A. 
Any interested party may appeal to the governing body any final decision of the Planning Board approving an application for development pursuant to § 85-23A(4).
[Amended 6-14-1988 by Ord. No. 7-88; 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
B. 
Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 85-34.
C. 
In the case of any board established pursuant to Article 10 of the Municipal Land Use Law of 1975, P.L. 1975, c. 291, the governing body of the Borough of Oaklyn in which the land is situated shall be the governing body for purposes of this section. The appeal to the governing body shall be made by serving the Municipal 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.
D. 
Such appeal shall be decided by the governing body only upon the record established before the Planning Board.
[Amended 4-11-1995 by Ord. No. 3-95]
E. 
The appellant shall, within five days of service of the notice of appeal pursuant to Subsection C hereof, arrange for a transcript 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 to the Municipal Clerk; otherwise, the appeal may be dismissed for failure to prosecute. In the event that the appellant pays a deposit of $50 or the estimated cost of transcription, the appellant shall be required to pay the actual cost of transcription prior to the governing body holding a hearing to review the record and render a decision.
[Added 6-14-1988 by Ord. No. 7-88; amended 8-13-1991 by Ord. No. 7-91]
A. 
Notice of the meeting to review the record 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 § 85-34 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 Section 6f of the Municipal Land Use Law of 1975, P.L. 1975, c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-10p.
B. 
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 pursuant to § 85-34, unless the appellant 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.
[Amended 8-13-1991 by Or-d. No. 7-91]
C. 
The governing body may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Planning Board approving a variance pursuant to § 85-23A(4). The review shall be made on the record made before the Planning Board.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
D. 
The affirmative vote of a majority of the fully authorized membership to the governing body shall be necessary to reverse, remand or affirm, with or without conditions, any final action of the Planning Board.
[Amended 8-13-1991 by Ord. No. 7-91; 4-11-1995 by Ord. No. 3-95]
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 reasons 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.
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 applicant unless a particular municipal officer is so designated by ordinance, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he 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.