(14) Permit fees. Application charges and escrow account amounts for permits shall be as follows:
(b) The application charge is a flat fee to cover direct administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including but not limited to engineering, legal, planning and other expenses connected with the review of the submitted materials. In accordance with N.J.S.A. 40:55D-53 and N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.
(c) Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
(d) Each applicant for subdivision, site plan approval or any other land development matter shall agree, in writing, to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvements. All such costs for review and inspection must be paid before any construction commences, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued. All improvements and utility installations shall be inspected during the time of the installation under the supervision of the township engineer to ensure satisfactory completion. In accordance with section 62-165(f), the cost of the inspection shall be the responsibility of the applicant, and he shall deposit with the township treasurer, prior to any construction commencement, for placement in a special trust fund account, a sum equal to five percent of the amount of the total improvement cost of the project, excluding the cost of the structure. The total improvement quantity estimate shall be prepared by the applicant's engineer and submitted to the township engineer for review, approval and cost, setting forth all requirements for improvements as required by board approval. Additionally, the applicant/obligor shall be required to deposit with the township treasurer, for placement in a special trust fund account, a sum equal to one percent of the amount of the total improved cost of the project, excluding the cost of the structure, to cover the estimated fees for the subsequent inspection of the improvements to obtain a release of performance guaranties. Sums not utilized in the inspection process shall be returned to the applicant.
(e) If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the township shall be at the expense of the applicant, who shall arrange for the reporter's attendance.
(f) Notwithstanding anything to the contrary in this section, any application for subdivision or site plan approval or any other land development matter submitted by a charitable, philanthropic, fraternal or religious, nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 USC 501(c) or (d)) shall not be required to make payment in full of any escrow accounts but rather shall:
(1) Pay 25 percent of the total escrow amount otherwise due when the application is submitted.
(2) After the application is submitted, the applicant must at all times maintain on account a minimum of ten percent of the total escrow amount due in order to cover those items paid for out of the escrow account.
(3) If the amount on deposit in the escrow account for the applicant should fall below the required ten-percent minimum, the applicant shall be required to replenish the escrow account so that a ten-percent balance of the total escrow amounts due is held on account by the township.
(4) In determining whether an applicant qualifies for this reduction in escrow accounts, in addition to showing that it is a charitable, philanthropic, fraternal or religious, nonprofit organization holding a tax-exempt status as referred to in this subsection, the organization must also show that:
a. It primarily serves the residents of the township;
b. It promotes the public health, safety and welfare of the residents of the township.
c. Collection of the fees would constitute an economic hardship upon the applicant; or
d. The unique characteristics of the application make collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.
(g) Notwithstanding any other provision to the contrary in this section, any board of education shall be exempt from the payment of any fee charged under this chapter. (Code 1988, § 175-9; Ord. No. 65-94, §§ 1-3, 12-6-1994; Ord. No. 38-99, § II, 8-3-1999; Ord. No. 75-99, § 1, 12-14-1999; Ord. No. 58-03, § I, 7-15-2003; Ord. No. 2007-23, § I, 4-10-2007; Ord. No. 2008-28, § I, 5-13-2008; Ord. No. 2009-43, § I, 10-13-2009)
(a) Required. The appropriate municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the master plan. The hearing shall be held on a date to be fixed by the secretary of the appropriate agency, but in no case shall the hearing be set later than the last date the municipal agency has, by ordinance, to act on the application.
(b) Waiver of certain hearings. The municipal agency may waive notice and public hearings for minor subdivisions.
(c) Rules. The planning board and zoning board of adjustment may make rules governing the conduct of hearings before themselves, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or of this chapter.
(d) Maps and documents. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten days before the date of the hearing, during normal business hours, in the office of the secretary of the appropriate board. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.
(e) Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67-1 et seq., shall apply.
(f) Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(g) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the board may exclude irrelevant, immaterial or unduly repetitious evidence.
**Webmasters Note: The previous sections, 62-41(a)(5) through 62-42(g), have been amended as per Supplement No. 19.
(h) Records. Each board shall provide for a transcript of proceedings to any interested party at that party's expense, with the cost for the transcript not to exceed the maximum permitted in N.J.S.A. 2A:11-15. The transcript shall be certified to be accurate, in writing, by the transcriber. Any interested party may arrange for the services of a certified shorthand reporter to make a verbatim record of any proceedings; provided, however, that no such certified shorthand reporter shall be permitted to be seated for such purpose unless the reporter consents, on the record, to produce a transcript of the proceedings to be recorded within 25 days of a request for the transcript. A certified shorthand reporter may require that a deposit be paid prior to the preparation of any transcript, which deposit shall not exceed that which is permitted under the rules of court of the state. In no event shall the township or any official organ thereof be required to pay a deposit for the preparation of any transcript.
(i) Voting by absent member. When any hearing before the municipal agency shall carry over two or more meetings, a member of the board who was absent for one or more meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such board member has available to him a transcript or recording of the meeting from which he was absent and certifies, in writing, to the board that he has read such transcript or listened to such recording. (Code 1988, § 175-10)
(a) Notice required. Public notice of a hearing on an application for development shall be given by the applicant for the following:
(1) Preliminary site plan.
(2) Preliminary major subdivision.
(3) Relief pursuant to section 62-114(a), 62-83(h) or 62-168.
(4) Preliminary or final general development plan.
(5) Preliminary or final planned residential development.
(6) Design exception or waiver.
(7) Conditional use.
(8) Extension of or substantial revision to previously approved land development applications.
(b) Publication of notice. Public notice shall be given by publication in the official newspaper of the township at least ten days prior to the date of the hearing. No notice shall be given until a hearing date is established by the secretary of the board before which application is to be made.
(c) Exceptions. Notice of a hearing on an application for minor subdivision, final site plan or final major subdivision shall be excepted from the notice requirement, provided that public notice shall be given if relief is requested pursuant to subsection (a)(3) or (6) of this section as part of an application for development otherwise excepted in this division.
(d) Service of notice on adjoining owners. Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located within the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association, for any unit owner whose unit has a unit above or below it, or the horizontal property regime, for any co-owner whose apartment has an apartment above or below it. Such notice shall be given by serving a copy thereof on the owner as shown on the current tax duplicate or his agent in charge of the property or by mailing a copy thereof, by certified mail, to the property owner at his address as shown on the current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice-president, a secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(e) Notice to adjoining municipality. Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given, by personal service or certified mail, to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to subsection (d) of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
(f) Notice to county planning board. Notice shall be given, by personal service or certified mail, to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(g) Notice to commissioner of transportation. Notice shall be given, by personal service or certified mail, to the state commissioner of transportation of a hearing on an application for development of property adjacent; to a state highway.
(h) Notice to state planning commission. Notice shall be given by personal service or certified mail to the state planning commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to section 62-42(d).
(i) Time for service of notice. All notices specified in subsections (a) through (h) of this section shall be given at least ten days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of such service with the board holding the hearing on the application for development.
(j) Completion of service upon mailing. Any notice made by certified mail, as may be required in subsections (a) through (i) of this section, shall be deemed complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(k) Notice to public utility, cable television company or local utility. Notice of hearings on applications requiring public notice pursuant to subsection (a) of this section shall be given, in the case of a public utility, cable television company or local utility which possesses a right-of-way or easement within the township and which has registered with the township in accordance with section 62-44, by serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or by mailing a copy of the notice by certified mail to the person whose name appears on the registration form at the address shown on that form.
(l) Hearings by zoning board of adjustment or planning board.
(1) Not less than ten days prior to the scheduled date for any public hearing by the zoning board of adjustment or the planning board on any application for development that may result in the issuance of a certificate of occupancy, the applicant shall cause to be erected on the property which is the subject of the application for development a freestanding sign which shall contain the following information:
a. The name of the applicant;
b. The name of the board from which the applicant is seeking approval/relief;
c. The phone number of the board where a person may seek information as to the date and time of the public hearing on the application and a statement that this number may be called to obtain such information;
d. A brief description of the nature of the approval sought including the number of proposed dwelling units, the type of units, e.g., single-family homes, townhomes, garden apartments, and in the case of nonresidential uses, the nature of the proposed construction, e.g., warehouses, commercial use and the proposed square footage of the construction.
(2) The sign shall be not less than 32 square feet in area nor greater than 64 square feet in area, shall face a public street abutting the premises, and shall be located not more than 30 feet from such street.
(3) The lettering on the sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. Such sign shall remain on the property until such time as the board shall grant or deny final approval or until the applicant shall withdraw any such application, after which the applicant shall remove the sign within 14 days.
(4) This notice shall not be considered jurisdictional. The failure to comply with this subsection shall, however, constitute a violation of this chapter and the violator shall be subject to the penalties specified in section 1-13. (Code 1988, § 175-11; Ord. No. 65-94, § 4, 12-6-1994; Ord. No. 74-05, § I, 12-13-2005; Ord. No. 10-06, § II, 2-28-2006)
(a) Any public utility, cable television company, and local utility interested in receiving notice pursuant to section 62-43(k) and having a right-of-way or easement in the township may register with the township engineer by submitting:
(1) A completed registration form to be provided by the township engineer; and
(2) A registration fee of $10.00.
(b) The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.
(c) Any change in the information provided on the registration form by the public utility, cable television company, or local utility shall require submittal of a new registration form and an additional fee of $10.00. (Code 1988, § 175-11.1)
(a) Each applicant for a subdivision, site plan approval or any other land development matter shall be required to pay the escrow account fees set forth in section 62-41, thereafter submitting a certification to the appropriate board that all escrow fees due and owing have been paid.
(b) Pursuant to N.J.S.A. 40:55D-53.2c, if an escrow account or deposit ever contains insufficient funds to enable the township to perform the required application reviews or improvement inspections, the chief financial officer of the township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within 30 days from the issuance of the notice, post a deposit to the escrow account in an amount equal to the amount indicated in the notice.
(c) During the period of time that the escrow account or deposit contains insufficient funds, the township engineer shall not perform any inspections or application reviews. Any required health and safety inspections, however, shall be made and charged back against the replenishment of funds.
(d) If the escrow account has insufficient funds 30 days after the date of the notice from the chief financial officer, the board may dismiss the application without prejudice until sufficient funds have been placed into the escrow account. The board may provide in its resolution of dismissal that the applicant may revive the application without paying a new filing fee after the additional required escrow deposits are made. Any revival will subject the applicant to the notice requirements of N.J.S.A. 40:55D-12.
(e) The board may also condition preliminary or final approval of the application upon replenishment of the escrow account.
(f) If a developer receives a notice from the chief financial officer pursuant to subsection (b) of this section, the developer shall notify all purchasers who are under contract for any unit or home within the development that its escrow deposits are below that required by the township. Such notice shall set forth the possible consequences of inadequate escrow deposits, as stated in this section. All such notices shall be sent by certified mail, return receipt requested, within seven business days of the notice referred to in subsection (b) of this section. The developer shall also provide a disclosure notice to any prospective purchaser not yet under contract, pursuant to section 62-2838(a)(8), that a default exists in its escrow account and that no approvals or inspections will be granted or performed until the account is replenished to the satisfaction of the township. All notices required in this section will be stated in a form prepared by the township. The developer's obligation under this section shall be a continuing obligation until such time as the escrow account is replenished to the satisfaction of the township. (Ord. No. 88-00, § 1(175-12), 11-21-2000; Ord. No. 36-01, § I, 6-5-2001)
Pursuant to the provisions of N.J.S.A. 40:55D-12C, the township engineer shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee of $0.25 per name or $10.00, whichever is greater, and after consultation with the office of the tax assessor, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to section 62-43. In addition, the township engineer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to section 62-44. (Code 1988, § 175-13)
**Webmasters Note: The previous sections, 62-43(i) through 62-46, have been amended as per Supplement No. 6.
(a) Decisions by resolution to set forth findings. Each decision on an application made pursuant to this division shall be set forth, in writing, as a resolution of the planning board or zoning board of adjustment, which shall include findings of fact and legal conclusions based thereon. 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.
(b) Time for adoption of resolution. The time for adoption of the resolution shall be in accordance with the following:
(1) All resolutions required by this chapter shall be adopted within the time limits provided for by law for action on any application. However, if the action to either grant or deny approval is taken at a meeting within the final 45 days of the applicable time period for rendering a decision, then, and in that event, a resolution of memorialization shall be adopted within 45 days of the date of the meeting at which the action was taken. A resolution memorializing an action to deny an application for development shall be adopted within the applicable time period for rendering a decision on the application.
(2) The adoption of a resolution of memorialization pursuant to this section 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 who voted for the action previously taken, and no other member shall vote thereon.
(3) The vote on any such resolution shall be deemed a memorialization of an action of the board involved and not an action of that board, except that failure to adopt the resolution within the 45-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon. The date of adoption of such a resolution, however, shall constitute the date of decision for the purpose of any mailings, filings or publication which may be required by statute or ordinance.
(c) Copy of decision. A copy of the decision shall be mailed by the board, within ten days of the date of the decision, to the applicant or, if represented, 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 set forth in section 62-41. A copy of the decision shall also be filed in the office of the secretary of the appropriate board, who shall also make a copy of such filed decision available to any interested party upon payment of the fee set forth in section 62-41. The secretary of the appropriate board shall also make a copy of the decision available for public inspection at his office during reasonable hours. (Code 1988, § 175-14)
A.brief notice of every final decision of the planning board and zoning board of adjustment relating to an application before the board shall be published in the official newspaper of the township. Such publication shall be arranged by the secretary of the appropriate board at the expense of the township, and the cost of the publication shall be considered to be included in the normal fees for applications. The notice shall be sent to the official newspaper within ten days of the date of any such decision. (Code 1988, § 175-15)
(a) 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 zoning board of adjustment shall be accompanied by proof that no municipal liens, taxes or assessments for local improvements are due or delinquent on the property which is the subject of the application. No application shall be deemed to be complete until such proof has been received by the secretary of the board before which the application is being made.
(b) Proof of payment shall be submitted, and permits may be suspended or revoked as follows:
(1) Pursuant to N.J.S.A. 40:52-1.2, every application by a property owner for the issuance or renewal of any permit or certificate of occupancy required by this chapter, or for which a fee is charged pursuant to section 22-67, shall include proof that there are no delinquent property taxes or assessments due on the property for which the application is submitted.
(2) A permit may be suspended or revoked when any permit holder, who is an owner of the property upon which the permitted activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters.
a. If property taxes are delinquent for two consecutive quarters, the township shall notify the owner/permit holder, in writing, that taxes are delinquent and that failure to bring the taxes current by the due date of the next succeeding quarter shall result in immediate and automatic suspension of all permits issued by the township in connection with the property
b. Where property taxes remain delinquent as of the close of business on the due date for the third consecutive quarter or the 30th day following mailing of such notice by the township, whichever is later, the appropriate enforcing officer shall declare all permits suspended and direct that all activity conducted pursuant to such permits immediately cease.
c. Upon presentation to the enforcing officer of proof of payment of the delinquent taxes or- assessments within 30 days of the date of suspension, the permits shall automatically be restored.
d. If the taxes or assessments remain delinquent after 30 days from the date of suspension, the permits shall be declared revoked, and the permit holder shall be required to reapply for all such revoked permits. (Code 1988, § 175-16; Ord. No. 36-99, § II(A), 8-3-1999)
(a) By whom; time; notice. Appeals to the zoning board of adjustment may be taken by any interested party or by an officer, department, board or bureau of the township affected by any decision of the administrative officer. Each appeal shall be taken within the 20 days prescribed by the statute by filing a notice of appeal with the officer from whom the appeal is taken, together with eight copies of the notice with the secretary of the board of adjustment. Such notice of appeal shall specify the grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(b) Filing. Applications addressed to the original jurisdiction of the board of adjustment, without prior application to an administrative officer, shall be filed with the secretary of the zoning board of adjustment. Eight copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than ten days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the board of adjustment. The applicant shall obtain all necessary forms from the secretary of the board of adjustment. The secretary of the board shall inform the applicant of the steps to be taken to initiate proceedings and of the regular meeting dates of the board.
(c) Stay of proceedings. An appeal stays all proceedings in furtherance of the action in respect of which the decision appealed from was made, unless the officer from whom the appeal is taken certifies to the board of adjustment, after the notice of appeal shall have been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of adjustment or by the state superior court, on notice to the officer from whom the appeal is taken and on due cause shown.
(d) Powers of board. In exercising such power, the board of adjustment may, in conformity with the provisions of N.J.S.A. 40:55D-1 et seq., reverse or affirm, wholly or in part, or modify any order, requirement, decision or determination made. For purposes of an appeal, the board shall have all the powers of the administrative officer from whom the appeal was taken. (Code 1988, § 175-17)
(a) By whom. Any interested party may appeal to the township council any final decision of the zoning board of adjustment approving an application for development pursuant to N.J.S.A. 40:55D-70 in accordance with and in the manner prescribed in N.J.S.A. 40:55D-17 and as set forth in this section.
(b) Time and manner of appeal. Such appeal shall be made within ten days after the date of publication of the decision by serving upon the township clerk, personally or by certified mail, a notice of appeal specifying the grounds thereof and the name and address of the appellant and, if represented, the name and address of his attorney.
(c) Proceedings stayed by appeal; exception. An appeal to the township council shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the municipal agency from whose action the appeal is taken certifies to the township council, after the notice of appeal has been filed with such agency, that, by reason of facts stated in the certificate, a stay would in the agency's opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other than by order of the superior court, on application upon notice to such agency and on good cause shown.
(d) Time for arranging for transcript; copies of transcript; failure to comply. The time for arranging for a transcript, the furnishing of copies of the transcript and the effect of the appellant's failure to comply shall be as follows:
(1) The appellant shall:
a. Within five days after service of the notice of appeal upon the township clerk, arrange and pay the required deposit of the lesser of $50.00 or the estimated cost of the transcript for a transcript of the proceedings for use by the township council when the municipal agency is to furnish the transcript and thereafter pay any excess of the cost of the transcript over the amount of the deposit; or
b. Within 35 days after service of the notice of appeal upon the clerk, arrange and pay for a duplicate recording of the proceedings and have a transcript of such recording prepared.
(2) In lieu of a fee to be paid by the appellant for furnishing a sufficient number of copies of the transcript as provided for in subsections (d)(1)a. and (d)(1)b. of this section, the appellant shall submit to the township clerk seven copies of such transcript for use by the township council in considering the appeal ten days prior to the hearing on appeal.
(3) If an appellant shall fail to comply with subsections (d)(1) and (2) of this section, the appeal may be dismissed for failure to prosecute:
(e) Notice of meeting. Notice of the meeting to review such record shall be given by the township council by personal service or certified mail to the appellant, to those entitled to notice of the municipal agency's decision and to the municipal agency from which the appeal was taken at least ten days prior to the date of the meeting.
(f) Appeal to be decided on record; argument permitted; recording of meeting. An appeal shall be decided by the township council only upon the record established before the municipal agency. The parties may submit oral and written argument on the record at such meeting, and the township council shall provide for verbatim recording and transcripts of such meeting as required by N.J.S.A. 40:55D-17b and N.J.S.A. 40:55D-l0f.
(g) Power to affirm, reverse or remand; vote required to affirm, reverse or remand. The township council may affirm, reverse or remand, wholly or in part, with or without conditions, the final decision appealed from. The affirmative vote of a majority of the full authorized membership of the township council shall be necessary to reverse or remand to the board of adjustment or to impose conditions on or alter conditions to any final action of the board of adjustment. Otherwise, the final action of the board of adjustment shall be deemed to be affirmed; a tie vote of the township council shall constitute affirmance of the decision of the board of adjustment.
(h) Time for decision on appeal; extension; failure to render decision within time. The township council shall conclude its review of the record and render its decision not later than 95 days after the date of publication of notice of the decision as provided in subsection (j) of this section, unless the applicant before the municipal agency consents, in writing, to an extension of such period. Failure of the township council to hold a hearing and conclude a review of the record and to render a decision within such period without such written consent of the applicant shall constitute a decision affirming the action of the municipal agency.
(i) Furnishing copies of decision. The township council, not later than ten days after the date of its decision, shall mail a copy thereof to the appellant and applicant or, if represented, to their attorneys, without separate charge and for a reasonable charge to any other interested party who requests it.
(j) Publication of decision; time for further review by court. The township council shall cause a brief notice of its decision to be published in a newspaper of general circulation in the township and may make a reasonable charge for such publication. The applicant and/or the appellant also may cause such publication to be made if he so desires. The time for appeal from the township council's decision to a court of competent jurisdiction shall run from the first publication, whether such publication is made by the township, the applicant or the appellant. (Code 1988, § 175-17.1)
