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Packet · May 29, 2012

Public Township Council Meeting — Packet

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Page 243

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. A copy of the decision shall be mailed by the Board within ten (10) days of the date of the decision to the applicant, or if represented, then to his/her attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the clerk, who shall make a copy of such filed decision available to any interested party upon payment of fee calculated in the same manner as those established for copies of other public documents in the ownership. c. A brief notice of every final decision shall be published in the West Orange Chronicle or the Newark Star LedgerStar-Ledger. Such publication shall be arranged by the Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, without separate charge to the applicant. The notice shall be sent to the official newspaper for publication within ten (10) days of the date of any such decision. (Ord. No. 904-88 § 25-8.4g) 25-48.8 Payment of Taxes. a. Pursuant to the provisions of N.J.S.A. 40:55D-39e and N.J.S.A. 40:55D-65h, respectively, every application for development shall be accompanied by proof that all taxes or assessments for local improvements are paid on the property which is the subject of such application through the tax quarter immediately preceding the filing of the application. b. The Boards may further require that as a condition for any approval which is required pursuant to the provisions of this chapter that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made. (Ord. No. 904-88 § 25-8.4H; Ord. No. 1056-91 § 1) 25-48.9 Guiding Principles Conditions of Approval for Variances. a. Every variance granted by the Zoning Board of Adjustment or Planning Board, shall be designed by the Board to safeguard the public health, safety, morals, and general welfare, and shall be further designed to provide reasonable consideration among other things to the character of the

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rd to safeguard the public health, safety, morals, and general welfare, and shall be further designed to provide reasonable consideration among other things to the character of the neighborhood or district, the conservation of property values, the direction of building development in accordance with any master plan which has been adopted by the Planning Board, and shall not involve substantial detriment to the public good nor substantially impair the intent and purpose of the zone plan and of this chapter, to the end that the spirit of this chapter shall be observed, public safety insured and substantial justice done. Comment [PG96]: vague b. Every variance granted by the Zoning Board of Adjustment or Planning Board shall, in appropriate cases, be made subject to such conditions and safeguards as the Board shall deem to be acceptable to the particular case. (Ord. No. 904-88 § 25-8.4I) 25-48.10 Expiration of Variance(s), Subdivision(s) Conditional Use(s), Site Plan Approval(s). a. 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 (2) years and one (1) day after the date of the granting of the conditional use, variance or site plan in question and, the use, structure, building or alteration, whichever is applicable, shall be completed within two (2) years and one (1) day of the resolution date granting approval. Provided, however, that a preliminary approval of a site plan or subdivision shall be so secured for a period of three (3) years and one (1) day. For good cause shown and upon Comment [PG97]: unnecessary regulation written application, the Planning Board/Zoning Board may extend the time period for any of 225

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