A.
Any interested party may appeal to the governing body
the affirmative decision of the Board of Adjustment approving an application
pursuant to N.J.S.A. 40:55D-70d. An appeal from any other final decision
of the approving authority may be taken to the governing body.
B.
Such appeal shall be made within 10 days of the date
of publication of such final decision as provided by law. 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, 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 approving authority.
C.
Notice of meeting. 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, to those entitled to notice
of a decision and to the approving authority 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 meetings pursuant
to law.
D.
Arrangement of transcript. The appellant shall, within five days of service of the notice of the appeal, arrange for a transcript, pursuant to N.J.S.A. 40:55D-10f, for use by the governing body or, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute. Fees for a transcript shall be submitted as provided for in Article III herein.
E.
Decision by the governing body. The governing body
shall conclude a review of the record below not later than 95 days
from the date of publication of notice of the decision below pursuant
to N.J.S.A. 40:55D-10i 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 approving authority.
F.
Action of governing body. The governing body may reverse,
remand or affirm, wholly or in part, or may modify the final decision
of the approving authority. 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 the approving authority.
G.
Appeal stays all proceedings. 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 approving
authority certifies to the governing body, after the notice of appeal
shall have been filed with the approving authority, 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 approving authority and on good cause
shown.
H.
Copy of decision, notice. 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 fee as provided in Article III, 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 Riverdale. Such publication shall be arranged by the Borough Clerk. Nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the date of the first publication whether arranged by the Borough or the applicant.
A.
Premature sale. If, before final subdivision approval
has been granted, any person transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned on
final subdivision approval, as owner or agent, any land which forms
a part of a subdivision for which Borough approval is required by
ordinance, such person shall be subject to a penalty not to exceed
$1,000. Each lot disposition so made may be deemed a separate violation.
B.
Civil action. In addition to the foregoing, the Borough
of Riverdale may institute and maintain a civil action for injunctive
relief and to set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with law by the Borough.
C.
Effect of transference, purchaser or grantee. In,
any such action, the transferee, purchaser or grantee shall be entitled
to a lien upon the portion of the land, from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors to secure the return of any deposits made or purchase
price paid and also a reasonable search fee, survey expense and title-closing
expenses, if any. Any such action shall be brought within two years
after the date of the recording of the instrument of transfer, sale
or conveyance of said land or within six years, if unrecorded.
D.
Other penalties. Any installation of improvements
without having first obtained approval as provided in this chapter
and without approval and inspection of the Borough Engineer, where
required, and as provided in this chapter, or deviation of an approved
plan without written authorization, may, upon conviction, be punished
by a fine not to exceed $250. Each day that a violation occurs or
is committed shall constitute a separate offense.
