East Windsor City Zoning Code

Any interested party may appeal to the Township Council any final decision of a board of adjustment approving an application for development pursuant to N.J.S. 40:55D-70d (use variance). Such appeal shall be made within ten days of the date of publication of such final decision. The appeal to the Township Council 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 Council only upon the record established before the board of adjustment.

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 and to all persons who appeared on the matter before the board below and to the board from which the appeal is taken at least ten 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.

The appellant shall: (1) within five days of service of the notice of the appeal pursuant to paragraph a hereof, arrange for a transcript - a typed or printed verbatim record of the proceedings - Pursuant to N.J.S. 40:55D-10 for use by the Township Council and pay a deposit of $50 or the estimated cost of such transcription, whichever is less; or (2) 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.

In the event the appellant arranged for the Township to furnish a transcript the rate thereof shall be $1 for each page of 250 words and $0.25 per page for each copy thereof. The appellant shall furnish 10 copies to the Township Council for its use, one copy to the applicant (if the applicant is not the appellant) and one copy to the agency from which the appeal is taken.

The Township Council 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 N.J.S. 40:55D-10 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 shall constitute a decision affirming the action of the board.

The Township Council may reverse, remand or affirm with or without the imposition of conditions the final decision of the board of adjustment approving a variance pursuant to N.J.S. 40:55D-70d. The review shall be made on the record made before the board of adjustment.

The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse, remand, or affirm with or without conditions any final action of the board of adjustment.