A.
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.
B.
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.
C.
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.
D.
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.
E.
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 application upon notice to the approving authority from whom the
appeal is taken and on good cause shown.
F.
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 fee 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.
A.
Premature sale. If, before final subdivision approval
has been granted, any person transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned upon
final subdivision approval, as owner or agent, any land which forms
a part of a subdivision for which municipal approval is required,
such person or persons shall be subject to a penalty of $200 or imprisonment
for not more than 30 days, together with disbursements and reasonable
fees and legal expenses incurred by the municipality to bring the
necessary legal action to impose the penalty. Each parcel, plot or
lot so disposed of shall be deemed a separate violation.
C.
Effect on transferee, purchaser or grantee. In any
such action, the transferee, purchaser, or grantee is entitled to
a lien upon that portion of the land from which the subdivision was
made that remains in the possession of the developer or his assigns
or successors to secure the return of any deposits made or purchase
price paid and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years, if unrecorded.
