An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of any administrative officer of the municipality based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in § 34-13 of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.[1]
[1]
Editor's Note: See Article 9, Zoning Board of Adjustment, of Ch. 55D of Title 40 of the New Jersey Statutes Annotated, § 40:55D-69 et seq.
[1]
Editor's Note: Original § 34-30, Appeals from Planning Board to governing body, was repealed 2-2-2004 by Ord. No. 2004-2.
[1]
Editor's Note: Original § 34-31, Appeals from Zoning Board to governing body, was repealed 2-2-2004 by Ord. No. 2004-2.
[Added 4-20-1981 by Ord. No. 1981-2]
A. 
Immediately upon filing a notice of appeal with the Township Clerk, all appellants taking an appeal to the governing body pursuant to §§ 34-30 and 34-31 shall deposit in escrow the sum of $400; provided, however, that a resident who resides in a residential dwelling in the township shall not be required to establish the escrow fund pursuant to this section unless he has applied to the Zoning Board of Adjustment or the Planning Board for a residential use involving more than one lot or a commercial, industrial or business use. The amount placed in escrow shall be set up in an escrow fund to be placed within the Township Treasurer. Said fund shall be used to pay the fees of any professional personnel employed to process, review, inspect or to make recommendations with respect to the appeal and the documents submitted therewith. Services to be paid out of the escrow fund shall include but not be limited to legal, engineering, planning, accounting and processing fees. The fees to be charged shall be made in accordance with a statement of fees filed by each professional employee with the Township Clerk. If at any time it becomes evident that the escrow is or will be insufficient to cover the expenses of the township's professional personnel, the appellant shall increase the funds as required by the township. Sums not utilized in the review process shall be returned to the appellant.
B. 
The appellant shall provide for and be responsible for, at his expense, the preparation of a transcript of the lower Board hearing plus any subsequent hearings of said Board. The transcript shall be prepared by a qualified person. Township employees may prepare a transcript, provided the preparation occurs after regular business hours. If the appellant elects to prepare the transcript in the Municipal Building during regular business hours, a township employee shall be present during the preparation of the transcript and the appellant shall pay to the township a sum equal to 1 1/2 times the hourly rate of the employee assigned to be present during the preparation of the transcript. If the preparation of the transcript is to occur after regular municipal hours or outside the Municipal Building, the appellant shall pay for the cost of a copy of a tape of the proceedings.
C. 
No review of the record or a decision with respect to the appeal shall be rendered by the Township Council unless and until the aforementioned fund is established and all other required expenses are paid.