[Amended 10-9-1986 by Ord. No. 86-21-938]
Whenever a term is used in this chapter which
is defined in N.J.S.A. 40:55D-1 et seq., or any amendments thereto,
such term is intended to have the meaning set forth in the definition
of such term found in said statute unless a contrary intention is
clearly expressed from the context of this chapter.
Pursuant to the provisions of P.L. 1975, c.
291, Section 81, the substantive provisions of the existing Land Subdivision
Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the
Borough of Cresskill and the development regulations set forth therein
shall continue in full force and effect and shall be read in pari
materia with this chapter.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV of this chapter.
This chapter shall be known and may be cited
as the "Land Use Procedures Ordinance of the Borough of Cresskill."
[Amended 10-9-1986 by Ord. No. 86-21-938]
A.
Development regulations, except for the Official Map,
shall not take effect until a copy thereof shall be filed with the
County Planning Board. A Zoning Ordinance or amendment or revision
thereto which, in whole or in part, is inconsistent with or not designed
to effectuate the land use plan element of the Master Plan shall not
take effect until a copy of the resolution required by N.J.S.A. 40:55D-62a
shall be filed with the County Planning Board. The Secretary of the
County Planning Board shall, within 10 days of the date of receipt
of a written request for copies of any development regulation, make
such available to the party so requesting, with said Secretary's certification
that said copies are true copies and that all filed amendments and
resolutions are included. A reasonable charge may be made by the County
Planning Board for said copies.
B.
The Official Map of the municipality shall not take
effect until filed with the county recording officer.
C.
Copies of all development regulations and any revisions
or amendments thereto shall be filed and maintained in the office
of the Municipal Clerk.
[Added 7-2-1985 by Ord. No. 85-15-905]
B.
One set of each of these checklists shall be kept on file in the office of the Borough Clerk with the date of their adoption by ordinance listed thereon. The checklists shall be distributed by the Secretary of the Zoning Board of Adjustment and Secretary of the Planning Board for use in accordance with. § 38-8C.
[Added 10-9-1986 by Ord. No. 86-21-938]
An applicant shall comply with the provisions
of this section whenever the applicant wishes to claim approval of
his application for development by reason of the failure of the municipal
agency to grant or deny approval within the time period provided in
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or any supplement
thereto.
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 municipality,
if there is one, or in a newspaper of general circulation in the municipality.
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 N.J.S.A.
40:55D-47, N.J.S.A. 40:55D-50 or N.J.S.A. 40:55D-76, as the case may
be.
