[New]
Before any permit shall be issued for a conditional use, applications
shall be made to the Planning Board. The Planning Board shall grant
or deny the application after public hearing but within 95 days of
submission of a complete application to the Planning Board Secretary
or within such further time as may be consented to by the applicant.
Where a conditional use application involves a site plan or subdivision,
notice of the hearing shall include reference to all matters being
heard, and the Planning Board shall review and approve or deny the
subdivision or site plan simultaneously with the conditional use application.
Failure of the Planning Board to act within the required time period
shall constitute approval of the application. In reviewing the conditional
use application, the Planning Board shall review the number of employees
or users of the property and the requirements set forth in this chapter
and shall give due consideration to all reasonable elements which
would affect the public health, welfare, safety, comfort and convenience,
such as but not limited to the proposed use(s), the character of the
area, vehicular travel patterns and access, pedestrianways, landscaping,
lighting, signs, drainage, sewage treatment, potable water supply,
utilities and structural location(s) and orientation(s), and shall
conduct a public hearing on the application. The uses for which conditional
uses are granted shall be deemed to be permitted uses in their respective
districts, and each conditional use shall be considered as an individual
case. In all requests for approval of conditional uses, the burden
of proof shall be on the applicant.
All conditional uses shall require site plan review and approval
by the Planning Board. Prior to making its decision, the Planning
Board shall be satisfied that the conditional use is reasonably necessary
for the convenience of the public in the location proposed. In the
granting of conditional uses, a time limit of one year from the date
of the variance approval shall be set within which the owner shall
secure a building permit; otherwise, the variance granted shall be
null and void unless an extension is granted by the Planning Board
as permitted by State Statute N.J.S.A. 40:550-52.
