Current through September, 2024
Section 15-22-206 - Review, termination and amendment(a) The authority may at any time conduct a review of compliance with the terms and conditions of a master plan approval, provided that such a review shall be required upon petition by the landowner for an extension of the effective period of the master plan approval.(b) If, as a result of a review, the executive director finds and determines that the terms or conditions of approval have not or are not being met, the executive director shall, within ten days of this finding, notify the landowner in writing, setting forth the specific default and the evidence supporting the finding and determination, and provide the landowner a reasonable time period within which to correct the default.(c) If the landowner fails to cure the default within the time period given, the authority may terminate or modify the approval, or disapprove the extension request, as the case may be, provided that the executive director has first given the landowner the opportunity to rebut the finding and determination, or to consent to amend the approval to cure the default. Failure to cure the default within the time period given shall be cause for denial of any planned development permit within the master planned area.(d) A master plan, once approved, may be amended or terminated, in whole or in part, by mutual consent of the authority and landowner, or their successors in interest, provided that if the authority determines that a proposed amendment would substantially alter the terms and conditions of the approved master plan, a public hearing on the amendment shall be held prior to the authority's approval of the proposed amendment. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-7, 206E-33)