[Amended 2-13-1980 by Ord. No. 80-1]
A. 
Applications.[1]
(1) 
The Planning Board shall render its decision not later than 45 days from the filing of a complete application in the following matters:
(a) 
Minor subdivision and minor site plans.
(b) 
Preliminary approval of a major subdivision of 10 or fewer lots and not involving a conditional use.
(c) 
Final approval of a major subdivision and not involving a conditional use.
(d) 
Preliminary approval of a site plan for 10 acres of land or less and not involving a conditional use.
(e) 
Final approval of a site plan for 10 acres of land or less and not involving a conditional use.
(2) 
The Planning Board shall render its decision not later than 95 days from the filing of a complete application in the following matters:
(a) 
Any subdivision or site plan that involves conditional use approval.
(b) 
Preliminary approval of a major subdivision involving more than 10 lots or of a site plan involving more than 10 acres.
(c) 
Any subdivision plat, site plan or conditional use that involves exercise by the Planning Board of its power to grant variances or authorizations pursuant to § 310-12G of this chapter or pursuant to law.
[1]
Editor's Note: Original Section 3.015(a), Applications to Board of Adjustment, which immediately preceded this subsection, was deleted 5-13-1997 by Ord. No. 97-8.
B. 
Extension of time. The time within which the Planning Board is required to act may be extended with the consent of the developer.
C. 
Failure of the Board to act within time.
(1) 
Failure of the Planning Board to render its decision within the applicable time period set forth in this section shall constitute an approval of the application and, at the request of the applicant, a certificate shall be issued by the Secretary of the Board, certifying that the Board has failed to act, which shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
[Amended 5-13-1997by Ord. No. 97-8]
(2) 
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
Expiration of approvals.
(1) 
Minor subdivision. A minor subdivision approval shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with the approval and with the Map Filing Law[2], or a deed clearly describing the approved subdivision, is filed by the developer with the Bergen County Clerk, the Borough Engineer and the Borough Tax Assessor.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2) 
Major subdivision. Final approval of a major subdivision shall expire 95 days from the date of signing the plat unless within such period the plat shall have been duly filed by the developer with the Bergen County Clerk. The Planning Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
(3) 
Variance. Any variance granted by the Planning Board permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire unless such construction or alteration shall have been actually commenced on each and every structure permitted by said variance, or unless such permitted use has actually been commenced, within one year from the date of the determination of the Board; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board to the governing body or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
[Amended 5-13-1997by Ord. No. 97-8]
[Amended 2-13-1980 by Ord. No. 80-1]
A. 
All decisions of the Planning Board on an application for development shall be by written resolution which shall set forth findings of fact and legal conclusions based thereon.
[Amended 5-13-1997by Ord. No. 97-8]
B. 
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, then to his or her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed in Chapter 138, Fees. A copy of the decision shall also be filed in the office of the Secretary of the Board, 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 those established for copies of other public documents in the municipality. (See § 310-29, Fees.[1])
[Amended 5-13-1997by Ord. No. 97-8]
[1]
Editor's Note: See also Ch. 138, Fees.
C. 
Any approval or other relief granted by the Board shall be conditioned upon either the prompt payment of due or delinquent taxes or assessments or the making of adequate provision for the payment thereof in a manner that will adequately protect the municipality.
[Amended 5-13-1997by Ord. No. 97-8]
D. 
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.
(1) 
The municipal agency may provide such written decision 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.
(2) 
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 a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
(3) 
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 the mailings, filings and publications required by Subsection B above and § 310-36 of this chapter.
[Amended 5-13-1997by Ord. No. 97-8]
A brief notice of every final decision shall be published as required by law. Such publication shall be arranged by the Secretary of the Planning Board, as the case may be, without separate charge to the applicant. Within 10 days of the date of such decision, said notice shall be sent to a newspaper of general circulation in the municipality for publication.