[Amended 7-7-82 by Ord No 42-1982, 12-5-84 by Ord No 60-1984]

A. Any interested party may appeal to the Municipal Council any final decision of the Board of Adjustment approving an application for development pursuant to § 134-31D (use or structure variance) of this chapter (N.J.S.A 40 55D-70)

B. Such appeal shall be made and served upon the Township Clerk during normal business hours 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, it represented Such appeal shall be decided by the Municipal Council 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 Clerk by personal service or certified mail to the appellant and to the Board of Adjustment 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 transcripts of such meeting pursuant to § 134-44E

D. The appellant shall, within five (5) days of service of the notice of appeal on the Township Clerk, arrange for a transcript pursuant to N.J.S.A 40 55D-10 for use by the Township Council and pay a deposit of fifty dollars (§50 ) or the Clerk's estimated cost of transcription, whichever is less, or within thirty-five (35) days of service of the notice of appeal, submit a court stenographer's certified transcript as otherwise arranged to the Township Clerk, otherwise the notice of the meeting to review the record below by the Municipal Council shall not be scheduled and the appeal may be dismissed for failure to prosecute The Municipal Council 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 of Adjustment.

E. The Municipal Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board of Adjustment The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand or modify any final action of the Board of Adjustment

F. An appeal to the Municipal Council 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 Municipal Council, after the notice of appeal shall have been filed with the Board of Adjustment, 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 Board of Adjustment and on good cause shown

G. The Municipal Council 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

**Webmasters Note: The previous section has been repealed as per Ordinance No. 5-2002.

An appeal to the Municipal Council may be taken with regard to any final decision of the Board of Adjustment involving

A. The granting of a use variance

B. An application for preliminary approval of a major sub division.

C. An application for preliminary site plan approval where the lot area is five (5) acres or more

D. The granting of a conditional use

E. An application for a variance from the Official Map provisions