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We were considering the Land Use Commission recently created a definition for substantial
<br />commencement, and it identified how much of that project has to be done for it to meet that
<br />definition.
<br />And, then, lastly, because of the fact that there is always this process that somebody has to go
<br />through, an applicant, before they can start their project, we're considering the possibility of
<br />starting the timeline at a particular time, like when they receive Plan Approval. Then, they have
<br />five years to do the project. So, you don't lose that two or three years trying to get Plan
<br />Approval. It's not, you know, because currently, it takes them a long time to go through that
<br />permitting process, then after they're done, they almost depend on that administrative time
<br />extension to be able to really do the project.
<br />Let's move on to permits, which are clearly the authority of the Planning Commission. So, this
<br />would include SMA Permits, Use Permits, Special Permits, and now also PUD permits which we
<br />haven't seen yet, but eventually. We definitely need to go in and fix the rules on, the Planning
<br />Commission rules on these permits because they are not consistent with each other. They're
<br />different. And, so we need to bring uniformity. So, the possibility is either. So, in the
<br />discussion right now in one of the rules, it says that the applicant has to submit the time
<br />extension request 90 days prior to the deadline. Okay, another permit says 60 days prior to the
<br />permit. The question is, is what happens if they submit 80 days prior to the permit? Do we say,
<br />sorry, that is not acceptable, you know, so in discussion with a colleague, we were thinking
<br />maybe the more appropriate is to just say they have to submit prior to the deadline. Because
<br />legally, that's the deadline. You know, you can't really make 90 days prior to the deadline the
<br />deadline, because that's kind of—it's harsh. So, even though it may take them time after they
<br />submit to go through the permitting to get their approval, the Commission felt, they kind of say,
<br />well, you know, still that's kind of, you know, they'll wait till the last minute. Believe me, if
<br />these applicants know that that timeline is coming up, they are aware of it. They're gonna
<br />submit.
<br />The problem is a lot of these guys aren't even focused on their permit. They don't even, they
<br />don't submit their annual progress reports. They don't submit the time extension until a year or
<br />two after. So, those are the kind of guys, I think, that are gonna be affected by this.
<br />The other thing is, is that if the applicant submits—let's say they submit just at the deadline, and
<br />it takes 90 days to get their approval for a modification or an extension. If they come in for any
<br />type of permit or Plan Approval during those 90 days, we won't approve it because their permit
<br />is expired. I mean, the timeline has finished. We would tell them you have to wait until the
<br />outcome of the Planning Commission hearing to come back and get your permit. So, that's the,
<br />that's the consequence they get by waiting.
<br />So, on project deadlines. So, again the same sort of discussion. If an applicant comes in—now,
<br />this is a little different for projects because in permits, it is project specific, right? We're not
<br />looking at zoning. This is a Special Permit, an SMA Permit, or Use Permit that says I'm
<br />building this structure and I'm held to that. I can't change that. If I change it, I gotta come in.
<br />So, timelines might be good to be a part of this because of the fact that it is project specific.
<br />There was a consideration to say maybe we don't consider the administrative—we just give `em
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