Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway. f. Notice shall be given by personal service or certified mail to the Department of Community Affairs of a hearing on an application for development of property which shall exceed one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to N.J.S.A. 40:55D-106. g. All notices hereinabove specified in this subsection shall be given at least ten (10) days prior to the date fixed for hearing and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development. h. Any notice made by certified mail as hereinabove required shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14. i. All notices required to be given pursuant to the terms of this section shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law. (Ord. No. 904-88 § 25-8.4E) 25-48.6 List of Property Owners. Pursuant to N.J.S.A. 40:55D-12c, the tax assessor shall, within seven (7) days after receipt of a request therefore, and upon payment of a ten ($10.00) dollar fee, make and certify a list from the current tax duplicate of the names and addresses of all owners to whom the applicant is required to give notice pursuant to this chapter. (Ord. No. 904-88 § 25-8.4F) 25-48.7 Decisions. 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

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 forty-five (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. 224