Haw. Code R. § 15-22-118 - Lapse of planned development permit
(a) Any planned
development permit granted under the provisions of this subchapter shall
automatically lapse if the initial building permit authorizing the construction
of the foundation or superstructure of the project shall not have been issued
within two years from the date of the permit, or, if judicial proceedings to
review the decision to make the grant shall be instituted, from the date of
entry of the final order in such proceedings including all appeals.
(b) Should a planned development permit
provide for phased construction, the phases shall be constructed in accordance
with the time periods set forth therein; however, if no time is specified, the
planned development permit shall lapse if the building permit for the
subsequent phase shall not have been issued within one year of the issuance of
the occupancy permit for the previous phase.
(c) The authority may grant an extension to
the effective period of a planned development permit, not to exceed two years,
upon the applicant's request and justification in writing for an extension,
provided the request and justification are received by the authority at least
one hundred days in advance of the automatic termination date of the planned
development permit and there are no material changes in circumstances which may
be cause for denial of the extension. The authority shall hold a public hearing
on an extension request if a public hearing had been held on the planned
development permit or any variance or modification granted as part of the
planned development permit process.
Notes
15-22-118 is based substantially upon § 15-17-100. [Eff 2/27/82; am 5/11/85; R 9/8/86]
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