Appeals to the Land Use Planning Board may be taken pursuant to § 47-16 of this chapter.
A.
"D" variance appeals. Any interested party may appeal to the Township
Council the final decision of the Land Use Planning Board approving
an application for development pursuant to N.J.S.A. 40:55D-70d. Such
appeal shall be made within 10 days of the date of publication of
such final decision of the Land Use Planning Board. Such appeal shall
be made by serving the Township Clerk, in person or by certified mail,
with a notice of appeal specifying the grounds of such appeal, the
name and address of the appellant, and, if represented, his or her
attorney. A fee of $150 shall be paid at the time the notice of appeal
is filed. Such appeal shall be decided by the Township Council only
upon the record established before the Land Use Planning Board.
B.
Notice. Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision, pursuant to § 47-37B of Article III, and to the Land Use Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record of such meeting.
C.
Transcript. The appellant shall arrange for the preparation of a
transcript of proceedings before the Land Use Planning Board with
the Township Clerk within five days of serving his notice of appeal.
The appellant shall submit proof to the Clerk of the Township within
10 days of the date that he has filed his notice of appeal that he
has ordered the transcript and either paid a deposit of $50 or the
estimated cost of the transcript, whichever is less. The appellant
shall be required to pay the cost of preparing such transcript, which
sum shall not exceed the maximum permitted under N.J.S.A. 2B:7-4.
The appellant shall cause eight copies of the transcript so prepared
to be filed with the Township Clerk within 35 days of service of notice
of appeal. Upon the failure to provide for the costs or to provide
the transcripts as above, the appeal may be dismissed for failure
to prosecute.
D.
Council
action.
(1)
The
Township Council shall conclude a review of the record below no later
than 95 days from the date of publication of notice of the decision
below, unless the applicant consents in writing to an extension of
such period. Failure of the Township Council 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.
(2)
Action.
The Township Council may reverse, remand or affirm, wholly or in part,
or may modify the final decision of the Land Use Planning Board.
(3)
Vote
necessary. The affirmative vote of the majority of the full authorized
membership of the Township Council shall be necessary to reverse,
remand or modify any final decision of the Board.
(4)
Notice
of decision. The Township Clerk shall mail a copy of the decision
to the appellant or, if represented, then to his attorney, and to
the applicant, without separate charge, 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 Township. Such publication
shall be arranged by the Township Clerk, provided that the applicant
may arrange for such publication if he so desires.
E.
Stay. An
appeal to the Township Council shall stay all proceedings and furtherance
of the action in respect to which the decision appealed from was made,
unless the Land Use Planning Board certified to the Township Council,
after the notice of appeal shall have been filed with the Land Use
Planning Board, that, by reason of fact 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 Land Use Planning
Board and on good cause shown.
