[Amended 6-25-1981 by Ord. No. 81-19; 10-7-1985 by Ord. No. 85-32]
Any interested party may appeal to the governing body any final decision of the Board of Adjustment approving an application for a use variance.
[Amended 6-25-1981 by Ord. No. 81-19 10-7-1985 by Ord. No. 85-32]
A. 
Such appeal shall be made within 10 days after the date of publication of the decision, pursuant to § 126-64, by serving upon the Township Clerk personally or by certified mail a notice of appeal, specifying the grounds thereof and the name and address of the appellant and, if represented, his attorney and certifying that a transcript of the proceedings below has been ordered, the date ordered and the name and address of the person from whom ordered. A copy of such notice shall also be filed by the appellant with the Board of Adjustment.
B. 
The notice served upon the Township Clerk shall be accompanied by a payment to the municipality of a fee of $50.
[Amended 10-7-1985 by Ord. No. 85-32]
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 of Adjustment certifies to the governing body, after the notice of appeal has been filed with such Board, that, by reason of facts stated in the certificate, a stay would in the Board's opinion cause imminent peril to life or property; and in such a case. proceedings shall not be stayed other than by order of the Superior Court on application, upon notice to such Board and on good cause shown.
[Amended 10-7-1985 by Ord. No. 85-32]
A. 
An appeal shall be decided by the governing body only upon the record established before the Board of Adjustment.
B. 
The appellant shall, within five days of service of the notice of appeal, pursuant to § 126-75, arrange for a transcript, pursuant to § 126-46, for 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 Township Clerk; otherwise, the governing body, on its own motion or on motion of any person entitled to notice of the Board of Adjustment's decision pursuant to § 126-62, after hearing upon at least 10 days' written notice to the appellant by the moving party, may dismiss the appeal.
[Amended 10-7-1985 by Ord. No. 85-32]
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 the Board of Adjustment's decision, pursuant to § 126-62 and to the Board of Adjustment, at least 10 days prior to the date of the meeting.
[Amended 10-7-1985 by Ord. No. 85-32]
The governing body may affirm with or without the imposition of conditions, reverse or remand the final decision appealed from, and 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 the same.
[Amended 6-25-1981 by Ord. No. 81-19]
The governing body shall conclude a review of the record below not later than 95 days from the publication of the notice of the subject decision of the Zoning Board of Adjustment unless the appellant 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 without such written consent of the appellant shall constitute a decision affirming the action of the Zoning Board of Adjustment.
The governing body, not later than 10 days after the date of its decision, shall mail a copy thereof to the appellant, or if represented, then to his attorney, without separate charge, and, for a reasonable charge, to any other interested party who requests it.
[Amended 6-25-1981 by Ord. No. 81-19]
A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the administrative officer without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.