§ 70-219.1. Time limitations., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Change of zone. Whenever a change of zone has been granted pursuant to § 70-238B, failure to obtain, as applicable, a variance, site plan approval, special use permit, or building permit (whichever action occurs first) to develop the rezoned property in accordance with the petition and site plan made a part thereof within three years after the granting of the petition shall be deemed an abandonment of the project, and the rezoned property shall revert to the zoning classification which applied at the time of the change of zone, except that the Town Board may, on petition or on its own motion, by resolution after a public hearing, extend such rezoning for additional periods of one year on finding that the conditions and circumstances essential to the original enactment have not changed. No extension of a rezoning may be granted for greater than one year, and any extension of a rezoning granted for greater than one year shall be void and of no effect.

Variances by the Board of Zoning Appeals.

(1)

Any variance granted by the Board of Zoning and Appeals shall lapse and be of no further force and effect after three years from the date of decision if the applicant has not obtained, as applicable, site plan approval, a special use permit or a building permit (whichever action occurs first) to develop the property that is the subject of the application for a variance in accordance with the plans for which such variance was granted, unless an extension of time has been granted by the Board pursuant to this section.

(2)

Upon request of the applicant, the Board may extend a variance for not more than one year per application, up to a maximum of three one-year extensions. The applicant seeking a variance extension shall submit a written request to the Board, together with any supporting documentation. Such request shall be filed prior to the expiration date of the variance or previous variance extension. Failure to file a timely request shall result in a lapse of variance.

(3)

Requests for a variance extension shall be considered by the Board without a public hearing. The applicant must demonstrate by substantial evidence that there have been diligent efforts to pursue the necessary permits for construction, that there has been no substantial change in facts as presented in the original variance application or the conditions of approval, and that specified circumstances or conditions necessitate the extension. In the absence of such evidence, requests for a variance extension shall be denied.

(4)

Fees for variance extension requests shall be set according to the amounts indicated in the Town of North Hempstead Fee Schedule.

Special permits. Whenever a special exception has been granted pursuant to this section or a permit pursuant to § 70-203O, failure to obtain, as applicable, site plan approval or a building permit to develop the property in accordance with the application and site plan made a part thereof within three years after the granting of the special permit shall be deemed an abandonment of the project, except that the Town Board may, on petition or on its own motion, by resolution, extend such special permit for additional periods of six months on finding that the conditions and circumstances essential to the original grant have not changed.

Site plan review. Whenever a site plan has been approved pursuant to § 70-219 of the Town Code, failure to obtain a building permit to develop the property in accordance with the application and site plan within three years after the adoption date of the resolution approving the site plan shall be deemed an abandonment of the site plan and the approval of the site plan will be deemed to have lapsed, except that the Town Board may, by resolution and prior to the date the approval shall lapse, extend such site plan approval for additional periods of one year on finding that the conditions and circumstances essential to the original grant have not changed; provided, however, that the Town Board may not grant more than three one-year extensions. Notwithstanding the above, in the event that a building permit to develop the property in accordance with the application and site plan is timely obtained, and the building permit subsequently expires without being extended pursuant to the provisions of § 2-11 of the Town Code or has been subsequently revoked pursuant to § 2-14 of the Town Code, the site plan shall be deemed abandoned and the approval of the site plan will be deemed to have lapsed, except as the site plan is extended as described above.