shall be entitled to one vote in the Board of Appeals
which vote shall be cast by the director in attendance at the Board
of Directors' meetings.
A.
At the organizational meeting of the Board of Directors, the Board
shall adopt an annual budget, or authorize the prompt creation of
an annual budget for the Board of Appeals. Thereafter, the Board of
Directors shall present the proposed annual budget to the members,
and the governing body of each member shall vote to approve or reject
the budget prior to the end of the calendar year. In the event that
the proposed annual budget is not approved by the majority of the
members' governing bodies, the Board of Directors shall revise said
budget in accordance with the reasons provided by the governing bodies
in support of the rejection. Following the initial year of the agreement,
the process for preparing, presenting and adopting an annual budget
shall be completed by the Board of Directors and the members' governing
bodies before the end of each calendar year. Until the new budget
is approved by the majority of the members governing bodies, the prior
years' budget shall remain in effect.
B.
Within 60 days following the effective date of the agreement, each
member shall be responsible to make an initial contribution to the
Board of Appeals of $500, which contribution shall be deposited into
an account established for the Board of Appeals by its solicitor.
Thereafter, each member shall contribute an equal share to the expenses
of the Board of Appeals, as determined by the annual budget. Each
member shall contribute its proportional share of the Board of Appeals'
operational expenses in quarterly intervals or as otherwise determined
by the Board. A member which does not promptly pay its annual contribution
may have its membership in the Board of Appeals terminated by a majority
vote of the Board of Directors. In the event of such termination,
the terminated member's delegate and alternate delegate shall be precluded
from voting on any matter or issue voted upon by the Board of Directors.
C.
In the event that the Board of Appeals undertakes a specific program
or activity that does not involve all of the members, only the members
which participate in such program or activity shall be liable for
the expenses related to such program or activity.
A.
The Board of Appeals is not authorized by the agreement to purchase
real property.
B.
If the Board of Appeals purchases personal property, it shall take
title to such personal property in the name of Board of Appeals, unless
otherwise agreed to by the Board of Directors. Upon termination of
the agreement, any personal property owned by the Board of Appeals
shall be distributed to the members, or sold and the proceeds distributed
to the members, as determined by the Board of Directors. All other
matters pertaining to the acquisition, management, licensing or disposal
of personal property by the Board of Appeals shall be decided by a
majority vote of the Board of Directors.
The Board of Appeals is empowered to enter into contracts for
policies of group insurance and employee benefits including social
security for any employees of the Board of Appeals. No such employees
are anticipated by the members, and a majority of the Board of Directors
must first vote to hire any such employees and approve any such contracts.
