[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No.
21-1981; 5-21-1992 by Ord. No. 9-1992; 3-16-1995 by Ord. No.
10-1995; 12-27-2005 by Ord. No. 38-2005]
An appeal to the Land Use Planning Board may
be taken by any interested party affected by any decision of an official
based on or made in the enforcement of this chapter or Official Maps.
Such appeal shall be taken within 65 days by filing a notice of appeal
with the official from whom the appeal is taken, specifying the grounds
of such appeal. The official from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken. However, an applicant for
development may file such an application with the Land Use Planning
Board for action under any of its powers without prior application
to an official.
A.Â
An appeal from any final decision of the Land Use
Planning Board approving an application for development, pursuant
to the provisions of N.J.S.A. 40:55D-70d or of the Land Use Planning
Board granting preliminary approval of a major subdivision, may be
taken to the Township Council, provided that such appeal shall be
made within 10 days of the date of publication of such final decision
of the Land Use Planning Board. Such appeal shall be made by serving
the Township Clerk, in person or by certified mail, with a notice
of appeal specifying the grounds of such appeal, the name and address
of the appellant, and, if represented, his or her attorney. Such appeal
shall be decided by the Township Council only upon the record established
before the Board from which the appeal is taken.
B.Â
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision, pursuant to § 95-31B and to the Land Use Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record of such meeting. The appellant, within five days of service of the notice of appeal, shall arrange for a transcript for use by the Township Council and pay a deposit of $50, or the estimated cost of such transcription, whichever is less, if the appeal is from the granting of preliminary approval of a major subdivision; or, within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Township Clerk. Otherwise, the appeal may be dismissed for failure to prosecute. If the appeal is from the approval of an application for development, pursuant to the provisions of N.J.S.A. 40:550-70(d), the Township Council shall provide the transcript.
C.Â
The Township Council shall conclude a review of the
record below no later than 95 days from the date of publication of
notice of the decision below, unless the applicant consents in writing
to an extension of such period. Failure of the Township Council to
hold a hearing and conclude a review of the record below and to render
a decision within such specified period, without such written consent
of the appellant, shall constitute a decision affirming the action
of the Board.
