§ 184-65. Conditional approvals.

The Board, 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. 

Time for compliance with conditions. Whenever any application for development is approved subject to specified conditions, said conditions shall be fulfilled within 190 days of the date on which the resolution of approval was adopted. Exempt from this requirement are those conditions pertaining to other governmental approvals as indicated in Subsections D, E and F below. Notwithstanding the above, the Board may, in appropriate circumstances, specify a longer period of time within which any specific condition must be fulfilled. In addition, 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.

B. 

Procedure for demonstrating compliance. All conditions of approval shall be complied with in the following manner:

(1) 

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.

(2) 

The fulfillment of all other conditions shall forthwith be reported in writing to the Board, which may cause such reports to be verified in an appropriate manner.

C. 

Effect of failure to comply. Only upon fulfillment of all conditions precedent of preliminary approval shall any site clearing, grading, construction of required on-tract or off-tract improvements, or other development be permitted. Only upon fulfillment of all conditions precedent of final approval shall any subdivision map or site plan be signed or any required building permit, occupancy permit, zoning approval or other required approval be issued. Failure to comply with any and all specified conditions of approval shall have the following effects:

(1) 

Conditions precedent. In the case of specified conditions intended to be fulfilled before the approval becomes effective, failure to fulfill any such condition within the required time period shall cause said conditional approval to lapse and become null and void.

(2) 

Conditions subsequent. In the case of specified 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 the required time period 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 conditions are fulfilled.

D. 

County Planning Board approval. Whenever review or approval of an application by the County Planning Board is required pursuant to Section 5 of the County Planning Act, in the case of a subdivision, or Section 8 of the County Planning Act, 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.

Editor's Note: See N.J.S.A. 40:27-5.

Editor's Note: See N.J.S.A. 40:27-8.

E. 

Other governmental approvals. In the event that development proposed by an application requires an approval by a governmental agency other than the Board or the 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.

F. 

Barrier to development due to legal action. In the event that a developer submits an application for development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application for development in accordance with the Municipal Land Use Law and this chapter, and if such application for development complies with this chapter, the Board shall approve such application conditioned on removal of such legal barrier to development, unless same is stayed by judicial or administrative order.