Construction appeals may have to go to county

Ordinance introduced to eliminate local

Construction Board of Appeals
By:Roger Alvarado
   Township Committee members introduced an ordinance that, if passed, would eliminate the local Construction Board of Appeals.
   The board is currently a five-member body in the township that hears appeals of violations and penalties issued by the township construction official.
   Mayor Bob Wagner said Tuesday that the township’s difficulty in finding suitable members to sit on the board, the cost of secretary and attorney fees, and the fact that the county’s board of appeals functions in a similar capacity as the township board and can hear appeals, as the township’s justification for abolishing the board.
   In 2004, the township spent "a few thousand dollars" to pay for board related legal and secretarial fees, according to Township Administrator Kevin Davis. Mr. Davis was unable to provide the number of hearings that the board heard in 2004.
   "We will save funds on the cost of a secretary and attorney fees and those seeking appeals will be able to go straight to the county board," Mayor Wagner said. "By eliminating the local board, we are eliminating a bureaucratic step. It is also difficult to find board members who meet the appropriate requirements."
   According to Mr. Davis, the board’s chair has had to resign because of a conflict of interest.
   Board membership calls for fire, electrical, building and plumbing subcode state license holders.
   If the township were to do away with the board, all appeals would be heard by the county Construction Board of Appeals, according to Joan Clarkson, the county Construction Board of Appeals secretary.
   "They don’t charge the township anything for hearing them," Deputy Township Clerk Anne Marie Fuccello said. "It’s their obligation to have it, we have the right to have one if we choose, but we don’t have to."
   According to Ms. Clarkson, parties who bring appeals before the county board must pay a $100 hearing fee.
   Former Committeewoman Sonya Martin told committee members she didn’t think the move was in the township’s best interests. Ms. Martin said that if the board is eliminated, the township would no longer have "full control" over interpreting building and construction code.
   She also pointed out that most appeals are settled without having to go to full blown hearings, which contradicts the committee’s opinion that the cost is "burdensome."
   Ms. Martin said she felt the decision was’ not in the best interests of the township because in the next year multiple construction code issues, including a pair of age-restricted developments and changes to the second phase of the township’s Master Plan, would most certainly need to be taken up by the board.
   "It is important to have quality experts — people with expertise — for citizens to bring their grievance," Ms. Martin said.
   Ms. Martin said that in the past — such as the 1980s — applications were permitted to proceed without proper inspection that proved disastrous "to the quality of life" of homeowners.
   She felt that by not having a local board the county would make general interpretations of state statutes without necessarily knowing much about Hillsborough, which would place those appealing decisions at a disadvantage.
   "You can’t disband every committee because there is a lack of a quorum," Ms. Martin said. "I don’t think that is a justifiable reason to abolish this service to the community."
   Deputy Mayor Carl Suraci said that because "construction codes are state statutes" the local board didn’t offer any "extra protection" compared to the county board.
   Ms. Martin said she felt the local board gave the township more control and protection and that many times it caught problems before they occurred.
   A public hearing on the ordinance is set for 7:30 p.m. Feb. 8 in the Municipal Courtroom.