§ 103-76.1. Duration of site plan approval.

A. 

For single-phased projects, site plan approval shall be valid for a period of four years. If a building permit has not been issued during this period, approval of the site plan shall lapse. If a building permit has been issued, but the development has not been started in this period, approval of the site plan shall lapse and the building permit shall be invalid. The development shall not be deemed to have started unless a certificate of occupancy has been issued during the four-year period. Following the expiration of the site plan, the Planning Board shall review the site for which the plan has been approved to determine if conditions in the area of the site have changed significantly. If the Planning Board finds that no significant changes have occurred, it shall approve the existing site plan and notify the Code Enforcement Officer that a building permit may be issued. If the Planning Board finds that significant changes have occurred which bear a direct relationship to the approved site plan, the Planning Board shall reopen its review of the site plan, in which case the application fee shall be waived. Significant changes shall refer to features customarily reviewed, including but not limited to physical conditions of the site, neighborhood density as it affects location of septic systems and wells, traffic patterns and flooding patterns. If the review is reopened, the current site owner shall be notified by the Code Enforcement Office following the same procedures used as in the case of original site plan (see § 103-76). In the event that the Planning Board disapproves the site plan for a site on which construction and/or grading has taken place, and the Code Enforcement Officer considers such construction and/or grading to be a threat to the environment or public safety, any performance bonds or money held in escrow for construction and/or grading may be forfeited and used by the Town to correct the situation.

[Amended 2-11-1998 by L.L. No. 3-1998; 5-12-2004 by L.L. No. 6-2004]

B. 

For projects in which construction is proposed in multiple phases, the Code Enforcement Officer shall not issue any building permits for any phase subsequent to the first phase if four or more years have elapsed since the date of issue of the previous phase building permit, unless the Planning Board review procedure described in Subsection A above has been followed.

Added 2-11-1998 by L.L. No. 3-1998