Borough of Fort Lee, NJ Article IV Appeals

§ 261-36 Appeals to Zoning Board of Adjustment.

An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the Borough based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 261-19A and in accordance with the provisions at Article 9 of the Municipal Land Use Law, N.J.S.A. 40:55D-69 et seq.

§ 261-37 Appeals from Zoning Board of Adjustment to Borough Council.

A. Any interested party may appeal to the governing body any final decision of the Board of Adjustment granting a variance pursuant to N.J.S.A. 40:55D-70(d). Such appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving a Municipal Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof, the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.

B. Notice of the meeting to review the record below shall be given by the Borough Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to law and to the Board of Adjustment at least 10 days prior to the date of the meeting. The parties may submit oral and written agreement on the record at such meeting, and the Borough Council shall provide for verbatim recording and transcript of such meeting.

C. The appellant shall either, within five days of service at the notice of appeal pursuant to Subsection A hereof, pay to the Secretary of the Board of Adjustment a deposit of $150 for preparation by said Board of eight copies of the transcript of the Board's proceedings for use by the governing body (Said deposit shall represent the estimated cost of providing eight transcripts. If the actual cost exceeds the deposit, the balance shall be remitted by the appellant within seven days of notification by the Board.) or, within 35 days of service of notice of appeal, submit eight copies of the transcript of the Board's proceedings to the Borough Clerk for use by the governing body. Failure of the appellant to comply with the above may result in the dismissal of the appeal for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of filing the notice of appeal unless special circumstances exist which justify the governing body to extend this period for a reasonable time. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the aforementioned time period shall constitute an affirmance of the Board's decision.

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 pursuant to N.J.S.A. 40:55D-70(d). 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. Any appeal to the Borough Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board of Adjustment certifies to the Borough Council after the notice of appeal shall have been filed with such Board, that by reasons of fact 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 Borough Council 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 Borough. Such publication shall be arranged by the applicant. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication.