PUERTO RICO Law and Practice Contributed by: Antonio J Santos and Donald E Hull, Pietrantoni Mendez & Alvarez LLC
during the specified comment period and may also appear at the public hearing, if any, and pro - vide verbal or written comments at such time in favour of or against the project. During the per - mitting process, a third party may also request that the agency grant it the right to participate as an intervenor, which the agency may approve if the party meets certain requirements. As an intervenor, the third party would be afforded the status of a party to the proceedings. After the hearing, or completion of all necessary steps to evaluate the project (as applicable), the agency will evaluate all the information in the record and issue a decision, approving or deny - ing the permit. 4.5 Right of Appeal Against an Authority’s Decision Every applicant of a project who is denied an application for a permit to develop or use real property has the right to appeal the determina - tion within the specified legal/regulatory time - frames. Generally, the applicant has the option of requesting the permitting agency to recon - sider its determination or seeking judicial review of the determination by a court with jurisdiction. The applicant may also choose to exercise both options – by seeking reconsideration first and, if In order to obtain development permits or approvals, an applicant is required to seek and obtain the recommendations regarding the pro - ject from the various agencies with jurisdiction over the matter. Among the agencies typically consulted during this process are municipal governments, utility suppliers (which in Puerto Rico are government-owned), and agencies with jurisdiction over natural resources and the denied, pursuing judicial review. 4.6 Agreements With Local or Governmental Authorities
environment, public highway and transportation systems and cultural, historical or archaeological resources, among other things. It is not uncommon for a public utility provider, such as an electric power service provider or the water and sewer service provider, to include conditions on improvements to be made by the applicant in order to obtain the desired services in its recommendations. Sometimes these con - ditions may require the applicant to make capital investments. The parties may find it necessary or convenient to enter into an agreement specifying their respective obligations, including any infra - structure development and capital commitments from the parties, commitments from the utility regarding the capacity to be supplied, proce - dures for the connection of different phases of a project, and any negotiated terms for the pay - ment of connection fees, among other things. An agreement may also be necessary with the highway and transportation authority to address necessary highway infrastructure improvements and the payment of impact fees (as applica - ble). In the case of projects that impact natu - ral resources, the applicant may be required to reach an agreement with the natural resource protection agency to address mitigation or com - pensation requirements, which in some cases may include the transfer of lands for preserva - tion. Agreements with other agencies may be required in order to address their recommenda - tions or as a pre-condition to obtain develop - ment permits or implement a project. 4.7 Enforcement of Restrictions on Development and Designated Use Each ongoing construction project must have an independent inspector designated by the owner to periodically inspect it. The inspector must be a licensed architect or engineer in Puerto Rico.
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