§ 175-43. Appeal to Town Council.

   A.   Any interested party may appeal to the Town Council a final decision of the Zoning Board approving an application pursuant to § 175-28D to permit a use otherwise prohibited by this chapter. Such appeal shall be made within 10 days of the date of publication of such final decision pursuant to § 175-41 of this chapter. The appeal to the Town Council shall be made by serving the Town Clerk in person or by certified mail with a notice of appeal specifying the grounds therefor and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the Town Council only upon the record established before the approving board.

   B.   Notice of the meeting to review the record below shall be given by the Town Council by personal service or certified mail to the appellant, to the Pinelands Commission, to those entitled to notice of a decision pursuant to § 175-38 and to the board from which the appeal is taken 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 Town Council shall provide for verbatim recording and transcripts of such meetings pursuant to § 175-36.

   C.   The appellant shall, within five days of service of the above notice of appeal, arrange for a transcript pursuant to § 175-36G for use by the Town Council and shall pay a deposit of $50 or the estimated cost of such transcription, whichever is less, or shall, within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the Town Clerk.

   D.   The Town 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 § 175-41, unless the applicant consents in writing to an extension of such period. Failure of the Town 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.

   E.   The Town Council may reverse, remand or affirm, wholly or in part, or may modify the final decision of the Board.

   F.   The affirmative vote of a majority of the full authorized membership of the Town Council shall be necessary to reverse, remand or modify any final action of the Board.

   G.   An appeal to the Town Council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Board from whose action the appeal is taken certifies to the Town Council, after the notice of appeal shall have been filed with such Board, that by reason 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 from whom the appeal is taken and on good cause shown.

   H.   The Town Council shall mail a copy of the decision to the appellant or, if represented, to his attorney and to the applicant without separate charge and for the fee established in Article VII 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 town. Such publication shall be arranged by the Town Clerk; the applicant may, if so desired, also arrange for such publication. The appellant shall also pay a fee as set forth in Article VII for publication by the Town Clerk.

   I.   Nothing herein 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 may be made shall run from the first publication, whether arranged by the town or applicant.

   J.   The applicant shall give notice by mail to the Pinelands Commission and to the Pinelands Executive Director of any design, engineering or other changes made to an application as a result of an appeal to the Town Council. Such notice shall be made by mail within five days of the receipt by the applicant of the decision of the Town Council. Such notice shall contain the information required in § 175-60D(1).

[Amended 4-10-1989 by Ord. No. 7-1989]

   K.   Notice of decisions shall be as specified in § 175-40A, D, E and F of this chapter.

[Amended 4-10-1989 by Ord. No. 7-1989]