Tenafly City Zoning Code
§ 35-807.11
Effect of Certificate of Appropriateness Approval; Denial; Appeal.
[Ord. No. 97-29 § 807J]
a.
Approved Certificate of Appropriateness Deemed Positive Recommendation.
1.
If a Certificate of Appropriateness has been issued for an application that requires approval of the Planning Board or the Zoning Board of Adjustment, the Certificate of Appropriateness shall be deemed to be a positive recommendation to that body as to the historic preservation aspects of the matter before that body.
2.
The Planning Board or Zoning Board of Adjustment may, nevertheless, affirm or deny the application based on the entire record before it, not withstanding the Certificate of Appropriateness as to the historic preservation aspects.
b.
Denial of Certificate. If a Certificate of Appropriateness is denied by the Commission notwithstanding any approval by the Planning Board or Board of Adjustment, the Administrative Officer charged with issuing the permit for which the action or development application related shall deny issuance pursuant to N.J.S.A. 40:55D-111.
c.
Appeals Relating to a Certificate of Appropriateness. An appeal of the grant or denial of a Certificate of Appropriateness may be had as follows:
1.
If the Construction Official refuses to issue a permit based on denial of a Certificate of Appropriateness, written appeal shall be made with the Zoning Board of Adjustment within 20 days after such denial.
2.
If the Planning Board or the Zoning Board of Adjustment denies or grants a development application in the course of which it accepts or rejects the recommendation of the Commission, as signified by the denial or issuance of a Certificate of Appropriateness, as the case may be, appeal would lie with the Governing Body of the Borough of Tenafly only in those cases where an appeal exists to the Governing Body from a decision of the Planning Board or the Zoning Board of Adjustment.
d.
Right of Judicial Review. Nothing herein shall be deemed to limit the right of judicial review of the municipal action after an appeal is concluded by the Planning Board, the Board of Adjustment or the Governing Body of the Borough of Tenafly as the case may be.