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Rockaway Township City Zoning Code

§ 54-16.8

Default approvals.

[Ord. No. 95-24 § 54-39]
Failure of the Board to render a decision on any appeal pursuant to this section within the required one-hundred-twenty-day period, or within such further time as may be consented to by the appellant, shall constitute a decision favorable to the appellant. An appellant shall comply with the following provisions whenever the appellant wishes to claim approval of his application for development by reason of the failure of the Board to grant or deny approval within the required time period:
A. 
The applicant shall provide notice of the default approval to the Board 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 Subsection 54-14.3.
B. 
The applicant shall arrange publication of a notice of default approval in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township.
C. 
The applicant shall file an affidavit of proof of service and publication with the Administrative Officer, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to Subsection 54-21.15.