Decisions.
1. Each decision on any application for development shall be reduced to writing by the Board and shall include findings of facts and conclusions based thereon.
2. The Board shall provide the findings and conclusions through:
a. A resolution adopted at a meeting held within the time period provided in this ordinance for action by the Board on the application for development; or
b. A memorializing resolution adopted at a meeting held no later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board 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 pursuant to N.J.S.A. 40:55D-9 (resulting from the failure of a motion to approve an application) 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.
3. The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in
§ 708: Notice of Planning Board and Zoning Board of Adjustment Decisions of this ordinance.
4. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorneys fees, shall be assessed against the municipality.
5. Conditional Approvals.
a. Whenever any application for development is approved by the Board subject to specified conditions intended to be fulfilled before the approval becomes effective, said approval shall lapse and become null and void unless all specified conditions are fulfilled within six months of the date the approval was granted by the Board unless a longer time period is specified by the Board.
b. Whenever any application for development is approved by the Board subject to conditions which are not required to be fulfilled before the approval becomes effective and are not guaranteed pursuant to
§ 902: Guarantees and Inspections of this ordinance, then the failure to fulfill any such condition within two years from the date of the approval of the application for development shall be grounds for the issuance of a stop work order by the enforcing official and the withholding of any zoning permit, construction permit, Certificate of Occupancy or any other approval until such condition is fulfilled.
c. Nothing herein contained shall be construed as preventing the Board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, an extension of time for fulfilling a condition for good cause shown.
d. Only upon fulfillment of all conditions precedent shall any subdivision plat or site plan be signed or any required zoning permit, construction permit, occupancy permit or other approval be issued.
e. The fulfillment of all conditions, precedent or subsequent, shall be reported in writing by the applicant to the Board, which may cause such reports to be verified in an appropriate manner.
Notice of Planning Board and Zoning Board of Adjustment Decisions. (Section 708)
Any decision of the Planning Board or the Zoning Board of Adjustment when acting upon an application for development and any decision of the Township Council when acting upon an appeal shall be given notice in the following manner:
A. A copy of the decision shall be mailed by the appropriate Township authority within 10 days of the date of decision to the applicant or appellant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within 10 days to any interested party who has requested it and who has paid the fee prescribed by the Township authority for such service.
B. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the Secretary of the Planning Board, the Secretary of the Zoning Board of Adjustment, or the Township Clerk, as the case may be, without separate charge to the applicant. The notice shall be sent to an official newspaper for publication within 10 days of the date of any such decision.
C. A copy of the decision shall also be filed in the office of the Township Clerk, 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 Township.
D. Regarding any decision approving or denying an application for development in the Pinelands Area of the Township, notice of the decision shall be given to the Executive Director of the Pinelands Commission by certified mail within five days of the decision. Such notice shall be in such form as the Executive Director shall from time to time specify, but shall contain at least the information required pursuant to N.J.A.C. 7:50-4.18(c).