Any interested party may appeal to the governing body:
A.
Any final decision of the Board of Adjustment approving an application
for development pursuant to Section 57d of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70d).[1]
[1]
Editor's Note: Original Subsection B, regarding decisions
of the Planning Board, which immediately followed this subsection,
was repealed 9-5-1986.
Any appeal pursuant to § 160-54 shall be made within 10 days of the date of publication of such final decision in accordance with § 160-45 of this chapter. The appeal to the governing body 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 governing body only upon the record established before the Planning Board or Board of Adjustment.
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 pursuant to § 160-44 of this chapter 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 governing body shall provide for verbatim recording and transcripts of such meeting pursuant to § 160-42 of this chapter.
A.
The appellant shall either, within five days of service of the notice of the appeal pursuant to § 160-54 of this chapter, arrange for a transcript pursuant to § 170-42 of this chapter for use by the Township Committee and pay a deposit of $50 or the estimated cost of such transcription, 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.
B.
The Township Committee 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 § 160-45 of this chapter 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 from which the appeal has been taken.
[Amended 9-5-1986]
The Township Committee 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-70d.
The review shall be made on the record made before the Board of Adjustment.
The affirmative vote of a majority of the full authorized membership
of the Township Committee shall be necessary to reverse, remand or
affirm with or without conditions any final action by the Board of
Adjustment.
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 Board from whose action the appeal is taken
certifies to the governing body, after the notice of appeal shall
have been filed with such Board 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 Board from whom the appeal is taken and on good cause shown.
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 charge pursuant to § 160-53C(3) of this chapter 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 municipality, if there is one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the Township Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The governing body shall charge the applicant for the publication in accordance with § 160-53C(4) of this chapter. The 45 days in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the Township or the applicant.
Nothing in this chapter shall be construed to restrict, at any
stage of the proceedings before the Township Committee or any Township
agency, the right of any party to obtain a review by any court of
competent jurisdiction according to law.
