Hawaii Development Agreement Statute

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 226-230

VI. HAWAII DEVELOPMENT AGREEMENT STATUTE

[§46-121]. Findings and purpose

The legislature finds that with land use laws taking on refinements that make

the development of land complex, time consuming, and requiring advance fi-

nancial commitments, the development approval process involves the expendi-

ture of considerable sums of money. Generally speaking, the larger the project

contemplated, the greater the expenses and the more time involved in comply-

ing with the conditions precedent to filing for a building permit.

The lack of certainty in the development approval process can result in a

waste of resources, escalate the cost of housing and other development to the

consumer, and discourage investment in and commitment to comprehensive

planning. Predictability would encourage maximum efficient utilization of re-

sources at the least economic cost to the public.

Public benefits derived from development agreements may include, but are

not limited to, affordable housing, design standards, and on- and off-site infra-

structure and other improvements. Such benefits may be negotiated for in re-

turn for the vesting of development rights for a specific period.

Under appropriate circumstances, development agreements could

strengthen the public planning process, encourage private and public participa-

tion in the comprehensive planning process, reduce the economic cost of devel-

opment, allow for the orderly planning of public facilities and services and the

allocation of cost. As an administrative act, development agreements will pro-

vide assurances to the applicant for a particular development project, that upon

approval of the project, the applicant may proceed with the project in accor-

dance with all applicable statutes, ordinances, resolutions, rules, and policies in

existence at the time the development agreement is executed and that the pro-

ject will not be restricted or prohibited by the county’ssubsequent enactment or

adoption of laws, ordinances, resolutions, rules, or policies.

Development agreements will encourage the vesting of property rights by

protecting such rights from the effect of subsequently enacted county legisla-

tion which may conflict with any term or provision of the development agree-

ment or in any way hinder, restrict, or prevent the development of the project.

Development agreements are intended to provide a reasonable certainty as to

the lawful requirements that must be met in protecting vested property rights,

while maintaining the authority and duty of government to enact and enforce

laws which promote the public safety, health, and general welfare of the citi-

zens of our State. The purpose of this part is to provide a means by which an in-

dividual may be assured at a specific point in time that having met or having

agreed to meet all of the terms and conditions of the development agreement,

the individual’srights to develop a property in a certain manner shall be vested.

[§46-122]. Definitions

The following terms when used in this chapter shall have the following re-

spective meanings:

226

BARGAINING FOR DEVELOPMENT