City of Clifton, NJ Appeals

[1]

Editor's Note: Former § 57-39, Appeals from Planning Board to governing body, was repealed 7-2-1984 by Ord. No. 4902-84. This ordinance also provided that any application for development submitted before the effective date of this ordinance may be continued at the option of the applicant, and the Planning Board and Zoning Board of Adjustment shall have every power they possessed before the effective date of this ordinance in regard to any such application.

[Amended 8-15-1995 by Ord. No. 5758-95]

Any interested party may appeal to the Municipal Council any final decision of the Board of Adjustment approving an application for development pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10). The appeal to the Municipal Council shall be made by serving the Municipal 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 the name and address of his attorney, if represented. Such appeal shall be decided by the Municipal Council only upon the record established before the Board of Adjustment.

Notice of the meeting to review the record below shall be given by the Municipal Clerk, on behalf of the Municipal Council, by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to Subsection h of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10) and to the Board of Adjustment 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 Municipal Council shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection f of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10).

Preparation of transcript.

(1)

The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection A hereof, arrange for a transcript for use by the Municipal Council in one of the following ways:

(a)

By paying a deposit of $50 or the estimated cost of such transcript, whichever is less, to the Municipal Clerk for the preparation of the transcript by the City; or

(b)

Within 35 days of service of the notice of appeal, submit 10 copies of a transcript arranged for by the appellant to the Municipal Clerk and serve a copy of the same upon the applicant.

[1]

If the transcript is prepared by the City of Clifton, the appellant shall be required to pay the balance due for the preparation of the transcript, if any, before the hearing is held by the Municipal Council. The Municipal Clerk shall be required to serve a copy of the transcript upon the applicant.

(2)

In the event that the appellant does not comply with either Subsection C(1)(a), (b) or (b)[1] above, the appeal may be dismissed for failure to prosecute.

Upon receipt of the notice of appeal by the Municipal Clerk, the Municipal Clerk shall forward a copy of the same to the Municipal Council, the City Manager, the Municipal Attorney and the Municipal Construction Official. In addition, the Municipal Clerk shall give a copy of this section to the appellant. Upon receipt of the notice of appeal by the Municipal Council, the Municipal Council shall set a hearing date, said hearing date to be not more than 60 days from the date of publication of the notice of the decision of the Board of Adjustment. The hearing date and the status of the appeal shall be put on all future Municipal Council agenda as a carried item until such time as the hearing has been concluded.

The Municipal 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 pursuant to Subsection i of Section 6 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents in writing to an extension of such period. Failure of the Municipal Council 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.

The Municipal Council 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 Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). 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 Municipal Council 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 Municipal Council shall constitute affirmance of the decision of the Board of Adjustment.

An appeal to the Municipal Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Board of Adjustment certifies to the Municipal Council 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 of Adjustment and on good cause shown.

The Municipal Council shall mail a copy of the 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 City of Clifton. Such publication shall be arranged by the applicant, and a copy of said publication shall be filed with the Municipal Clerk within 20 days after the date of the publication. In the event that the Municipal Clerk does not receive a copy of said publication within said twenty-day time period, the Municipal Clerk shall arrange for the publication required herein. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the date of the publication of the decision of the Municipal Council.

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.

[Added 6-21-1977 by Ord. No. 4405-77; amended 11-5-1979 by Ord. No. 4528-79; 1-3-1980 by Ord. No. 4543-80]

At the time of the filing of a notice of appeal from a decision of the Zoning Board of Adjustment or the Planning Board to the governing body, no filing fee shall be required of the applicant.

[Amended 12-16-1986 by Ord. No. 5127-86]

The appellant shall, not later than 14 days after receipt of the transcript of the proceedings before the Zoning Board of Adjustment or the Planning Board, as the case may be, file with the City Clerk the original and nine clear copies of the transcript of said proceedings and shall make available to one of the respondents for the use of all respondents an additional copy of said transcript.

All costs for the transcripts hereinabove mentioned shall be paid by the appellant. At the time of filing the notice of appeal, the appellant shall deposit with the City Treasurer such sum as the administrative officer may, in his discretion, require on account of costs for procuring said transcripts. Said deposit shall be made no later than 10 days after notice from the administrative officer of the sum required therefor. The appellant shall remain responsible for all costs necessary to procure the transcripts and shall be charged or credited in accordance with the actual costs for reproducing said transcripts.