B.
Appointment.
(1)
The Board shall consist of five members to be appointed by Council. The terms of office of the five-member Board shall be five years and shall be so fixed that the term of office of one member shall expire each year. In order to achieve this one-Board-member-per-year replacement, the Council shall follow a revised schedule of Board member terms.
Term Expiration Dates | ||
|---|---|---|
Start of Initial Term | Initial Term (years) | |
12-31-1992 | 3 | |
12-31-1993 | 4 | |
12-31-1994 | 4 | |
12-31-1995 | 5 | |
12-31-1996 | 5 | |
(2)
After this initial term, the successors to all five Board members shall be appointed on the expiration of their respective terms to serve five years. An appointment to fill a casual vacancy shall be only for the unexpired portion of the term. Such appointments to fill such vacancies shall be made in the same manner as the original appointment.
(3)
The Borough Council may appoint by resolution at least one but no more than three residents of the Borough to serve as alternate members of the Board. The term of office of an alternate member shall be three years. When seated pursuant to the provisions of this section, an alternate shall be entitled to participate in all proceedings and discussions of the Board to the same and full extent as provided by law for Board members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties set forth in this chapter and as otherwise provided by law. Alternates shall hold no other office in the Borough, including membership on the Planning Commission and Zoning Officer. Any alternate may participate in any proceeding or discussion of the Board but shall not be entitled to vote as a member of the Board nor be compensated pursuant to Subsection E, Expenditures for services, unless designated as a voting alternate member pursuant to Subsection D, Organization of Board.
C.
Removal of members. A member of the Zoning Hearing Board 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 such member has received 15 days' advance notice of intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.
D.
Organization of 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 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 § 205-44, Hearings and decisions.
(2)
If, by reason of absence or disqualification of a member, a quorum is not reached, the Chairman of the Board shall designate as many alternate members of the Board to sit on the Board as may be needed to provide a quorum. Any alternate member of the Board shall continue to serve on the Board in all proceedings involving the matter or case for which the alternate was initially appointed until the Board has made a final determination of the matter or case. Designation of an alternate pursuant to this section shall be made on a case-by-case basis in rotation according to declining seniority among all alternates.
(3)
The Board may make, alter and rescind rules and forms for its procedure, consistent with ordinances of the Borough and laws of the commonwealth. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit a report of its activities to the Borough Council as requested by the Borough Council.
E.
Expenditures for services. 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. 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 Borough Council. Alternate members of the Board may receive compensation, as may be fixed by the Borough Council, for the performance of their duties when designated as alternate members pursuant to Subsection D above, but in no case shall compensation exceed the rate of compensation authorized to be paid to the members of the Borough Council.