Borough of Roselle Park, NJ Article IV Appeals

§ 40-401 APPEALS TO ZONING BOARD OF ADJUSTMENT.

[1980 Code § 128-34]

An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by any decision of the administrative officer of the municipality based on or made in the enforcement of Part 3, Zoning, of this chapter or the Official Map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal in the manner set forth in § 40-207A and in accordance with the provisions of Article 9 of N.J.S.A. 40:55D.

§ 40-402 APPEALS FROM ZONING BOARD OF ADJUSTMENT TO GOVERNING BODY.

[1980 Code § 128-35; amended by Ord. No. 1348]

A. Any interested parties may appeal to the Governing Body any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within ten (10) days of the date of the first publication of such final decision of the Board of Adjustment pursuant to § 40-312. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17 and the requirements of this section. The appeal to the Governing Body shall be made by serving the Borough 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. Such appeals shall be decided by the Governing Body only upon the record established before the Board of Adjustment.

B. Notice of the meeting at which the Governing Body will review the record below shall be given by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to § 40-311C and to the Board of Adjustment at least ten (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 a verbatim recording and transcript of such meeting pursuant to § 40-311A.

C. The appellant shall, within five (5) days of service of the notice of the appeal pursuant to Subsection a hereof, arrange for a transcript pursuant to Subsection f of N.J.S.A. 40:55D-10 for use by the Governing Body and pay a deposit of fifty ($50) dollars or the estimated cost of such transcription, whichever is less, or, within thirty-five (35) days of service of the notice of appeals, submit a transcript, as otherwise arranged, to the Borough Clerk; otherwise, the appeal may be dismissed for failure to prosecute. Within the five (5) days set forth herein, the appellant shall provide to the Borough Clerk documentation in accordance with this subsection evidencing that he has ordered the transcript. The documentation shall consist of an affidavit or certification by the appellant or his attorney, if represented, that he has served a written request upon the reporter who recorded the proceedings before the Board of Adjustment for the preparation of an original and at least one (1) copy of the transcript of the proceedings and has made a sufficient deposit therefor. The affidavit or certification shall specify the reporter from whom the transcript was ordered, the date ordered and the sum deposited and shall have affixed thereto a copy of the actual request for the transcript. Failure on the part of the appellant to submit the aforesaid affidavit or certification within the time specified above shall result in dismissal of the appeal.

D. The Mayor and Council shall conclude a review of the record below, hold a hearing and render a decision not later than ninety-five (95) days from the date of publication of the notice of the decision below pursuant to Subsection I of the N.J.S.A. 40:55D-10, unless the applicant consents in writing to an extension of such period. Failure of the Mayor and Council 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 of Adjustment.

E. The Governing Body may reverse, remand or affirm, with or without the imposition of conditions, the final decision of the Board of Adjustment approving a variance pursuant to N.J.S.A. 40:55D-70d. The review shall be made on the record made before the Board of Adjustment.

F. The affirmative vote of the majority of the full authorized membership of the Governing Body shall be necessary to reverse, remand or affirm, with or without conditions, any final action of the Board of Adjustment.

G. 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 of Adjustment 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 of New Jersey on application upon notice to the Board of Adjustment and on good cause shown.

H. The Governing Body shall cause to have mailed a copy of the decision of the appellant or, if represented, then to his attorney, without separate charge, and, for a fee of three ($3) dollars to any interested party who has requested it, not later than ten (10) days after the date of the decision. A brief notice of the decision shall be published in an official newspaper of the Borough of Roselle Park. Such publication shall be arranged by the Borough Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. 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 Borough or the applicant.

I. Nothing herein shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.

J. The fee for an appeal pursuant to this section shall be fifty ($50) dollars which shall be submitted by the appellant to the Borough Clerk at the time of the filing of his notice of appeal. Such notice shall not be accepted for filing unless it is accompanied by the aforesaid fee and all other fees required by this section.

§ 40-403 DEFAULT PROCEDURES.

[1980 Code § 128-35.1; added by Ord. No. 1367]

A. An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of an application for development by reason of the failure of the Planning Board or Board of Adjustment to grant or deny approval within the time periods provided in N.J.S.A. 40:55D-1 et seq.

B. The applicant shall provide notice of the default approval to the appropriate Board and to all those entitled to notice by personal service or certified mail of the hearing on the application for development, but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.

C. The applicant shall arrange publication of a notice of the default approval in one (1) of the official newspapers of the Borough.

D. The applicant shall file an affidavit of proof of services and publication with the Planning Board or Board of Adjustment Secretary or, in the case of a minor subdivision or final approval of a major subdivision, the officer who issues certificates pursuant to N.J.S.A. 40:55D-47 or N.J.S.A. 40:55d-76c, as the case may be.