[Amended 11-8-1984 by Ord. No. 1006]
A.
The municipal agency 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 municipal
agency shall provide the findings and conclusions through:
(2)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
municipal agency voted to grant or deny approval. Only the members
of the municipal agency who voted for the action taken may vote on
the memorializing resolution, and the 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. The failure of a motion
to approve an application shall be memorialized by a resolution, as
provided above, with those members voting against the motion for approval
being the members eligible to vote in the memorializing resolution.
The vote of any such resolution shall be deemed to be a memorialization
of the action of the municipal agency and not to be an action of the
municipal agency; however, the date of adoption of the resolution
shall constitute the date of the decision for purposes of the mailings,
filings and publications required by N.J.S.A. 40:55D-10.
B.
If the municipal agency fails to adopt a resolution
or memorializing resolution as hereinabove specified, any interested
party may apply to the Superior Court in a summary manner for an order
compelling the municipal agency 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 municipality.
A copy of the decision shall be mailed by the
Board, within 10 days of the date of the decision, to the applicant
or, if represented, then to his attorney, without separate charge.
A copy of the decision shall also be mailed to all persons who have
requested it and who have paid the fee prescribed by the Board for
such service. A copy of the decision shall also be filed in the office
of the Borough Clerk, who shall make a copy of such filed decision
available to any interested party upon payment of a fee calculated
in the same manner as those established for copies of other public
documents in the Borough of Palisades Park.
Pursuant to the provisions of N.J.S.A. 40:55D-39
and 40:55D-65, every application for development submitted to the
Planning Board or Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application, or, if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by either Board shall be conditioned
upon either the prompt payment of such taxes or assessments or the
making of adequate provision for the payment thereof in such manner
that the municipality will be adequately protected.
A brief notice of every final decision shall
be published in the official newspaper of the Borough of Palisades
Park. Such publication shall be arranged by the Secretary to the Planning
Board or Board of Adjustment, as the case may be, provided that nothing
contained herein shall be construed as preventing the applicant from
arranging such publication if so desired. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision, whether arranged by the municipality or the applicant.
