Section 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.Haw. Code R. § 19-170-126
[Eff MAY 5 2013] (Auth: HRS §§ 206J-5, 206J-7) (Imp: HRS §§ 206J-1, 206J-5)