[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.]
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]
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.
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.
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
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.
