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.
Editor's Note: See N.J.S.A. 40:55D-70.
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 appellant shall either, within five days of service of the notice of the appeal pursuant to § 166-49 of this article, arrange for a transcript pursuant to § 166-37C of this chapter for use by the governing body 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 by the appellant to the Township Clerk; otherwise, the appeal may be dismissed for failure to prosecute.
The governing body shall conclude a review of the record below not later than 95 days from the date of the receipt of the transcript of the proceedings below unless the applicant consents, in writing, to an extension of such period. 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 shall constitute a decision affirming the action of the Board from which the appeal has been taken.
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.