76-611. Creation and membership.

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

The second member shall be a member of the township board, appointed by the township board.

The remaining members shall be selected and appointed by the township board from the electors of the township residing outside of incorporated cities and villages, which members shall be representative of the population distribution and of the various interests present in the township. An elected officer of the township shall not serve as chairman of the zoning board of appeals. Further, an employee or contractor of the township board may not serve as a member or an employee of the zoning board of appeals.

The terms of each member shall be for three years, except that of the members first appointed, two shall serve for one year; the next appointed two shall serve for two years; and the remaining members for three years. A successor shall be appointed not more than one month after the term of the preceding member has expired. All vacancies for unexpired terms shall be filled for the remainder of the term.

The township board may appoint up to two alternate members for the same term as regular members of the zoning board of appeals. 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 if a regular member is absent from or unable to attend one or more consecutive meetings of the zoning board of appeals. 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. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the zoning board of appeals.

Members of the zoning board of appeals shall be removable by the township board for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself from a vote in which he has a conflict of interest. Failure of a member to disqualify himself from a vote in which he has a conflict of interest shall constitute malfeasance in office.

A township board of appeals shall not conduct business unless a majority of the members of the board are present.

The members of the board of appeals shall be selected by the township board at a regular scheduled meeting. The board of appeals may elect one of its members as chairman, vice chairman and secretary.