[Ord. No. 2017-255, 3/7/2017]
Pursuant to the Intergovernmental Cooperation Act, 53 Pa.C.S.A.
§ 2310 et seq., and 35 P.S. § 7210.501(c)(1) of
the Pennsylvania Construction Code Act, the Borough of New Stanton
is hereby authorized to enter into an Intergovernmental Cooperation
Agreement with the member municipalities of CWCOG for the purpose
of utilizing the CWCOG Joint Municipal Board of Appeals pursuant to
the requirements of the Pennsylvania Construction Code Act, 35 P.S.
§ 7210.501, as amended, as well as the rules and regulations
of the Department of Labor and Industry, Part XV, Uniform Construction
Code, Title 34, Chapter 403, Administrative Board of Appeals, or any
successor legislation or rules and regulations.
[Ord. No. 2017-255, 3/7/2017]
The proper officers of the Borough of New Stanton are hereby
authorized and directed to take any and all steps necessary to execute
an intergovernmental cooperation agreement for a joint municipal board
of appeals by, between and among the Borough of New Stanton, the CWCOG,
and any other municipality that enters into a like agreement with
CWCOG to effectuate the authorization granted by the Part.
[Ord. No. 2017-255, 3/7/2017]
The terms, provisions and conditions of the intergovernmental
cooperation agreement are those terms, provisions and conditions set
forth in the agreement, a copy of which is attached hereto, expressly
made a part hereof, and marked as Exhibit "1."
[Ord. No. 2017-255, 3/7/2017]
The intergovernmental cooperation agreement shall be effective
for two years, commencing the seventh day of March, 2017, and will
remain in effect on a year-to-year basis thereafter, until renewed,
amended, or terminated as set forth in the intergovernmental cooperation
agreement.
[Ord. No. 2017-255, 3/7/2017]
The CWCOG is hereby authorized to create, operate and manage
a joint municipal board of appeals, as set forth in the intergovernmental
cooperation agreement and the bylaws of the Joint Municipal Board
of Appeals, for the Borough of New Stanton.
[Ord. No. 2017-255, 3/7/2017]
The manner and extent of financing the Joint Municipal Board
of Appeals shall be as agreed upon by the Borough of New Stanton,
the CWCOG and the member municipalities, and as set forth in the bylaws
of the Joint Municipal Board of Appeals.
[Ord. No. 2017-255, 3/7/2017]
The organizational structure of the Joint Municipal Board of
Appeals shall be the organizational structure as set forth in the
bylaws of the CWCOG Joint Municipal Board of Appeals.
[Ord. No. 2017-255, 3/7/2017]
The acquisition, management and disposal of property is as set
forth in the intergovernmental cooperation agreement.
[Ord. No. 2017-255, 3/7/2017]
The CWCOG is hereby authorized to enter into such contracts
as may be necessary for the effective management and operation of
the Joint Municipal Board of Appeals.
[Ord. No. 2017-255, 3/7/2017]
Any ordinance or parts of ordinances in conflict with the Part
are hereby specifically repealed.
[Ord. No. 2017-255, 3/7/2017]
This Part is adopted pursuant to the powers and authority granted
to the Borough pursuant to the Pennsylvania Construction Code Act,
35 P.S. § 7210.501(c) and the Intergovernmental Cooperation
Act, 53 Pa.C.S.A. § 2305.
[Ord. No. 2017-255, 3/7/2017]
Any ordinances or parts of ordinances conflicting with the provisions
of this Part be and the same are hereby repealed so far as the same
affects this Part; however, such repeals shall not affect any act
done or any right or liability accrued under such ordinance herein
repealed or superseded, and all such rights, liabilities and violations
shall continue and may be enforced in the same manner as if such repeal
or supersession had not been made.
[Ord. No. 2017-255, 3/7/2017]
If any word, phrase, section, sentence, clause or part of this
Part is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, invalidity or illegality shall not affect
or impair any of the remaining words, phrases, sections, sentences,
clauses or parts of this Part. It is hereby declared to be the intent
of the Borough Council that this Part would have been adopted had
such unconstitutional, illegal or invalid word, phrase, section, sentence,
clause or part thereof not been included therein.
[Ord. No. 2017-255, 3/7/2017]
This Part shall take effect immediately.
