Borough of Somerdale, NJ Article X Administration and Enforcement

§ 162-58 Effect of noncompliance.

Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit shall be a basis for one or more of the following actions:

A. Revocation of the building permit.

B. The revocation or withholding of the issuance of a certificate of occupancy.

C. Forfeiture of any performance bond or other payment guaranty required by the Borough to cover the costs of improvements and appropriate court action where provided for by law.

§ 162-59 Notice of noncompliance.

A written notice of noncompliance shall be forwarded by certified mail to the applicant requesting evidence of compliance with the conditions of site plan approval within a period of time of not more than 10 days from the date of the written notice.

§ 162-60 Time limit for approval.

Any site plan approved by the Planning Board under the terms of this Part 2 shall be valid for a period of time equal to the period of time for which the building permit has been issued or is about to be issued covering said site.

§ 162-61 Appeals.

A. In the event that an applicant for site plan approval is aggrieved by an action taken by the Site Plan Committee, said applicant may file an appeal, in writing, to the Planning Board within 10 days after the date of notice by certified mail of the action taken by the Site Plan Review Committee.

B. Any person aggrieved by the action of the Planning Board in regard to site plan approval may file an appeal, in writing, to the Mayor and Council within 10 days after the date of notice by certified mail of the action of the Planning Board.

C. The Planning Board or the Mayor and Council, as the case may be to which an appeal is taken shall consider such an appeal at a regular or special meeting within 45 days from the date of the filing of said appeal.

§ 162-62 Hearings.

[Amended 12-13-2000 by Ord. No. 2000:17]

Upon receipt of a notice of appeal, the Clerk of the Planning Board and/or the Borough Clerk, as the case may be, shall give notice of the date set for the hearing of such appeal to the applicant, whereafter the applicant shall cause notice thereof to be given to the following officials: the Municipal Clerk, Municipal Planning Board, Construction Code Official, Zoning Officer and Borough Engineer. The Planning Board or the Mayor and Council, as the case may be, shall render a decision within 45 days from the date of the hearing.

§ 162-63 Variances.

Variances to the terms of this Part 2 may be granted by the Planning Board or the Mayor and Council only after the applicant has clearly demonstrated that the literal enforcement of a particular rule, standard or requirement contained in this Part 2 will create an unnecessary hardship with respect to the use of his property and further that such variance will not subvert the intent or general purposes of this Part 2.