§ 157.142 DURATION OF APPROVED SITE PLAN; EXTENSION; PHASING.
   (A)   Duration of approved site plan. Following issuance of a development order by the town, the applicant shall have one calendar year to commence construction on the site. Where substantial construction has not begun within one calendar year or where substantial progress has not been made during any six-month period following commencement of construction, the site plan approval shall expire and the site plan may be subject to re-evaluation by the town.
   (B)   Extension; application for. One extension of one calendar year may be granted by the Planning Board following review and recommendation by staff on request of the applicant. Consideration of an extension may occur only if an application for an extension is made prior to the expiration of the site plan and where conditions or codes have not changed during the first year so as to affect the public health, safety and welfare of the citizens of the town.
   (C)   Development of site under an approved site plan. If the final certificate of occupancy (CO) on the site has not been issued within three years from the original site plan approval date, the site plan approval shall be deemed to have expired and the petitioner must make application for a new site plan review approval to continue with construction.
   (D)   Phasing of site development.
      (1)   General. If a request for phasing is approved at the time of issuance of the development order, the dates for each phase shall be adhered to or the development order shall expire.
      (2)   Determination of phasing.
         (a)   The following guidelines shall be used for determining eligibility for phasing:
            1.   Sites greater than three acres; and
            2.   Buildings greater than 15,000 square feet.
         (b)   Phasing shall not be granted for more than three calendar years.
      (3)   Concurrency. Each phase shall be required to receive a separate certificate of capacity under concurrency management provisions of this code, §§ 152.30 through 152.32, prior to commencement of construction.
(Ord. 2002-03, passed 6-25-2002)