(a) Creation of the Zoning Hearing Board. A Zoning Hearing Board (ZHB) for the township shall be appointed by the Board of Commissioners and shall be authorized to administer all procedures charged to such boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended, being 53 P.S. §§ 10901 et seq. Hereinafter, as used in this chapter, the term BOARD shall refer to the Zoning Hearing Board, and the term PLANNING CODE shall refer to the Pennsylvania Municipalities Planning Code Act 247, as amended, being 53 P.S. §§ 10101 et seq.
(b) Membership of the Board. The Board shall consist of five residents of the township. Their terms of office shall be five years and shall be so fixed that the term of office of one member shall expire each year. The Board shall promptly notify the Township Commissioners of any vacancies. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members of the Board shall hold no other elected or appointed office in the township.
(c) Removal of members. Any member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of Township Commissioners taken after the member has received 15 days’ advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing.
(d) Organization of the Board.
(1) The Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than the majority of all members of the Board, but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Board. As provided for in the Planning Code, the Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Board, as provided in § 908 of the Planning Code.
(2) The Board shall adopt rules and forms for its procedure in accordance with the provisions of this title. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Township Secretary and shall be a public record.
(4) The Board shall submit a report of its activities to the Township Commissioners as requested.
(e) Expenditures for services. Within the limits of funds appropriated by the Township Commissioners, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Board may receive compensation for the performance of their duties, as may be fixed by the Township Commissioners, but in no case shall it exceed the rate of compensation authorized to be paid to members of the Board of Commissioners.
(Ord. 896, passed 12-21-2011)