§ 247-26. Provisions where no road grade has been established; certification.
   Should an application be made for a building permit to construct a residential or commercial building in any area of the Town of Hammonton where no road grade has been established, any other provisions in this article notwithstanding, the applicant shall not be required to submit the plans and specifications for the construction of curbs and sidewalks with application for the building permit, but shall, in lieu thereof, proceed in accordance with the variance procedure for the placement of curb and sidewalk as stipulated under section 247-27 of the ordinance and file a certification with the Building Inspector consenting to the curbs and sidewalks being constructed by the municipality on all roads upon which said property fronts, upon the grade of the road, or part thereof, being legally established, or at such future time as the municipality shall elect to install curbs and sidewalks, and said certification shall contain therein the consent of the applicant to the municipality so installing said curbs and sidewalks at the applicant's expense at such future time as the municipality elects to do so and the grade is legally established. This certification shall be a covenant running with the land and shall be binding on all purchasers or possessors in interest, heirs or legal representatives of the applicant. Should the municipality at a future date elect to install curbs and sidewalks along the affected road where no grade is legally established at the time of the application as an improvement assessed against the abutting property owners in the area, said application shall be considered for all purposes as an irrevocable authorization to the Town Clerk/Administrator to vote said front for the assessment of benefits proposal. Upon the said curb and sidewalk improvements being subsequently installed, the cost shall be assessed against the property owner in the same manner as all other municipal improvements. In the event of failure to pay the proportionate share of the cost of the improvements, a lien may be assessed against the subject premises.