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given the authority to review that, to look at the reasons for delay, and to be able to grant or deny
<br /> that administrative condition. After that period,the applicant is informed that if you need
<br /> additional time, you have to come back to the Commission and/or Council. So, they are thinking
<br /> that maybe instead of having it an administrative process, we just look at it and say okay, we
<br /> think it's going to take this long, but we'll give them, instead of five years, we'll give them eight
<br /> years. They're not thinking, you know,ten years; they're thinking more reasonable.
<br /> Let's see, okay, so this is the other discussion that a lot of times when we're reviewing the
<br /> administrative permit request or extension request,there are three or four criteria that they have
<br /> to meet: Is, was the delay based on circumstances that were unforeseen and are not the, not as a
<br /> result of the actions of the applicant; is the project still consistent with the General Plan and the
<br /> Zoning Code; and, is the project still consistent with the original reasons that it was approved in
<br /> the first place. So, we look at that.
<br /> But, a suggestion was made that if they come in after five years and nothing has been done, then
<br /> maybe that's a time where we say you know what, you haven't done anything in five years,
<br /> you've got to go back and you've got to request additional time from the Commission and the
<br /> Council because nothing has been done in five years. So,that was an option. As part of that,
<br /> they were trying to suggest that we define certain terms. One is substantial commencement like
<br /> —it's a tough one because you have to kind of find a, where you feel like okay, they've kind of
<br /> come to a point where, yes, they're on their way, they've done this much, they poured so much
<br /> in. The idea is maybe the basic infrastructure is in place; they've come in, they've done their
<br /> grading permits, they've started putting in roads and electricity and water and sewer and
<br /> whatever. I think the Land Use Commission went a step further to say something like 10 percent
<br /> of the actual construction has to be done. The other thing would be define either "begin
<br /> construction" or we need to,this is something we have to do, and that is to define "complete
<br /> construction" because there has to, there has to be a definition that says a—because our condition
<br /> says that the construction has to be completed within this timeframe. There are times they may
<br /> be close but they are not complete, but they'll argue but, yeah, but, we're, we've already built
<br /> everything, we just need this and that, and it's like well, we don't really have a definition that
<br /> says this is complete construction. What we would suggest is a definition that identifies they've
<br /> received their final inspections on building permits and/or certificate of occupancy. In
<br /> commercial-type zonings and others, you're required to get signed off for a certificate of
<br /> occupancy. Other developments is just a building final, right, residential-type projects.
<br /> There is also, I mean, as part of this discussion, they were thinking that it could be as simple, too,
<br /> that the applicant has come in and they've been delayed going through all their permitting, right?
<br /> It's taken them three years to get a building permit. It's taking them a year to go through Plan
<br /> Approval or whatever it is. So,then, the talk was that you kind of start the time from that
<br /> particular time. When they get their Plan Approval or their building permit, then we start the
<br /> time to complete construction. The problem we have with that that we recognize is that they
<br /> may delay the project to not get that. You know what I mean? They may just say aw, we'll just
<br /> hold off until we're really ready to go, and that may take five years, but nothing is going to
<br /> require them to come back because there's nothing forcing them to do that in the first place. You
<br /> could put a time frame that they have to get that and then they start the time to construct. So
<br /> there's a couple options there. So, that's kind of what we're speaking about on this last bullet.
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<br /> EXHIBIT C
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