A.
Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement Chapter 421, Zoning, or the Official Map.
B.
Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken,
specifying the grounds of such appeal.
C.
The officer from whom the appeal is taken shall immediately
transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
A.
Any interested party desiring to appeal the decision of a municipal agency shall appeal to the governing body any final decision of a Board of Adjustment approving an application for development pursuant to § 53-15D of this chapter, commonly called a "use variance," and any other final decision of a Board of Adjustment or Planning Board on any class of applications for development.
B.
Such appeal shall be made within 10 days of the date
of publication of such final decision.
A.
The appeal to the governing body shall be made by
serving the Municipal Clerk, in person or by certified mail, with
a notice of appeal specifying the grounds thereof and the name and
address of the appellant and name and address of his attorney, if
represented.
B.
Such appeal shall be decided by the governing body
only upon the record established before the Planning Board or Board
of Adjustment.
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 a decision pursuant to § 53-27F of this chapter and to the Board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to this chapter.
A.
The appellant shall, within five days of service of the notice of the appeal pursuant to § 53-49 hereof, arrange for a transcript pursuant to § 53-27D of this chapter for use by the governing body and pay a deposit of $50 or the estimated cost of such transcription, 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 appeal may be dismissed for failure to prosecute.
B.
The governing body shall conclude a review of the record below not later than 95 days from the date of publication of notice of the decision below pursuant to § 53-27I unless the applicant consents in writing to an extension of such period.
C.
Failure of the governing body to hold a hearing and
conclude a review of the record below and to render a decision within
such specified period shall constitute a decision affirming the action
of the Board.
The governing body may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Planning
Board or Board of Adjustment, as the case may be. The affirmative
vote of a majority of the fully authorized membership of the governing
body shall be necessary to reverse, remand or modify any final action
of either Board.
An appeal to the governing body shall stay all
proceedings in furtherance of the action with respect to which the
decision appealed from was made unless the Board from whose action
the appeal is taken certifies to the governing body, after the notice
of appeal shall have been filed with such Board, 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 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.
The governing body shall mail a copy of the
decision to the appellant or, if represented, then to his 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 municipality, if there is one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant. The governing body may make a
reasonable charge for its publication. The period of time in which
an appeal to a court of competent jurisdiction may be made shall run
from the first publication, whether arranged by the municipality or
the applicant.
Nothing in this chapter shall be construed to
restrict the right of any party to obtain a review by any court of
competent jurisdiction according to law.
