Zoneomics Logo
search icon

New Milford City Zoning Code

§ 30-28.10

Conditional Uses.

[Ord. No. 77:1]
a. 
Certain uses which are now or may be established within the Borough, by their nature, require the imposition of special conditions to assure that they may be established or enlarged within the purposes and intent of this chapter.
b. 
Accordingly, the following conditional uses are permitted in the zones designated pursuant to Section 54, Chapter 291, Laws of New Jersey 1975. Before a building permit is issued, however, the Planning Board shall ascertain that such proposed conditional uses can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations that all special conditions as hereinafter set forth have been met and that all other terms and conditions of this chapter and all applicable Borough ordinances have been met.
c. 
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by the developer to the Planning Board or within such further time as may be consented to by the applicant.
d. 
The review by the Planning Board of a conditional use shall include the required site plan review pursuant to Article III of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this subsection shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application, and a certificate of the Planning Board Secretary 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 written endorsement or other evidence of approval herein required and shall be so accepted by the Code Enforcement Officer for the purposes of issuing a building permit.
e. 
Whenever review or approval of the application by the Bergen County Planning Board is required by N.J.S.A. 40:27-6.6, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Bergen County Planning Board or approval by the Bergen County Planning Board by its failure to report thereon within the required time period.