[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.
