1.14.9 Expiration

Unless otherwise specified during the review and approval process, conditional use permits shall expire one year from the date of the Town Board approval of the Conditional Use Permit, unless substantial construction activity has commenced on the project. Substantial construction activity is evidenced by the developer obtaining building permits for the project (or for the first phase of a phased project). Permits may be issued in stages, but the issuance of a footing and foundation permit is not evidence of substantial construction activity unless the permits for the remainder of the structure (or remainder of the phase, in phased projects) are obtained within six months of the issuance of the footings and foundation permit. Demolition permits do not evidence substantial construction work for purposes of extending a conditional use permit. Whether construction has commenced or not, the Town Board may grant an extension for up to one additional year when the applicant is able to demonstrate a legitimate delay in the start of construction, such as inclement weather, delays in financing, or similar factors. Where the Planning Commission has granted a temporary Conditional Use Permit, that permit’s expiration will occur on the date specified in the permit. Renewal of the permit after expiration in any type of conditional use will require a complete re-application as if no permit was granted previously and as procedurally outlined in this Code.