§ 184-51. Procedure for appeals, requests for interpretations or other special questions., Article VIII. Procedures for Variance Applications, Appeals, Requests for Interpretations or Other Special Questions, Part 1. Land Use Procedures, Chapter 184. Land Use, Part II. General Legislation, Code of Ordinances, Fanwood

General. It is the intent of this section to set forth the procedure for appeals, interpretations and requests concerning special questions to the Board as permitted by this chapter. In addition to the procedures set forth in the following subsections for each type of application, the procedures set forth for processing and review of site plan and subdivision applications in this chapter shall apply, unless the context clearly indicates otherwise or unless contrary to law, including the following:

(1)

The filing procedures in § 184-57;

(2)

The procedures for filing simultaneous applications in § 184-59C(11);

(3)

The completeness review procedures in §§ 184-58 and 184-80;

(4)

The general review procedures in Article IX;

(5)

The conditional approval provisions in § 184-65;

(6)

The default approval provisions in § 184-66;

(7)

The provisions for extensions and tolling approvals in §§ 184-67 and 184-68 respectively; and

(8)

The provisions for reservation of public areas, payment of taxes and assessments, disclosure of ownership and binding nature of approvals in §§ 184-76, 184-77, 184-78 and 184-79, respectively.B. Appeal alleging erroneous Zoning Officer decision. Appeals to the Board may be taken by an interested party when it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Officer based on or made in the enforcement of the zoning regulations of this chapter. The following provisions shall apply to such appeals:

(9)

Appeals must be taken within 20 days of the decision of the Zoning Officer.

(10)

A notice of appeal shall be filed with the Zoning Officer, specifying the grounds of the appeal. The Zoning Officer shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(11)

Fees required by Article VI shall be submitted with the notice of appeal, as well as proof of payment of taxes and assessments.

(12)

An appeal to the Board shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Officer certifies to the Board after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his/her 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.

(13)

A public hearing shall be held in accordance with the provisions for hearings in Article V. 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 limited to those specified in § 184-25B. 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 Zoning Officer, notice shall also be sent to said property owner, in addition to the parties specified in § 184-25B. Affidavits of proof of service of notice shall be submitted at least seven business days prior to the hearing.

(14)

The Board 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 Zoning Officer.

(15)

The Board shall render a decision not later than 120 days after the date the appeal is taken from the Zoning Officer, or within such further time as may be consented to by the applicant.

(16)

The Board may refer an application pursuant to this section to any appropriate person or agency, for its report; provided that such reference shall not extend the period of time within which the Board shall act.

(17)

The Zoning Officer shall not participate as a member of the Board in the consideration of the appeal, including but not limited to the deliberations and voting. Notwithstanding the foregoing sentence, nothing shall prohibit the Zoning Officer from testifying at the hearing.