East Hanover Township
City Zoning Code
City Zoning Code
ARTICLE V
Appeals
[Amended 5-15-1980 by Ord. No. 3-1980; 8-27-1981 by Ord. No. 21-1981; 5-21-1992 by Ord. No. 9-1992; 3-16-1995 by Ord. No. 10-1995; 12-27-2005 by Ord. No. 38-2005]
§ 95-32.4 Appeals to Land Use Planning Board.
An appeal to the Land Use Planning Board may be taken by any interested party affected by any decision of an official based on or made in the enforcement of this chapter or Official Maps. Such appeal shall be taken within 65 days by filing a notice of appeal with the official from whom the appeal is taken, specifying the grounds of such appeal. The official 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. However, an applicant for development may file such an application with the Land Use Planning Board for action under any of its powers without prior application to an official.
§ 95-33 Appeals from Land Use Planning Board to Township Council.
A.
An appeal from any final decision of the Land Use Planning Board approving an application for development, pursuant to the provisions of N.J.S.A. 40:55D-70d or of the Land Use Planning Board granting preliminary approval of a major subdivision, may be taken to the Township Council, provided that such appeal shall be made within 10 days of the date of publication of such final decision of the Land Use Planning Board. Such appeal shall be made by serving the Township Clerk, in person or by certified mail, with a notice of appeal specifying the grounds of such appeal, the name and address of the appellant, and, if represented, his or her attorney. Such appeal shall be decided by the Township Council only upon the record established before the Board from which the appeal is taken.
B.
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision, pursuant to § 95-31B and to the Land Use Planning Board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record of such meeting. The appellant, within five days of service of the notice of appeal, shall arrange for a transcript for use by the Township Council and pay a deposit of $50, or the estimated cost of such transcription, whichever is less, if the appeal is from the granting of preliminary approval of a major subdivision; or, within 35 days of service of the notice of appeal submit a transcript as otherwise arranged to the Township Clerk. Otherwise, the appeal may be dismissed for failure to prosecute. If the appeal is from the approval of an application for development, pursuant to the provisions of N.J.S.A. 40:550-70(d), the Township Council shall provide the transcript.
C.
The Township Council shall conclude a review of the record below no later than 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 Township Council to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent of the appellant, shall constitute a decision affirming the action of the Board.
