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Rockaway Township City Zoning Code

§ 54-21.14

Conditional approvals.

[Ord. No. 95-24 § 54-54]
The Planning Board or the Zoning Board of Adjustment, in granting any approval, may require reasonable conditions designed to further the intent and purpose of this chapter and the Municipal Land Use Law. The following provisions shall apply to conditional approvals:
A. 
Conditions precedent.
(1) 
Whenever any application for development is approved subject to specified conditions intended to be fulfilled before the approval becomes effective, the conditional approval shall lapse and become null and void unless all specified conditions, other than those conditions pertaining to other governmental approvals as indicated in N.J.S.A. 40:55D-22b, are fulfilled within 190 days of the date of conditional approval. The applicant may, for good cause shown, apply for, and the Board may grant, extensions of time within which such conditions must be fulfilled as the Board may deem appropriate under the circumstances. Applications for such extension must be made prior to the expiration of the period within which conditions were previously required to be fulfilled.
(2) 
Proof that applications have been filed with all other agencies having jurisdiction over any aspect of the application for development shall forthwith be filed with the Board.
(3) 
The fulfillment of all other conditions precedent shall forthwith be reported in writing to the Board, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit or occupancy permit be issued.
(4) 
When all conditions have been fulfilled with respect to any minor or major subdivision, the applicant shall, within 30 days of the fulfillment of all such conditions, submit his deed or plat for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54 or any such approval shall lapse and be of no force and effect; provided, however, that the applicant may, for good cause shown, obtain an extension either before or after the lapse of the 30 days within the reasonable exercise of the Board's judgment.
(5) 
For purposes of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.
B. 
Conditions subsequent.
(1) 
Whenever any application for development is approved subject to conditions, which by their terms are incapable of being fulfilled, or are not required to be fulfilled prior to the final approval of the application, the performance of which are not guaranteed by bonds or securities of any type, failure to fulfill any such condition within six months from the date of the final approval of the application for development shall be grounds for the issuance of a stop-work order by the enforcing official and the withholding of any certificate of occupancy or any other approval until such condition or conditions are fulfilled.
(2) 
Nothing herein contained shall be construed as preventing the Board from specifying a longer period of time within which any specific condition must be fulfilled, or from granting, upon an ex parte application, an extension of time for good cause shown.
(3) 
The fulfillment of all conditions shall be reported in writing to the Board, which may cause such reports to be verified in an appropriate manner. Only upon fulfillment of all conditions shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning permit or other required approval be issued.
(4) 
For purposes of calculating the time period within which conditions must be fulfilled, such time periods shall commence from the date on which the resolution of approval was adopted.
C. 
County Planning Board approval. Whenever review or approval of an application by a County Planning Board is required by Section 5 of P.L. 1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
D. 
Other governmental approvals. In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board, the Zoning Board of Adjustment or a County Planning Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the Board shall make a decision on any application within the time periods provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.