Union Beach City Zoning Code

Any interested party may appeal to the borough council any final decision of the planning board approving an application for development pursuant to subsection 13-3.1i,5(d) [N.J.S.A. 40:55D-70(d)]. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to subsection 13-3.3f, 3 (N.J.S.A. 40:55D-10i). The appeal to the borough council shall be made by serving the borough 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, and by serving a copy of such notice on the applicant. Such appeal shall be decided by the borough council only upon the record established before the planning board.

Notice of the meeting to review the record below shall be given by the borough council by personal service or certified mail to the appellant and to the applicant, to those entitled to notice of a decision pursuant to subsection 13-3.3f. 2 (N.J.S.A. 40:55D-10h), and to the planning board at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting and the borough council shall provide for verbatim recording and transcripts of such meeting pursuant to subsection 13-3.3c, 6 (N.J.S.A. 40:55D-10f).

The appellant shall: (1) within five days of service of the notice of the appeal pursuant to paragraph 1 above, arrange for a transcript pursuant to subsection 13-3.3c, 6 (N.J.S.A. 40:55D-10f) for use by the borough council and pay a deposit of $200 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 borough clerk; otherwise, the appeal may be dismissed for failure to prosecute.

The borough 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 13-3.3f, 3 (N.J.S.A. 40:55D-10i) unless the applicant consents in writing to an extension of such period. Failure of the borough 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 borough council shall conduct a de novo review of the record made before the planning board, and shall have the right to draw on its own expertise and knowledge of the community in making its final evaluation. The borough council is not required to accord a presumption of validity to the action of the planning board. The borough council may reverse, remand, or affirm with or without the imposition of conditions the final decision of the planning board approving a variance pursuant to subsection 13-3.1i,5(d) (N.J.S.A. 40:55D-70d). If the decision of the council reverses or remands the decision of the planning board its findings of fact and conclusions must be grounded in the record compiled before the board and set forth in a resolution stating in detail the reasons for its disagreement.

The affirmative vote of the majority of the full authorized membership of the borough council shall be necessary to reverse, remand, or affirm with or without conditions any final action of the planning board.

An appeal to the borough council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the planning board certifies to the borough council, after the notice of appeal shall have been filed with such board, that by reasons of facts stated in the certificate a stay would, in its 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 on application upon notice to the board and on good cause shown.

The borough council shall mail a copy of the decision to the appellant and the applicant, and if represented then to the attorney, without separate charge, and for a reasonable charge 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 borough, or in a newspaper of general circulation in the borough. Such publication shall be arranged by the applicant or the appellant, unless a particular municipal official is so designated by ordinance; provided that nothing contained herein shall be construed as preventing the applicant or the appellant from arranging such publication if he so desires. The borough council may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the borough, the appellant or the applicant.

Nothing in this subsection shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.