A.Written Decisions.

1 Each decision on any application for development shall include findings of fact and conclusions based thereon in each decision or any application for development and shall reduce the decision to writing

2 Failure of a motion to receive the number of votes required to approve an application for development pursuant to the exceptional vote requirements of N J S A 40 55D-25 or subsection 57d, N J S A 40.55D-1 et seq shall be deemed ail action denying the application

3 The municipal agency shall provide the findings and conclusions through

a A resolution adopted at a meeting held within the time period provided in N J.S A 40 55D-1 et seq for action by the municipal agency on the application for development, or

b A memorializing resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the municipal agency votes to grant it 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 An action pursuant to N.J S A 40 55D-1 oaf, (resulting from the failure of a motion to approve an application) 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 resolutions The vote on 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 the adoption of the resolution shall constitute the date of the decision for purposes of the markings, filings and publications required by subsection h and i of N J.S A 40 55D-10 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 attorneys' fees, shall be assessed against the municipality

A.brief notice of every final decision shall be published in the official newspaper of the municipality Such public action shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision

A. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency or its authorized committee or designee. A Complete Application shall include any Application Form completed as specified by this Ordinance ad the, rules and regulations of the Planning Board pr Board of Adjustment and all accompanying information and documents required for approval of the Application for development as indicted on the Check List adopted by Ordinance and provided to the applicant.

1. No subdivision and/or site plan Application shall be deemed complete unless the land subject to the proposed subdivision and/or site plan is serviced by both, public sanitary sewer and public water. Applicants shall be required, as a condition of completeness for all subdivision and site plan applications, to obtain public sanitary sewer and public water utility certifications allocating capacity to the subdivision and/or site plan from the approving authority. A sanitary sewer capacity allocation and connection or collection system extension approval Resolution to serve the proposed development must be obtained from, the governing body of the Township of Berkeley Heights. A Water Main Extension Agreement or Will Serve Letter must be obtained from the serving Water Utility Company.

2. Where the need for off-tract public sanitary sewer and/or water utility service improvements are created by the proposed subdivision or site plan, the Applicant shall, as a condition of Application completeness and at the Applicant's sole expense, obtain all lands and/or easements located outside the development property boundaries. Such Lands and/or easements, upon completion and acceptance of the off-tract utility improvements shag be dedicated to the Township of Berkeley Heights and/or the Water Utility Company.

3. In the event that the agency, committee or designee does not certify the applications to be complete within forty-five (45) days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five day period for purpose of commencing the applicable time period, unless (1) the application lacks information indicated on a checklist as hereinafter specified, a copy of which, shall have been provided to the applicant, and (2) the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the, application within forty-five (45) days of submission of the application. The applicant may, request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within forty-five (45) days. Nothing herein shall be construed as diminishing the Applicant's obligation to prove it the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the Ordinance or revision in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary fur the approval of the applies for development have been met. The Application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the agency.

B. All Check List requirements for all applications for development are presently on file and on forms in the Township Engineer's office of the Township of Berkeley Heights and said Check Lists are hereby incorporated by reference as if the same were set forth at length in the within Ordinance.

1. The check lists previously adopted by ordinance for use in connection applications filed with the Planning Board or Board of Adjustment are to be amended by including therein the following as conditions to be satisfied or waived prior to an application being deemed complete under the provisions of the Municipal Land Use Law:

a. For any application involving the movement of ore than 249 cubic yards of soil or placement of soil on any property to a height of more than four feet, the applicant shall submit a copy of an approved soil movement, permit granted by the Planning Board, or a determination, by the Planning Board that sums soil movement should be reviewed as a part of the development application.

b. For any application on any site which has been subject to action by the New Jersey Department of Environmental Protection as a of contamination hazardous materials, the applicant shall submit a copy of a leer of non-applicability, memorandum or understanding or other documentation from the New Jersey Department of Environmental Protection approving or waiving .a specific clean-up plan or other means of preventing the contamination from impacting on the public health, safety, or general welfare.

c. For any application on any site which bas been subject to action by the United States Environmental Protection Agency as a result of contamination by hazardous materials, the applicant shall submit a copy of a letter of non-applicability, memorandum of understanding, approved remediation plan or other documentation from the United States Environmental protection Agency approving or waiving a specific clean-up plan or other means of preventing the contamination from impacting on the public health, safety, or general welfare.

d. For any application on any site, the Applicant shall provide proof of Public Sanitary Sewer and Public Water utility capacity to the subdivision and/or site plan from the approving Authority.

A.sanitary sewer capacity allocation and connection or collection system extension approval Resolution to serve the proposed development must be obtained from the governing body of the Township of Berkeley Heights. A Water Main Extension Agreement or Will Serve Letter must be obtained from the Water Utility Company. (Where the need for off-tract public sanitary sewer and/or water utility service improvements are created by the proposed subdivision or site plan, the Application shall, as a condition of Application completeness and at the Applicants sole expense, obtain all lands and/or easements located outside the development property boundaries. Such lands and/or easements, upon completion and acceptance of the off-tract utility improvements, shall be dedicated to the Township of Berkeley Heights)

**Webmasters Note: The previous section has been amended as per Ordinance No. 29-05.

The developer's agreement required by Sections 9.4 4E and 10.1 4D shall be in form approved by, and reasonably satisfactory to, the Township Attorney and the attorney for the approving authority. It shall include such terms and conditions as may be established by the approving authority in addition to the following:

A.Amounts of required performance bonds, inspection fees and cash escrows,

B.Description of approved plans and conditions of approval,

C.Maintenance bond requirements,

D.Agreement to convey required rights of way and easements,

E.Maintenance obligations prior to acceptance of improvements and maintenance, including snow removal of all streets and roads during construction,

F.Regulations insuring no adverse drainage conditions

A.standard form agreement shall be kept on file in the offices of the Planning Board and Board of Adjustment and such form is incorporated herein by reference as if the same were set forth at length herein