PB-19-03/Zufall Health Center, Inc.

event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 3. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 4. The Applicant shall pay all outstanding taxes, application fees, technical review fees, inspection fees and performance guarantees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or Applicant shall be subject to all appropriate remedies for failure to comply with this condition. Ds The parking variance shall be a temporary variance which is granted for the specific medical use (not the user) as proposed by Zufall Health Center, LLC during the hearing. The use as proposed by Zufall is a medical care facility providing medical, dental and counseling services to low income persons. The parking variance shall expire and become null and void upon the cessation of the use as described above. New Jersey courts have long recognized the authority of a board to grant temporary approvals. In Houdaille Const. Materials v. Tewksbury Board of Adj., 92 N.J. Super. 293, 303-304 (App. Div. 1966), the court upheld a limitation on the duration of a conditional use approval for an industrial operation to 5 years to coincide with the term of the applicant’s lease to use the property. Ina similar vein, the court in Wilson Coalition vy. Mayor and Council of Summit, 245 N.J. Super. 616, 617-618 (Law Div. 1990), noted that the Summit Board of Adjustment had granted temporary use variances to the applicant to coincide with the terms of a lease the applicant had entered into with a tenant. In upholding the trial court’s reversal of a board’s denial of a use variance to permit parking on the property containing another use — a gas station — the court in Bell Atlantic v. Riverdale Zoning Board of Adj., 352 N.J. Super. 407, 412-413 (App. Div. 2002) commented that the use variance would be for a limited time period — 7 years — which would provide

urt in Bell Atlantic v. Riverdale Zoning Board of Adj., 352 N.J. Super. 407, 412-413 (App. Div. 2002) commented that the use variance would be for a limited time period — 7 years — which would provide assurance that the proposed parking use would not expand or last forever. See, Cox & Koenig, New Jersey Zoning & Land Use Administration (Gann 2019), section 28-2.1, page 602 (citing Bell Atlantic). In the event the premises are to be used for a materially different purpose the owner will be required to return to the Planning Board (or Zoning Board) for further approval. 6. In connection with the proposed storm water drainage system: (i) Applicant shall revise and submit to the Planning Board Engineer for review and approval the drainage calculations to model the pervious and impervious coverages as a combined Curve Number (CN), rather than a composite CN, per NJDEP Stormwater Best Management Practices. Route the offsite drainage through the stormwater management system.