Any interested party may appeal an order, requirement, decision, determination or refusal made by the Zoning Officer, based on or made in the administration or enforcement of this chapter, to the Zoning Board of Adjustment, pursuant to § 110-205A.
Such appeal shall be taken within 20 days of the date of the
contested order, requirement, decision, determination or refusal made
by the Zoning Officer, pursuant to the following provisions:
A.
A notice of appeal shall be filed with the Zoning Officer, together
with 10 copies of said notice to the Board Secretary. Said notice
of appeal shall specify the grounds for such appeal. The Zoning Officer
shall immediately thereafter transmit to the Board all the papers
constituting the record upon which the action being appealed was taken.
B.
An appeal, once filed as prescribed in Subsection A, stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Officer certifies to the Board, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certification, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey upon notice to the Zoning Officer and on due cause shown.
C.
In exercising its power to hear and decide appeals, the Zoning Board
of Adjustment may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
make such other requirement, decision or determination as ought to
be made and, to that end, have all the powers of the Zoning Officer.
The Board shall conclude a review of the record and take action on such matter within 120 days of the date such appeal was filed pursuant to § 110-220A. Failure of the Board to take action within such time period, or within such further time as may be consented to by the appellant, shall constitute a decision favorable to the appellant.
