Should the board find and by resolution declare that the construction of a building will substantially destroy the objectives of the official map, the board may delay the granting of a permit for a period not to exceed forty (40) days from the date of adoption of the resolution, during which time the board shall be given a further opportunity to negotiate with the applicant and attempt to reach agreement, to be specified in a permit, as to the location, area, height, character and other details of the proposed construction so that the objectives of the official map may be met.
During this period, the proper highway officials may also negotiate for the purchase of the property or prepare for condemnation.
After the expiration of the forty (40) days, the board shall issue the permit unconditionally; or in the event the board refuses to issue the permit upon demand, the applicant may construct the building without the permit required by this part to ensure preservation of property rights.
However, any building costing less than three thousand dollars ($3,000) shall receive a permit to become effective forty (40) days after receipt of the application by the board, and the hearing specified in § 54-18-213 shall not be held in connection with the applications for the permits.
