The Planning Board and Board of Adjustment shall, by their rules, fix the time and place for holding their regular meetings for business authorized to be conducted by such Boards. Regular meetings of the Boards shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The Boards may provide for special meetings at the call of the Chairman or on the request of any two of their members, which meetings shall be held on notice to the Boards' members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present.

All regular meetings and all special meetings of the Planning Board and Board of Adjustment shall be open to the public. Notice of all such meetings shall be given in accordance with this chapter and other municipal regulations. An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting within the meaning of this chapter.

Minutes of every regular or special meeting of the Planning Board or Board of Adjustment shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney; the action taken by the Board; and the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the administrative officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for this use.

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.

The adoption of a resolution of memorialization, pursuant to § 160-43 of this chapter, 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 a 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 an action of the municipal agency and not to be an action on an application for development by 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.

In the event that a developer submits an application for development proposing a 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 Planning Board or Board of Adjustment shall process such application for development in accordance with this chapter, and, if such application for development complies with this chapter, the Board shall approve such application conditioned on removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval by a governmental agency other than the Planning Board or Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Township shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the Board is prevented or relieved from so acting by the operation of law.

Whenever conditional approval is granted and the condition requires action by the applicant to be satisfied, the applicant shall have not more than 90 days to satisfy such conditions and provide proof of satisfaction of the condition to the municipal agency. Failure to satisfy the conditions within that time shall result in the approval being null and void.

Application forms. All applicants for development shall obtain application forms from the Secretary of the municipal agency to which the application is to be submitted.

Checklists.

Completeness of application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. A municipal agency may authorize a committee or designee to certify completeness by resolution adopted at a regular meeting of that municipal agency. Certification as to the completeness of an application shall be in the form of a motion of that agency, duly adopted at a regular meeting, or the execution of a checklist certification of completeness by the authorized committee or designee. In the event that the agency does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information required by a checklist authorized by § 160-36B and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. Notice of an incomplete application shall be mailed to the applicant at the address set forth in the application.

Waiver of defects. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days.

Proof of substantiation not relieved. No provision of this section shall be construed as diminishing the applicant's obligation to prove, in the application process, that he is entitled to approval of the application.

Correction and supplementation of application.

For all developments of four lots or four units, a conceptual plan shall be submitted for discussion with the Planning Board prior to submission of a preliminary application for major subdivision or major site plan.