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East Newark City Zoning Code

§ 33-11.1

Basis for Decisions.

[Ord. 11/9/94; § 16-11]
Each decision on any application for development shall be reduced to writing as provided in the following subsections and shall include findings of facts and conclusions based thereon:
a. 
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.
b. 
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 action 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.
c. 
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 the 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 such 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.
d. 
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 on the mailings, filings and publications.