An appeal to the Zoning Board of Adjustment 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 Chapter XXIV, Zoning, or Official Map. Such appeal shall be taken within sixty-five (65) days by filing a notice of appeal in the manner set forth in subsection 21-2.7, paragraph a. of this Chapter, and in accordance with the provisions of Article 9 of the Municipal Land Use Law of 1975. (Ord. #587; Ord. #643; 1976 Code § 37-35)

a An appeal from any decision of the Zoning Board of Adjustment granting a use variance, pursuant to the provisions of N.J.S.A. 40:55D-17d, may be taken to the Township Council, provided that such appeal shall be made within ten (10) days of the date of publication of such final decision of the Zoning Board of Adjustment.

The Township Council shall conclude a review of the record not later than forty-five (45) days from the date of receipt of the transcript of the hearing unless the appellant consents, in writing, to an extension of such period. The appellant shall arrange for a transcript of the hearing, for use by the Township Council, and shall submit proof upon the filing of his notice of appeal, or within ten (10) days thereof, that he has ordered the transcript. The Township Clerk shall notify the appellant that failure to order the transcript within the above time shall result in the dismissal of the appeal. Failure of the Township Council to hold a hearing and conclude a review of the record and to render a decision within such specified period, without written consent, shall constitute a decision affirming the action of the Board.

b. In accordance with N.J.S.A. 40:55D-10(f), the governing body of the Municipality may, upon affirmative vote by resolution, assume the expense of any transcripts necessary for appeal to the governing body of decisions by the Zoning Board of Adjustment pursuant to Section 40:55D-70(d) of the Municipal Land Use Act up to a maximum amount of five thousand ($5,000.00) dollars. (Ord. #587; Ord. #643; Ord. #601; Ord. #872; 1976 Code § 37-37; Ord. #1022)