§190-60. Appeals of use variance approvals to the Township Committee

A. Any interested party may appeal to the Township Committee any final decision of the Board of Adjustment approving an application for development pursuant to § 19058B(4) (use or structure variance) of this chapter (N J S A 40 55D-70)

B. Such appeal shall be made within ten (10) days of the publication of such final decision The appeal to the township shall be made by serving the Township 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 Such appeal shall be decided by the Township Committee only upon the record established before the Board of Adjustment.

C. Notice of the meeting to review the record below shall be given by the Township Committee by personal service or certified mail to the appellant and to the Zoning Board at least ten (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 transcript of such meeting pursuant to § 190-59C

D. The appellant shall, within five (5) days of service of the notice, arrange for a transcript pursuant to N J S A 40:55D10 for use by the Township Committee and pay a deposit of fifty dollars ($50 ) or the estimated cost of transcription, whichever is less, or, within thirty-five (35) days, submit a transcript otherwise arranged to the Municipal Clerk, otherwise the appeal may be dismissed The Township Committee shall conclude a review of the record below not later than ninety-five (95) days from the date of publication of notice of the decision below unless the applicant consents in writing to an extension of such period 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 [Amended 5-2-80 by Ord No. 12-1980]

E. The Township Committee may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Zoning Board The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify and final action by either Board.

F. An appeal to the Township Committee shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Board certifies to the Township Committee, after the notice of appeal shall have been filed with the Zoning Board, that by reason 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 Zoning Board and on good cause shown

G. The Township Committee 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 ten (10) days after the date of the decision A brief notice of the decision shall be published in the official newspaper of the township Such publication shall be arranged by the Township Clerk, provided that nothing contained herein shall be construed as preventing the applicant from arranging such publication if he so desires 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 township or the applicant

H. Within the Pinelands Area, the requirements of § 190-66 shall be supplemental hereto [Added 8-6-82 by Ord No 16-1982]