§ 190-36. Expiration of variances.

Variances granted after the effective date of this ordinance by the Planning Board or the Zoning Board of Adjustment shall expire unless the development associated with the variance is promptly completed; provided, however, that no variance which was a prerequisite for subdivision approval shall expire if the plat or deed for the subdivision has been filed with the County Recording officer as required by law. All other variances shall expire in accordance with the following provisions:

A. Variance approvals not subject to site plan, subdivision or conditional use approval.

In the case of a variance approval from the Zoning 'Board of Adjustment which does not also require subdivision, site plan or conditional use approvals from the Board, the required building permits must be obtained within six (6) months of the date of the resolution of approval or within six (6) months of the date that all conditions precedent of approval, if any, have been satisfied, whichever occurs later, or the variance will expire.

B. variance approvals subject to or part of site plan or conditional use approval.

In the case of a variance approval from the Planning Board or the Zoning Board of Adjustment which also requires site plan or conditional use approvals from the Board, the required building permits must be obtained prior to the date of expiration of the period of statutory protection against changes in the zoning regulations, which periods are provided in Article VII of this chapter, or the variance will expire.

C. Bifurcated variance applications. In the case of a bifurcated variance approval from the Planning Board or the Zoning Board of Adjustment which requires subsequent subdivision, site plan or conditional use approvals from the Board, all such subsequent applications shall be filed within twelve (12) months of the date of the resolution approving the original variance, or within twelve (12) months of the date that all conditions precedent of the approval for the original variance, if any, have been satisfied, whichever occurs later, or the variance will expire.

D. Extensions. The Planning Board or the Zoning Board of Adjustment, as applicable, may, upon good cause shown in writing, extend the expiration dates for variances specified in Subsections A., B. and C. above, provided that the extension is applied for prior to or within ten (10) days of the date upon which the variance would otherwise expire.

E. Appeal of Expiration. Should the developer fail to meet the deadlines for the expiration of variances specified in this section, said relief shall be deemed to be automatically rescinded by the Board unless the developer, within ten (10) days of the required deadline, provides in writing sufficient cause to show why such relief should not be rescinded. Should the developer submit a written showing of cause, the Board shall hold a public hearing on the request by the developer, with public notice to be served the same as in the original variance application.