West Orange City Zoning Code

In all instances where a conditional use, variance, or final site plan is granted, the building or construction permit sought shall be secured and issued or the authorized action taken within two years and one day after the date of the granting of the conditional use, variance or site plan in question. For good cause shown and upon written application, the Planning Board/Zoning Board may extend the time period for any of the time limits set in this section, provided that the applicant in the event of such application for extension shall be obligated to serve and publish notice of the application for such extension in conformity with the notice requirements of subsection 25-48.5.

In the event an application fails to comply with the time limits as fixed in paragraph a above, the approval shall be deemed null and void and of no further force or effect. Approval deemed null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application.

The time limits mentioned in paragraph a above, shall commence on the date of the publication of a notice of the granting of the conditional use, variance or site plan in the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township, provided that if the granting or denial of a conditional use, variance or site plan is the subject of an appeal or appeals, the time limit shall not commence until all such proceedings or review or appeal have been concluded in a manner favorable to the applicant and the time for appeal from the decision of the reviewing tribunal or appellate court has expired.

The provisions of this subsection shall be applicable notwithstanding the transfer, subdivision, resubdivision or other disposition of the premises therein concerned.

Nothing herein contained shall prevent the Planning Board/Zoning Board from fixing periods of time for appropriate actions which are in excess of (but not less than) those fixed by this subsection above provided that such action is taken by the Planning Board/Zoning Board at the time of and as an express condition or provision of the granting of the conditional use, variance or site plan.

Any conditional use within the Township which shall cease to be so used for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any conditional use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph f are intended to be applicable to all conditional uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

Any prior nonconforming use within the Township that has been abandoned for a period of two years and one day shall be deemed abandoned, null and void and of no further force and effect. Any prior nonconforming use deemed abandoned, null and void pursuant to the provisions of the preceding sentence may be reapplied for and the application hearing concerning same shall be processed and conducted as a plenary hearing de novo as if it were an initial application. The provisions of this paragraph g are intended to be applicable to all prior nonconforming uses, however they came into existence, and for however long they were previously in use prior to commencement of the period of abandonment.

It is the intention of the Township to ensure that all approvals and similar vested property rights remain in effect for at least the minimum period set forth in the Municipal Land Use Law or any successor statute. If any provision of this subsection shall be found to conflict with any provision of the Municipal Land Use Law and/or other statutes and regulations promulgated by a higher authority, then such approval shall expire one day after the minimum lawful vested time period for such approval.