[Amended 3-17-1980 by Ord. No. 615]
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 by filing a notice of appeal in the manner set forth in Article II, § 59-19A, of this chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-72).[1]
[1]
Editor's Note: Former § 10-36, Appeals from Planning Board to governing body, which immediately followed this section, was repealed 5-22-1990 by Ord. No. 999.
[Amended 5-22-1990 by Ord. No. 999]
Any interested party may appeal to the governing body any final decision of the Board of Adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to the provisions of N.J.S.A. 40:55D-10. Such appeals shall be decided by the governing body only upon the record established before the Board of Adjustment.
[Added 10-17-1977 by Ord. No. 557; 5-22-1990 by Ord. No. 999]
The procedure for processing an appeal shall be as follows:
A. 
An appeal from a final decision of either the Planning Board or the Zoning Board of Adjustment shall be initiated by serving upon the Municipal Clerk, in person or by certified mail, a written notice of appeal specifying the grounds thereof, a statement of the requested variance by the appellant, the name and address of the person filing the appeal and the name and address of his attorney, if represented. Said appeal shall be accompanied by the appropriate nonrefundable filing fee as provided in § 59-28 above.
B. 
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 N.J.S.A. 40:55D-10 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 arguments on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to the provisions of N.J.S.A. 40:55D-10.
C. 
The appellant shall, within five days of service of the notice of appeal pursuant to Subsection A above, arrange for a transcript pursuant to the provisions of N.J.S.A. 40:55D-10 for the use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less; or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk. Wherever the appellant is required to submit transcripts, it shall be interpreted to mean that the appellant shall submit 11 copies of transcripts or the cost to reproduce the same at the appellant's own expense. The transcript shall then be distributed by the township to the Manager and to the members of Council as soon as practicable. The failure of the appellant to provide or pay for the transcript and copies thereof as hereinabove set forth shall be deemed an election by the appellant not to proceed with the appeal, and the appeal may thereafter be dismissed for failure to prosecute.
D. 
The governing body 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 the provisions of N.J.S.A. 40:55D-10 unless the appellant consents in writing to an extension of such period. The 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.
E. 
The governing body 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 the provisions of N.J.S.A. 40:55D-70d. The review shall be made on the record made before the Board of Adjustment.
F. 
The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or affirm with or without conditions any final action of the Board of Adjustment.
G. 
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 the facts stated in the certificate, the 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.
H. 
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 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 unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time within which an appeal to the court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.
I. 
Nothing contained in this section shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction, according to law.