Keansburg City Zoning Code
§ 22-4.8
Requirements for Claiming Approval Due to a Failure to Act.
[Ord. #1045, § 4.8]
An applicant may claim approval of his application for development by reason of the failure of the approving authority to act within the time period prescribed by complying with the following provisions:
a.
The applicant shall provide notice of the default approval to the Municipal Agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to N.J.S.A. 40:55D-12.
b.
The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there be one, or in a newspaper of general circulation in the Borough.
c.
The applicant shall file an affidavit of proof of service and publication with the Administrative Officer.
Upon satisfaction of these requirements by the applicant, the Administrative Officer shall issue a certificate of default approval and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.