[Amended 5-10-93 by Ord. No. 93-23; 10/2/95 by Ord. No. 95-34]

Escrow shall be deposited with the Township to cover the cost of any professional services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.)

Prior to an application being ruled complete, the following sum(s) shall be submitted to be held in escrow:

Escrow shall be posted with the Township in cash, Certified Check or Money Order.

All funds shall be deposited by the Finance Officer in accordance with N.J.S.A. 40:55D-53.1.

All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. if the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the municipality shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality shall not bill the applicant or charge the deposit or the escrow account for any such services.

[Added 5-10-93 by Ord. No. 93-23; amended 10-2-95 by Ord. No. 95-34]

The municipality shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55D-53.2. If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.

[Added 5-10-93 by Ord. No. 93-23]

All escrow funds shall be utilized by the appropriate Board to pay the cost of any professional fees incurred by the Board for review and/or testimony. The term "professional", as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to insure that an application complies with the standards set forth in Township ordinances and experts whose testimony may be solicited to give further information to the Approving Board in any area addressed by any of applicant's experts.

[Added 5-10-93 by Ord. No. 93-23; amended 10-2-95 by Ord. No. 95-34]

The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L.1975, c.291 (C-40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be are completed. After receipt of such notice, the professional shall render a final bill to the chief financial officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c.315 (C.40:55D-53.1), shall be refunded to the developer along with the final accounting.

NOTE: To facilitate the release of escrow, applicants are requested to submit a signed escrow release voucher with the development application.

[Added 5-10-93 by Ord. No. 93-23]

No subdivision plat or deed, or site plan, shall be signed, nor shall any zoning permits, based upon variances or interpretations of the Zoning Ordinance, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:

(a) All bills for reimbursable services have been received by the municipality from professional persons rendering services in connection with such application;

(b) The applicant has reimbursed the municipality the excess by which the amount of the bills exceeds the amount escrowed. The applicant shall place on the record its agreement to be bound by the provisions of the Township's Escrow ordinances.

[Added 5-10-93 by Ord. No. 93-23]

No professional personnel submitting bills to the Township under this ordinance shall charge for any of the services referred to therein at any higher rate or in any different manner from that which would normally be charged to the municipality for similar work. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment for service be delayed pending reimbursement of the Township by an applicant.

[Added 10-2-95 by Ord. No. 95-34]

The chief financial officer of a municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution.

Each payment charged to the deposit for review of applications, review and preparation of document and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the chief financial officer of the municipality on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the municipality simultaneously to the applicant. The chief financial officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the chief financial officer of the municipality 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 a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and, safety inspections shall be made and charged back against the replenishment of funds.

[Added 10-2-95 by Ord. No. 95-34]

A. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-1 27) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county construction board of appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53-2), except that if the professional has not supplied the applicant with an informational copy of the professional's voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53-2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

B. The county construction board of appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than I 0 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.

C. The county construction board of appeals shall provide rules for its procedure in accordance with this section. The board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigation Law," P.L.1953, c.38 (C.2A:6AA-1 et seq.) shall apply.

D. During the pendence of any appeal, the municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

Whenever the Environmental Commission has prepared and submitted to the Planning Board and to the Board of Adjustment an index of the natural resources of the Township (Natural Resources Inventory), the Planning Board or Board of Adjustment shall make available to the Environmental Commission an information copy of every application for development submitted to either Board. Failure of the Planning Board or Board of Adjustment to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.

Notices pursuant to this ordinance shall state the time and place of the hearing; the nature of the matters to be considered; and in, the case of notices pursuant to N.J.S.A. C.40:55D-12, identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's Office, and the location and times at which any maps and documents for which approval is sought are available.

Whenever a hearing is required on an application for development pursuant to c. 291, P.L. 1975 (N.J.R.S. 40:55D-1 et seq.), the applicant shall give notice as follows:

A. Notice shall be given by the applicant not less than ten (10) days prior to the date of the hearing.

B. Public notice of a hearing on all applications for development and for appeals, except for minor site plans, and final subdivision, shall be given by the applicant. Public notice shall be given by publication in one of the official newspapers of the township,

C. Notice of a hearing requiring public notice pursuant to Subsection B of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located in the State and within two hundred (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 (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said 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 said 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, 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.

D. Upon the written request of an applicant, the Director of Planning and Engineering or his designee shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection C of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $.25 per name, or $10.00, whichever is greater, shall be charged for such list.

E. Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

F. 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 two hundred (200) feet of a municipal boundary. Such notice shall be accompanied by a copy of the application for development which has been filed with the East Brunswick Director of Planning and Engineering or his designee(s), and by three (3) full sets of all supporting documents. The copy of the foregoing application and documents which are delivered to the Middlesex County Planning Board shall bear the 'received" stamp of the East Brunswick Department of Planning and Engineering.

G. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway, as it affects access, drainage and utilities. Such notice shall be accompanied by a copy of the application for development which has been filed with the East Brunswick Director of Planning and Engineering, or his designee, and by six (6) full sets of all supporting documents. The copy of the foregoing application and documents which are delivered to the Commissioner of Transportation shall bear the "received" stamp of the East Brunswick Department of Planning and Engineering.

H. Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceed one hundred fifty (1 50) acres or five hundred (500) dwelling units. Such notice shall be accompanied by a copy of the application for development which has been filed with the East Brunswick Director of Planning and Engineering, or his designee, and by one (1) copy of all supporting documents. The copy of the foregoing application and documents which are delivered to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, shall bear the "received" stamp of the East Brunswick Department of Planning and Engineering.

I. Notice shall be given by personal service or certified mail to the appropriate official of the United States Soil Conservation Service district office of an application for development which exceeds five thousand (5,000) square feet of soil disturbance in accordance with the Soil Erosion and Sediment Control Act, N.J.R.S. 4:24-39 et seq. Such notice shall be accompanied by a copy of the application for development which has been filed with the East Brunswick Director of Planning and Engineering, or his designee, and by three (3) full sets of the soil erosion and sedimentation control plans submitted with such application. The copy of the foregoing application and documents which are delivered to the United States Soil Conservation district office shall bear the "received" stamp of the East Brunswick Department of Planning and Engineering.

J. Notice shall be given by personal service or certified mail to the Commissioner of Environmental Protection, State of New Jersey, of any application for development of property which involves a stream encroachment, as defined by N.J.R.S. 58:1 et seq., and of any application for development of property involving a floodway as designated by the State of New Jersey. Such notice shall be accompanied by a copy of the application for development which has been filed with the East Brunswick Director of Planning and Engineering, or his designee, and by five (5) full sets of the plans submitted with each application. The copy of the foregoing application and documents which are delivered to the Commissioner of Environmental Protection shall bear the "received" stamp of the East Brunswick Department of Planning and Engineering.

K. The applicant shall file an affidavit of proof of service of all of the aforesaid notices required for the applicants particular application with the township agency holding the hearing on the application for development, in the event that the applicant is required to give notice pursuant to this section.

Any notice made by certified mail shall be complete upon mailing.

No application for development will be granted unless all conditions imposed on prior approved applications for the same site have been completed.

[Amended 5-10-93 by Ord. No. 93-24]

Pursuant to the provision of N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-65, every application for development submitted shall be accompanied by proof that no taxes or assessments for local improvements or fines, penalties or any monies are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes, assessments, fines, penalties or any monies are delinquent on said property, no deliberations or action shall be taken by any Township agency or Board. At the time of Board action or deliberation on an application, proof shall be submitted that no taxes or assessments, as of that date, for local improvements are due or delinquent.

The applicant or his agent shall appear at all regular meetings of the Board whenever the application is being considered. Failure to appear shall give the Board the right to postpone action on the application if the applicant or the agent's absence deprives the Board of information necessary to make a decision.

A. Meetings of each Board shall be scheduled at least once a month, unless canceled for lack of applications.

B. Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

C. No action shall be taken at any meeting without a quorum being present.

D. All actions shall be taken by majority vote of the members of the municipal agency present except as otherwise required by Sections of this chapter.

E. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act (N.J.S.A. 10:4-6, et sea.).

Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the township agency and of the persons appearing by attorney, the action taken by the township agency, the findings it any, made by it and the reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Director of the Department of Planning and Engineering. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by this chapter for reproduction of the minutes for his use.

A. The municipal agency shall hold a hearing on each application for development or adoption, revision or amendment of the Master Plan.

B. The municipal agency shall make the rules governing the conduct of hearings which 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 ordinance.

C. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing, during normal business hours, in the office of the Director of the Department of Planning and Engineering. The applicant may produce other documents, records or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.

D. 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, P.L. 1953, c. 38,(c.2A:67A-1 et seq), shall apply.

E. 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.

F. All representations, commitments and agreements made by the applicant or his representatives at the hearing or contained in any document, plat or submission delivered to the Board at any time, including notes contained on any development plans, unless modified by the Board, shall be considered as conditions of approval of the application for development and shall be incorporated by reference in the resolution of approval.

G. Technical rules of evidence shall not be applicable to the hearing, but the Chairperson of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

H. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense, as set forth in 3-114 of the Code provided that the cost shall not exceed the maximum permitted in N.J.S.A. 2A:11-5.

I. When any hearing before a Board shall carry over two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one (1) or more of the previous meetings; provided, however, that such Board member has available to him a transcript or recording from the meetings from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.

J. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

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:

1. A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or

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. An action pursuant to N.J.S.A. (C.40:55D9) (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 resolution. 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 mailings, filings and publication required by subsections h. and i. of N.J.S.A. 40:55D-10. If the municipal agency fails to adopt a resolution or memorializing resolution as herein above specified, any interested party may apply to Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing with a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.

B. Copies of the decision shall be mailed by the Secretary of the Board within ten (1 0) days of the date of decision to 'the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a fee as specified in this chapter. A copy of the decision shall, also be filed by the township agency in the office of the Township Clerk or the Director of the Department of Planning and Engineering, who shall make a copy of such filed decision available to any interested party for a fee as specified in this chapter and available for public inspection at his or her office during township business hours.

C. A brief notice of the decision shall be published in the official newspaper of the township. Such publication shall be arranged by the Township Clerk or the Director of the Department of Planning and Engineering or his designee, provided that the applicant may in any case provide for publication of the decision. The applicant shall pay a fee as designated by this chapter for publication of said notice; provided, however, that if the applicant furnished proof of publication of the notice of decision to the designated municipal officer within ten (10) days from the date of decision, the township shall refund the fee paid by the applicant to cover the cost of publication. The period of time in which an appeal of decision may be made shall run from the first publication of the decision, whether arranged by the township or the applicant.

[Amended 1-25-99 by Ord. No. 99-4]

A. Site Plan (10 acres or less)

Upon the submission of a complete application for a site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, the Planning Board shall grant or deny site plan approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer, otherwise the Planning Board shall be deemed to have granted preliminary approval to the site plan.

B. Site Plan (more than 10 acres)

Upon the submission of a complete application for a site plan which involves more than ten (10) acres, or more than ten (10) dwelling units the Planning Board shall grant or deny approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted approval of the site plan.

C. Minor Subdivisions

Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Director of the Department of Planning and Engineering as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be accepted by the county recording officer for purposes of filing the subdivision. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Planning Board, provided that the Planning Board may condition such approval on terms ensuring the provisions of improvements pursuant to §132-30 of this Article.

D. Preliminary Subdivision (IO or fewer lots)

Upon the submission of a complete application for a subdivision of ten (10) or fewer lots, or a request for review pursuant to T.C. 132-7G the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer.

E. Preliminary Subdivision (more than 10 lots)

Upon the submission of a complete application for a subdivision of more than ten (1 0) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise the Planning Board shall be deemed to have granted preliminary approval to the subdivision.

F. Final Subdivision

Final approval shall be granted or denied within forty-five (45) days after submission of a complete application, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval and a certificate of the Director of Planning & Engineering or designee as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. [Amended 1-25-99 by Ord. No. 99-4]

G. Variances

The Board of Adjustment shall render a decision not later than one hundred twenty (120) days after the date (1) an appeal is taken from the decision of the Director of Planning & Engineering or designee or (2) the submission of a complete application for development to the Board of Adjustment. Failure of the Zoning Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. (Amended 1-25-99 by Ord. No. 99-41