Borough of Leonia, NJ Appeals and Penalties

Notice of appeal. Any interested party may appeal to the governing body as to the final decision of the approving authority. Such appeal shall be made within 10 days of the date of publication of such final decision as provided by law. The appeal to the governing body shall be made by serving the Borough Clerk, personally 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 the appellant’s attorney, if represented by an attorney. Such appeals shall be decided by the governing body only upon the record established before the approving authority.

Notice of meeting. Notice of a meeting to review the record of the approving authority shall be given by the governing body, by personal service or service by certified mail, to the appellant and those entitled to notice of the decision and to the approving authority at least 10 days prior to the date of the meeting. The parties may submit oral or written argument on the record of the approving authority at such meeting.

Decision by governing body. The governing body shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such time period. The appellant shall arrange for a transcript, or otherwise, for use of the governing body. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the specified time period, without written consent to an extension in time by the appellant, shall constitute a decision affirming action of the approving authority.

Action of governing body. The governing body may reverse, remand or affirm, wholly or in part, or may modify the final decision of the approving authority. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of the approving authority.

Stay of proceedings. 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 approving authority certifies to the governing body, after the notice of appeal shall have been filed with the approving authority, that by reason of facts stated in the certificate a stay would, in its opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed other than by order of the Superior Court of New Jersey on the application, upon notice to the approving authority from whom the appeal is taken and on good cause shown.

Copy of decision: notice. The governing body shall mail a copy of the decision to the appellant or, if represented by an attorney, to his attorney, without separate charge, and to any interested party who may have requested the decision upon payment of such fees as the municipality may require, not later than 10 days after the date of the decision. A brief notice of the decision of the governing body shall be published in the official newspaper of the municipality. Such publication shall be arranged for by the appellant. The period in time within which appeal to a court of competent jurisdiction may be made shall run from the date of the first publication of said notice of decision.