Drill, “Board Member Deliberations” (2012)

April 27th, 2014 | Posted by admin in Articles and Decisions

Our courts have held that it is not necessary that Board members deliberate on an application at all before voting on a motion to grant or deny relief. Scully-Bgzarth Post v. Planning Board, 362 N.J. Super. 296,312 (App. Div. 20A3), certif. denied. 178 N.J. 34 (2003). It is legally sufficient that the application be approved or denied by voice vote with no statement of reasons being placed on the record so long as a resolution is thereafter adopted setting forth a clear statement of reasons for the action taken. Id. Citing Scully-Bozarth, the Appellate Division recently explained, “where . . board members voted on an

application for development without a verbal discussion, we held that a verbal discussion in that circumstance is not mandatory, as long as the ultimate resolution, which will serve as the official statement of the board’s findings and conclusions, is furnished to the board members in advance of the time they will vote, to provide them ample time to study it and, if they deem it appropriate, request clarification.

For full article click here: The New Jersey Planner (2012)

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