Any interested party may appeal to the Township
Council any final decision of the Zoning Board of Adjustment approving
an application for development 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 pursuant to N.J.S.A.
40:55D-10.
An appeal shall be made by serving the Township
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,
if represented, his/her attorney. Such appeal shall be decided by
the Township Council only upon the record established before the Planning
Board or Zoning Board of Adjustment.
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of the decision pursuant to § 18-32B, and to the Board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written arguments on the record at such meeting, and the Township Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 18-28F.
The appellant shall, within five days of service
of the notice of appeal, arrange for a transcript of the hearing below
for use by the Township Council, and pay a deposit of $50 or the estimated
cost of such transcript, whichever is less, or within 35 days of service
of the notice of appeal, submit a transcript as otherwise arranged
to the Township Clerk; otherwise, the appeal may be dismissed for
failure to prosecute.
The Township Council shall conclude a review
of the record below not later than 95 days from the date of publication
of notice of the decision below, unless the applicant consents, in
writing, to an extension of such period. Failure of the Township Council
to hold a hearing and conclude a review of the record below and to
render a decision within such specified period, without the written
consent of the applicant, shall constitute a decision affirming the
action of the Board.
An appeal to the Township Council shall stay
all proceedings based on the decision appealed from unless the Board
from whose action the appeal is taken certifies to the Township Council,
after the notice of appeal has 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 order of the Superior Court on application,
upon notice to the Board from whom the appeal is taken and on good
cause shown.
A.
The Township Council may reverse, remand or affirm
with or without the imposition of conditions, the final decision of
the Board. The review shall be made on the record made before the
Board.
B.
The affirmative vote of a majority of the full authorized
membership of the Township Council shall be necessary to reverse,
remand or affirm with or without conditions any final action of the
Board.
A.
The Township Council, not later than 10 days after
the date of the decision, shall mail a copy of the decision to the
appellant or, if represented, to the appellant's attorney, without
separate charge. Additionally, a copy of the decision shall be mailed
to any interested party upon request and payment of the fee established
in N.J.S.A. 47:1A-2.[1]
[1]
Editor's Note: N.J.S.A. 47:1A-2 was repealed
by L. 2001, c. 404, § 17. See now N.J.S.A. 47:1A-5.
B.
A brief notice of the decision shall be published
in the official newspaper of the Township. Such publication shall
be arranged by the Township Clerk, who shall charge the appellant
for the cost of publication, but nothing contained herein shall be
construed as preventing the applicant from arranging publication if
(s)he so desires.
C.
The period of time in which an appeal to a court of
competent jurisdiction may be made shall run from the date of first
publication, whether arranged by the Township or the applicant.
Nothing herein shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
