BE IT ORDAINED by the Township Committee of the Township of Wantage, that Chapters XII, XV and XVI of the Revised General Ordinances of the Township of Wantage, County of Sussex and State of New Jersey, being the Subdivision, Land Use Procedures and Site Plan Chapters, shall be and are amended as follows:

SECTION 1.
Section 12-5.12B shall be revised to read as follows:

That the applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat. No application for final approval will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a major subdivision, 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 Board to the Governing Body or to a Court of competent jurisdiction, until a determination in any manner of such appeal or proceeding.

SECTION 2.
Section 15-2.9 shall be revised to read as follows:

Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Land Use Board permitting the erection or alteration of any structure or permitting a specified 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 specified use has actually been commenced within one year from the date of publication of the notice of the decision of the Board granting the variance; 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 Board to the Governing Body or to a Court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

SECTION 3.
Section 16-9.5B shall be revised to read as follows:

That the applicant may submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary site plan. No application for final approval will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a site plan, 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 Board to the Governing Body or to a Court of competent jurisdiction, until a determination in any manner of such appeal or proceeding.

SECTION 4.
The Township Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to N.J.S.A. 40:55D-15 and N.J.S.A. 40:55D-63 (if required). Upon the adoption of this Ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Sussex County Planning Board as required by N.J.S.A. 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by N.J.S.A. 40:49-2.1.

SECTION 5.
If any provision of this Ordinance or the application of this Ordinance to any person or circumstances is held invalid, the remainder of this Ordinance shall not be affected and shall remain in full force and effect.

SECTION 6.
All ordinances or parts of ordinances or resolutions inconsistent or in opposition to the provisions of this Ordinance are hereby repealed in their entirety.

SECTION 7.
This Ordinance shall take effect after publication and passage according to law.

ATTEST:

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F. Parker Space, Mayor

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James Doherty, Administrator/Municipal Clerk

NOTICE is given that this ordinance amendment was introduced and passed upon first reading at a meeting of the Mayor and Township Committee of the Township of Wantage, in the County of Sussex, New Jersey, held on the 11th day of August, 2005. It will be further considered for final passage with the proposed ordinance after public hearing at a meeting of the Mayor and Township Committee to be held in the Wantage Township Municipal Building, 888 Route 23, Wantage, New Jersey 07461, on September 29, 2005, at 8:00 o'clock P.M., and copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.

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Municipal Clerk