V4 01 Proposal 1 30 2023 2923862_3

8 2923862.3 116173-101909 a statutory protective period whereby the rights conferred by N.J.S.A. 40:55D-52.a. would be for a duration of six (6) years with the right to seek additional extensions as may be warranted, in accordance with N.J.S.A. 40:55D-52.e. Duration of Approval Similarly, the Land Use Regulations of the Township of West Orange contain a provision which requires that in the case of a conditional use, variance, or final site plan, “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.” § 25-48.10.a. If the applicant does not comply with these time limits, which the Board may extend for good cause shown upon written application, “the approval shall be deemed null and void and of no further force or effect” and the applicant must then reapply for approval as if it were an initial application. § 25-48.10.a. To avoid the need for recurring extension requests where it is known that the project will not be completed in the initial two year period, the Board may initially fix a longer period of time for appropriate actions which are in excess of the minimum two years. § 25-48.10.e. In view of these ordinance considerations, the nature of the project and the need for construction of each phase to proceed in a manner that allows for occupancy by existing residents, Daughters requests that the Board initially establish the period within which “the building or construction permit sought shall be secured and issued or the authorized action taken” in accordance with § 25-48.10.a., to be six (6) years after the date of the granting of the variance and site plan approval as authorized by § 25- 48.10.e. which the Board may extend for good cause shown upon written application.