§ 1366-5. If the Cultural Heritage Board or staff, as applicable, fails to act on a request for a Certificate of Appropriateness within ninety (90) days of submission of a complete COA application, a Certificate of Appropriateness shall not be required; proposed projects on undesignated and designated Cultural Heritage Sites may proceed without an approved COA, provided an action is not pending on the designation of the site, and all other necessary permits have been obtained.