An appeal to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the administrative officer of the Borough 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 Article II, § 51-19A, 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: N.J.S.A. 40:55D-72, as amended,
now prescribes a time limit of 20 days for filing an appeal with the
Zoning Board of Adjustment.
[1]
Editor's Note: Former § 51-39, Appeals
from Planning Board to governing body, was repealed 8-4-1987 by Ord.
No. 2481-87. Said repeal was restated in Ord. No. 2598-91, adopted
3-12-1991.
[Amended 8-4-1987 by Ord. No. 2481-87]
An appeal from any final decision of the Zoning Board of Adjustment which grants or approves a variance under Article II, § 51-22A(4), herein (N.J.S.A. 40:55D-70) may be taken to the governing body, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Zoning Board of Adjustment.
[Amended 8-4-1987 by Ord. No. 2481-87; 3-12-1991 by Ord. No. 2598-91]
A.Â
Notice of appeal. The appeal to the governing body
shall be made by serving the Borough Clerk and successful applicant
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 governing body only upon the record established
before the Board of Adjustment. The parties may submit oral and written
argument on the record at the governing body meeting, and the governing
body shall provide for verbatim recording and transcripts of such
meeting to an interested party at his expense. The applicant and the
appellant will be given notice of the time of the hearing.
B.Â
Default approval. The governing body shall conclude
a review of the record below not later than 45 days from the date
of receipt of the transcript of the hearing but in no case later than
95 days from the date of publication of such final decision of the
Zoning Board of Adjustment, unless the appellant consents in writing
to an extension of such period. The appellant, at his own expense,
shall arrange for a transcript 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.
C.Â
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 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 and
on good cause shown.
D.Â
Modifications of final decision. The governing body,
by affirmative vote of a majority of its fully authorized membership,
may reverse, remand or affirm, wholly or in part, or may modify the
final decision of the Board of Adjustment.
E.Â
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, no 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. Such publication
shall be arranged by the applicant or the Borough Clerk at the applicant's
expense. 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.
