HAR §15-23-85. Lapse of development permit

(a) Any development permit granted under the provisions of this chapter shall automatically lapse if the initial building permit authorizing the construction of the foundation or superstructure of the project has not been issued within two years from the date of granting the permit, or, if judicial proceedings to review the decision to make the grant is instituted, from the date of entry of the final order in such proceedings including all appeals. (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 authority or executive director, as the case may be, may grant an extension to the effective period of a development permit approved by the same, 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 or executive director 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. A public hearing shall be held on an extension request if a public hearing was held on the development permit or any variance or modification granted as part of the development permit process. [Eff 2/24/90; am and comp 10/10/98; comp 2/2/02; comp 12/9/02; comp 11/3/05] (Auth: §15-23-85 23-72 HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)