Conditional zoning approvals; procedure

A. Conditions. Any conditional zoning approval pursuant to section 910, whether variance or special use permit, shall clearly state on its face those further state or federal approvals upon which the zoning approval is conditioned, and the date by which such other approvals must be obtained. The zoning board shall set an expiration date for the variance or special use permit in the event that such approvals are not obtained, or if no such date is set, then it shall be deemed to be two (2) years from the date of the filing of the variance or special use permit in the office of the town clerk.

B. Extension of time. The applicant may, if application is made prior to the time by which such approvals are to be obtained, apply to the board for an extension of time in which to obtain the needed state or federal approvals, and the board shall hold a hearing to determine if good cause exists to extend the time.

C. Good cause for extension of time. At any hearing held pursuant to this section, the board shall have the authority to extend the time allowed for good cause shown, which shall include, but not be limited to, a showing that the applicant has proceeded in good faith and with due diligence in the attempt to obtain such state or federal approvals and that any delay has not been caused by the actions of the applicant or his agents.

D. Notice of hearing. At any hearing held pursuant to this section, due notice shall be given in same manner as for any application before the board, with such notice to be paid for by the applicant.

E. Failure to obtain permit. In the event that all such required state or federal approval are not obtained within the time specified, including any extension of time that may be granted pursuant to this section, the variance or special use permit shall expire automatically and shall be void.