§ 200-77. Decisions on applications for development.

A. 

Decisions to be in writing and contain findings and conclusions. Each decision of the Planning Board on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.

B. 

County Planning Board approval. Whenever review or approval of any application by the County Planning Board is required, the Planning Board 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 proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application for development in accordance with this Part 3, and if such application complies with the requirements of this Part 3, the Planning Board 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 Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency.

Editor's Note: Original Section 24-3.4.5, which immediately followed this subsection, was deleted 12-22-1980 by Ord. No. 80-41.

E. 

Decisions to be furnished to applicant and others. A copy of each decision shall be mailed by the Planning Board within 10 days after the date of decision to the applicant or, if represented then to the applicant's attorney, without separate charge, and to all others upon request for a fee as noted in Chapter 82, Fees.

F. 

Filing in office of administrative officer. A copy of each decision shall also be filed by the Planning Board in the office of the administrative officer, who shall make a copy of the filed decision available to any interested party for a fee as noted in the Chapter 82, Fees, and available for public inspection at the administrative officer's office during reasonable hours.

G. 

Publication. A brief notice of each decision shall be published by the administrative officer, and the Township may make a reasonable charge for such publication. The applicant, also, may cause such publication to be made if the applicant so desires. The time for appeal from the decision shall run from the first publication, whether made by the administrative officer or the applicant.

H. 

Time for decision on applications to Planning Board for 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 95 days, after the date of submission of a complete application to the administrative officer, except as otherwise provided in Subsections J through N of this section.

I. 

Time for decision on applications to Planning Board for minor subdivision approval and 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 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 Subsections J through N of this section.

J. 

Time for decision when Planning Board reviews conditional uses or site plans 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.

K. 

Time for decision when Planning Board reviews applications for subdivision, site plan or conditional use approval that includes request for variance. Whenever an application to the Planning Board for approval of a subdivision plat, site plan or conditional use includes a request for a variance pursuant to N.J.S.A. 40:55D-60, the Planning Board shall grant or deny approval of the application within 120 days after the date of submission of a complete application to the administrative officer. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this act.

[Amended 8-13-1984 by Ord. No. 84-24]

L. 

Time for decision when Planning Board reviews application for conditional use that includes request for 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.

M. 

Time for decision when Board of Adjustment reviews subdivision, site plan or conditional use 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.

N. 

Extension of time for decision. Any time period for action by the Planning Board may be extended with the consent of the applicant or appellant.

O. 

Failure to make decision within time. The failure of the Planning Board 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 Part 3 and shall be accepted as such by the County Clerk for purposes of filing subdivision plats.