The Borough Council hereby creates a Zoning
Hearing Board for the purpose of hearing requests for variances and
related duties as described in this article. As used in this chapter,
unless the context clearly indicates otherwise, the term "Board" shall
refer to the Zoning Hearing Board.
The Zoning Board of Adjustment in existence
shall hereafter be known as the "Zoning Hearing Board," and the terms
of its members shall continue under and in accordance with the provisions
of this article. Matters pending before the Board of Adjustment at
the time this chapter becomes effective shall continue and be completed
under the former law in effect at the time such Board took jurisdiction
of them.
[Amended 4-13-1994 by Ord. No. 492]
The membership of the Board shall consist of
three residents of the borough appointed by the Borough Council. Their
terms of office shall be three years and shall be so fixed that the
term of office of one member shall expire each year. The Board shall
promptly notify the Borough Council of any vacancy which occurs. Appointments
to fill vacancies shall be only for the unexpired portion of the term.
Members of the Board shall hold no other office in the municipality.
Any Board member may be removed for malfeasance,
misfeasance or nonfeasance in office or for other just cause by a
majority vote of the governing body which appointed the member, taken
after the member has received 15 day's advance notice of the intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request it in writing.
[Amended 4-13-1994 by Ord. No. 492]
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 taking of any action, a quorum shall be not less than a majority of all the members of the Board, but 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 § 205-72. The Board may make, alter and rescind rules and forms for its procedure, consistent with the ordinances of the borough and laws of the commonwealth. The Board shall keep full public records of its business and shall submit a report of its activities to the Borough Council upon request.
Within the limits of funds appropriated by the
governing body, 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 Borough Council, but in no
case shall it exceed the rate of compensation authorized to be paid
to the members of the governing body.
[Amended 4-13-1994 by Ord. No. 492]
The Board shall conduct hearings and make decisions
in accordance with the provisions of 53 P.S. § 10908.
