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26.0210 Land use permits; issuance, duration, and contents.

Cite as [A.S.A.C. § 26.0210]

A. Issuance and duration

1. Upon a determination by the Manager in the case of a minor project, or recommendation of the Board in the case of a major project, the Director shall approve, approve with conditions, or deny the land use permit application.

2. Physical development of the project which is approved under a land use permit shall commence within one (1) year of the date the land use permit is issued, and shall be completed within two (2) years of the date of issuance; except:

a. If physical development of the project is not commenced within one (1) year of the date the land use permit is issued, the land use permit shall be voidable by the Board;

b. If work is discontinued for a period of one (1) year or more, that land use permit is considered abandoned and a new land use permit application shall be required; and

c. If the project is not completed within two (2) years of the date the land use permit is issued, the Board may extend the permit duration upon request by the applicant within six (6) months of the permit expiration day.

3. The land use permit shall be posted at the site prior to commencing physical development and visible to the public throughout the duration of the project.

B. Contents

1. The land use permit shall be issued on a standard form prepared by the Department of Commerce and shall contain at a minimum the following information:

2. purpose and scope of the land use permit;

3. all conditions imposed by the Board;

a. All land use permit conditions shall be incorporated into the final design plans of a land use permit.

b. The land use permit shall be submitted to each Board member agency having jurisdiction over the conditions imposed who shall be responsible for the enforcement of the conditions.

c. A performance bond or cash equivalent may be required by the Board if a failure to adhere to the terms and conditions of a land use permit may result in or threaten damage to coastal resources, including beyond the boundaries of the project site.

d. All conditions imposed on a land use permit shall be for the term of the permit, unless otherwise stated.

4. duration of the land use permit;

5. notice that the American Samoa Coastal Management Program or member agencies of the Board have legal authority, as provided by this chapter, to periodically inspect the project; and

6. notice that any deviation from the purpose and scope of the land use permit, or any violation of the conditions of the permit, shall subject the permittee to financial penalties and/or revocation of the permit as provided by this chapter.

History: Rule 8-80 (Ex. Ord. 03-80); ASCMP Reg. (Ex. Ord. 07-88); Rule 2-97, eff 4 Aug 97.