Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65,
every application for development shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of such application; or, if it
is shown that taxes or assessments are delinquent on said property,
any approvals or other relief granted by the Joint Land Use Board
shall be conditioned upon either the prompt payment of such taxes
or assessments or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
Every developer shall file with the governing body a general
liability insurance policy at the same time as he files his performance
guaranty covering all operations in the development, including contractual
liability with limits of not less than $400,000 for bodily injury
to each person and a liability on the aggregate for each accident
of $900,000, and property liability of $50,000 for each accident and
$100,000 aggregate property damage liability. The Borough Attorney
shall review the policy for form and execution and recommend refusal
or acceptance by the governing body. The policy shall be of the same
term as the performance guaranties and maintenance guaranty and shall
be extended in conformance with any extension of these guaranties.
The policy shall name the Borough of Mount Ephraim as an additional
insured and provide that the Borough of Mount Ephraim may nevertheless
assert claims against other insured parties.
If an applicant desires a certified court reporter, the cost
of taking testimony and transcribing it and providing a copy of the
transcript to the Borough shall be at the expense of the applicant
who shall also arrange for the reporter's attendance.
Any variance from the terms of this chapter hereafter granted
by the Joint Land Use Board permitting the erection or alteration
of any structure or structures or permitting a specific use of any
premises shall expire by limitation, unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced
within one year from the date of publication of the notice of the
judgment or determination of the Joint Land Use Board; except, however,
that the running of the period of limitation herein provided shall
be tolled from the date of filing an appeal from the decision of the
Joint Land Use Board to the governing body, or to a court of competent
jurisdiction, until the termination in any manner of such appeal or
proceeding.
In the granting of special use permits, hardship variances or
land use variances under N.J.S.A. 40:55-39, as amended, a time limit
of one year from the date of approval shall be set within which time
the owner shall secure a building permit from the Building Inspector
and must commence construction which shall be diligently pursued to
completion, otherwise the variance granted shall become null and void.