Development regulations, except for the Official
Map, shall not take effect until a copy thereof shall be filed with
the County Planning Board. A zoning ordinance or amendment or revision
thereto which in whole or in part is inconsistent with or not designed
to effectuate the land use plan element of the Master Plan shall not
take effect until a copy of the resolution required by N.J.S.A. 40:55D-62a
shall be filed with the County Planning Board. The Secretary of the
County Planning Board shall, within 10 days of the date of receipt
of a written request for copies of any development regulation, make
such available to the party so requesting with said Secretary's certification
that said copies are true copies and that all filed amendments and
resolutions are included. A reasonable charge may be made by the County
Planning Board for said copies. The Official Map of the municipality
shall not take effect until filed with the county recording officer.
A.
Any interested party may appeal to the governing body a final decision of the Board of Adjustment approving an application for development pursuant to § 91-150A(4) of this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 91-8 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 therefor 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 Board of Adjustment.
B.
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 § 91-8H 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 a verbatim recording and transcripts of such meetings pursuant to § 91-8F.
C.
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 period. The appellant shall arrange for a transcript pursuant to § 91-8F, or otherwise, for use by the governing body and shall submit proof, upon the filing of his notice or appeal or within 10 days thereof, that he has ordered said transcript. Failure of the appellant to order the transcript within the above time shall result in dismissal of the appeal. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within such specified period without such written consent shall constitute a decision affirming the action of the Board.
D.
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 Subsection
d of Section 57 of P.L. 1975, c. 29l (N.J.S.A. 40:55D-70d). The review
shall be made of the record made before the Board of Adjustment.
E.
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 affirmation
of the decision of the Board of Adjustment.[1]
F.
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 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 from whom the appeal is taken and on good cause
shown.
G.
The governing body shall mail a copy of the decision to the appellant or, if represented, then to his attorney and to the applicant, without separate charge, and for a fee, as designated by § 91-24 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 Township. Such publication shall be arranged by the administrative officer, provided that the applicant may arrange such publication if he so desires.
H.
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.
