New Jersey law mandates that a zoning board must make specific findings of fact and conclusions of law in each decision on an application for development, including variances and other land uses like site plan approval. Further, these decisions must be in writing (a resolution). A mere oral decision is not sufficient.
Discussion About Resolutions
Findings of fact are based upon the persuasive testimony offered at the public hearing. A conclusion of law provides the legal foundation upon which the board’s action can be supported.
The resolution may be the most important document generated from a hearing before the land use agency. Not only does it contain the finding of fact and conclusions of law, but more importantly, it allows people in the future to determine what the basis of the board’s action was along with knowing with certainty which plans were approved and what conditions of approval the board at the time of approval thought were important enough to impose upon the applicant to insure the development moved forward in a compliant fashion. Someone looking to track the history of a land use application often will not necessarily review all of the transcripts or minutes of the board, he/she can rest assured that the resolution will be carefully scrutinized to determine exactly what transpired before the board during the hearing process.
To discuss your NJ Zoning and Land Use matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Zoning and Land Use Attorney