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West Caldwell City Zoning Code

§ 20-17.2

Conditional Use Provisions.

[Ord. No. 890 § 20-17.2]
a. 
Conditional uses shall be permitted upon the issuance of an authorization therefor by the Planning Board pursuant to § 18A-6.5 of the Land Use Procedures Ordinance of the Township of West Caldwell.
b. 
Conditional uses shall be limited to those specifically permitted within the applicable zone district, as designated elsewhere herein, and such uses shall conform with all applicable regulations and standards herein.
c. 
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer, 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 any required site plan or subdivision review pursuant to § 18A-9 of the Land Use Procedures Ordinance of the Township of West Caldwell. The time period for action by the Planning Board on conditional uses pursuant to Subsection c of this subsection shall apply to such review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer 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 the written endorsement or other evidence of approval herein required.
e. 
When considering an application for a conditional use, the Planning Board may impose any conditions or requirements that it deems necessary to accomplish the reasonable application of applicable standards as provided in this chapter, and may deny any such application but only in accordance with such standards.
f. 
No provision of this section shall be construed to contravene any provision of § 20-20.
g. 
Conditional use and preliminary approval of a plan shall not qualify a plat for recording nor authorize development nor authorize the issuance of any construction permits. An application for final approval must encompass all the land included in the conditional use and preliminary approval. The application shall be made to the Planning Board within the time or times specified by, and shall include all drawings, specifications, modifications, conditions and other items as set forth by, written resolution of the Planning Board at the time of conditional use and preliminary approval.