Haw. Code R. § 19-170-126 - Lapse of 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.
(b) Should a 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
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 corporation may grant up to two extensions to the effective period of a
development permit, not to exceed two years each, upon the applicant's request
and justification in writing for an extension, provided the request and
justification are received by the corporation at least one hundred days in
advance of the automatic termination date of the development permit and there
are no material changes in circumstances which may be cause for denial of the
extension. The corporation shall hold a public hearing on an extension request
if a public hearing had been held on the development permit or any variance or
modification granted as part of the development permit process. The request for
extension shall be accompanied by a fee of $200 plus the cost of publication of
notice to defray the expenses of holding a hearing. The cost of the hearing
notice shall be refunded only if the public hearing notice has not been
submitted to the publishing agency.
Notes
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