West Orange City Zoning Code
§ 25-48.7
Decisions.
[Ord. No. 2357-12 § 25-48.7]
a.
The Planning Board or Zoning Board of Adjustment 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 Board shall provide the findings and conclusions through:
1.
A resolution adopted at a meeting held within the time period provided in the act for action by the Board on the application for development; or
2.
A memorializing resolution adopted at a meeting held not 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 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 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 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 the purpose of the mailings, filings and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as herein 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 attorney's fees, shall be assessed against the Township.
b.
A copy of the decision shall be mailed by the Board within 10 days of the date of the decision to the applicant, or if represented, then to his/her 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 clerk, who shall make a copy of such filed decision available to any interested party upon payment of fee calculated in the same manner as those established for copies of other public documents in the ownership.
c.
A brief notice of every final decision shall be published in the West Orange Chronicle or the Star-Ledger. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, 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.
