D.C. Mun. Regs. r. 11-2408
In accordance with §§ 2406.12 and 2407.8 through 2407.11, the applicant may file an application for second-stage PUD approval.
The application shall be filed on a form as may be designated from time-to-time by the Commission.
The Commission shall review the application. If the Commission determines that the application complies with all of the requirements of the first-stage approval, it shall schedule a public hearing on the second-stage application. It is the intention of the Commission that any second-stage application that is substantially in accordance with the elements, guidelines, and conditions of the first-stage approval shall be granted a hearing.
The Commission shall submit the application to the D.C. Office of Planning for coordination, review, report, and impact assessment of the final design. The assessment shall include reports in writing from all relevant District agencies and departments, including, but not limited to, the Departments of Transportation and Housing and Community Development and, if a historic district or district landmark is involved, the State Historic Preservation Officer.
Notice for the public hearing shall be given in the same manner as for amendments to the Zoning Map as contained in chapter 30 of this title. The hearing shall be conducted as a contested case in accordance with those rules.
If the Commission finds the application to be in accordance with the intent and purpose of the Zoning Regulations, the PUD process, and the first-stage approval, the Commission shall grant approval to the second-stage application, including any guidelines, conditions, and standards that are necessary to carry out the Commission's decision. No order approving a PUD shall be deemed to include relief from any zoning regulation, including but not limited to the requirements of Chapter 26, unless such relief was expressly requested by the applicant and expressly granted in the order.
In granting second-stage approval, the Commission may specify that the project be built in stages and shall specify the timing of the stages.
The final PUD approved by the Commission shall be valid for a period of two (2) years, within which time application shall be filed for a building permit, as specified in § 2409.1
Construction shall start within three (3) years of the date of final approval.
The Commission may extend the time periods set forth in §§ 2408.8 and 2408.9 for good cause shown upon the filing of a written request by the applicant before the expiration of the approval; provided, that the Commission determines that the following requirements are met:
For purposes of § 2408.10(c), an extension of the validity of a PUD may be granted by the Commission for good cause shown if an applicant has demonstrated with substantial evidence one or more of the following criteria:
The Commission shall hold a public hearing on a request for an extension of the validity of a PUD only if, in the determination of the Commission, there is a material factual conflict that has been generated by the parties to the PUD proceedings concerning any of the criteria in § 2408.11. The hearing shall be limited to the specific and relevant evidentiary issues in dispute.
In the event an appeal is filed in a court of competent jurisdiction from an order of the Commission, the time limitations of §§ 2408.8 and 2408.9 shall run from the decision date of the court' s final determination of the appeal. Unless stayed by the Commission or a court of competent jurisdiction, an applicant may proceed pursuant to the order of the Commission prior to any such final determination.
If no application for a permit is filed, construction has not started within the period specified, or no extension is granted, the approval shall expire, the zoning shall revert to the pre-existing regulations and map, and the approval shall not be reinstated unless a new application is filed, processes, and approved in accordance with this chapter.
A change of zoning approved in conjunction with a PUD shall not become effective until the covenant required in § 2409.3 has been recorded.
The grant of a PUD prohibits any construction on the PUD site that is not authorized in the order approving the PUD, including development under matter of right standards, until:
D.C. Mun. Regs. r. 11-2408