Any interested party may appeal to the City Council any final decision of the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A. 40:55D-70d and § 315-30D. Notwithstanding the aforesaid right of appeal to the City Council, any party has the right to obtain a review of such Zoning Board of Adjustment decision by any court of competent jurisdiction according to law.
Any appeal to the City Council shall be made within 10 days of the date of publication of such final decision pursuant to § 315-46. The appeal to the City Council shall be made serving the City Clerk, in person or by certified mail, with a notice of appeal specifying the ground thereof and the name and address of his/her attorney, if represented.
The applicant shall pay an application fee of $100 and either:
Within five days of serving the notice of the appeal, arrange for a transcript for use by the City Council and pay a deposit of $50 or the estimated cost for such transcription, whichever is less, provided that the charge by the City to the applicant for the transcript shall not exceed the maximum permitted by N.J.S.A. 2B:7-4; or
Within 35 days of serving the notice of the appeal, submit a transcript to the City Clerk for use by the City Council.
Should the appellant neither arrange for nor submit a transcript, as provided hereinabove, the City Council may dismiss the appeal for failure to prosecute. All transcripts shall be certified, in writing, by the transcriber to be accurate.
Notice of the meeting to review the record below shall be given by the City Clerk, by personal service or certified mail, to the appellant, to those entitled to notice of a decision pursuant to § 315-46, and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting. The appeal shall be decided by the City Council only upon the record established by the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the City Council meeting, and the City Council shall provide and pay for verbatim recording and transcripts of such meeting.
The City Council 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 time period. Failure of the City Council 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 City Council may reverse, remand or affirm, with or without conditions, the final decision of the Zoning Board of Adjustment being appealed. The affirmative vote of a majority of the full authorized membership of City Council shall be necessary to reverse, remand or modify any final action of the Zoning Board of Adjustment. In the event that an affirmative vote of a majority of the fully authorized membership of the City Council is not obtained, the aforesaid final decision shall be deemed affirmed without charge.
An appeal to the City Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the Zoning Board of Adjustment certifies to the City Council, after the appeal has been filed, that, by reasons 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 except by an order of the Superior Court, on application, upon notice to the Zoning Board of Adjustment, and on good cause shown.