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Rockaway Township City Zoning Code

§ 54-16.9

Expiration of variances.

[Ord. No. 95-24 § 54-40]
Variances granted after the effective date of this ordinance by the Planning Board or the Zoning Board of Adjustment shall expire unless the development associated with the variance is promptly completed. The following provisions shall apply:
A. 
In the case of a variance from the Zoning Board of Adjustment which does not require subsequent subdivision or site plan approvals from the Board, the required building permits must be obtained within six months of the date of the resolution of approval or within six months of the date that all conditions of approval, if any, have been satisfied, whichever occurs later, or the variance will expire. In addition, the required certificate of occupancy must be obtained within 12 months of the date or the variance will expire.
B. 
In the case of a variance from the Planning Board or the Zoning Board of Adjustment which requires subsequent subdivision, site plan or conditional use approvals from the Board, the required building permits must be obtained prior to the date of expiration of the period of statutory protection against changes in the zoning regulations, which periods are provided in Section 54-21, or the variance will expire. In addition, the required certificate of occupancy must be obtained within 12 months of the date or the variance will expire.
C. 
In the case of a variance from the Planning Board or the Zoning Board of Adjustment which requires subsequent subdivision, site plan or conditional use approvals from the Board, all such subsequent applications shall be filed and approved within 12 months of the date of the resolution approving the original variance, or within 12 months of the date that all conditions of the approval for the original variance, if any, have been satisfied, whichever occurs later, or the variance will expire.
D. 
The Planning Board or the Zoning Board of Adjustment, as applicable, may, upon good cause shown in writing, extend the expiration dates for variance specified in paragraphs A, B and C above, provided that the extension is applied for prior to or within 10 days of the date upon which the variance would otherwise expire.
E. 
Should the developer fail to meet the deadlines for the expiration of variance specified in this subsection, the relief shall be deemed to be automatically rescinded by the Board unless the developer, within 10 days of the required deadline, provides in writing sufficient cause to show why such relief should not be rescinded. Should the developer submit a written showing of cause, the Board shall hold a public hearing on the request by the developer, with public notice to be served the same as in the original application for relief.