[Added 9-12-2007 by Ord. No. 2007-06]
A.
A simple variance or variances permitting the construction
or alteration of buildings, structures or other improvements shall
expire unless a building permit is obtained and construction of such
buildings, structures or other improvements is begun within one year
of the date on which the resolution memorializing the grant of such
variance(s) was adopted.
B.
On application to the Board of Adjustment and notice of the application as provided by § 18-29, the Board may extend simple variances for a period of one year, not to exceed two such one-year extensions for good cause shown. In all such cases, in addition to the reasons for the delay and any hardship the applicant asserts will be occasioned by the expiration of the variance, the Board shall consider all relevant changed circumstances, including but not limited to changes in the Township's Master Plan or development regulations, changes in the subject property and changes in the surrounding area.
C.
Applicants may apply for and the Board may grant extensions
either before or after the one year expiration date, but whenever
the Board grants an extension after the initial one-year period has
ended and the variance has expired, the extension shall begin on what
would otherwise have been the expiration date.
D.
All variances shall expire and all rights conferred
by the grant of such variances shall be lost unless a building permit
is obtained and construction begun upon the expiration of the extensions
provided for herein.
Incidental variances and all rights conferred
by the grant of such variances shall expire unless a building permit
is obtained and construction of the project is begun within six months
of the date when the applicable period of protection from zoning changes
provided by N.J.S.A. 40:55D-46.1, 40:55D-47, 40:55D-49 and 40:55D-52
plus all mandatory and/or discretionary extensions of minor subdivision
approval, preliminary and final major subdivision approval or preliminary
and final site plan approval, as the case may be, has expired.
A.
Conditional variances and all rights conferred by
the grant of such variances shall expire within one year of the date
on which the resolution memorializing the grant of such variance was
adopted unless the applicant has filed and diligently pursues all
additional approvals, including outside agency approvals, upon which
the original variance was conditioned.
B.
On application to the Board of Adjustment and notice of the application as provided by § 18-29, the Board may extend conditional variances for a period of one year. In all such cases, in addition to the reasons for the delay and any hardship the applicant asserts will be occasioned by the expiration of the variance, the Board shall consider all relevant changed circumstances, including but not limited to changes in the Township's Master Plan or development regulations, changes in the subject property and changes in the surrounding area.
C.
Applicants may apply for and the Board may grant one,
one-year extension, either before or after the one-year expiration
date, but whenever the Board grants an extension after the initial
one-year period has ended and the variance has expired, the extension
shall begin on what would otherwise have been the expiration date.
D.
Conditional variances and all rights conferred by
the grant of such variances shall expire unless a building permit
is obtained and construction of the project has begun within six months
of the date when the applicable period of protection from zoning changes
provided by N.J.S.A. 40:55D-46.1, 40:55D-47, 40:55D-49 and 40:55D-52
plus all mandatory and/or discretionary extensions of minor subdivision
approval, preliminary and final major subdivision approval or preliminary
and final site plan approval, as the case may be, has expired.
A.
Negotiations between landowners and farmland preservation
program officials often result in agreements allowing landowners to
carve one or more lots out of their farms, or to seek variances for
land to be excepted from the terms of the preservation deed of easement
prior to enrolling their farms in the program. In these cases, so
as to take as little productive farmland out of agriculture as possible,
the land use plan element of the Township's 2001 Master Plan urges
landowners to seek and the Township's land use boards to approve variances
for undersized lots in such cases and to approve such other variances
as promote farmland preservation.
B.
Because land enrolled in the farmland preservation
program is restricted to agricultural use in perpetuity, variances
conditioned upon the enrollment of a farm in the farmland preservation
program shall run with the land in perpetuity and shall not expire,
provided that the landowner complies with the condition and enrolls
the farm in the program.
C.
This provision shall apply only to variances granted
subsequent to January 1, 2007.
