§ 167-26.A. Automatic termination.

A. 

In the event any of the following actions are not taken within five years from the effective date of any planned development district (PDD) established under this article, such PDD shall be deemed null and void, and the zoning of these lands shall revert to their zoning classification existing immediately prior to such effective date:

(1) 

Site plan approval for the PDD has not been obtained;

(2) 

No building permit has been issued for construction of any structure provided for in any such planned development; or

(3) 

Construction of any such structure has not been commenced on any lands within such planned development.

B. 

Where any specific provision regarding automatic termination of a PDD has been established within a given PDD ordinance or local law, which provision conflicts with this section, that specific provision shall control for that PDD.

C. 

With respect to any PDD in existence as of the effective date of this section which does not contain provisions for the automatic termination of that PDD, such PDD shall be deemed null and void, and the zoning of these lands shall revert to their zoning classification existing immediately prior to the effective date of that PDD, in the event any of the following actions are not taken within three years:

(1) 

Site plan approval for the PDD has not been obtained;

(2) 

No building permit has been issued for construction of any structure provided for in any such planned development; or

(3) 

Construction of any such structure has not been commenced on any lands within such planned development.

D. 

The provisions above notwithstanding, the Town Board may, by resolution, exempt a specific PDD from termination, exempt a specific PDD from termination subject to further action of the Board, or lengthen the length of time prior to the automatic termination of a specific PDD. (A resolution adopted February 2, 2004, exempted PDD Nos. 10(a), 19, 30 and 43 from termination, subject to further action of the Town Board on 90 days' notice by regular U.S. mail to the owner(s) of the property, subject to that further action.)