An appeal to the Zoning Board of Adjustment may be taken by any interested party affected by a decision of the Zoning Officer or Building Inspector based on or made in the enforcement of the Zoning Ordinance or Official Map. Such appeal shall be taken within 65 days by filing a notice of appeal in the manner set forth in Article II, § 20-18A, of this chapter and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-69 et seq.
A.
Any interested party may appeal to the governing body
any final decision of the Board of Adjustment approving an application
for a use variance.
B.
Such appeal shall be made within 10 days after the date of publication of the decision pursuant to § 20-32 by serving upon the Municipal Clerk personally or by certified mail a notice of appeal specifying the grounds thereof and the name and address of the appellant and, if represented, his attorney. A copy of such notice shall also be filed by the appellant with the Board of Adjustment. The notice served upon the Municipal Clerk shall be accompanied by a payment to the municipality of a fee of $50.
C.
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 Board of Adjustment certifies to the governing
body, after the notice of appeal has been filed with such Board, that
by reason of facts stated in the certificate a stay would, in the
Board's opinion, cause imminent peril to life or property; and in
such case, proceedings shall not be stayed other than by order of
the Superior Court on application upon notice to such Board and on
good cause shown.
D.
An appeal shall be decided by the governing body only
upon the record established before the Board of Adjustment.
E.
The appellant shall, within five days of service of the notice of appeal pursuant to § 20-35A, arrange for a transcript pursuant for use by the governing body and pay a deposit of $50 or the estimated cost of such transcript, whichever is less, or within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Municipal Clerk; otherwise, the governing body, on its own motion or on motion of any person entitled to notice of the Board of Adjustment's decision pursuant to § 20-29, after hearing upon at least 10 days' written notice to the appellant by the moving party, may dismiss the appeal.
F.
Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of the Board of Adjustment's decision pursuant to § 20-29 and to the Board of Adjustment, at least 10 days prior to the date of the meeting.
G.
The governing body may affirm with or without the
imposition of conditions, reverse or remand the final decision appealed
from, and 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 the same.
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
[1]
Editor's Note: Former § 20-36, Appeals
from Zoning Board of Adjustment, was deleted 6-9-1980 by Ord. No.
0-80-6.
