(A) Creation of Board. The Borough Council hereby creates a Zoning Hearing Board, herein referred to as the Board consisting of three residents of the municipality appointed by the Borough Council pursuant to the Pennsylvania Municipalities Planning Code, as amended, who shall perform all the duties and have all the powers prescribed by said Code and as herein provided.
(B) Appointment. One member of the Board shall be designated to serve until the first day of January following the adoption of this chapter, one until the first day of the second January thereafter and one until the first day of the third January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve for a term of three years. Members of the Board shall hold no other office in the municipality except that no more than one member may also be a member of the Borough Planning Commission.
(C) Removal. Any Board member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Borough Council, taken after the member has received 15 days advance notice of the intent to take such a vote. A hearing shall be held if the Board member requests one in writing.
(D) Vacancies. Vacancies shall be filled by appointment by the Borough Council for the unexpired portion of the vacated term.
(E) Compensation and expenditures for service. The members of the Board shall receive such compensation as shall be fixed by the Borough Council by resolution, but in no case shall it exceed the rate of compensation authorized to be paid to the members of the Borough Council. Within the limits of funds appropriated by the Borough Council, the Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services.
(F) Organization. The Board may promulgate such rules and forms for its procedure, not inconsistent with this and other ordinances of the municipality and laws of the commonwealth, as it may deem necessary to the proper performance of its duties and to the proper exercise of its powers. Such rules shall be continued in force and effect until amended or repealed by the Board or by law. The Board shall elect from its own membership its officers; who shall serve annual terms as such, and may succeed themselves.
(G) Meetings. Meetings and hearings of the Board shall be held at the call of the Chairperson and at such other times as the Board, by majority vote, may determine.
(H) Minutes and records. The Board shall keep full public records of its proceedings showing the vote of each member upon each question or if absent or failing to vote indicating such fact. The Board shall also keep full public records of its business and other official action, copies of which shall be filed with the Secretary of the Borough Council. The Board shall submit an annual report of its activities each year to the Borough Council.
(Ord. passed 7-13-2015)