(A) The Board shall include findings of fact and conclusions of law based thereon in each decision on any application for development and shall reduce the decision to writing.
(B) The Board may provide such written decision and findings and conclusions of law either on the date of the meeting at which the Board grants or denies approval or, within 45 days of such meeting, by the adoption of a resolution of memorialization setting forth the decision and findings and conclusions of the Board.
(C) 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. Any action resulting from the failure of a motion to approve the application shall be memorialized by resolution as provided above.
(D) 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 the majority of the Board members who voted for the action previously taken, and no other member shall vote thereon. The vote of such a resolution shall be deemed to be a memorialization of an action taken by the Board and not to be an action of the Board. If the Board fails to so adopt a resolution, any interested party may apply to the Superior Court in a summary manner for an order in accordance with N.J.S.A. 40:55D-10(g)(2).
(E) Whenever a memorialization is adopted, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings, and publications specified in § 156.013 of this chapter.
(Ord. 945-99, passed 9-13-99)