§ 184-66. Default approvals.

Failure of the Board to act within the periods prescribed herein shall constitute an approval of the application, and a certificate of the Board Secretary as to the failure of the Board to act shall be issued on the request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, as required by the Municipal Land Use Law, and shall be so accepted by the Union County Clerk for purposes of filing subdivision plats. The following provisions shall apply whenever an applicant wishes to claim approval of his or her application for development by reason of the failure of the Board to grant or deny approval within the time period provided herein:

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 § 184-25.

B. 

The applicant shall arrange publication of a notice of the default approval in the official newspaper of the Borough, if there is 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 Board Secretary, who, in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to § 184-74.