Upon certification by the Zoning Officer of the completeness of an application for development pursuant to § 110-9A, the Board shall grant or deny approval within the number of days from the date of such certification as specified below or within such further time as may be consented to by the applicant. Failure of the Board to act within the time period for decision as prescribed below shall constitute approval of the application for development, and a certificate of the Zoning Officer as to the failure of the Board to act shall be issued on request of the applicant.
A. 
Minor subdivisions applications: 45 days.
B. 
Preliminary major subdivisions applications involving 10 lots or less: 45 days.
C. 
Preliminary major subdivision applications involving more than 10 lots: 95 days.
D. 
Final major subdivision applications: 45 days.
E. 
Preliminary site plan applications involving 10 acres of land or less and 10 dwelling units or less: 45 days.
F. 
Preliminary site plan applications involving more than 10 acres of land or more than 10 dwelling units: 95 days.
G. 
Conditional use applications: 95 days.
H. 
PURD applications: 95 days.
I. 
Applications for variances or requests for issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35: 120 days.
J. 
Applications involving variances or requests for issuance of a permit, pursuant to N.J.S.A. 40:55D-34 or 40:55D-35, and also involving any type of site plan, subdivision and/or conditional use approval: 120 days. Should the applicant elect to submit a separate application for the variances or requests for issuance of a permit and a subsequent application requesting approval of the site plan, subdivision and/or conditional use, the one-hundred-twenty-day time period for decision shall apply only to the application for the variance or permit, and the time period for decision for the subsequent approval(s) shall be as otherwise provided in this section.
In reviewing an application for development, the Board shall consider the development plans, all testimony and the comments and recommendations of Borough officials and agencies. All Borough officials and agencies to whom copies of the application for development were forwarded for review shall submit their comments and recommendations to the Board for consideration in reviewing an application. However, no such review shall extend the time period for decision as set forth in § 110-32 above.
After review and deliberation, the Board shall set forth factual information and conclusions pertaining to the application, reach a decision, set forth the reasons for such decision and, where applicable, set forth any conditions of approval and shall adopt a resolution of action at such time or adopt a resolution memorializing such action within 45 days of the date of such action.
A. 
The Board may grant approval of an application for development, in which case the Board Chairperson (or the acting Chairperson where the Chairperson is absent), Borough Engineer (where required), Borough Clerk (where required) and Board Secretary shall affix their signatures to at least eight copies of the development plan with the date and a notation that it has been approved. The applicant shall furnish such additional copies to the Board for signing as may be necessary. In the case of final approval of major subdivisions, the applicant shall also furnish at least two Mylar copies of the approved final subdivision plat for such signatures.
B. 
The Board may grant approval of an application for development subject to specified conditions and/or the receipt of revised plans or additional plans within 90 days from the date of such approval. In addition, if other governmental approvals are required by law, the Board shall condition its approval subject to such other governmental approvals; provided, however, that such shall not alter or revise the development plan as approved by the Board.
C. 
The Board may deny approval; if it determines that the development plan may create, impose, aggravate or constitute an adverse impact upon either the property to be developed or adjacent or nearby properties or the community at large, or that such plan is otherwise incomplete or not in compliance with any provision of this chapter, or that substantial revisions are required, it may deny approval of such application. Failure of an action by the Board to receive the number of votes required for approval of an application shall be deemed a denial of such application.
Copies of the resolution shall be distributed within 10 days of the date of the resolution of action or the resolution memorializing an action to the parties listed below and to any other persons who requested a copy of the same and paid any necessary fees for such. If the application for development is approved, copies of the signed development plans, where applicable, shall be distributed within 10 days after all required signatures are affixed thereto. Copies of resolutions and signed development plans above shall be distributed as follows:
A. 
Applicant: one copy.
B. 
Applicant's attorney: one copy.
C. 
Borough Engineer: one copy.
D. 
Zoning Officer: one copy.
E. 
Tax Assessor: one copy.
F. 
Borough Planner: one copy.
G. 
File: two copies.
Within 10 days of the date of the resolution of action or the resolution memorializing an action, the Board Secretary shall publish a notice of the decision in abbreviated form in an official newspaper of the Borough and thereafter mail a certified copy of the proof of publication to the applicant or his or her attorney. Failure to do so within the time prescribed herein shall in no way invalidate the decision of the Board. The date of the publication of such notice shall be the date used to commence the time period for any type of appeal on such decision.