An appeal to the Board of Adjustment may be taken by any interested
party whose right to use, acquire or enjoy property is or may be affected
by a decision of the Administrative Officer of the municipality based
on or made in the enforcement of this chapter or Official Map. Such
appeal shall be taken within 20 days by filing a notice of appeal
in the manner set forth in this chapter and in accordance with the
provisions of N.J.S.A. 40:55D-72 et seq.
A.
Any interested party may appeal to the governing body any final decision of a Board of Adjustment approval of an application for development under § 51-20D. Such appeal shall be made within 10 days of the date of publication of such final decision. A brief notice of the decision shall be published in the official newspaper of the municipality. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or by the applicant. The appeal of the governing body shall be made by serving the Municipal Clerk, in person or by certified mail, with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board or Board of Adjustment.
B.
Notice of the meeting to review the record shall be given by the
governing body by personal service or certified mail to the appellant,
to those entitled to notice of a decision and to the Board from which
the appeal is taken at least 10 days prior to the date of the meeting.
A copy of the decision shall be mailed by the municipal agency within
10 days of the date of decision to the applicant or, if represented,
then to his attorney, without separate charge, and to all who request
a copy of the decisions for a reasonable fee. A copy of the decision
shall also be filed by the municipal agency in the office of the Administrative
Officer. The Administrative Officer shall make a copy of such filed
decision available to any interested party for a reasonable fee and
available for public inspection at his office during reasonable hours.
The parties may submit oral and written argument on the record at
such meeting, and the governing body shall provide for verbatim recording
and transcripts of such meeting. The municipal agency shall provide
for the verbatim recording of the proceedings by either stenographer,
mechanical or electronic means. The municipal agency shall furnish
a transcript or duplicate recording in lieu thereof, on request, to
any interested party at his expense. The municipal agency, in furnishing
a transcript of the proceedings to an interested party at his expense,
shall not charge such interested party more than the maximum permitted
in N.J.S.A. 2B:7-4. Said transcript shall be certified, in writing,
by the transcriber to be accurate.[1]
C.
The appellant shall, within five days of service of the notice of
the appeal, arrange with the certified court reporter for a transcript
for use by the governing body and pay a deposit of $50 or the estimated
cost of such transcription, whichever is less, or within 35 days of
service of the notice of appeal submit a transcript as otherwise arranged
to the Municipal Clerk; otherwise, the appeal may be dismissed for
failure to prosecute. The governing body shall conclude a review of
the record below not later than 95 days from the date of publication
of the notice of the decision below unless the applicant consents,
in writing, to an extension of such period. Failure of the governing
body to hold a hearing and conclude a review of the record below and
to render a decision within such specified period shall constitute
a decision affirming the action of the Board.
D.
The governing body may reverse, remand or affirm, with or without
the imposition of conditions, the final decision of the Board of Adjustment
approving a variance granted. The review shall be made on the record
made before the Board of Adjustment.
E.
The affirmative vote of a majority of the full authorized membership
of the governing body shall be necessary to reverse, remand or affirm,
with or without conditions, any final action of the Board of Adjustment.
F.
An appeal to the governing body shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the Board from whose action the appeal is taken certifies to
the governing body, after the notice of appeal shall have been filed
with such Board, that by reason of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by an order
of the Superior Court on application, upon notice to the Board from
whom the appeal is taken, and on good cause shown.
G.
The governing body shall mail a copy of the decision to the appellant
or, if represented, then to his attorney, without separate charge,
and for a reasonable charge to any interested party who has requested
it, not later than 10 days after the date of the decision. A brief
notice of the decision shall be published in the official newspaper
of the municipality. The period of time in which an appeal to a court
of competent jurisdiction may be made shall run from the first publication,
whether arranged by the municipality or the applicant.
H.
Nothing in this section shall be construed to restrict the right
of any party to obtain a review by any court of competent jurisdiction
according to law.
