[Ord. No. 2015-20 § 10B-57]
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period provided
in this chapter and the Municipal Land Use Law for action by the municipal
agency on the application for development; or
(b)
A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action resulting from the
failure of a motion to approve an application pursuant to Section
10B-28 shall be memorialized by resolution as provided above, with
those members voting against the motion for approval being the members
eligible to vote on the memorializing resolution. The vote on any
such resolution shall be deemed to be a memorialization of the action
of the municipal agency and not to be an action of the municipal agency;
however, the date of the adoption of the resolution shall constitute
the date of the decision for the purposes of the mailings, filings
and publications required by Sections 10B-61 to 10B-62.
If the municipal agency fails to adopt a resolution or memorializing
resolution as hereinabove specified, any interested person may appeal
to the Superior Court in a summary manner for an order compelling
the municipal agency to reduce its findings and conclusions to writing
within a stated time, and the cost of the application, including attorney's
fees, shall be assessed against the municipality.
[Ord. No. 2015-20 § 10B-58]
Whenever review or approval of any application by the county
planning board is required by N.J.S.A. 40:27-6.3 or -6.6, the municipal
agency shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the county planning board
or upon county planning board approval by default for failure to report
thereon within the required time period.
[Ord. No. 2015-20 § 10B-59]
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the municipal agency shall process such application for development
in accordance with this chapter, and if such application complies
with the requirements of this chapter, the municipal agency shall
approve such application conditioned on removal of such legal barrier
to development.
[Ord. No. 2015-20 § 10B-60]
In the event that a development proposed by an application for
development requires an approval by a governmental agency other than
the municipal agency, the municipal agency shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency.
[Ord. No. 2015-20 § 10B-61]
A copy of each decision shall be mailed by the municipal agency
within 10 days after the date of decision to the applicant or, if
represented, then to his attorney without separate charge and to all
others upon request for a reasonable fee.
[Ord. No. 2015-20 § 10B-62]
A copy of each decision shall also be filed by the municipal
agency in the office of the Planning Board or Zoning Board of Adjustment,
who shall make a copy of the filed decision available to any interested
party for a reasonable fee and available for public inspection at
the office of the Planning Board or Zoning Board of Adjustment during
reasonable hours.
[Ord. No. 2015-20 § 10B-63]
A brief notice of each decision shall be published by the administrative
officer in the official newspaper of the municipality. The municipality
shall charge pursuant to Section 10B-32 for such publication. The
applicant also may cause such publication to be made. The time for
appeal from the decision shall run from the date of the first publication,
whether such is made by the administrative officer or the applicant.
[Ord. No. 2015-20 § 10B-64]
Preliminary approval shall be granted or denied on applications
to the Planning Board for a site plan of 10 acres or less and 10 dwelling
units or less or for a major subdivision of 10 or fewer lots within
45 days and for a site plan of more than 10 acres or more than 10
dwelling units or for a major subdivision of more than 10 lots within
95 days after the date of submission of a complete application to
the administrative officer, except as otherwise provided in Sections
10B-67 to 10B-71.
[Ord. No. 2015-20 § 10B-65]
Final approval of site plans and major subdivisions and approval
of minor subdivisions shall be granted or denied on applications made
to the Planning Board within 45 days after the date of submission
of a complete application to the administrative officer, except as
otherwise provided in Sections 10B-67 to 10B-71.
[Ord. No. 2015-20 § 10B-66]
Approval of conditional uses shall be granted or denied on applications
made to the Planning Board within 95 days after the date of submission
of a complete application to the administrative officer, except as
otherwise provided in Sections 10B-67 to 10B-69.
[Ord. No. 2015-20 § 10B-67]
The municipal agency shall decide appeals or applications for
variances, interpretations or decisions as to zoning regulations or
for special permits pursuant to N.J.S.A. 40:55D-34 to 36, not later
than 120 days after the date an appeal is taken from the action of
the municipal official or administrative officer, or after a complete
application is submitted to the administrative officer, except as
otherwise provided in Section 10B-68.
[Ord. No. 2015-20 § 10B-68]
Whenever the Planning Board reviews conditional uses or site
plans simultaneously with subdivisions, the longest period of time
for action in any such case shall apply to all such cases.
[Ord. No. 2015-20 § 10B-69]
Whenever an application to the Planning Board for approval of
a subdivision plat, site plan or conditional use includes a request
for a variance or special permit, the Planning Board shall grant or
deny approval of the application within 120 days after the date of
submission of a complete application to the administrative officer.
[Ord. No. 2015-20 § 10B-70]
Whenever the Planning Board reviews an application for conditional
use that includes a request for site plan approval, the Planning Board
shall grant or deny approval of the application within 95 days after
the date of submission of a complete application to the administrative
officer.
[Ord. No. 2015-20 § 10B-71]
Whenever an application is made to the Zoning Board of Adjustment
for subdivision or site plan approval in conjunction with the Board's
review of a variance pursuant to N.J.S.A. 40:55D-70d, the Zoning Board
of Adjustment shall grant or deny approval of the application within
120 days after the date of submission of a complete application to
the administrative officer.
In the event that the developer elects to submit separate consecutive
applications pursuant to Section 10B-13(b), the aforesaid 120-day
limitation shall apply to the application for approval of the variance
pursuant to N.J.S.A. 40:55D-70d and the period for granting of the
subsequent approval shall be as otherwise provided in this chapter.
[Ord. No. 2015-20 § 10B-72]
Any time period specified for action by a municipal agency may
be extended with the consent of the applicant or appellant.
[Ord. No. 2015-20 § 10B-73]
The failure of any municipal agency to act within such time
period or extension thereof shall constitute a decision favorable
to the applicant or appellant. A certificate of the administrative
officer as to such failure shall be issued on request of the applicant
or appellant, and it shall be sufficient in lieu of written endorsement
or other evidence of approval required by this chapter and shall be
accepted as such by the county clerk for any purposes with respect
to filing subdivision plats.
