40:55D-22 - Conditional approvals
40:55D-22.Ā Conditional approvals
a.Ā In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, byĀ a legal action instituted by any State agency, political subdivision or otherĀ party to protect the public health and welfare or by a directive or orderĀ issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this act and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
b.Ā In the event that development proposed by an application for developmentĀ requires an approval by a governmental agency other than the municipal agency,Ā the municipal agency shall, in appropriate instances, condition its approvalĀ upon the subsequent approval of such governmental agency;Ā provided that theĀ municipality shall make a decision on any application for development withinĀ the time period provided in this act or within an extension of such period asĀ has been agreed to by the applicant unless the municipal agency is prevented orĀ relieved from so acting by the operation of law.
L.1975, c. 291, s. 13, eff. Aug. 1, 1976.
Ā
a.Ā In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, byĀ a legal action instituted by any State agency, political subdivision or otherĀ party to protect the public health and welfare or by a directive or orderĀ issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this act and municipal development regulations, and, if such application for development complies with municipal development regulations, the municipal agency shall approve such application conditioned on removal of such legal barrier to development.
b.Ā In the event that development proposed by an application for developmentĀ requires an approval by a governmental agency other than the municipal agency,Ā the municipal agency shall, in appropriate instances, condition its approvalĀ upon the subsequent approval of such governmental agency;Ā provided that theĀ municipality shall make a decision on any application for development withinĀ the time period provided in this act or within an extension of such period asĀ has been agreed to by the applicant unless the municipal agency is prevented orĀ relieved from so acting by the operation of law.
L.1975, c. 291, s. 13, eff. Aug. 1, 1976.
Ā