Rockaway Township City Zoning Code
§ 54-16.1
Appeal alleging erroneous Administrative Officer decision.
[Ord. No. 95-24 § 54-32]
Appeals to the Zoning Board of Adjustment may be taken by any interested party when it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Administrative Officer of the Township based on or made in the enforcement of the zoning regulations, Section 54-30. The following provisions shall apply to such appeals:
A.
Appeals must be taken within 20 days of the decision of the Administrative Officer.
B.
A notice of appeal shall be filed with the Administrative Officer, specifying the grounds of the appeal. The officer 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.
C.
Fees required by this chapter shall be submitted with the notice of appeal, as well as proof of payment of taxes and assessments.
D.
An appeal to the Zoning Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Zoning Board of Adjustment, 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 case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
E.
A public hearing shall be held in accordance with the provisions for hearings in this chapter.
F.
The appellant shall give public notice of the hearing in the manner specified for development applications in this chapter; provided that the parties entitled to notice shall be as specified in Subsection 54-14.4B(1). If the appeal is made by an interested party other than the owner of the property which was the subject of the decision by the Administrative Officer, notice shall also be sent to the property owner. Affidavits of proof of service of notice shall be submitted at least two business days prior to the hearing.
G.
The Zoning Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end shall have all the powers of the Administrative Officer from whom the appeal is taken.
H.
The Zoning Board of Adjustment shall render a decision not later than 120 days after the date the appeal is taken from the Administrative Officer.