The following regulations shall govern the Zoning Hearing Board:
A. Creation and appointment.
(1)
The membership of the Zoning Hearing Board shall consist of
three residents of the Borough appointed by resolution of the Borough
Council. Their terms of office shall be three years and shall be so
fixed that the terms of office of one member shall expire each year.
The Zoning Hearing Board shall promptly notify the Borough Council
of any vacancies that occur. Appointments to fill vacancies shall
be only for the unexpired portion of the term. Members of the Zoning
Hearing Board shall hold no other office in the municipality.
(2)
The Borough Council may appoint by resolution at least one but
no more than three residents of Zelienople Borough to serve as alternate
members of the Board. The term of office of an alternate member shall
be three years. Alternates shall hold no other elective or appointive
office in the Borough. Any alternate may participate in proceedings
or discussions of the Board but shall not be entitled to vote as a
member of the Board nor be compensated unless designated as a voting
alternate member pursuant to the following process:
(a)
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.
(b)
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.
(c)
Designation of an alternate shall be made on a case-by-case
basis in rotation according to declining seniority among all alternates.
B. 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 by law. The Board may make, alter and rescind
rules and forms for its procedure, consistent with ordinances of the
municipality 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 once a year.
C. 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 may receive similar compensation when designated to participate in hearing as specified in §
280-1501A(2), above.
D. The Zoning Hearing Board may employ or contract for and fix the compensation
of legal counsel, as the need arises. The legal counsel shall be an
attorney other than the Borough Solicitor. The Board may also employ
or contract for and fix the compensation of experts and other staff
and may contract for services as it shall deem necessary. The compensation
of legal counsel, experts and staff and the sums expended for services
shall not exceed the amount appropriated by the Borough Council for
this use.
The Borough Council shall set and adopt a reasonable schedule
of fees and charges as well as collection procedures for permits,
conditional uses, special exceptions, variances, amendments and other
administrative procedures pertaining to this chapter and may prescribe
reasonable fees with respect to hearing before the Zoning Hearing
Board. Fees for these hearings may include compensation for the secretary
and members of the Zoning Hearing Board, notice and advertising costs
and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Zoning
Hearing Board, expenses for engineering, architectural or other technical
consultants or expert witness costs.