[Amended 11-1-1988 by Ord.
No. 5305-88]
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 the Zoning Ordinance or Official Map. Such appeal shall be taken within 20 days of notice of the decision by filing a notice of appeal in the manner set forth in §
57-23A of this chapter and in accordance with the provisions of N.J.S.A. 40:55D-72.
[Amended 8-15-1995 by Ord.
No. 5758-95]
A. Any interested party may appeal to the Municipal Council
any final decision of the Board of Adjustment approving an application for
development pursuant to Subsection d of Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70). Such appeal shall be made within 10 days of the date of publication
of such final decision pursuant to Subsection i of Section 6 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-10). The appeal to the Municipal 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 the name and address of his attorney, if represented.
Such appeal shall be decided by the Municipal Council only upon the record
established before the Board of Adjustment.
B. Notice of the meeting to review the record below shall
be given by the Municipal Clerk, on behalf of the Municipal Council, by personal
service or certified mail to the appellant, to those entitled to notice of
a decision pursuant to Subsection h of Section 6 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-10) and to the Board of Adjustment 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 Municipal Council shall provide for verbatim recording
and transcripts of such meeting pursuant to Subsection f of Section 6 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-10).
C. Preparation of transcript.
(1) The appellant shall, within five days of service of the notice of the appeal pursuant to Subsection
A hereof, arrange for a transcript for use by the Municipal Council in one of the following ways:
(a) By paying a deposit of $50 or the estimated cost of such
transcript, whichever is less, to the Municipal Clerk for the preparation
of the transcript by the City; or
(b) Within 35 days of service of the notice of appeal, submit
10 copies of a transcript arranged for by the appellant to the Municipal Clerk
and serve a copy of the same upon the applicant.
[1] If the transcript is prepared by the City of Clifton,
the appellant shall be required to pay the balance due for the preparation
of the transcript, if any, before the hearing is held by the Municipal Council.
The Municipal Clerk shall be required to serve a copy of the transcript upon
the applicant.
(2) In the event that the appellant does not comply with either Subsection
C(1)(a),
(b) or
(b)[1] above, the appeal may be dismissed for failure to prosecute.
D. Upon receipt of the notice of appeal by the Municipal
Clerk, the Municipal Clerk shall forward a copy of the same to the Municipal
Council, the City Manager, the Municipal Attorney and the Municipal Construction
Official. In addition, the Municipal Clerk shall give a copy of this section
to the appellant. Upon receipt of the notice of appeal by the Municipal Council,
the Municipal Council shall set a hearing date, said hearing date to be not
more than 60 days from the date of publication of the notice of the decision
of the Board of Adjustment. The hearing date and the status of the appeal
shall be put on all future Municipal Council agenda as a carried item until
such time as the hearing has been concluded.
E. The Municipal 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 Subsection i of Section 6 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-10), unless the applicant consents in writing to an
extension of such period. Failure of the Municipal 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.
F. The Municipal Council 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 Subsection d of Section 57 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-70). The review shall be made on the record
made before the Board of Adjustment.
G. The affirmative vote of a majority of the full authorized
membership of the Municipal Council shall be necessary to reverse or remand
to the Board of Adjustment or to impose conditions on or alter conditions
to any final action of the Board of Adjustment. Otherwise, the final action
of the Board of Adjustment shall be deemed to be affirmed; a tie vote of the
Municipal Council shall constitute affirmance of the decision of the Board
of Adjustment.
H. An appeal to the Municipal Council 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 Municipal Council
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 of Adjustment and on good cause shown.
I. The Municipal Council 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 City of
Clifton. Such publication shall be arranged by the applicant, and a copy of
said publication shall be filed with the Municipal Clerk within 20 days after
the date of the publication. In the event that the Municipal Clerk does not
receive a copy of said publication within said twenty-day time period, the
Municipal Clerk shall arrange for the publication required herein. The period
of time in which an appeal to a court of competent jurisdiction may be made
shall run from the date of the publication of the decision of the Municipal
Council.
J. 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.
[Added 6-21-1977 by Ord.
No. 4405-77; amended 11-5-1979
by Ord. No. 4528-79; 1-3-1980
by Ord. No. 4543-80]
A. At the time of the filing of a notice of appeal from
a decision of the Zoning Board of Adjustment or the Planning Board to the
governing body, no filing fee shall be required of the applicant.
[Amended 12-16-1986 by Ord.
No. 5127-86]
B. The appellant shall, not later than 14 days after receipt
of the transcript of the proceedings before the Zoning Board of Adjustment
or the Planning Board, as the case may be, file with the City Clerk the original
and nine clear copies of the transcript of said proceedings and shall make
available to one of the respondents for the use of all respondents an additional
copy of said transcript.
C. All costs for the transcripts hereinabove mentioned shall
be paid by the appellant. At the time of filing the notice of appeal, the
appellant shall deposit with the City Treasurer such sum as the administrative
officer may, in his discretion, require on account of costs for procuring
said transcripts. Said deposit shall be made no later than 10 days after notice
from the administrative officer of the sum required therefor. The appellant
shall remain responsible for all costs necessary to procure the transcripts
and shall be charged or credited in accordance with the actual costs for reproducing
said transcripts.