[Ord. No. 2015-20 § 10B-74]
Any interested party may appeal to the Princeton Council any
final decision of the Zoning Board of Adjustment approving an application
pursuant to N.J.S.A. 40:55D-70d.
[Ord. No. 2015-20 § 10B-75]
Such appeal shall be made within 10 days of the date of publication
of such final decision pursuant to Section 10B-63. The appeal to the
Princeton Council 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 of the
appellant's attorney, if represented. Such appeal shall be decided
by the Princeton Council only upon the record established before the
Zoning Board of Adjustment. The appellant shall pay to the municipal
clerk the sum of $100 as a fee for the appeal.
[Ord. No. 2015-20 § 10B-76]
An appeal to the Princeton Council shall stay all proceedings
in furtherance of the action with respect to which the decision appealed
from was made unless the Zoning Board of Adjustment certifies to the
Princeton Council, after the notice of appeal has been filed with
said Zoning Board of Adjustment, that by reason of facts stated in
the certification that a stay would in said Board's opinion cause
imminent peril to life or property, and in such case proceedings shall
not be stayed other than by order of the Superior Court upon notice
to said Zoning Board of Adjustment and on good cause shown.
[Ord. No. 2015-20 § 10B-77]
The appellant shall:
(a)
Within five days of service of the notice of appeal, arrange for
a transcript of the proceedings pursuant to Section 10B-45 for use
by the Princeton Council and pay a deposit of $50 or the estimated
cost of such transcript, whichever is less; or
(b)
Within 35 days of service of the notice of appeal, submit a transcript
as otherwise arranged to the municipal clerk. If the Zoning Board
of Adjustment did not have a stenographic transcript made of the proceeding,
then the appellant shall arrange to obtain a duplicate copy of the
tape recording of the proceeding below and have a transcript prepared
from said duplicate tape and filed with the municipal clerk pursuant
to this subsection.
[Ord. No. 2015-20 § 10B-78]
Notice of the meeting to review the record below shall be given
by the Princeton Council by personal service or certified mail to
the appellant, to those entitled to notice of a decision pursuant
to Section 10B-61 and to the Zoning Board of Adjustment at least 10
days prior to the date of the meeting.
[Ord. No. 2015-20 § 10B-79]
The Princeton Council 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 Section 10B-63 unless the applicant
consents in writing to an extension of such period. Failure of the
Princeton 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 Zoning Board of
Adjustment. The parties may submit oral and written argument on the
record at such meeting, and the Princeton Council shall provide for
a verbatim recording and transcript of such meeting in the manner
provided for in Section 10B-45.
[Ord. No. 2015-20 § 10B-80]
The Princeton Council may reverse, remand or affirm with or
without the imposition of conditions the final decision of the Zoning
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 Zoning Board
of Adjustment. The affirmative vote of a majority of the full authorized
membership of the Princeton Council shall be necessary to reverse
or remand to the Zoning Board of Adjustment or to impose conditions
on or alter conditions to any final action of said Board. Otherwise,
the final action of the Zoning Board of Adjustment shall be deemed
to be affirmed. A tie vote of the Princeton Council shall constitute
affirmance of the decision of the Zoning Board of Adjustment.
[Ord. No. 2015-20 § 10B-81]
Not later than 10 days after the date of decision, the Princeton
Council shall mail a copy of the decision to the appellant or, if
represented, then to the appellant's attorney, without separate charge
and with a reasonable charge to any interested party who has requested
it. A brief notice of the decision shall be published in the official
newspaper of the municipality. Such publication shall be arranged
by the municipal clerk, provided that nothing contained herein shall
be construed as preventing the appellants from arranging such publication
if they so desire. The Princeton Council 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 date of first
publication, whether arranged by the municipality or the appellant.
Nothing in this division shall be construed to restrict the
right of any party to obtain a review of any court of competent jurisdiction
according to law.
