Rockaway Township City Zoning Code

Appeals to the Township Council shall be made within 10 days of the date of publication of the final decision of the Zoning Board of Adjustment.

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, the name and address of the appellant and the name and address of his attorney, if represented.

An appeal pursuant to this section shall stay all proceedings in the same manner as specified in Subsection 54-16.1D.

The appellant shall, within five days of service of the notice of the appeal, arrange for a transcript pursuant to Subsection 54-14.10 for use by the Township Council and pay a deposit as specified in Section 54-15, 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.

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, or to his attorney, if represented, to those entitled to notice of a decision pursuant to Subsection 54-14.13A, and to the Zoning Board of Adjustment at least 10 days prior to the date of the meeting.

The appeal shall be decided by the Township Council only upon the record established before the Zoning Board of Adjustment. The parties may submit oral and written argument on the record at such meeting, and the Township Council shall provide for verbatim recording and transcripts of such meeting pursuant to Subsection 54-14.10.

The Township Council may reverse, remand, or affirm with or without the imposition of conditions the final decision of the Zoning Board of Adjustment granting a "D" variance.

The affirmative vote of a majority of the full authorized membership of the Township Council shall be necessary to reverse or remand to the Zoning Board of Adjustment or to impose conditions on or alter conditions to any final action of the Zoning Board of Adjustment; otherwise the final action of the Zoning Board of Adjustment shall be deemed to be affirmed. A tie vote of the Township Council shall constitute affirmance of the decision of the Zoning Board of Adjustment.

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 Subsection 54-14.13C, 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 the period specified in paragraph I, above shall constitute a decision affirming the action of the Zoning Board of Adjustment.

The Township Council shall mail a copy of the decision to the appellant, or if represented then to his attorney, without separate charge, and for a fee as provided by Section 54-15, to any interested party who has requested it, not later than 10 days after the date of the decision.

A brief notice of the decision shall be published in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. Such publication shall be arranged by the Township Clerk; provided that nothing herein shall be construed as preventing the applicant from arranging such publication if he so desires. The Township Council shall require a fee for the publication as specified in Section 54-15.

Nothing in this section shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication of the decision of the Township Council, whether arranged by the Council or the applicant.