Current through September, 2024
Section 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. [Eff 9/8/86, am and comp 1/28/88, am 1/29/90, comp 2/24/90, am 12/15/94] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-4, 206E-5, 206E-7)
15-22-118 is based substantially upon § 15-17-100. [Eff 2/27/82; am 5/11/85; R 9/8/86]