§ 85-59. Duration of special permits, variances and land divisions.

A. 

Every application for a special permit, variance or land division, granted by the Board of Zoning Appeals or other authorized board pursuant to the provisions of this chapter, shall be and become null and void and of no further force or effect, unless:

(1) 

Within 24 months after the date of the grant, determination or decision of the Board of Appeals or other authorized board, a building permit shall have been obtained or the transfer of one of the lots created by a land division has occurred and a deed filed with the Suffolk County Clerk's office such that there is no common ownership of the parcels; or

(2) 

The use so granted shall actually have commenced upon the premises, is duly incorporated in a site plan application pursuant to § 85-113H, or the erection and construction of the building or structure shall be commenced pursuant to a duly issued building permit; or

(3) 

Notwithstanding the provisions of Subsection A(1) and (2), if the applicant for a building permit has otherwise fulfilled all the requirements of the Town of Brookhaven and completed all necessary filings associated with that building permit and the applicant is awaiting a determination from the Town of Brookhaven or another governmental agency in order to obtain a building permit, upon written request by the applicant to the Board of Zoning Appeals, the Board of Zoning Appeals may extend its prior grant, on no more than two occasions, for a period of no more than six months on each occasion.

B. 

All prior unexpired and valid special permits, variances or land division grants with no date of expiration shall be and become null and void and of no further force and effect one year from August 31, 2004, unless:

(1) 

A building permit shall have been obtained or the transfer of one of the lots created by a land division has occurred and a deed filed with the Suffolk County Clerk's office such that there is no common ownership of the parcels.

(2) 

The use so granted shall actually have commenced upon the premises, is duly incorporated in a site plan application pursuant to § 85-113H or the erection and construction of the building or structure shall be commenced pursuant to a duly issued building permit.

(3) 

Notwithstanding the provisions of Subsection B(1) and (2), if the applicant for a building permit has otherwise fulfilled all the requirements of the Town of Brookhaven and completed all necessary filings associated with that building permit and the applicant is awaiting a determination from the Town of Brookhaven or another governmental agency in order to obtain a building permit, upon written request by the applicant to the Board of Zoning Appeals, the Board of Zoning Appeals may extend its prior grant, on no more than two occasions, for a period of no more than six months on each occasion.