Sec. 59-D-3.6. Failure to comply.

   (a)   If the Planning Board finds, on its own motion or after a complaint is filed with the Planning Board or the Department, and after giving due notice to the applicant, the complainant, and all parties previously before the Board on this plan and holding a public hearing or receiving a report of a public hearing held by a designated hearing officer, that any term, condition, or restriction in a certified site plan is not being complied with, the Planning Board may:

      (1)   impose a civil fine or administrative civil penalty authorized by Section 50-41;

      (2)   suspend or revoke the site plan;

      (3)   approve a compliance program which would permit the applicant to take corrective action to comply with the certified site plan;

      (4)   allow the applicant to propose modifications to the certified site plan; or

      (5)   take any combination of these actions.

   (b)   If, at the end of the effective period of any compliance program approved by the Planning Board, the Planning Board or its designee finds that the applicant has not taken sufficient corrective action, the Planning Board may without holding further hearings, revoke the site plan or take other action necessary to ensure compliance, including imposing civil fines, penalties, stop work orders, and corrective orders under Section 50-41.  The Planning Board may obtain investigations and reports as to compliance from appropriate County or State agencies.

   (c)   If the Planning Board suspends or revokes a site plan, the Department must immediately suspend any applicable building permit under which construction has not been completed, or withhold any applicable use-and-occupancy permit, until the Planning Board reinstates the site plan or approves a new site plan for the development.

(Legislative History: Ord. No. 9-39, § 1; Ord. No. 12-73, § 2; Ord. No. 13-35, § 1; Ord. No. 13-112, §1; Ord. No. 14-36, § 1; Ord. No. 14-49, § 1; 15-63, § 3; Ord. No. 16-48, § 2.)

   Editor’s note—Ord. No. 15-63, § 6, states: Except as provided in this Section, this ordinance takes effect on April 1, 2006. Sections 59-D-3.1, 59-D-3.2, and 59-D-3.4, as amended by this ordinance, apply to any site plan that the Planning Board approves on or after April 1, 2006.  Sections 59-D-3.23 and 59-D-3.3, as amended by this ordinance, apply to any site plan for which an application is filed with the Planning Board on or after May 1, 2006.  Sections 59-D-3.0, 59-D-3.5, 59-D-3.6, 59-D-3.7, and 59-D-3.8, as amended by this ordinance, apply to all site plans approved at any time before or after April 1, 2006.