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, if the meeting at which such action was taken occurred
within the final 45 days of the applicable time period for rendering
a decision on the application, 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 regardless of the time at which such action occurs within
the one-hundred-twenty-day time period for rendering a decision. 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 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.