A.
Right to appeal; filing procedures generally. Appeals
to the Board of Adjustment may be taken by any person aggrieved or
by an officer, department, board or bureau of the municipality affected
by any decision of the administrative officer. Each appeal shall be
taken within the 20 days prescribed by statute, by filing a notice
of appeal with the officer from whom the appeal was taken and three
copies of such notice with the Secretary of the Board of Adjustment.
Such notice of appeal shall specify the grounds for such appeal. The
officer from whom the appeal is taken shall forthwith transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.[1]
B.
Special filing procedures. Applications addressed
to the original jurisdiction of the Board of Adjustment without prior
application to an administrative officer shall be filed with the Secretary
of the Zoning Board of Adjustment. Three copies of the application
shall be filed. At the time of filing the appeal or application, but
in no event less than 10 days prior to the date set for hearing, the
applicant shall also file all plot plans, maps or other papers required
by virtue of any provision of this chapter or any rule of the Board
of Adjustment. The applicant shall obtain all necessary forms from
the Secretary of the Zoning Board of Adjustment. The Secretary of
the Board shall inform the applicant of the steps to be taken to initiate
proceedings and of the regular meeting dates of the Board.
C.
Effect. An appeal stays all proceedings in furtherance
of the action in respect to which the decision appealed from was made,
unless the officer from whom the appeal is taken certifies to the
Board of Adjustment, after the notice of appeal shall have been filed
with him, that, by reason of facts stated in the certificate, a stay
would, in his opinion, cause imminent peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board of Adjustment or by the Superior
Court of the state on application or notice to the officer from whom
the appeal is taken and on due cause shown.
D.
In exercising the power mentioned in Subsection E, the Board of Adjustment may, in conformity with the provisions of Chapter 291 of the Laws of 1975, or amendments thereto or subsequent statutes applying,[2] reverse or affirm, wholly or partly, or modify the order,
requirement, decision or determination appealed from and make such
other requirement, decision or determination as ought to be made and,
to that end, shall have all of the powers of the administrative officer
from whom the appeal was taken.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Termination of variance. Any variance from the terms
of this chapter hereafter granted by the Board of Adjustment permitting
the erection or alteration of any structure or structures or permitting
a specified use of any premises shall expire by limitation unless
such construction or alteration shall have been actually commenced
on every structure permitted by such variance or unless such permitted
use has actually been commenced within one year from the date of entry
of the judgment or determination of the Board of Adjustment; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board of Adjustment to the governing body or to a court of
competent jurisdiction until the termination, in any manner, of such
appeal or proceeding.
[Amended 4-15-1980 by Ord. No. 9-80]
B.
The appellant shall, within five days of service of
notice of the appeal, arrange for a transcript for use by the governing
body and pay a deposit of $50 or the estimated cost of such transcription,
whichever is less, or within 35 days of service of the notice of appeal
submit a transcript as otherwise arranged to the Borough Clerk; otherwise,
the appeal may be dismissed for failure to prosecute.
C.
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 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.
