Union Township City Zoning Code
§ 30-11.9 Decisions To Be Reduced to Writing and Include Findings and Conclusions
Resolution of Memorialization; Time Limitations.
[Ord. No. 85-9, § 1108]
a.
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:
1.
A resolution adopted at a meeting held within the time period provided in this chapter for action by the municipal agency on the application for development; or
2.
A memorialization 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 this subsection 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 paragraphs f and g below.
3.
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 cost of the application, including attorneys fees, shall be assessed against the municipality.
b.
County Planning Board Approval. Whenever review or approval of any application by the County Planning Board is required by P.L. 1968, c. 285, Section 5 or Section 8 (N.J.S.A. 40:27-6.6), 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.
c.
Developments Barred by Administrative or Judicial Order. In the event that a developer submits an application for 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.
d.
Approval by Other Governmental Agencies. In the event that 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 by such governmental agency.
e.
Absence of Board Member From Hearing. When any hearing before a Board shall carry over two or more meetings, a member of the Board who was absent for one or more of the meetings 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 a transcript or recording of the meeting from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
f.
Furnishing Copies of Decision. 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.
g.
Filing in Office of Administrative Officer. A copy of each decision shall also be filed by the municipal agency in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
h.
Publication. A brief notice of every final decision shall be published in the official newspaper of the Township. Such publications shall be arranged by the administrative officer without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
i.
Preliminary Approval of Site Plans and Major Subdivisions. Preliminary approval shall be granted or denied on applications to the Planning Board for a site plan of 10 acres 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 for a major subdivision of more than 10 lots within the 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in paragraphs m, n and o below.
j.
Minor Subdivision Approval; Final Approval of Site Plans and Major Subdivisions. 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 paragraphs m, n and o below.
k.
Conditional Use Approval. 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.
l.
Application or Appeal as to Zoning. The municipal agency shall decide appeals or applications for variances, interpretations or decisions as to zoning regulations not later than 120 days after the date an appeal is taken from the action of the administrative officer or after the date a complete application is submitted to the administrative officer, except as otherwise provided in Subsection I above.
m.
Conditional Use or Site Plan Review Simultaneously With Subdivisions. Whenever the Planning Board reviews conditional uses or site plans simultaneously with subdivisions, the longer or longest period of time for action in any such case shall apply to all such cases.
n.
The time for decision when Planning Board reviews application for subdivision, site plan or conditional use approval that includes request for hardship variance or special permit is as follows:
Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for hardship variance, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of the complete application to the administrative officer.
In the event that the developer elects to submit a separate consecutive application pursuant to § 30-11.5a, the aforesaid 120-day limitation shall apply to the application for approval of the hardship variance or special permit, and the period for granting or denying any subsequent approval shall be as otherwise provided in this chapter.
o.
Conditional Use Applications Requesting Site Plan Approval. 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.
p.
Board of Adjustment Review in Conjunction With Use Variance. Whenever an application is made to the Board of Adjustment for subdivision, site plan or conditional use approval in conjunction with the Board's review of a use variance, the 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.
q.
Extension of Time for Decision. Any time period specified for action by a municipal agency may be extended with the consent of the applicant or appellant.
r.
Failure to Render Decision on Time. 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 of filing subdivision plats.