A.
Appointment.
(1)
The Zoning Hearing Board shall be continued and shall consist of three residents of the Borough appointed by Borough Council.
(2)
Board members shall serve terms of three years, so fixed that the term of office of no more than one member shall expire each year.
(3)
Board members may hold no elected Borough offices.
(4)
Borough Council may appoint at least one but no more than three Borough residents to serve as alternate members of the Board. An alternate member shall serve a term of three years. An alternate serving in place of a regular Board member shall be entitled to participate in all proceedings and discussions of the Board to the same extent as Board members, shall have all the powers and duties set forth in this act and as otherwise provided by law, and shall have the right to cast a vote. An alternate, not serving in place of a regular Board member, may participate in proceedings or discussions of the Board, but shall not be entitled to vote. Alternates shall hold no elected Borough or be the Zoning Officer or a member of the Planning Commission.
B.
Removal of members. Board members may be removed for malfeasance, misfeasance, nonfeasance, or just cause by vote of Borough Council, taken after giving the member 15 days' advance notice of the intent to take a vote. A hearing shall be held prior to the vote if the member requests it in writing in advance of the meeting.
D.
Organization.
(1)
Officers. The Board shall elect officers from its own membership. Officers shall serve annual terms and may succeed themselves.
(2)
Quorum. To conduct hearings and take action, a quorum shall be not less than a majority of all members of the Board, except for the following:
(3)
Rules. The Board may make, alter, and rescind rules and forms for its procedure, consistent with all applicable Borough ordinances and state law.
E.
Records. The Board shall keep full public records of its business, which records shall be the property of the Borough, and shall submit reports of its activities to Borough Council as requested by Borough Council.
F.
Jurisdiction. The Board shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
(1)
Substantive challenges to the validity of any land use ordinance, except those brought before Borough Council as a curative amendment.
(2)
Challenges to the validity of a land use ordinance raising procedural questions or alleging defects in the enactment or adoption of the ordinance; challenges shall be raised by an appeal taken within 30 days after adoption of the ordinance.
(3)
Appeals from the determination of the Zoning Officer, including, but not limited to, the granting or denial of any permit, failure to act upon an application, the issuance of a cease and desist order, and registration or refusal to register a nonconforming use, building, structure, or lot.
(5)
Applications for variances from the terms of this chapter, Chapter 203, Floodplain Management, or the provisions within a land use ordinance.
(6)
Applications for special exceptions under this chapter, Chapter 203, Floodplain Management, or the provisions within a land use ordinance.
(7)
Appeals from determinations of officers or agencies charged with the administration of transfer of development rights or performance density provisions under this chapter.
(8)
Appeals from the Zoning Officer's determinations.