Appeals to the Land Use Board shall be taken within 20 days of the action appealed from by filing a notice of appeal with the officer from whom the appeal was taken and copies of said notice with the Secretary of the Board. The notice of appeal shall specify the grounds for appeal. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.[1]

Applications addressed to the original jurisdiction of the Land Use Board without prior application to an administrative officer shall be filed with the Secretary of the Board 14 days prior to the date set for the hearing. Four copies of the application and eight copies of a plot plan shall be filed.

At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rules of the Board. The applicant shall obtain all necessary forms from the Secretary of the Board. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the Board. Whenever a subdivision approval or site plan approval is sought incidental to a Land Use Board application, completed applications shall include all information required for subdivision or site plan approval, and the Township Engineer shall determine when the application is complete with respect to subdivision or site plan.

An appeal stays all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order, which may be granted by the Superior Court of New Jersey on notice to the officer from whom the appeal is taken and on due cause shown. The Board may reverse or affirm, wholly or partly, or modify the action, order, requirement, decision, interpretation or determination appealed from and make such other requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal is taken.

Public hearings. Prior to taking action on any matter relating to this chapter, a public hearing shall be held after public notice, and no action shall be taken respecting such matter until all interested parties present shall have been given an opportunity to be heard.

Notification of public hearing. The Land Use Board shall fix a reasonable time for the hearing or appeal, application or other matter. The applicant shall give notice of the hearing in accordance with the provisions set forth in N.J.S.A. 40:55D-12 of the Municipal Land Use Law and its amendments and supplements thereto and Chapter 51 of the Oxford Township Code. (See § 51-14, Notice requirements for hearings.)[1]

The Land Use Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of the Zoning Officer, or not later than 120 days after the date of submission of a complete application to the Land Use Board where no prior application was made to the Zoning Officer. Failure of the Board to render a decision within such one-hundred-twenty-day period, or within such further time as may be consented to by the applicant, shall constitute a decision favorable to the applicant.

Whenever the Land Use Board is considering an application for relief pursuant to N.J.S.A. 40:55D-76b, it shall grant or deny the application within 120 days after submission of a complete application by the developer.

Whenever the Land Use Board is exercising its ancillary powers pursuant to N.J.S.A. 40:55D-60, the Land Use Board shall grant or deny approval of the application within 95 days after submission of a complete application by the developer.

All decisions of the Land Use Board shall be final; provided, however, that a decision with respect to a use variance pursuant to N.J.S.A. 40:55D-70d may be appealed by any interested party to the governing body pursuant to N.J.S.A. 40:55D-17.

Where the Land Use Board renders a decision, the procedure shall be in accordance with §§ 64-23 and 64-24 of the Oxford Township Code and N.J.S.A. 40:55D-17g. In any case where the Land Use Board has ruled favorably on an application, the Zoning Officer shall be directed to issue a zoning permit in accordance with the decision of the Land Use Board, subject to any conditions as may be imposed thereon.