[Added by 11-10-2016 by Ord. No. 2016-11[1]]
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
An appeal to the Land Use Board may be taken by any interested party affected by any decision of the administrative officer of the Township based on or made in the enforcement of Chapter 550, Zoning, or the official map. Such appeal shall be taken within 20 days by filing a notice of appeal in the manner set forth in § 45-20A of this chapter, and in accordance with the provisions of N.J.S.A. 40:55D-64 et seq. of the Municipal Land Use Law of 1975, as amended.
[Amended 11-10-2016 by Ord. No. 2016-11[1]]
An appeal from any final decision of the Land Use Board granting
a use variance, pursuant to the provisions of N.J.S.A. 40:55D-70(d),
may be taken to the Township Committee, provided such appeal shall
be made within 10 days of the date of publication of such final decision
of the Land Use Board. Such appeal shall be made by serving the Township
Clerk in person, or by certified mail, with the notice of appeal,
together with a filing fee of $100 and such appeal shall be made in
accordance with the provisions of N.J.S.A. 40:55D-17.
[1]
Editor's Note: This ordinance provided an effective date of
1-1-2017.
Any appellant shall, within five days of service of the notice
of appeal as hereinabove provided, arrange for a typed or written
transcript to be prepared, pursuant to N.J.S.A. 40:55D-10, for use
by the Township Committee and shall pay a deposit of $50 or the estimated
cost of such transcript, whichever is less. If the appellant is not
obtaining the transcript from the municipal agency, then he shall,
within 35 days of the service of the notice of appeal, submit a transcript
as otherwise obtained to the Township Clerk. Otherwise, the appeal
may be dismissed for failure to prosecute. Any charge by the municipal
agency for furnishing a transcript of proceedings to an interested
party shall not exceed the maximum permitted in N.J.S.A. 2A:11-15,
and such transcript shall be certified in writing by the transcriber
to be accurate.
A.
The Township Committee shall conclude a review of the record below
no later than 95 days from the date of publication of notice of the
decision below made, pursuant to N.J.S.A. 40:55D-10, unless the applicant
consents in writing to an extension of such period. Failure of the
Township Committee 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.
C.
The affirmative vote of a majority of the full authorized membership
of the Township Committee shall be necessary to reverse, remand, or
modify any final action of the Board.
D.
An appeal to the Township Committee 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 Township Committee, 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 no good cause shown.
E.
The Township Committee shall mail a copy of its 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 Township.
