Any variance or special use permit shall expire one year after the date of the filing of the resolution with the Town Clerk unless the applicant shall, within one year, obtain a legal building permit and proceed with the construction; or obtain a certificate of occupancy when no legal building permit is required. The Board may, upon written request and for cause shown prior to the expiration of the initial one year period, renew the variance or special use permit for a second one year period. Said request for an extension need not be advertised.

Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one year period, the Board may upon written request prior to the expiration of the second one year period, renew the variance or special use permit for a third one year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution, and notice shall be given in accordance with Section 9-8 (b) and a hearing shall be held on the request.

None of the year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.