An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of Chapter 268, Zoning, or Official Map in accordance with the provisions of § 38-18 and N.J.S.A. 40:55D-72 et seq.
A.
Any interested party may appeal to the Township Council any final decision of the Planning Board or Zoning Board of Adjustment. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 38-31C. The appeal to the Township Council 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 name and address of his attorney, if represented. Such appeal shall be decided by the Township Council only upon the record established before the Planning Board or Zoning Board of Adjustment.
B.
Notice of the meeting to review the record shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 38-31B 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 argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcripts of such meeting pursuant to § 38-27F.
C.
The Township Council shall conclude a review of the record within the time limits prescribed by law as may be extended. In all appeals, except for an appeal resulting from the granting of a variance by the Zoning Board of Adjustment under authority of N.J.S.A. 40:55D-70d, the appellant shall provide and assume the expense for an original and six copies of a transcript for use by the Township Council pursuant to § 38-27F. In the event of an appeal from a decision of the Zoning Board of Adjustment granting a variance pursuant to N.J.S.A. 40:55D-70d, the appellant shall pay the first $50 of the cost of production of the aforesaid transcripts, and the Township of Cedar Grove and the appellant shall share equally in the cost of production of the transcripts above such amount.
[Amended 12-5-1983 by Ord. No. 83-208]
D.
The Township Council may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Planning
Board or Zoning Board of Adjustment, as the case may be.
E.
The affirmative vote of a majority of the full authorized
membership of the Township Council shall be necessary to reverse,
remand and/or modify any final action of either Board.
F.
An appeal to the Township Council 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 Council, after a 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 court order.
G.
The Township Council shall mail a copy of the decision
to the appellant or, if represented, then to his attorney, without
separate charge, and for a fee to be established by it to any interested
party who has requested in writing a copy of the decision, not later
than 10 days after the date of the decision. The Township Clerk shall
cause a brief notice of the decision to be published in the official
newspaper of the Township, shall charge the appellant the fee prescribed
by the Township Council and shall provide the appellant with proof
of publication. The applicant may also arrange publication at his
option. The time to file a notice of appeal shall commence to run
from the first publication of the decision, by whomever arranged.
H.
Nothing in this chapter shall be construed to restrict
the right of any party to obtain a review by any court of competent
jurisdiction according to law.
[Amended 4-4-1977 by Ord. No. 77-41]
