Any interested party may appeal to the governing
body any final decision of the Board of Adjustment approving an application
for development pursuant to Section 57d of Chapter 291 of the Laws
of 1975, as amended.
Any appeal listed in §
166-49 shall be made within 10 days of the date of publication of such final decision pursuant to §
166-40 of this chapter. The appeal to the Township Committee 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 the name and address of his attorney, if represented. Such appeal shall be decided by the Township Committee 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 Township Committee by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to §
166-39 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 §
166-37C.
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 Section 57d
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 governing
body shall be necessary to reverse, remand or affirm, with or without
conditions, any final action of the Board of Adjustment.
An appeal to the Township Committee 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 Committee, 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 which the appeal is taken
and on good cause shown.
The Township Committee 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 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 Township Committee shall charge
the applicant for its publication. 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 municipality or the applicant.
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 and at any stage of the proceedings
before the municipal agency.
The Township shall provide the transcripts of the proceedings before any municipal agency when any action of that municipal agency is appealed to the governing body, pursuant to this article
VIII. However, the person filing the appeal of any municipal agency to the governing body shall be required to pay the cost of providing said transcripts of hearings which exceed the sum of $500.