A. In the event that an applicant submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the reviewing board shall continue to process such application for development in accordance with this chapter and N.J.S.A. 40:55D-1 et seq. If such application for development complies with this chapter, the board shall approve such application conditioned on removal of such legal barrier to development.
B. In the event that the development proposed requires an approval by a governmental agency other than the reviewing board, said board shall, in appropriate instances, condition its approval upon the subsequent approval of such other governmental agency, provided that the reviewing board shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the board is prevented or relieved from so acting by the operation of law.
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