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Hillside City Zoning Code

§ 188-58

Decisions.

[Added 5-31-1977 by Ord. No. 5-31-1977; amended 2-19-1980 by Ord. No. G-177-80]
A. 
Each decision on any application for development shall be reduced to writing as a resolution of the Board and shall include findings of fact and conclusions based thereon.
B. 
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.
C. 
The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes to grant or deny the 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 of the application for development, within 45 days of such meeting by adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the municipal agency thereon.
(1) 
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.
(2) 
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 of 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.
(3) 
The vote on such resolution shall be deemed to be a memorialization of 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.
(4) 
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 the purposes of the mailings, filings and publications required by §§ 188-54 and 188-55 of this article.
(5) 
At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
(6) 
A member of a municipal agency who was absent for one or more meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies, in writing, to the Board that he has read such transcript or listened to such recording.
D. 
A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or if represented, then to his attorney without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal 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 municipality.