§ 212-14. Decisions.

A. 

Written resolutions.

(1) 

Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of facts and conclusions based thereon.

(2) 

Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

(3) 

The municipal agency may provide such written decisions and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

(4) 

The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency, except that failure to adopt such resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

(5) 

Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of mailings, filings and publications required by this chapter.

B. 

Copies. A copy of the decision shall be mailed by the Board, within 10 days of the date of decision, to the applicant or, if represented, to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested copies and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as established for copies of other public documents in the municipality.

C. 

Timing. Failure of a Board to render a decision within the time prescribed by Chapter 291 of the Laws of 1975, as amended, or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. The time periods for approval shall be as follows:

(1) 

Preliminary subdivision:

(a) 

More than 10 lots: 95 days.

(b) 

Ten lots or less: 45 days.

(2) 

Preliminary site plan:

(a) 

More than 10 acres or more than 10 dwelling units: 95 days.

(b) 

Ten acres or less or 10 dwelling units or less: 45 days.

(3) 

Final approval: 45 days.

(4) 

Conditional use: 95 days.

(5) 

Variance: 120 days.

(6) 

Classification of minor subdivision: 45 days.

(7) 

Combined application:

(a) 

For a conditional use permit and a site plan: 95 days.

(b) 

For a subdivision plat, site plan or conditional use permit and certain zoning variances or direction of the issuance of a permit for a building not related to a street or in an area designated on the Official Map for public acquisition or use: 95 days.

(c) 

For a subdivision plat and a conditional use permit or site plan: the longest time period or action by the Planning Board, whether it is for subdivision, conditional use or site plan approval.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

D. 

Special provisions.

(1) 

If an application is found to be incomplete, the applicant must be given written notification of all deficiencies within 45 days of the submission of such application, or it shall be deemed properly submitted.

(2) 

If any application involves variances from lot area, lot dimension, setback or yard requirements, the time for action shall be 95 days.

(3) 

All times may be extended with the consent of the applicant.

E. 

Publication. A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be. without separate charge to the applicant. Such notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.

F. 

Certificates of approval.

(1) 

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such subdivision three years preceding the effective date of the Municipal Land Use Act may apply, in writing, to the Borough Clerk of the municipality for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(2) 

The Borough Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Clerk shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in her office.

(3) 

Each such certificate shall be designated as a certificate as to approval of subdivision of land and shall certify:

(a) 

Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this chapter.

(b) 

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

(c) 

Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.

(4) 

The Borough Clerk shall be entitled to demand and receive for such certificate issued by her a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Clerk shall be paid by her to the municipality.

Amended 4-15-1980 by Ord. No. 9-80