Appeals to the Board of Adjustment may be taken
by any interested party affected by any decision of an administrative
officer of the City based on or made in the enforcement of the Zoning
Ordinance or Official Map. Such appeal shall be taken within 20 days
of the decision by filing a written notice of appeal with the administrative
officer from whom the appeal is taken specifying the grounds of such
appeal. The administrative officer from whom the appeal is taken shall
immediately transmit to the Board of Adjustment all the papers constituting
the record upon which the action appealed from was taken.
The contents of the notice of hearing on an
application for development requesting a variance shall state the
date, time and place of the hearing, the nature of the matters to
be considered and an identification of the property proposed for development
by street address, if any, or by reference to lot and block number
as shown on the current tax duplicate in the office of the Tax Assessor.
It shall also include the location and times at which maps and documents
for which approval is sought are available for public inspection pursuant
to N.J.S.A. 40:55D-10.
The notices required by this article shall be given by the applicant at least ten days prior to the date of the hearing on the application for development requesting a variance. The notice requirements as set forth in §
30-49 of this chapter shall be applicable.
Any notice made by certified mail pursuant to
this article shall be deemed complete upon mailing.
The hearings required by this article shall be held in accordance with the provisions of §
30-8 of this chapter and the administrative procedures adopted by the municipal agency holding the hearing.
[Amended 10-18-2022 by Ord. No. 46-2022]
A. An appeal
to the governing body of the City may be taken by any interested party
affected by any decision of the Board of Adjustment in connection
with the granting of a use variance pursuant to N.J.S.A. 40:55D-70d.
Such appeal shall be taken within 10 days from the date of publishing
the notice of decision by the Board of Adjustment by filing a notice
of appeal with the City Clerk specifying the grounds of such appeal.
B. The interested
party filing such appeal shall arrange with the Clerk for the preparation
of a transcript pursuant to N.J.S.A. 40:55D-10(f), the cost of which
shall be assumed by the governing body up to a maximum amount of $1,000
with any remaining balance to be paid by the party taking the appeal.
C. The appeal
shall otherwise follow the procedures set forth in N.J.S.A. 40:55D-17.
In addition, the Clerk shall arrange for the preparation of a total
of nine copies of the transcript, to wit: five for the Board of Commissioners,
one for the City Attorney, one for the party taking the appeal, one
for each party defending the appeal, and one for the Board of Adjustment's
solicitor.