A. Permit expiration. Every permit approved pursuant to this chapter shall expire upon the occurrence of the earliest of any of the following:
1. If the permit has not been issued and permit work begun within 3 months after the date the permit is approved;
2. If substantial progress is not made on the permit work within 6 months after the date the permit is approved;
3. If the permit work is not completed within 15 months after the date the permit is approved; or
4. If the permit work is suspended, interrupted or abandoned for a period of three months after it has commenced.
B. Forfeiture of fees and deposits upon permit expiration. Upon the expiration of any permit for any cause prior to issuance of the final certificate of occupancy, all retained fees and deposits shall be forfeited and any permit bonds shall be subject to forfeiture upon approval of such forfeiture by the Council.
C. Effect of permit expiration.
1. Upon the expiration of any permit, for any reason, the right of the permittee to perform further construction activity on, or to obtain any inspections of, the work that was the subject of the permit shall cease, unless and until the permit is first revived subject to the terms and conditions of subsection E of this section.
2. Notwithstanding the foregoing, the Director shall have the discretion and authority to order the permittee to secure the construction site, to restore the construction site and to restore any public property or rights-of-way used in or affected by the work that was subject to the expired permit. Any construction site that a permittee allows to remain unsecured or unrestored after receiving such an order from the Director, and any public right-of-way or property that the permittee allows to remain unrestored after receiving such an order from the Director, shall constitute a public nuisance under Chapter 9.16 of this code.
D. Permit extension. Subject to the terms and conditions of this section, a permittee holding an unexpired permit may apply for a permit extension of up to 9 months.
E. Permit revival. Any application for a permit to allow the completion of any work that was the subject of a permit that has expired, shall be deemed a revival of the prior permit.
F. Standards for permit revival or extension. All applications to revive or extend a permit shall be made in writing and shall be subject to the following terms and conditions.
1. The application shall include a detailed explanation of the reasons the revival or extension is necessary, and the reasons why the construction activity did not proceed within the time periods specified in subsection A of this section, which detailed explanation shall include the date permit work began, the dates during which work was suspended or interrupted, and the last date on which work was performed, as well as the reasons for each such suspension, interruption or abandonment of the work.
2. The application shall include a proposed, revised construction schedule.
3. The application shall be accompanied by all applicable fees, which shall be set by resolution of the Village Council. The Village reserves the right to impose additional fees and to require additional deposits for the revival or extension of any permit.
4. Upon receiving a completed application for permit revival, the Director shall provide written notice of the application to the owners of record of all parcels of property located within 250 feet of the property that is the subject of the application, The notice shall include a description of the remaining work and the proposed revised construction schedule. The owners entitled to receive such notice may provide written comment on the requested permit revival. The written comments shall be addressed to the Director, who shall consider such comments in determining the length of time the permit shall be in effect, and what, if any, site management requirements should be imposed as a condition of the permit.
5. The Director may require such additional documentation as he deems reasonably necessary to provide a complete description of the remaining work, construction methods and construction schedule.
G. Performance security. In addition to payment of required fees, and in addition to any other form of security required by this code, the applicant shall provide additional performance security, in an amount that the Director determines is adequate to secure the timely completion of the permit work and restoration of the work site and affected public property and rights-of-way.
H. Term of permit. The Director shall set the term of all revived and extended permits, after considering the nature of the work to be completed, the impact of the construction on the adjoining public ways and properties, the number and length of interruptions in the progress of the work, and the reasons the work was not completed under the original permit. In no event shall the term of a revived or extended permit allow a period of more than 24 months from the date of the approval of the original permit, unless such additional term is approved by the Village Manager.
(Ord. MC-13-2004 § 7, 2004)
(MC-13-2004, Amended, 12/07/2004)