The township zoning board of appeals (hereinafter referred to as "ZBA") is created pursuant to Public Act 110 of 2006, as amended.

A.

Membership and operation.

1.

Regular members. The ZBA shall consist of five members who shall be appointed in accordance with Section 601 of Michigan Public Act 110 of 2006, as amended, as follows:

a.

The first member shall be a member of the planning commission.

b.

The remaining members, and any alternate members, shall be electors of the township residing within the zoning jurisdiction of the township, and shall be representative of the population distribution and of the various interests present in the township.

c.

Of the remaining members, one shall be a member of the township board, but may not serve as chairperson.

2.

Terms of office. The terms of office for members shall be for three years, except for the members who are also members of the planning commission or township board. In that case, those members shall be limited to the time they are members of those bodies. A successor shall be appointed not more than one month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.

3.

Alternate members. The township board may appoint not more than two alternate members for the same term as regular members to the zoning board of appeals. If called to serve in the manner described below, an alternate member shall have the same voting rights as a regular member.

a.

An alternate member may be called to sit as a regular member of the zoning board of appeals in the absence of a regular member.

b.

An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. In this instance, the alternate member shall serve until a final decision has been made on the case.

4.

Employees or contractors not eligible. No employee or contractor of the township may be a member or employee of the board of appeals. No elected officer of the township may serve as chairman of the board of appeals.

5.

Operation. The qualifications of members, the term of each member, filling of vacancies, compensation of members, and operation of the ZBA shall be in accordance with Act 184. The ZBA shall not conduct business unless a majority of the members of the board are present.

6.

Removal and disqualification. A member of the ZBA may be removed by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after public hearing. A member shall disqualify himself or herself from a vote in which they have a conflict of interest. Failure to disqualify oneself from a vote in which there is a conflict of interest constitutes malfeasance in office.

B.

Meetings. Meetings of the ZBA shall be held in accordance with an adopted schedule, or at the call of the chairman, or at such other times as the ZBA may specify in its rules and procedures. The ZBA shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the township clerk.

C.

Jurisdiction. The ZBA shall have the authority outlined in section 8.02.