A. Each decision on any application for development shall be set forth in writing as a resolution of the board, which shall include findings of fact and legal conclusion based thereon. The board shall vote to either approve or deny the application. Failure of a motion approving an application for development to receive the number of votes for approval shall be deemed an action denying the application.
B. Resolution of memorialization.
(1) The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.
(2) The adoption of a resolution of memorialization pursuant to this subsection 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 Board 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 Board and not to be an action of 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.
(3) Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailing, filing and publications as required by this chapter.
C. A copy of the decision shall be mailed by the Board within 10 days of the date of decision to the applicant or, if represented, to his attorney without separate charge. A copy of the decision shall also be mailed to any interested party and to all persons who have requested it and who have paid the fee set forth in Article VII for such service. A copy of the decision shall also be filed in the office of the Board Secretary, who shall make a copy available for public inspection at such office during reasonable hours.
D. Notice of any determination with respect to an application shall be given by the applicant to the Pinelands Commission within five days following receipt by the applicant of such determination. Such notice shall be in a form as the Executive Director of the Pinelands Commission shall specify; but such notice shall, as a minimum, contain at least the information required pursuant to § 175-60. These requirements shall not apply to those types of development set forth in § 175-60A(2) of this chapter.
[Amended 4-10-1989 by Ord. No. 7-1989]
E. No development authorized pursuant to an approval of an application for development shall commence until the review and notice and procedures of § 175-60 have been met.
[Amended 4-10-1989 by Ord. No. 7-1989]
F. No final subdivision or site plan approval shall be issued until the requirements of § 175-60 are met.
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