[HISTORY: Adopted by the Board of Supervisors of the Township of Richland 5-18-1981 by Ord. No. 133; amended in its entirety 6-14-2004 by Ord. No. 290. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Adult entertainment — See Ch. 71.
Uniform construction codes — See Ch. 112.
There is hereby established a Richland Township Administrative Board of Appeals.
A. 
The owner of a building or structure, officer or agency of the Township, or any other person aggrieved, may appeal to the Richland Township Administrative Board of Appeals any decision or interpretation of the respective Codes Enforcement Officer(s), or his/its duly appointed representatives, of the provisions or of the rules and regulations promulgated by the Pennsylvania Department of Labor and Industry, of the building codes or that the provisions of the respective building codes do not fully apply, or an equally good or better form of construction can be used.[1]
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform.
B. 
Any person aggrieved by any decision or interpretation of the Adult Entertainment Ordinance (No. 262)[2] providing for the licensing and regulating of sexually oriented businesses and employees may appeal said decision or interpretation to the Richland Township Administrative Board of Appeals.
[2]
Editor's Note: See Ch. 71, Adult Entertainment.
The Richland Township Administrative Board of Appeals shall, unless otherwise appointed by the Richland Township Supervisors, by resolution, consist of the members of the Richland Township Zoning Board of Appeals, or the Richland Township Supervisors may, by resolution, appoint five other individuals to the Administrative Board of Appeals who shall serve as follows: one member to be appointed for five years, one member to be appointed for four years. one member to be appointed for three years, one member to be appointed for two years and one member to be appointed for one year; and thereafter, each new member to serve for five years or until his successor has been appointed or at the pleasure of the Board of Supervisors.
A member of the Board of Appeals shall be qualified by training and experience to pass on matters pertaining to building construction. Training and experience may consist of licensing as an architect or engineer, experienced in the construction industry, in training or experience as an inspector or plan reviewer. A member of the Township governing body and its code administrators may not serve on the Board of Appeals. The Township may fill a position on the Board of Appeals with a qualified person who resides outside of the Township when they cannot find a person within the Township who satisfies the requirements of this section.
A. 
The Board shall elect its own Chairman, Vice Chairman and Secretary, who shall serve for one year.
B. 
The Board shall adopt such rules and regulations as it may deem necessary to effect the provisions of the respective building codes,[1] the Adult Entertainment Ordinance (No. 262)[2] and this chapter.
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform.
[2]
Editor's Note: See Ch. 71, Adult Entertainment.
C. 
The Board may employ secretaries, counsel and other personnel within the limits of funds appropriated by the Board of Supervisors.
D. 
The members of the Board shall not receive compensation for their services unless the Supervisors fix a rate of compensation, by resolution.
A. 
The Board shall have the power to hear and decide all appeals made pursuant to § 6-2.
B. 
Except as prohibited in § 403.121 (g) of the rules and regulations of the Pennsylvania Department of Labor & Industry (34 P.a.B 319) relating to matters of accessibility, when hearing an appeal concerning the building codes, and exercising the above power, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from such order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the respective Codes Enforcement Officer from whom the appeal was taken. Every change granted or denied by the Board shall be accompanied by written findings of fact, based on sworn testimony and evidence specifying the reason for granting or denying the appeal and/or variation from the respective building code and/or Adult Entertainment Ordinance requirement(s).[1] In ruling upon appeals from the building codes, the Board of Appeals may consider the following factors when ruling upon the request for an extension of time or a request for a variance:
(1) 
The reasonableness of the building codes application in a particular case;
(2) 
The extent to which the granting of a variance or an extension of time will pose a violation of the building codes or an unsafe condition;
(3) 
The availability of professional or technical personnel needed to come into compliance;
(4) 
The availability of materials and equipment needed to come into compliance;
(5) 
The efforts being made to come into compliance as quickly as possible;
(6) 
Compensatory features that will provide an equivalent degree of protection to the building codes; and
(7) 
In matters of dealing with the interpretation of the building codes, the Board of Appeals may:
(a) 
Deny the request in whole or in part;
(b) 
Grant the request in whole or in part;
(c) 
Grant the request upon certain conditions being satisfied.
[1]
Editor's Note: See Ch. 112, Construction Codes, Uniform, and Ch. 71, Adult Entertainment, respectively.
C. 
The concurring vote of the majority of the members of the Board present at the hearing shall be necessary to reverse an order, requirement, decision or determination of the respective Codes Enforcement Officer or to decide in favor of the appellant to grant a variation from the respective requirement.
A. 
The Board may make, alter and rescind rules and forms for its procedures.
B. 
The appellant shall file his appeal to the Board and the respective Codes Enforcement Officer on the approved form within 30 days from the decision or action of the respective Codes Enforcement Officer specifying the reasons for the appeal and pay the appropriate appeal fee. The appeal fee shall be established by the Township Supervisors, by resolution.
C. 
Upon filing of an appeal and payment of the appeal fee, the Board shall fix a reasonable time and place for a public hearing and render a written decision within 60 days of the receipt of the appeal application. Notice of said public hearing shall be given by mailing notice to the applicant and the respective Codes Enforcement Officer, by publication in a newspaper of general circulation in the Township and by posting a copy of the notice prominently at the Township Municipal Building. Public notice of the hearing shall be given at least three days prior to the time of the first hearing and at least 24 hours in the case of a rescheduled or continued hearing.
D. 
Notice of the written decision of the Board shall be given to the applicant, the respective Codes Enforcement Officer or any party requesting same, mailed not later than the day following its date.
E. 
Unless agreed to by the applicant in writing, if the board fails to schedule a hearing and render a decision within 60 days of the date of the receipt of the appeal application, it shall be deemed that the Board decided in favor of the applicant.
Any party before the Board, or any officer or agency of the Township, may appeal the decision of the Board to the Cambria County Court of Common Pleas within 30 days after the date of the mailing of the decision pursuant to the Pennsylvania Judicial Code, 42 Pa. C.S.A. § 5571 et seq.