The Board of Adjustment may reverse or affirm,
wholly or in part, or may modify the action, order, requirement, decision,
interpretation or determination appealed from and to that end have
all the powers of the administrative officer from whom the appeal
is taken.
An appeal to the Board of Adjustment shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the officer from whose action
the appeal is taken certifies to the Board of Adjustment, after the
notice of appeal shall have been filed with him/her, that by reason
of the facts stated in the certificates a stay would, in his 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 upon
notice to the officer from whom the appeal is taken and on due cause
shown.
The Board of Adjustment shall exercise all other
powers granted to it by law.
[Added 8-12-1988 by Ord. No. 6-8-88]
A. Who may appeal. Any interested party may appeal to
the governing body any final decision of the Board of Adjustment approving
an application for a variance granted pursuant to N.J.S.A. 40:55D-70d.
B. Time of appeal. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to §
132-120C. 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 Board of Adjustment. Within 35 days of the service of the notice of appeal, the appellant shall submit a transcript to the Municipal Clerk; otherwise the appeal may be dismissed for lack of prosecution.
C. Notice. 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 §
132-121 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 governing body shall provide for verbatim recording and transcripts of such meeting pursuant to §
132-120C.
D. Time for decision. The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below, unless the appellant consents in writing to an extension of such period. The appellant, at his cost, shall arrange for and provide a transcript pursuant to §
132-120C(6) 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 such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
E. Decision. The governing body may reverse, remand or
affirm, with or without the imposition of conditions, the final decision
of the Board of Adjustment. The affirmative vote of a majority of
the full authorized membership of the governing body shall be necessary
to reverse, remand or affirm with or without conditions, the final
action of the Board of Adjustment.
F. Stay of proceedings. 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 of
Adjustment certifies to the governing body, after the notice of appeal
shall have been filed with the 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.
G. Notice of decision. 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 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 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/she so desires. The
governing body may make a reasonable charge for its publication. The
period of time in which an appeal to a court of competent jurisdiction
may be made shall run from the first publication, whether arranged
by the municipality or the applicant.
H. Court review. 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.