A.
Any interested party may appeal to the governing body
the affirmative decision of the Board of Adjustment approving an application
pursuant to N.J.S.A. 40:55D-70d with a simultaneous application for
a major or minor subdivision or site plan approval.
B.
An appeal from any final decision of the Board of Adjustment other than an appeal described in § 173-68A herein and an appeal from any final decision of the Planning Board may be taken to the governing body as provided herein and in accordance with N.J.S.A. 40:55D-17.
C.
Such appeal shall be made within 10 days of the date
of publication of such final decision as provided by law. 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, the name and address of the applicant and the name
and address of his or her attorney, if represented. Such appeal shall
be decided by the governing body only upon the record established
before the approving authority.
D.
Notice of meeting. Notice of the meeting to review
the record below shall be given by the governing body by personal
service or certified mail to the appellant, to those entitled to notice
of a decision and to the approving authority at least 10 days prior
to the date of the meeting. The parties may submit oral and written
arguments on the record at such meeting, and the governing body shall
provide for verbatim recording and transcripts of such meeting.
E.
Decision by the governing body. The governing body
shall conclude a review of the record below not later than 95 days
from the date of receipt of the transcript of the hearing unless the
appellant consents, in writing, to an extension of such time period.
The appellant shall arrange for a transcript or otherwise for use
by the governing body. Failure of the governing body to hold a hearing
and to conclude a review of the record below and to render a decision
within the specified time period, without written consent to an extension
in time by the appellant, shall constitute a decision affirming the
action of the approving authority.[1]
F.
Action of governing body. The governing body may reverse,
remand or affirm, wholly or in part, or modify the final decision
of the approving authority. The affirmative vote of a majority of
the full authorized membership of the governing body shall be necessary
to reverse, remand or modify any final action of either Board.
G.
Appeal stays all proceedings. 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 approving
authority certifies to the governing body, after the notice of appeal
shall have been filed with the approving authority, that by reasons
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 approving authority from whom the appeal is taken
and on good cause shown.
H.
Copy of decision; notice. The governing body shall
mail a copy of the decision to the appellant or, if represented, to
his or her attorney, without separate charge, and for a charge of
$0.15 per page to any interested party who requests it, 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 Borough
of Closter. Such publication shall be arranged by the borough. The
period of time in which an appeal to the court of competent jurisdiction
may be made shall run from the date of the first publication by the
borough.
A.
Premature sale. If, before final subdivision approval
has been granted, any person transfers or sells or agrees to sell,
except pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which the borough approval is required, such person shall be subject
to a penalty of $1,000. Each lot disposition shall be deemed a separate
violation.[1]
B.
Civil action. In addition to the foregoing, Closter
Borough may institute and maintain a civil action for injunctive relief
and to set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with law by the borough.
C.
Effect on transferee, purchaser or grantee. In any
such action, the transferee, purchaser or grantee is entitled to a
lien upon the portion of the land from which the subdivision was made
that remains in the possession of the developer or his or her assigns
or successors to secure the return of any deposits made or purchase
price paid and, also, a reasonable search fee, survey expense and
title closing expense, if any. Any such action must be brought within
two years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years, if unrecorded.
