Borough of Mendham, NJ Article XV Appeals; Violations and Penalties

§ 195-72 Appeal procedure.

A. Any interested party desiring to appeal any final decision of the Board of Adjustment granting a use variance pursuant to N.J.S.A. 40:55D-70d shall appeal to the governing body.

[Amended 4-21-1980 by Ord. No. 8-80]

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 applicant 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 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 meeting.

D. Decision by governing body.

[Amended 6-7-1999 by Ord. No. 15-99]

(1) The governing body shall conclude a review of the record below not later than 95 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such time period.

(2) The appellant, within five days of service of the notice of the appeal, shall arrange for a transcript or otherwise 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 the specified time period, without written consent to an extension in time by the appellant, shall constitute a decision affirming the action of the approving authority.

(3) Power to reverse, remand or affirm.

(a) The governing body may reverse, remand or affirm with or without the imposition of conditions the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70. The review shall be made on the record made before the Board of Adjustment.

(b) The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse or remand to the Board of Adjustment or to impose conditions on or alter conditions to any final action of the Board of Adjustment. Otherwise the final action of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the governing body shall constitute affirmance of the decision of the Board of Adjustment.

E. Effect of appeal. 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 fact 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 from whom the appeal is taken and on good cause shown.

F. Notice of decision. The governing body shall mail a copy of the decision to the appellant or, if represented, to his or her attorney without separate charge and, for a charge as set forth in Chapter 102, Fees, to any interested party who 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 Mendham Borough. Such publication shall be arranged by 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 the first publication by the Borough.

§ 195-73 Penalty for premature sale.

A. If, before final subdivision approval has been granted, any person transfers or sells or agrees to sell, except pursuant to an agreement expressly conditioned on final subdivision, as owner or agent any land which forms a part of a subdivision for which Borough approval is required, such person shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each lot disposition shall be deemed a separate violation.

[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]

B. Civil action. In addition to the foregoing, Mendham Borough may institute and maintain a civil action:

(1) For injunctive relief.

(2) 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 on transferee, purchaser or grantee. In any such action, the transferee, purchaser or grantee is 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 or her 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 expense, if any. Any such action must 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.

§ 195-74 Violations and penalties.

[Amended 6-7-1999 by Ord. No. 15-99; 4-2-2007 by Ord. No. 3-07]

Any person, firm or corporation violating any of the provisions of this chapter shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code. Each day that a violation occurs or is committed shall constitute a separate offense.