The Board shall render a decision not later than 120 days after the date an appeal is taken from the decision of the administrative officer, or of the certification of completeness of an application to the Board, unless the applicant has consented in writing or on the record to an extension of time. Every decision shall be made by proper motion duly made and seconded, with the votes of all members recorded on a roll-call vote.
The judgment of the Board shall be in the form of a written resolution containing findings and conclusions which shall be adopted either on the date of the meeting at which the Board granted or denied approval or within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and findings and conclusion of the Board. An action resulting from failure of a motion to approve an application shall likewise be memorialized by resolution. Whenever a resolution of memorialization is adopted in accordance with the provisions of N.J.S.A. 40:55D-10, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by statute. A copy of the Board’s resolution shall be furnished to the applicant or his attorney within 10 days from the date of adoption thereof, and a copy of the resolution shall also be made available to any person who has requested it and has paid the fee established therefor.
Where an applicant has demonstrated his/her right to relief, the Board may grant such relief as it may deem appropriate and in keeping with the intent and purpose of the zone plan and Zoning Ordinance, even though the relief granted may be different in kind or degree from that asked for in the appeal or application.
The resolution of the Board granting any variance may subject such grant to such conditions as the Board may impose in the public interest for the purpose of furthering any of the purposes of zoning. The Board may, when deemed necessary in the public interest, specifically provide in its resolution for the retention of jurisdiction over the action for a reasonable time, as therein specified, for the purposes of enabling it to vary the terms of any condition therein imposed, or for the purpose of imposing additional conditions in the public interest in the light of then existing circumstances.
The Board Secretary shall cause notice of the Board’s action to be published once in the official newspaper of the municipality in accordance with the provisions of N.J.S.A. 40:55D-10i and shall also serve copies of the Board’s decision to the applicant and to all who have requested copies, pursuant to N.J.S.A. 40:55D-10h.