A. Except when a rezoning has occurred based upon a preliminary or general site plan any approval of a preliminary site plan may be revoked by the Planning Board, after a public hearing and upon written notice in person or by mail to the applicant:
(1) If a fully complete application for final site plan approval has not been submitted to the Planning Board within 18 months of the date preliminary approval was granted, or
(2) If an application is submitted within such eighteen-month period, such application is not diligently prosecuted by the owner to enable the Planning Board to grant final site plan approval within 24 months of the date preliminary approval was granted.
B. The Planning Board may, when compliance with the foregoing time periods would create a significant hardship for the owner, extend the time periods for such periods and upon such conditions as the Planning Board may reasonably determine.
C. Unless work has materially commenced in accordance with the final site plan within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the Planning Board gave final site plan approval, whichever is earlier, not only the building permit but the site plan approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the granting of any site plan approval. The Planning Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above.
(1) For the purposes of this section, work will not have "materially commenced" unless, at a minimum:
(a) A building permit, if required, has been obtained;
(b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and
(c) Substantial excavation (where excavation is required) or significant framing, erection, or construction (where excavation is not required) has been started and is being diligently pursued.
