Borough of Pennington, NJ
Mercer County
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Table of Contents
Table of Contents
[Amended 12-29-1999 by Ord. No. 99-16]
Any interested party may appeal to the governing body of any final decision of the Planning Board or the Planning Board acting as a Board of Adjustment where that Board is charged with site plan review, on any application for site plan approval. Such appeal shall be made within 10 days of the date of such final decision. The appeal to the governing body shall be made by serving the Borough 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 the name and address of his or her attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board or Planning Board acting as a Board of Adjustment.
[Amended 12-29-1999 by Ord. No. 99-16]
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant and to the Planning Board or the Planning Board acting as a Board of Adjustment, as the case may be, at least 10 days prior to the date of the meeting. 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 governing body shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant and the applicant consent in writing to an extension of such period. The appellant shall arrange for a transcript for use by the governing body. 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, without such written consent of the appellant and the applicant, shall constitute a decision affirming the action of the Board.
[Amended 12-29-1999 by Ord. No. 99-16]
The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board or the Planning Board acting as a Board of Adjustment, as the case may be.
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of either Board.
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 applicable Board certifies to the governing body, after the notice of appeal shall have been filed, that by reasons 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 applicable Board and on good cause shown.
The governing body shall mail a copy of the decision to the appellant or if represented then to his or her 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. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the date of that publication.