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.
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Editor's Note: This section and §§ 470-8 and 470-13 were relocated to this chapter from original Ch. 85 of the 1973 Borough Code, as amended.
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.
A. 
The Joint Land Use Board may recommend by motion with a recorded roll call, and the governing body may concur in, the conditional approval of a subdivision requiring action by the Zoning Board, such as a variance, special exception or special permit. Such conditional approval shall be subject to all of the following requirements, limitations and conditions.
(1) 
A notation shall be made on the plat, and also upon the deed if a deed has been submitted to the Joint Land Use Board, that the approval is conditional and that no transfer of the land shall proceed unless and until the required variance, special exception or special permit, as the case may be, shall have been granted.
(2) 
Such conditional approval shall expire unless the applicant shall file an application with the Zoning Board for the required variance, special exception or special permit within 10 days following concurrence in such conditional approval by the governing body; and in any event the conditional approval shall expire if the Zoning Board should reject the relief applied for, or, in the case of a variance requiring governing body approval to be effective, it shall expire if the governing body shall disapprove such recommended variance.
B. 
The Joint Land Use Board may recommend by motion with a recorded roll call, and the governing body may concur in and approve, an exception or exceptions to provisions of Chapter 518, Subdivision of Land, provided that the exception or exceptions are clearly demonstrated by the developer or applicant or his agent to be necessary because of peculiar conditions pertaining to his land, and it is shown that the literal enforcement of one or more portions of Chapter 518, Subdivision of Land, is impractical or will exact undue hardship. The Joint Land Use Board and governing body shall also be satisfied that the recommending and granting of the exception or exceptions, as the case may be, are within the general purpose and intent of the rules, regulations and standards of Chapter 518, Subdivision of Land.