[Added 12-12-2005 by Ord. No. 34-0-05]
“Stale approval” shall mean and
designate any preliminary or final site plan approvals approved by
the Wanaque Planning Board or Wanaque Board of Adjustment, any subdivision
granted and any variances given by said Board in excess of three years
from the date of approving resolutions, on which no building permits
have issued or no significant progress has been made.
In the case of preliminary site plan approvals
and/or subdivisions given by either the Wanaque Planning Board or
the Wanaque Board of Adjustment, and any variances associated with
such approvals, if the property owner, applicant, or developer does
not move to obtain final site plan approval before the expiration
of three years, then and in that event the preliminary approvals,
subdivision, and any variances given shall be considered stale and
shall be void and vacated.
In the case of final site plan approvals, subdivisions,
and associated variances given in connection therewith, if the property
owner, applicant, or developer does not obtain building permits, or
substantially act thereupon expeditiously, or start and proceed with
construction, or fails to use its best efforts to conclude the project,
or fails to adhere to a phasing plan set forth in a developer’s
agreement, or any extensions thereof, provided and given by the Borough
of Wanaque, then and in that event such approvals, subdivisions, and
variance shall be considered stale and shall be void and vacated.
In all circumstances hereinabove the property
owner, applicant, or developer shall reapply to the appropriate Board
for a review of its heretofore approvals and subdivision and variances.
The respective Board shall, upon application, hear and consider the
application, taking into consideration any previous approvals given
and any progress made with respect thereto, as well as the existing
laws, ordinances, and other appropriate zoning and variance criteria
that may affect the property by reason of any delay as contemplated
herein.
