13-10.4 Notice of Hearing on Appeal.

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 subsection 13-8.3 and to the zoning board of adjustment from which the appeal was 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 subsection 13-6.1e.a

13-10.5 Time for Decision.

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 subsection 13-8.4 unless the appellant 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 municipal agency which rendered the decision from which the appeal was taken.

13-10.6 Decision on Appeal.

The appeal shall be decided by the township committee only upon the record established before the zoning board of adjustment.

The township committee by an affirmative vote of a majority of its full authorized membership may, by resolution which includes findings of fact and legal conclusions, (a) reverse the final action of the zoning board of adjustment, (b) remand the application to the zoning board of adjustment, or (c) impose conditions on or alter the conditions of the final action of the zoning board of adjustment. Otherwise, the final action of the zoning board of adjustment shall be deemed to be affirmed. A tie vote of the township committee shall constitute affirmance of the decision of the zoning board of adjustment.

13-10.7 Stay of Proceeding.

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 zoning board of adjustment certified to the governing body, after the notice of appeal shall have been received by that 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 after application on notice to the zoning board of adjustment on good cause shown.

13-10.8 Notice of Decision on Appeal.

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 township. Such publication shall be arranged by the township clerk, provided that nothing contained herein shall be construed as preventing the appellant from arranging such publication is he so desires. The governing body may make a reasonable charge for the publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication of notice of the decision whether arranged by the municipality or the appellant.

13-10.9 Court Review.



Nothing in this ordinance shall be construed as restricting the right of any party to obtain a review of the action of a municipal agency by any court of competent jurisdiction according to law.

13-11 EXCLUSIVE AUTHORITY OF PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT.

Any power expressly authorized by statute to be exercised by the planning board or the zoning board of adjustment shall not be exercised by any other body, except as otherwise provided in this ordinance.

13-12 TOLLING OF RUNNING OF PERIOD OF APPROVAL.

In the event that during the period of approval heretofore or hereafter granted to an application for development the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health or welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with the development, then the running of the period of approval provided by statute shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

13-13 APPROVALS SUBJECT TO CONDITIONS.

13-13.1 Contingent Approvals.

In the event that a developer submits an application proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health or welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare, the municipal agency shall process such application for development, and if such application meets all applicable requirements the municipal agency shall approve such application conditioned upon the removal of such legal barrier to development.

13-13.2 Approvals with Conditions.

In the event that the development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall in appropriate instances condition its approval upon the subsequent approval of such governmental agency, provided that the municipal agency shall make a decision on any application for development within the time period provided or within an extension of such period as agreed to by the applicant, unless the municipal agency is prevented or relieved from so acting by operation of law.



Whenever review or approval of the application by the county planning board is required by R.& 40:27-6.3, in the case of a subdivision, or by R.S. 40:27-6.6, in the case of a site plan, the municipal agency shall condition any approval that it may grant upon timely receipt of a favorable report on the application by the county planning board or upon approval by the county planning board by its failure to report thereon within the time period provided by law,

13-14 APPLICATION FEES AND RELATED CHARGES.

The following schedule of fees is hereby established for applications for development, other applications and matters relating to land use and development and appeals:

13-14.1 Filing Fees.

a. Subdivision and Site Plan (Chapter XVI).

The filing fee for an application to amend a previously granted minor, preliminary or final subdivision or site plan approval shall be the same as the fee for a minor or preliminary subdivision or site plan application as the case may be.