An appeal from any decision of the Planning Board or Zoning Board may be taken to the governing body provided such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board or Zoning Board. Such appeal shall be made in accordance with the provisions of N.J.S.A. 40:55D-17.
The appeal may be taken by any interested party.
The appeal to the governing body 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 name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Planning Board or Board of Adjustment.
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 pursuant to Article III of this chapter, and to the board from which the appeal is taken at least 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 verbatim recording and transcripts of such meeting.
A. 
The appellant shall:
(1) 
Within five days of service of the notice of the appeal pursuant to § 89-20 of this chapter arrange for a transcript for use by the governing body and shall pay directly to the certified reporter the cost of such transcription and provide the secretary of the board with a copy of a receipt from a certified reporter, acknowledging a deposit in a sufficient amount as required by the certified reporter, for the transcription of the proceedings; or
(2) 
Within 35 days of service of the notice of appeal submit transcript as otherwise arranged to the Municipal Clerk; otherwise the appeal may be dismissed for failure to prosecute.
B. 
The governing body shall conclude a review of the record below not later than 95 days from the date of the publication of notice of the decision below pursuant to § 89-7H(9) of this chapter unless the applicant consents in writing to an extension of such period. Failure of the governing body 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.
[Amended by Ord. No. 3-80; Ord. No. 10-82]
The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Planning Board or Board of Adjustment, as the case may be.
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.
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 from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with such Board, that by reason 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 on application upon notice to the Board from whom the appeal is taken and on good cause shown.
The governing body shall mail a copy of the decision to the appellant or, if represented, then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested 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 municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication.
The governing body shall have the power to waive the fees and costs of an appeal from either the Planning Board or the Board of Adjustment of an applicant bringing the appeal before it upon the establishment by said applicant of a financial hardship.
[Amended by Ord. No. 3-80]
Any member of the Council who was absent for one or more of the meetings at which a hearing was held on the appeal shall be eligible to vote on the matter notwithstanding his absence from one or more of the meetings; provided, however, that such Council member has available to him the transcript or recording of all of the hearing from which he was absent, and certifies in writing to the Council that he has read such transcript or listened to such recording.