In the event that, during the period of approval
heretofore or hereafter granted to an application, the developer is
barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party, or by a directive or order issued by any state agency, political
subdivision or court of competent jurisdiction, to protect the public
health or welfare, and the developer is otherwise ready, willing and
able to proceed with said development, the running of the period of
approval under this chapter shall be suspended for the period of time
said legal action is pending or such directive or order is in effect.
The Board and an applicant may mutually agree
to extend the time limit specified for action. Such extension shall
be made in writing or verbally at a public meeting of the Board.
Any variance from the terms of this chapter
hereafter granted by either Board permitting the erection or alteration
of any structure or permitting a specified use of any premises shall
expire by limitation unless such construction or alteration shall
have been actually commenced on each and every structure permitted
by said variance, or unless such specified use has actually been commenced,
within one year from the date of publication of the notice of the
decision of the Board granting the variance or unless specifically
approved for a larger period of time as permitted by statute; except,
however, that the running of the period of limitation herein provided
shall be tolled from the date of filing an appeal from the decision
of the Board to a court of competent jurisdiction, until the termination
in any manner of such appeal or proceeding.