This section governs the expiration and revocation of land development permits issued subsequent to land development review or development plan review. The expiration and revocation of land development permits issued subsequent to special use review are governed by the provisions of § 152.053.
(A) Commencement. If a building permit for the use, construction, or activity authorized by approval of an application for a land development permit or modification of a land development permit is not obtained within six months of the date of approval, or within such further time stipulated in the approval, the approval shall expire and any town permit issued pursuant to the approval shall be void. The Land Use Administrator may grant a single extension of the starting time limit for up to 12 months unless he or she determines that paramount considerations of health, the general welfare, or public safety require reconsideration by the entity which granted development authorization. The Land Use Administrator shall determine whether the use, construction, or activity has started.
(B) Completion. If all construction and actions authorized or required by a land development permit or modification thereof are not completed within 18 months or such other completion date stipulated in the permit or modification, the permit holder may request an extension of the completion time limit from the Land Use Administrator. The Land Use Administrator may grant extensions of the time limit for periods of up to 12 months if he or she determines the following:
(1) The permit holder requested the extension prior to the expiration of the completion time limit;
(2) The permit holder has proceeded with due diligence and good faith; and
(3) Conditions have not changed so substantially as to warrant reconsideration of the approved development. The Land Use Administrator shall determine whether or not all construction and actions authorized or required have been completed.
(C) Revocation. If any conditions of a land development permit or modification, including completion time limits, or requirements of this ordinance applicable to the permit or modification are violated, the Land Use Administrator may revoke the permit or modification. The Land Use Administrator may reinstate a revoked land development permit or modification of land development permit if he or she determines the following: (1) the holder of the revoked permit or modification submitted a request for reinstatement within 90 days of revocation; (2) the violations that were the cause of the revocation have been corrected; and (3) the development fully complies with all conditions of the permit or modification and all applicable requirements of this chapter.
(Ord. passed 10-1-07)