An appeal to the Planning Board 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 the time required under §
37-14 of this chapter.
[Amended 9-24-2001 by Ord. No. 16-01]
A. In accordance
with and subject to the provisions of N.J.S.A. 40:55D-17, any interested
party may appeal to the governing body any final decision of the Planning
Board granting a variance pursuant to N.J.S.A. 40:55D-70(d). Such
appeal shall be made within 10 days of the date of publication of
such final decision. The appeal to the governing body shall be made
by serving a municipal clerk, in person or by certified mail, with
a notice of appeal specifying the grounds thereof, the name and address
of the appellant and the name and address of appellant's attorney,
if represented. Such appeal shall be decided by the governing body
only upon the record established before the Board.
B. Notice of
the meeting to review the record below shall be given by the Borough
Council, by personal service or certified mail, to the appellant,
to those entitled to notice of a decision pursuant to law and to the
Planning Board 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 Borough Council shall provide for verbatim recording
and transcript of such meeting.
C. The appellant shall either, within five days of service of notice of appeal pursuant to Subsection
A hereof, pay to the Secretary of the Planning Board a deposit of $150 for preparation by said Board of eight copies of the transcript of the Board's proceedings for use by the governing body (said deposit to represent the estimated cost of providing eight transcripts; if the actual cost exceeds the deposit, the balance shall be remitted by the appellant within seven days of notification by the Board) or, within 35 days of service of notice of appeal, submit eight copies of the transcript of the Board's proceedings to the Borough Clerk for use by the governing body. Failure of the appellant to comply with the above may result in dismissal of the appeal for failure to prosecute. The governing body shall conclude a review of the record below not later than 95 days from the date of filing the notice of appeal unless special circumstances exist which justify the governing body to extend this period for a reasonable time. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the aforementioned time period shall constitute an affirmance of the Board's decision.
D. The governing
body may reverse, remand or affirm, with or without imposition of
conditions, the final decision of the Planning Board approving a variance
pursuant to N.J.S.A. 40:55D-70(d). The review shall be made on the
record made before the Board.
E. 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.
F. Any appeal
to the Borough Council shall stay all proceedings in furtherance of
the action regarding which the decision appealed from was made, unless
the Planning Board certifies to the Borough Council after any notice
of appeal has been filed with such Board, that by reasons of fact
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 from whom the appeal is taken and on good
cause shown.
G. The Borough
Council shall mail a copy of the decision to the appellant or, if
represented, to the appellant's 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 Borough. Such publication shall be arranged by the applicant.
The period of time in which an appeal to a court of competent jurisdiction
may be made shall run from the first publication.